As used in this chapter, unless the context requires otherwise:
"Accessory structure or use"
means a structure or use incidental and subordinate to the main use of the property and which is located on the same lot with the main use.
"Accessory structure permit"
means an application obtained from the City to place a structure that is incidental or subordinate to the primary use of the property.
"Applicant"
means the person making application for a permit for a sewer connection, who shall be the owner of the premises to be served by the sewer for which a permit is requested, or his authorized agent appointed in writing to do so.
"BOD"
(denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.
"Building"
means any structure used for human habitation, employment, place of business, recreation or any other purpose, containing sanitary facilities.
"City"
means the City of Brownsville or any of its authorized representatives.
"Cleanout"
means a sealed aperture permitting access to a sewer pipe for cleaning purposes.
"Combined sewer"
means a sewer intended to serve as a sanitary sewer and a storm sewer, or as an industrial sewer and a storm sewer.
"Commercial establishment"
means any structure which contains sanitary facilities used other than as a dwelling unit, or for manufacturing purposes.
"Construction permit"
means an application obtained from the City to construct a primary structure.
"Dwelling unit"
means a facility designed for permanent or semi-permanent occupancy and provided with minimum kitchen, sleeping and sanitary facilities.
"Fence permit"
means an application obtained from the City to place a fence on private property.
"Garbage"
means solid wastes form the domestic and commercial preparation, cooking, and dispensing of food, and the handling, storage and sale of produce.
"Improved parking lot"
means any lot used for the purpose of parking vehicles that is hard-surfaced and/or paved to the extent that water drains off into catch basins or onto a public right-of-way.
"Industrial user"
means any nongovernmental, nonresidential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented under one of the following divisions:
Division A – Agriculture, Forestry and Fishing;
Division B – Mining;
Division D – Manufacturing;
Division E – Transportation, Communication, Electric, Gas, and Sanitary Services;
Division I – Services.
In determining the amount of a user's discharge for purposes of industrial cost recovery, the grantee may exclude domestic wastes or discharges from sanitary conveniences.
"Industrial waste"
means that portion of the wastewater emanating from an industrial user which is not domestic waste or waste from sanitary conveniences.
"Mg/l"
means milligrams per liter.
"Natural outlet"
means any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.
"Person"
means any individual, firm, company, association, society, corporation or group.
"pH"
means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
"p.p.m."
means parts per million.
"Properly shredded garbage"
means the wastes from the preparation, cooking and dispensing of food, and the handling, storage, and sale of produce, that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.
"Sanitary facilities"
means sink, tub, shower or toilet.
"Sewage"
means a combination of the water-carried wastes from residences, hotels, motels, rooming houses, business buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present.
"Sewer"
means a pipe or conduit for carrying sewage:
1. 
"Building drain"
means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside.
2. 
"Building sewer"
means the extension from the building drain to the public sewer or other place of disposal.
3. 
"Public sewer"
means a sewer that is owned and controlled by the City.
4. 
"Sanitary sewer"
means a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
5. 
"Sewage treatment plant"
means any arrangement of devices and structures used for treating sewage.
6. 
"Sewer lateral"
means the building sewer, the extension from the building to the public sewer main.
"Sewer service connection fee"
means an amount of money charged for connecting to the City sanitary sewer system to cover plan review, inspection, and related administrative costs.
"Shall"
is mandatory; "may" is permissive.
"Slug"
means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration of flows during normal operation.
"Storm drain"
means a sewer intended to carry only storm waters, surface runoff, street wash waters and drainage.
"Superintendent"
means the Superintendent of Public Works of the City, or his authorized deputy, agent or representative.
"Suspended solids"
means solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
"Watercourse"
means a channel in which a flow of water occurs, either continuously or intermittently.
(1981 Compilation § 3-1.1; Ord. 489 § 1, 1980; Ord. 495 § 1, 1980; Ord. 582 § 1, 1988; Ord. 612 § 1, 1992; Ord. 685 § 1, 2003; Ord. 748 § 5, 2015)
The City hereby adopts the State Plumbing Specialty Code. The City of Brownsville hereby declares its intention to acquire, own, construct, equip, operate and maintain, inside and outside the City limits, sewage disposal facilities, sewers, equipment or appurtenances necessary, useful or convenient for a complete sewer system and disposal plant, including maintenance and extension of the present sewerage system. All users of the sewer system shall pay just and equitable charges for service, as hereinafter stated in BMC § 13.05.190. An accompanying resolution is to be reviewed and updated annually to ensure that sufficient revenue is generated to pay the total operation and maintenance of the treatment works. Proportional distribution of operation and maintenance costs among users and user classes is to be maintained.
(1981 Compilation § 3-1.2; Ord. 489 § 2, 1980)
No person shall place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the City of Brownsville, or in any area under the jurisdiction of said City, any human excretion, garbage, or other objectionable wastes which cause pollution of the surrounding ground, surfaces, air or waterways.
(1981 Compilation § 3-1.3; Ord. 489 § 3, 1980)
A. 
No person shall discharge to any natural outlet within the City of Brownsville, or in any area under the jurisdiction of said City, any sewage, industrial waste, or other polluted water or wastes except where suitable treatment has been provided in accordance with the provisions of this chapter.
B. 
No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
C. 
No person shall make a connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater, to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
D. 
No person shall discharge or cause to be discharged any of the following described waters or wastes to any sewer:
1. 
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
2. 
Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two mg/l as CN the wastes as discharged to the public sewer.
3. 
Any waters or wastes having a pH lower than five and one-half, chlorine demand of over five p.p.m. (parts per million) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
4. 
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc.
5. 
Septic tank wastes.
6. 
Any substance prohibited by the Department of Environmental Quality of the State of Oregon.
E. 
Storm water and all other unpolluted drainage shall be discharged to storm sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer or natural outlet.
(1981 Compilation § 3-1.4; Ord. 489 § 4, 1980; Ord. 495 § 4, 1980)
No person shall discharge or cause to be discharged into a sanitary sewer the following-described substances, materials, water or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process or equipment, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
A. 
Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees centigrade).
B. 
Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees centigrade).
C. 
Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.
D. 
Any waters or wastes containing strong acid from pickling wastes, or concentrated plating solutions, whether neutralized or not.
E. 
Any ground or unground fruit peelings and cores from canneries and packing plants. Cull fruits and vegetables. Fruit and vegetable pits and seeds.
F. 
Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement over five p.p.m. to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.
G. 
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters.
H. 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.
I. 
Any waters or wastes having a pH in excess of nine.
J. 
Materials which exert or cause:
1. 
Unusual concentrations of inert solids (such as, but not limited to, fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate).
2. 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
3. 
Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
4. 
Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
5. 
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such a degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(1981 Compilation § 3-1.5; Ord. 489 § 5, 1980)
If any waters or wastes are to be discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in BMC § 13.05.050, and which in the judgement of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:
A. 
Reject the wastes;
B. 
Require pretreatment to an acceptable condition for discharge to the public sewers;
C. 
Require control over the quantities and rates of discharge; and/or
D. 
Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of BMC § 13.05.100.
If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
(1981 Compilation § 3-1.6; Ord. 495 § 6, 1980)
Grease, oil and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located so as to be readily and easily accessible for cleaning and inspection.
(1981 Compilation § 3-1.7; Ord. 495 § 7, 1980)
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
(1981 Compilation § 3-1.8; Ord. 495 § 8, 1980)
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
(1981 Compilation § 3-1.9; Ord. 495 § 9, 1980)
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solid analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.)
(1981 Compilation § 3-1.10; Ord. 495 § 10, 1980)
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor, by the industrial concern.
(1981 Compilation § 3-1.11; Ord. 495 § 11, 1980)
All industrial users shall be required to pay that portion of the federal assistance grant under PL 92-500 allocable to the treatment of waste from such users.
(1981 Compilation § 3-1.12; Ord. 495 § 12, 1980)
The systems for industrial cost recovery shall be implemented and maintained according to the following requirements:
A. 
Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total federal grant amount divided by the recovery period.
B. 
The industrial cost recovery period shall be equal to 30 years or the useful life of the treatment works, whichever is less.
C. 
Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment.
D. 
An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works, such as strength, volume and flow rate characteristics. As a minimum, an industry's share shall be based on its flow versus treatment works' capacity except in unusual cases.
E. 
An industrial user's share shall be adjusted when there is a substantial change in the strength, volume or flow rate characteristics of the user's wastes or if there is an expansion or upgrading of the treatment works.
F. 
An industrial user's share shall not include any portion of the federal grant amount allocable to unused or unreserved capacity.
G. 
An industrial user's share shall include any firm commitment to the City of increased use by such user.
H. 
An industrial user's share shall not include an interest component.
(1981 Compilation § 3-1.13; Ord. 495 § 13, 1980)
This requirement applies only to those features of wastewater treatment and transportation facilities which have been constructed with federal assistance administered by the U.S. Environmental Protection Agency under PL 92-500.
(1981 Compilation § 3-1.14; Ord. 495 § 14, 1980)
The owners of all buildings situated within 200 feet of any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City are required at their expense to connect sanitary facilities directly with the proper public sewer as soon as said service becomes available, in accordance with the provisions of this chapter.
(1981 Compilation § 3-1.15; Ord. 489 § 6, 1980)
A. 
No person shall construct or maintain any facility intended or used for the disposal of sewage except as provided in this section.
B. 
Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the following provisions:
1. 
Before commencement of construction of a private sewage disposal system, the owner shall first obtain the permit required by the State Department of Environmental Quality, obtain written permission of the City, and pay a reasonable inspection fee as determined by the City.
2. 
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the City.
3. 
When a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this chapter; and any private sewage disposal facilities shall be abandoned and filled with suitable material.
4. 
Temporary use of portable privies may be authorized by the Superintendent where found necessary to serve workers on a construction project or to otherwise serve a short-term or emergency need.
(1981 Compilation § 3-1.16; Ord. 489 § 7, 1980)
Each prospective customer shall make a written application for sewer service. The application shall be signed by the applicant and state the location of the premises for which service is requested, the address to which bills are to be sent, information adequate to determine which rate shall apply, and such other information as may reasonably be required.
(1981 Compilation § 3-1.17; Ord. 489 § 8, 1980)
Service to sewer users shall be subject to the rules, regulations and rates applicable thereto and in effect at the time service is accepted or as they may be adopted or modified by the Council. Service to individuals or groups may be discontinued for failure of a customer to comply with the provisions of this chapter and related rules, regulations and administrative policy.
(1981 Compilation § 3-1.18; Ord. 489 § 9, 1980)
Sewer service charges against every property served by the City sewer system shall be determined by an accompanying resolution which will be reviewed annually to ensure that sufficient revenue is generated to pay the total operation and maintenance costs necessary for the proper operation and maintenance of the treatment works and that proportional distribution of operation and maintenance costs among users and user classes is maintained.
(1981 Compilation § 3-1.19; Ord. 489 § 10, 1980)
A. 
A sewer user who feels that the user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written application to the Council requesting a review of his sewer charge. The written request shall, when necessary, show the actual or estimated average flow or strength, or both, of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.
B. 
Review of the request shall be by the Council and the City Engineer and shall determine if it is substantiated or not, including recommending further study of the matter by the City Engineer or other registered professional engineer.
C. 
If the request is determined to be substantiated, the user charges for that user shall be recomputed, based on the approved revised flow or strength data, or both, and the new charges thus recomputed shall be applicable retroactively up to six months, as applicable.
(1981 Compilation § 3-1.19A; Ord. 511 § 1, 1981)
A. 
The sewer user charges established by this chapter shall be reviewed biannually and revised periodically to reflect actual costs of operation, maintenance, replacement, and financing of the treatment works and to maintain the equitability of the user charges with respect to proportional distribution of the costs of operation and maintenance in proportion to each user's contribution to the total wastewater loading of the treatment works.
B. 
Each user shall be notified annually, in conjunction with a regular bill, of the rate and that portion of the user charges which are attributable to wastewater treatment services.
(1981 Compilation § 3-1.19B; Ord. 511 § 2, 1981)
All service fees and charges shall be paid as follows:
A. 
Sewer service charges shall be payable monthly in advance.
B. 
The person who owns the premises served by the sewer system shall be responsible for the sewer service charge, notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay said charges. All charges hereinabove imposed may be added to the monthly water bill for the premises by the City and shall be paid at the same time as the water bill is required to be paid. Sewer service charges are charged against the property served.
C. 
The sewer line shall be capped in the event that the building is destroyed or removed. The cap shall be installed under the supervision of the maintenance Superintendent. Sewer service charges shall be assessed until the capping has been approved by the City. If the owner fails to cap the line, the Superintendent may cap it and a new connection fee will be required upon connection.
(1981 Compilation § 3-1.20; Ord. 489 § 11, 1980; Ord. 671 § 1, 2000)
A. 
City water shall be turned off for failure to pay the sewer charge herein provided. In the event of water turnoff for failure to pay water or sewer charges, the water shall not again be furnished to the premises until all outstanding obligations for water and sewer charged to the premises have been paid in full.
B. 
Any charge due hereunder that is not paid when due may be recovered by the City of Brownsville in an action at law filed in a court of competent jurisdiction, and if the City prevails, it shall be entitled to recover its costs and reasonable attorney's fees in an amount fixed by the court. The charge may be certified and presented after July 15th and on or before the following July 15th to the Tax Assessor of Linn County and be by the Assessor assessed against the premises serviced on the next assessment and tax roll prepared after July 15th. Once the service charges are certified and presented to the Assessor, the payment for the service charges must be made to the tax collector pursuant to ORS 311.370. Such payment shall be made by the person responsible for the delinquent service charge or by the municipality who has received payment for the delinquent service charge. These charges shall thereupon be collected and paid over in the same manner as other taxes are certified, assessed, collected and paid over.
(1981 Compilation § 3-1.21; Ord. 489 § 12, 1980; Ord. 695 § 1, 2006)
A. 
Application for the installation or alteration of a service connection to the City sewer system shall be made at City Hall. The applicant must state fully and truly all information required by the City and shall supplement this application with any plans, specifications, or other information as required by the City Engineer. If the City approves the application, if there are no connection allocation restrictions in effect, and if the fee or fees are paid as herein provided, the City shall issue a sewer connection permit. Connection fees shall be determined in an accompanying resolution, which shall be reviewed annually.
B. 
At the same time such application is made, the applicant shall agree in writing to pay the City the required connection fee at the time of installation. No portion of the sewer installation shall be covered until the City Superintendent or his representative inspects the work for compliance with City and state specifications. No inspections shall be made unless the work place complies with state and federal safety regulations.
(1981 Compilation § 3-1.22; Ord. 489 § 13, 1980)
All work, including but not limited to excavation, piping, backfilling, compaction, repaving and other work incidental to a complete sewer installation, up to and including tapping the nearest adequate public sewer line, shall be at the expense of the customer or prospective customer. The customer or prospective customer shall indemnify the City of Brownsville from any loss or damage that may directly or indirectly be occasioned by the installation, and shall be responsible for repair of any facilities damaged during connection. All work and materials shall conform to the State Plumbing Specialty Code and other applicable regulations of the City. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater directly or indirectly to a public sanitary sewer. Old sewer lines may be used in connection with new buildings only when they are found, upon examination and test, to meet all requirements of this chapter and City specifications. Such examination and test shall be paid for by the customer or prospective customer.
(1981 Compilation § 3-1.24; Ord. 489 § 15, 1980; Ord. 582 § 1, 1988)
A separate and independent building sewer shall be provided for every building with the following exception:
A. 
The building sewer from the front building may be extended to the rear building and the whole considered as one building sewer if one or both of the following circumstances apply:
1. 
Where one building stands at the rear of another on an interior lot and no building sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway.
2. 
Where the second building is an accessory structure or use. At such time as the structure or use ceases to be accessory or is no longer on the same tax lot, a separate connection will be required.
(1981 Compilation § 3-1.25; Ord. 489 § 16, 1980; Ord. 612 § 2, 1992)
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In a building in which a building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.
(1981 Compilation § 3-1.26; Ord. 489 § 17, 1980)
The connection of the building sewer to the public sewer shall conform to the requirements of the plumbing code and other applicable regulations of the City. Each property owner shall be responsible for the maintenance of the service lateral(s) from the structure or facility served to the connection with the City public sewer. "Maintenance" shall include, but is not limited to, removal of any blockages, debris, grease, tree roots, and other material as required to ensure a free flow of wastewater through the lateral, disconnection of abandoned services from the public sewer, and prevention of unpolluted water from entering the service lateral.
(1981 Compilation § 3-1.27; Ord. 489 § 18, 1980; Ord. 685 § 2, 2003)
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
(1981 Compilation § 3-1.28; Ord. 489 § 19, 1980)
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
(1981 Compilation § 3-1.29; Ord. 489 § 20, 1980)
The City Public Works Superintendent or his representative shall have access free of charge at reasonable hours of the day to all parts of commercial and industrial buildings and premises for the purpose of inspecting, testing, sampling, measuring or observing the conditions of the sewer pipes and fixtures, preliminary treatment facilities, grease traps, and water and wastes being disposed. The City Public Works Superintendent or his representative shall have access free of charge at all hours of the day or night to any sampling manhole or similar sampling facility. When the Public Works Superintendent wishes access to privately owned premises, he shall first procure the consent of any rightful occupant for entry. If entry is denied, the Public Works Superintendent shall enter only pursuant to warrant; provided, that nothing herein waives the right of the City to enter if a public safety emergency justifies a warrantless entry.
(1981 Compilation § 3-1.30; Ord. 489 § 21, 1980; Ord. 696 § 1, 2006)
All measurements, tests and analyses of the characteristics of waters and wastes referred to in this chapter shall be determined according to the specifications of Standard Methods. The owner of any such premises being tested shall bear the costs of all tests. Such costs shall be added to the monthly sewer bill where practicable.
(1981 Compilation § 3-1.31; Ord. 489 § 22, 1980)
No person shall willfully or maliciously injure or in any manner interfere with or remove any pipes, pumps, samplers, appurtenances, facilities, or other property belonging to the City or used in connection with the City sewer system. Any person violating provisions of this section shall be charged for all standard costs associated with repairing the results of such injury or interference, plus whatever penalties may be adjudged under the provision of BMC § 13.05.320. Any person who inadvertently damages property belonging to the City or used in connection with the City sewer system shall be charged for all standard costs associated with repairing such damage, including, but not limited to, labor, materials and overhead.
(1981 Compilation § 3-1.32; Ord. 489 § 23, 1980)
A. 
Any person found to be violating any provision of this chapter shall be served with written notice, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for shall be guilty of an offense on conviction thereof, and shall be fined in the amount not exceeding $100.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
C. 
Any person 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.
(1981 Compilation § 3-1.33; Ord. 489 § 24, 1980)
For the purposes of this chapter, the following words shall have their assigned meanings:
A. 
"Applicant"
means any person making application for water service.
B. 
"City Administrator"
means the person appointed by the Mayor and City Council to fulfill the duties of the office of City Administrator or the Administrator's authorized deputy, agent or representative.
C. 
"Customer"
means the owner of each premises receiving water service.
D. 
"Customer service line"
means that part of the piping on a customer's premises that connects the service connection to the customer's distribution system.
E. 
"Main"
means a water line designed or used to service more than one premises.
F. 
"Month"
means the period approximating one month in length and coinciding with the dates on which regular water meters are read.
G. 
"Person"
means individuals, corporations, associations, firms and partnerships.
H. 
"Premises"
means a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment thereof.
I. 
"Service connection"
means that portion of the water distribution system which connects the meter to the main and shall normally consist of a corporation stop, service pipe, curb stop and box, meter, meter yoke, and meter box.
J. 
"Standby service"
means water service which is used for fire protection purposes and not for any other purpose.
K. 
"Water service connection fee"
means a dollar amount charged to offset connection plan review costs, service connection installation costs, and administrative and other related costs.
(1981 Compilation § 3-2.1; Ord. 534 § 1, 1981; Ord. 581 § 1, 1988)
No person shall connect premises to the City water system or make a change in water service, size or location without a permit to do so.
(1981 Compilation § 3-2.2; Ord. 534 § 2, 1981)
A. 
Any person wishing to connect to the City water system or to make a change in water service size or location shall apply to the City Administrator for a permit to do so. Except where City Council action is necessary in subsections (B), (C) and (D) of this section, the City Administrator shall have the authority to grant such permits.
B. 
The primary purpose of the City water system is to provide services to property within the City. The City Council may grant a permit for water service to property outside the City only if it finds that the City has an ample supply of water for its own present and future use and that the services proposed would be consistent in all respects with adopted resolutions, policies, plans and ordinances.
C. 
Whenever an applicant's requirements for water are unusual, large, or necessitate considerable special or reserve equipment or capacity, the City Council may impose special limitations or charges on the service or make special exceptions to otherwise applicable limitations or charges, and these provisions shall be in writing on the water service permit.
D. 
The City Council may grant a permit where an extension or alteration of existing water mains is required only upon a finding that the extension would promote the public health, welfare and safety of the residents of the City, and would be consistent in all respects with adopted resolutions, policies and plans and ordinances. Where an extension of existing water mains is required, the application shall be submitted to the City Council. The City Council shall determine whether the City should bear the cost of the water extension, assess the cost against benefited properties, or require the applicant to bear all or part of the costs of water main extension. If the City Council determines that the applicant should pay the cost of the water main extension, but the applicant refuses to do so, the permit shall be denied.
(1981 Compilation § 3-2.3; Ord. 534 § 3, 1981)
As of the effective date of the ordinance codified in this chapter, any new development situated within 200 feet of any street, alley, or right-of-way in which there is located a City water main shall be required to connect to the City water system at the owners' expense in accordance with the provisions of this chapter.
(1981 Compilation § 3-2.2A; Ord. 581 § 1, 1988)
All applicants for water service connection and/or for changes in water service, size or location shall pay a water service connection fee in accordance with a fee schedule adopted by resolution of the City Council.
In addition to the water service connection fee, the applicant will be responsible for all costs incurred by the City over the cost ceiling as set by resolution of the City Council.
(1981 Compilation § 3-2.4; Ord. 534 § 4, 1981; Ord. 581 § 1, 1988)
A. 
When a permit has been issued and the City imposes the cost of extending or altering existing water mains on the applicant, the applicant may have the work done by a private contractor or by the City.
B. 
The size of all main extensions shall be determined by the City Administrator, but in no case shall a water main be less than six inches in diameter.
C. 
If the applicant wishes to have the main extension done by a private contractor, the contractor shall be approved by the City Administrator and required to carry liability insurance, naming the City as the insured party in an amount determined by the City Council.
D. 
If the City constructs the extension or alteration, the applicant shall deposit with the City prior to construction, either in cash or bond, the amount estimated by the City Council as the cost of the extension or alteration. The applicant shall pay the total cost of the construction. If the amount deposited is greater than the total cost, the amount in excess of total cost shall be returned to the applicant.
E. 
If the extension or alteration is constructed by a contractor approved by the City Administrator, all construction plans must be approved by the City Administrator and the cost of the review shall be paid by the applicant. The work shall be done under the supervision of the City. The applicant shall pay the contractor directly and shall be solely responsible for the expenses incurred in employment of the contractor and shall hold the City harmless from any liability to the contractor whatsoever. The applicant shall deposit with the City in cash or bond an amount equal to the City Administrator's estimate of the cost of repairing all City streets to be disturbed by construction. The cash or bond shall be returned to the applicant upon final approval of construction by the City Administrator or applied by the City to any damages resulting from construction.
F. 
Main extensions or alterations shall become the property of the City at the time water from the City water system is turned in to the main extension.
(1981 Compilation § 3-2.5; Ord. 534 § 5, 1981)
A. 
The City shall install a service connection line between the main and the meter.
B. 
The service connection line shall be a minimum of three-fourths inch in diameter.
(1981 Compilation § 3-2.6; Ord. 534 § 6, 1981; Ord. 581 § 6, 1988; Ord. 650 § 1, 1997)
A. 
Meters shall be placed in the City property, easement or right-of-way nearest the premises.
B. 
Meters shall be furnished and owned by the City and shall be maintained at its expense.
C. 
No rent or other charges shall be paid by the City for a meter or other equipment located on the customer's property.
D. 
Meters shall be sealed by the City at the time of installation, and no seal shall be altered or broken except by one of the City's authorized agents.
E. 
If a change in size of a meter and service is required, the customer shall apply for a permit and shall pay the fee established by resolution of the Council.
(1981 Compilation § 3-2.7; Ord. 534 § 7, 1981)
A. 
The customer shall install a customer service line from the meter and the service connection to the customer's distribution system.
B. 
The customer shall install a suitable valve, as close to the water location as practical, the operation of which will control the entire water supply from the customer service lines.
C. 
The cost of installing the customer service line and control valve shall be borne solely by the customer.
(1981 Compilation § 3-2.8; Ord. 534 § 8, 1981)
A customer may request the City to test the meter serving his or her premises.
A. 
The customer shall deposit an amount to cover the reasonable cost of the test. This deposit will be returned if the meter is found to register more than three percent fast. The deposit required of a customer requesting a meter test shall set by resolution of the City Council.
B. 
The customer or his or her representative shall have the right to be present when the test is made, and a customer who requests a meter test will be notified not less than two days in advance of the time and place of the test.
C. 
A written report giving the results of the test shall be available to the customer within 10 days after completion of the test.
D. 
Adjustment of bills for meter error will be made according to the provisions of BMC § 13.05.480.
(1981 Compilation § 3-2.10; Ord. 534 § 10, 1981)
Each customer may determine the number of meters necessary to serve the premises. Regardless of the number of meters, there shall be a separate monthly charge for each dwelling unit in the premises.
(1981 Compilation § 3-2.11; Ord. 534 § 11, 1981)
A customer who has requested that the City turn off the water shall pay a turn-on fee when water service is restored. The applicable turn-on fee shall be set by resolution of the Council.
(1981 Compilation § 3-2.12; Ord. 534 § 12, 1981; Ord. 581 § 1, 1988)
A. 
Each customer shall deposit a sum determined by resolution of the Council at the time a new account is established. The sum shall be returned to the customer any time after one year of service upon the determination of the City Administrator that the customer owns the property served or is purchasing it and all water bills during the immediately preceding 12 months were timely paid.
B. 
Whenever a bill becomes delinquent as provided in BMC § 13.05.490(A), all or part of the deposit required by subsection (A) of this section shall be applied to the unpaid bill. The City Administrator shall thereupon direct the customer to restore the account deposit to the sum determined by resolution of the Council. If the customer fails to restore the deposit as directed, the account is delinquent within the meaning of BMC § 13.05.490 and may be collected in any lawful manner.
C. 
The sum deposited by a customer under the terms of this section shall be returned to the customer upon termination of service after applying it to any unpaid obligation of the customer due the City.
(1981 Compilation § 3-2.13; Ord. 534 § 13, 1981; Ord. 570 § 1, 1987)
The City shall charge a customer a fee as set by resolution of the City Council for restoration of water service when service has been discontinued by the City, not at the request of the customer, under the provisions of this chapter.
(1981 Compilation § 3-2.14; Ord. 534 § 14, 1981)
A. 
Billing shall be on a monthly basis and shall be mailed on or about the first day of the monthly period.
B. 
Water charges are due on or before the last day of the month in which the bill is mailed.
C. 
Closing bills shall be collected as reasonably practical at the time of discontinuance of service.
D. 
Each meter on a customer's premises shall be billed separately, and the readings of two or more meters shall not be combined unless the City's operating convenience requires.
(1981 Compilation § 3-2.15; Ord. 534 § 15, 1981; Ord. 699 § 1, 2006)
Customer accounts shall be adjusted for any of the following circumstances:
A. 
In the event that the customer requests discontinuance of the service during the monthly period, the basic rate is to be prorated as of the date of the discontinuance of service. Likewise, if service is established during the monthly period, the basic fee shall be prorated.
B. 
When, upon test, a meter is found to be registering more than three percent fast under conditions of normal operation, the City shall refund to the customer the full amount of the overcharge based on corrected meter readings for the period not exceeding three months.
(1981 Compilation § 3-2.16; Ord. 534 § 16, 1981)
A. 
Any charges more than 30 days past due as of the tenth of any month will be considered delinquent. A delinquent notice will be mailed by the fifteenth of that month, and will include an additional charge as set by resolution. If the delinquency is not corrected before the regular shutoff day which will be the fourth Wednesday, water service will be discontinued.
Customers who turn on their water service after it has been discontinued by the City, prior to payment of amount owed, will be in violation of this chapter and will be subject to penalties in accordance with BMC § 13.05.680.
B. 
Wednesday shall be the shutoff date unless a City holiday is on Wednesday; then the date shall be Tuesday. The meter reader or other agent of the City shall advise the occupant on the premises, by posting a 24-hour notice on the door of the property, the day before the water service is to be disconnected unless the delinquent amounts are paid by the specified date. When the notice is delivered, an additional fee, as set by resolution, shall be added to the amount due. If no one responds to the agent's knock, the agent shall leave a notice on the door that the water service will be turned off as specified by the 24-hour notice unless payment is received. If payment is not received, the agent shall shut off the service based on the 24-hour notice.
C. 
The customer owing the water bill shall pay the restoration fee plus any additional fees as stated in subsections (A) and (B) of this section, plus the delinquent water bill, before the City will restore water service. Service will be restored during normal business hours.
D. 
The City Administrator, in cases of extreme hardship, shall have the discretion to decide not to discontinue service or to renew service to a delinquent account upon the acceptance of a valid plan for the payment of past due amounts in installments.
E. 
The City will not shut off water service during freezing weather to protect the integrity of the distribution system.
(1981 Compilation § 3-2.17; Ord. 534 § 17, 1981; Ord. 581 § 1, 1988; Ord. 594 § 1, 1990; Ord. 720, 2009; Ord. 765 § 2, 2017)
A. 
The property owner of record shall be responsible for the payment of all charges prescribed in this chapter. If the property is rented and the renter fails to pay the charges, the City Administrator shall submit the bill to the property owner.
B. 
Accounts incurring insufficient funds from a financial institution shall pay all charges against the account to restore service, if service has been shut off. The City may invoke BMC § 13.05.540. If BMC § 13.05.540 is invoked, service would be discontinued immediately. The City will require different payment options for any account incurring an insufficient funds notice from a financial institution at the sole discretion of the City Administrator or designee.
(1981 Compilation § 3-2.18; Ord. 534 § 18, 1981; Ord. 765 § 3, 2017)
A. 
Payment arrangements by customers shall not be allowed unless they are duly authorized in the Brownsville Municipal Code.
B. 
Any payment arrangements by customers that fall within the allotted time frames provided by the Brownsville Municipal Code may be done at the convenience of the City Administrator or designee based on the operational needs of the City.
C. 
When leaks are detected by the City or by the customer, the City Administrator or designee has the authority to provide a reduction of the utility bill not to exceed 50 percent of the utility bill. Any authorization or request in excess of 50 percent and more than $200.00 may go before Council either at the request of staff or the customer.
(Ord. 765 § 1, 2017)
All water charges as provided for in this chapter shall be a lien against the property served from and after the date of billing and entry on the ledger or other records of the City pertaining to its municipal water and sewage 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 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 Charter.
(1981 Compilation § 3-2.19; Ord. 534 § 19, 1981)
A. 
The city may refuse to furnish water and may discontinue service to a premises where an apparatus, appliance or other equipment using water is dangerous, unsafe, or is being used in violation of laws, ordinances or legal regulations.
B. 
The city does not assume liability for inspecting apparatus on the customer's property. The City reserves the right of inspection, however, if there is reason to believe that unsafe or illegal apparatus is in use.
C. 
When the City wishes to gain access to privately owned premises to inspect apparatus, equipment, or use of water, it shall first procure the consent of any rightful occupant for entry. If entry is denied, the city shall enter only pursuant to warrant; provided, that nothing herein waives the right of the City to enter if a public safety emergency justifies a warrantless entry.
(1981 Compilation § 3-2.20; Ord. 534 § 20, 1981; Ord. 696 § 2, 2006)
The City may refuse to furnish water and may discontinue service to premises where excessive demand by one customer will result in inadequate service to others.
(1981 Compilation § 3-2.21; Ord. 534 § 21, 1981)
The City may refuse or discontinue water service to a premises to protect itself against fraud or abuse.
(1981 Compilation § 3-2.22; Ord. 534 § 22, 1981)
The City may discontinue water service to a customer for failure to pay sewer service charges established pursuant to this chapter by resolution of the City Council. The City Administrator shall give notice of nonpayment and discontinuance of service as provided in BMC § 13.05.490.
(1981 Compilation § 3-2.23; Ord. 534 § 23, 1981)
The City may refuse or discontinue water service where wasteful or negligent water use seriously affects the general services.
(1981 Compilation § 3-2.24; Ord. 534 § 24, 1981)
A. 
A customer may have water service discontinued by notifying the City at least five days in advance of the desired date of discontinuance and paying water charges until the date of such discontinuance.
B. 
If notice is not given, the customer shall be required to pay for the water service until the date the City learns that the customer has vacated the premises or otherwise has discontinued his service.
(1981 Compilation § 3-2.25; Ord. 534 § 25, 1981)
Where a service connection to a premises has been abandoned or not used for a period of one year or longer, the City may remove it. New service shall be placed only upon the customer's application and paying for a new service connection.
(1981 Compilation § 3-2.26; Ord. 534 § 26, 1981)
Unless an emergency exists affecting health, safety or welfare, the City shall not discontinue service under any of the provisions of this chapter without giving at least five days' written notice and 24 hours' personal notice, or notice posted on the premises, of its intention to do so.
(1981 Compilation § 3-2.27; Ord. 534 § 27, 1981)
The City Council may, by motion, restrict the use of City water from time to time by the implementation of either of the orders of restriction set forth below. The orders of restriction need not be applied in sequence.
A. 
The first order of restriction shall limit water users as follows:
1. 
Residences and businesses with addresses ending in even numbers may use water for sprinkling of lawns, gardens and shrubbery; the washing of vehicles (except commercial car washes); and other similar exterior uses, on even numbered days of the month.
2. 
Residences and businesses with addresses ending in odd numbers may use water for sprinkling of lawns, gardens and shrubbery; the washing of vehicles (except commercial car washes); and other similar exterior uses, on odd numbered days of the month.
3. 
On the thirty-first day of the month, there shall be no use of water for sprinkling lawns, gardens, and shrubbery; the washing of vehicles (except commercial car washes); and other similar exterior uses.
4. 
Users who do not have a specific address (parks, school grounds, etc.) may use water for sprinkling lawns and shrubbery on Mondays, Wednesdays and Fridays only.
B. 
The second order of restriction shall prohibit the use of water for sprinkling of lawns, gardens and shrubbery; the washing of vehicles (except commercial car washes); and other similar exterior uses until authorized by the City Council.
C. 
No person shall willfully violate this section or any Council-ordered restriction.
(1981 Compilation § 3-2.28A; Ord. 571 § 1, 1987)
When an abnormally large quantity of water is desired for filling a swimming pool, log pond, or for other purposes, arrangements shall be made with the City prior to taking such water. Permission to take water in unusual quantities shall be given only if it can be safely delivered and if other customers will not be inconvenienced.
(1981 Compilation § 3-2.28B; Ord. 534 § 28, 1981; Ord. 571 § 1, 1987)
If a property owner or other party desires a change in the size, type or location of a fire hydrant, he or she shall bear the cost of such change. A change in the location of a fire hydrant must be approved by the City.
(1981 Compilation § 3-2.29; Ord. 534 § 29, 1981)
The customer shall be liable for damage to a meter or other equipment of the customer, his tenants or agents. The damage shall include the breaking or destruction of seals by the customer on a meter and damage to a meter that 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 such damage promptly on presentation of a bill.
(1981 Compilation § 3-2.30; Ord. 534 § 30, 1981)
The purpose of this section is to protect the health of the people served by this water system by preventing contaminants from flowing backwards into the water supply. To accomplish this, these rules are in compliance with Oregon Administrative Rules (OAR) 333-061-0070 through 333-061-0074. This includes installation, maintenance and testing of backflow prevention devices and assemblies; as well as other rules to report backflow data to the Oregon Health Authority every year.
"Division" refers to the Oregon Health Authority or duly charged State agency of the State of Oregon responsible for protection of public water supplies.
"OAR" refers to the Oregon Administrative Rules and corresponding, applicable code, chapters, paragraphs, subsections, et al. of the State governing cross-connection and/or backflow.
Actual or potential cross-connections are prohibited. If a potential exists for a cross-connection and this is necessary, the water system must be protected by an appropriate backflow prevention device or assembly. Most high hazards or health hazard are specified in the above listed Oregon Administrative Rules; OAR 333-061-0071. They are given the highest priority.
A. 
No person shall install or maintain any physical cross-connection between the City water system and any other source of water supply.
B. 
No cross-connections are allowed. The water system must be protected by an appropriate backflow preventer.
C. 
A list of "high hazard" installation areas is on file with City Hall.
D. 
Installation of backflow assembly devices and assemblies are to be installed per 2014 Oregon Plumbing Specialty Code (OPSC) or the most current revision or version.
E. 
All backflow devices and assemblies are to be tested:
1. 
Upon installation; and
2. 
After a backflow incident; and
3. 
If the device is moved or repaired; and
4. 
At least yearly.
F. 
These devices may be part of the water system well or distribution system or on customer's property. There are no "grandfathering" clauses for these rules to allow customers to not have and test these devices.
The City of Brownsville has the right to refuse or terminate water service to any customer who does not install a backflow device or assembly, when necessary, test at least annually and repair if necessary the backflow devices on the customer's property.
G. 
Whenever the City of Brownsville's certified cross-connection specialist has reasonable cause to believe that an existing or potential cross-connection is located on the user's premises, an approved backflow prevention assembly, as determined by the City's designated certified cross-connection specialist, shall be installed at the service connection, by the owner of the premises, and at the owner's expense.
The City of Brownsville reserves the right to demand a backflow device at the customer's side of the water meter if access is not allowed to determine if a backflow device or assembly is necessary.
H. 
Failure to install the proper assembly upon order of the City, or failure to maintain or annually test a required assembly will result in immediate discontinuation of water service to the premises.
I. 
The City of Brownsville will allow a reasonable time to achieve compliance with our rules, but should a backflow incident occur, the water system has the right to terminate service immediately and restore it only after compliance.
J. 
Annual testing for devices will be performed at the customer's expense.
K. 
In addition to any other sanctions allowed for under this chapter or State law, any violator will be responsible for all costs to the city for any cross contamination.
L. 
The use of any type of radiator flush kits attached to the premises plumbing is prohibited within the city's water system without proper protection from the potential of backflow occurring.
(1981 Compilation § 3-2.31; Ord. 534 § 31, 1981; Ord. 650 § 2, 1997; Ord. 660 § 1, 1998; Ord. 744, 2014)
Except by special arrangements with the City, no customer shall resell water received by him from the City, nor shall water be delivered to premises other than those specified in the application for service.
(1981 Compilation § 3-2.32; Ord. 534 § 32, 1981)
The City or its duly authorized agents shall, during reasonable hours, have the right to enter or leave the customer's premises for a purpose properly connected with the service of water to the premises.
(1981 Compilation § 3-2.33; Ord. 534 § 33, 1981)
Notices required to be given by the City to a customer will normally be given in writing and may be either delivered or mailed to the customer or to the premises to which service is rendered.
(1981 Compilation § 3-2.34; Ord. 534 § 34, 1981)
A person violating a provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500.00.
(1981 Compilation § 3-2.35; Ord. 534 § 35, 1981; Ord. 650 § 3, 1997)