Chapter 13.04 - LOCAL IMPROVEMENT PROCEDURE

13.04.010 - Definitions.

As used in this chapter:

"Council" means the city council of the city of Elgin.

"Local improvement" means:

1. 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 15)

Chapter 13.08 - WATER SERVICE SYSTEM

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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 9)

13.08.100 - Taps and meters—Size.

The size of all taps and meters shall be determined by the city based on the amount of water needed.

(Ord. 5-1981 § 10)

13.08.110 - Taps and meters— 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 main within 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 § 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 § 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 § 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 § 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 § 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

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. 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 including building sewer connections from the property boundary to the primary sewer line.

"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 "storm sewer") 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 §§ 1—22)

(Res. No. 1319, 5-13-14)

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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 37)

13.12.170 - Costs.

A. All costs and expense incident to the installation and connection of a new or modified 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.

C. Upon approval of the building sewer installation including payment of all fees and costs associated therewith the building sewer installation that portion of the building sewer system on public property becomes a part of the public sewer as defined in Section 13.12.010.

(Ord. 3-1981 § 38)

(Res. No. 1319, 5-13-14)

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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 negligence or failure of the company to maintain safe conditions as required in Section 13.12.350.

(Ord. 3-1981 § 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 done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 3-1981 § 62)

Article VIII. - Violation—Penalty

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 § 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 § 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 § 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 § 66)

13.12.460 - Annual review.

The city council shall review the sewer use charges on an annual basis.

(Ord. 3-1981 § 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 § 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 § 3)

Chapter 13.16 - SEWER SERVICE RATES AND CHARGES

Article I. - Definitions

13.16.010 - Definitions.

As used in this chapter:

"Billing and administrative costs" means the costs of maintaining account records, billing and collection, account servicing, 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.

1. "Maintenance" means preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance, and replacement of equipment.

2. "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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 9)

Article III. - 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 § 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 § 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 § 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 § 4)

Article IV. - 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 V. - 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)

Chapter 13.17 - Responsibility, Payment, Delinquencies and Penalties

13.17.110 - Owner responsible for payment.

The person who owns the premises served by City utilities shall be the user and is ultimately responsible for payment of utility charges 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. 3-2025)

13.17.120 - Billing when.

The customer of the City utility system shall be billed monthly or bimonthly for services in accordance with the rate schedule provisions of this title and set by the required rate resolution(s).

(Ord. 3-2025)

13.17.130 - Charges due and payable when.

City utility charges shall be due and payable to the city, by the customer, no later than twenty (20) days after the date of billing.

(Ord. 3-2025)

13.17.140 - Delinquent charges generally.

City utility 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. The City shall first refer the customer with delinquent utility charges to a collections agency. Additional civil action to recover delinquent utility charges may include placing a lien on the property for which the service was provided, regardless of whether the customer is the tenant or the property owner. A lien may only be placed on a property for a tenant’s delinquent charges if a collections agency fails to recover charges. Upon adoption of this provision, existing liens for recovery of charges will not be repealed.

(Ord. 3-2025)

13.17.150 - Delinquent charges—Interest 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. 3-2025)

13.17.160 - Delinquent charges— Discontinuance of service.

In the event of failure to pay City utility charges after they have become delinquent, the City shall have the right to remove or close utility 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 tenant, or both. The process of civil action shall be consistent with EMC 13.17.140.

(Ord. 3-2025)

13.17.170 - Delinquent charges— Restoration of terminated service.

City utility 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. 3-2025)

13.17.180 - Delinquent charges—Change 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. 3-2025)