For the purposes of this chapter, the words set out in this section shall have the following meanings:
"City"
means the City of Molalla.
"Council"
means the Mayor and City Council of the City of Molalla, Oregon.
"Customer"
means any person granted water service after due application.
"Customer line"
means the pipe, valves and fittings leading from the water meter into the premises served.
"Director"
means the Director of Public Works of the City of Molalla, employed by the City of Molalla.
"Main" or "water main"
means the pipe in the street, alley or right-of-way owned and maintained by the City for the purpose of distributing water to customers and servicing fire hydrants.
"Person"
means and includes any natural person, firm, co partnership, association or corporation.
"Service line" or "service connection"
means the pipe, valves, stops and fitting from a main to and including the meter and meter box.
"System"
means all or any part of the water system owned and operated by the City and includes all service lines to and including all meters.
(Ord. 1976-3 §1)
The water system is owned by the City of Molalla and the people residing therein, and none of the properties may be disposed of except as by Charter or ordinance provided.
(Ord. 1976-3 §2)
A. 
The entire system including all mains, service lines, meters, reservoirs, pumping stations, treatment plants, and all facilities and appurtenances shall be operated only by regularly employed and authorized personnel of the City.
B. 
No person shall connect to any main or service of the system or interfere with the operation of any of the facilities whatsoever, or turn on any meter or service, or operate any valves or fire hydrants; provided, however, that members of regularly constituted fire departments shall be permitted to connect to and use fire hydrants for the express purpose of fighting fire, testing and use consistent therewith.
(Ord. 1976-3 §3)
A. 
The City shall maintain and repair its mains, service pipes, meters, structures, facilities and all appurtenances so as to keep them in repair and operative condition at all times insofar as practical and reasonable.
B. 
The City shall not be liable for damages or otherwise responsible because of interruptions or discontinuance of water service. The Council shall have the right in cases of inadequate supply or shortages of water to determine how water shall be used, and give preference to those uses determined to be in the best interest of the public health and public convenience or necessity.
(Ord. 1976-3 §4)
The City shall furnish water for ordinary domestic, business and community use and for such sprinkling, irrigation, industrial, commercial and firefighting purposes as the system may reasonably supply and as may be approved by the Council.
(Ord. 1976-3 §5)
A. 
The City Council may, by resolution, at such times as it deems appropriate, restrict the use of City water.
B. 
It is unlawful for anyone to use water in violation of the terms of a water restriction resolution duly imposed by the City Council. Violation of such restrictions may be punishable by a fine not exceeding $100.00 for each day of the violation.
(Ord. 1988-1 §1)
The City shall not be obligated to furnish and install at its expense system facilities for all property within the City. The City shall, so far as reasonable and practicable and within its financial means, however, provide adequate source of supply, necessary primary feeder mains, storage facilities and other improvements necessary to make water service generally available to all areas within the City. Extensions to furnish water to areas at present not now obtaining water from the system shall, at the expense of those persons requesting service, be made by the City or by those expressly authorized to do so.
(Ord. 1976-3 §6)
A. 
Application for water service shall be made in writing by the owner of the premises to be served, or the owner's agent duly authorized in writing on regular application forms furnished by the City. No service will be rendered until such application has been completed and the required payments made. All applications shall include signature of applicant, locations of premises for which service is requested, address to which all bills shall be sent, and such additional data as the Council from time to time may require.
B. 
Applications for service shall be considered merely as a request for service, and they shall not bind the City or Council to provide service.
(Ord. 1976-3 §7)
Water service shall be provided only from pipes or mains located within streets, alleys, or rights-of-way controlled by the City, and to-property or premises abutting such mains. So-called "spider connections" which would provide service from one street or road to property or premises abutting another street or road shall not be permitted, and requests for such service shall be disapproved.
(Ord. 1976-3 §7)
A. 
Each dwelling or building, or building complex under the same ownership shall be provided with its own water service connection and meter. Multifamily dwellings and other multi-occupancy units under the same ownership shall be provided with one meter, unless the customer requests and pays for additional meters.
B. 
No person shall furnish water to either buildings or premises without making application for water service with the City, and then only under the specific terms of any such authorization which might be granted.
C. 
No City water customer may furnish City-supplied water to a noncustomer by means of a hose, pipe or similar conveyance. A de minimus temporary use of City water does not constitute a violation of this subsection.
(Ord. 1976-3 §7; Ord. 2002-02 §1; Ord. 2011-01 §1)
Service connection sizes shall be in accordance with the City of Molalla Standard Specifications for Public Works Construction and the water master plan. Service needs that are greater than the minimum service size shall be based on the use requirements of the property served. Any deviation from the prescribed procedures must be approved by the Director of Public Works before installation.
(Ord. 2019-12 §1)
Service to persons residing outside of the limits of the City shall be made only if the City has sufficient surplus water over and above its requirements within the City, and such service, if provided, may be discontinued at any time if the interest and the needs of the City so require. The rate schedule for outside service shall in no instance be less than the rates charged for residents within the City, and it may be more in such additional amount as the Council may from time to time determine. The City may at its discretion require annexation or a waiver of remonstrance to annexation as a condition of providing water service.
(Ord. 1976-3 §7; Ord. 2011-01 §1)
For temporary water service a customer shall pay the established charge for installation of the service connections requested plus any additional charge which may be required by the City for the removal or resetting of the service following the termination of the temporary use. He or she shall also pay in advance one month's anticipated or estimated water service charge, and shall continue to do so each month thereafter so long as the temporary service is maintained.
(Ord. 1976-3 §8)
A. 
At any time a customer wishes to discontinue water service, the City shall read the meter and the bill shall be payable at once.
B. 
Bills for a portion of a month shall be prorated upon the actual days of use if the amount is less than allowed under the minimum bill.
C. 
If, at the customer's request, a service is shut off and turned on more than once in a given month, such charge shall be made therefor as the Council shall determine proper from time to time and as set forth in Appendix I to Ordinance No. 1976-3, as amended or modified, on file in the City Recorder's office.
(Ord. 1976-3 §9; Ord. 2002-02 §5)
A. 
In case the premises of the applicant for water service are connected for water service as a result of the application made and accepted by the City, the application given in writing shall be considered as a contract in which the applicant agrees to abide by all rules and regulations as are in effect at the time of signing the application, or as may be adopted or modified thereafter by the Council, and to pay all bills promptly.
B. 
Whenever the applicant's requirements for water service are unusual, large, or subject to a great fluctuation or variation in draft, the City may require a special contract for an extended period of time, and the City may require reasonable security satisfactory to the City and sufficient to protect the City against loss and to guarantee performance under the terms of the contract.
C. 
All rules, regulations, rates and charges are subject to change or modification by the Council without notice, except however, special contracts which specify the length of time in which the contract rates shall apply.
D. 
All special contracts shall be in writing, signed by the proper person or customer and officers of the Council.
(Ord. 1976-3 §10)
A. 
At the time a written application is made for a new water service, the applicant shall pay to the City an amount sufficient to cover the cost of the installation in accordance with schedule established by the City. After such installation is made, the facilities shall be the property of the City, and the cost of installation shall not be refunded to the customer or owner of the premises served.
B. 
Each water service customer shall pay a deposit to secure the payment of water/utility bills, unless exempted under the provisions of subsection C of this section. The amount of the deposit shall be established by the City Council by resolution. After payment of all amounts due for water service, the deposit shall be refunded to the customer upon termination of service or upon the customer's qualification for an exemption from the deposit requirement.
C. 
Water service customers shall be exempt from the requirement to maintain a water bill deposit if:
1. 
The customer has maintained a water service account with the City for a continuous period of one year without any delinquencies in payment; or
2. 
The customer previously had a water service account with the City of Molalla for a period of at least one year, and there were no delinquencies in payment on that account.
D. 
Notwithstanding the provisions of this section, the City Manager may waive a customer's deposit requirement, extend the period during which a deposit is required, or reinstate a customer's deposit requirement for good cause.
(Ord. 2002-02 §6; Ord. 2018-03 §1)
All leakage occurring beyond the meter installation shall be at the expense of the user, and he or she shall be responsible for the proper maintenance and repair of the customer's lines, stop and waster valves, gate valves, pressure regulators, plumbing fixtures, etc., within his or her premises.
(Ord. 1976-3 §13)
The City shall not be liable for any damage or injury whatsoever for leakage or the running of water on the premises from the pipe lines, plumbing fixtures, open faucets, valves, fixtures and hoses beyond meters set at property lines.
(Ord. 1976-3 §14)
No person other than an employee of the City shall turn on or off any of the services or meters. Users desiring either discontinuance of service, a new service or restoration of service shall make arrangements therefor with the Council through the office of the City.
(Ord. 1976-3 §16)
A. 
Customers shall install, maintain and repair all piping between the meter and the premises served, and shall install same at a depth sufficient to protect from damage and freezing.
B. 
Customers shall be responsible for the cost of all water lost from leakage in a customer's lines.
(Ord. 1976-3 §17; Ord. 2002-02 §9)
As required by the Oregon Health Division pursuant to Oregon Administrative Rules 333-61-070, and in order to prevent any possibility of backflow contaminating the water system, it shall be the policy of the City of Molalla to require the installation of backflow prevention devices, and inspections of those devices, as set forth in this chapter. References herein to "this policy" shall refer to the provisions of Sections 13.04.271 through 13.04.277 of this code.
(Ord. 2002-02 §11)
The City shall maintain current records of backflow assemblies installed, inspections completed, and backflow assembly test results, and shall report such data as may be required by state law.
(Ord. 2002-02 §11)
A. 
After proper notice to the customer as required by this chapter, and until the violation has been corrected, the City shall discontinue water service to any premises under any of the following circumstances:
1. 
For failure to install an approved backflow prevention device;
2. 
For failure to conduct an annual test on the backflow device;
3. 
When City staff has reasonable cause to believe that an existing or potential cross connection is located on the user's premises, until an appropriate backflow prevention assembly is installed or until the cause of the hazard is eliminated;
4. 
For any other violation of Sections 13.04.271 through 13.04.277 of this code.
B. 
This section shall not in any way be construed to impair the City's ability to immediately discontinue water service in the event of imminent threat to the City's water system or other emergency situations.
(Ord. 2002-02 §11)
The City Public Works Director shall be notified whenever a water user or the owner of the premises obtaining water from the City treats the water in any way or adds any chemical or substance to the water.
(Ord. 2002-02 §11)
A. 
Backflow prevention assemblies shall be installed at the service connection to premises where an approved air gap does not exist and:
1. 
There is an auxiliary water supply which is, or can be, connected to the potable water piping; or
2. 
There is piping for conveying liquids other than potable water, and where that piping is under pressure and is installed in proximity to potable water piping; or
3. 
There is intricate plumbing which makes it impractical to ascertain whether or not cross connections exist; or
4. 
There is back siphonage potential; or
5. 
Cross connections or potential cross connection exist.
(Ord. 2002-02 §11)
A. 
New Assemblies. All backflow prevention assemblies required under this policy shall be of a type and model approved by the Oregon Health Division, and shall be installed in accordance with Oregon Administrative Rules 333-61-071 Sections (1) through (4), as now existing or later amended. Suitable pressurerelieve devices to prevent damage from thermal expansion shall be required in conjunction with the installation of all new backflow prevention assemblies.
B. 
Existing Assemblies. Backflow prevention assemblies installed before the adoption of the policy and which were approved by the Oregon Health Division at the time they were installed, but are not on the current list of approved assemblies, shall be permitted to remain in service provided they are properly maintained, are commensurate with the degree of hazard, are tested at least annually, and perform satisfactorily. When assemblies of this type are moved, or require more than minimum maintenance or are on services that are modified, changed size or remodeled, they shall be replaced by assemblies, which are on the Health Division list of approved assemblies.
C. 
Methods Required. The method of backflow prevention required under this policy shall at a minimum be commensurate with the degree of hazard which exists, and not less than the following:
1. 
When the substance which could backflow could be hazardous to health, an approved air gap of at least twice the inside diameter, but not less than one inch, of the incoming supply line measured vertically above the top rim of the vessel shall be installed, or an approved reduced pressure backflow (RPBA) assembly shall be installed.
2. 
When the substance, which could backflow, is objectionable but does not pose an unreasonable risk health, an approved double check valve assembly (DCVA) shall be installed. An approved double check valve assembly shall be the minimum protection for fire sprinkler systems using piping material that is not approved for potable water use and/or which does not provide for periodic flow through during each 24-hour period.
3. 
An approved pressure vacuum breaker assembly (PVBA) or an atmospheric vacuum breaker (AVB) shall be installed where the substance which could backflow is objectionable but does not pose an unreasonable risk to health and where there is no possibility of backpressure in the downstream piping. A shutoff valve may be installed on the line downstream of a pressure vacuum breaker but shall not be installed downstream of an atmospheric vacuum breaker.
(Ord. 2002-02 §11)
A. 
When Required. The water user or the owner of the premises where one or more reduced pressure assembly (RPBA), double check valve assembly (DCVA), or pressure vacuum breaker (PVBA) have been installed shall have the assemblies tested by a certified tester at least once per year. Assemblies installed at facilities, which pose an extreme health risk and assemblies, which repeatedly fail, shall be tested on a more frequent basis as determined by the City. Backflow assemblies which have been moved or which have been installed shall be tested before use.
B. 
Malfunctioning Assemblies. Backflow prevention assemblies found not to be functioning properly shall be promptly repaired by the owner or water user, and failure to do so may result in the denial or discontinuance of service as provided in this policy.
C. 
Test Procedures and Reports. Tests performed by certified testers shall be in conformance with procedures adopted under OAR 333-061-0070(10), as now existing or later amended. Reports on the tests shall be prepared by the certified tester and copies shall be provided to the City and to the water user or owner of the premises.
(Ord. 2002-02 §11)
A. 
Normal maintenance and repair of meter shall be carried on by the City at its expense. Should a customer wish to have his or her meter tested, the City will make such tests, but should the meter so tested be found accurate within four percent of true delivery, the customer requesting such testing shall pay the cost thereof; provided, however, that should such meter be found to under register in excess of four percent testing shall be at the cost of the City.
B. 
Charges made for meter testing shall be paid in advance, and the deposit required for the testing shall be set by the Council by resolution.
C. 
Wherever a meter has been found to over-register more than four percent, an adjustment in reasonable amount shall be made to the customer for past billings, but in no case shall adjustment exceed a period of one year.
(Ord. 1976-3 §20; Ord. 1991-3 §9)
The City from time to time must interrupt service for repairing mains, making extensions, repairing valves, pumps, and control devices, etc., and for cleaning, maintaining and reconditioning reservoirs and storage tanks. The City shall not be responsible for any damages caused by such interruptions of service or fluctuations in pressure, but shall, whenever feasible to do so, give customers advance notice whenever it is known that service is to be interrupted for any appreciable length of time, but failure to give such notice shall in no manner cause the City to become liable for loss or damage caused by service interruption.
(Ord. 1976-3 §21)
A. 
Insofar as it is reasonably possible, feasible and economical for the City to do so, it will furnish water at desirable service pressures. In locations in which service pressures are higher than needed or desired by users, customers shall install and maintain within their premises any pressure regulators required.
B. 
The City shall not be responsible for damages or difficulties experienced by reason of variations in pressure within the system.
(Ord. 1976-3 §22)
The City shall maintain and repair service piping between mains and meters at its expense. Water users shall be responsible for the maintenance and repair of service piping between meters and premises. Service lines shall be installed at such depth that pipes shall be protected from freezing and traffic. Owners and users shall take all reasonable precautions to protect service lines and meter installations from damage of any kind whatsoever.
(Ord. 1976-3 §23)
The City will maintain and replace mains within the distribution system at its expense, provided the original installation was made by the City or with materials furnished or approved by the City.
(Ord. 1976-3 §24)
The City as a whole shall pay for the cost of supply, pumping stations, storage facilities and primary mains for the general distribution of water within the city, but it shall not pay the cost of main extensions to service additional customers, properties, tracts or subdivisions. Such extensions, when requested, shall be paid for by the person or persons requesting such extensions, at actual cost plus 10% for overhead.
(Ord. 1976-3 §25)
The City shall determine the size and extent of mains and appurtenances required in accordance with the City of Molalla Standard Specifications for Public Works Construction and the water master plan. Any deviation from the prescribed procedures must be approved by the Director of Public Works before installation.
(Ord. 2019-13 §1)
Advance payment for extensions shall be made by the owner or owners of the property for which service is desired. After receipt of a written request for a main extension, the Director of Public Works shall prepare an estimate of cost and furnish the applicant with a copy thereof. The City shall not proceed with the work until payments have been made for the full amount of the proposed work including 10% for overhead. After completion of the work and tabulation of costs of the installation, any excess monies deposited prior to the work shall be refunded and any deficiency shall forthwith be paid to the City by the owner.
(Ord. 1976-3 §25)
The facilities after installation shall be the sole property of the City and shall be maintained and operated by the City's personnel exclusively, and all connections for services thereto shall be made in the manner elsewhere set forth in these regulations, and the charges made for service connections and meters shall be as therein set forth.
(Ord. 1976-3 §25)
The City may elect to install a larger main than charged for when extensions are made, and when it does so, it shall bear the additional cost of the pipe, fittings and other materials and equipment used. In no case will a person requesting an extension be expected to pay an amount greater than that which would be incurred by the installation of a six-inch pipeline and appurtenances unless the development to be served, such as a subdivision, commercial development, or industrial enterprise, is such as to require larger mains either for normal use, fire protection, or both. All such cases shall be considered separately, and the requirements for each such development shall be specified to the applicant for extensions or service.
(Ord. 1976-3 §25)
A. 
Whenever the City determines that a violation of any of the provisions of this chapter has occurred, the City Manager shall cause a written notice to be mailed to the customer, the owner of the property, and to such other persons as the City Manager may designate, stating the nature of the violation and a 14-day limit upon which the violation must be corrected. Any person who continues any violation beyond the time limit provided for in Section 13.04.460 shall be guilty of a violation and, on conviction thereof, shall be fined in the amount set by Council resolution or subject to fines established per code Section 1.04.010, general provisions for each violation. Each day in which any such violation continues shall be deemed a separate offense. Failure to comply with a written directive or timeline of the City Manager made under the authority of this chapter is a punishable offense and may result in a temporary loss of City water and sewer services.
B. 
If a violation to this chapter is likely to cause damage to the City water system or create a danger to public health, water service shall be cut off without formal written notice. The City shall not be responsible for any damage to private property resulting there from.
(Ord. 1976-3 §30; Ord. 2002-02 §17; Ord. 2018-03 §1)