[Ord. No. 2057, 6-29-1992]
No customer shall cause or permit water to run or be discharged through the fixtures, pipes or faucets on the customer’s premises in excess of the quantity necessary for domestic, irrigation or other permitted purposes under this Code. This provision shall not be construed to prohibit customers from letting the water run during freezing weather to avoid damage to the City’s or customer’s system.
[Ord. No. 2057, 6-29-1992]
No person shall willfully or maliciously damage or in any manner interfere with or remove any of the pipes, valves, back flow prevention devices, meters, lock seals, STEP systems, surface water management systems or other property belonging to the City or used in connection with the City utility system. Any person violating this section shall be charged for all costs associated with repairing any such damage or interference, plus any penalty. This charge may be added to the utility bill. Failure to pay such repair charges shall be a basis for discontinuance of service pursuant to LOC § 38.16.170(1).
[Ord. No. 2057, 6-29-1992]
No unauthorized person shall tamper with, alter, or damage any part of the City utility system, reservoir system, STEP System pumping station, surface water management system or metering facilities or open or close any fire hydrant or service line. No person shall alter the utility service in a manner which would allow service to more than one household without applying for service and complying with this Code. The Council may establish a tampering fine by resolution for violation of this provision. This fine may be included in the utility bill. Failure to pay that fine can result in discontinuance of service.
[Ord. No. 2057, 6-29-1992; Amended, 11-19-2024 by Ord. No. 2948]
1. 
No person shall attach or maintain an existing attachment of a stormwater system, surface water drainage or storm drain to the City’s wastewater system. The City may condition approval of development, building or occupancy permits or business licenses on removal of the connection.
2. 
No person shall attach or maintain an existing attachment of a sanitary sewer or wastewater pipe or drainage to the City’s surface water management system. The City may condition approval of development, building or occupancy permits or business licenses on removal of the connection.
[Ord. No. 2057, 6-29-1992; Ord. No. 2419, Amended, 4-5-2005; Ord. No. 2695, Amended, 2-16-2016; Amended, 11-19-2024 by Ord. No. 2948]
1. 
No person shall discharge, place, deposit, dump or otherwise contribute a solid or liquid material into the public stormwater system, either directly or indirectly, which may obstruct flow or otherwise interfere with the operation or function of the public stormwater system. This shall include, but is not limited to, placing of rock or soil without an approved fill permit, or the dumping of debris, rubbish, trash or other waste material.
2. 
A violation of this section is punishable by a fine of not more than $5,000. Violation of this section a second or subsequent time within a 24-month period is punishable by a fine of not less than $1,500 and not more than $5,000.
3. 
Each day of a continued violation constitutes a separate violation. For calculation purposes, a day starts at 00:00 am and ends at 11:59 pm.
[Ord. No. 2057, 6-29-1992; Ord. No. 2231, Amended, 3-21-2000]
In addition to the other penalties provided by this Code and state law, a violation of any requirement of the Utility Code shall be a civil violation pursuant to LOC § 13.02.020.
[Added, 11-19-2024 by Ord. No. 2948]
1. 
Notice of Violation. If the City Manager determines that an applicant, other responsible party, or other person has failed to comply with this Chapter, the City Manager shall issue a written notice of violation. The notice of violation shall be served on the owner or the person in charge of the activity being conducted on the site.
2. 
The notice of violation shall include;
a. 
The name and address of the applicant, responsible person, and any other person alleged to have committed the violation;
b. 
The address or other description of the site where the violation occurred;
c. 
A statement specifying the nature of the violation;
d. 
A description of necessary remedial measures, if applicable, and the correction deadline;
e. 
A statement of the penalties that may be assessed; and
f. 
A statement of other enforcement action(s) and penalties that may occur as a result of continued non-compliance.
3. 
Enforcement Actions. The following enforcement actions may be used to enforce compliance in addition to, or instead of, penalties set forth in LOC §§ 38.26.930 and 38.26.935:
a. 
Stop Work Order. The City Manager may issue a stop work for any violation of this Chapter that relates to the work of a project. The Building Official may issue a stop work order for any violation of this Chapter from the work authorized under a building permit. The stop work order shall be issued in the manner provided in the Building Code. The stop work order shall remain in effect until the remedial measures set forth in the Notice of Violation have been completed or the violations have been otherwise cured.
b. 
Withhold Certificate of Occupancy. The Building Official may withhold issuance of a certificate of occupancy for any building or other improvements constructed on the site until the remedial measures set forth in the Notice of Violation have been completed or the violations have been otherwise cured.
c. 
Suspension, Revocation, or Modification of Permit. The City Manager may suspend a permit authorizing a land development project. A suspended permit may be reinstated after the remedial measures set forth in the Notice of Violation have been completed or the violations have been otherwise cured.
d. 
The City Engineer may refuse access to, and use of, the public system for violations.
4. 
Failure to Complete Remedial Measures. In the event the applicant, responsible party, or other person fails to take the remedial measures set forth in the notice of violation, the City Manager may:
a. 
Issue a citation for each day the violation remains unremedied after receipt of the notice of violation, pursuant to LOC 13.02.020.
b. 
Abate a violation that has been declared to be a public nuisance in the manner provided by LOC Art. 34.08.
c. 
The City Manager may undertake collection against the responsible party personally, and may also undertake foreclosure of the lien in the manner provided by Oregon law for foreclosure of mortgages.
5. 
Evidence of Violation. Proof of a violation of this article shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the violation originated. Prosecution, or lack thereof, of the owner of the property, the occupant, or other person in possession or control of property shall not be deemed to relieve any other responsible person.
6. 
The rights, remedies and penalties provided in this Code are cumulative, are not mutually exclusive, and are in addition to any other rights, remedies and penalties available to the City under any other provisions of law.