(A) Application for service connection. Any property in the city’s service area is eligible for a water service connection. To apply, the owner of the service property, or someone with written authorization from the property owner, shall complete an application and submit it to city hall. The application shall be on a form provided by the city and include the information and statements described in this section. All applications for water service shall be made at city hall by the owner or an authorized agent of the owner of the service property. All representations of the applicant shall be binding upon the property owner. To apply, the owner of the service property, or someone with written authorization, shall complete an application on forms provided by the city and submit at least the following information:
(1) Mailing address and other contact information for the owner of the service property.
(2) A street address for the service property to be connected to the city’s water system and provided with water services.
(3) A description of the use of the service property, e.g., single-family residential, commercial, industrial, and the like. The description should be specific enough to allow the City Engineer to determine the nature and volume of water that will be used by the service property.
(4) A statement of whether or not the service property will be occupied by the property owner.
(5) If the applicant is someone other than the record owner of the property, a written statement from the record owner of the service property authorizing the applicant or agent to apply for water service, that the property owner shall comply with all requirements imposed by the city related to water service, and that the owner shall be responsible for all bills, fees, charges and penalties charged by the city in connection with the provision of water service.
(6) A statement that the owner and agent shall comply with all of the city’s rules, regulations and other requirements for water service, including prompt payment of all bills and acknowledgement that the city has the right to terminate service for nonpayment of bills in accordance with this chapter, and that the city shall not be responsible for any direct or indirect damage that may result from shutting off water service.
(7) A signed consent allowing the transfer of any claim for past due bills incurred by a tenant or renter of the property to the property owner.
(B) Responsibility for bills associated with water service.
(1) Responsibility for fees, charges, penalties, and the like. At all times and under all circumstances, the owner of the service property shall be responsible for all water service charges, fees, rates, penalties and related amounts charged by the city in connection with the provision of water to a service property owned by the property owner. When applying to connect, establish or reestablish service to the city’s water system, all owners of real property will be required to acknowledge primary responsibility for all water utility charges and the city’s right to transfer a claim for delinquent service charges for rented or leased property to the owner. The city has the right to transfer to the owner of a service property any claim for delinquent service charges incurred by a tenant of the service property other than the owner.
(2) Courtesy copies to tenants. Upon the written request of a property owner, the city will provide a courtesy copy of the monthly utility bill, any notices and other communication to a non-owner tenant residing at the service property. However, the owner shall remain primarily responsible for all water service charges incurred at the owner’s property. The city reserves the right to charge the property owner an administrative fee for the city’s costs associated with sending courtesy copies to the non-owner tenant each month. The city shall be entitled to seek payment for past-due bills from the property owner and pursue all available remedies against the property owner for nonpayment of bills accrued at the service property.
(3) Responsibility to maintain current mailing address. The owner of the service property shall provide to the city, and be responsible for maintaining at all times, a current mailing address to which the city will send all bills, notices and other communications related to water service. All bills, notices and other communications from the city related to the provision of water to the service property shall be sent to the property owner’s most recent address. Regardless of where the property owner directs the city to send bills, notices and other communications related to water service, the property owner shall remain ultimately responsible to the city for payment of all bills, fees, charges, penalties, and the like associated with the provision of water services to the service property. Failure of the property owner to maintain current contact information with the city shall not absolve the owner of its responsibility for water bills.
(4) When payment on water bills is due. All water service charges, fees, penalties and other bills shall be due and payable in full within 30 days of when the city sends a written bill. All bills that remain unpaid after 30 days of being sent shall accrue a late fee penalty in an amount established by City Council.
(C) Water service connection and payment of system development charges. The city has adopted authority pursuant to O.R.S. Chapter 223 to impose system development charges (“SDCs”) related to the city’s water system as provided in BMC Chapter 33 (System Development Charge). The City Council shall adopt and periodically revise the SDC rate schedule by resolution. Water SDCs are due and payable at the time a new connection to the city’s water system is permitted or actually made. No payment of water SDCs is allowed prior to actual connection or issuance of building permits, after which the property owner shall be responsible for paying the monthly service charges associated with the service property. In the event that service to a property is subsequently terminated pursuant to § 50.10(C), water service may be resumed, and the property reconnected to the water system in accordance with the requirements of § 50.10(C). Upon reconnection to the utility, the property owner shall begin incurring monthly service charges regardless of whether sewer or water services are actually used.
(D) City access to service property. Authorized employees of the city, with proper identification, shall have access during reasonable hours to all parts of a service property and within any building to which water is supplied. However, if any property owner refuses access to a service property or to the interior of a structure at reasonable times and on reasonable notice for inspection, the city may install a reduced pressure principal assembly at that service property.
(Ord. 2023-05-02, passed 6-13-2023)