Application shall be made to the public works department. Except for applications requesting temporary water service, application approval shall be conditional upon the payment of systems development charges.
(Ord. 186 § 1, 1996; Ordinance 321, Amended, September 12, 2013)
A. 
When water service is requested for a specific short-term duration, temporary water service may be obtained from the City consistent with this section. Water service for more than 120 days is not considered "short term" or "temporary."
B. 
Duration. A temporary water meter, including a meter box and fittings issued to the applicant, shall be promptly returned to the public works department upon completion of the project or at the end of 60 days, whichever comes first. Temporary water service shall be automatically extended for one additional 60 day period upon the applicant's payment of an additional temporary meter equipment charge described in subsection F, below, so long as the payment is received by the City prior to the expiration of the initial 60 day period. The City will not approve an application for temporary water service that would result in more than 120 days of water service for a single project.
C. 
Deposit and Responsibility for Equipment. The applicant shall submit a cash deposit to the City prior to issuance of a temporary meter. The amount of the deposit shall be equal to the replacement cost of the respective meter, meter box and all fittings required for providing said temporary water service connection. All equipment is to be returned to the City in the same condition as when issued, and the applicant shall be responsible for any damage, loss, or theft of equipment including payment for all repair or replacement costs. Upon return of the equipment, the payment of all outstanding charges including any equipment repair(s) or replacement costs shall be subtracted from the cash deposit and those funds remaining, if any, shall be released back to the applicant during the next check cycle of the City of Yachats.
D. 
Meter Location and Relocation. A temporary water meter shall only be used for the project described in the application. Upon approval by the public works director, a temporary meter may be relocated from one hydrant to another or one service location to another to serve the same project. A request for relocation must be made to the public works department at least 10 working days prior to the requested relocation date. Only City staff may remove and reconnect the equipment.
E. 
A temporary water service approval is non-transferable.
F. 
All fees and rates shall be set by City Council Resolution.
(Ordinance No. 321, Added Section, September 12, 2013)
A. 
Meters. No water shall be furnished to any property until after a meter has been installed.
B. 
Responsibility for Equipment. The customer shall keep in good and safe condition all equipment which may be required for receiving, controlling, applying and utilizing water. The City shall not be responsible for any loss or damage caused by the negligence, want of proper care or wrongful act of the customer or any of his or her tenants or agents, in maintaining, using, operating or interfering with any equipment. The City shall not be responsible for any loss or damage caused by the improper installation of any water equipment on the customer's side of the meter,
C. 
Responsibility for Connection Costs. All expenses of whatever type and nature incurred in connecting, or reconnecting, to the City water system shall be borne solely by the property owner. Charges for connection of new services and changes in existing services shall be paid by the applicant on a time and materials basis as determined by the Director of public works. If charges for the connection are not paid within 30 days, they shall be added to the account balance. Delinquent connection charges shall accrue on that account at the same rate as for delinquent service charges and the service may be subject to termination for nonpayment.
D. 
Removal of Meter.
1. 
No property supplied with water from the City water system shall have the water meter re-moved nor be allowed to stop paying the minimum monthly water charges unless the structure has been re-moved and the property restored to its original condition. Subsequent reconnection expenses are to be paid by the property owner, including system development charges.
2. 
Upon written request by the property owner, in the event of an extreme hardship the public works and streets commission may review and recommend to City Council that a water meter be removed without removing the structure and restoring the property to its original condition. If the written request is approved ultimately by the City Council the water meter may be removed by the City, and the minimum monthly water charges discontinued. Subsequent reconnection expenses are to be paid by the property owner, including system development charges.
E. 
Extensions. Water mains may be extended inside the City limits with the consent of the City and shall be constructed in accordance with State Health Division Regulations and the City's standards and specifications, subject to inspection by the City, with all necessary easements, rights-of-way and permits, as required, obtained in the City's name prior to construction. After completion, and if accepted by the City, the water main, free of all liens and encumbrances, shall be transferred, along with all necessary easements, rights-of-way and permits, to the City. The City will then own, operate and maintain the water main.
(Ord. 186 § 2, 1996; Ord. 204 § 1, 2, 1998; Ord. 313 March 2012)
A. 
Imposed. The City Council shall have authority to establish by resolution all rates, fees, penalties and other charges for service, maintenance, operation and replacement of the water system. The charges authorized by this section shall be reviewed annually and specified or amended as necessary.
B. 
How Determined.
1. 
Customers Inside City. For the purpose of fixing rates and charges for the furnishing of water and water service by the City, each user within the corporate limits of the City shall be charged an amount which represents an equitable distribution of charges for all customers.
2. 
Customers Outside City. In order to equalize costs absorbed by the City users through property taxes, the water charges for users outside the corporate limits of the City shall be calculated at a higher rate than for users within the corporate limits of the City.
(Ord. 186 § 3, 1996)
A. 
Meter Reading and Billing. Water meters shall be read at regular intervals for the preparation of water bills and as required for the preparation of opening, closing and special bills. Bills for water service will be sent monthly. All bills are due and payable within 15 days after the billing date. Billings for the base rate charged for water shall start and be prorated from the day the City water connection and meter installation is completed for a new service. When ownership is transferred for an established service, the billing for the base rate shall be prorated based on the date of transfer.
B. 
Delinquent Bills. A bill becomes delinquent on the thirtieth (30) day after the billing date. A reminder of the delinquency and a written notice of intent to terminate water service will be mailed with the next current billing. If payment has not been received within 10 days after the notice to terminate, the City has the authority and the respective departments are authorized to discontinue water service without further notice to the property owner and/or user.
C. 
Reconnection Fee.
1. 
A reconnection fee shall be charged by the City and collected before service is restored where the service has been discontinued for a delinquent account.
2. 
Double the reconnection fee mentioned in subsection (C)(1) of this section, shall be charged and collected for restoring service if the City staff subsequently removes the water meter following an unauthorized turn-on of service by the delinquent account holder.
3. 
The above charges shall be doubled if, pursuant to request, the service is restored after regular working hours.
D. 
Hardship. The City Recorder, in extreme cases of hardship, shall have the discretion of renewing service to a delinquent account upon receipt of a plan for payment in installments of the amount of the delinquency. Interest shall be charged for all delinquent fees and charges from the due dates until payment is made in full. Failure to make payment in installments as set forth in the plan shall result in termination of service.
E. 
Responsibility for Charges.
1. 
All charges will be the responsibility of the owner and therefore all service accounts shall be carried in the name of the property owner. Bills may be mailed to a property manager or agent.
2. 
The City may file a lien against the property for any unpaid charges. The property owner shall be responsible for the cost of recording the lien and any release of lien.
(Ord. 223, Amended, 05/16/2001; Ord. 255, Amended, 07/15/2005; Ord. 265, Amended, 12/18/2006; Ord. 313 March 2012)
A. 
Providing Service. The City is not required to construct or provide service to water mains for uses outside the City limits, except where required to do so by written agreement.
B. 
Discontinuation of Service and Guarantee of Supply. All water delivered outside the City limits shall be considered as a special service and not provided by the City as a common utility service. The quantity of water supplied by this service may be reduced or the service entirely discontinued at any time at the discretion of the City and for any reason. The City shall have no liability in any way to customers for failure to provide service or for any failure of the system.
C. 
Rates. Water users outside the City limits shall be required to pay all charges plus an additional 50%.
(Ord. 186 § 6, 1996)
A. 
Use by Applicant Only. No person supplied with water from the City water system shall be entitled to use it for any other purpose than that stated on his or her application or to supply water to any other property than that specified in the application.
B. 
Additional Applications. Should the owner of the premises, or applicant, desire to use water for purposes not stated in the original application, a new application must be made and a permit obtained. An applicant shall be responsible for all water used until such applicant requests that water be shut off or a new application has been made and filed for the same premises.
(Ord. 186 § 7, 1996)
A. 
Domestic Water User. A domestic water user is one to whom water is furnished for residential purposes including single-family, two-family (duplex), multifamily dwellings, including condominiums, townhouses and apartments, and residential care facilities, but not including hotels, motels or bed and breakfast facilities.
B. 
Commercial Water User. A commercial water user is one to whom water is furnished for retail or wholesale business purposes, including, but not limited to, hotels, motels, bed and breakfast facilities, retail stores, service establishments, professional and other offices, financial institutions, restaurants, schools and other similar establishments.
Commercial buildings and mixed use buildings with multiple units or owners on the same premises may be served at the option of the City by either of the following methods:
1. 
Through separate service connections to each or any unit, provided that the pipe line system from each service is independent of the others, and is not interconnected; or
2. 
Through a single service connection to the entire premises on which one minimum charge will be applied per unit, provided the building is under a single control or management. The responsibility for payment of charges for all water furnished to combined units supplied through a single service connection must be assumed by the applicant.
C. 
Certain domestic water users; i.e., multifamily dwellings, including condominiums, town-houses and apartments, and residential care facilities with combined living on the same premises under a single control or management may be served at the option of the City by either of the following methods:
1. 
Through separate service connections to each or any unit, provided that the pipe line system from each service is independent of the others, and is not interconnected; or
2. 
Through a single service connection to the entire premises on which one minimum charge will be applied per unit. The responsibility for payment of charges for all water furnished to combined units supplied through a single service connection must be assumed by the applicant.
D. 
Multiple Buildings on Same Property. Where two or more existing single-family dwellings on the same property under the same ownership are currently served through a single meter, such use may continue; however, if the nonconforming meter connection is disconnected at any time it shall not again be connected until it has been brought into conformity with this chapter and approved by the Director of public works. A nonconforming meter connection shall not be permitted in any manner except those services existing at the time of passage of the ordinance which is codified in this chapter.
E. 
Division of Property. In the event that a water user's property is divided and someone other than the applicant acquires an interest, either as contract purchaser or as legal owner, in a portion of the property, the water user shall not continue to serve such portion of the property with water. Such portion of the property must have a separate connection and service pipe separate from the existing service. It is the obligation of the new water applicant, or the new owner, to make application for water service and to provide the service pipe for the new connection. System development charges shall be paid before the new connection is made. Failure to install a new connection as above required shall result in termination of water service even if the water bill is not delinquent.
F. 
Separate Ownership/Separate Service. A separate service shall be required to each lot of separate ownership, and in no event shall one service serve properties on separate lots under separate ownership except as provided in subsection (C).
G. 
Public Agencies. Notwithstanding anything to the contrary in this chapter, the terms and conditions for service to public agencies, together with rates charged, shall be set by agreement between the City and the public agency, as permitted by Oregon or other law.
(Ord. 186 § 8, 1996; Ord. 273, Amended, 06/19/2007)
A. 
Ownership. The service connection, whether located on public or private property, is the property of the City and the City reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.
B. 
Leaking Services. Where there is a leak between the main and the meter, the City shall make all repairs free of charge. When a service pipe is damaged or destroyed by contractors or others, the person, contractor or company responsible for such damage or destruction shall pay the City for the cost of repairing or replacing such pipes. The property owner shall be responsible for all the maintenance and repair and the costs associated therewith of the service line on the property owner's side of the meter.
C. 
Shut-Off Notice. Notice before shutting off water will be given, if possible; but, in an emergency, the water may be, at any time, shut off from the mains without notice, for repairs or other necessary purpose, and the City shall not be responsible for any resulting damages.
D. 
Access to Premises for Inspection. Agents of the City shall have reasonable access at proper hours of the day to inspect all parts of the premises in which water is being furnished from the City's mains, for the purpose of inspecting the condition of the pipes, fixtures and meters, and the manner in which the water is used.
E. 
Meter Inspection. When any water consumer shall make a complaint that the water bill for any particular period is excessive, the City shall, upon request of the consumer, have such meter re-read and inspected for leaks. Should such consumer desire that the meter be tested or changed, the test or change shall be made by the Public Works Director and the cost of the test or change shall be charged to the account of the consumer. However, should the test of the meter show a registration in excess of 3% in favor of the City, the amount charged for such test shall be canceled or credited as the case may be and the account adjusted accordingly. Where no such error is found, the charge for such test shall be retained to cover the expense of the test or change.
F. 
Meter Relocation or Alteration. When any property owner or his or her agent being served by the City shall request a relocation or alteration of the service or meter location, either vertically or horizontally, a determination of advisability of such relocation or alteration shall be made by the Public Works Director. The decision of the Public Works Director shall prevail, subject to the order of the City Council. In no event shall the meter or service be relocated onto private property beyond the property line, except by order of the Council. The cost of a relocation or alteration shall be charged to the account of the owner or agent. However, should a service or meter relocation or alteration be deemed beneficial to the City by the Public Works Director, such relocation or alteration may be done by the City whether desired by the property owner or not, and such relocation or alteration shall be at the expense of the City.
G. 
Damaged Meters. Whenever a city-owned meter is damaged by hot water or by carelessness or negligence of the owner or occupant of the premises, the City shall repair the damage and charge the amount to the owner or occupant for costs of repairs and replacements.
H. 
Broken Meters. Whenever a water meter is found by the meter reader to be inoperative, an amount equal to the average meter reading of the three preceding months shall be billed to the water user for that month.
(Ord. 186 § 9, 1996)
In the event a water shortage should occur, and it becomes necessary for water to be conserved, or water use restricted, the water conservation plan adopted by City Council will be implemented. Refer to the Yachats Municipal Code Chapter 8.22.
(Ord. 186 § 10, 1996; Ord. 313 March 2012)
Owners of premises desiring to use both city water and a supply of water other than that furnished by the City, may obtain water from the City upon the condition that there be no violation of any Oregon State Law or Oregon Administrative Rule pertaining to drinking water, and not otherwise.
(Ord. 186 § 11, 1996; Ord. 313 March 2012)
A. 
Should the water to any premises served by the City system be turned on by any user or other person without authority from the City, the water may be shut off at the main, or the meter removed.
B. 
It is unlawful for any person or agency without authority of the City to remove, damage, open, close or in any way tamper with any water pipe, water main, shut-off, valve or hydrant which is a part of the City system. The fire department is exempt from this provision in the case of an emergency.
(Ord. 186 § 12, 1996)
The installation of a state-approved testable backflow device and booster pump shall be required when the City water system is unable to supply a minimum pressure of 20 PSI at the water meter. The booster pump and back-flow device shall be installed at the time of construction and connection to the water system. This back-flow device shall be tested annually. The cost to install, maintain, test and replace the device shall be an expense of the property owner.
(Ord. 186 § 13, 1996)
All residential and commercial connections to the City's water system shall have a hand valve installed on the property owner's side of the meter. The valve must be installed inside the meter box or within 24 inches of the meter to enable city staff to turn off the water without going on to the property. The Director of public works may determine it is not practical to install a hand valve and may exempt a meter from the required installation. The turn on/off fee shall be waived if a customer requests their water be turned on/off so that a hand valve can be installed, repaired or replaced.
(Ord. 186 § 14, 1996; Ord. 313 March 2012)
A. 
Any person violating any provisions of this chapter shall be sanctioned under the provisions of Chapter 1.12. Any violation shall be classified as a Class A infraction. Each day that any person violates any provisions of this chapter shall be deemed a separate offense.
B. 
The City may, as an alternative to other remedies that are legally available, institute an injunctive, abatement or other appropriate proceeding to enjoin temporarily or permanently, prevent, abate or remove any violation.
(Ord. 186 § 15, 1996)