This chapter is a companion ordinance to Chapter 14.15 PMC.
A. 
The city council has adopted Chapter 14.15 PMC requiring new development to pay system development charges. PMC § 14.15.050(C) requires adoption of an SDC methodology by ordinance.
B. 
It has been determined that the existing methodology for water systems development charges needs to be updated to reflect current and future needs of the city water system. The Philomath city council therefore adopts the Water System Development Charge (SDC) and Capital Improvement Plan dated February 2021.
(Ord. 625 § 1, 1994; Ord. 733 §§ 1, 2, 2004; Ord. 854 § 1, 2021)
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
"Applicant"
means a person, corporation, association or agency applying for water service.
"Approved backflow prevention assembly" or "backflow assembly" or "assembly"
means an assembly to counteract backpressure and/or prevent back-siphonage. This assembly must appear on the list of approved assemblies issued by the Oregon Department of Human Services – Health Services.
"Auxiliary supply"
means any water source or system other than the city of Philomath water system.
"Backflow"
means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases or substances into the city of Philomath water system.
"Certified backflow assembly tester"
shall mean a person who has successfully completed and maintains all requirements as established by the Department of Human Services – Health Services to be a tester in the state of Oregon.
"Certified cross connection control specialist"
shall mean a person who has successfully completed and maintains all requirements as established by the Department of Human Services – Health Services to be a specialist in the state of Oregon.
"City"
means the city of Philomath, a municipal corporation of the state of Oregon.
"City water system"
shall refer to and mean the city of Philomath water system, which shall include wells, treatment mechanisms or processes, pumping stations, reservoirs, supply trunk or feeder lines, service lines, meters and all other appurtenances, device lines and items necessary to the operation of the system and to supply water service to individual property or premises and shall include the city of Philomath's potable water with which the system is supplied.
"Commercial service"
means provision of water to premises which include mercantile establishments, stores, offices, public buildings, governmental agencies, public and private hospitals, schools, churches and mercantile establishments combined with residences, except those in which each unit is metered separately, but not an industrial user.
"Contamination"
means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.
"Cross connection"
means any physical arrangement where a potable water supply is connected, directly or indirectly, with any other non-drinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers or any other device which contains, or may contain, contaminated water, sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices or other temporary or permanent devices through which or because of which backflow may occur are considered to be cross connections.
"Council"
means the city council of the city of Philomath.
"Customer"
means a property owner of record, agent of the owner or tenant who receives service from the city and is responsible for payment of charges/fees.
"Customer line"
means the piping from the meter to the property served.
"Date of presentation"
means the date upon which a bill or notices are mailed or delivered personally to the customer or his designee.
"Degree of hazard"
means the non-health hazard or health hazard or high hazard classification that shall be assigned to all actual or potential cross connections.
"DHS"
means the State of Oregon Department of Human Services – Health Services.
Director.
See "Public works director."
"Double check detector assembly" or "DCDA"
means an assembly which consists of two independently operating check valves which are spring loaded or weighted. The assembly comes complete with a shutoff valve on each side of the checks, as well as test cocks to test the checks for tightness. It shall also be provided with a factory bypass arrangement with a meter and a minimum of an approved double check assembly.
"Double check valve backflow prevention assembly," "double check assembly," "double check" or "DCVA"
means an assembly which consists of two independently operating check valves which are spring loaded or weighted. The assembly comes complete with a resilient seated shutoff valve on each side of the checks, as well as test cocks to test the checks for tightness.
"Fire protection service"
means provision of water to premises for automatic fire protection.
"Fluoride"
means any fluoride compound added to the city water supply to promote dental health.
"Health hazard"
means an actual or potential threat of contamination of a physical, chemical or biological nature to the public potable water system or the consumer's potable water system that would be a danger to health.
"Industrial service"
means the provision of water to a customer for use in manufacturing or processing activities.
"Main extensions"
means extensions of distribution pipelines, exclusive of service connections, beyond existing facilities.
"Mains"
means distribution pipelines located in streets, highways, public ways or private rights-of-way which are used to serve the general public.
"Meter rate service"
means provision for supplying water in measured quantities.
"Mobile units"
shall mean units that are temporary in nature, connecting to the water system through a hydrant, hosebib, or other appurtenance of a permanent nature that is part of the city water system or a permanent water service to a premises. Examples can include but are not limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste or septage hauler's trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment other than homeowner use, rock quarry or asphalt/concrete batch plants or any other mobile equipment or vessel that poses a threat of backflow in the city water system. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other policies pertaining to recreational vehicles and homeowner devices that are used by the property owner in accordance with other provisions of this, or other, city policies pertaining to provision of water service to premises.
"Municipal use"
means provision for supplying water to departments of the city.
"Non-health hazard"
shall mean the classification assigned to an actual or potential cross connection that could allow a substance that may be objectionable, but not hazardous to one's health, to backflow into the potable water supply.
"OAR"
shall mean Oregon Administrative Rules.
"Person"
means any individual, company, enterprise, partnership, corporation, association, society or group; the singular term shall include the plural.
"Point of use isolation"
means the appropriate backflow prevention within the consumer's water system at or near the point at which the actual or potential cross connection exists.
"Pollution hazard"
means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer's potable water system, but which would not constitute a health or system hazard, as defined. The maximum intensity of pollution to which the potable water system could be degraded under this definition would cause minor damage to the system or its appurtenances.
"Premises"
means the integral property or area, including improvements thereon, to which water service is or will be provided.
"Premises isolation"
means the appropriate backflow prevention at the service connection between the public water system and the premises. This location will be at or near the property line and downstream from the service connection meter.
"Public works director"
means the public works director for the city of Philomath or the city's authorized representative.
"Rate schedules"
means the entire body of effective rates, rentals, charges and fees as established by the city council.
"Reduced pressure detector assembly" or "RPDA"
shall mean an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use.
"Reduced pressure principle backflow prevention assembly" or "reduced pressure principle assembly" or "RP assembly"
shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves, and at the same time, below the first check valve. The assembly shall include properly located test cocks and two tightly closing shut-off valves.
"Resident"
means a person or persons living within the area(s) served by the city water system.
"Residential service"
means provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, watering livestock, washing vehicles and other similar and customary purposes.
"Retrofitting"
means to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.
"RFP"
shall mean request for proposals.
"Service charge (user charge)"
means a charge on users of the treatment works for the user's proportionate share of the cost of operation and maintenance (including replacement) of such works.
"Service connection"
means the pipe, valves and other facilities by means of which the city conducts water from its distribution mains to and through the meter, but does not include the piping from the meter to the property, structure or facility served.
"Specialist"
means a DHS-certified cross connection specialist, either employed with or contracted by the city.
"Submerged heads"
mean irrigation sprinkling or delivery devices that are located below the surface of the landscaped area in which they are installed.
"Supervisor"
shall mean the city of Philomath public works operations supervisor.
"Temporary service"
means a service for circuses, bazaars, fairs, construction work and other uses that, because of their nature, will not be used steadily or permanently.
"Thermal expansion"
means the pressure created by the expansion of heated water.
"Unauthorized connection"
is defined as any of the following:
A. 
Any connection to the city water system that has not been documented in drawings, maps, or equivalent records and approved by the city.
B. 
Any connection to the city water system that requires a plumbing permit or permission from city made without the permit or permission.
C. 
Any connection to the water system that the city has required to be disconnected and has not been disconnected.
(Ord. 625 § 2, 1994; Ord. 761 § 1, 2010; Ord. 780 § 1, 2012; Ord. 797 § 1, 2015)
The area in which service may be furnished at the city's option includes all that territory within the corporate limits of the city and certain areas adjacent to or in reasonable proximity thereto.
(Ord. 625 § 3, 1994)
A. 
Supply. The city will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer in accordance with state and federal standards.
B. 
Pressure and Supply. The city assumes no responsibility for loss or damage because of lack of water pressure or excess water pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The customer is responsible for the purchase, installation, maintenance and ownership of a pressure reducing/regulating valve (PRV). The service may be subject to shutdowns and variations in pressure incidental to the operation of the system.
C. 
Quality. The city will exercise reasonable diligence to supply potable water in accordance with state and federal standards.
D. 
Classes of Service. All services installed by the city will be classified as follows:
1. 
Single-Family Residential. Single-family or multifamily units serviced by separate meters.
2. 
Multifamily Residential. Multifamily units serviced by one meter.
3. 
Commercial.
4. 
Industrial.
5. 
Contract service.
6. 
Fire protection.
E. 
Service Charges. A service (user) charge shall be set by the city council upon all customers using the city water system.
F. 
Financial Self-Sufficiency. The user charges shall be fixed at such amounts to assure the financial self-sufficiency of the water system, and thereafter amended as necessary by resolution of the city council.
G. 
Review and Revision of Rates. The water user charges established in subsection (E) of this section shall, at a minimum, be reviewed annually by the city council of the city of Philomath and shall be revised periodically to reflect actual costs of operation, maintenance, and replacement of the treatment works, and to maintain the equitability of the user charge with respect to distribution of the costs of operation and maintenance proportional to each user's contribution to the total demand of the treatment works.
H. 
Fee Schedule. The city council shall periodically adopt a fee schedule for administrative and regulatory fees required for the efficient and fair administration of the city water system.
(Ord. 625 § 4, 1994; Ord. 768 § 1, 2011; Ord. 797 § 2, 2015)
A. 
Application. Each applicant for water service shall be required to complete an application for service either in person or over the phone.
B. 
Special Contracts. Contracts, other than applications, may be required prior to service where, in the opinion of the city, special circumstances warrant special consideration.
The city may require a special contracts provision requiring the owner of rental property to agree to be responsible for new or continued service at any address where service has been discontinued due to delinquency more than two times in the prior calendar year, or where more than one account has been abandoned with a delinquency due or pending in the prior calendar year. Such a special contract shall include language making any delinquent amount a lien against the property.
C. 
Security Deposits. A deposit as specified in the rate schedule may be required of any person desiring service. A security deposit need not be made if the applicant has promptly paid all accounts due the city for a reasonable time in the past.
D. 
Water Service Account Fee. Any new application for water shall be charged a nonrefundable new account fee in an amount as specified in the rate schedule in effect at the time of the application for service.
E. 
Prior delinquent accounts for any applicant must be brought current before that applicant may have service in that applicant's name.
F. 
Special Water Service Account Deposit. A refundable deposit, as set in the rate schedule, per account will be required for service at any property where an account has been involuntarily discontinued more than two times in the prior calendar year, or where any account has been abandoned with any delinquency due or pending in the prior calendar year, or where any account requiring a special water service account deposit has had delinquencies charged against the deposit in the prior calendar year. Once the special water service deposit has been made, service can be activated. If there is any delinquency in the account, those charges will be deducted from the deposit.
(Ord. 625 § 5, 1994; Ord. 768 § 2, 2011)
A. 
Prior to commencing any work on a building water system or public water system, all applicable permits from the city of Philomath and other agencies must be secured and all associated permit fees paid in full. The permits necessary may include, but are not limited to, a plumbing permit, a permit to construct public facilities, and an encroachment permit. The permit shall set forth at what point the connection is to be made, the location, size of facility, type of construction, and other details as the director or his/her designee may reasonably require. Under no circumstances shall any person cut, tap, extend or in any way alter any city-owned and operated water line, fire hydrant, meter, or any other appurtenance without first obtaining a permit to do so.
B. 
No Use Outside City without Contract. No use or benefits of the water system or water treatment plant of the city shall be extended to or made available to any property not within the corporate limits of the city, except under a contractual agreement. Consistent with Philomath City Charter, no new contract to use or connect to the water system, except as is required by state law for health hazard annexations, may be extended unless it is first approved by a majority of voters of the city of Philomath.
C. 
Water Main Extensions.
1. 
Service within the City Limits. Water mains may be extended inside the city limits upon petition to and acceptance by the city council by the following method: Water mains shall be constructed in accordance with the city's standards and specifications, and subject to inspection by the city, with all necessary easements, rights-of-way and permits, as required, obtained in the city of Philomath'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. The water mains shall be constructed of pipe not smaller than eight inches in diameter, unless the city finds that engineering considerations determine that a larger or smaller pipe should be installed. Where the city has determined that a water main larger or smaller than eight inches in diameter is required or desirable, the city shall have the right to require the installation of the larger or smaller pipe. The developer or contractor may be required to pay all additional costs for the installation and materials for the increased size of the water main, where the city requires installation of larger pipe.
2. 
Fire Flow Standards. In the event new construction occurs in the area of an existing water main and it is determined by the city that fire flow requirements require a larger water main, the city shall have the right to reject the new construction or to require installation of a water main to meet fire flow requirements.
3. 
Service Outside City Limits. The city is not required to construct or provide service to water mains specifically residential, commercial, industrial or combined residential, commercial and industrial uses outside the city limits. Individual service connections may be permitted by option of the city on those mains owned and operated by the city outside the city limits.
a. 
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 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 any failure of the system.
b. 
Rules and Regulations.
i. 
All customers outside the city receiving water from the city shall comply with and be bound by the rules and regulations of the city.
ii. 
Individuals shall cooperate to a reasonable and practicable extent with other customers in the extension and/or enlargement of common facilities.
iii. 
No customer shall interconnect between water furnished by the city and water from another source. Upon discovery by the city that such an interconnection has been made, the city will discontinue service and may assess a penalty for illegal service connection.
D. 
Fluoridation of Water Supply.
1. 
The city will add fluoride to the city water supply in sufficient quantities to maintain a level of 0.7 parts per million in the potable water supply.
2. 
Addition of fluoride to the city water supply system, maintenance of equipment, selection of fluoride compound, concentration of fluoride and other substances in the water, and training of water treatment plant operators shall be subject to review and approval by the Oregon Health Authority – Public Health Division.
(Ord. 625 § 6, 1994; Ord. 768 § 3, 2011; Ord. 780 § 2, 2012; Ord. 797 § 3, 2015)
A. 
Responsibility for Payment of Bills. The customer who applied for service shall be responsible for payment of all charges prescribed in this chapter and set in the rate schedule. The customer who applied for service shall also be responsible for payment of all administrative fees authorized by the city council. All water service charges shall be mailed to the premises where water service is furnished unless the customer provides an alternate mailing address.
B. 
Rendering of Bills.
1. 
Meters will be read at regular intervals for the preparation of billings and as required for the preparation of opening, closing and special bills.
2. 
Bills for water service will be rendered at the intervals provided in the rate and fee schedule.
C. 
Payment of Bills.
1. 
All bills shall be due and payable on presentation. An account becomes delinquent if unpaid 16 days after date of billing. Late fees may be charged and collected on delinquent accounts as set forth in the rate schedule.
2. 
Closing bills will be collected at the time of discontinuance of service.
3. 
When bills are delinquent, the city will follow the procedure outlined in PMC § 13.30.080.
4. 
Any change in water user shall result in the new user paying the water use charges commencing from the date of change. Any new water service user shall commence paying the water use charges from the time of connection. The water base charges shall be prorated on a daily basis.
D. 
Separate Meter Billings. Each meter on customer's property will be read separately and the readings of two or more meters will not be combined.
(Ord. 625 § 7, 1994; Ord. 768 § 4, 2011; Ord. 797 § 4, 2015)
A. 
Shutoff Notice. All customer charges levied in accordance with this chapter shall be a debt due the city. A notice shall be sent to each account which has not been paid by the forty-fifth day after presentation of bill. All delinquent accounts may be collected in any lawful manner. Reasonable costs of collection may be added to the delinquent account.
B. 
Shutoff Date. Said notice shall state a turn-off date, seven days from the date the shutoff notice is mailed.
C. 
Disputed Billing. If the customer disputes the accuracy of the billing, the customer shall present the objection within 15 days after the date of presentation of the bill. Failure to file a notice of objection to the billing as specified above shall constitute a waiver of any defects in the bill and of the customer's right to object.
D. 
Discontinue Service. On the shutoff date, the meter reader or other agent of the city shall turn off the service. Service will not be restored until payment arrangements have been made.
E. 
Prior to the city reestablishing service after turning off due to nonpayment of bills, customers may be required to enter into special contracts and/or customers may be required to pay a special water service deposit consistent with PMC § 13.30.050(C) and (F).
(Ord. 625 § 8, 1994; Ord. 768 § 5, 2011)
A. 
Notices to Customers. Notices required to be given by the city to a customer will be given in writing and may be mailed to the billing address of record, hung on the front door or personally delivered to the customer. The city is not responsible for lost, stolen or nondeliverable mail. Any defect in a notice of delinquency or other violation of these provisions shall not prevent enforcement of these provisions.
B. 
Notice from Customers. Notice from a customer to the city shall be given by the customer or their authorized representative in writing at the office of the city finance department.
C. 
Notice Fees. The city council has determined that some notices required by this chapter cause unreasonable burdens on the public and the city water system. Of particular concern to the city council are the administrative costs associated with second notices for inspection of backflow prevention assembly devices. The fee schedule adopted by the city council includes a fee the customer receiving such a second notice must pay in order to maintain service.
(Ord. 625 § 9, 1994; Ord. 768 § 6, 2011; Ord. 797 § 5, 2015)
A. 
Nonpayment of Bills. A customer's water service may be discontinued if the service bill is not paid in accordance with the procedures as listed in PMC § 13.30.080.
B. 
Unsafe Apparatus.
1. 
The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water are dangerous, unsafe or are in violation of laws, ordinances or legal regulations. The city reserves the right of inspection if there is reason to believe that unsafe or illegal apparatus is in use.
2. 
Except for cross connection control, the city does not assume responsibility for inspecting apparatus on customer's property.
C. 
Service Detrimental to Others. The city may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.
D. 
Fraud and Abuse. The city shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud and abuse.
E. 
Noncompliance. The city may, unless otherwise provided, discontinue water service to a customer for noncompliance with any of these regulations if the customer fails to comply with said regulations within seven days after the city delivers written notice of the city's intention to discontinue service. If such noncompliance affects matters of health or safety or other conditions that warrant such action, the city may discontinue service immediately. The expense of such discontinuance, as well as the expense of restoring service, shall be a debt due to the city and may be recovered by any lawful means. Any remedies, including collection, requirement to enter into special contracts, requirements to pay special water service account deposits, or any other action authorized by any local, state or federal law, are cumulative and not exclusive.
F. 
Customer's Request for Service Discontinuance.
1. 
A customer may have the water service discontinued by notifying the city at least five days in advance of the desired date of discontinuance. The customer will be required to pay all water charges until the date of such discontinuance.
2. 
If notice is not given, the customer will be required to pay for water service until the date the city has learned that the customer has vacated the premises or otherwise has discontinued service.
G. 
Shutoff Charge. In all instances where the city provides a notice for noncompliance and water has been turned off, a reconnection fee shall be charged in accordance with the rate and fee schedule for the restoration of service.
H. 
Reconnection Charge. In all instances where water has been turned off because of a delinquent account, a reconnection fee shall be charged in accordance with the rate and fee schedule for the restoration of service.
I. 
After-Hours Reconnect. An after-hours fee will be added for restoration of service requests that are outside of regular business hours. Payment of minimum balance due plus the after-hours fee must be submitted to the utility billing department by noon of the next business day or water will be shut off and not reconnected until total bill plus fees are paid in full.
J. 
Penalty for Turning on Water without Authority. Should the water be turned on by any water customer or other person without authority from the city, the water may be turned off by the city and the customer will be required to pay the minimum account balance plus any penalty fees before the water is turned back on.
K. 
Damage Resulting from Turning on Water without Authority. If the city locks the meter and the lock is subsequently removed by any person, without authorization from the city, or should any damages occur to the city's infrastructure or property by any customer or other person who attempts to turn water on without authority from the city, the customer will be charged the actual cost to repair such damages and be subject to possible criminal charges or fines. Water shall not again be furnished to such premises until said charges and the cost of the water used are paid.
(Ord. 625 § 10, 1994; Ord. 768 § 7, 2011; Ord. 797 §§ 6, 7, 2015)
The city may furnish and install a service of such size and at such location as the applicant requests, provided:
A. 
Such requests are reasonable.
B. 
The location is such that the utility has in place a distribution main of sufficient size adequate to provide service to this location without detriment to existing customers. In all cases, the final location of the proposed meter shall be subject to city approval.
C. 
That such a distribution main is adjacent to and extends along the full length of the property frontage along the right-of-way.
The service will be installed from its water distribution main to the curb line or property line of the premises which may abut on the street, on other thoroughfares or on the city right-of-way or easement, as set forth in the Philomath public works design standards. Charges for new services shall be paid for in advance and shall be in accordance with the rate and fee schedule in effect at the time the new service is installed. The city council may, by resolution, change the fee schedule to reflect changing conditions.
D. 
Meters.
1. 
The applicant shall provide and maintain an accessible, unflooded vault of a size as specified for all meters larger than two inches.
2. 
Owner/customer shall maintain an area of at least 24 inches on each side of meter at all times to enable reading and maintenance to the meter. Vehicles, equipment, trash, firewood, lumber or any other objects shall not be situated over or around the meter box in any way that would obstruct access to the meter. If the meter cannot be read, the meter reading will be estimated and an additional fee, as set forth in the fee schedule, may be charged. If maintenance cannot be performed on the meter, the cost of moving such obstructions may result in additional fees, and shall be billed to the owner/customer.
3. 
No rent or other charge will be paid by the city for a meter or other facility, including housing and connections, located on a customer's premises.
4. 
Meters will be furnished and installed by the city after all applicable fees have been paid and when the service has passed inspection.
5. 
Included in the charges are all meters and necessary appurtenances for installation and continued operation of the service.
6. 
All meters shall be sealed by the city at the time of installation, and no seal shall be altered or broken except by an authorized employee or agent of the city.
E. 
Change in Location of Meter or Service. Meters or services moved for the convenience of the customer will be relocated only at the customer's expense.
F. 
Change in Size of Meter or Service. If for any reason a change in size of a meter or service or both is required, the charges shall be paid for in advance and shall be in accordance with the rate and fee schedule in effect at the time the change is made.
G. 
Ownership. Meters shall be owned by the city and will be maintained at its expense. 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. Fire service water lines shall be owned by the city up to the point of connection to the backflow prevention device in instances where the backflow prevention device is located at the property line. In instances where the backflow prevention device is located inside of a building, the property owner shall own and maintain the fire service water line from the valve at the point of connection to the city's water main. A permit shall be required by the property owner to perform maintenance and/or repairs in the city right-of-way.
H. 
Charges for Service Pipes Connected Without a Permit. If premises are connected without the application prescribed in this chapter, such premises shall be immediately disconnected. Before a new connection is made, the applicant shall pay double the new connection fee. A new connection shall only be made upon compliance with provisions of this chapter.
I. 
Changes in Customer's Equipment. Customers making any material change in the size, character or extent of the equipment or operation utilizing water service shall immediately give the city written notice of the nature of the change.
J. 
Abandoned and Nonrevenue-Producing Services. Where a service connection to any premises has been abandoned or not used for a period of three months or more, the city may remove said service connection at its discretion. New service shall be placed only upon an application being made for service and payment for a new connection at the rate in effect at the time the new connection is made. If the service connection has not been removed, it may be reconnected upon application and payment of the fee set forth in the rate and fee schedule. An abandoned service being used without written permission from the city is an unauthorized connection and is subject to PMC § 13.30.280.
K. 
Abandoned and Nonrevenue-Producing Meters. Where a meter to any premises has been abandoned or not used for a period of three months or more, the city may remove said meter. A new meter shall be placed only upon an application being made for service and payment for a meter at the rate in effect at the time the new meter is installed. If the meter has not been removed, it may be reconnected upon application and payment of the fee set forth in the rate and fee schedule.
L. 
Leaking Services. Where there is a leak between the main and the meter, or in the meter itself, the city shall make all repairs free of charge. If the leak is after the meter, it shall be the responsibility of the customer to repair. Adjustments for leaking services will be made in accordance with PMC § 13.30.130(B)(4). Before the city will make any adjustments for a leaking service, the leak must be repaired and a leak adjustment form must be submitted to the utility billing department. The city will not adjust more than four full months prior to the date the leak adjustment form was submitted.
(Ord. 625 § 11, 1994; Ord. 768 § 8, 2011; Ord. 797 §§ 8, 9, 2015)
A. 
Number of Services to Separate Premises. Separate premises under single control or management will each be supplied through individual service connections unless the city elects otherwise.
B. 
Service to Multiple Units. Separate houses, buildings, living or business quarters on the same premises, under a single control or management, may be served at the option of the customer by either of the following methods:
1. 
Through a separate service connection to each or any unit; provided, the pipeline system from each service is independent of the others and is not interconnected.
2. 
Through a single service connection to the entire premises on which only one minimum charge will be applied. The responsibility for payment of charges for all water furnished to combined units supplied through a single service connection of approved capacity must be assumed by the customer.
(Ord. 625 § 12, 1994)
A. 
Meter Test. On customer request:
1. 
A customer may, giving not less than one week's notice, request the city to test the meter serving the premises.
2. 
The city may require the customer to deposit an amount as set forth in the rate and fee schedule to cover the reasonable cost of the test.
3. 
The city will replace the meter and have the meter in question tested. The test deposit will be returned if the meter is found to register more than two percent fast.
4. 
A written report giving the results of the test shall be available to the customer within 10 days after completion of the test.
B. 
Adjustment of Bills for Meter Error.
1. 
Fast Meters. When, upon test, a meter is found to be registering more than two percent fast under conditions of normal operation, the city will refund to the customer the full amount of the overcharge based on estimated average readings for a period of not exceeding three months that the meter was in use.
2. 
Slow Meters.
a. 
When, upon test, a meter used for domestic or residential service is found to be registering more than 10 percent slow, the city may bill the customer for the amount of the undercharge based upon estimated average readings for a period not exceeding three months that the meter was in use.
b. 
When, upon test, a meter used for other than domestic service is found to be registering more than five percent slow, the city may bill the customer for the amount of the undercharge based upon estimated average readings for a period not exceeding six months that the meter was in use.
3. 
Nonregistering Meter. The city may bill the customer for water consumed while the meter was not registering. The bill will be at a minimum monthly meter rate or will be computed upon an estimate of consumption based either upon the customer's prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.
4. 
Adjustment of Bills for Underground Leaks. Where a leak exists underground between the meter and the building and the same is repaired within 10 days after the customer, agent or the occupant of the premises discovers or has been notified of the possibility of such leakage, the city may allow an adjustment of up to 50 percent of the estimated excess consumption.
(Ord. 625 § 13, 1994; Ord. 768 § 9, 2011; Ord. 797 § 10, 2015)
Fire protection connections will be allowed inside and outside buildings under the following conditions:
A. 
When the owner of a property or building desires such service and a main of sufficient size and volume is present, adjacent to or may be extended to the property (main extensions) in such a manner as to provide the service required.
B. 
The owner or agent of such a building shall agree in writing that no water may be used from the system except for extinguishing fires or periodic testing. Before any water for testing can be used, the owner or agent must receive written permission from the public works director.
C. 
If at any time it is found that any unauthorized connections have been added to the system or that registration is recorded on the detector check meter, the immediate installation of an approved meter, as mentioned in PMC § 13.30.110, or the removal of the service may be required by the city. Such water registered shall be charged for at double the regular meter rates and possible criminal charges or fines may be imposed.
D. 
All fire systems and private hydrants, wet or dry, shall be equipped with the appropriate backflow prevention assemblies as set forth in PMC § 13.30.210.
E. 
In the case of existing fire services which do not meet the conditions of subsection (C) of this section, the hydrants or hose connection may be sealed in such a manner as to indicate use thereof. If the seal is found to be broken, it will be assumed that water is being used from the fire service which is a violation of these rules and which results in action being taken as outlined in subsection (F) of this section.
F. 
Where any violation of any of the above subsections exists, service may be immediately discontinued. In the case where no detector or proportional meter exists, then one will be required before service is restored. In cases where there is a detector or proportional meter, then the owner or agent must provide satisfactory assurances that the use of water will cease or appropriate means are provided to ensure payment for all the water used. The customer will also be required to pay for all water used. The utility shall estimate this amount in cases where it cannot be determined. The bill must be paid prior to service being restored.
G. 
No charge will be made for water used in the extinguishing of fires if the owner or agent reports such use to the city in writing within 10 days of such usage.
H. 
The cost of all detector checks, proportional meters, backflow devices, and related appurtenances, including installation and testing costs, shall be borne by the customer. The customer shall provide drawings to the public works director for approval of devices and installation. Customer shall obtain a backflow permit from the city prior to beginning work.
I. 
Standby Charges for Automatic Fire Service. The standby charges for automatic fire service are based on wet or dry sprinkling systems without hose or other connections and are set forth in the rate schedule. Combined systems will pay the regular service meter minimums and the regular meter rates.
J. 
Water for Fire Storage Tanks. Water may be obtained from a fire service for filling a tank connected with the fire service, but only if written permission is secured from the city in advance and an approved means of measurement is available. The rates for general use will apply. The anticipated quantity of water shall be paid for in advance.
K. 
Ownership of Service Connections and Equipment. Ownership of service connection, meter and all equipment appurtenant thereto shall be the sole property of the city, and no part of the cost thereof will be refunded to the applicant.
L. 
Pressure and Supply. The city assumes no responsibility for loss or damage because of lack of water pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. There will be no reimbursement or prorating of the water bill due to shutdowns or other variations.
(Ord. 625 § 14, 1994; Ord. 768 § 10, 2011; Ord. 797 §§ 11 – 13, 2015)
A. 
Time Limit. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the city.
B. 
Charges for Water Served. Charges for water furnished through a temporary service connection shall be at the established rates for other customers.
C. 
Installation Charges and Deposits. The applicant for temporary service will be required:
1. 
To pay the city, in advance, the estimated cost of installing and removing all facilities necessary, as determined by the public works director, to furnish such service or, at the city's option, if service is supplied through a fire hydrant, the applicant will be charged the applicable fee set forth in the rate and fee schedule.
2. 
To deposit an amount sufficient to cover estimated bills for water during the entire period such temporary service may be used or to establish credit approved by the city.
3. 
To deposit with the city an amount equal to the value of any equipment loaned by the city to such applicant for use on temporary service. This deposit is refundable under terms of subsection (D) of this section.
D. 
Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to the meter or any loaned facilities of the city which are involved in furnishing the temporary service from the time of installation until removal. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer.
(Ord. 625 § 15, 1994; Ord. 768 § 11, 2011)
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 city prior to taking such water. Permission to take water in unusual quantities will be given only if it can be delivered safely through the city's facilities and if other consumers are not inconvenienced.
(Ord. 625 § 16, 1994)
A. 
Use of and Damage to Fire Hydrants. No person or persons, other than those designated and authorized by the proper authority, or by the city, shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted.
B. 
Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the city has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, the property owner shall bear all costs of such changes. Any change in the location of a fire hydrant must be approved by the city.
(Ord. 625 § 17, 1994; Ord. 768 § 12, 2011)
The customer shall, at their own risk and expense, furnish, install and 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 improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer, property owner, agents or any tenants in installing, maintaining, using, operating or interfering with such equipment.
The city shall not be responsible for damage to property caused by spigots, faucets, valves or other equipment which are open when water is turned on at the meter, either when turned on originally or when turned on after a temporary shutdown.
(Ord. 625 § 18, 1994)
The customer shall be liable for any damage to a meter or other equipment or property owned by the city which is caused by an act of the customer, their tenants or agents. Such damage shall include the breaking or destruction of locks by the customer or others on or near a meter and any damage to a meter which may result from hot water or steam from a boiler or heater on the customer's premises. The city shall be reimbursed by the customer for any such damage promptly on presentation of a bill.
(Ord. 625 § 19, 1994)
The customer shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from the service. The customer is not permitted to operate the curb stop on the meter box.
(Ord. 625 § 20, 1994)
This section applies throughout the city water system and to every premises and property served by the city water system. It applies to all premises, regardless of date of connection to the city water system. Every owner, occupant or person in control of any concerned premises is responsible for the terms and provisions contained in this section.
A. 
Cross Connections Regulated.
1. 
No cross connections shall be created, installed, used or maintained within the area(s) served by the city water system, except in accordance with this section.
2. 
The specialist shall carry out or cause surveys to be carried out to determine if any actual or potential cross connection exists. If found necessary, an assembly commensurate with the degree of hazard will be installed at the service connection.
3. 
The owner, occupant or person in control of any given premises is responsible for all cross connection control within the premises.
4. 
All premises designated as health hazards as stipulated by the OAR shall install a reduced pressure backflow assembly at the service connection in accordance with this chapter.
5. 
It is the responsibility of the property owner/occupant to purchase, install, test, repair and maintain all backflow assemblies.
B. 
Backflow Prevention Assembly Requirements. A specialist employed by or under contract with the city shall determine the type of backflow assemblies to be installed within the city water system. All assemblies shall be installed at the service connection unless it is determined by the specialist and approved by the supervisor that it should be installed at the point of use or at an alternate location. An approved assembly shall be required in each of the following circumstances, but the specialist is in no way limited to the following circumstances:
1. 
In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into the potable water system, the potable water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly.
2. 
When the nature and extent of any activity at a premises, or the materials used in connection with any activity at a premises, or materials stored at a premises, could contaminate or pollute the potable water system.
3. 
When any premises has one or more cross connections, as that term is defined in PMC § 13.30.020.
4. 
When internal cross connections are present that are not correctable.
5. 
When intricate plumbing arrangements are present making it impractical to ascertain whether cross connections exist.
6. 
When the premises has a repeated history of cross connections being established or reestablished.
7. 
When entry to the premises is restricted so that surveys for cross connections cannot be made with sufficient frequency to assure cross connections do not exist.
8. 
When materials are being used such that, if backflow should occur, a health hazard could result.
9. 
When an appropriate cross connection survey report form has not been filed with the supervisor.
10. 
Any and all used water return systems.
11. 
If a point-of-use assembly has not been tested or repaired as required by this section, the installation of a reduced pressure principle assembly will be required at the service connection.
12. 
There is piping or equipment for conveying liquids other than potable city of Philomath water and that piping or other equipment is under pressure and installed and operated in a manner that could cause a cross connection.
13. 
When installation of an approved backflow prevention assembly is deemed by a specialist to be necessary to accomplish the purchase of this section.
14. 
The use of any type of chemical spray attachment connected to the premises plumbing, including garden hose fertilizers and pesticide applicators, is not allowed within the city water system without proper protection from the potential of backflow occurring.
15. 
The use of any type of radiator flush kits attached to the premises plumbing is not allowed within the city water system without proper protection from backflow occurring.
16. 
Wherever reclaimed water is used on premises.
17. 
Where there is a premises with an auxiliary water supply which is connected directly to the city supply.
18. 
When a service has been inactive for six months or longer, a survey will be required by the specialist and it is determined a cross connection exists.
19. 
Wherever required by the current Oregon Administrative Rules.
C. 
New Construction.
1. 
On all new nonresidential construction an approved backflow assembly shall be installed at the service connection. The type of assembly will be commensurate with the degree of hazard as determined by a specialist.
2. 
When a building is constructed on commercial premises, and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building.
D. 
Retrofitting. Retrofitting shall be required at all service connections where an actual or potential cross connection exists, and wherever else the city deems retrofitting necessary to comply with the OAR, this section, and the most current edition of the city of Philomath's written program plan.
E. 
Irrigation Systems. All irrigation systems shall be protected according to plumbing code regulations. In the event any system is equipped with an injector system, a reduced pressure principle assembly will be required.
F. 
Thermal Expansion. It is the responsibility of the property owner, the occupant, or the person in control of the property to eliminate the possibility of damage from thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly or other appurtenances.
G. 
Mobile Units. Any mobile unit or apparatus as defined in PMC § 13.30.020 which uses the water from any premises within the city water system shall first obtain a permit from the city and undergo inspection to assure an approved air gap or reduced pressure principle assembly is installed on the unit.
H. 
Installation Requirements. All backflow prevention assembly installations shall follow the requirements as stipulated by the city.
The type of backflow prevention assembly required shall be commensurate with the degree of hazard that exists and must, at all times, meet the standards of the DHS. All backflow prevention assemblies required under this section shall be of a type and model approved by the DHS.
I. 
Pressure Loss. Any decrease in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the city.
J. 
Fire Systems. An approved double check backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use and/or does not provide for periodic flow-through. A reduced pressure principle backflow prevention assembly must be installed if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:
1. 
Where improper maintenance has occurred;
2. 
On all high hazard systems;
3. 
Wherever a specialist deems necessary; and
4. 
Wherever required by the OAR.
In the event an assembly is installed on a designated lateral, a detector assembly commensurate with the degree of hazard will be required.
K. 
Temporary Meters and Hydrant Valves. Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly will be commensurate with the degree of hazard and will be determined on a case-by-case basis by a city of Philomath specialist.
L. 
Plumbing Code. As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the Oregon Specialty Plumbing Code, or as amended, and, if applicable, in accordance with this section. If there is a conflict between this section and the plumbing code, the more stringent supersedes.
M. 
Right-of-Way Encroachment.
1. 
No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided in this section.
2. 
The city reserves the right to have an assembly installed in the right-of-way.
3. 
A backflow prevention assembly required by the city may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly and that installation in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.
4. 
All permits required by the city to perform work in the right-of-way shall be obtained.
5. 
A property owner shall, at the request of the city and at the owner's expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way, when such relocation is necessary for street or utility construction or repairs for purposes of public safety.
N. 
Access to Premises. Authorized personnel of the city, with proper identification and sufficient notice, shall have access during reasonable hours to all parts of a premises and within the structure to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to a premises or to the interior of a structure during those hours for inspection, a reduced pressure principle assembly must be installed at the service connection to that premises.
O. 
Annual Testing and Repairs. All backflow prevention assemblies installed within the area(s) served by the city shall be tested immediately upon installation, and at least annually thereafter, by a DHS-certified backflow assembly tester. All such assemblies found not functioning properly shall be promptly repaired or replaced at the expense of the owner, occupant or person in control of the premises. In the event an assembly is moved, repaired or replaced, it must be retested immediately.
It is the responsibility of the persons who own the assemblies to have the assemblies tested by a certified backflow assembly tester.
If a backflow assembly has been installed prior to the effective date of the ordinance codified in this section and it is determined by the specialist that the assembly is not required to meet the conditions of this enforcement document, testing of the assembly will not be required. If the plumbing conditions ever change and the assembly is required to meet the conditions stipulated in this enforcement document, it will be the responsibility of the property owner to test and maintain the assembly as stipulated by this enforcement document.
P. 
Maintenance of Assemblies. Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the OAR, or as amended, and this section. The assembly owner is responsible for protecting their assembly from freezing and vandalism.
Q. 
Responsibilities of Backflow Prevention Assembly Testers.
1. 
All backflow assembly testers operating within the city water system service area shall be certified in accordance with all applicable regulations of the DHS.
2. 
Persons certified as backflow assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration ("OSHA") and Oregon Occupational Safety and Health Administration ("OR-OSHA"); and have completed confined space entry training to enter any confined space on behalf of the city water system.
3. 
It is the responsibility of backflow assembly testers to submit records of all backflow assembly test repairs to the city within 10 days of completing the test.
R. 
Costs of Compliance. All costs associated with purchase, installation, surveys, testing, replacement, maintenance, parts and repairs of the backflow prevention assembly, and all costs associated with the enforcement of this chapter, are the financial responsibility of the property owner, occupant, or other person in control of the premises.
S. 
Recovery of Costs. Any water customer violating any of the provisions of this section and who causes damage to or impairs the city water system, including but not limited to allowing contamination, pollution, any other solution or used water to enter the city water system, shall be liable to the city for any expense, loss or damage caused by such violation. The city shall collect the cost incurred by the city for any cleaning, purifying, repair or replacement work or any other expenses caused by the violation from the violator. Refusal to pay the assessed costs shall constitute a violation of this section and shall result in the termination of service.
All costs associated with any disconnect fees resulting from the enforcement of this section are the sole responsibility of the property owner.
T. 
Termination of Service. Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested annually and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this section is sufficient cause for the discontinuance of public water service to the premises pursuant to OAR 333-061-0070, or as amended. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of public water service to the premises shall be immediate.
U. 
Falsifying Information. Any person who knowingly makes any false statement, representation, record, report or other document filed or required to be maintained pursuant to this section, or who falsifies, tampers with, or knowingly renders inaccurate any backflow assembly, device or method required under this section shall (in addition to civil and/or criminal penalties provided by state law) be subject to the general penalty clause of the city of Philomath's written program plan.
(Ord. 625 § 21, 1994; Ord. 761 § 2, 2010; Ord. 797 §§ 14, 15, 2015)
Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the city may discontinue the service if such conditions are not corrected within five days after giving the customer written notice.
(Ord. 625 § 22, 1994)
Any inspection or recommendations made by the city or its agents on plumbing or appliances or use of water on the customer's premises, either as the result of a complaint or otherwise, will be made or offered without charge.
(Ord. 625 § 23, 1994)
The city shall not be liable for damage resulting from an interruption in service. Temporary shutdowns may be resorted to by the city for improvements and repairs. Whenever possible, as time permits, all customers affected will be notified prior to such shutdowns. The city will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. There will be no reimbursement or prorating of the water bill due to shutdowns or other variations.
(Ord. 625 § 24, 1994; Ord. 797 § 16, 2015)
Except by special agreement with the city, no customer shall resell any of the water received from the city, nor shall water be delivered to premises other than those specified in the application for service.
(Ord. 625 § 25, 1994)
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500.00, or by imprisonment in jail for a period not exceeding 100 days, or by both such fine and imprisonment.
(Ord. 625 § 26, 1994)
Should any provision, section, sentence, clause or phrase of this chapter, or the application of the same to any person or set of circumstances, be for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this chapter or its application to any other persons or circumstances shall not be affected thereby, it being the intent of the city in adopting and approving this chapter that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation.
(Ord. 761 § 3, 2010)
No person shall construct, use, maintain, or allow the continued existence of an unauthorized connection to the water system. Existing unauthorized connections are expressly prohibited, without limitation, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(Ord. 797 § 17, 2015)
The director may require, by written notice, that a person responsible for an unauthorized connection to the water system immediately, or by a specified date, comply with the requirements of this chapter to eliminate the connection, regardless of whether or not the connection to it had been established or approved prior to the effective date of the ordinance codified in this chapter.
The removal of the connection shall be at the user's expense.
(Ord. 797 § 17, 2015)
Whenever the director finds that a person has violated a provision of this chapter, the director may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
A. 
The elimination of unauthorized connections; and
B. 
That violating practices or operations cease and desist.
(Ord. 797 § 17, 2015)
Notwithstanding the provisions of PMC § 13.30.340, any person receiving a notice of violation under PMC § 13.30.300 may appeal the determination of the director. The appeal must be in writing and must be received by the city manager within seven days of receipt of the notice of violation. If requested in writing, a hearing on the appeal shall be scheduled before the city council of the city of Philomath within 30 days of the receipt of the appeal. Thereafter, the city council may render its decision based upon the record of the hearing on the notice of violation, grant an additional hearing to take additional evidence, or conduct a de novo hearing.
The city council, in consultation with the city attorney, shall establish rules and procedures for the conduct of the appeal in order to accord the user minimum due process. The burden of proof, on appeal, shall remain with the city by a preponderance of the evidence. The city council shall affirm, reverse, or modify the findings, conclusions, and requirements of the notice of violation and shall serve its decision, in writing, upon the user. The decision of the city council shall be final.
(Ord. 797 § 17, 2015)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or in the event of an appeal under PMC § 13.30.310, within three days of the decision of the city council upholding the decision of the director, then the city or a contractor designated by the director is authorized to enter upon the subject private property and take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 797 § 17, 2015)
A. 
Within 30 days after abatement of the condition by city, the director or his designee shall prepare a recap of all costs incurred to abate the condition, including administrative costs.
B. 
A summary of costs shall be mailed by registered or certified mail to the same person or persons to whom the notice of violation was sent per PMC § 13.30.300, or their successors in title, and shall advise of the city's intent to assess said costs against the real property and shall further advise the owner/owners of their right to a hearing before the city council prior to assessment upon receipt by the director, within 15 days of the date of mailing, of a written request for a hearing.
C. 
If the costs of abatement are not paid to the city within 30 days from the date of the mailing of the summary of costs, said summary shall be presented to the city council and, if the council finds said costs to be reasonable, the council shall pass an ordinance directing that the amount of said costs be entered in the docket of city liens, and upon such entry being made, said costs shall constitute a lien upon the property in question.
D. 
The lien shall be enforced and shall bear interest at a rate to be determined by the council at the time of the ordinance referred to in subsection (C) of this section. The interest shall commence from the date of entry of the lien in the lien docket and shall have priority over all other liens and assessments to the maximum extent permitted by law. The costs of filing the lien shall be included in the total cost of the lien.
E. 
An error in the name of the property owner/owners/agents shall not void the assessment nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(Ord. 797 § 17, 2015)
The director is authorized to require summary abatement of any violation of this chapter that constitutes an immediate threat to the environment or the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the director, the city of Philomath is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the city of Philomath shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized under this chapter.
(Ord. 797 § 17, 2015)
A. 
Any person violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any customer who shall continue any violation beyond the time limit provided for in subsection (A) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $2,500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any water user violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
D. 
Any remedy, including collection, requirement to enter into special contracts, requirements to pay special account deposits, or any other action authorized by any local, state or federal law, is cumulative and not exclusive.
(Ord. 797 § 17, 2015)
In addition to the enforcement processes and penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter that is a threat to the environment, public health, safety, or welfare, and is declared and deemed a nuisance, may be summarily abated or restored by the city at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the city.
(Ord. 797 § 17, 2015)
Notwithstanding any provision of this chapter to the contrary, the remedies for violations of this chapter are not exclusive and the city may enforce violations of this chapter and pursue any other legal remedy authorized in this code, or may enforce violations of this chapter through seeking any other legal or equitable remedy.
(Ord. 797 § 17, 2015)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.
(Ord. 797 § 17, 2015)
The standards set forth within this code and promulgated pursuant to the provisions of this code are minimum standards; therefore, these code provisions are not intended and do not imply that compliance with these code provisions by any person or owner/operator of a premises will ensure that devices will function in a manner so that there will be no contamination, cross connection, nor pollution, caused by said person. The owner/operator of a premises has the ultimate responsibility for properly maintaining their plumbing systems and to ensure that cross connections are not created and that backflow prevention devices are tested and maintained in good working order. These code provisions shall not create liability on the part of the city of Philomath, nor any agent, officer or employee thereof, for any damages that result from any cross connection despite reliance on these code provisions or any decision lawfully made.
(Ord. 797 § 17, 2015)