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Ordinance 1931COUNCIL BILL N0. 905 ORDINANCE N0. 1931 AN ORDINANCE PROVIDING RULES, REGULATIONS, AND ENFORCEMENT FOR THE USE AND SUPPLY OF CITY SANITARY SEWER SERVICE AND WATER SERVICE, REPEALING ORDINANCE N0. 1861, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Deposit Application. Application for city sanitary sewer and water services, other than connection and meter installation service, shall be by written application on forms provided at the recorder's office. Each application for the use of sanitary sewer and water service must specifically designate the property to be served and the owner thereof and must be accompanied by a deposit in the sum of not less than $40.00 or an amount equal to estimated 3 months bill at the discretion of the City. Section 2. Deposit Refund. (A) A refund of the water and sewer service deposit will occur when a customer shows a satisfactory credit performance for three years. If it becomes necessary to make one or more visits to enforce collection and/or shut-off for non-payment during the three year period, the City shall retain the deposit. The deposit will be held for an additional three years from the date of the last visit to the customer's premise for collection for non-payment of a bill. (Definition of visit - hand delivery of notice of shut-off to the customer's premise. Definition of satisfactory credit no water shut-off notices hand delivered and/or temporary shut-off of service for non-payment during a three year period). (B) A refund of the deposit will occur upon the applicant's requesting discontinuance of service provided that all outstanding bills are paid in full. The deposit may be applied to the final bill. (C) If an account is shut-off for non-payment, the deposit shall be held as security until the outstanding balance is paid. The deposit will only be applied to the outstanding balance when the account is closed and no further water or sewer service is required by the customer. The remaining balance of the deposit not used to pay the outstanding bill will be refunded to the customer. (D) Upon refund of the cash deposit to the applicant for satisfactory credit performance or upon termination of service, the deposit shall be refunded together with interest thereon at the rate of five percent (5%) per annum. However, no interest shall be allowed or paid by the City of Woodburn on deposits which have been deposited with the city for less than 30 days. All cash deposits so paid to the City of Woodburn by water users shall be credited by the Finance Department into a special account to be know as "Water Deposit Trust Account". Page 1 - COUNCIL BILL N0. 905 ORDINANCE N0. 1931 Section 3. Disconnect Procedure. (A) A11 charges for sani- tary sewer and water service furnished or rendered by the City of Woodburn shall be chargeable to the premises or property where sanitary sewer and water service is supplied and, in addition, all persons signing an application for the use of sanitary sewer and water service shall be personally liable for all charges accrued against the property designated within the application. The City reserves the right to cut off and disconnect sanitary sewer and water service to the premises without further notice when charges for sanitary sewer and water service have not been paid within 30 days after the due date; and the expense thereof shall be borne by the property to which such service has been supplied. The City shall privide 3 to 5 days notice by a door hanger or by mail prior to water service disconnect. (B) After the City water serices have been disconnected for non-payment, it shall not be restored unless the bill has been paid in full. The charges for turn-on for non-payment of water bill shall be $10.00 during 8 AM to 4 PM and $25.00 during 4 PM and 8 AM on a regular workday. On any holiday, Saturday or Sunday a similar charge of $25.00 will be made for the turn-on service. (C) The charges for turn-off and/or turn-on for reasons other than non-payment of water bill shall be $10.00. No charge shall be made for water turn-on service for a new customer with a deposit, and for the turn-on and/or turn-off services necessitated by an emergency such as waterline or equipment breakage. (D) A renter or owner shall not be allowed to have City utility services at a new location unless the current billings have been satisfied. The non delinquent bills after deposit deduction remains with the property. (E) The disconnect notice shall be sent to the renter as well as the property owner at the time of termination of service for non-payment of bill. It is the property owner's responsibility to inform the City of its ownership. If the City fails to provide notice to the property owner, who has informed the City of its ownership and is on City's current records, then the said property will not be liable for City's utility charges exceeding 15 working days beyond delinquency. Also, this provision will apply if the city fails to turn-off the water to the premises. Any charges exceeding 15 working days beyond delin- quency must be collected from the renter or user of utility services, and failing to do so, the revenues shall be considered uncollectable and deleted from the City resources. City may charge 1% interest per month on delinquent accounts. Section 4. Lien Procedure. Any and all sanitary sewer and water service bills not paid within 45 days after the due date shall be recorded by the City Recorder in the docket of City liens. When so docketed, said sum shall be a lien or charge against the estate and interest of the respective owners and the parties interested in such land which shall have been supplied with sanitary sewer and water service. Said persons shall make payment within 10 days from the time of entering the same in the docket of City liens and, if not so paid, Page 2 - COUNCIL BILL N0. 905 ORDINANCE N0. 1931 the same shall be deemed delinquent and thereupon shall be collected in the manner provided for the collection of delinquent assessments. In addition to City's property lien process the City may use State statutes to collect the sewer bills. Section 5. Notice. Notice to the City of the desire of any person to have the water turned off or on at any premises shall be given to the recorder at least 24 hours before the water is to be so turned on or off. In no event shall any person, other than the duly authorized employees of the City, turn on the supply of City water after the same has been shut off by the City on account of discontinuance of service for any reason whatsoever. Section 6. Permit. No person supplied with sanitary sewer and water service shall be permitted to supply or furnish such services in any way to other persons or premises without a permit from the City Council. Section 7. Repairs. The City reserves the right to shut off water from the mains, without notice, for repairs or other necessary purposes. For normal, routine repairs, the City shall take reasonable precaution to notify occupants of affected premises of the intention to shut off the water supply. In no event shall the City, its officers, employees or agents be responsible for any damage resulting from shutting off the City water supply. Water for steam boilers for power purposes shall not be furnished by direct pressure from the City water maint. Owners of steam boilers shall maintain tanks for holding an ample reserve of water. Section 8. Alterations. No person, other than an agent of the City, shall tap the City sanitary sewer or water mains, or make alterations in any conduit, pipe, or other fixture connected therewith, between the main and the property line. Section 9. Access. The City shall have free access to all parts of the building or premises which are served by City sanitary sewer and water service for the purpose of inspecting the pipes and fixtures. Section 10. Rates. (A) The City Council of the City of Woodburn shall from time to time establish, by ordinance, all rates, surcharges, and connection fees for the use of the City of Woodburn sanitary sewer and water service. The Public Works Director shall conduct an annual review of rates contained in this ordinance. (B) Outside City Limits. A factor of 1.5 shall be applied to all rates and charges for service outside the City. (C) Hardship Relief. Hardship cases may apply for and be granted a monthly charge reduction of 40% to the bill. Hardship may be established by submitting proof of $6,000 or less yearly income. Page 3 - COUNCIL BILL N0. 905 ORDINANCE N0. 1931 To remain eligible for reduction, the water consumption must not exceed the average, and the City may at its option install a meter for this monitoring. Section 11. Infractions. A violation of these provisions constitutes a Class I City infraction and shall be dealt with in the manner provided by Ordinance No. 1610 (Civil Infraction Procedure). An assessment for a forfeiture of a Class I infraction shall not exceed $500.00. Section 12. Severability. The sections and subsections of this ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections and subsections. Section 13. Repeal. Ordinance No. 1861 is hereby specifically repealed. Section 14. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the City Council and approval by the Mayor. Approved as to form: ~. City Attorney. ate { `;!` r APPROVED: WILLIAM J. COSTINE, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST ~ ~ir Barney 0:~ Burris, Recorder City of Woodburn Oregon December 9. 1985 _ December 11 , 1985 December 11 1985 December 11 , 1985 Page 4 - COUNCIL BILL N0. 905 ORDINANCE N0. 1931