The following definitions shall apply for terminology used in this chapter:
"City"
means the City of Milwaukie and its employee representatives.
"City service"
means that section of line running from the City main to the water meter serving the given parcel of land.
"Consumer"
means any person, firm, or corporation using City water for any purpose whatsoever.
"Director"
means the Public Works Director of the City of Milwaukie or duly authorized representative(s).
"Permanent water service"
means a permanent connection of the City service to the private service through a permanent meter.
"Private service"
means the waterline extending from the water meter to the building(s) or other point(s) of delivery to be served by a given service.
(Ord. 1418 § 1, 1978; Ord. 1472 § 1, 1980)
Applications for permanent water services must be made on forms furnished by the City along with detailed drawings which have been approved by the Director. Such engineering drawings shall show the size and location of the existing City water main, the existing or proposed City service, meter location and size, private service and size, volume of water or fixture units to be served by City service, and general details of materials and installation.
(Ord. 1418 § 2, 1978; Ord. 1472 § 2, 1980)
No consumer supplied with water from the municipal water system will be entitled to use it for any purpose other than stated in his or her application or to supply in any way to other persons, families, commercial, or industrial consumers. Should any consumer wish to use the water for a purpose or purposes not stated in his or her original application, a new application for such use must be made to the City.
(Ord. 1418 § 2.1, 1978)
Applications for continuation of existing water services must be made on forms furnished by the City where the form will be completed by City employees. The applicant must further agree to conform to the rules and regulations established for the municipal water system.
(Ord. 1418 § 2.2, 1978)
A. 
Whenever an application has been accepted by the Director, the Director shall, with reasonable diligence, install the meter and/or City service. The City shall make a charge for connections as determined by resolution of the City Council. Applicant is required to install private service and make proper connection to City meter.
B. 
For conversion of temporary service to permanent service, see Section 13.04.060 of this chapter.
(Ord. 1418 §§ 2.3—2.4, 1978; Ord. 1496 § 1, 1981; Ord. 1971 § 1, 2007)
A. 
Water for construction and other temporary purposes will be supplied upon the written application of the owner, lessee or agent, or the contractor. Such temporary service shall be metered. Water rates will be charged in accordance with rates established by the City Council. A temporary service can be either a permanent water service (Section 13.04.020) or a flow meter supplied by the City and attached to a fire hydrant.
B. 
A fee as determined by resolution of the City Council will be required with the application. Upon request for removal or meeting requirements of subsection E, the fee will be refunded to the applicant as set forth by resolution of the City Council. The permit for a temporary meter and service will be for a period of 90 days from the date of application. The permit can be extended by the City with written request from the applicant and approval of the City.
C. 
Where water is allowed to be taken for the building, construction, or any other purpose, the applicant will be liable for the charges, and water may be shut off from the premises until the payment is received.
D. 
If no City water service is available, the owner or agent may apply to the City for a temporary service from the nearest City main for the purpose of providing building or construction water. Such service may not be used as a permanent service for the premises supplied unless so approved in writing by the Director.
E. 
The temporary meter and water service is for building or construction only. If the temporary meter and water service is converted to the permanent meter and water service by any person other than authorized City Public Works Department personnel, the applicant will forfeit the deposit required in subsection B of this section and can be subject to cancellation of business license and penalties as described in Section 13.04.180.
(Ord. 1418 § 3, 1978; Ord. 1496 § 2, 1981; Ord. 1625 § 1, 1987)
A. 
Any person, firm, or corporation seeking water service must establish and provide, at his or her or its own expense, an absolute water shutoff or cutoff between the meter serving the premises and the first outlet on the premises served before the water may be turned on to the premises. Such shutoff or cutoff must thereafter be kept in workable condition.
B. 
It is unlawful for any person, firm or corporation to touch, tamper with, operate, or otherwise molest any City water shutoff, cutoff, or turnoff without prior authorization granted by the City Council.
C. 
(Repealed by Ord. 1963)
(Ord. 450, 1944; Ord. 1963 § 1, 2006)
A. 
If a meter fails to register accurately, the charge shall be computed based upon the quantities used when the meter was in order. The quantities shall be average of the comparable period for the preceding two years. If this method is not feasible, the Director shall authorize an adjustment based upon the most reliable measure available.
B. 
When a consumer shall make a complaint that the bill for water for any particular month is excessive, the City shall, upon request, have such meter reread and the service inspected for leaks. When there is a leak in the service system, the Director shall make a determination by field investigation as to whether the leak is in the City or private service. If the leak is found to be in the private service, notice of such leakage will be left on the premises, and the owner, tenant, occupant, or their agent shall assume responsibility for repairing the leak as well as for all damages and costs of lost water which may result.
C. 
Should such consumer desire that the meter be tested for proper calibration, the consumer will be required to make a deposit to be determined and set by the City to cover the cost of making such tests. The deposits will be established based upon an estimate of labor and material costs required to make the test. The meter will then be tested by the City.
D. 
If the meter should indicate an error of over 5% in favor of the City, the amount of deposit will be refunded to the consumer and the meter will be changed and the bill adjusted accordingly. If the test of the meter should show an accurate measure of the water as described in this chapter or should show an error of 5% in favor of the consumer, an amount will be retained by the City to cover the actual costs of such tests.
E. 
If for any other reason, the consumer desires to have a meter removed and/or replaced, a fee as determined and set by resolution of the City Council shall be charged for the removal of the meter and an additional fee set by resolution of the City Council shall be charged for replacing of same.
(Ord. 1418 § 4, 1978)
A. 
Whenever any water customer wishes to have their water discontinued for any length of time or to have their private pipes detached from City service pipes or City mains, the customer shall apply in writing to the Public Works Director.
B. 
Upon approval by the Director and the deposit of estimated cost of labor and materials plus a fixed overhead established by City Council is deposited with the City, the Director shall, with reasonable diligence, make the changes as approved.
C. 
At such time as the changes are made as requested by the customer, the Director shall compile the actual costs involved in the change and, if the deposit is more than the actual cost, make a refund to the customer and, if the actual costs are more than the estimate, cause a bill to be made to the customer for same. The service will not be turned on until such overages are received by the City.
(Ord. 1418 § 5, 1978; Ord. 1708 § 1, 1991)
A. 
Charges for water supplied by the municipal water system to any consumer shall be charged for and billed to each such consumer in accordance with rates established by the City Council. Prior to the establishment of water rates by the City Council, the Milwaukie Citizens Utility Rate Committee shall prepare and deliver a report and recommendation on water rates to the City Council. The Committee shall prepare and deliver its recommendation to Council on an annual basis, according to the rules established by Council. Sewer service fees as established by the City shall be added to and made a part of the billings for water service.
B. 
The consumer shall be responsible for all water consumption, except as explained in Section 13.04.080. The City may require deposits prior to providing water service or in lieu of a deposit, obtain a signed agreement from the property owner, whether the customer or not, that they will be ultimately liable for the charges and that the City may use a lien as one method to secure payment if the charges are not paid. However, the City may not require a property owner to sign such an agreement.
C. 
Billings May be Prorated
The proration shall be a daily rate determined by dividing the annual minimum billing by 365 days times the number of days of occupancy from last meter reading and/or billing date.
D. 
The Finance Director, or designee, is authorized to provide for the establishment of a special water sinking fund within the water fund budget, to provide revenue for emergency repair and maintenance costs in addition to other budgeted water revenues.
E. 
In the event the City requests a supplemental budget expenditure for the water fund, the City Council shall hold a public hearing and provide sufficient evidence to justify the necessity for a supplemental water budget.
(Ord. 1418 § 6, 1978; Ord. 1655 § 1, 1989; Ord. 1682 §§ 1 (a), 2, 3, 1990; Ord. 1708 § 2, 1991)
A. 
The City shall prepare and mail billings for water service on the last business day of each month. Payment is due by the 15th of the month following the billing date. An account is delinquent if the City does not receive full payment by 5:00 p.m. on the last business day of the month immediately following the billing date.
B. 
The City shall send a past due notice to all water customers who have not paid in full within one month of billing. The past due notice shall be sent on the first business day after the account becomes delinquent. The past due notice shall state the overdue amount and shall state the amount of delinquent fees. The past due notice shall also provide a deadline for payment. The deadline for payment shall be the Monday before the third Thursday of the month in which the past due notice is sent.
C. 
If payment has not been received by the date specified in the past due notice, the City shall on the following day provide notice of water service termination to the consumer by providing written notice left at the property where the service is provided. The written notice shall state that water service will be discontinued unless full payment is made by 5:00 p.m. on the next day. If full payment, including delinquent fees, is not made as required in the notice, the City shall shut off water service on the third Thursday of the month in which the past due notice was sent.
D. 
The City Council may by resolution establish one or more delinquent fees to be charged on past due accounts.
(Ord. 1418 § 6.1, 1978; Ord. 1655 § 2, 1989; Ord. 1662 § 1, 1989; Ord. 1895 § 1, 2001)
A. 
On failure to comply with the provisions of this chapter, as conditioned to the use of water, or to pay the water billing charges in the time or manner provided, the water service will be discontinued until payment is made of the amount due plus restoration fee or until the provisions are complied with.
B. 
When the water service has been discontinued pursuant to this chapter and thereafter turned on again at the request of the consumer, a restoration fee shall be charged. The amount of the restoration fee shall be set by City Council resolution.
C. 
If the water service has been shut off by City crews and should be turned on by any person other than an employee of the City, the water may again be shut off and sealed by the City. A second restoration fee shall be required to be paid prior to removal of the seal and resumption of the service.
D. 
If the seal is removed by any person other than an employee of the City, the water may be shut off at the main line at the direction of the City and not turned on again until the arrears, cost of repairing the street and all other fees have been paid.
(Ord. 1418 §§ 6.2—6.4, 1978; Ord. 1655 § 3, 1989; Ord. 1895 § 2, 2001)
If the property owner elects pursuant to Subsection 13.04.100.B or 13.12.070.C.5 to authorize the use of a lien on real property to secure user charge payment in lieu of a security deposit, all water charges and monthly sewer service fees shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the City pertaining to its municipal water system, and such ledger record or other record shall be made accessible for inspection by anyone interested in ascertaining the amount of such charges against the property. Whenever a bill for water service and/or monthly sewer service fees remains unpaid 60 days after it has been rendered, the lien thereby created may be foreclosed in the manner provided for by ORS 223.610 or in any other manner provided by law or City ordinance.
(Ord. 1418 § 6.5, 1978; Ord. 1708 § 3, 1991)
A. 
All water meters, together with all materials used to connect the same with the water mains of the municipal water system, shall remain the property of the City. No person will be allowed to make connections to, to make alterations in, or to tamper with the City water system or private services without written permission of the Director.
B. 
All City and private service pipes will be of a material and quality approved by the Director. The installation of the service pipes shall be in a method approved by the Director.
C. 
Private service pipes must be kept in repair and protected from freezing and waste by the consumer. Where water waste is found, the water service to the premises may be shut off.
D. 
The service pipe must be so arranged that the supply to each separate house or premises may be controlled by a separate meter. For purposes of this chapter, the location of the premises supplied with water shall determine the location of the consumer.
E. 
Pipes to be used only in case of fire will be allowed in buildings on the following conditions: The fire protection pipes must be entirely separated by an approved backflow prevention device from those used for any other purpose. The City may require an approved compound meter to be furnished, installed and maintained by the consumer. The connection with the main will be made by the City and the charge for installation shall be established by the City Council.
(Ord. 1418 §§ 7, 7.1—7.4, 1978)
The water may at any time be shut off from the mains, following notice to the owner, tenant, occupant, or their agent for repairs or other necessary purposes, and the City will not be responsible for any consequent damage.
(Ord. 1418 § 7.5, 1978)
Employees of the City shall be provided access during regular business hours to all parts of the buildings and premises in which water may be delivered from the City mains, for the purpose of inspecting the condition of the pipes and fixtures and the manner in which the water is used. Should there be no one available on the premises, notice will be provided to the owner, tenant, occupant, or their agent that arrangements must be made to allow the inspection.
(Ord. 1418 § 7.6, 1978)
The provisions of this chapter must be strictly complied with in every instance, and water must be paid for by all premises supplied, according to the rates established by the City Council. Exceptions to these provisions shall be made only upon the written authorization of the Director, Finance Director, or City Manager.
(Ord. 1418 § 8, 1978)
Any person, firm or corporation violating any provisions of this chapter shall be fined not less than $25 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. 1418 § 9, 1978)