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§ 52.027 INDEMNIFICATION.
   Every customer shall be liable to the city for all expenses, including attorney fees, incurred by the city in defense of or paid by the city in settlement or satisfaction of any claim, demand, action or suit brought by reason of the customer’s failure to satisfy the obligations imposed by this subchapter.
(Prior Code, § 3.05.340) (Ord. 260, passed 4-5-1999; Ord. 274, passed 6-26-2000; Ord. 275, passed 6-5-2000; Ord. 287, passed 4-16-2001; Ord. 294, passed 7-1-2002; Ord. 313, passed 4-5-2004; Ord. 318, passed 7-19-2004)
WATER LINE EXTENSIONS
§ 52.040 WATER MAIN EXTENSION COSTS.
   If any person, firm or corporation is required by the city to pay the cost of extending a water main line adjacent to property other than his or her own property so that water service is provided for such other property without further extension of the main line, the city shall require, prior to providing water service, that the persons requesting connection to the line refund to the person, firm or corporation required to pay the cost of construction to extend said water main line a pro rata portion of the cost of said construction. The right to require such refund shall not continue for more than ten years after the date of installation of the extension of the water line. For purposes of this section, the term COST OF CONSTRUCTION shall mean the actual cost of construction in addition to annual interest at the statutory rate established by state statutes which interest shall accrue from the date said water line is accepted by the city until the reimbursement is fully paid or the right to reimbursement terminated under the provisions of this section. The amount to be refunded shall be determined by the city and such determination shall be final. The city shall compute the pro rata portion to be refunded upon a front-foot basis of properties connected to the line including the property of the person, firm or corporation required to extend said line with the total reimbursable cost spread equally over the total front footage of the properties served. In such cases where the determination of reimbursable costs upon a front foot basis is inequitable or inappropriate by reason of size, location or condition of properties involved, the city may fix and determine the basis of reimbursement other than on a front-foot basis.
(Prior Code, § 3.10.010) (Ord. 179, passed 10-2-1989; Ord. 202, passed 1-6-1992)
§ 52.041 REIMBURSEMENT METHODS.
   The person, firm or corporation required to make such extension of water line shall submit a map locating the extended line and the city shall determine the properties benefitted by the extension by designating the same on the map submitted. The cost to be reimbursed to the person, firm or corporation extending said line shall be limited to the actual cost of construction, in addition to the cost of permits, engineering and legal expenses. In no event shall the items of expense for permits, engineering and legal exceed 25% of the actual cost of construction. The city shall add to the items of cost an amount equal to 5% of the total cost of construction including permits, engineering and legal expenses, which percentage shall be computed annually on the anniversary date of the agreement on the then unreimbursed balance of the cost of construction, which percentage shall be an appropriate return on investment to the person, firm or corporation making said extension. The city shall retain an amount equal to 10% of the total reimbursable cost for the cost of administration of the agreement by the city, which 10% shall be deducted from pro rata payments by applicants for service as such pro rata payments are made.
(Prior Code, § 3.10.020) (Ord. 179, passed 10-2-1989; Ord. 202, passed 1-6-1992)
EMERGENCY WATER USE
§ 52.055 PURPOSE.
   The City Council hereby adopts an emergency water shortage curtailment policy with regulations and restrictions on the delivery and consumption of water to take effect in the event an emergency condition occurs which regulations and restrictions shall remain in effect so long as such emergency exists as determined by the city.
(Prior Code, § 3.15.010) (Ord. 179, passed 10-2-1989)
§ 52.056 APPLICATION.
   The provisions of this emergency water use curtailment program and policy shall apply to all customers using water provided by the city.
(Prior Code, § 3.15.020) (Ord. 179, passed 10-2-1989)
§ 52.057 LEVELS OF CONCERN IN ORDER OF SEVERITY.
   (A)   First level of concern; voluntary reduction in water use.
      (1)   The City Recorder shall issue a general request for a voluntary reduction in water use by all water users. The request shall be made at a time when there is a strong indication that the city’s water supply will be reduced beyond the capacity to provide adequate service to all water customers. The request shall include a summary of the current water situation, the reason for the requested cutback in use and a warning that mandatory cutbacks will be required if the voluntary measures do not sufficiently reduce usage.
      (2)   The request for voluntary reduction of water shall be widely distributed to water users to assure public knowledge of the request. Local radio and television stations, as well as newspapers, shall be asked to run periodic announcements of the request. Leaflets could also be distributed either house to house, or to banks, stores, supermarkets and public buildings.
   (B)   Second level of concern.
      (1)   Regulation of sprinkling and watering. No person or customer shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation, except as follows:
         (a)   Such irrigation, sprinkling and watering shall be permitted by even numbered addressed residences, commercial or industrial establishments on even-numbered days of the calendar; and
         (b)   Such irrigation, sprinkling and watering shall be permitted by odd numbered addressed residences, commercial or industrial establishments on odd-numbered days of the calendar.
      (2)   Non-essential residential water use. The following residential water uses are hereby determined to be non-essential and are prohibited:
         (a)   The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane or other vehicle, except at a commercial fixed washing facility;
         (b)   The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard surfaced area or building or structure;
         (c)   The use of water to fill, refill or add to any indoor or outdoor swimming pools or Jacuzzi pools, except for neighborhood fire control, where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor’s prescription. Publicly-owned/operated pools may be excepted at discretion of the city; and
         (d)   The use of water in a fountain or pond for aesthetic or scenic purposes, except where necessary to support fish life.
      (3)   Non-essential commercial or industrial use. The following commercial or industrial water uses are hereby determined to be non-essential and are prohibited:
         (a)   The use of water to serve a customer in a restaurant unless requested by the customer;
         (b)   The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life;
         (c)   The use of water from hydrants for construction purposes, fire drills or any purpose other than firefighting;
         (d)   The use of water by a golf course to irrigate any portion of its grounds, except those areas designated as tees and greens; and
         (e)   The use of water for dust control.
      (4)   Gutter flooding. No person or customer shall cause or permit water from the municipal source to run to waste in any gutter or drain.
      (5)   Regulation of application for new water service. No applications for new, additional, further expanded or increase-in-size water service connections, meter, service lines, pipeline extensions, mains of other water service facilities of any kind shall be allowed, approved or installed during the state of emergency.
      (6)   Discontinuance of service.
         (a)   The city may, after one warning by certified mail or in person by staff, disconnect the water service of any person or customer whenever it is determined that such person or customer has failed to comply with any provisions of this policy, program and regulations for emergency water use curtailment. Service so disconnected shall be restored only upon payment of a turn-on fee as established by a resolution of the City Council, or as otherwise specified by law, and any other costs incurred by the city in the discontinuance of service and the giving of suitable assurances to the city that the action causing the discontinuance will not be repeated.
         (b)   In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer’s service.
   (C)   Third level of concern.
      (1)   Prohibition on sprinkling and watering. No person or customer shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.
      (2)   Non-compliance. In the event of non-compliance with the aforementioned policies, the city may enact a resolution requiring mandatory reduction of water usage. Such resolution shall generally provide:
         (a)   For residential customers, the resolution shall set a maximum daily allotment for the amount of water used per resident. If a residence uses more than its allotted number of gallons per day, the resident shall have water service disconnected or be fined;
         (b)   An allotment for non-residential water users shall be set at 75% of the water used during the same time period of the previous year. If customer history is not available, a maximum use rate will be set for the new customer; and
         (c)   Along with the implementation of such a resolution, the city shall make available to the water users recommendations for water conservation and information on water conservation kits to help reduce the amount of water used.
      (3)   Variances.
         (a)   The city may, by resolution, grant temporary variances for prospective uses of water otherwise prohibited after determining that unusual circumstances or failure to grant such variances would cause an emergency condition affecting health, sanitation or fire protection of the applicant or the public.
         (b)   The city may ratify or revoke any such variance or adjustment at any duly called meeting. Any such variance or adjustment so ratified, may be rescinded by later action of the city.
         (c)   No such variance shall be retroactive or otherwise justify any violation of the curtailment policy or program occurring prior to issuance of said variance.
(Prior Code, § 3.15.030) (Ord. 179, passed 10-2-1989)
BACKFLOW AND CROSS-CONNECTIONS
§ 52.070 DEVICES, DETECTORS AND ASSEMBLIES.
   (A)   Except where this section provides more stringent requirements, the definitions, standards, requirements and regulations set forth in the state’s Administrative Rules pertaining to public water supply systems and specifically OAR 333, div. 61, in effect on the date this section becomes effective are hereby adopted and incorporated by reference.
   (B)   The owner of property to which city water is furnished for human consumption shall install in accordance with city standards an appropriate backflow prevention devices on the premises where any of the following circumstances exist:
      (1)   Those circumstances identified in regulations adopted under division (A) above;
      (2)   Where there is a fire protection service, an irrigation service or a non-residential service connection which is two inches or larger in size; and/or
      (3)   Where the potable water supply provided inside a structure is 32 feet or more, higher than the elevation of the water main at the point of service connection.
   (C)   All double check detector assemblies used for system containment on fire protection services shall be approved by the state’s Health Division. The meter register on all double check detector assemblies shall be indicated in cubic feet measurement.
   (D)   Except as otherwise provided in this division (D), all irrigation systems shall be installed with a double check valve assembly. Irrigation system backflow prevention device assemblies installed before the effective date of this section, which were approved at the time they were installed but are not on the current list of approved device assemblies maintained by the state’s Health Division, shall be permitted to remain in service; provided, they are properly maintained, are commensurate with the degree of hazard, are tested at least annually and perform satisfactorily. When devices of this type are moved, or require more than minimum maintenance, they shall be replaced by device assemblies which are on the Health Division list of approved device assemblies.
   (E)   Any installation, corrective measure, disconnection or other change to a backflow prevention device shall be performed at the sole expense of the owner of the property. All costs or expenses for any correction or modification to the city’s system caused by or resulting from a cross-connection shall be the responsibility of the owner and/or the user of the cross-connection.
   (F)   Any backflow prevention device which is installed on property for the protection of the city water supply shall be tested at the time of installation and immediately after the device is moved or relocated. The property owner shall forward the results of such testing to the city’s Public Works Director within ten days of the date of installation or relocation.
(Prior Code, § 3.20.010) (Ord. 381, passed 3-2-2009)
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