Code Table of Contents
PUBLIC SERVICES -
CHAPTERS
13.04 Local Improvement Procedure
13.08 Water Service System
13.12 Sewer Service System
13.16 Sewer Service Rates and Charges
Chapter 13.04 LOCAL IMPROVEMENT PROCEDURE
Sections:
13.04.010 Definitions.
13.04.020 Initiation of local improvement.
13.04.030 Method of assessment.
13.04.040 Notice of assessment.
13.04.050 Hearings.
13.04.060 Assessments.
13.04.070 Notice of proposed assessment.
13.04.080 Assessments become liens.
13.04.090 Review of assessments.
13.04.100 Alternative methods of financing.
13.04.110 Manner of doing work.
13.04.120 Deficit assessments or refunds.
13.04.130 Abandonment of proceedings.
13.04.140 Curative provisions.
13.04.150 Bonding of local improvements.
13.04.010 Definitions.
As used in this chapter:
"Council" means the city council of the city of Elgin.
"Local improvement means:
1. The grading, graveling, paving or other
surfacing of any street, or opening, laying out,
widening, extending, altering, changing the grade of or
constructing any street;
2. The construction or reconstruction of sidewalks;
3. The installation of ornamental street-lights;
4. The installation of underground wiring or
related equipment;
5. The reconstruction or repair of any street
improvement mentioned in this section;
6. The construction, reconstruction or repair of
any sanitary or storm sewer or water main;
7. The acquisition, establishment, construction or
reconstruction of any
off-street motor vehicle parking facility;
8. The construction, reconstruction or repair of
any flood control dike or dam;
9. The construction, reconstruction, installation
and equipping of a park, playground or neighborhood
recreation facility;
10. Any other local improvement for which an
assessment may be made on the property specially
benefitted.
"Lot" means lot, block or parcel of land.
"Owner" means the owner of the title to real property, or
the contract purchaser of real property, of record as
shown on the last available complete assessment rolls in
the office of the county assessor.
"Recorder" means the recorder serving as clerk of the
city or performing the clerical work of the city. (Ord.
2-1974 par 1)
13.04.020 Initiation of local improvement.
Whenever the city council shall desire a local
improvement it shall pass a resolution, which designates
the improvement to which an assessment is contemplated
and describes the boundaries of the district to be
assessed. The report shall contain a full description of
the project and a description of each lot specially
benefitted thereby, with the name of the owner of the
lot. The
report shall further contain an estimate of the probable
cost of such project, which estimate shall include legal,
administrative and engineering costs attributable to such
project, and a recommendation of a fair apportionment of
the whole or any portion of the cost of the project to
the property specially benefitted. (Ord. 2-1974 par 2)
13.04.030 Method of assessment.
The city council may:
A. Use any just and reasonable method of
determining the extent of any improvement consistent with
the benefits derived;
B. Authorize payment by the city of Elgin of all
or any part of the cost of any such improvement, provided
the method selected creates a reasonable relation between
the benefits derived by the property specially assessed
and the benefits derived by the city as a whole;
C. Use any method of apportioning the sum to be
assessed as is just and reasonable between the properties
determined to be specially benefitted.
(Ord. 2-1974 par 3)
13.04.040 Notice of assessment.
A. Promptly after the filing of the report
provided in Section 13.04.020, the city recorder shall
prepare a notice and this notice shall provide as
follows:
1. That such report is on file in the city
recorder's office and is subject to
examination;
2. The estimated probable cost of such
proposed improvement;
3. A brief statement of the area proposed
to be assessed therefor;
4. A statement notifying all persons
interested to present their objections to said
report, if any they have, before the city
council on a date specified in such notice,
not less than ten (10) days after the date of
the first publication, posting or mailing, as
provided in this section, of said notice.
B. The city council shall specify in a
resolution providing for the improvement whether the
notice provided for in this section shall be published,
mailed or posted as herein provided. If the city council
shall declare notice be published, the recorder shall
prepare the notice of publication containing the
information set forth in subsection A of this section,
together with the names of the record owners of the
property and a description thereof, either by street
number or other legal description, and cause the notice
to be published in a newspaper of general circulation,
either daily or weekly, within the city; that
publication shall take place at least twice prior to the
hearing provided for in this chapter.
C. If the city council shall determine to give
notice by mailing, the city recorder shall prepare a
notice containing the same information as provided for by
published notice, and this notice shall be deposited in
the post office not less than ten (10) days prior to the
hearing directed to the owner of each lot proposed to be
assessed.
D. If the city council shall determine to give
notice by posting, the city recorder shall prepare a
notice containing the same information as provided for by
published notice, and one copy thereof shall be posted in
the city hall and at least two copies thereof shall be
posted within the confines of the area where the proposed
improvement is to be carried out. (Ord. 2-1974 par 4)
13.04.050 Hearings.
At the time scheduled in the notice, the city
council shall hear and consider objections or
remonstrances to the proposed improvement by any persons
interested therein. After the hearing, if the city
council finds such report to be reasonable and just, it
may adopt the same or amend it, and if amended, adopt the
same by ordinance embodying such report. The council may
require a supplementary or further report. (Ord. 2-1974
par 5)
13.04.060 Assessments.
A. After the estimated cost of the local
improvement is ascertained on the basis of the contract
award or city departmental cost, or after the work is
done and the cost thereof has been actually determined,
the council shall determine whether the property
benefitted shall bear all or a portion of the cost.
The recorder, or other person designated by the council,
shall prepare the proposed assessment to the respective
lots within the assessment district and file it in the
city recorder's office.
B. Notice of such proposed assessment shall be
mailed or personally delivered to the owner of each lot
proposed to be assessed, which notice shall state the
amounts of assessments proposed on that property and
shall fix a date, not less than ten (10) days thereafter,
for further hearing before the council,
at which time objections to the proposed assessment may
be made by the affected property owners. The council
shall consider such objections and may adopt, correct,
modify or revise the proposed assessment, and shall
determine the amount of assessment to be charged against
each lot within the district, according to the special
and peculiar benefits accruing thereto from the
improvement, and shall by ordinance spread the
assessments. (Ord. 2-1974 par 6)
13.04.070 Notice of proposed assessment.
Whenever a notice is required to be sent to the
owner of a lot affected by a proposed assessment, such
notice shall be addressed to the owner or his agent. If
the address of the owner or of the owner's agent is
unknown to the recorder, he shall mail the notice
addressed to the owner or his agent at the city where
such property is located. Any mistake, error, omission or
failure with respect to such mailing shall not be
jurisdictional or invalidate the assessment proceedings,
but there shall be no foreclosure or legal action to
collect until notice has been
given by personal service upon the property owner, or, if
personal service cannot be had, then by publication once
a week for two successive weeks in a newspaper of general
circulation in the city where such property is located.
(Ord. 2-1974 par 7)
13.04.080 Assessments become liens.
Assessments shall become a lien upon the property
assessed from and after the passage of the ordinance
spreading the same and entry in appropriate city lien
records. The city may enforce collection of such
assessments as provided by Oregon Revised Statutes 223.
505 to 223.650. (Ord. 2-1974 par 8)
13.04.090 Review of assessments.
Owners of any property against which an assessment
for local improvements has been imposed may seek a review
thereof under the provisions of Oregon Revised Statutes
34.010 to 34.100. (Ord. 2-1974 par 9)
13.04.100 Alternative methods of financing.
Nothing contained in this chapter shall preclude
the city council from using other available means of
financing improvements, including federal or state grants
in aid, sewer service or other types of service charges,
revenue bonds, general obligation bonds, or other legal
means of finance. In the event any of such other
means of finance are used, the council may, in its
discretion, levy special assessments hereunder to cover
any part of the cost of the improvement not covered by
such means. (Ord. 2-1974 par 10)
13.04.110 Manner of doing work.
The council shall provide by resolution the time
and manner of doing the work of such project, and may
provide for the city to do the work itself, or may award
the work on contract. In the event that the work is done
under contract, bids shall be received after
advertisement for such time as the council may determine
on all such work, the estimated cost of which is more
than one thousand dollars ($1,000.00). The contract shall
be let to the lowest responsible bidder; provided, that
the council shall have the right to reject all bids when
they are deemed unreasonable or unsatisfactory. The
council shall provide for taking security by bond for the
faithful performance of any contract let under
its authority, and the provisions thereof, in case of
default, shall be enforced by action in the name of the
city of Elgin. (Ord. 2-1974 par 11)
13.04.120 Deficit assessments or refunds.
A. If the initial assessment has been made on
the basis of estimated cost, and upon the completion of
the work the cost is found to be greater than the
estimated cost, the council may make a deficit assessment
for the additional cost. Proposed assessments upon the
respective lots within the assessment district for the
proportionate share of the deficit shall be made; and
notices shall
be sent; opportunity for objection shall be given; such
objections shall be considered; and determination of the
assessment against each particular lot, block or parcel
of land shall be made as in the case of the initial
assessment; and the deficit assessment spread by
ordinance.
B. If the assessments have been made on the
basis of estimated cost, and upon completion the cost is
found to be less than the estimated cost, the council
must ascertain and declare the same, and when so
declared, it must be entered in the docket of city liens
as a credit upon the appropriate assessment.
If any such assessment has been paid, the person who paid
the same, or his legal representative, shall be entitled
to the payment of any portion of the rebate credit which
exceeds the assessment by a check on the city treasury.
(Ord. 2-1974 par 12)
13.04.130 Abandonment of proceedings.
The city council shall have full power and
authority to abandon and rescind proceedings for projects
hereunder at any time prior to the final consummation of
such proceedings, and if liens have been assessed upon
any property under this procedure, they shall be
canceled, and any payments made thereon shall be refunded
to the payor, his assigns or legal representatives. (Ord.
2-1974 par 13)
13.04.140 Curative provisions.
Except as otherwise provided in this chapter, no
such assessment shall be invalid by reason of a failure
to give in any report, in the proposed assessment, in the
ordinance making the assessment, in the lien docket or
elsewhere, the name of the owner of any lot or the name
of any person having a lien or interest
therein, or by a mistake in the name of any such person
or in the entry of a name other than a name of such owner
or other person having a lien upon or interest in such
property, or by reason of an error, mistake, delay,
omission, irregularity or other act, jurisdictional or
otherwise, in any of the proceedings or steps
hereinbefore specified, unless it appears that reasonable
notice had not been given of the hearing upon the
proposed assessment may, insofar as it affects the
person complaining, is unfair and unjust, and the council
shall have power and authority to remedy and correct all
such matters by suitable actions and proceedings. (Ord.
2-1974 par 14)
13.04.150 Bonding of local improvements.
The provisions of Oregon Revised Statutes 223.205
to 223.300, together with amendments or future amendments
thereof, are adopted and made a part of this chapter by
reference. (Ord. 2-1974 par 15)
Chapter 13.08 WATER SERVICE SYSTEM
Sections:
13.08.005 Definitions.
13.08.010 Applications for water.
13.08.020 Compliance with State Plumbing Code.
13.08.021 Backflow and cross-connections
prohibited.
13.08.030 Separate source of water supply.
13.08.040 Installation of service and meter.
13.08.050 Use by other persons.
13.08.060 Arrangement of service pipes.
13.08.070 Separate water service.
13.08.080 Water shutoff.
13.08.090 Defective fixtures.
13.08.100 Taps and metersþSize.
13.08.110 Taps and metersþ Installation.
13.08.120 City mains.
13.08.130 Access to property.
13.08.140 Improperly operating meters.
13.08.150 Ownership and repair of meters.
13.08.160 Access to city water fixtures.
13.08.170 Electric ground wires.
13.08.180 Liability for water.
13.08.190 Water service rates.
13.08.200 Meter reading and billing.
13.08.210 Turning off or on of city water
service.
13.08.220 Disturbance of city property.
13.08.230 Extension of water mains not within a
special assessment district.
13.08.240 Special assessment districts for
extension of water main.
13.08.250 Connection fee for previously
unassessed property.
13.08.260 Irrevocable consent to annex.
13.08.270 Water service outside city limits.
13.08.280 Culverts.
13.08.005 Definitions.
"Cross-connection" means any arrangement or combination
of pipe, tubing, fittings, etc. whereby it is possible,
intentionally or accidentally, to introduce any substance
(liquid, solid or gas) into the domestic water supply
lines of a facility
serviced by the city water supply system.
"Backflow" means any flow counter to the normal supply
flow direction of the domestic water supply lines of a
facility serviced by the city water supply system.
"Backflow prevention device" means a plumbing device
designed to prevent backflow in a domestic water supply
line approved by the state of Oregon for the specific
application intended. (Ord. 114 par 1 (part), 1996)
13.08.010 Applications for water.
Applications for the use of city water must be made
on printed forms to be furnished by the city. If the
applicant is not the owner of the property, then notice
that application for water use has been made by applicant
and that a lien shall attach to the property for
non-payment of water shall be mailed to the owner by the
city to the address of owner furnished by applicant
within three business days after application has been
made. In all cases, the applicant may be held responsible
for the payment of all charges and rentals for the use of
the same. (Ord. 5-1981 par 1)
13.08.020 Compliance with State Plumbing Code.
No connection shall be made, nor shall water
service be maintained, to any property in which the
plumbing does not comply with the provisions of the State
Plumbing Code. (Ord. 5-1981 par 2)
13.08.021 Backflow and cross-connections prohibited.
A. The city public works department shall adopt
rules to define and identify domestic water supply
services that require backflow prevention; provide for
licensing and inspections of all backflow prevention
devices within the city; and provide for the elimination
of any cross-connection to the domestic water supply
service of any facility that poses a potential threat to
the public welfare.
B. Water service, from the city water supply
system, shall be discontinued to any facility that has an
unauthorized cross- connection, or to any facility
without operating backflow prevention device(s) where
such device is required by the rules of the city public
works department. (Ord. 114 par 1 (part), 1996)
13.08.030 Separate source of water supply.
A. No connection shall be made, nor shall water
service be maintained, to any property in which the
plumbing is connected to another source of water supply,
whether a valve or valves intervene or not.
B. No person shall connect a separate source of
water supply to a plumbing system theretofore connected
to the city's water system, nor shall any person by
application therefor cause the city water system to be
connected to a plumbing system supplied by another water
source, whether such a separate water source can be
separated by a valve or not.
C. For the purpose of this section, such
separate water source shall be considered connected to
the city water system unless there be a complete break in
the piping between such separate water source and the
city water system.
(Ord. 5-1981 par 3)
13.08.040 Installation of service and meter.
A. The person applying for water service shall
furnish the city with a correct location and grade in
connection with the installation of such service and
meter prior to installation thereof.
B. In the event meter or service shall be
changed for the convenience of the property owner after
initial installation, the cost of such change shall be
borne by the property owner. (Ord. 5-1981 par 4)
13.08.050 Use by other persons.
No person in control of the property supplied with
water from city mains as provided in this chapter shall
permit another person or persons to use such water,
except such as is to be consumed on the premises from
which it is procured. (Ord. 5-1981 par 5)
13.08.060 Arrangement of service pipes.
A. Hereafter, all service pipes must be so
arranged that the supply to each separate house or
premises may be controlled by a separate stopcock placed
within and near the line of the street curb, or other
approved location, and one person must pay for all water
used through said service pipe.
B. For a building with a basement, a stop and
waste cock of approved pattern, by means of which the
pipes in the building may be drained, must in all cases
be placed just inside the basement wall in a convenient
location. If the building is not so provided with a
basement, such stop and waste cock must be
placed near the outside wall thereof or in another
location approved by the city engineer and protected by
a suitable box. If water is delivered through the service
line before supplying a building, or if the service does
not supply a building, such stop and waste cock shall be
installed in a suitable box within the
owner's property between the meter box and the first
delivery point and so located that all piping extending
therefrom may be properly drained.
C. All pipes from the meter or shutoff to the
premises must be installed in accordance with good
engineering practices, and maintained in good order by
the user. The user will be held responsible for any
losses or damages occurring from the meter or shutoff to
and including the premises, resulting from leaks,
freezing or otherwise. (Ord. 5-1981 par 6)
13.08.070 Separate water service.
Where property is under single ownership and water
is supplied through one service pipe to more than one
building, family or person, the city may either decline
to furnish water until separate service is provided, or
may continue the supply on the condition that one person
shall pay for all on the same service
pipe. (Ord. 5-1981 par 7)
13.08.080 Water shutoff.
A. The water may at any time be shut off from
the mains, without notice, for any necessary purpose, and
the city will not be responsible or liable for any
consequent damages.
B. In all cases where practicable, the city will
give the consumers at least twelve (12) hours' notice
before the water is shut off from the main.
C. When a fire alarm is turned on, all persons
shall immediately discontinue using water for sprinkling.
(Ord. 5-1981 par 8)
13.08.090 Defective fixtures.
Water will not be furnished where there are
defective or leaking faucets, closets or other fixtures,
or where there are closets or urinals without
self-closing valves, or tanks without self-acting float
valves and stop and waste valves at each hydrant and
house connection; and when such may be discovered, the
water shall be shut off from such premises and not again
turned on until the owner or occupant has made the
necessary repairs. (Ord. 5-1981 par 9)
13.08.100 Taps and metersþSize.
The size of all taps and meters shall be determined
by the city based on the amount of water needed. (Ord.
5-1981 par 10)
13.08.110 Taps and metersþ Installation.
A. The charges for installation of taps and
meters shall be as set forth in a resolution duly adopted
by the city council.
B. A water tap shall consist of the tapping
process at the water main and the installation of service
pipe and other necessary apparatus to the property line
nearest to the water main, but in no instance to exceed
a distance of fifty (50) feet. The cost of any service
greater than fifty (50) feet shall be borne by the
property owner. The installation and maintenance of water
service lines beyond the water meter shall be the
responsibility of the property owner or tenant requesting
and/or using the water.
C. Whenever a change is made in an existing
water tap or meter, either of size or location, there
shall be no credit for the previous installation charge,
except a credit may be allowed for the existing meter if
the service was installed within the previous three-year
period. (Ord. 5-1981 par 11)
13.08.120 City mains.
Only the city, or persons with written
authorization and permission from the city, shall be
allowed to make connections with the city mains or to
make alterations in conduit, pipe, or other fixtures
connected therewith, or to connect pipes when they have
been disconnected.
Only the city or licensed plumbers may turn water
on or off at the meter shutoff on any premises to test
their work. Licensed plumbers so turning on or off the
water shall see that the meter shutoff is in the same
condition as when first found. (Ord. 5-1981 par 12)
13.08.130 Access to property.
Except as provided in subsection B of this section,
city employees shall have access at all reasonable times
and hours to all parts of a building or premises in
which water is being delivered from the water main for
the purpose of inspecting the condition of the pipes and
fixtures and the manner in which
the water is used.
City employees shall only have access to the
interior of occupied dwellings or other living quarters
if permission is granted the city employee by the person
in charge of the property or if an emergency situation
exists necessitating the immediate entry of the city
employee. (Ord. 5-1981 par 13)
13.08.140 Improperly operating meters.
When a meter or indicator gets out of order or
fails to register correctly, the charge shall be
according to the average quantity of water used daily as
shown by the meter when in order, or if there be no such
average consumption, then the minimum rate of the city
shall apply. (Ord. 5-1981 par 14)
13.08.150 Ownership and repair of meters.
A. All water taps, including meters on the city
water system, are the property of the city, and any
repairs to said meters shall be made by the city.
B. If a meter is damaged by the carelessness or
negligence of the owner or occupant of the premises, the
city water department shall repair the meter and the cost
of such repair shall be charged against the property.
(Ord. 5-1981 par 15)
13.08.160 Access to city water fixtures.
No person or persons shall place upon or cover up
any hydrant, watergate, stopcock or meter box with any
building material or other substance so as to prevent
free access to the same at all times. (Ord. 5-1981 par
16)
13.08.170 Electric ground wires.
A. Electric ground wires attached to water pipes
shall be connected at one place only in each building and
in such a manner as to be easily accessible and
disconnected.
B. No water pipes shall be thawed by any
procedure involving any use of electric current, unless
such ground wires are first detached. (Ord. 5-1981 par
17)
13.08.180 Liability for water.
All lots, together with improvements thereon, to
which water is supplied by the city, are made liable to
the city for the rent of the water so supplied, and the
rent for the water shall be a lien on said property,
which may be enforced and foreclosed as provided for by
enforcement and foreclosure of other liens on
real property by the ordinances of the city. (Ord. 5-1981
par 18)
13.08.190 Water service rates.
A. Water service rates within the city shall be
as set forth in a resolution duly adopted by the city
council.
B. The council shall have authority to contract
for disposition of surplus water at such rates as may be
it be deemed proper.
C.
1. Any person residing within the limits of
the city of Elgin and who is over sixty-five
(65) years of age may apply for reduced water
service charge, for the dwelling unit occupied
by him, and whose application is approved,
shall pay the minimum monthly rate as set by
resolution by the city council. Applications
for reduced water service charges shall be on
forms supplied by the city, filed with or
mailed to the city water department. All
information required to be given on such forms
shall be supplied by the applicant and shall
be verified by him.
2. Reduced water service charges shall be
granted qualifying applicants therefor who
file their applications prior to June 30th for
the fiscal year beginning July 1st, and
extending through June 30th. Thereafter,
applications made prior to the first of any
month and approved shall be granted for the
following billing month and through the
balance of the fiscal year. All qualifying
senior citizens must submit new applications
annually during the months of May and June in
order for eligibility to be continued through
the next fiscal year from July 1st through the
following June 30th. A change of address of a
qualifying senior citizen terminates the
special rate provided in this section, but a
new application by the qualifying senior
citizen at his new address may be made and
when approved the reduced rates shall be
allowed. (Ord. 5-1981 par 19)
13.08.200 Meter reading and billing.
Meters will be regularly read, weather permitting,
and customers shall be billed for the quantity of water
consumed between readings. Statements for water charges
shall be rendered regularly and shall become delinquent
thirty (30) days
from the billing date. All statements shall show the
billing date. (Ord. 5-1981 par 20)
13.08.210 Turning off or on of city water service.
A person desiring to discontinue the use of water
service must give written notice to the city and pay all
water rents in arrears, whether such person has been
using the water or not.
The city may turn off water used by any person in
arrears on water rent, whether water was furnished at the
present residence or place of business of the patron or
elsewhere. The city may also turn off the water for the
violation of any other provision of this chapter. If any
person, other than an employee of the city, turns the
water back on, the service will be shut off, secured and
a penalty of twenty-five dollars ($25.00) charged against
the property.
Whenever the water has been turned off because of
delinquency in payment of the water bill or violation of
any other provision of this chapter, the person desiring
the water to be turned back on shall pay the service fee
for turning on the water, all penalties assessed against
the property and all arrears such person may owe for
water rent, whether furnished at the place for which it
is
applied for, or elsewhere.
An after-hours service fee shall be charged for
turning on of water service between the hours of four
p.m. and eight-thirty a.m., or on Saturdays, Sundays or
holidays. The service fee for turning water on and off
shall be set by resolution by the city council. (Ord.
5-1981 par 21)
13.08.220 Disturbance of city property.
No person or persons, other than city employees or
persons with written permission from the city, shall
disturb any of the property, tools, machinery, or other
appliance belonging or appertaining to the city
department, or use or remove any city fire hydrant, or
turn water on through the same. No private booster pump
shall be installed in any city main or any portion of
city line connected therewith up to the meter. (Ord.
5-1981 par 22)
13.08.230 Extension of water mains not within a special
assessment district.
A. When any person or persons who own or are in
possession of property which is not within a special
assessment district created for the purpose of installing
a water main desire to have city water installed or
extended so as to serve such property, such person or
persons shall make written request to the city council
for an estimate of the cost of such installation.
B. Upon receiving such a request, the city
council shall determine the size of the water main
appropriate to be so installed or extended, taking into
consideration both the immediate and remote probable use
and requirements of such water main, including its use by
property beyond and in addition to property owned or
possessed by the persons requesting such estimate. The
determination by the city council of the appropriate size
of water main so to be installed or extended shall be
made by the city council after it has received from the
city engineer an estimate of the whole cost of such
installation or extension, including, but not limited to,
the cost of labor, materials, equipment rental,
rights-of-way, legal, supervisory and administrative
costs.
C. If the city council shall provide by
resolution to proceed with such installation or
extension, either by having city employees do the work or
letting the work on contract, then:
1. Those persons requesting an installation
or extension of water mainwithin the city of
Elgin shall first pay to the city the
appropriate sum of money required by the rate
schedule set forth in a resolution duly
adopted by the city council.
2. Those persons requesting an installation
or extension of water main outside the limits
of the city of Elgin shall first pay to the
city the appropriate sum of money required by
the rate schedule set forth in a resolution
duly adopted by the city council. After the
installation or extension of water main is
completed, such persons shall in addition, pay
to the city the difference between that amount
already paid to the city for such installation
or extension and the actual cost thereof,
including, but not limited to, the cost of
labor, material, equipment, right-of-way,
legal, supervisory and administrative costs.
Any amount remaining owing shall be a lien on
the property until paid. The city shall not
make a refund if an excess exists between the
amount paid in accordance with the rate
schedule set forth in the resolution and the
actual cost of the installation or extension.
D. If the city council decides not to proceed
with an installation or extension of a water main within
the limits of the city of Elgin in accordance with
subsection (C)(1) of this section, the person requesting
such an installation or extension may, with the approval
of the city council, proceed in the same manner as
provided in subsection (C)(2) of this section for
extensions or installations of water main outside the
limits of the city.
E. Nothing in this chapter shall be construed as
requiring the city to proceed with such installation or
extension of water main, either at all or at any time.
F. Any person making connection with such water
main so installed or extended, shall be subject to pay
service charges for installation of taps and meters as
called for in this chapter or by resolution.
G. No person who shall have paid any money to
the city under the provisions of this section shall be
entitled to any contribution or refund from the city or
any other person who may thereafter receive water from
such water main or any extension thereof. (Ord. 5-1981
par 23)
13.08.240 Special assessment districts for extension of
water main.
A. Unless otherwise provided by an amendment to
this chapter and except as may be specifically otherwise
provided in particular instances by reason of unusual
conditions existing in particular special assessment
districts, the cost of installation or extension of water
mains in special assessment districts shall be
apportioned among property owners in such districts on
the basis of square feet of area in the lot, except that
area beyond one hundred ten (110) feet from the front lot
line shall not be considered in computing the amount of
square feet to be assessed.
B. When there is an installation or extension of
water main abutting property previously assessed by
special assessment district in accordance with the
provisions of subsection A of this section, the property
so previously assessed to the extent of one hundred ten
(110) feet is subject to additional assessment beyond one
hundred ten (110) feet to the extent it is so benefitted.
C. The rate per square foot for special
assessment districts shall be as follows:
1. For installation or extension of water
mains in special assessment districts situated
within the city of Elgin, the rate per square
foot shall be as set forth in a resolution
duly adopted by the city council.
2. For installation or extension of water
mains in special assessment districts situated
outside the limits of the city of Elgin, the
rate per square foot shall be as set forth in
a resolution duly adopted by the city council
or the actual cost of the installation or
extension of water main, whichever is greater.
The actual cost of the installation or
extension of the water main shall include but
not be limited to, the cost of labor,
material, equipment, right-of-way, legal,
supervisory and administrative costs. (Ord.
5-1981 par 24)
13.08.250 Connection fee for previously unassessed
property.
Any person, firm, corporation or property
designated to receive water from any water main or
extension thereof constructed which have not previously
been included in a water main improvement district or
have not paid for the extension of water main, shall pay
the same rate as the special assessment district set
forth in the current resolution adopted by the city
council. (Ord. 5-1981 par 25)
13.08.260 Irrevocable consent to annex.
Applications for water connections outside the
corporate limits of the city must be accompanied by an
irrevocable consent to annex, except when the applicant
for water connection outside the corporate limits of the
city applies in writing to the city council for a waiver
of this requirement and the application is granted. (Ord.
5-1981 par 26)
13.08.270 Water service outside city limits.
A. Where the property served or to be served is
located outside the limits of the city, installation and
service charges under this chapter shall be the same as
the property located within such limits.
B. Water service rates outside the limits of the
city shall be as set forth in a resolution duly adopted
by the city.
C. Except as otherwise provided herein or by
resolution duly adopted by the city where the property
served, or to be served, is located outside the limits of
the city, the water rates, penalties, and other financial
charges or impositions under this ordinance shall be two
hundred (200) percent of the rates, charges or
impositions in effect for property served within the
limits of the city.
D. Where the property served or to be served is
owned or occupied by an agency of Union County, Oregon,
the state of Oregon or the United States federal
government, the water rates, penalties, and all other
financial charges or impositions under this chapter shall
be the same, whether such property is located within or
without the limits of the city of Elgin.
E. Rates for water service for fire protection
purposes and rates for standby hydrants shall be as set
forth in a resolution duly adopted by the city.(Ord.
5-1981 par 27)
13.08.280 Culverts.
Any person seeking to place a culvert must obtain
city approval before installation. (Ord. 5-1986)
Chapter 13.12 SEWER SERVICE SYSTEM
Sections:
Article I. Definitions
13.12.010 Definitions.
Article II. Use of Public Sewers Required
13.12.020 Unsanitary disposal of waste.
13.12.030 Unlawful discharge of sewage.
13.12.040 Privies, septic tanks, etc.
13.12.050 Sewer connections required.
Article III. Private Sewage Disposal
13.12.060 Private disposal.
13.12.070 Permit.
13.12.080 Inspection.
13.12.090 Compliance with state recommendations.
13.12.100 Sewer connections.
13.12.110 Operation and maintenance.
13.12.120 Additional requirements.
13.12.130 Discontinuance of private disposal.
13.12.140 User fees.
Article IV. Building Sewers and Connections
13.12.150 Permits.
13.12.160 Applications.
13.12.170 Costs.
13.12.180 Separate installations.
13.12.190 Inspection of old building sewers.
13.12.200 Specifications for building sewers.
13.12.210 ElevationþLift.
13.12.220 Surface drainage.
13.12.230 Specifications for connections.
13.12.240 Inspection.
13.12.250 Persons permitted to install
connections with a sanitary sewer.
13.12.260 Owners permit.
13.12.270 Barricades- Restoration of public
property.
Article V. Use of the Public Sewers
13.12.280 Prohibited drainage in sanitary sewers.
13.12.290 Drainage in storm sewers.
13.12.300 Prohibited discharges in public sewers.
13.12.310 Substances prohibited in public sewers
except by permission.
13.12.320 Requirements for discharge of special
wastes.
13.12.330 Interceptors.
13.12.340 Pretreatment of flow equalization.
13.12.350 Manholes.
13.12.360 Sampling and testing.
13.12.370 Special arrangements.
Article VI. Protection from Damage
13.12.380 DamageþDisorderly conduct.
Article VII. Powers and Authority of Inspectors
13.12.390 Inspections - Right of entry.
13.12.400 Liability.
13.12.410 Easements.
Article VIII. Violation Penalty
13.12.420 Notice of violation.
13.12.430 Penalty.
13.12.440 Liability of violators.
Article IX. User Charges
13.12.450 Rates and assessments.
13.12.460 Annual review.
Article X. Floodplain Restrictions
13.12.470 No sewer service in floodplain.
13.12.480 Intent.
Article I. Definitions
13.12.010 Definitions.
Unless the content specifically indicates
otherwise, the meaning of terms used in this chapter
shall be as follows:
"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 twenty (20) degrees C,
expressed in milligrams per liter.
"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
the inner face of the building wall.
"Building sewer" means the extension from the
building drain to the public sewer or other places of
disposal.
"Combined sewer" means a sewer receiving both
surface runoff and sewage.
"Garbage" means solid wastes from the domestic or
commercial preparation, cooking and dispensing of food,
and from the handling, storage and sale of produce.
"Industrial wastes" means the liquid waste from any
nongovernmental user of publicly owned treatment works
identified in the Standard Industrial Classification
Manual, 1972, Office of Management and Budget, as amended
and supplemented under the following divisions:
1. Division A, Agriculture, Forestry and
Fishing.
2. Division B, Mining.
3. Division C, Manufacturing.
4. Division D, Transportation, Communications,
Electric, Gas and Sanitary Services.
5. Division I, Services.
A user in the divisions listed may be excluded if it
is determined that it will introduce primarily segregated
domestic waste or waste from sanitary conveniences.
"Inspector" means the state of Oregon plumbing
inspector or his authorized deputy, agent or
representative.
"Natural outlet" means any outlet into a
watercourse, pond, ditch, lake or other body of surface
or ground water.
"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.
"Properly shredded garbage" means the wastes from
the preparation, cooking and dispensing of food 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.
"Public sewer" means a sewer in which all owners of
abutting properties have equal rights and which is
controlled by public authority.
"Sanitary sewer" means a sewer which carries sewage
and to which storm, surface and ground waters are not
intentionally admitted.
"Sewage" means a combination of the water-carried
wastes from residences, business buildings, institutions
and industrial establishments, together with such ground,
surface and storm waters as may be present.
"Sewage treatment plant" means any arrangements of
devices and structures used for treating sewage.
"Sewage works" means all facilities for collecting,
pumping, treating and disposing of sewage.
"Sewer" means a pipe or conduit for carrying
sewage.
Shall; May. 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 during a
minimum fifteen (15) minute period more than five times
the average twenty-four (24) hour concentration or flows
during normal operation.
"Storm drain" (sometimes termed þstorm sewerþ)
means a sewer which carries storm and surface waters and
drainage, but excludes sewage and industrial wastes,
other than unpolluted cooling water.
"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.
(Ord. 3-1981 parpar 1þ22)
Article II. Use of Public Sewers Required
13.12.020 Unsanitary disposal of waste.
It is unlawful for any person to place, deposit or
permit to be deposited in any unsanitary manner on public
or private property within the city of Elgin, or in any
area under the jurisdiction of the city, any human or
animal excrement, garbage or other objectionable wastes.
(Ord. 3-1981 par 23)
13.12.030 Unlawful discharge of sewage.
It is unlawful to discharge to any natural outlet
within the city of Elgin, or in any area under the
jurisdiction of the city, any sewage or other polluted
waters, except where suitable treatment has been provided
in accordance with subsequent provisions of this chapter.
(Ord. 3-1981 par 24)
13.12.040 Privies, septic tanks, etc.
Except as hereinafter provided, it is unlawful to
construct or maintain any privy, privy vault, septic
tank, cesspool or other facility intended or used for the
disposal of sewage on any premises located within two
hundred (200) feet of a sewer line. (Ord. 3-1981 par 25)
13.12.050 Sewer connections required.
The owner of any house, building or property used
for human occupancy, employment, recreation or other
purposes, situated within the city and abutting on any
street, alley or right-of-way, in which there is now
located or may in the future be located a public sanitary
or combined sewer of the city, shall at his expense
install suitable toilet facilities therein and connect
such facilities directly with the proper public sewer, in
accordance with the provisions of this chapter, within
ninety days after date of official notice to do so;
provided, that said public sewer is within two hundred
(200) feet of the property line. There will be a two
hundred dollar ($200.00) minimum late fee charged after
ninety (90) days from the date of official notice. (Ord.
3-1981 par 26)
Article III. Private Sewage Disposal
13.12.060 Private disposal.
When a public sanitary or combined sewer is not
available under the provisions of Section 13.12.050, the
building sewer shall be connected to a private sewage
disposal system complying with the provisions of this
article. (Ord. 3-1981 par 27)
13.12.070 Permit.
Before commencement of construction of a private
sewage disposal system, the owner shall first obtain a
written permit signed by the inspector. The application
for such permit shall be made on a form furnished by the
city which the applicant shall supplement by any plans,
specifications and other information
as deemed necessary by the inspector. A permit and
inspection fee may be charged by the inspector. (Ord.
3-1981 par 28)
13.12.080 Inspection.
A permit for a private sewage disposal system shall
not become effective until the installation is completed
to the satisfaction of the inspector. He shall be allowed
to inspect the work at any stage of construction and, in
any event, the applicant for the permit shall notify the
inspector when the work is ready for final inspection and
before any underground portions are covered. The
inspection shall be made within a reasonable time after
the receipt of notice by the inspector. (Ord. 3-1981 par
29)
13.12.090 Compliance with state recommendations.
The type, capacities, location and layout of a
private sewage disposal system shall comply with all
recommendations of the Department of Environmental
Quality of the state of Oregon. No septic tank or
cesspool shall be permitted to discharge to any natural
outlet. (Ord. 3-1981 par 30)
13.12.100 Sewer connections.
At such time as a public sewer becomes available to
a property served by a private sewage disposal system, as
provided in Section 13.12.090, a direct connection shall
be made to the public sewer in compliance with this
chapter; and any septic tanks, cesspools and similar
private sewage disposal facilities shall be abandoned and
filled with suitable material. (Ord. 3-1981 par 31)
13.12.110 Operation and maintenance.
The owner shall operate and maintain the private
sewage disposal facilities in a sanitary manner at all
times, at no expense to the city. (Ord. 3-1981 par 32)
13.12.120 Additional requirements.
No statement contained in this article shall be
construed to interfere with any additional requirements
that may be imposed by the health officer or inspector.
(Ord. 3-1981 par 33)
13.12.130 Discontinuance of private disposal.
When a public sewer becomes available, the building
sewer shall be connected to said sewer within ninety (90)
days and the private sewage disposal system shall be
cleaned of sludge and filled with clean bank run gravel
or dirt. (Ord. 3-1981 par 34)
13.12.140 User fees.
A user fee will be charged to all property owners
to whom the sewer is available. (Ord. 3-1981 par 35)
Article IV. Building Sewers and Connections
13.12.150 Permits.
No unauthorized person shall uncover, make any
connections with or opening into, use, alter or disturb
any public sewer or appurtenance thereof without first
obtaining a written permit from the inspector. (Ord.
3-1981 par 36)
13.12.160 Applications.
There shall be two classes of building sewer permits:
A. For residential and commercial service;
B. For service to establishments producing
industrial wastes.
In either case, the owner or his agent shall make
application on a special form furnished by the city. The
permit application shall be supplemented by any plans,
specifications or other information considered pertinent
in the judgment of the inspector. A permit and inspection
fee for a residential or commercial building sewer permit
and for any industrial building sewer permit may be
charged by the inspector at the time the application is
filed. (Ord. 3-1981 par 37)
13.12.170 Costs.
A. All costs and expense incident to the
installation and connection of the building sewer shall
be borne by the owner. The owner shall indemnify the city
for any loss or damage that may directly or indirectly be
occasioned by the installation of the building sewer.
B. Before opening any street, alley or public
way, the city recorder shall require a cash deposit
sufficient to cover the cost of backfilling the trench
and restoring the street, alley or other public way to
its original condition. A permit may be issued by the
city recorder for the opening of a street, alley or
public way upon payment of the cash deposit, but the
inspector may in his sole judgment determine the manner
in which the excavation is to be made. (Ord. 3- 1981 par
38)
13.12.180 Separate installations.
A separate and independent building sewer shall be
provided for every building; except, where one building
stands at the rear of another or an interior lot and no
private sewer is available or can be constructed to the
rear building through an adjoining alley, court, yard or
driveway, the building sewer from the front building may
be extended to the rear building and the whole considered
as one building sewer. (Ord. 3-1981 par 39)
13.12.190 Inspection of old building sewers.
Old building sewers may be used in connection with
new buildings only when they are found, on examination
and test by the inspector, to meet all requirements of
this chapter. (Ord. 3-1981 par 40)
13.12.200 Specifications for building sewers.
The size, slope, alignment, materials of
construction of a building sewer, and the methods to be
used in excavating, placing of the pipe, jointing,
testing and backfilling the trench, shall all conform to
the requirements of the building and plumbing code or
other applicable rules and regulations of the city. In
the
absence of code provisions of in amplification thereof,
the materials and procedures set forth in appropriate
specifications of the ASTM and WOCF Manual of Practice
No. 9 shall apply. (Ord. 3-1981 par 41)
13.12.210 Elevation-Lift.
Whenever possible, the building sewer shall be
brought to the building at the elevation below the
basement floor. In all buildings in which any building
drain is too low to permit gravity flow to the public
sewer, sanitary sewage carried by such building drain
shall be lifted by an approved means and
discharged to the building sewer. (Ord. 3-1981 par 42)
13.12.220 Surface drainage.
No person shall make 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. (Ord.
3-1981 par 43)
13.12.230 Specifications for connections.
The connection of the building sewer into the
public sewer shall conform to the requirements of the
building and plumbing codes or other applicable rules and
regulations of the city, or the procedures set forth in
appropriate specifications of the ASTM and the WOCF
Manual of Practice No. 9. All such connections shall be
made gastight and watertight. Any deviation from the
prescribed procedures and materials must be approved by
the inspector before
installation. (Ord. 3-1981 par 44)
13.12.240 Inspection.
All work done in connection with any permit and in
construction or installation of any sewer connection
shall be done under the inspection and subject to the
approval of the inspector, and shall be inspected and
approved by him before the same is covered. Any sewer
that is covered before it is inspected and approved,
shall be reopened at the sole expense of the applicant in
such manner as to be sufficient to permit a thorough
inspection of the work. Any work found to be defective
or not in conformity with provisions of this chapter
shall be removed and replaced in a manner and with
materials as herein specified. All such work shall be
completed within forty-eight (48) hours from the
date designated as the beginning date of such permit,
excluding, however, Saturdays, Sundays and other
holidays. (Ord. 3-1981 par 45)
13.12.250 Persons permitted to install connections with
a sanitary sewer.
It is unlawful for any person other than a plumber,
licensed by the state of Oregon as such, or an officer,
or employee of the city of Elgin, to make any opening in
any sanitary sewer owned and operated by the city of
Elgin, or to connect any private sewer therewith. (Ord.
3-1981 par 46)
13.12.260 Owners permit.
Nothing in this chapter shall be construed as
prohibiting a bona fide owner or a member of his family
from personally installing or repairing the sewer
connected to his building and located upon his premises
providing, such building is a residence and is used for
the occupancy of himself and his family as a dwelling
place and, providing further, that any such installation
or repair work shall meet the requirements of this
chapter in all respects, and shall pass the inspection of
the inspector or other authorized agents of the city.
(Ord. 3-1981 par 47)
13.12.270 Barricades - Restoration of public property.
All excavations for building sewer installation
shall be adequately guarded with barricades and lights so
as to protect the public 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. (Ord. 3-1981 par 48)
Article V. Use of the Public Sewers
13.12.280 Prohibited drainage in sanitary sewers.
No person shall discharge or cause to be discharged
any stormwater, surface water, groundwater, roof runoff,
subsurface drainage, uncontaminated cooling water or
unpolluted industrial process waters into any sanitary
sewer. (Ord. 3-1981 par 49)
13.12.290 Drainage in storm sewers.
Stormwater and all other unpolluted drainage shall
be discharged to such sewers as are specifically
designated as combined sewers or storm sewers, or to a
natural outlet approved by the inspector. Industrial
cooling water or unpolluted process waters may be
discharged, on approval of the inspector, to a storm
sewer, combined sewer or natural outlet. (Ord. 3-1981 par
50)
13.12.300 Prohibited discharges in public sewers.
No person shall discharge or cause to be discharged
any of the following described waters or wastes to any
public sewers:
A. Any gasoline, benzene, naphtha, fuel oil or
other flammable or explosive liquid, solid or gas;
B. 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, to constitute a hazard to humans or animals, to
create a public nuisance or to 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 CH
in the wastes as discharged to the public sewer;
C. Any waters or wastes having a pH lower than
5.5 or having any other corrosive property capable of
causing damage or hazard to structures, equipment and
personnel of the sewage works;
D. 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, unground
garbage, whole blood, paunch manure, hair and flesh-ings,
entrails and paper dishes, cups, milk containers, etc.,
either whole or ground by any means, including but not
limited to, garbage disposals. (Ord. 3-1981 par 51)
13.12.310 Substances prohibited in public sewers except
by permission.
No person shall discharge or cause to be discharged
the following described substances, materials, waters or
wastes if it appears likely in the opinion of the
inspector that such wastes can harm either the sewers,
sewage treatment process or equipment, have an adverse
effect on the receiving stream or can otherwise endanger
life, limb, public property or constitute a nuisance. In
forming his opinion as to the acceptability of these
wastes, the inspector 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 sewagetreatment 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 one hundred fifty (150) degrees (sixty-five
(65) degrees C);
B. Any waters or wastes containing fats, wax,
grease or oils, whether emulsified or not, in excess of
one hundred (100) mg/l or containing substances which may
solidify or become viscous at temperatures between
thirty-two (32) and one hundred fifty (150) degrees F
(zero and sixty-five (65) degrees C);
C. Any garbage that has not been properly
shredded. The installation and operation of any garbage
disposal equipped with a motor of 3/4 horsepower (0.76 hp
metric) or greater shall be subject to the review and
approval of the inspector;
D. Any waters or wastes containing strong acid
iron pickling wastes or concentrated plating solutions,
whether neutralized or not;
E. Any waters or wastes containing iron,
chromium, copper, zinc and similar objectionable or toxic
substances; or wastes exerting an excessive chlorine
requirement, to such degree that any such material
received in the composite sewage at the sewage treatment
works exceeds the limits established by the inspector for
such materials;
F. Any waters or wastes containing phenols or
other taste- or odor- producing substances, in such
concentrations exceeding limits which may be established
by the inspector 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;
G. Any radioactive wastes or isotopes of such
half life or concentration as may exceed limits
established by the inspector in compliance with the
applicable state or federal regulations;
H. Any waters or wastes having a pH in excess of
9.5;
I. Materials which exert or cause:
1. Unusual concentrations of inert
suspended solids (such as, but not limited to,
fuller's earth, lime slurries and lime
residues) or of dissolved solids (such as, but
not limited to, sodium chloride and sodium
surface),
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 in
this chapter;
J. 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 degree that the sewage
treatment plant effluent cannot meet the requirements of
other agencies having jurisdiction over discharge to the
receiving waters. (Ord. 3-1981 par 52)
13.12.320 Requirements for discharge of special wastes.
If any waters or wastes are discharged, or are
proposed to be discharged to the public sewers, which
waters contain the substances or possess the
characteristics enumerated in Section
13.12.310 of this article and which in the judgment of
the inspector may have 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 inspector 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 Section
13.12.370 of this article.
If the inspector 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 inspector and subject to the
requirements of all applicable codes, ordinances and
laws. (Ord. 3-1981 par 53)
13.12.330 Interceptors.
Grease, oil and sand interceptors shall be provided
when, in the opinion of the inspector, 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 inspector and shall
be located as to be readily and easily accessible for
cleaning and inspection. (Ord. 3-1981 par 54)
13.12.340 Pretreatment of flow equalization.
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. (Ord.
3-1981 par 55)
13.12.350 Manholes.
When required by the inspector, 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 in accordance with plans approved by the
inspector. 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. (Ord. 3-1981 par 56)
13.12.360 Sampling and testing.
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 will determine whether
a twenty-four (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 solids analyses are obtained from
twenty-four (24) hour composites of all outfalls, whereas
pHs are determined from periodic grab samples.) (Ord.
3-1981 par 57)
13.12.370 Special arrangements.
No statement contained in this article 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.
(Ord. 3-1981 par 58)
Article VI. Protection from Damage
13.12.380 Damage-Disorderly conduct.
No unauthorized person shall maliciously, wilfully
or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment
which is a part of the sewage works. (Ord. 3-1981 par 59)
Article VII. Powers and Authority of Inspectors
13.12.390 Inspections-Right of entry.
The inspector and duly authorized employees and
agents of the city, bearing proper credentials and
identification, shall be permitted to enter all
properties for the purposes of inspection, observation,
measurements, sampling and testing in accordance with the
provisions of this chapter. The inspector or his
representatives shall have no authority to inquire into
any processes including metallurgical, chemical, oil
refining, ceramic, paper or other industries beyond that
point having a direct bearing on the kind and source of
discharge to the sewers or waterways or facilities for
waste treatment. (Ord. 3-1981 par 60)
13.12.400 Liability.
While performing the necessary work on private
properties referred to in Section 13.12.390, the
inspector or duly authorized employees of the city shall
observe all safety rules applicable to the premises
established by the company; and the company shall be held
harmless for injury or death to the city employees; and
the city shall indemnify the company against loss or
damage to its property by city employees and against
liability claims and demands for personal injury or
property damage asserted against the company and growing
out of the gauging and sampling operation; except as such
may be caused by egligence or failure of the company to
maintain safe conditions as required in Section
13.12.350. (Ord. 3-1981 par 61)
13.12.410 Easements.
The inspector and duly authorized employees and
agents of the city, bearing proper credentials and
identification, shall be permitted to enter all private
properties through which the city holds a duly negotiated
easement for the purposes of, but not limited to,
inspection, observation, measurements, sampling, repair
and maintenance of any portion of the sewage works lying
within said easement. All entry and subsequent work, if
any, on said easement shall be one in full accordance
with the terms of the duly negotiated easement pertaining
to the private property involved. (Ord. 3-1981 par 62)
Article VIII. ViolationþPenalty
13.12.420 Notice of violation.
Any person found to be violating any provision of
this chapter, except Article VI, shall be served by the
city 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. (Ord. 3-1981 par 63)
13.12.430 Penalty.
Any person who shall continue any violation beyond
the time limit provided for in Section 13.12.420 shall be
guilty of an offense, and on conviction thereof shall be
fined in the amount not exceeding one hundred dollars
($100.00) for each violation. Each day in which any such
violation shall continue shall be deemed a separate
offense. (Ord. 3-1981 par 64)
13.12.440 Liability of violators.
Any person violating any of the provisions of this
chapter shall become liable to the city for any expense,
loss or damage occasioned by the city by reason of such
violation. (Ord. 3-1981 par 65)
Article IX. User Charges
13.12.450 Rates and assessments.
The city council shall, by resolution, establish
rates, hookup fees and other assessments it deems
necessary for the use of the sewer. (Ord. 3-1981 par 66)
13.12.460 Annual review.
The city council shall review the sewer use charges
on an annual basis. (Ord. 3-1981 par 67)
Article X. Floodplain Restrictions
13.12.470 No sewer service in floodplain.
Farmers Home Administration rules generally
prohibit the extension of sewer service into the one
hundred (100) year floodplain; therefore, without express
agreement from Farmers Home Administration that a certain
anticipated development does not violate FmHA rules, city
sewer service shall not be extended into the one hundred
(100) year floodplain. (Ord. 4-1992 Art. II par 2)
13.12.480 Intent.
The intent of these restrictions is to prohibit
development in the one hundred (100) year floodplain. Any
interpretation of the governing ordinances shall
recognize this intent. (Ord. 4-1992 Art. II par 3)
Chapter 13.16 SEWER SERVICE RATES AND CHARGES
Sections:
Article I. Definitions
13.16.010 Definitions.
Article II. Sewer User Charges
13.16.020 User charges generally.
13.16.030 Commercial and residential users.
13.16.040 Special cases.
13.16.050 Industrial users.
13.16.060 Schools and sanitary facilities at
lumber mills.
13.16.070 Review of user charge.
13.16.080 Commencement of charges.
13.16.090 Notification of charges attributable to
operation, maintenance and
replacement costs.
13.16.100 Disconnection at customer request.
Article III. Responsibility, Payment, Delinquencies and
Penalties
13.16.110 Owner responsible for payment.
13.16.120 Billing when.
13.16.130 Charges due and payable when.
13.16.140 Delinquent charges generally.
13.16.150 Delinquent chargesþ Interest and
penalty.
13.16.160 Delinquent chargesþ Discontinuance of
service.
13.16.170 Delinquent chargesþ Restoration of
terminated service.
13.16.180 Delinquent chargesþ Change in ownership
or occupancy.
Article IV. Handling of funds
13.16.190 Bills addressed where.
13.16.200 Collection of charges.
13.16.210 Revenues deposited in sewer fund.
13.16.220 Use of revenues deposited in sewer
fund.
Article V. Appeals
13.16.230 Appeals.
Article VI. User Charges Not Property Tax
13.16.240 User charges not property tax.
Article I. Definitions
13.16.010 Definitions.
As used in this chapter:
"Billing and administrative costs" means the costs
of maintaining accountrecords, billing and collection,
accountservicing, financial accounting, etc.
"Capital costs" means the costs of acquiring the
treatment and collection facilities, costs for debt
service and insurance on facilities. These costs are
incurred and ongoing independent of the operation of the
system.
"Commercial user" means any user at a property
which is used for commercial or business purposes which
is not an "industrial" user; i.e., one whose effluent is
characteristic of residential sanitary waste.
"Customer" means the person who receives service
from the system and is directly responsible for the user
charges assessed for the service received. The customer,
if not the owner, is deemed to be the agent of the owner
in receiving service from the system, and does so with
the knowledge and under the direction of the owner.
"Industrial user" means any user generating
industrial wastes.
"Industrial waste" means the fluid wastes or solid
wastes suspended in fluids, not characteristic of
residential sanitary waste, discharged into the city's
sanitary sewer, from a manufacturing, processing or
assembly facility, e.g., liquid chemicals, agricultural
process wastes, mud, etc.
"Operating cost" means the cost of operation and
maintenance of the treatment and collection facilities.
"Operation and maintenance" means activities
required to ensure the dependable and economical function
of collection and treatment works.
"Maintenance" means preservation of functional
integrity and efficiency of equipment and structures.
This includes preventive maintenance, corrective
maintenance, and replacement of equipment.
"Operation" means control of the unit processes and
equipment that make up the collection and treatment
works. This includes keeping management records,
laboratory, process, safety and emergency operations,
employment of attorneys and consultants, payment of court
costs, and payment of any costs or fees reasonably
associated with any of the above.
"Owner" means the owner of record of the property
to which service is provided.
"Replacement" means obtaining and installing
equipment accessories or appurtenances that are necessary
during the design or useful life, whichever is longer, of
the collection and treatment works to maintain the
capacity and performance for which such works were
designed and constructed. "Residential user" means
user of a single-family or multifamily dwelling.
"User" means the owner of property using any part
of the public sewer treatment works of the city of Elgin,
including developed properties where a sewer service tap
is available to the property whether or not the property
is occupied.
"User charge" means the charges for service billed
to users (or their agents) of the public treatment works,
and shall at a minimum, cover each user's proportionate
share of the cost of administration, acquisition, debt
service, operation and maintenance of such works as
provided under Section 204(b)(1)(A) of the Clean Water
Act. (Ord. 2-1992 Art. II)
Article II. Sewer User Charges
13.16.020 User charges generally.
User charges shall be billed to all customers of
the public sewer treatment works. Such charges shall
cover the cost of operation and maintenance, replacement,
debt service and administrative costs of such treatment
works. The user charge system shall distribute these
costs in proportion to each customer's contribution to
the expenses of billing and administration, operation and
maintenance, and capital costs of the treatment works.
(Ord. 2-1992 Art. III par 1)
13.16.030 Commercial and residential users.
The user charge for commercial and residential
users shall be calculated as follows:
A. Billing and administration costs are to be
charged equally to all user accounts.
B. Operating costs are to be charged to each
user based on the total monthly use as determined by the
normalized metered water use.
1. The monthly rate in dollars per cubic feet
for residential users is determined by dividing the
average monthly revenue required for operation,
maintenance and replacement costs, (i.e., the budgeted
operating costs divided by twelve (12)) by the total
cubic feet of water metered for the billing month.
2. The monthly rate in dollars per cubic feet
for commercial users shall be determined by dividing the
average monthly operation, maintenance and replacement
costs by the total monthly system water use metered for
the month of May (and June) of the current year.
C. Capital costs shall be charged equally to all
units served by the system. Units served for each account
shall be counted as one for the first unit served by a
sewer tap and 0.6 for each additional living unit where
multiple units are legally served by a single tap. (Ord.
2-1992 Art. III par 2)
13.16.040 Special cases.
The user charges, and other system charges for
special cases shall be set by resolution of the city
council on a yearly basis. These rates shall be set
according to the requirements of Sections 13.16.020 and
13.16.030. The rate resolution shall charge all customers
for their proportionate share of the system operation and
maintenance costs, however special rates may
differentiate charges for debt service. The rate
resolution may provide for minimum charges. (Ord. 2- 1992
Art. III par 3)
13.16.050 Industrial users.
Rates for industrial users shall be set by council
resolution. Such rates shall charge to the user the
incurred system costs in proportion to the user's
contribution to the expenses of the collection and
treatment works. (Ord. 2-1992 Art. III par 4)
13.16.060 Schools and sanitary facilities at lumber
mills.
Rates for the schools and the sanitary facilities
at the lumber mill(s) shall be charged on the basis of
volume used as determined by the number of persons
occupying these facilities. OAR Chapter 340 Div. 71, DEQ
on site sewage disposal or similar reference shall serve
to determine the volume of sewer use per person. The
rates are to be set by council resolution in line with
the charges assessed for commercial users. (Ord. 2-1992
Art. III par 5)
13.16.070 Review of user charge.
Should any user believe that he has been
incorrectly assigned a number of units or classification,
that user may apply for a review of his user charge as
provided in Article V of this chapter. (Ord. 2-1992 Art.
III par 6)
13.16.080 Commencement of charges.
The sewer user charges for all occupied property
shall begin fifteen (15) days after the sewer service
becomes available or the day connection is made to the
public sewer, whichever occurs first. The sewer user
charge for all unoccupied property shall begin within
fifteen (15) days after the property is ready for
occupancy or on the first day of occupancy, whichever
occurs first. All unoccupied property which is ready for
occupancy at the time the sewer service becomes available
shall be treated as occupied property. Once the sewer
user charge has commenced, no credit shall be given for
vacancy unless it can be demonstrated that water service
to that property from any and all sources has been
discontinued, at which time the user charge shall be
reduced to no less than the rate required for billing and
administration cost and the capital and debt service
costs. The regular user charge shall be reinstated as
soon as water service to that property from any source
has begun. If the dates upon which the user charge is
commenced or altered does not fall on the first day of a
billing period, the rates shall be appropriately
prorated. (Ord. 2-1992 Art. III par 7)
13.16.090 Notification of charges attributable to
operation, maintenance and replacement costs.
Each customer shall be notified on not less than an
annual basis, in conjunction with a regular bill, of the
user charges which are attributable to operation,
maintenance and replacement costs of sewer collection,
treatment and disposal. (Ord. 2-1992 Art. III par 8)
13.16.100 Disconnection at customer request.
A user, at his expense, may have the sewer line
disconnected from the system to avoid billing and debt
service charges. Note: City ordinance requires all
sanitary sewerage to be disposed of into the city sewer
system. Therefore, any property disconnected from the
system cannot be occupied or obtain water service without
evidence that no sewerage is being produced at the
property. (Ord. 2-1992 Art. III par 9)
Article III. Responsibility, Payment, Delinquencies and
Penalties
13.16.110 Owner responsible for payment.
The person who owns the premises served by the
sewerage system shall be the user and is ultimately
responsible for payment of the sewer user charge for that
property notwithstanding the fact that the property may
be occupied by a tenant (customer) who is not the owner,
who may be billed by the city and required by the owner
to pay said charges. (Ord. 2-1992 Art. IV par 1)
13.16.120 Billing when.
The customer of the sewerage system shall be billed
monthly or bimonthly for services in accordance with the
rate schedule provisions in Article IV of this chapter
and set by the required rate resolution(s). (Ord. 2-1992
Art. IV par 2)
13.16.130 Charges due and payable when.
Sewer user charges shall be due and payable to the
city, by the customer, no later than twenty (20) days
after the date of billing. (Ord. 2-1992 Art. IV par 3)
13.16.140 Delinquent charges generally.
Sewer user charges levied in accordance with this
chapter shall be a debt due to the city for services
rendered. If this debt is not paid by the customer within
ten (10) days after it is due and payable, it shall be
deemed delinquent and may be recovered by civil action in
the name of the city against the customer or the property
owner, or both. This civil action of the city may include
placing a lien on the property for which the service was
provided. (Ord. 2-1992 Art. IV par 4)
13.16.150 Delinquent chargesþInterest and penalty.
Monthly interest shall accrue on all accounts from
the date of delinquency. In addition, a penalty shall be
assessed on the date of delinquency which shall be added
to the account and shall accrue interest in the same
manner as all other delinquent charges. The rate of
interest and the amount of penalty is to be set by
council resolution. (Ord. 2-1992 Art. IV par 5)
13.16.160 Delinquent chargesþ Discontinuance of
service.
In the event of failure to pay sewer charges after
they have become delinquent, the city shall have the
right to remove or close sewer connections and enter upon
the property for accomplishing such purposes. The expense
of such discontinuance, removal or closing, as well as
the expense of restoring service shall be a debt due to
the city and lien upon the property and may be recovered
by civil action in the name of the city against the
property owner, the person, or both. See Note in Section
13.16.100. (Ord. 2-1992 Art. IV par 6)
13.16.170 Delinquent chargesþ Restoration of terminated
service.
Sewer service terminated due to delinquency in
payment shall not be restored until all charges,
including interest accrued and the expense of removal,
closing and restoration shall have been paid in full.
(Ord. 2-1992 Art. IV par 7)
13.16.180 Delinquent chargesþChange in ownership or
occupancy.
Change in ownership or occupancy of premises found
delinquent shall not be cause of reducing or eliminating
these charges and/or penalties. (Ord. 2-1992 Art. IV par
8)
Article IV. Handling of Funds
13.16.190 Bills addressed where.
Bills for sewer user charges will be mailed to the
address specified in the application for service unless
or until a new address of the owner of the property or
customer is reported to the city office. (Ord. 2-1992
Art. V par 1)
13.16.200 Collection of charges.
All collections of sewer user charges shall be made
by the city recorder. Sewer user charges shall be
computed as provided in Article II and shall be payable
as provided in Article III. (Ord. 2-1992 Art. V par 2)
13.16.210 Revenues deposited in sewer fund.
The city recorder is directed to deposit in the
sewer fund all of the gross revenues received from
charges, rates, and penalties collected for the use of
the sewerage system as provided in this chapter. (Ord.
2-1992 Art. V par 3)
13.16.220 Use of revenues deposited in sewer fund.
The revenues thus deposited in the sewer fund shall
be used exclusively for the operation, maintenance and
repair of the sewerage system; administration costs;
expenses for collection of charges imposed by this
chapter and payments of the principal and interest on any
debts of the sewerage system of the city; and/or reserved
for the future expenditure of the enumerated expenses.
(Ord. 2-1992 Art. V par 4)
Article V. Appeals
13.16.230 Appeals.
Appeal of any charges billed by the city shall be
made in writing to the city recorder within twenty (20)
days of the billing of such charges. The recorder shall
respond in writing within five days of receipt of the
appeal. If the user wishes to appeal further, he shall
request in writing that the city recorder place his
specific appeal on the next regularly scheduled city
council meeting. The decision of the city council shall
be final. (Ord. 2-1992 Art. VI)
Article VI. User Charges Not Property Tax
13.16.240 User charges not property tax.
The city of Elgin finds that the user charge, fees,
assessments and penalties established by this chapter are
for services rendered and/or incurred charges of the
owner of the property or his agent, and are therefore not
subject to the property tax limitations of Article XI,
Section 11b of the Oregon Constitution, i.e., Ballot
Measure 5, 1990. (Ord. 2-1992 Art. IX)