Ordinance No. 16-19 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16- 1 q
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 12 SECTION
12.10.160, SERVICE CONNECTION MAINTENANCE
WHEREAS,the City of Tigard reads an average of 1500 water meters a day;and
WHEREAS, in order to keep costs low, customer service optimal and lessen the need for water meter
maintenance the city needs clear and unobstructed access to the water meters for reading and service;and
WHEREAS, the Tigard Municipal Code does not outline enforcement of access to water meters within the
standards outlined in paragraph B;and
WHEREAS,establishing a rule for enforcement of the Service Connection Maintenance section of the Tigard
Municipal Code will ensure consistent and accurate reading and easy access in the event of a meter leak.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 12, section 12.10.160 of the Tigard Municipal Code is amended as shown in
Exhibit A;text to be added is shown in underline.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By RJVn)mous vote of all council members present after being read by number
and tide only, this ''kday of St lent 6e Y- ,2016.
Q
Carol A. Krager,City Recorde
APPROVED: By Tigard City Council this �3 today of �,2016.
John ook,Mayor
Approved as to form:
City Atto
Date
ORDINANCE No. 16-
Page 1
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 12.10 WATER SYSTEM RULES
AND REGULATIONS* 12.10.010 Definitions
Sections: "Tigard Water Service Area (TWSA)" shall
mean the territory within the boundaries of City of
12.10.010 Definitions Durham, City of King City, Tigard Water District
12.10.020 Introduction and the portion of the City of Tigard not served by
12.10.030 Use of Water Tualatin Valley Water District(TVWD). (Ord. 12-
12.10.040 Service Size 06 §3)
12.10.050 Separate Connection
12.10.060 Furnishing Water 12.10.020 Introduction
12.10.070 Service Pipe Standard and
Maintenance All definitions, authority, rules, and
12.10.080 Violation of Utility Services regulations as described in Chapter 12.01, Utility
Code Services Rules and Regulations, are applicable to
12.10.090 Jurisdiction this chapter. (Ord. 12-06 §3)
12.10.100 Waste-Plumbing-Inspection
12.10.110 Physical Connections With 12.10.030 Use of Water
Other Water Supplies or
Systems Water will be furnished for ordinary
12.10.120 Cross-Connection Control domestic, business and community purposes, and
Program fire protection only.No water will be furnished for
12.10.130 Payment-Delinquency. the direct operation of steam boilers,machinery or
(Repealed By Ord.96-02) golf courses, except on an interruptible basis, and
12.10.140 Water Rates the city will assume no responsibility therein.
12.10.150 Interrupted Service-Changes (Ord. 12-06 §3)
in Pressure
12.10.160 Service Connection 12.10.040 Service Size
Maintenance
12.10.170 Limitation on the Use of Water Upon the application for new water service,
12.10.180 Fire Hydrant-Temporary Use and payment of all charges, the city will install a
12.10.190 Illegal Use of Fire Hydrant or service connection and meter of such size and
Meter location as approved by the Public Works
12.10.200 Amendments-Special Rules- Department. Meter and water service piping shall
Contracts be sized using the fixture count method as
12.10.210 Grievances described in the State of Oregon Uniform
12.10.220 Findings and Declaration of a Plumbing Code. The minimum size of any water
Water Emergency meter, which connects to the city water system,
12.10.230 Enforcement shall be five-eights/three-fourths inch diameter.
12.10.240 Penalties
12.10.250 Water Shut-Off In new subdivisions, the city requires the
installation of water mains, valves, hydrants and
*Prior ordinance history: Ord.Nos. 93-34,94-19, water services by the developer as a part of
96-02,01-15, 02-31. improvements as described in this chapter. All
improvements and installations shall be in
accordance with public improvement design
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TIGARD MUNICIPAL CODE
standards. (Ord. 12-06 §3) The service pipe within the premises and
throughout its entire length to the water meter
12.10.050 Separate Connection must be in serviceable condition. It must be
protected from freezing at the expense of the
A separate service connection will be customer, lessee, or agent, who shall be
required for each dwelling, apartment or motel, responsible for all damages resulting from leaks or
place of business, and institution. All outlying breaks. (Ord. 12-06 §3)
buildings and premises used as a part of such
dwelling place or business or institution may be 12.10.080 Violation of Utility Services
served from such connection, as well as all Code
buildings on such premises operated under the one
management. The city shall prescribe the number A. Waste. No customer shall cause or
of buildings to be served from one meter and such permit water to run or be discharged through the
determination shall be final. (Ord. 12-06 §3) fixtures, pipes or faucets on the customer's
premises in excess of the quantity necessary for
12.10.060 Furnishing Water domestic, irrigation or other permitted purposes
under this code.
The city shall not be obligated to furnish and
install, at its expense, system facilities for all B. Damage. No person shall willfully or
property within the city. The city shall, so far as maliciously damage or in any manner interfere
reasonable and practicable and within its financial with or remove any of the pipes,valves,back flow
means, however, provide adequate source of prevention devices, meters, lock seals, surface
supply, necessary primary transmission mains, water management systems or other property
storage facilities and other improvements belonging to the city or used in connection with
necessary to make water service generally the city utility system. Any person violating this
available to all areas within the city. Extensions to section shall be charged for all costs associated
furnish water to areas not now served by the city with repairing any such damage or interference,
will be made at the expense of those persons plus any penalty. This charge may be added to the
requesting service. Such extensions will be made utility bill. Failure to pay such repair charges shall
by the city or by those expressly authorized by the be a basis for discontinuance of service.
city. Consideration will be given to the city's
ability to serve and to eligibility for annexation to C. Tampering. No unauthorized person
the city of the property to be served. The city may shall tamper with, alter, or damage any part of the
contract with other governmental entities for the city utility system, reservoir system, pumping
provision of water. The terms of service will be station, surface water management system,
defined by agreement and consistent with the metering facilities, or open or close any fire
terms of this chapter. (Ord. 12-06§3) hydrant or service line. No person shall alter the
utility service in a manner which would allow
12.10.070 Service Pipe Standard and service to more than one household without
Maintenance applying for service and complying with this code.
The council may establish a tampering fine by
Service pipes of all sizes, within or without resolution for violation of this provision.This fine
the premises, whether for domestic, commercial, may be
or fire protection purposes, must be materials,
quality, class, and size as specified by the state
plumbing code or regulations of the city.
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TIGARD MUNICIPAL CODE
included in the utility bill.Failure to pay that fine without the written consent and approval of the
can result in discontinuance of service. City Council, and the written approval of the
Oregon Health Authority. Included in this
D. Violations. Violation of this section is category are all pipe lines, appurtenances and
punishable by a fine of not more than $5,000. facilities of the city system and all pipes,
Violation of this section a second or subsequent appurtenances, pumps, tanks, storage reservoirs,
time within a 24-month period is punishable by a facilities, equipment, appliances, etc., of other
fine of not less than $1,500 and not more than systems whether located within or on public or
$5,000. private property, or the premises of a water
customer.
E. Code Violation a Civil Violation. In
addition to the other penalties provided by this B. Any such connection shall be removed
code and state law, a violation of any requirement by the customer within 10 days after written notice
of the Utility Code shall be a civil violation to remove is given by the city. If not removed
pursuant to Chapter 1.16 of this code and may be within the time specified, the city may remove or
prosecuted in the Municipal Court of the City of discontinue any connection which it may have for
Tigard. (Ord. 12-06 §3) servicing the property.
C. No person shall interfere with or
12.10.090 Jurisdiction of Water System attempt to prevent the public works director or
The operation and repair of the city's water other authorized representative from entering upon
system,including pipes,valves,pumps,reservoirs, private premises and inspecting the property when
an emergency exists or the public works director
fixtures, etc. is the complete responsibility of the or authorized representative exhibits a warrant
city's Public Works Department. No plumber, authorizing entry. (Ord. 12-06 §3)
contractor, or other person will be allowed to
connect to or operate any part of the city's water
12.10.120 Cross-Connection Control
system up to and including the water meter. (Ord.
12-06 §3) Program
A. The city maintains a cross connection
12.10.100 Waste-Plumbing-Inspection control program in order to protect the public
water supply from contamination or pollution,and
Water will not be furnished to premises to assure that approved backflow prevention
where it is allowed to run or waste to prevent assemblies or devices are tested and/or inspected
freezing or through defective plumbing or annually.
otherwise. Plumbing should be in conformance
with the appropriate codes of the jurisdiction B. Determination by the city of
issuing the building permit. (Ord. 12-06 §3) appropriate levels of protection shall be in
accordance with the Accepted Procedures and
12.10.110 Physical Connections With Practice in Cross-Connection Control Manual,
Other Water Supplies or American Water Works Association, Pacific
Systems Northwest Section, current edition. (Ord. 12-06
A. Neither cross-connections nor physical §3)
connections of any kind shall be made to any other
water supply,whether private or public,
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TIGARD MUNICIPAL CODE
12.10.130 Payment—Delinquency result in discontinuance of service. The city shall
(Repealed by Ord. 96-02) have no liability for trimming of maintaining
vegetation in order to read meters. (Ord. 12-06 §3)
12.10.140 Water Rates
12.10.170 Limitation on the Use of Water
All rates, fees and charges shall be set by
resolution of the Tigard City Council. (Ord. 12-06 A. Limitation on the use of water as to
§3) hours,purpose,or manner may be prescribed from
time to time by order of the public works director,
12.10.150 Interrupted Service—Changes in based on a finding that the limitation is reasonable
Pressure given the available and projected water supply and
demand. Any order under this section shall be
The water may be shut off at any time for reviewed by the City Council at its next session
repairs or other necessary work with or without following issuance of the order. The City Council
notice. Conditions may cause a variation of the may affirm,withdraw or amend the order.
pressure, The city will not be responsible for any
damage caused by interruption of service or B. The public works director, the city
varying pressure. (Ord. 12-06 §3) manager or the City Council may call for
voluntary reductions in water use, including, but
12.10.160 Service Connection not limited to, voluntary rotational watering plans.
Maintenance
(Ord. 12-06 §3)
A. The city will maintain all standard 12.10.180 Fire Hydrant-Temporary Use
service connections in good repair without
expense to the customers. Each customer is Any person who desires to use a fire hydrant
required to use reasonable care and diligence to for temporary water supply must obtain
protect the water meter and meter box from loss or permission of the city. The charge for temporary
damage by freezing,hot water,traffic hazards,and use shall be set by resolution of the City Council.
other causes, in default of which, such customer The customer is responsible for repair and/or
shall pay to the city the full amount of the replacement of damaged meter. (Ord. 12-06 §3)
resulting damage.
12.10.190 Illegal Use of Fire Hydrant or
B. Each customer is required to maintain a Meter
vegetation and other obstruction free zone of a
minimum of two feet around the water meters,fire Connection to a fire hydrant or meter without
hydrants or other water appurtenances. Clear proper authority is a Class 1 civil infraction. (Ord.
access to the meter shall be from the street side in 12-06 §3)
a direct path to the water meter. The customer
shall remove any obstruction within 30 dates' 12.10.200 Amendments-Special Rules-
written notice from the cityFailure to maintain Contracts
the area within the time ordered by the city may
result in city personnel clearing the area to meet The city may at any time amend, change or
the city's meter reading and maintenance needs. modify any rule, rate or charge, or make any
The City Council may establish a service special rule, rate or contract, and all water service
connection maintenance charge by resolution for is subject to such power.(Ord. 12-06 §3)
violation of this provision. This charge may be
included in the utility bill. Failure to pay fine may
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12.10.210 Grievances B. Second violation of the same type:
Any grievance as to service or complaints Class 3 infraction-$50.
shall be made to the public works director, who C. Third violation of the same type: Class
shall attempt to resolve the problem. Any 2 infraction-$100.
unresolved grievances as to service or complaints
shall be reported and will be considered by the city D. Fourth and subsequent violations of the
manager. (Ord. 12-06 §3) same type: Class 1 infraction - $250. (Ord. 12-06
12.10.220 Findings and Declaration of a §3)
Water Emergency 12.10.250 Water Shut-Off
Upon finding that the municipal water supply After the third violation of a curtailment
is incapable of providing an adequate water supply restriction, the public works director may order
for normal usage due to a drought, system failure that the water service to the location where the
or any other event,the City Council may declare a violation has occurred shall be shut-off or reduced.
water emergency and require that water usage A shut-off notice shall be posted on the property at
must be curtailed. The declaration shall include the least 48 hours prior to the scheduled shut-off or
effective date, the reason for the declaration and reduction. The shut-off notice shall specify the
the level of prohibition declared.The City Council reasons for the shut-off or reduction. Any person
may include an estimated time for review or wishing to avoid a shut-off must provide the
revocation of the declaration. (Ord. 12-06 §3) public works director with evidence that the shut-
off will create a health or safety risk. All shut-offs
12.10.230 Enforcement imposed under this section shall be temporary, not
to exceed 30 days,provided the applicable charges
A. Warning. The city shall send a letter of are paid prior to reconnection.(Ord. 12-06 §3)•
warning for each violation of a curtailment
restriction if no previous letter of warning has
been sent to the person responsible for the
violation. The letter of warning shall specify the
violation, may require compliance measures and
shall be served upon the person responsible for the
violation. Service may be in person, by office or
substitute service or by certified or registered mail,
return receipt requested.
B. Civil Infraction. After the person
responsible for the violation has received a
warning letter, any subsequent violation shall be
treated as a civil infraction under Chapter 1.16.
(Ord. 12-06 §3)
12.10.240 Penalties
A. First violation:Warning letter.
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