This chapter shall be known as "Rules and Regulations for the
Operation of the Water Department of the City of Yamhill" and may
be so cited and pleaded.
(Ord. 348 §1.1, 1984; Ord. 427 §1, 1997)
The Water Department and all customers receiving water service
from the Water Department, whether inside or outside the City limits,
are bound by these Rules and Regulations for the Operation of the
Water Department of the City of Yamhill.
(Ord. 348 §1.2, 1984; Ord. 381 §1.2, 1986; Ord. 427 §1, 1997)
"Applicant"
means the person or persons, firm or corporation, making
application for water service from the Water Department under the
terms of these Rules and Regulations.
"City"
means the legally constituted municipal government of the
City of Yamhill.
"City Council"
means the legally elected or appointed group of members composing
the governing body of the City of Yamhill.
"Customer"
means an individual, corporation, association or other entity
who receives water service from the Water Department and/or City of
Yamhill.
"Rules and regulations"
means the Rules and Regulations for the Operation of the
Water Department of the City of Yamhill.
"Superintendent"
means the individual, corporation or entity appointed, contracted
or hired by the City Council of the City of Yamhill to manage the
affairs of the City Water Department.
(Ord. 348 §2.2, 1984; Ord. 381 §2.20, 1986; Ord. 427 §1, 1997)
The area served by the Water Department shall be that area included
within the corporate limits of the City of Yamhill, and such other
contiguous or neighboring territory as the City Council shall, from
time to time, determine to serve.
(Ord. 348 §3.0, 1984; Ord. 427 §1, 1997)
The water rates to be charged, including minimum charges, charges
for water used over the specified minimum, standby fire protection,
service connection charges, system improvements, and system development
charges shall be published in a separate water rate schedule. The
water rate schedule approved by the City Council shall become a part
of this section of these Rules and Regulations. The water rates schedule
may be revised at any time without invalidating the remainder of these
Rules and Regulations. All water used, with the exception of that
used for fighting fires, shall be metered and a charge made according
to the schedule of water rates. Revisions may be made by resolution.
(Ord. 348 §9.0, 1984; Ord. 427 §1, 1997)
Notices from the Water Department to the customer will normally
be given in writing and either mailed or delivered to him/her at his/her
last known address. Where conditions warrant, and in emergencies,
the Water Department may notify by telephone or messenger.
(Ord. 348 §10.1, 1984; Ord. 427 §1, 1997)
Notices from customers to the Water Department may be given
by the customer or his/her authorized representative orally or in
writing at the office of the Water Department, or to an agent of the
Water Department duly authorized to receive notices or complaints.
(Ord. 348 §10.2, 1984; Ord. 427 §1, 1997)
(A) When
an abnormally large quantity of water is desired for filling a swimming
pool, log pond, or for other purposes, arrangements must be made with
the Water Department prior to taking such water.
(B) Permission
to take water in unusual quantities will be given only if the Water
Department facilities and other consumers are not inconvenienced.
(Ord. 348 §15.0, 1984; Ord. 427 §1, 1997)
The duly appointed employees of the Water Department, under
the direction of the Superintendent, shall have free access at all
reasonable hours of the day to any and all parts of structures and
premises in which water is or may be delivered for the purpose of
inspecting connections, the conditions of conduits and fixtures, and
the manner and extent in which the water is being used. The Water
Department does not, however, assume the duty of inspecting the customer's
line, plumbing, and equipment, and shall not be responsible therefor.
(Ord. 348 §16.0, 1984; Ord. 427 §1, 1997)
No person or person other than those designated and authorized
by the Water Department shall operate, adjust or in any manner tamper
with any part of the water system of the City of Yamhill. Violators
will be subject to penalties stated in these Rules and Regulations.
(Ord. 348 §19.0, 1984; Ord. 427 §1, 1997)
(A) Any violation or infraction of Yamhill Municipal Code Chapters
3.04 through
3.44 will be punishable upon conviction as a violation in accordance with Chapter
1.36 of this code.
(B) The
penalties imposed by this chapter are not exclusive and are in addition
to any other remedies available under City ordinance or state statute.
(Ord. 348 §20.0, 1984; Ord. 381 §8.0, 1986; Ord. 427 §1, 1997; Ord. 445 §6, 1998)
The City Council shall have the power to establish water rates
and charges and amend these Rules and Regulations as may be necessary
for the efficient operation of the Water Department.
(Ord. 348 §21.1, 1984; Ord. 381 §9.0, 1986; Ord. 427 §1, 1997)
No employee of the Water Department is authorized to suspend
or alter any of the Rules and Regulations cited herein without specific
approval or direction of the City Council, except in cases of emergency
involving loss of life or property or which would place the water
system operation in jeopardy.
(Ord. 348 §21.2, 1984; Ord. 427 §1, 1997)
This chapter shall not be construed to hold the Superintendent
or the City responsible for any damages to persons or property by
reason of any of the Superintendent's inspections or testing herein,
or for the failure to inspect or test, nor for damages to persons
or property arising due to the discontinuance of public water service
to customers whose service is disconnected due to such customer's
failure to comply with any provisions contained in this chapter.
(Ord. 381 §6.0, 1986; Ord. 427 §1, 1997)
Any actions of the Superintendent in the enforcement of this
chapter shall be based on sound water safety criteria as provided
in this chapter or by State law.
(Ord. 381 §7.0, 1986; Ord. 427 §1, 1997)
If any clause, sentence, paragraph, section, chapter, or portion
of this chapter for any reason shall be adjudged invalid by a court
of competent jurisdiction, such judgment shall not affect, impair,
or invalidate the remainder of this chapter, but shall be confined
in its operation to the clause, sentence, paragraph, section, chapter,
or portion of this chapter, directly involved in the controversy in
which the judgment is rendered.
(Ord. 348 §22.0, 1984; Ord. 381 §9.0, 1986; Ord. 427 §1, 1997)