Chapter 21.04
DEFINITIONS
(New Chapter substituted by Ord. No.
149319; passed March 27, effective
April 28, 1980.)
Sections:
21.04.010 Applicant.
21.04.020 Bureau.
21.04.030 Manager.
21.04.040 Rates.
21.04.050 Billing Period.
21.04.060 Date of Presentation.
21.04.070 Service Charge.
21.04.080 Commodity Rates.
21.04.090 Minimum Meter Charge.
21.04.100 Customer.
21.04.110 Premises.
21.04.120 Distribution Mains.
21.04.130 Transmission System.
21.04.140 Gravity System.
21.04.150 Pumped System.
21.04.160 Main Extension.
21.04.170 Service Branch.
21.04.180 System Development Charge.
21.04.190 Service Connection.
21.04.200 Outside City Distributor.
21.04.210 Shut Off Valve.
21.04.010 Applicant.
The person, persons, association, corporation, or governmental agency applying for water service.
21.04.020 Bureau.
The Bureau of Water Works, being the official agency of the City of Portland charged with responsibility of furnishing water supply to the City and administering the sale of surplus water outside the City.
21.04.030 Manager.
For the purposes of this Code, Manager refers to the person in charge of the Bureau of Water Works.
21.04.040 Rates.
The rates or amounts fixed by the Bureau and established by ordinance to be charges for water service supplied by the Bureau to its customers.
21.04.050 Billing Period.
The time interval between two consecutive meter reading dates or such other time interval used for billing purposes.
21.04.060 Date of Presentation.
The day on which a bill or notice is mailed or delivered by the Bureau to the customer.
21.04.070 Service Charge (Customer Charge).
A fixed charge per month or multiple or fraction thereof, based on meter size. The charge, under special conditions, shall be based on the size of the service connection.
21.04.080 Commodity Rates.
A charge based on the amount of water used per 100 cubic feet or fraction thereof.
21.04.090 Minimum Meter Charge.
A charge for each meter in excess of one, imposed when a customer is granted aggregate billing for water service supplied by two or more meters, each connected to a separate service. When any service in the aggregated billing situation supplies more than one meter, the minimum meter charge shall be made for each service in excess of one.
21.04.100 Customer.
Any person, persons, association, corporation, or governmental agency supplied or entitled to be supplied with water service by the Bureau in accordance with established rates and charges.
21.04.110 Premises.
Integrated land area including improvements thereon undivided by public thoroughfares or water distribution mains of the Bureau and under single or common ownership where all parts of the premises are operated under the same management and for the same purpose.
21.04.120 Distribution Mains.
Water pipelines located in streets, public ways, or private rights of way, exclusive of service connections, which are used to convey water to the general public for customer service and fire protection.
21.04.130 Transmission System.
Those water mains and related facilities connecting with storage reservoirs, wells, or pumping facilities for the purpose of delivering water to distribution mains. It includes all supply mains, pumping storage, or other facilities required for service.
21.04.140 Gravity System.
That portion of the water transmission and distribution system which normally receives water by gravity flow from the source without the installation of pumping facilities; the gravity system may include pumps utilized for intermittent delivery of water from wells into the gravity system and distribution line booster pumps used to improve operating conditions.
21.04.150 Pumped System.
Any portion of the water distribution system which because of topography or elevation may not readily be served by a normal extension of the gravity system and which requires the installation and operation of special pumping facilities, supply mains, or storage facilities to provide service.
21.04.160 Main Extension.
The extension of water distribution mains beyond previously existing facilities.
21.04.170 Service Branch.
An unused service pipe from the distribution main to the future meter location.
21.04.180 System Development Charge.
(Amended by Ordinance Nos. l57406 and 164060, effective April 17, l991.) A charge imposed upon each new service connection (and on increases in the size of old connections) within the City limits. The System Development Charge will be based upon calculations provided for in the water rate ordinance.
New Water Service Connections solely for fire protection purposes shall be exempt from payment of the System Development Charge.
21.04.190 Service Connection.
“Service connection” is the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter and to the property line. Where the meter is on private property, service connection is the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter and the angle meter coupling on service connections of 1 inch or less and through the downstream meter valve on service connections of more than 1 inch.
21.04.200 Outside City Distributor.
Any water district, City, water company, association, or other agency supplying surplus water furnished by the City to customers outside the City limits.
21.04.210 Shut Off Valve.
A shut off valve is a device for directly stopping the flow of water to the property/premise. It must be of an approved design and must be installed either within the basement (at the system’s low point) or within 3 feet of the outside wall where the waterline enters a facility without a basement. Suitable protection to prevent damage must be provided on installation.
Chapter 21.08
EXTENSION OF WATER MAINS
(Replaced by Ord.
No. 168240, Oct. 26, 1994.)
Sections:
21.08.010 Payment for Mains from Water Construction Fund.
21.08.020 Mains May Not Be Laid at City Expense.
21.08.030 Distribution Main Extensions Inside City.
21.08.040 Distribution Main Extensions Outside City.
21.08.050 Adequate Mains Before Street Improvement.
21.08.060 Installation of Adequate Distribution Mains Inside the City.
21.08.070 Refund of Payment for Main Extensions.
21.08.080 Council Authorization for Laying Water Mains.
21.08.010 Payment for Mains from Water Construction Fund.
All water mains, including service connection, distribution mains, and mains for reinforcement hereafter laid or constructed, shall be paid for out of the Water Construction Fund and not otherwise.
21.08.020 Mains May Not Be Laid at City Expense.
The Council or its administrative officers shall not cause to be laid at City expense any water mains, except as set forth in Sections 21.08.060 and 21.08.080.
21.08.030 Distribution Main Extensions Inside City.
A petitioner for a new water main or a main extension shall pay the full cost of the water main or the main extension. Bureau staff will prepare an estimated cost prior to construction.
The Bureau shall accept a deposit of 20% of the estimated cost for preliminary engineering work, the balance due prior to actual construction. If the actual cost of the main or main extension and the laying thereof is greater than the estimated cost, the person or persons applying for the installation of the main or main extension shall pay the difference to the Bureau. Payment shall be deposited to the Water Operating Fund and transferred to the Water Construction Fund. If the actual cost is less than the estimated cost, the excess shall be refunded to the person or persons who have paid for such main or main extension. In determining actual costs, allowance shall be made for overhead expenses in accordance with the provisions of the City’s finance regulations, Title 5. Determination of amounts to be paid or refunded shall be made by the Manager of the Bureau, subject to appeal to the City Council, and the decision of the Council shall be final.
When the petitioner requests a set price for each installation the Bureau may make a price based on the estimated cost. In no case after a set price has been established shall refunds or additional charges for the installation be made except in those cases where changes have been made at the request of the applicant.
In all cases the size of mains and main extensions and the specification for laying the same shall be determined by the Water Engineer and the Manager, and water mains and main extensions within the city shall be installed solely by the city, except as otherwise provided herein and shall be the property of the city. Water mains may be installed in private streets in Planned Unit Developments as described in Ordinance No. 148244 subject to prior approval of the Manager and Water Engineer of the Bureau and subject to all conditions contained therein as well as to this Section. Cost of all such mains and appurtenances in private streets shall be borne by the petitioner. The developer of a new residential subdivision within the city may petition the administrator for permission to construct water mains and appurtenances within the limits of the subdivision. The administrator may approve such installations by the developer, provided that plans and specifications are approved in writing by the Water Engineer and further provided that all costs of the installation, including construction and inspection by the city are borne by the developer. A connection to the city system would be made by the Bureau upon satisfactory completion, acceptance, and transfer of ownership to the City.
21.08.040 Distribution Main Extensions Outside the City.
Property adjacent to an existing City water main outside the City may apply for service therefrom and service may be granted subject to the conditions contained elsewhere in this Title and subject to the other provisions of this Section, if the Water Engineer and the Manager in Charge determine that such new service will not unreasonably impair the water supply or pressure to pre-existing services connected to such water main, either inside or outside the City.
Any person desiring a main extension outside the City may apply therefor and the Water Engineer and the Manager in Charge of the Bureau may cause the main extension to be made, or may permit the connection to the City main or a line laid by the applicant to City specifications and sizes required by the Water Engineer, if the Water Engineer and the Manager determine that the extension or connection will not unreasonably impair water supply or pressure to existing services, whether inside or outside the City, and cannot reasonably be served through any other supplier presently existing or reasonably possible, subject to the following conditions: the Manager and the Commissioner In Charge may determine whether the Bureau shall lay such main extension or whether private construction to City specifications and sizes required may be permitted. If the Bureau is to lay the main extension, the applicant for service shall pay to the Bureau the estimated cost thereof prior to construction, and the cost includes the cost of any bond or other security required by any Subdivision of government having jurisdiction over the location of the main extension. If the actual cost, including overhead expenses computed in accordance with the provisions of the finance regulations, Title 5, exceeds the amount prepaid, the applicant shall pay the difference to the Bureau. If the actual cost computed as herein prescribed is less than the amount prepaid by the applicant, the difference shall be refunded to him. When the owner or agent requests a set price for such installation, the Bureau shall make a price based on the estimated cost and in no case after a set price has been established shall refunds or additional charges for the installation be made except in those cases where changes have been made at the request of the applicant.
After construction and/or connection the main extension or water line lying between the pre-existing City main and each meter attached to the main extension shall become and be the property of the City. The City shall not be responsible for any change or enlargement of the main or main extension outside the City, and shall not be responsible for any portion of the cost of relaying or changing the main or main extension because of subsequent improvement of any public work. Application for connection of property outside the City to City water main or main extension shall be deemed a waiver of any deficiency of supply, pressure, or any other inadequacies, whether attributable to prior or future connections or extension, and shall be deemed a covenant that the applicant will comply with all provisions of this Title and the rules and regulations of the Bureau and must have prior approval of the Portland Metropolitan Area Local Government Boundary Commission.
21.08.050 Adequate Mains Before Street Improvement.
The Council may require that adequate water mains be installed in accordance with the provisions of this Title prior to street improvement.
21.08.060 Installation of Adequate Distribution Mains Inside the City.
If a petition for a new residential service is not granted due to inadequate main capacity, the petitioner may wait until the main is enlarged by the City. If petitioner wants the main enlarged sooner than the City’s timetable the petitioner may request that the City adjust the timetable and replace the main without delay. The Manager of the Bureau together with the Water Engineer will review this request. If the main replacement request is confirmed the petitioner shall pay a portion of the cost of enlarging the main. The Bureau will pay all remaining costs. The portion of the main paid by the City is sixty-five percent (65%) unless that figure is changed by the annual water rate ordinance. All requirements of Section 21.08.030 will apply except the full cost of the main will not be charged to the petitioner. Provisions of Section 21.12.010 do not apply.
21.08.070 Refund of Payment for Main Extensions.
Whenever a portion of the cost of a water main within the City and the laying thereof has been paid by or on behalf of the property to be served within the City, and the revenues received by the City per year for a 3-year period through services connected to the main within the portion for which payment has been made equal 9 percent of the original cost of the main and the laying thereof, the City shall refund to the person or persons who paid a portion of the cost, upon his demand, the amount of the payment less 2-1/2 percent per year for depreciation from the date when the water main or main extension was laid if within 10 years, subject to the following exceptions: Where developers are authorized to lay water mains within the limits of residential Subdivisions, such developers shall be entitled to receive a refund in the same manner as set forth in this Section upon presenting a complete report of costs incurred therein; however, in no cases shall a refund exceed the estimated costs which would have occurred if the main would have been laid by the Bureau. Prior to determining the actual amount of payment which may be refunded, the Bureau shall deduct all payments which were made for subsequent connections to said main, provided such connections were made on and after January 25, 1979; if a water pipe less than 4 inches in diameter has been used as a water main, and such size has been approved by the Water Engineer and the Manager because of the special and peculiar circumstances, no refund shall be made of any portion of the cost of the pipe or the laying thereof, unless the pipe has been designated as a permanent main, and the property so served shall not be entitled to any replacement, change, or enlargement at City expense, and consent by the applicant to prepayment for a water pipe less than 4 inches in diameter shall be deemed a waiver of any future deficiency or inadequacy of water supply or pressure, whether attributable to use by said premises or by other premises subsequently connected to such main, or to extensions thereof. No similar refunds shall be made to property outside the City, but if the property paying for the cost of a water main extension by the City while located outside the City is subsequently annexed to the City, then refunds may be made thereafter to the person paying for the cost of the main extension on the same terms and conditions as set forth above. This section is only in effect until December 31, 1997.
21.08.080 Council Authorization for Laying Water Mains.
The Council or its administrative officers may cause to be laid or installed at City expense, whatever pipe lines, extensions, enlargements at the time of initial main installation or subsequently, interconnections, pumps, tanks, reservoirs, dams, works, and appurtenances which are found by the Manager and the Commissioner In Charge to be necessary, advantageous, or convenient. This shall not be deemed to confer any right or privilege upon any person or premises to have a water main laid at sole City expense. The portion of the cost of any main and the laying thereof installed to serve residential premises or area only, and laid after August 1, 1957, which is in excess of the cost of a 6-inch cast iron main and the laying thereof, shall be deemed allocable to water supply. Such allocation shall be paid from the Water Construction Fund at City expense except where the Fire Bureau requires larger flows for fire protection requirements, those costs shall be at the applicant’s expense.
Chapter 21.12
WATER SERVICES
Sections:
21.12.010 Service to Property Adjacent to Water Main.
21.12.020 Size of Service Connection.
21.12.030 Application for Installation or Removal of Water Service.
21.12.040 Cancellation of Application for Service.
21.12.050 Service Installation Fees.
21.12.060 New Service Where Change in Size or Relocation is Desired.
21.12.070 Separate Service.
21.12.080 Installation of Service Pipes from the Meter to the Building Served.
21.12.090 Outside Connections.
21.12.100 Service Installation and Maintenance Responsibility.
21.12.110 Damage through Pipes and Fixtures.
21.12.111 Damage to Water System Caused by Customer.
21.12.120 Use of Private Water and City Water.
21.12.130 Charges for Service Pipes Connected Without Permit.
21.12.140 Abandoned and Nonrevenue Producing Services.
21.12.150 Service Disconnection.
21.12.160 Leaking or Unused Services.
21.12.170 Service Renewal.
21.12.180 Adjustments on Account of Leaks.
21.12.185 Master Metering of More than One Water Service.
21.12.190 Fire Protection Service.
21.12.200 Unmetered Fire Protection Service.
21.12.210 Unauthorized Use of Fire Protection Service.
21.12.220 Permit and Report Required To Do Plumbing Work.
21.12.230 Service Location Change.
21.12.240 Location of Meters Inside City.
21.12.250 Meter Chambers in Area Excavated with Curb.
21.12.260 Ownership of Large Meters.
21.12.265 Ownership of Small Meters.
21.12.270 Damaged Meters Owned by City.
21.12.280 Testing Meters.
21.12.310 Meter Area and Access To Be Clear.
21.12.320 Shut Off Because of Defective Installation.
21.12.330 Authority for Testing and Repairing Meters.
21.12.340 Authority to Estimate Bills.
21.12.350 Potential Contamination of City Water Supply.
21.12.360 Shut Off Valve.
21.12.370 Service to Property Partially Outside City.
21.12.380 Testing of Backflow Prevention Devices.
21.12.010 Service to Property Adjacent to Water Main.
(Amended by Ord. No. 168240, Oct. 26, 1994.) Property adjacent to a City water main may be served subject to the provisions of this Code, and the Water Rate Ordinance. Whenever all or a portion of the cost of the main, from which service is sought, has been previously paid on behalf of an adjacent property, and further provided the main has been installed within 10 years prior to the date of application, the main is within the City, the property for which service is sought was not owned by the original petitioner at the time the main was installed, and no refund has been made of the cost, as provided in Section 21.08.070 of this Code, then the connection may be permitted only if the applicant for service pays to the Bureau a pro rata share of the cost of the main. The pro rata share will be determined by the initial actual cash payment made by the adjacent property owners for the main less 2-1/2 percent per year, or fraction thereof, computed from the date of installation to the date of application. The remaining cost will be divided by the total footage of main applicable to the initial cost and the applicant shall pay 50 percent of the footage cost times the frontage of the applicant’s property adjacent to the main. After such payment by the applicant, the refund shall be made by the City to the individual who made the original payment. If application is made for service from a water main less than 4 inches in diameter, the connection shall be deemed temporary unless such main was designated as a permanent main, however in any case, such connection shall not entitle the person or premises to have said main replaced with a larger main at City expense. The application for service from a 4-inch main or smaller shall be deemed a waiver of any deficiency of supply, pressure, or any other inadequacy, whether attributable to prior or future connections or extensions. The application shall be deemed a covenant that the applicant will comply with all the provisions of this Title and the rules and regulations of the Bureau.
21.12.020 Size of Service Connection.
(Amended by Ord. No. 133264, 146244, and 149319; passed March 27, effective April 28, 1980.) Whenever an application for water service is received, the Water Bureau Manager or his designated agent shall have authority to reject such application if in the judgment of the Manager, the service and meter size applied for is expected to be less than the size necessary for estimated use by the premises of the applicant. In such event, the Water Bureau Manager or his agent shall specify the minimum size of service line and size and type of meter. The minimum designation shall not be a warranty of sufficiency for pressure or volume of water to be afforded the premises. No service connection less than 3/4-inch in size shall be installed.
21.12.030 Application for Installation or Removal of Water Service.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) The owner or authorized agent shall make written application for permits to connect or disconnect premises with or from the City water system on forms provided by the Water Business Operations Supervisor, in which the applicant shall specify the location and the use for which the service is required, and shall agree to abide by the rules and regulations of the Bureau. An application for a permit to connect premises with the City water system for service to a new building or structure shall not be accepted for filing unless a building permit has been issued for such building or structure as provided in the building regulations of the City. No application shall be deemed for residential use unless a building permit for the residence has been issued. No permit shall be issued upon application unless the conditions set forth in this Title relating to main extensions have been met, if applicable, but any permit issued on application to connect premises with the City water main shall not entitle the permittee to a connection to the main until it is laid adjacent to the premises of the owner. Acceptance of fee for the permit shall not waive any of the conditions set forth in this Title nor grant specific right of connection. Any service connection made outside the City limits must receive prior approval of the Portland Metropolitan Area Government Boundary Commission.
21.12.040 Cancellation of Application for Service.
(Amended by Ord. No. 149319; passed March 27, effective April 27, 1980.) For all unfilled water service applications which have not been installed, the fee paid for application for a water service may, upon written request, be refunded in full if application is cancelled. The City shall retain costs for any work already performed plus a 15 percent fee for handling and overhead as a service charge. All unfilled service applications having an age of 6 months or more as of the first of each calendar year shall be cancelled and the fee less the service charge shall be returned to the applicant. Cancellation may not be made where application for service was used to provide revenue for a main extension under the provisions of this Title.
21.12.050 Service Installation Fees.
(Amended by Ord. No. 143474, 144213, 149319, and 154959; effective Sept. 19, 1983.) The fees for the installation of water service to and including 1-inch in size shall be as provided in the annual water rate ordinance and shall be paid prior to service installation. All ordinance charges for laying service pipes of 1 inch or less in diameter to a point on the property line shall be calculated as if the water main were laid in the center of the street in order that a uniform charge may be made to the property abutting on the opposite sides of the street. The charge for service installation not covered by a fixed ordinance charged shall be cost plus overhead, as provided in the finance regulations, Title 5 of the Code of the City of Portland. A deposit of estimated cost of the work or payment bond in lieu of deposit may be required, as provided in Title 5 of the Code of the City of Portland before a permit is granted for such installation. When the estimated cost is not sufficient to cover the total expense for labor and materials, the deficit shall be charged to the applicant, for which such installation was made and to the owner thereof, and any excess payment shall be returned to the person applying for the installation. When the owner or agent requests a set price for such installation, the Bureau shall make such a price based on the estimated cost. In no case after a set price has been established shall refunds or additional charges for installation be made by the Bureau unless changes in installation or location are requested by the applicant. Service branches may be installed by the Bureau, or by a developer with the Manager’s prior written approval, when the Manager determines that such installation will benefit the City. The actual cost of a service branch installed by the Bureau will be charged to the applicant at the time of the installation, and upon the Bureau’s acceptance of an application for service will be deducted from the current ordinance service charge. A similar deduction will be allowed applicants connecting to a developer-installed service branch for actual cost except that the deduction shall not exceed the estimated cost if installed by the Bureau. In order for an applicant to qualify for a deduction as to a developer-installed service branch, the developer first must have provided evidence of actual cost satisfactory to the Manager. No deductions will be allowed for a Bureau or developer-installed branch after 5 years from the date of the branch installation. If an application is not made for service within 5 years of branch installation, the Bureau may disconnect the service branch at any main.
21.12.060 New Service Where Change in Size or Relocation is Desired.
(Amended by Ord. No. 146244, and 149319; passed March 27, effective April 28, 1980.) In the event a service of a smaller or larger size is desired, a new service will be installed and the charge therefor will be as provided in the annual rate ordinance. The old service will be removed without charge providing the new service is in the same location. If not in the same location, applicant will pay for removal of the old service in accordance with Title 5 of the Code of the City of Portland except when the relocation is made for the convenience of the City. If the Bureau has identified a service as being defective, a new service of a smaller size may be substituted at no charge to the applicant at the time the defective service is being replaced provided there is written authorization. However, if application for a larger service is received, the applicant will pay the difference between the two sizes, credit will be applied for cost of the meter for the service being removed as herein provided. When the service includes a City-owned meter installed after July 1, 1978, a credit shall be allowed for the meter, against the cost of the new installation, using the original cost of the meter less 4 percent depreciation per year if changed within 10 years after the original installation. In no case shall a meter credit exceed the cost of the new service. Reduction in service size will not be allowed when a revenue allowance has been provided in accordance with Sections 21.12.030, 21.12.040, and/or 21.12.050.
21.12.070 Separate Service.
(Amended by Ord. No. 133264, 149319, and 152161; effective July 1, 1981.) A separate service or meter shall be required to supply water to each separate premise and to each house or building under separate ownership. A premise is considered separate when partitioned by a different ownership, street, or public way.
Unless otherwise provided hereunder, a separate service or meter shall be required for each house or building even if under one ownership and on the same lot or parcel of land.
The Bureau may limit the number of houses or buildings or the area of land under one ownership to be supplied by one service connection or meter.
Two or more houses or buildings under one ownership and on the same lot or parcel of land may be supplied through a single service meter, if approved by the Bureau Manager. The Bureau Manager may not approve such an arrangement unless the owner and the occupant, if different, enter into a written agreement with the City, on a form approved by the City Attorney and executed on behalf of the City by the Manager, which provides that if the property in which the houses or buildings are located is divided by sale, the Bureau will be notified and a separate water service obtained immediately for each ownership.
Planned unit developments, motels, mobile home parks, and houseboat moorages shall be considered as one parcel and charged at the established meter rates through master meters at the public way. The service connection to a premise shall not be used to supply an adjoining premise of a different owner, or to supply a separate premise of the same owner for which proper application for service has not been made. When property provided with a service is subdivided, the service connection shall be considered as supplying the lot or parcel of land which it directly enters.
21.12.080 Installation of Service Pipes from the Meter to Buildings Served.
(Amended by Ord. No. 133264, 139107, and 149319; passed March 27, effective April 28, 1980.) Pipes of all sizes for all purposes laid from the meter to the building shall not be less than 3/4-inch in diameter and shall conform to Title 25 of the Code of the City of Portland. Pipes to be used for fire protection services must conform to the standards of the Bureau and be approved by the Water Bureau Manager. Services from the property line to the wall of the building shall be laid with not less than 24 inches of cover below the surface of the graded ground. Pipes laid for lawn sprinkling systems must be installed so that the system may be properly drained in freezing weather. No connections other than the primary service connection shall be made within the meter box or chambers. No water supply pipes shall be laid in sewer ditches. No connection may be made between the meter and the property line. The water supply system piping shall not be used for the grounding of electrical circuits. Provisions for alternate grounding as noted in the National Electrical Code and adopted by the City of Portland, through the Electrical Division, shall be utilized.
21.12.090 Outside Connections.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) No faucets shall be allowed on the outside of any building except hose connections, which must be controlled with separate shut off valve. No hose connections for domestic use will be allowed on sidewalks, or at the curb lines where they are accessible to the public, except in those conditions as allowed by Title 25, Plumbing Regulations, of the municipal Code. All water supply pipes must be extended into the building.
21.12.100 Service Installation and Maintenance Responsibility.
(New Section substituted by Ord. No. 149319; passed March 27, effective April 28, 1980.) The Bureau shall locate and install all service connections including the construction of a suitable chamber or box for housing the meter, except as otherwise provided in Section 21.12.190 and 21.12.250 in accordance with this Title and ordinance provisions of the City and practices of the Bureau. The Bureau shall be responsible to maintain, repair, and replace the service connection through the meter and the angle meter coupling on service connections of 1 inch or less and through the meter and the downstream meter valve on services more than 1 inch. The customer is responsible for that portion of the service connection from the angle meter coupling or downstream meter valve, whichever is closest to the meter, to the point of consumption regardless of the location of the property line.
21.12.110 Damage through Pipes and Fixtures.
(Amended by Ord. No. 140065; passed and effective June 19, 1975.) The Bureau of Water Works shall in no case be liable for damages occasioned by water running from open or faulty fixtures or pipes installed by the customer or on the customer’s property.
21.12.111 Damage to Water System Caused by Customer.
(Added by Ord. No. 152409; Oct. 14, 1981.) Whenever the Bureau determines that a customer’s operation of the customer’s facilities is causing pressure surges that are a detriment to the Bureau’s operation of its system or to other customer’s use of the system or that are hazardous to the Bureau’s system or to other customer’s facilities, the Bureau may disconnect the customer causing the pressure surge until the customer has corrected its operation so that the pressure surges no longer will occur.
The Bureau may disconnect the customer without prior notice if the customer’s operation is creating an imminent hazard to the safe operation of the Bureau’s system or to other customers’ safe use of the system or an imminent hazard to damage to the Bureau’s system or to other customer’s facilities. In the event of a disconnection without prior notice, the Bureau shall notify the customer immediately of the reason for the disconnection and as soon as is reasonably possible shall afford the customer an opportunity to be heard on why the customer’s operation is not a detriment to the Bureau’s operation of its system and to other customers’ use of the system and is not hazardous to the Bureau’s system and to other customers’ facilities. In all other cases, the Bureau shall give the customer prior notice of the Bureau’s intention to disconnect, including a statement of the reason for the disconnection, and a prior opportunity to be heard on why the customer’s operation is not a detriment to the Bureau’s operation of its system and to other customers’ use of the system and is not hazardous to the Bureau’s system and to other customers’ facilities.
21.12.120 Use of Private Water and City Water.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) Owners of buildings desiring to use both a City water supply and a supply of water other than that furnished by the City may obtain City water at meter rates upon the following conditions and not otherwise. Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the City water supply and that of a private water supply. Where such a connection is found to exist, or where provision is made to connect the two systems by means of a spacer or otherwise, the City water supply shall be immediately shut off from the premises with or without notice. In case of such discontinuance, service shall not be reestablished until satisfactory proof is furnished that the cross connection has been completely and permanently severed or that any approved backflow prevention device has been installed to eliminate any possibility of contamination of the City water supply.
21.12.130 Charges for Service Pipes Connected Without Permit.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) When premises or additional premises are connected without the application prescribed in this Chapter, the premises may be charged as prescribed in the annual schedule of water rates and the service may be shut off by order of the Water Bureau Manager. In case water shall be turned off as provided in this Section, the same shall not be turned on again until all rates and charges against the premises have been paid in full.
21.12.140 Abandoned and Nonrevenue Producing Services.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) When new buildings are to be erected on the site of old ones and it is desired to increase the size or change the location of the existing service connection, or when a service connection to any premises is abandoned or no longer used, the Water Business Operations Supervisor may cut out or remove the service connection, after which, should a service connection be required to the premises, a new service shall be placed only upon the owner’s making an application and paying for a new tap in the regular manner. Should it be desired to retain the old service connection, a written agreement may be made to pay a monthly standby charge for the inactive service based upon the size of service in accordance with current water rates and charges.
21.12.150 Service Disconnection.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) Any service supplying a building will be considered unusable at such time as the building is torn down and upon notification to the owner may be disconnected at the main by order of the Water Manager, except that a written agreement may be made to continue the service upon payment of a standby charge thereon. If water service is thereafter requested for the premises, a new service will be installed at the expense of the property owner. Existing inactive curb services will be considered unusable, unless the service is of copper pipe and delivers a flow of water which the water manager finds adequate for service requirements.
21.12.160 Leaking or Unused Services.
Where there is a leak under the street between the main and the curb cock, the Bureau of Water Works shall make all repairs free of charge unless the leak is on an unused or nonrevenue producing service. In such case the Bureau of Water Works shall cut out the service at the main. Where a water service pipe has been disconnected from the main, the owner of the premises previously serviced shall obtain a new permit and pay for a new service connection whenever he wishes water service. When a service pipe at the proper grade is damaged or destroyed by contractors or others in the performance of street work or where service pipes are damaged by electrolysis, the person, contractor, or company responsible for such damage or destruction shall be billed by the Bureau of Water Works for the cost of repairing or replacing such pipes on the basis of the cost plus overhead, as provided in the finance regulations of Title 5.
21.12.170 Service Renewal.
Services replaced because of leaks or substandard supply shall be renewed in the same size as the service removed, subject to the provisions of Sections 21.12.060.
21.12.180 Adjustments on Account of Leaks.
(Amended by Ord. No. 131164, 133264, 139107 and 149319; passed March 27, effective April 28, 1980.) Where a leak exists in the water system on the property side of the meter and it has been repaired within 30 days after the owner, agent, or occupant of the premises has been notified by the Bureau of the leakage, or has been notified to check for leaks, or within 10 days after complaint on the bill, the Water Bureau Manager or his designated agent may allow adjustments based on extenuating circumstances. A plumbing permit for repair of the service must be obtained before any adjustment can be made unless otherwise authorized by the Manager.
21.12.185 Master Metering of More than One Water Service.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) The Bureau, at its sole discretion, may permit the master metering or more than one water service. In such case, the owners or occupants of the premises served shall designate one of their number who shall be responsible for the payment of all water charges and the acceptance of service of all water related notices. In the event payment for water charges is not made in full when due, the Bureau may terminate the service pursuant to normal procedures, in spite of the tender of partial payment by any other owner or occupant of the premises so served.
21.12.190 Fire Protection Service.
(Amended by Ord. No. 138118, 140065, 146244, and 149319; passed March 27, effective April 28, 1980.) Fire protection water pipes to be used in case of fire only will be allowed within and without buildings on the following conditions:
A. The connection with the City main, the construction of a suitable vault to house the metering device, and the installation of the metering device shall be made by the Bureau except where the Manager permits a detector double check valve assembly or approved equivalent to be installed by the owner on his premises, in which case the Bureau shall install the service pipe from the main to the customer’s connection at the property line. Payment for the installation shall be made as prescribed in this Title.
B. No charge shall be made for water used in extinguishing fires if the owner or agent reports the use to the Water Business Operations Supervisor in writing within 10 days of the usage.
C. The Bureau shall require a meter of approved pattern to be installed on any fire protection system or combination hose and sprinkler system, in accordance with Bureau standards, except as provided in this Title.
D. A proportional meter or detector check may be installed on a fire protection service which supplies water to a wet or dry sprinkler system provided owner or agent of the building submits plans for approval and agrees in writing that water supplied through this service will not be used for any purpose except for extinguishing a fire. Private on-site hydrants and hose connections will be permitted only if an approved automatic centrally monitored alarm system is installed and functioning when activated by the use of water through the service.
E. An approved backflow prevention device with a metered bypass may be substituted for a detector check. With the Manager’s approval the backflow prevention device may be installed on the customer’s premises immediately adjacent to a public street under certain conditions. Where such approval is granted, the customer shall complete the installation from a point at the property line, furnish an approved device, provide an approved vault or housing for the device, and install a remote reader in the street area. Cost of the service connection from the main to the property line and inspection of the customer’s installation shall be made as prescribed in this Title.
21.12.200 Unmetered Fire Protection Service.
(Amended by Ord. No. 133264, 139107, and 149319; passed March 27, effective April 28, 1980.) Notwithstanding the provisions of this Title, anyone who maintains a system for fire protection to a building, which system was in existence on January 2, 1953, and connected to the public service but not through a meter, may at his option on or after January 1, 1953, obtain City water for such fire protection system, provided that no extension or addition to the existing water service is made inside the property line, by paying to the Bureau the rate established from year to year by the water rate ordinance. Anyone who installed an automatic sprinkler system in the basement only of an existing building as required by Section 14.530 of Ordinance No. 78461, as amended, which system was connected with the public service after July 1, 1953, or anyone who installs an automatic sprinkler system in the basement only of an existing building as required by Section 31.20.310, which system was connected with the public service prior to January 1, 1967, by a pipe with a diameter of 2 inches or less and including sprinkling heads required to be installed below the upper landing of the basement stair, may at his option obtain City water for such fire protection sprinkler system from a connection at the curb through an existing metered or unmetered service pipe to the property, by paying to the Bureau a standby charge as established from year to year by the Water Rate Ordinance. If anyone receiving City water under the provisions of this paragraph makes alterations, fire line additions or extensions, or adds hose connections, an immediate installation of an approved meter shall be required by the Bureau. In the event of such changes, unmetered water used may be estimated as to quantity by the Water Business Operations Supervisor and charged at double the regular meter rates. All existing unmetered fire services shall be metered effective July 1, 1980. The Bureau shall install such metering devices at the expense of the customer after July 1, 1980.
21.12.210 Unauthorized Use of Fire Protection Service.
(New Section substituted by Ord. No. 149319; passed March 27, effective April 28, 1980.) If at any time, it is found that hose connections have been added to a fire protection system provided with a proportional meter, detector check, or detector double check valve assembly, which system does not have an approved automatic alarm system as required in Section 21.12.190 D or that registration is recorded on the metering device while not being used to extinguish a fire, the immediate installation of an approved full registration meter will be required by the Bureau and water registered or estimated to have been used through the service shall be charged for at double the regular meter rates.
21.12.220 Permit and Report Required to Do Plumbing Work.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) It is unlawful for any plumber or other person to make connections, installation, replacements, extensions, or repair to any City water service pipe, or to connect one service pipe with another service pipe, or extend a pipe from one building to another building, or to turn water on or off at any premises without having first obtained permission in writing from the Water Manager. After the issuance of a permit to a plumber or other person authorized by the plumbing inspector to do plumbing work, the permittee shall make a report in writing to the Plumbing Division of the Bureau of Buildings of all connections, attachments, and extensions made by him in accordance with the permit within 3 days after completion of work.
21.12.230 Service Location Change.
(Amended by Ord. No. 133264 and 149319; passed March 27, effective April 28, 1980.) When service connection of any premises on an unpaved street does not exceed one inch in size and the same does not come from the main in front of the premises, the manager shall, when a main is laid in front of said premises, after notifying the owner or tenant thereof, provide a service connection to the new main without charge and at the same time, cut the old service connection. The property owner shall be responsible for the building connection to the new service. When a new main is laid in any street, owners of premises on the street, or within one-half block on side streets who are being supplied with City water through a private main or a connection to another private service, shall make application for a tap and shall connect to the service from the new main laid by the Bureau.
21.12.240 Location of Meters Inside City.
(Amended by Ord. No. 140065, and 149319; passed March 27, effective April 28, 1980.) Within the City, water meter shall be located in or adjacent to street area where the Bureau fixes such location, except where a City water main is already located in an easement upon private property, in which event the Bureau may allow location of a water meter on or adjacent to such existing line, if necessary easements for the meter installation are offered to and accepted by the City. Certain detector check devices as referred to in Section 21.12.190 may be excluded from this provision.
21.12.250 Meter Chambers in Area Excavated to Curb.
(Amended by Ord. No. 156751; effective Dec. 8, 1984.) Where the basement of a building to be serviced extends to the curb line or under the sidewalk, or when the basement of a building being serviced extends to the curb line or under the sidewalk and the sidewalk at the point of service is to be reconstructed, or when the service is to be modified or renewed, or when the Administrator of the Bureau determines that a service poses a significant safety hazard or threat of property damage, then the Bureau of Water Works shall furnish at the expense of the property owner a steel frame and cover for the meter chamber. The owner of the property, at the owner’s expense, shall install a waterproof meter chamber that drains to a sewer, constructed to current Bureau standards, and thereafter shall maintain the chamber so that the meter can be read serviced or removed from the sidewalk area. Except in cases of new services, the owner of the property together with affected lessees, if any, as an alternative to compliance with this Section, may execute for the benefit of the City an agreement, in a form satisfactory to the City Attorney, (1) waiving any claim for damages for personal injury or property damage against the City and its officers, agents, and employees arising out of non-compliance with the requirements of this Section and (2) defending and holding harmless the City and its officers, agents, and employees against any claim by any person for damages for personal injury or property damage arising out of non-compliance with the requirements of this Section.
21.12.260 Ownership of Meters.
(Amended by Ord. No. 146244, 149319, 153670; and 169838, Feb. 28, 1996.) All new services will have meters provided and installed by the Bureau, except sewer meters, commercial, domestic and irrigation sub meters, and as provided in Section 21.12.190. The cost of the meters plus installation shall be charged to the customer requesting the new service. The new meters shall be owned by the Bureau. The Bureau shall assume all repair, maintenance, and future replacement responsibilities for the new meters. Where private meters exist, that are used by the Water Bureau for billing purposes, the Bureau shall perform all future repair, maintenance, and replacement work at no charge to the owners. If the private meter is determined to be obsolete, the Bureau shall replace the privately owned meter with a new Bureau owned meter at no charge to the owner. If obsolete, the old meter shall be offered to the owner for disposition. The Bureau shall assume all responsibility for the cost of future meter repair or replacement. As outside areas are annexed to the City, privately owned meters shall be repaired or replaced on an as-needed basis with new Bureau owned meters at no expense to the owner. When it is in the interest of the City, the Bureau may rent meters to customers. In such cases, rental charges shall continue to be in an amount sufficient to recover the cost of the meter in ten years, to allow for normal repairs and to provide a fair return on investments. Non-payment of such monthly charges shall be cause for terminating service. Therefore, this Ordinance shall be in force and effect from and after its passage by Council.
21.12.265 Ownership of Small Meters (1-Inch or Less).
(Added by Ord. No. 153670; Aug. 12, 1982.) Effective July 1, 1978, all new services will have meters provided and installed by the Bureau, except as provided in Section 21.12.190, and the cost of the meters plus installation shall be charged to the customer requesting the new service. The new meters shall be owned by the Bureau and the Bureau shall assume all repair, maintenance, and future replacement responsibilities for the new meter. The Bureau shall replace all privately-owned meters 1-inch or less with new Bureau-owned meters at no charge to the owner. The old meter shall be offered to the owner for disposition. The Bureau shall assume all responsibility for the cost of future small meter replacement. As outside areas are annexed to the City, small privately-owned meters shall be replaced on an as-needed basis with new Bureau-owned meters at no expense to the owner.
21.12.270 Damaged Meters Owned by the City.
(Amended by Ord. No. 131164, and 149319; passed March 28, effective April 28, 1980.) Whenever a City owned meter is burned out by hot water or damaged by the carelessness or negligence of the owner or occupant of the premises, or others, the Bureau will repair the meter and charge the bill against the property served or to the person or persons responsible for the damage. The cost of the repairs shall be as prescribed in the annual water rate ordinance.
21.12.280 Testing Meters.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) When any water consumer makes a complaint that the bill for any particular period is excessive, the Bureau will, upon request, have such meter reread and the service inspected for leaks. Should the consumer then desire that the meter be tested, he shall make a deposit as prescribed in the annual Water Rate Ordinance to cover the cost of making the test. Should the meter on test show a registration in excess of 3 percent in favor of the Bureau, the amount deposited will be refunded and the Bureau shall make an adjustment for the estimated excess consumption on the bill immediately preceding and/or the current bill. The excess registration on the reading for the previous and/or current billing period shall be credited to the account. Where no error is found exceeding 3 percent in favor of the Bureau, the amount deposited will be retained to cover the expense of such test.
21.12.310 Meter Area and Access To Be Clear.
(Amended by Ord. No. 149319, and 153761; Sept. 2, 1982.) It is unlawful for any person to store or maintain any goods, merchandise, material, or refuse, or install equipment over, under, or within 6 feet of any water meter, gate valve, or other appliance in use on any water meter connection of the Bureau. It is unlawful to park a motor vehicle over, upon, or in such a manner as to prevent access to any water meter, gate valve, or other appliance in use on any water meter connection of the Portland Bureau of Water Works regardless of whether such Water Bureau property is located on public or private property. Whenever it is necessary to enter a building to read the meter or work on the water connections, a safe passageway must be maintained by the occupant of the premises, free and clear of obstructions from the entrance of the building to the meter. Shrubs and landscaping shall not obstruct reading of the meter. Any obstructions may be trimmed or removed by the Bureau, and the owner or occupant and the premises may be charges as prescribed in the finance regulations, Title 5.
21.12.320 Shut Off Because of Defective Installation.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) Whenever water meters inside the City are found by the Bureau to be without adequate support, or with defective plumbing, or without shut-off equipment necessary to permit meter tests by the Bureau, or where through earth movements or subsidence, pipe bends, or connections have become faulty or are not tight, then the Bureau shall notify the owner to remedy the condition within 10 days from the date of notification. Where the notice has been given specifying the repairs or alterations to be done, then if the repairs or alterations are not completed within the time allowed, the water service shall be shut off until the repairs or alterations are completed. The Bureau Manager may allow additional time for completion of repairs or alterations for extenuating circumstances.
21.12.330 Authority for Testing and Repairing Meters.
(Amended by Ord. No. 149319, 153670; and 169838, Feb. 28, 1996.) The Bureau may test and/or repair any meter on services supplied directly by the Bureau at any time without application from the property owner and for this purpose may upon notice temporarily shut off the water. If a large (more than 1-inch) meter on City lines requires repairs, the Bureau shall give notice to the property owner or user and immediately place said meter in good working order. If the meter is not repairable due to wear, obsolescence on nonavailability of parts, the Bureau will replace the meter in accord with Section 21.12.260.
21.12.340 Authority to Estimate Bills.
When a meter fails to register accurately, the charge for water used shall be based on the average quantity of water used, as shown by the meter when in order.
21.12.350 Potential Contamination of City Water Supply.
(Amended by Or. No. 133264, 133586, 140819, 145471, and 171757, effective November 12, 1997.)
A. Oregon Administrative Rule 333.061.070 requires water suppliers to “undertake programs for controlling and eliminating cross connections.” These regulations apply to “Community Water Systems” which include the City of Portland’s water system. The following regulations are adopted to comply with the State Rules or to provide even more stringent enforcement, as permitted by those Rules. Except where this section provides more stringent requirements, the definitions, standards, requirements, and regulations set forth in Oregon Administrative Rules Chapter 333, Division 061 in effect on the date of this ordinance are hereby adopted and incorporated into this ordinance.
It is unlawful for the owner of property or the user of City water to introduce or permit the introduction of pollution or contamination of any kind into the City water supply system.
B. Installation
1. Except to the extent that the City has adopted more stringent regulations, (see City document entitled “Installation Requirements Applicable to All Backflow Devices”), all backflow prevention assemblies shall be installed in accordance with Sections (1) through (4) of OAR 333-0671-0071.
2. At a minimum, such backflow prevention assemblies shall be installed at the service connection to premises where an approved air gap does not exist and:
a. there is an auxiliary water supply which is, or can be, connected to the potable water piping;
b. there is piping for conveying liquids other than potable water, and where that piping is under pressure and is installed in proximity to potable water piping;
c. there is intricate plumbing which makes it impractical to ascertain whether or not cross connections exist;
d. there is back-siphonage potential;
e. cross-connections or potential cross-connections exist.
C. Testing
1. All assemblies must be tested at least once a year, or more frequently, if an assembly repeatedly fails tests or as determined by the City. Backflow prevention assemblies which are not functioning properly shall be promptly repaired by the water user or owner of the assembly or the City will, as required by State regulation, discontinue service to the premises until an appropriate backflow prevention assembly has been installed and/or tested, or until the cause of the hazard has been eliminated.
2. After installation or movement of the assembly, the assembly shall be tested before use by a tester who has been certified by The Oregon State Health Division and copies of the test results shall be provided to the water user or the owner of the premises and to the water supplier.
3. The Bureau shall also regulate the location, installation, and testing of such device. Any corrective measure, disconnection, or change on private property shall be at the sole expense of the person in control of such property. The cost of any change required in the City system outside the property or between the meter and the supply line or distribution system and any charges for cut-off or disconnection shall be added to the charges for water against the premises necessitating the expenditures.
4. To avoid such pollution or contamination, whenever a cross-connection from another water supply into the City system is found or whenever any other condition is found which presents the possibility of contamination or pollution, the water supply to such premises and/or other premises from which such cross-connection is made shall be discontinued immediately until the cross-connection is eliminated or the condition remedied.
5. The control or elimination of cross-connections shall be in accordance with any manuals of standard practice pertaining to cross-connection control approved by the Bureau of Water Works, and any requirements set forth by the “U.S. Environmental Protection Agency” as authorized by the “Safe Drinking Water Act” PL 93-523 and subsequent applicable legislation.
6. When the Bureau of Water Works determines that a complete physical separation from the City water system is not practicable or necessary, or that adequate inspection for cross-connection cannot be readily made, or that a backflow prevention device is necessary because of existing or possible backflow resulting from special conditions, use, or equipment, it shall require a backflow prevention device of pattern, design, and size
which it approves as reasonably adequate to prevent contamination in light of the degree of hazard which exists,. Refer to OAR 333.061.070 for additional, minimum standards for required backflow devices.
7. In addition, all backflow prevention assemblies shall, at a minimum, be of a type and model approved by the Oregon Division of Health (Division) and the Division shall maintain a list of backflow prevention assemblies approved for use in Oregon. See OAR 333.061.070(8) for backflow prevention assembly specifications. Note that section 333.061.070(8) provides that, at a minimum, all testable assemblies shall meet the specifications of construction, evaluation and approval of backflow prevention assemblies as specified in Section 10, Manual of Cross-Connection Control, June 1998.
21.12.360 Shut Off Valve.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) A shut off valve of approved pattern must in all cases be placed within 3 feet of the point where the pipe enters the building. If the building is not provided with a basement, such valve must be placed near the outside wall thereof and protected by a suitable enclosure.
21.12.370 Service to Property Partially Outside City.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) Where service is requested for a property partially inside and partially outside of the City limits, service may be provided if the principal structure is on the portion of the property inside the City limits, and within the urban growth boundary of the City. Should other structures be in said portion of the property outside the City, the City may provide service through separate services and meters and shall charge rates in accordance with outside City service. Such services shall be installed at the expense of the owner of the premises.
21.12.380 Testing of Backflow Prevention Devices.
(Added by Ord. No. 149506; passed April 24, effective May 27, 1980.) Any backflow devices required by the City to be installed on a customer’s premises for the protection of the public water supply shall be tested immediately upon installation and on each anniversary thereafter. Such tests shall be performed only by a certified tester. (Results of the tests shall be reported immediately to the Bureau of Water Works.) If a test report is not received within 30 days of the date on which the test certification is due, the Bureau may elect to order such test and add the cost of such test, and repairs to the device if necessary, to the customer’s water bill.
Chapter 21.16
RATES AND CHARGES
Sections:
21.16.010 Bureau of Water Works to Furnish Data for Rates.
21.16.020 Water Charged to Premises User.
21.16.030 Delinquent Water Bills.
21.16.050 Water for Building Purposes on Meter Basis.
21.16.055 Collections and Work Orders.
21.16.060 Dates and Places of Payment.
21.16.070 Annual Statement To Be Filed.
21.16.080 Deposit Required When.
21.16.085 Deposit and Application.
21.16.090 Deposit of Money Received.
21.16.100 Collection of Revenues.
21.16.110 Adjustments and Refunds.
21.16.120 Billing and Collection of Sewer User Service Fees.
21.16.010 Bureau of Water Works to Furnish Data for Rates.
It is the mandatory duty of the Bureau of Water Works to cause to be prepared and to file with the City Attorney on or before May 15 of each year the required data for the preparation of an ordinance for the water rates for the succeeding fiscal year to be incorporated in an ordinance. Based on said data, the ordinance shall be filed with the Auditor not later than May 20 of each year.
21.16.020 Water Charged to Premises User.
(Amended by Ord. No. 137739, and 148389; passed Sept. 6, effective Oct. 8, 1979.) All charges for furnishing water within the City and also to premises outside the City served directly by the Bureau of Water Works shall be chargeable to the user of said water at that premises (or any former premises where water was supplied). If the premises are not in use, all charges shall be the responsibility of the owner. A property owner or his agent may become obligated for charges for furnishing such water to the user by accepting responsibility for payment thereof or by agreement with the Bureau of Water Works. Where a user or property owner has a delinquent bill for one premises, said delinquency shall be a charge against said user or property owner (for water obtained) at any of his other premises served by the Bureau of Water Works of the City of Portland.
21.16.030 Delinquent Water Bills.
(Amended by Ord. No. 133264, 137739, and 148389; passed Sept. 6, effective Oct. 8, 1979.) Whenever any charge for furnishing water to any premises shall not be paid by the user thereof or the person assuming responsibility therefor within 10 days after same becomes due and payable (and when the delinquent user occupies the premises), the Manager in Charge of the Bureau of Water Works shall have the authority to discontinue the service of water to the premises provided that such disconnection of service is preceded by a notice to the user advising him of the Bureau’s intent to discontinue service, of his right to request a hearing to challenge the discontinuance of service, and of the procedure by which a hearing may be requested. However, no service shall be discontinued if the current occupant of the premises used no portion of the water associated with the delinquent account. Water shall not again be furnished thereto until all outstanding obligations for water supplied to that user shall have been paid in full, and the charge for turning on such water shall have been paid in advance, as provided in the annual Water Rate Ordinance. The Manager of the Bureau of Water Works may, in cases where he finds the lack of water is endangering the health or causing great hardship, direct water service to be turned on prior to payment of outstanding water bills and/or service charges, but if the bills and charges are not paid within 3 days thereafter, then water service shall again be shut off and shall not thereafter be turned on until the bills, previous charges, and additional charges as provided in the annual water rate ordinance have been paid in full. The Manager of the Bureau of Water Works may provide for the institution of legal proceedings for the collection of delinquent water bills and charges in the small claims court of the county in which the premises served is located. The Manager may require a deposit be made with the Bureau of Water Works to ensure payment of future water bills and charges.
21.16.055 Collection and Work Orders.
(Added by Ord. No. 131164; amended by Ord. No. 133264; passed and effective Sept. 2, 1971.) All payment and refunds shall be made through the Business Operations Supervisor of the Bureau of Water Works and work orders for main extension, service connections, and meter installations for which a deposit or charges is or may be made under this Title, shall be made by the Business Operations Supervisor or the Manager in Charge of the Bureau of Water Works.
21.16.060 Dates and Places of Payment.
(Amended by Ord. No. 133264, 136047, 146439, 149319, and 153898; effective Jan. 1, 1983.) Charges for water used shall be computed quarterly and bills delivered quarterly to all consumers except for accounts as determined by the Manager of the Bureau to be billed monthly, and for which bills to be delivered monthly. The bill schedule shall be kept on file in the Office of the Bureau. The water bill, with a due date as specified in the annual rate ordinance, will be payable at either the Bureau or at authorized pay stations established by written agreement with the Bureau Manager.
21.16.070 Annual Statement To Be Filed.
(Amended by Ord. No. 133264; passed and effective Sept. 2, 1971.) An annual detailed statement of its income and expenditures shall be made and signed by the Manager of the Bureau of Water Works and shall be filed with the Auditor, who shall preserve the same among the files of his office. This annual report shall include a statement of the financial condition and pertinent engineering data of the Bureau of Water Works.
21.16.080 Deposit Required When.
(Amended by Ordinance No. 133264, effective September 2, 1971.) Whenever the Manager of the Bureau of Water Works finds that particular premises have been acquired, are being acquired or are expected to be acquired by any unit of government or corporation having the power of eminent domain for a future use which is unlikely to require water service, then in that event the Manager may, as a condition to continued service, require a money deposit by the water user at the premises. The deposit shall not exceed twice the amount at current rates for water consumption averaged during the previous year during each billing period at the premises. Upon determining the need for and amount of the deposit, the Manager shall notify the water user by certified mail of his requirement of deposit. If the deposit is not made by the user within 5 days thereafter, the Manager may discontinue the service of water to the premises. Any such deposit may be used to offset any delinquent bill and any final bill. Upon payment of a final bill or use of deposit to cover the same, the deposit or the remainder thereof shall be refunded to the depositor.
21.16.085 Deposit and Application.
(Added by Ord. No. 151084; effective Feb. 12, 1981.) An application, deposit, or both, for water service may be required from all new customers, customers shut off for nonpayment, or those customers with unsatisfactory credit moving within the Bureau’s jurisdiction. Unsatisfactory credit is defined as shut off for nonpayment with the past year. Failure to provide either the application, deposit, or both within the due date specified by the Water Bureau may result in discontinuance of service.
21.16.090 Deposit of Money Received.
All monies collected or received by the Bureau of Water Works for the use and consumption of water or otherwise shall be deposited with the Treasurer of the City. The Treasurer shall keep the same separate and apart from the other funds of the City in funds to be known as the Water Fund and the Water Construction Fund, and pay it out only on warrants signed by the Mayor, countersigned by the Auditor, and not otherwise.
21.16.100 Collection of Revenues.
(Amended by Ord. No. 133264, 151572; and 162992, effective June 2, 1990.) The Commissioner In Charge of the Bureau of Water Works and the Auditor are hereby authorized to enter into contracts for periods not to exceed 5 years with such persons or corporations as may be selected by the Manager of the Bureau of Water Works for the collection of water revenue for the City. The contracts shall provide for the payment of compensation for collection as provided in the annual rate ordinance. The contracts shall require that a bond be furnished by the collection agent or the City, at the City’s option, in a sum of not less than $5,000, the premium for such bond to be paid for by the City. The bond shall be conditioned upon the performance of such contract, and shall be in such form as may be satisfactory to the Manager of the Bureau of Water Works and the City Attorney. The contracts may further provide that the Bureau of Water Works will reimburse the collection agents for postage expended in transmitting coupons and remittances and will provide the necessary envelopes and report blanks for transmitting coupons and remittances to the Bureau of Water Works. The contracts shall provide that the collection agents shall not collect water revenue from any outside water districts or any political subdivision.
21.16.110 Adjustments and Refunds.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) The Manager In Charge of the Bureau may make adjustments or refunds where it is deemed necessary for the proper conduct of the business of the Bureau. A full explanation of the reason for the adjustment or refund must be filed with the office records.
21.16.120 Billing and Collection of Sewer User Service Fees.
The annual fee for billing and collecting sewer user service charges by the Bureau of Water Works shall be on a basis of agreement between the Commissioner In Charge of sewage disposal and the Commissioner In Charge of the Bureau of Water Works.
Chapter 21.20
TURNING ON OR SHUTTING OFF
Sections:
21.20.010 Application to Turn On Water.
21.20.020 Temporary Shut Off.
21.20.030 Unlawful to Turn On Water Without Authority.
21.20.040 Unlawful to Use Water Without Authority.
21.20.050 Authority to Shut Off Service.
21.20.010 Application to Turn On Water.
Applications to turn on water must be signed by the owner and agent of the property involved and must be filed in the Office of the Bureau of Water Works before they become effective.
21.20.020 Temporary Shut Off.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) Should it be desired to discontinue the use of water service, notice in writing must be filed with the Bureau by the owner, agent, or tenant. Shut off orders may not be accepted by the telephone. However, this provision will not apply to fire protection services, which shall be shut off only on order of the owner or authorized agent.
21.20.030 Unlawful to Turn On Water Without Authority.
(Amended by Ord. No. 139107; passed Nov. 14, effective Dec. 16, 1974.) If water is shut off for nonpayment of bill and is subsequently turned on by any water consumer or other person without authority from the Bureau of Water Works, and the outstanding bill for prior water service and charges is paid before discovery by the Bureau of the unauthorized turn-on, a penalty as provided in the annual water rate ordinance shall be added to the succeeding water bill. Should the water be turned on by any water consumer or other person without authority from the Bureau of Water Works and any outstanding bill for prior Water Bureau service and charges remains unpaid, the Bureau of Water Works may then stop water service either by shutting off the water at the main, by removing the meter, or by any other appropriate method. The charge for removing the meter and the charge for replacing the meter shall be in accordance with the annual water rate ordinance. The charge for stopping water service by any other method and the charge for subsequent restoring of the water service shall be as provided in the finance regulations, Title 5. All such charges shall be charged to the user and when the delinquent user occupies the premises, water shall not again be furnished to the premises until the charges are paid. The special penalties and charges set forth in this Section shall be in addition to and not in lieu of the penalty prescribed in Chapter 1.01.
21.20.040 Unlawful to Use Water Without Authority.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) It is unlawful for any water consumer or other person, without authority from the Bureau, to turn on, or cause to be turned on, a water service that has been shut off by the Bureau for nonpayment of a water bill.
21.20.050 Authority to Shut Off Service.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) The Bureau reserves the right at any time, without notice to shut off the water supply for repairs, extensions, nonpayment of bill and charges or any other reason. The Bureau shall not be responsible for any damage, such as the bursting of boilers, the breaking of any pipes or fixtures, stoppage, or interruption of water supply, or any other damage resulting from the shutting off of the water.
Chapter 21.24
RULES AND REGULATIONS
Sections:
21.24.010 Animals Prohibited on Watershed or City Property.
21.24.020 Fire Hydrants.
21.24.030 Water for Naval Vessels in Harbor.
21.24.040 Access to Premises for Inspection.
21.24.050 Addition of Chemicals Prohibited.
21.24.060 Unlawful to Damage, Alter, or Tamper with Water Property.
21.24.070 Unlawful for Owner to Authorize Use Without Authority.
21.24.080 Emergency Loan of Materials.
21.24.090 Impairment of Service to Other Customers.
21.24.100 Other Conditions of Service.
21.24.010 Animals Prohibited on Watershed or City Property.
It is unlawful for any person to permit domestic animals to run at large on any lands owned by the City, situated in Multnomah County, or in Clackamas County, used by the City in connection with the headworks of the Bureau of Water Works or in lands owned by the City within the area of the National Forest Reserve, which lands are used in connection with the Bureau of Water Works of the City.
21.24.020 Fire Hydrants.
(Amended by Ord. No. 149319, and 149403; passed April 9, effective April 28, 1980.) It is unlawful for any person to operate, alter, change, remove, disconnect, connect with, or interfere in any manner with any fire hydrant owned or used by the City without first obtaining written permission from the Bureau of Water Works. The provisions of this Section shall not apply to the Bureau of Fire of the City.
Permitted Use. Public fire hydrants are available for use of the Fire Department in the suppression of fire within the City. No other use of public hydrants shall be allowed except as provided in this Section. The Bureau may permit short term use of specified hydrants for activities such as tree spraying, street cleaning, ditch settling, building demolition, and related uses at the discretion of the Manager, however, in each instance, a permit is required. A permit will be issued by the Bureau for a period not to exceed 1 year. Upon application the permittee will present a Chapman type (slow closing) gate valve to the Bureau to be tagged with a valid permit listing applicant’s name, expiration date, and authorized locations. Rates and charges for usage will be specified in the Annual Water Rate Schedule. Backflow protection will be required on all potential hazards to the public water supply as determined by the Manager.
Installation and Maintenance. All fire hydrants connected to the Bureau’s water system within the public right-of-way are the responsibility of the Bureau for installation and maintenance, except as referred to under Section 21.08.030 while any hydrant connected to the system outside the City will be at the petitioner’s expense. The petitioner will be required to pay all expenses for additional hydrant installations to meet requirements of the Fire Bureau and in all instances the Chief Engineer will have final review. The Bureau may elect to allow a contractor to install to Bureau standards, fire hydrants as part of his Subdivision under Section 21.08.030. The developer will install these hydrants at his expense and turn over to the Bureau at such time as the main and appurtenances are accepted by the Bureau to become part of the City system.
21.24.030 Water for Naval Vessels in Harbor.
(Amended by Ord. No. 146794, and 149319; passed March 27, effective April 28, 1980.) The Bureau is authorized to furnish water to any visiting naval war vessel of the United States or to any visiting naval war vessel of any foreign country entering the harbor in the City, without payment.
21.24.040 Access to Premises for Inspection.
(Amended by Ord. No. 133264; passed and effective Sept. 2, 1971.) To the full extent permitted by law, employees of the Bureau of Water Works shall have free access, at proper hours of the day, to all parts of buildings and premises for the purpose of inspecting the condition of the water pipes and plumbing fixtures to determine whether cross connections or other structural or sanitary hazards exist, and the manner in which the water is being used. Whenever the owner of any premise supplied by the Water Bureau restrains authorized City employees from making such necessary inspections or refuses access therefor, water service may be refused or discontinued.
21.24.050 Addition of Chemicals Prohibited.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) It is unlawful for any person to make a connection to a system connected to the public water supply for the purpose of introducing chemicals for use as fertilizers, pesticides, herbicides, or other uses incompatible with potable water supplies, unless specifically authorized by the Bureau. Such authorization will be provided only on the condition that there is complete protection against contamination of the public water supply by the installation of an air gap or approved backflow prevention device.
21.24.060 Unlawful to Damage, Alter, or Tamper with Water Property.
(Amended by Ord. No. 139107; passed Nov. 14, effective Dec. 16, 1974.) It is unlawful for any person, without authority from the Bureau of Water Works, to willfully damage, connect to, operate, alter, or otherwise tamper with any City water main, service, meter, meter box, hydrant, valve, or any other facility owned or operated by the Bureau of Water Works.
21.24.070 Unlawful for Owner to Authorize Use Without Authority.
It is unlawful for the owner or other person having care, control, or custody of any premises connected to a City water service, to use or permit to be used, water through the service, with knowledge that the service has been turned on or is in operation without authority from the Bureau of Water Works.
21.24.080 Emergency Loan of Materials.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) The Manager of the Bureau may approve emergency loan of operating materials and equipment on a temporary basis to other governmental agencies, including water districts and municipalities, at their expense upon their written request, if such loan does not adversely affect the operation of the Bureau.
21.24.090 Impairment of Service to Other Customers.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) Where the use of water is intermittent or where such use produces extreme volume or fluctuations that may impair service to other customers, the Bureau may require that the customer provide, at his own expense, suitable equipment to reasonably limit fluctuations in use and pressures caused by the customer’s equipment or operations.
21.24.100 Other Conditions of Service.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) Before water service will be provided by the Bureau, the customer shall obtain any approval of facilities furnished or installed by him which may be required by the Bureau of Buildings or the Fire Department of the City of Portland or any other authority whose approval is required by law.
Chapter 21.28
DISTRIBUTION OF SURPLUS WATER
Sections:
21.28.010 Service Outside City.
21.28.020 Applications for Water Supply.
21.28.030 Water Supply to Distributors by Contract.
21.28.040 Information To Be Furnished by Distributors.
21.28.050 Resale of Water Prohibited.
21.28.060 Local Storage Required.
21.28.070 Other Applicable Provisions.
21.28.080 Suspension of Service.
21.28.010 Service Outside City.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) The Bureau may furnish surplus water to places, individuals, water companies, cities, and water districts outside the City boundaries and may charge therefor rates fixed by the Council in the Water Rate Ordinance. Subject to the provisions of Section 21.12.060, the customer must purchase a water meter of approved size and design, which shall be located where required by the City.
21.28.020 Applications for Water Supply.
Each individual applicant for a water supply outside of the City shall make application to the Bureau of Water Works upon a form containing the following agreement:
“Application is hereby made for water service at the premises known as ______________
outside the City of Portland, Oregon.
“It is understood and agreed that if this service be allowed, the undersigned owner and/or occupant of the premises referred to herein shall pay the rate prescribed by City ordinance from time to time for service at that location; that this service shall be a special contract service and not provided by the City as a common utility service; that the quantity of water supplied by this service may be reduced or the service entirely discontinued at any time when the Council of said City finds such action necessary in order to provide sufficient service to the inhabitants within the limits of said City, inasmuch as water service beyond the City limits is a service of surplus water not needed within the City; that at least 60 days’ notice in writing shall be given by the City before such discontinuance may be put into effect; that notice delivered at the premises or at the last known address of the owner or applicant shall be sufficient; that the undersigned owner may discontinue service without advance notice of more than 1 day, but shall be responsible for all water served to the premises by the City until notice in writing is given of such discontinuance.”
21.28.030 Water Supply to Distributors by Contract.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) When any outside distributor desires to purchase surplus water from the Bureau, the Mayor and the Commissioner In Charge of the Bureau may enter into and execute contracts to supply surplus water in accordance with the rates established by the Council and subject to all the provisions of the Charter and ordinances, and may include special terms and provisions found by the Commissioner In Charge to be reasonable and appropriate in the particular circumstances.
21.28.040 Information To Be Furnished by Distributors.
(Amended by Ord. No. 133264, and 149319; passed March 27, effective April 28, 1980.) On or before July 31 of each year, all outside City distributors shall furnish to the Manager of the Bureau a legal description or map of the distributor’s service area, at a scale no smaller than 1,000 feet to the inch showing the boundaries of the area supplied or to be supplied by its distribution system, and in addition, a map or maps showing all existing mains and those proposed to be installed within the next 12 months, the location, capacity, and overflow elevation of all storage tanks and reservoirs, as well as connections to other sources of water supply, whether such supply is owned by the distributor or obtained from others. All distributors shall furnish to the Manager of the Bureau within 10 days after the end of each month a statement showing the number of cubic feet or water sold by each source. All distributors shall report, on or before July 31 of each year, the origin, capacity, usage, and quality of each alternate source of water supply. All distributors shall also furnish on or before July 31 and January 31 of each year, a detailed list of the total number of new water service connections and locations segregated into the categories of single-family dwellings, duplexes, dwellings of three or more units, commercial, industrial, and private fire line services and the size of the meter for each service installed during the previous 6 months as of June 30 and December 31. All distributors shall furnish, not later than July 31 of each year, a statement listing both the total active and inactive services supplied directly and indirectly by distributor through other distributors as of June 30.
21.28.050 Resale of Water Prohibited.
(New Section substituted by Ord. No. 149319; passed March 28, effective April 28, 1980.) Outside City distributors shall sell no water to other distributors without prior written approval of the Manager of the Bureau. Such sales shall be subject to such conditions as the Manager may impose. In the event the distributor makes such sales without such approval, the City may make corresponding reductions in the amount of water supplied to the distributor or may impose rate penalties as deemed appropriate by the Manager of the Bureau and the Commissioner In Charge.
21.28.060 Local Storage Required.
(Amended by Ord. No. 149319; passed March 27, effective April 28, 1980.) All outside City distributors must provide a minimum storage of 3 times average daily consumption of water. The water supply may be discontinued at any time for noncompliance with this Section.
21.28.070 Other Applicable Provisions.
(New Section substituted by Ord. No. 149319; passed March 27, effective April 28, 1980.) The provisions of Section 21.24.010, 21.24.080, 21.08.020, 21.08.040, 21.12.270, 21.12.290 through 21.12.320, 21.12.340 through 21.12.360, 21.16.010, 21.16.100, and 21.20.050 shall apply to all outside City distributors and individuals purchasing surplus water.
21.28.080 Suspension of Service.
(Added by Ord. No. 149319; passed March 27, effective April 28, 1980.) The Bureau may suspend temporarily the delivery of water, for the purpose of making repairs or improvements to its system. During any emergency, the Department may apportion the available water supply among its customers in that manner which appears most equitable under the circumstances then prevailing and with due consideration for public health and safety.
Chapter 21.32
WATER CONSERVATION MEASURES
(Added by Ord. No. 165673, July 15, 1992.)
Sections:
21.32.010 Declaration of Policy.
21.32.020 Definitions.
21.32.030 Authority of Commissioner- In-Charge to Adopt Rules.
21.32.040 Enforcement.
21.32.050 Wholesale Purchasers.
21.32.060 Authority of Commissioner-In-Charge to Terminate Rules.
21.32.010 Declaration of Policy.
It is the policy of the City of Portland to provide clean, healthful, and plentiful water to its residents. There may be circumstances beyond the City’s control, however, including most particularly weather conditions and the effects of natural catastrophe or the actions of others on the City’s water supply sources, that make it necessary to reduce the water regularly used by the City’s residents and apportion among the City’s residents a restricted supply of water. In those circumstances, the City intends that water be apportioned in a manner that is consistent with the City Charter and other relevant provisions of this Chapter 21 of the City Code, is determined by the Bureau of Water Works to be equitable under the circumstances, and takes into account public health and safety.
21.32.020 Definitions.
For purposes of this Chapter, and rules adopted thereunder, the following terms shall have the following definitions:
A. “Commissioner-In-Charge” shall mean the Commissioner-In-Charge of the Bureau of Water Works.
B. “Administrator” shall mean the Administrator of the Bureau of Water Works, or the Administrator’s designee.
C. “Resident” shall mean residential (single family and multi-unit), commercial, industrial, and other in-City water users.
21.32.030 Authority of Commissioner-In-Charge to Adopt Rules.
A. Authorization.
1. When the Commissioner-In-Charge of the Bureau of Water Works finds that a water shortage exists or is imminent or that any other emergency situation exists which threatens seriously to disrupt or diminish the municipal water supply, the Commissioner-In-Charge may authorize the Administrator to adopt rules, procedures, and forms to restrict water use in a manner that accomplishes the policy announced in this Subsection of the City Code and to otherwise implement the provisions of this Subsection.
B. Procedure.
1. Any rule to implement this Subsection or its amendment or rescission, except as provided in Subsection B 3 below, shall be adopted pursuant to the public review process described in Subsection B 1.
a. Whenever the Administrator proposes to issue, rescind, or amend a rule, the Administrator shall first publish notice of such intent in a newspaper of general circulation in the Portland metropolitan area. The notice shall include, at a minimum, the following: a statement of the time and place of any public meeting on any proposal; a statement of the purpose of the proposal; either the specific language of the proposal or a description of the proposal’s contents; when language of the proposal is not included in the notice, the location at which copies of the full proposal may be read or obtained; the name of the person at the Bureau to whom questions about the proposal may be directed; and the announcement of the opportunity to provide written comments on the proposal to the Administrator within 30 days of the date the notice is published.
b. Forty-five days after publication of the notice, the Administrator shall hold a public meeting which shall record testimony and oral comments on any proposed rule(s). The Administrator may continue any such hearing to another date.
c. After consideration of public comments and other relevant matters, the Administrator may issue the rules in final form. Notice of the issuance of the rules shall be given in a newspaper of general circulation in the same manner as the notice of a proposal to make, rescind, or amend rules
2. Unless otherwise stated in the rule, any rule shall become effective and enforceable upon issuance of the notice required in B 1c above and shall be filed in the office of the Administrator.
3. Notwithstanding Subsection B 1 above, an interim rule may be adopted without prior notice and without following the procedure of that Subsection upon a finding by the Administrator that failure to act promptly will result in serious prejudice to the public interest. Any rule adopted pursuant to this Subsection shall be effective for a period of not longer than 180 days.
21.32.040 Enforcement.
A. Customers who fail to comply with the requirements or prohibitions of this Chapter or rules adopted hereunder may be subject to enforcement actions by the Administrator and the Administrator’s authorized representatives.
B. Violations.
1. A violation shall have occurred when any requirement or prohibition of this Chapter or rules adopted hereunder has not been complied with.
2. Each separate occasion on which a violation occurs shall be considered a separate violation. No more than one violation per prohibited use per day shall be issued.
C. Enforcement mechanisms. In enforcing any of the requirements or prohibitions of this Subsection or rules adopted hereunder, the Administrator or a duly authorized representative may:
1. Issue warning notices;
2. Issue notices of violation and orders to comply;
3. Institute an action before the Code Hearings Officer;
4. Issue civil penalties, as set out in rules adopted under the authority of this Subsection; or
5. Take such other action as the Administrator deems appropriate.
D. Penalties. Violations of this Subsection or of rules adopted hereunder may be subject to the following penalties per violation:
1. Fine(s) up to $500. And at the Administrator’s discretion:
2. Installation of a flow restrictor on the City side of the resident’s water meter;
3. Termination of water service.
E. Appeal of enforcement action. Upon receipt of a notice of an enforcement action, a customer may appeal the Administrator’s action within 30 days to the Code Hearings Officer in accordance with procedures set out in Chapter 22 of the Portland City Code; provided that such an appeal shall include a copy of the action that is the subject of the appeal, shall state the basis for the appeal, and shall be filed with the Code Hearings Officer and the Bureau of Water Works.
21.32.050 Wholesale Purchasers.
Notwithstanding Subsection 21.32.010 to 21.32.040, water curtailment for wholesale purchasers shall be instituted pursuant to wholesale contractual agreements.
21.32.060 Authority of Commissioner-In-Charge to Terminate Rules.
A. Authorization. When the Commissioner-In-Charge finds that the remaining water supply exceeds anticipated demand, and that the water shortage or any other emergency situation no longer exists or is imminent, the Commissioner-In-Charge may authorize the Administrator to terminate rules, procedures, and forms that had been adopted to restrict water use.