For the purposes of this Chapter the words set out in this section shall have the following meanings:
A. “Applicant” means a person, corporation, association or agency applying for water service.
B. “Commercial services” means all service to mercantile establishments, professional offices, public or governmental buildings, hospitals, retirement homes, churches, combined residential and commercial/mercantile businesses and to apartment houses, except those in which each unit is metered separately.
C. “Customer” means a person, corporation, association or agency receiving water service.
D. “Domestic service” means the provision of a metered service to a single living unit for purposes of normal domestic consumption including such uses as sprinkling lawns, gardens and shrubbery; the watering of livestock; the washing of vehicles; and other similar or customary uses.
E. “Fire protection service” means water service to premises for purposes of fire protection only.
F. “First-level customers” means all customers served directly by the system’s main-level storage and pumping system (customers normally below six hundred ten feet (plus or minus) elevation).
G. “High level service” means those areas served by the water utility that in the opinion of the City require secondary pumping to provide adequate service.
H. “Industrial service” means the provision of water to a customer for use in manufacturing or processing activities.
I. “Mains” means distribution pipelines located in streets, highways, public and private rights-of-way which supply water for general public usage.
J. “Multiple blocks” means where more than one service unit exists per water meter.
K. “Municipal or public use” means the provision of supplying water to governmental or public entities.
L. “Premises” means the property and/or unit(s) to which water service is being requested or is provided.
M. “Rate schedules” means those rates, charges, rentals and regulations as they are set forth and amended from time to time by the City Council.
N. “Second-level customers” means all customers served by a booster facility pumping from the first-level system.
O. “Service” means the provision of a water meter.
P. “Service connection” means the pipes, valves and appurtenances necessary to supply water from distribution mains through the meter, but this does not include the piping from the meters to the point of service.
Q. “Service unit” means each self-contained living unit or independent business activity.
R. “Temporary service” means service that will not be of a permanent nature, such as circuses, fairs, construction, etc.
S. “Third-level customers” means all customers served by a booster facility pumping from the second-level system.
T. “Utility” means the City of Roseburg, a municipal corporation of the State of Oregon. (Ord. 2929 § 1 (part), 1996)

Service area includes those areas in which water service is directly or contractually furnished by the utility. Those areas generally include that territory within the corporate limits of the City of Roseburg and areas adjacent to the City which can be adequately served. (Ord. 2929 § 1 (part), 1996)

A. Supply. The utility will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to its customers and to avoid any interruption in the delivery of said service.
B. Quality. The utility shall exercise reasonable diligence to supply safe and potable water at all times.
C. Classes of Service. Classes of service shall be determined by Council resolution. (Ord. 2929 § 1 (part), 1996)

A. Application. Each applicant for water service may be required to sign a form provided by the City setting forth:
1. Date of application;
2. Location of property to be served;
3. Date for which service is being requested;
4. Has property been previously served;
5. How will the service be used (commercial, residential, multiple-block, etc.);
6. The size of service being requested;
7. The address to which bills are to be delivered;
8. Whether the applicant is an owner, agent or tenant of the property;
9. Owner of property, address, etc.;
10. An agreement to abide by all rules and regulations of the utility as they now exist or as they may be changed or amended from time to time;
11. Such other information as the City may reasonably request.
B. Deposits.
1. New Turn-Ons. Deposits set by Council resolution shall be required of residential, commercial and industrial users, except when the applicant is a present customer, at a different address, and has not had service discontinued during the previous twelve months for nonpayment.
2. Existing Customer. All existing customers, if service is discontinued for nonpayment, may be required to comply with the deposit requirements of Paragraph 1 of this Subsection before service will be restored. Such a deposit shall be returned to the customer as provided in Subparagraph 3b of this Subsection.
3. Refund of Deposits. Deposits shall be refunded to the customer by applying one-half of the deposit to the first billings sent to the customer, with the balance of the deposit being refunded to the customer:
a. On termination of service, less any amount then due and payable;
b. On or about the fifteenth of the month following twelve months of continuous service, provided applicant has not had service discontinued for nonpayment during the same period.
4. Interest on Deposits. Interest will not be paid on any deposit.
C. Changes in Customer’s Equipment. A customer making material changes in the size, character or extent of the equipment or operation utilizing water service and if such change results in the consumption of larger or smaller amount of water, said customer shall immediately give the utility written notice of the change. Changes shall be made in accordance with Sections 5.04.090.C. and F. of these rules and regulations.
D. Special Contracts. Contracts, other than applications, may be required prior to service where, in the opinion of the utility, special circumstances warrant special consideration.
E. New Account Fees. A charge set by Council resolution will be collected for the activation of any account new or previously in service where turn-on occurs during regular hours. An additional charge set by Council resolution will be collected for any service turned on other than during regular hours. Note: The assignment of the bill to another agent that does not entail the reading or turning on of the meter shall not be construed as a new account. (Ord. 2929 § 1 (part), 1996)

A. A main extension and/or special facilities shall be required to service all property which cannot obtain service as outlined in Section 5.04.090.
B. The following rules shall apply to all extensions:
1. The minimum size of the water main to be installed shall be six inches in diameter. The minimum size may be reduced where mains are installed in a nonextendable dead-end street, along fringes of pressure levels or at other locations determined to be nonextendable by the utility, provided that the size reduction will not lower present or future fire protection or hydrant coverage to less than the requirements of paragraph 10 of this Subsection.
2. The normal routing for the water main extension shall be in a dedicated street right-of-way.
3. Except as provided in Paragraph 4 of this Subsection, the utility shall design and engineer all extensions to the water system and shall have the sole right to determine size, location and type of facility to be constructed. All engineering shall be based on both domestic and fire protection design criteria. The installation of all water facilities shall be by utility forces or through a prequalified contractor approved by the utility.
4. Where water main extensions are to be installed in conjunction with the development of land using private funds, the land developer may use a licensed engineer to design, engineer and supervise the installation of the facilities, subject to the following:
a. The facilities shall comply with the rules contained in this subsection, and development activities shall comply with Chapter 4.02 and other provisions of this Code and the City’s land use and development ordinances.
b. Prior to construction the Utility Director shall review and approve all plans and specifications and shall inspect and, upon construction, approve the installation of the facilities.
c. The Utility Director shall supervise the physical connection of the water main extension to the utility system and the sanitizing and testing of the facilities.
d. The utility shall not issue a final approval and may not allow any water service to developer’s development until the developer has paid the actual costs of the Utility Director’s services as described above and has provided the Utility Director with as-built drawings of the extension and related facilities certified and stamped by a licensed engineer.
5. All water main extensions for a single-family dwelling lot must extend to the centerline of the lot. In instances where the building lot has frontage paralleling the route of the water main extension in excess of one hundred fifty feet, the water extension shall extend to a point opposite the most distant side of the house or driveway, whichever is greater.
6. If a main exists which serves an existing lot on one side of the street which is extended midway through said lot, and an applicant on the other side of the street requests water service from this main, then when approved the applicant must extend the main completely through the applicant’s property. This is to ensure an orderly progression of main extensions and not force parties further down the street or right-of-way to stand the cost of extension through the applicant’s property.
7. All main extensions for other than one single-family lot shall extend the main to the extreme property line of the development. If the property has excess frontage on the right-of-way and only partial development is to occur, then some consideration may be given to shortening the extension, provided sufficient assurance is given to ensure the extension is extended at the time other development occurs. This determination shall be made solely by the utility.
8. The utility may pay for oversizing of main extensions over eight inches in residential development, provided the petitioner’s individual needs do not dictate a larger line size. The oversize payment shall be limited to materials only on all projects installed by other than utility forces.
9. The utility may, at its option, supply materials for main extension projects. All material supplied by contractor must meet strict material specifications set forth by the utility. Failure to do so will result in nonacceptance of the project. All materials supplied by the utility to any main extension project shall be billed at the utility’s replacement cost, plus a twenty percent overhead and handling charge.
10. All main extensions and system design shall include fire hydrants and other devices necessary to meet requirements of the City or fire district where the development occurs.
11. Under conditions where hydrants are required within the property to be served, the main must be extended to the hydrant locations. Easements for these internal lines and hydrants must be provided by the developer.
12. In large projects or projects where extensive engineering or design is required prior to preliminary estimates or design being obtained, the utility may require a cash advance to cover the cost of such engineering or design. All engineering work completed by the utility will be understood to be the property of the utility.
13. In areas of service above the main system service elevation, special facilities will normally be required in addition to main extensions to provide service (see Section 5.04.050).
14. Financing of Extensions. There are three basic means of financing main extensions. They are outlined below.
a. Cash Deposit. Under this method the developer is required to pay the total cost of the project using the following procedures: First, the utility may prepare an estimate of the approximate costs of the project including material, installation, inspection, disinfection, engineering and overhead. If the developer or developer’s contractor is to supply materials and install the project, the developer shall provide a cash advance sufficient to cover the estimated cost for the engineering and related water utility services needed on the project (engineering, drafting, inspectors, etc.), prior to starting the project. Finally, upon completion of the project, actual costs of the engineering and related utility services will be computed. If the actual costs exceed the amount of the cash deposit, the developer shall pay the balance due. If the deposit exceeds the actual costs, the utility shall refund the balance to the developer.
b. Bonding. In the case of extremely large projects or projects which require a large time frame to complete and the utility is extensively involved in the project, the developer may supply the utility a bond to cover the estimated cost.
c. Local Improvement Petition. When consistent with City policies, local improvement districts may be formed and bonds sold to fund main extensions and special facility projects, provided the property lies within the City and a majority of property owners affected are in agreement with the project. The formation of a local improvement district shall proceed under Chapter 4.04.
15. Refunds may be made to the developer in the areas where the developer is required to extend mains through other property. Refund will be made in the form of a connection charge which will be imposed on the other benefitted properties which front the main extensions. The connection charge must be paid for a benefitted property before water service will be rendered to the property. The connection charge normally will be based upon an area formula consisting of proportionately equal connection charges.

The area served shall be based upon the product of the front footage times the depth of the lots benefitted. In areas where no established lots exist, the depth shall be one hundred fifty feet or a logical approximation of the depths to be served, as established by the utility. The total cost of the project shall cover all costs related to the project including material, installation, inspection, disinfection, engineering and overhead. If the developer or developer’s contractor is to supply materials and install the project, he or she must secure three competitive bids for the cost of the extension. These bids must be turned in to the utility with a bill for the developer’s actual cost of installation and materials before it will be accepted and included in the total cost of the project. If the bill is higher than the low bid, then the low bid will be used in determining the cost of the project. No interest will be allowed in computing the total cost. The life of the connection charge agreement shall not be greater than ten years starting after the completion and acceptance of the project by the utility.
16. Installers of any and all water lines or appurtenances must meet minimum prequalified standards set by the utility. These standards shall include, but are not limited to, insurance requirements, bonding requirements and experience in the field of water line installation. The water lines must be installed in accordance with the utility’s specifications which are available upon request.
17. If the developer installs and purchases the material the developer must guarantee the project for a period of one year from the date of acceptance of the project by the utility.
18. A contract agreement between the developer and the utility outlining the above criteria must be signed before the start of the project. (Ord. 2929 § 1 (part), 1996)

A. In any high-level service area, special facilities in the form of booster pumps, storage tanks, control equipment, etc., will be required. Except as provided in Section 5.04.040.B.4., the City shall engineer and design all high-level, special facilities and shall have the sole right to determine the size, location and type of facility to be constructed.
B. The person requesting the service to the high-level area shall pay the full cost of said facilities including materials, installation, engineering, surveying, etc., as may be required.
C. A connection charge or bonding agreement as outlined in Section 5.04.040 may also be used to fund or refund expenditures of this nature. In addition, a special facilities surcharge may be added to the water service charges when the City has agreed with the property owner(s) or his predecessor(s) in title to use such a special charge to finance all or part of the cost of a special facility which serves the customer’s property. (Ord. 2929 § 1 (part), 1996)

A. Application for Service. The City reserves the right to act on each application for service outside the City limits, whether for new service or change in service, on its merits without regard to any other past or present application or service. Water service to property outside the City may not be provided until the property, if contiguous, is annexed to the City, or if the property is not contiguous, an irrevocable petition to annex the property to the City, in form acceptable to the City, is filed with the City. Such requirement shall not apply to property which is the subject of a valid option for future water connection, recognized as such by the City pursuant to the 2007 Dixonville Water System Transfer Agreement, and provided the property is not contiguous to the City limits and is outside the Urban Growth Boundary at the time of application for service.
B. If an application for new service or change in service outside the City is approved, the initial fees and charges for such service and the periodic rates and charges for such service which the applicant and customer shall pay shall be any and all fees, charges and rates as set forth and approved by Council resolution. Without limiting the foregoing, such fees, rates and charges shall include but are not limited to the following, as set forth and approved by Council resolution, calculated in the same manner as they are calculated for properties located inside the City:
1. Any and all water-related fees, rates and charges including water system development charges, water service connection fees, water service permit fees, special connection fees, monthly water-related fees or charges and any related administrative fees;
2. Any and all transportation-related fees, rates and charges including transportation system development charges, any monthly transportation utility fees and/or transportation impact fees established and imposed by Council, and any related administrative fees; and
3. Any and all parks system development charges and any related administrative fees.
C. Rules and Regulations.
1. All customers outside the City receiving water from the City shall comply with and be bound by the rules and regulations established to operate and maintain the utility.
2. Customers will cooperate to a reasonable and practical extent with other customers with regard to the extension or enlargement of common facilities.
3. No customer shall interconnect between water furnished by the utility and water from another source.
4. No customer shall allow the extension of their service to another property or customer.
D. Nothing in this section shall limit the Council’s authority to contract with a corporation, association, municipal corporation or special service district to provide water service to others through such an organization. (Ord. 3287 § 1, 2008; Ord. 3280 § 1, 2008; Ord. 2929 § 1 (part), 1996)

A. A water account is delinquent if it is not paid within thirty days following the date of billing of said account.
B. A second notice shall be mailed to all past-due accounts on or about thirty days following the original billing date. The second notice shall state that water service may be discontinued after the fifteenth day following the date of the second notice.
C. At least twenty-four hours prior to discontinuance of water service for delinquency, a delinquency notice shall be left at the premises receiving water service, or, if unable to reasonably access premises, the notice shall be mailed to the customer. The delinquency notice shall state when water shall be turned off unless all delinquent amounts and charges are paid.
An administrative charge set by Council resolution shall be added to the account if the account has not been paid and a delinquency notice has been mailed to the customer or left at the premises receiving water service.
D. In all instances where water service has been discontinued because of delinquency, a restoration fee set by Council resolution shall be collected in addition to the delinquent amount prior to restoration of service.
E. The City Manager shall, in the case of extreme hardship or by prior arrangement with the customer, have the discretion not to discontinue service to a delinquent account upon acceptance of a valid plan for the payment of all past- due charges.
F. If the customer disputes the amount due on the account, the customer shall have fifteen days from the date of the second notice within which to file a written request to have the account reviewed by the City Manager. The request shall state the reasons why the customer believes the amount to be in error.
1. Any customer seeking timely review of a water bill in writing shall be heard before discontinuation of water service. The hearing shall be held by the City Manager. The decision of the City Manager shall be final.
2. After hearing, if the City Manager finds in favor of the customer, any or all of the appropriate charges may be returned to the customer or credited to the customer’s account based upon the City Manager’s findings. If the City Manager determines that the customer owes the City any money, the customer shall pay the amount due within the time ordered by the City Manager. If the amount is not paid, water service shall be discontinued.
G. Final bills are due and payable upon receipt. After thirty days the account shall be rebilled. If the account is not paid after an additional sixty days, the account shall be turned over to a collection agency. All accounts uncollected after being in collection for a period of ninety days shall be written off.
H. In cases where termination of service for a delinquent account may cause severe hardship or loss of life, the City shall initiate other collection action against the customer. This action may include the use of a court of competent jurisdiction. (Ord. 2929 § 1 (part), 1996)

A. Notices required to be given by the utility will normally be given in writing, and may be delivered personally or by mail to the address for which water service is rendered.
B. Notice from a customer or a customer’s agent may be given to the utility orally or in writing at the utility’s office. (Ord. 2929 § 1 (part), 1996)

A. The utility may furnish and install a service of such size and at such location as the applicant requests, provided:
1. The request is reasonable.
2. The location is such that the utility has in place a distribution main of sufficient size adequate to provide service to the location without detriment to existing customers.
3. The distribution main is adjacent to and extends at least midway along the right-of-way fronting the lot to be served. In cases where the main exists halfway along the right-of-way fronting the lot to serve properties on opposite side of right-of-way, the applicant must complete the extension through their lot to obtain service. The only exception to this rule will be that service can be made available through an easement which fronts the water line, provided:
a. That the easement is no more than two hundred feet long,
b. That only one home on premises is served by the easement,
c. That the easement is the only feasible present or future access to the building lot,
d. That fire protection can be provided to the property from the water line,
e. That utility shall be the sole judge in determining that the property requesting service under this rule meets all of the conditions.
B. Schedules of Charges for Service Connection. A service connection fee set by Council resolution shall be paid by the applicant requesting the installation of the service connection at the time said request is made. The fee shall include all meters and necessary appurtenances for installation and continued operation of the service connection which the utility will supply.
C. Change in Location or Meter Size. A change in the location of service or a change in meter size requested by the customer shall be done for a charge set by Council resolution and only if the request is reasonable and approved by the utility.
D. Ownership. The service connection, whether located on public or private property, is the property of the utility and the utility reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.
E. All meters shall be sealed by the utility at the time of installation and no seal shall be altered or broken except by an authorized agent of the utility.
F. Charges for Service Pipes Connected without Permit. If premises are connected without the application prescribed in this Section, such premises shall be immediately disconnected. Before a new connection is made, the applicant shall pay double the rate for the estimated quantity of water consumed. A new connection shall only be made upon compliance with City ordinances.
G. Abandoned Services.
1. Where a service connection has been installed and paid for in accordance with Section 5.04.090.B and:
a. The utility has imposed a monthly demand charge for that service and that demand charge has not been paid for 12 consecutive calendar months, the water service shall be deemed abandoned and the Utility Director shall remove the service line or the water meter upon compliance with paragraph 2 below.
b. The utility has not imposed a monthly demand charge for that service but the service has not been used for a period of three years or longer, the Utility Director may declare the service abandoned and remove the service line or the water meter upon compliance with paragraph 2 below. In determining whether a service is abandoned, the Utility Director shall consider past and present uses of the property, zoning, changes in size or shape of the property, time since last use and other factors.
2. Before declaring the service connection abandoned and directing its removal, the Utility Director shall give ten days’ prior written notice to the property owner of the Utility Director’s tentative determination of abandonment. Such Utility Director’s notice shall be reasonably calculated to reach the owner and may be by personal service, by posting the property, or by mailing the notice, certified mail, postage prepaid, to the last known address of the property owner. The notice shall advise the property owner that, in the absence of good cause shown, the Utility Director will order the removal of the service connection in ten days from the date of the notice. If the property owner does not respond to the notice, the Utility Director may proceed to remove the water service without further notice. If the property owner provides good cause, the Utility Director shall not declare the service connection abandoned. If the property owner responds to the notice but does not provide good cause, the Utility Director may determine the service connection abandoned and order its removal. Notice of that determination shall be given the property owner in the same manner as the initial notice of tentative determination.
3. The property owner shall have ten days in which to appeal in writing to the City Manager to review the Utility Director’s determination. The City Manager shall review the record in the matter and after giving the property owner an opportunity to be heard, render a decision applying the criteria set forth in this Subsection G. The decision of the City Manager shall be in writing and served upon the property owner in the same manner as the initial notice of tentative determination. The decision of the City Manager shall be final.
4. After water service has been determined to be abandoned, an application to install water service to the same property shall be treated as a new connection.
H. Leaking or Unused Services. Where there is a leak between the main and the meter, the utility shall make all repairs. When a service pipe is damaged or destroyed by contractors or others, or where service pipes are destroyed by electrolysis, the person, contractor or company responsible for such damage or destruction shall pay the utility for the cost of repairing or replacing such pipes on the basis of the direct cost to the City in labor and in material, plus overhead. Where a customer service line is leaking or has a history of repair problems which has resulted in leak adjustments or abandoned accounts, service to this customer shall not be activated until the customer can demonstrate the problem has been eliminated. Action necessary may be in the form of partial or total replacement of the customer’s plumbing and/or deposit of sufficient funds to cover estimated consumption.
Customers with serious water leaking which, in the judgment of the utility, will cause extreme financial hardship or detrimental service to other customers may have their water service terminated after twenty-four hours’ notice. In cases of leakage causing severe detriment to other customers, service may be terminated immediately. (Ord. 2929 § 1 (part), 1996)

A. The service units on a single parcel shall be serviced through one or more service connections at the option of the owner or customer. When a single parcel with more than one unit is partitioned into separate parcels with units on each, before the partition is final each parcel containing at least one service unit shall have its own service connection.
B. Whenever existing service is to be extended to a separate service unit on the same parcel, the owner or customer shall obtain a permit from the utility. Failure to obtain a permit before extending service shall require the owner or customer to pay an administrative penalty set by Council resolution which is in addition to any penalty judicially imposed. In addition to the permit, any extension of service to another service unit on the same parcel when the parcel is located outside the City limits shall require the owner to comply with Section 5.04.060.A.
C. Whenever an existing multiple-block service is physically modified, the service to the parcel or parcels shall be made to comply with this Section.
D. Charges for all water furnished to multiple service units on a single parcel shall be billed in a single bill. The property owner shall be responsible for these charges except when there is filed with the utility a written agreement by another to accept responsibility for the charges until the obligor is replaced by someone similarly obligated and evidence of that obligation is filed with the utility. Any such obligor shall not have a history of delinquent payment of obligations due to the City. (Ord. 2929 § 1 (part), 1996)

A. Rendering of Bills.
1. Meter Readings. Meters will be read at regular intervals for the preparation of bimonthly bills and as required for the preparation of opening, closing and special bills.
2. Bills for water service will be rendered bimonthly or upon closing unless otherwise provided in the rate schedule.
B. Payment of Bills.
1. All bills are due and payable on presentation. Payment may be made at the utility’s office or to an authorized collector.
2. Closing bills will be collected at the time of discontinuance of service.
3. When bills are delinquent, the utility will follow the procedure as outlined in Section 5.04.070.
C. Billings of Separate Meters Not Combined.
1. Each meter on customer’s premises will be considered separately, and the readings of two or more meters will not be combined unless the utility’s operating convenience requires the use of more than one meter. (Ord. 2929 § 1 (part), 1996)

A. Meter Test.
1. Prior to installation, each meter will be tested, and no meter found to register more than two percent fast or slow under conditions of normal operation will be placed in service.
2. On Customer Request.
a. A customer may, giving not less than one week’s notice, request the utility to test the meter serving the premises.
b. The utility may require the customer to deposit an amount to cover the reasonable cost of test, per Section 5.04.290.
c. This deposit will be returned if the meter is found to register more than two percent fast.
d. A written report giving the results of the test shall be available to the customer within ten days after completion of the test.
B. Adjustment of Bills for Meter Error.
1. Fast Meters. When, upon test, a meter is found to be registering more than two percent fast, under conditions of normal operation, the utility will refund to the customer the full amount of the overcharge based on corrected meter readings for a period not exceeding two billing periods that the meter was in use.
2. Slow Meters.
a. When, upon test, a meter used for domestic or residential service is found to be registering more than twenty-five percent slow, the utility may bill the customer for the amount of the undercharge, based upon corrected meter readings for a period not exceeding three months that the meter was in use.
b. When, upon test, a meter used for other than domestic or residential service is found to be registering more than five percent slow, the utility may bill the customer for the amount of the undercharge based upon correct meter readings for a period not exceeding two billing periods that the meter was in use.
3. Nonregistering Meters. The utility may bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.
4. Adjustments on Account of Underground Leaks. Where a leak exists underground between the meter and the building and the same is repaired within ten days after the customer has been notified of such leakage, the utility may allow an adjustment of fifty percent of the estimated excess consumption. (Ord. 2929 § 1 (part), 1996)

A. Nonpayment of Bills. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures as listed in Section 5.04.070.
B. Unsafe Apparatus.
1. The utility may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water are dangerous, unsafe or are being used in violation of laws, ordinances or legal regulations.
2. The utility does not assume liability for inspecting apparatus on the customer’s property. The utility does reserve the right of inspection, however, if there is reason to believe that unsafe or illegal apparatus is in use.
C. Service Detrimental to Others. The utility may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.
D. Fraud and Abuse. The utility shall have the right to refuse or to discontinue water service to any premises to protect itself against fraud or abuse.
E. Noncompliance. The utility may, unless otherwise provided, discontinue water service to a customer for noncompliance with any of these regulations any time after five days of the giving of written notice to the customer of the utility’s intention to discontinue service. If such noncompliance affects matters of health or safety or other conditions that warrant such action, the utility may discontinue water service immediately.
F. Customer Request for Service Discontinuance.
1. A customer may have water service discontinued by notifying the utility reasonably well in advance of the desired date of discontinuance. The customer shall pay all water charges until the date of such discontinuance.
2. If notice is not given, the customer will be required to pay for the water service until the date the utility has learned that the customer has vacated the premises or otherwise has discontinued service.
3. Temporary discontinuance of service requested by the customer for repairs or maintenance to the customer’s system may be done for a charge set by Council resolution. This charge may be waived where the resulting maintenance adds a customer control valve where one did not previously exist, or in emergency situations not controlled by the customer.
G. Restoration; Reconnection Charge. The utility shall charge as designated by Council resolution for restoring water service which has been discontinued because of noncompliance with these rules.
H. Penalty for Turning On Water without Authority. Should the water be turned on by any water consumer or other person without authority from the utility, the water may then be shut off at the main or the meter removed. The charges for shutting water off at the main and removing a meter shall be set by Council resolution. All such charges shall be chargeable to the offending customer where the water is supplied, and water shall not again be furnished to the customer until said charges are paid.
I. Invalidity of Annexation Petition. If the City is prevented from annexing property outside the City for which it has received an annexation petition as a condition for water service, the City may discontinue water service and remove the meter. (Ord. 2929 § 1 (part), 1996)

Fire protection service shall be allowed under the following conditions:
A. When the owner of a property or building desires such service, and a main of sufficient size and volume is present adjacent to or which may be extended to the property (See Section 5.04.040, Main Extensions) in such a manner as to provide the service required.
The fee for fire services shall be an advance payment of the estimated cost, including overheads, of the work to be done before the installation of the service connection. When the estimated cost is not sufficient to cover the actual cost, the deficit shall be billed to the applicant and must be paid prior to activation of the service. Any excess payment shall be returned to the applicant.
B. The owner or agent of such a building shall agree and understand that no water is available from the system except for extinguishing fires or periodic testing. Before any water for testing can be used the owner or agent must receive written permission from the utility.
C. In any case where the fire system is wet or has hydrants or hose connections, such a system must have a detector check valve or proportional meter.
D. In the case of existing fire services which do not meet the conditions of Subsection C of this Section, the utility reserves the right to seal the hydrants or hose connection in such a manner as to indicate use thereof. If the seal is found to be broken, the utility has no recourse but to assume water is being used from the fire service which is a violation of these rules and which results in action being taken as outlined in Subsection E of this Section.
E. Any violation of any of the above Subsections shall cause service to be discontinued immediately.
In the case where no detector or proportional meter exists, then one will be required before service is restored. In cases where there is a detector proportional meter, then the owner or agent must satisfy the utility that the use of water will cease or appropriate means are provided to ensure payment for all the water used. The customer will also be required to pay for all water used. The utility shall estimate this amount in cases where it cannot be determined. The bill must be paid prior to service being restored.
F. No charge will be made for water used in the extinguishing of fires.
G. All fire services six inches or larger shall be outfitted with state-approved, double-check valve assemblies. All set fire systems shall be outfitted with the property backflow prevention devices (see Section 5.04.210).
H. The cost of all detector checks, proportional meters, backflow devices and related appurtenance shall be borne by the customer.
I. Ownership of service connections and all equipment appurtenant thereto, including the meter, shall be the sole property of the utility.
J. Standby monthly charges for automatic fire service shall be set by Council resolution.
K. Pressure and Supply. The utility assumes no responsibility for loss or damage because of lack of water or pressure, and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. (Ord. 2929 § 1 (part), 1996)

A. Time Limit. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the utility.
B. Charge for Water Served. Charges for water furnished through a temporary service connection shall be at the established rates for other customers.
C. Installation Charge and Deposits. The applicant for temporary service will be required:
1. To pay the utility, in advance, the estimated cost of installing and removing all facilities and overhead charges necessary to furnish such service; or at the utility’s option, if service is supplied through a fire hydrant, the applicant will be charged applicable fees, per Section 5.04.290;
2. To deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used, or to establish credit approved by the utility;
3. To deposit with the utility an amount equal to the value of any equipment loaned by the utility to such applicant for use on temporary service. This deposit is refundable under terms of Subsection D of this Section.
D. Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the utility which are involved in furnishing the temporary service from the time they are installed until they are removed, or until forty-eight hours’ notice in writing has been given to the utility that the contractor or other person is through with the meter or meters and the installation. If the meters of other facilities are damaged, the cost of making repairs, including overhead charges, shall be paid by the customer. (Ord. 2929 § 1 (part), 1996)

When an abnormally large quantity of water is desired for filling a swimming pool, log pond, or for other purposes, arrangements must be made with the utility prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the utility’s facilities and if other consumers are not inconvenienced. (Ord. 2929 § 1 (part), 1996)

A. Unauthorized Use of Fire Hydrant. No person shall open any fire hydrant or attempt to draw water from it in any manner without City authorization. In addition to any penalty imposed, a violation of this regulation will result in a water-use fee set by Council resolution which shall be due and payable immediately. Any future water service request of the violator will be denied until this fee has been paid.
B. Damage of Fire Hydrants. No person or persons shall damage or tamper with any fire hydrant.
C. Authorized Use. Authorized use of a fire hydrant may be obtained upon application to and approval by the utility. The utility will determine a hydrant the customer may use.
An applicant for water service at a fire hydrant shall supply the utility with an estimate of water to be used, address and name of who will be responsible for the bill, time and date water will be taken from the system. This information will be placed on the appropriate form and signed by the customer or the customer’s authorized agent. The bill will be generated from the information ten days after the service is used. If the estimate of water is incorrect, then the customer has this ten-day period to adjust the amount. If an account is to be active more than sixty days a partial bill will be prepared.
Any person using a hydrant must install an auxiliary control valve on the hydrant. This valve will be used to control the volume of water discharged from the hydrant.
D. Water Bill. The amount to be paid for the water used shall be based upon a standard account. Set-up fee plus a bulk rate charge in the amounts set by Council resolution.
E. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the utility has fulfilled its obligation. If a person desires a change in the size, type or location of the hydrant, the requestor shall bear all costs of such changes. Any change in the location of a fire hydrant must be approved by the utility.
F. Charge for Installation and Annual Maintenance for Fire Hydrants.
1. All fire hydrants will be installed at cost, providing a utility water main of sufficient size is located in the desired hydrant location.
2. All maintenance of fire hydrants shall be the responsibility of the fire district or City in which the hydrants are located.
3. A standby charge set by Council resolution shall be charged for service to each hydrant.
4. In the event of nonpayment of the standby charge or in the event a fire hydrant is not maintained, the utility may terminate service to the fire hydrant. (Ord. 2929 § 1 (part), 1996)

The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water. The utility shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or any of his tenants or agents in installing, maintaining, using, operating or interfering with such equipment. The utility shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally or when turned on after a temporary shutdown. (Ord. 2929 § 1 (part), 1996)

The customer shall be liable for any damage to a meter or other equipment or property owned by the utility which is caused by an act of the customer or customer’s agents. Such damage shall include the breaking or destruction of locks on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer’s premises. The utility shall be reimbursed by the customer for any such damage promptly on presentation of a bill. (Ord. 2929 § 1 (part), 1996)

The utility shall install a suitable control valve on all new or replacement customer service lines one inch and smaller. This valve shall be located in the meter box for the convenience of the customer in controlling the entire service line. The valve from that period forward shall be the responsibility of the customer to maintain and upkeep.
All customers having service lines larger than one inch shall install their own customer control valve as close to the meter as possible. This valve shall be housed in a separate vault or box. The maintenance of this valve is also the responsibility of the owner.
The operation of the utility’s angle meter valve located on the utility’s side of the meter is not permitted. (Ord. 2929 § 1 (part), 1996)

A. Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a word or term used in this Section is not contained in the following list, its definition, or other technical terms used, shall have the meanings or definitions listed in the Oregon Administrative Rules (OAR), or the 9th Edition of the Manual of Cross Connection Control published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California.
“Approved Backflow Prevention Assembly” (or any abbreviated version thereof) means an assembly designed to counteract back-pressure and/or prevent back-siphonage as approved by the Department of Human Services - Health Services.
“Auxiliary Supply” means any water source or system other than the City water system.
“Backflow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases or substances into the City’s water system.
“Certified Backflow Assembly Tester” means a person who has successfully completed all requirements as established by the Department of Human Services-Health Services to test backflow assemblies in the state of Oregon.
“Certified Cross Connection Specialist” means a person who has successfully completed all requirements as established by the Department of Human Services-Health Services to survey and inspect cross connection devices in the state of Oregon.
“City Water System” means the City of Roseburg Water System, which shall include wells, treatment mechanisms or processes, pumping stations, reservoirs, supply trunk or feeder lines, service lines, meters and all other appurtenances, device lines and items necessary to the operation of the system and to supply water service to an individual property or premises and shall include the City’s potable water with which the system is supplied.
“Contamination” means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.
“Cross Connection” means any physical arrangement where a potable water supply is connected, directly or indirectly, with any other non-drinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers or any other device which contains, or may contain, contaminated water, sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices or other temporary or permanent devices through which, or because of which backflow may occur, are considered to be cross connections.
“Degree of Hazard” means the non-health hazard, health hazard or high hazard classification that shall be assigned to all actual or potential cross connections.
“DOHS” means Department of Human Services - Health Services.
“Double Check Valve Backflow Prevention Assembly” (or any abbreviated version thereof) means an assembly which consists of two (2) independently-operating check valves which are spring-loaded or weighted. The assembly comes complete with a resilient seated shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness.
“Health Hazard” means an actual or potential threat of contamination of a physical, chemical or biological nature to the public potable water system or the consumer’s potable water system that would be a danger to health.
“Mobile Unit” means a temporary unit connected to the water system through a hydrant, hosebib or other permanent appurtenance that is part of the City water system or a permanent water service to a premises. Examples can include, but not be limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste or septage hauler’s trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment for other than homeowner use, rock quarry or asphalt/concrete batch plants or any other mobile equipment or vessel that poses a threat of backflow in the City water system. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with City regulations pertaining to recreational vehicles and homeowner devices that are used by the property owner in accordance with this Section, or other City regulation pertaining to provision of water service to a premises.
“Non-Health Hazard” means the classification assigned to an actual or potential cross connection that could allow a substance that may be objectionable, but not hazardous to one’s health, to backflow into the potable water supply.
“Point of Use Isolation” means the appropriate backflow prevention within the consumer’s water system at or near the point at which the actual or potential cross connection exists.
“Pollution Hazard” means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system, but which would not constitute a health or system hazard, as defined. The maximum intensity of pollution to which the potable water system could be degraded under this definition would cause minor damage to the system or its appurtenances.
“Premises” means any piece of property to which water service is provided, including but not limited to, all improvements, mobile structures and other structures located upon it.
“Premises Isolation” means the appropriate backflow prevention at the service connection between the public water system and the premises. This location will be at or near the property line and downstream from the service connection meter.
“Reduced Pressure Principle Backflow Prevention Assembly” (or any abbreviated version thereof) means an assembly containing two independently-acting approved check valves together with a hydraulically-operated, mechanically-independent pressure differential relief valve located between the check valves, and at the same time, below the first check valve. The assembly shall include properly located test cocks and two tightly closing shut-off valves.
“Resident” means a person or persons living within the area(s) served by the City water system.
“Retrofitting” means to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.
“Submerged Heads” means irrigation sprinkling or delivery devices that are located below the surface of the landscaped area in which they are installed.
“Thermal Expansion” means the pressure created by the expansion of heated water.
B. Purpose. The purpose of this Section is to protect the City’s water supply and distribution system from contamination or pollution due to any existing or potential cross connections and to comply with the Oregon Administrative Rule Chapter 333-061-0070, 0071, 0072 and 0074 or as amended.
C. Application and responsibilities. The regulations set forth in this Section apply throughout the City to every owner, occupant or person in control of any premises or property served by the City water system, regardless of date of connection to the City water system.
D. Cross connections regulated.
1. No cross connection shall be created, installed, used or maintained within the area(s) served by the City water system, except in accordance with this Section.
2. The Public Works Director shall carry out or cause inspections to be carried out to determine if any actual or potential cross connection exists. If found necessary, an assembly commensurate with the degree of hazard will be installed at the service connection.
3. The owner, occupant or person in control of any given premises shall be responsible for all cross connection control within the premises.
4. All premises found on Table 1 of the subject OAR shall install a reduced pressure assembly at the service connection.
E. Backflow Prevention Assembly Requirements. A certified cross connection inspector employed by or under contract with the City shall determine the type of backflow assembly to be installed within the City’s water system. Every assembly shall be installed at the service connection unless it is determined by the inspector and approved by the Public Works Director, that it should be installed at the point of use. An approved assembly shall be required in each of the following circumstances, but the inspector may require an assembly under other circumstances:
1. When the nature and extent of any activity at a premises, or the materials used in connection with any activity at a premises, or materials stored at a premises, could contaminate or pollute the potable water supply.
2. When internal cross connections are present that are not correctable.
3. When intricate plumbing arrangements are present making it impractical to ascertain whether cross connections exists.
4. When the premises has a repeated history of cross connections being established or re-established.
5. When entry to the premises is restricted so that surveys for cross connections cannot be made with sufficient frequency to assure cross connections do not exist.
6. When an appropriate cross connection inspection report form has not been filed with the Public Works Director.
7. If a point-of-use assembly has not been tested or repaired as required by this Section, the installation of a reduced pressure principle assembly will be required at the service connection.
8. When there is a premises with an auxiliary water supply which is or can be connected to the City water service or supply system, a reduced pressure backflow assembly will be required. The City will immediately discontinue water service to any premises or customer where such a condition occurs until such time as the cross connection is eliminated or the required backflow prevention assembly is installed. Customers using the City’s water supply and any other water supply at the same premises shall install and maintain a separate plumbing system for the City’s water supply, which shall be separated by an air gap of not less than one (1) foot from any other supply, unless such reduced pressure principle backflow assembly is installed and maintained at the meter for the premises.
9. The Public Works Director shall make the final determination on the type of device needed when there is a disagreement between a cross connection specialist and the owner, occupant or person in control of the premises.
F. New Construction. Where possible, a plan check shall be made prior to construction to determine the degree of hazard and the class of backflow prevention device, if any, required at the point of delivery from the public water system to the premises. Where adequate plans and specifications are not available and no realistic evaluation of the proposed water uses can be determined, the applicant, customer, architect, engineer or other authorized person shall be advised that eventually circumstances may require the installation of maximum backflow protection at the water service connection.
G. Retrofitting. Retrofitting shall be required at all service connections where an actual or potential cross connection exists, and wherever else the City deems retrofitting necessary to comply with state law, this Section and the City’s Cross-Connection Guidance Manual.
H. Landscape Irrigation Systems. All landscape irrigation systems shall be protected according to plumbing code regulations. In the event any system is equipped with an injector system, a reduced pressure principle assembly will be required.
I. Thermal Expansion. It is the responsibility of the property owner, the occupant or person in control of the property to eliminate the possibility of damage from thermal expansion, if a closed system has been created by the installation of a backflow prevention assembly, or other appurtenances.
J. Mobile Units. Any mobile unit or apparatus as defined in Subsection A of this Section, which uses the water from any premises within the City water system shall first obtain a permit from the City and be inspected to assure an approved air gap or reduced pressure principle assembly is installed on the unit.
K. Installation Requirements and Pressure Loss. All backflow prevention assembly installations shall follow the requirements as stipulated by OAR 333-061-0070. The type of backflow prevention assembly required shall be commensurate with the degree of hazard that exists and must, at all times, meet the standards of the Department of Human Services - Health Services. All backflow prevention assemblies required under this Section shall be of a type and model approved by the DOHS. Any decrease in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the City.
L. Fire Systems. An approved double check detector assembly shall be the minimum protection on fire sprinkler systems using piping material that is not approved for potable water use and/or does not provide for periodic flow through during each 24 hour period. A reduced pressure principle detector assembly must be installed if any solution other than the potable water can be introduced into the fire sprinkler system.
M. Plumbing Code. As a condition of water service, customers shall install, maintain and operate their piping and plumbing systems in accordance with the Oregon Specialty Plumbing Code. If there is a conflict between this Section and the Plumbing Code, the Public Works Director and the City Building Official will determine which shall provide the most appropriate protection of the City water system.
N. Access Allowed. Authorized personnel of the City, with proper identification and sufficient notice, shall have access during reasonable hours to all parts of a premises and within the structure to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to a premises, or to the interior of a structure, during these hours for inspection, a reduced pressure principle assembly must be install at the service connection to that premises.
O. Assembly Permits. When it is found that a customer needs a backflow prevention assembly, the City will issue a permit for such as assembly. This permit will identify the type, size, model, etc., of the backflow prevention assembly and also assign each an assembly number. This number and permit will enable the City to ensure that testing and other requirements of this Section are met. The permit number should be used in all correspondence in reference to each installation to eliminate confusion of devices.
P. Annual Testing and Repairs. All backflow assemblies installed within the area served by the City shall be tested immediately upon installation, and at least annually thereafter by a certified backflow assembly tester. All assemblies found not functioning properly shall be promptly repaired or replaced at the expense of the owner, occupant or person in control of the premises. In the event an assembly is moved, repaired or replaced it must be retested immediately. If any such assembly is not promptly repaired or replaced, the City shall deny or discontinue water service to the premises. It is the responsibility of the persons who own the assembly to have the assembly tested by a certified backflow assembly tester.
Q. Responsibilities of Backflow Prevention Assembly Testers.
1. All backflow assembly testers operating within the City water system service area shall be certified in accordance with all applicable regulations of the DOHS.
2. Persons certified as backflow assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (OSHA) and the Oregon Occupational Safety and Health Administration (OR-OSHA); and have completed confined space entry training to enter any confined spaces within the City.
3. It is the responsibility of the backflow assembly tester to submit records of all backflow assembly test repairs to the City within ten (10) days of completing the test.
R. Costs of Compliance. All costs associated with the purchase, installation, inspection, testing, replacement, maintenance, parts and repairs of backflow prevention assemblies, and all costs associated with enforcements of this Section, are the financial responsibility of the owner, occupant or other person in control of the premises. Delinquent accounts shall be handled as described in Section 5.04.070 of this Chapter.
S. Termination of Service. Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested annually and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this Section shall serve as sufficient cause for the discontinuance of City water service to the premises pursuant to Oregon Administrative Rule Chapter 333.061.0070. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of City water service to the premises shall cease immediately.
T. Appeal Process.
1. Any property owner or service customer who receives a notice of possible termination of water service due to noncompliance with cross-connection requirements may appeal the notice to the City Manager. Such appeal must be filed in writing, fully explaining the basis for the appeal within thirty (30) days after the date of such notice and be accompanied by an appeal filing and processing fee as set by Council resolution. The appeal fee shall be refunded if the City Manager revokes the notice.
2. The City Manager shall fix the time and place of the hearing on a date no more than thirty (30) days after the City Manager’s receipt of the written appeal. The City Manager shall give the appellant and any other persons requesting the same, at least five day’s notice of the time and place of such hearing.
3. After reviewing the appeal, at the time and place set for the hearing, the City Manager shall give the appellant and any other interested party, a reasonable opportunity to be heard. In all such cases, the burden of proof shall be upon the appellant. During the hearing, new evidence may be presented to and considered by the City Manager. The City Manager may also receive such evidence from City Staff as the City Manager deems appropriate. The hearing shall be informal and follow such procedures as the City Manager deems appropriate to resolve the questions presented by the appeal.
4. Within fifteen (15) days of the date of the hearing, the City Manager shall issue a written decision which contains findings of fact and a determination of the issues presented. The City Manager shall uphold, or modify and uphold the notice as issued, or revoke the notice and render a new decision on the matter consistent with the requirements of this Section. If the notice is upheld, the City shall not terminate the appellant’s water service any sooner than fifteen (15) calendar days following the City Manager’s decision. The City Manager’s decision shall be final.
U. Suspension of Service.
1. Emergency Suspension. The Public Works Director may, without prior notice, suspend water service to any premises when such suspension is necessary to stop the imminent threat of any actual or potential cross connections as defined in this Section.
2. Non-Emergency Suspension. The Public Works Director may suspend, with 60 days notice, the water supply to any premises where the conditions of this Section have been violated.
V. Constitutionality and Saving Clause. Should any provision, Subsection, sentence, clause or phrase of this Section or the application of the same to any person or set of circumstances, be determined to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this Section, or its application to other persons or circumstances, shall not be affected; thereby, it being the intent of the City in adopting and approving this Section that no portion or provision hereof, or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation. (Ord. 3202 § 1, 2005: Ord. 3125 § 1, 2002: Ord. 2929 § 1 (part), 1996)

No person shall drill, install or construct a well or any appurtenant equipment for a well for the purpose of supplying water to any structure containing a plumbing fixture or for any water uses associated with such a structure. No person shall use a well which has been drilled, installed or constructed in violation of this Section. (Ord. 2929 § 1 (part), 1996)

Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the utility may discontinue the service if such conditions are not corrected. (Ord. 2929 § 1 (part), 1996)

A. The utility shall at all reasonable times have the right to enter or leave the customer’s premises for any purpose properly connected with the service of water.
B. Any inspection or recommendations made by the utility on plumbing or appliances or use of water on the customer’s premises, either as the result of a complaint or otherwise, will be made or offered without charge. (Ord. 2929 § 1 (part), 1996)

The utility shall not be liable for damage resulting from an interruption in service. Temporary shutdowns may be made by the utility for improvements and repairs. Whenever possible, and as time permits, all customers affected will be notified prior to such shutdowns. The utility will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control. (Ord. 2929 § 1 (part), 1996)

Except by special agreement with the utility, no customer shall resell any of the water received by him from the utility, nor shall water be delivered to premises other than those specified in his application for service. (Ord. 2929 § 1 (part), 1996)

Notwithstanding any administrative action authorized by this Chapter and regardless if such action has been undertaken, the following are violations:
A. Failure to comply with the written notice issued under Subsection 5.04.130.E.
B. Turning on water service where such service has been discontinued, without authorization by the utility.
C. Connecting to the water utility without authorization by the utility.
D. Opening any fire hydrant or attempting to draw water from a fire hydrant without authorization by the utility.
E. Damaging any water system equipment or property owned by the utility.
F. Maintaining a cross-connection or faulty backflow prevention device contrary to Section 5.04.210. (Ord. 2929 § 1 (part), 1996)

A. In areas of the City where residents request local improvement districts in order to improve their streets, storm drainage and/or sewer system, the following policy for water main and service replacement shall be in effect:
1. In areas where no water main exists, such main shall be installed totally at the owner’s expense. This applies in all cases except in residential areas where water mains in excess of eight inches in size are installed. In those cases the City shall pay for the oversizing of materials only above eight inches.
2. In areas of the system where existing main lines are substandard or inadequate, six inches or less in size, or of such age or construction which requires excessive maintenance, the replacement of such main lines shall be at the City’s expense. In the case of cul-de-sacs or dead- end streets, main line size may be reduced.
3. All main line and service line relocation or replacement, which is in conjunction with a local improvement district project, shall be done at the City’s expense.
B. In all cases, the adequacy or condition of any line shall be the sole determination of the City.
C. All fire hydrant requirements within local improvement districts shall be installed under the following policy:
1. In areas where no fire hydrant exists they shall be installed at the owner’s expense.
2. In areas where four-inch or smaller hydrants exist they shall be replaced at the City’s expense.
3. In areas where hydrants exist which are adequate, six inches in size, and relocation or replacement is needed to conform to street, storm and/or sewer plans, all costs shall be at the owner’s expense. (Ord. 2929 § 1 (part), 1996)

The Council, by resolution, shall set the fees and rates for water service and related activities as described in this Chapter in accordance with the following requirements:
A. Water service rates shall be based on the combination of a demand charge on open customer accounts plus a consumption charge for the volume of water consumed.
B. Water service rates may also provide for payment of the costs of, or repayment of indebtedness incurred for, capital improvements to the water system. Rates may be adjusted for this purpose system-wide or with reference to specially benefited properties.
C. Account fees, administrative fees, charges for water service provided to customers inside the City and charges for other water service activities shall be based on the actual direct and indirect costs to the utility of providing the service.
D. Charges for water service provided to customers outside the City may exceed the actual direct and indirect costs of providing such service by a reasonable amount. In determining the amounts to be charged to customers outside the City, the Council shall consider the comparative cost of obtaining water service from other suppliers in Central Douglas County or comparable areas and any other factors the Council finds to be appropriate to determining reasonable charges. (Ord. 3138 § 1, 2003: Ord. 2929 § 1 (part), 1996)

A. When in the judgment of the City Manager, it becomes necessary to curtail use of water by any or all customers because the continued use of water constitutes an eminent danger to public health, safety or welfare, the Manager may temporarily order curtailment or suspension of water service. The Manager shall give such public notice of the curtailment or suspension as the circumstances allow and warrant. Except for curtailment orders requesting only voluntary reduction in water usage, the Manager’s order shall remain in effect only until the next meeting of the City Council, at which time the Council shall review the Manager’s order and, if necessary, enact by ordinance any continuing and conservation, curtailment or suspension of water service.
B. Failure to abide by the City Manager’s order issued under authority of this Section is a violation. (Ord. 2929 § 1 (part), 1996)

A. There is created a Water Utility Fund and all charges imposed under this Chapter and the revenue collected therefrom shall be deposited therein.
B. Money in the Water Utility Fund shall be used only for planning, design, construction, maintenance, operation and administration of water system facilities, which may include repayment of indebtedness payments in lieu of franchise fees, property taxes and return on investment, and for management of the water utility under this Chapter. Expenditures from this fund need not be identified to any particular revenue source. (Ord. 2929 § 1 (part), 1996)

A. The portion of the connection charge imposed by this Chapter attributable to the average cost of inspecting and installing service connections or increasing meter size, the local improvement district assessments or charge in lieu of local improvement district assessments or the cost of complying with requirements or conditions imposed upon a land use decision are not a systems development charge. The remainder of the connection charge is a systems development charge within the meaning of state law.
B. The methodology required by state law to support a systems development charge shall be adopted by Council resolution. Such methodology may provide for exemptions from or credits against any systems development charge imposed.
C. Revenues received from such charges shall be deposited in the Water Utility Fund, budgeted and expended as provided by state law. The accounting for such money and expenditures required by state law shall be included in the City’s Comprehensive Annual Financial Report required by ORS Chapter 294. As required by state law, money shall be expended for capital improvements in accordance with the Comprehensive Plan for the Roseburg Urban Area and the Water System Master Plan as adopted by the City Council.
D. Upon application to the City Manager the systems development charge required by this Chapter may be paid in installments secured by a lien against the property or in a manner satisfactory to the City Manager by other property, bond, letter of credit or other security. Such obligation may be added to a local improvement assessment against the property for water system improvements or paid in semi-annual installments as required for local improvement assessments. A lien against the property shall be recorded in the City’s lien docket and shall be enforced and foreclosed as provided by law for street improvement assessment liens. (Ord. 3057 § 2 (part), 1999; Ord. 2929 § 1 (part), 1996)

A. A person objecting to the methodology adopted for the systems development charge, or a person aggrieved by the calculation of the systems development charge, or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure by filing a written request with the City Manager’s office for consideration as provided in this section. Such appeal shall describe with particularity the decision or the expenditure from which the person appeals. An appeal of an expenditure of systems development charge revenues must be filed within two years of the date of alleged improper expenditure. Appeals of any other decision must be filed within ten days of the date of the decision.
B. An objection to the methodology may only be made within the ten days following its adoption by the Council. Thereafter, when appealing the calculation of a systems development charge, the appellant may not challenge the methodology. Upon receiving an appeal concerning the adoption of the methodology the Council shall reconsider the methodology in light of the issues raised by the appellant. The decision of the Council upon reconsideration shall be final.
C. An appeal on the calculation of a systems development charge imposed upon a specific development or an appeal on a decision not covered by Subsections B or D of this Section shall be considered by the City Manager, whose decision shall be final.
D. An objection to an expenditure of systems development charge revenue shall be considered by the Council or its designee. The decision of the Council or its designee shall be final.
E. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination of the appeal should be.
An appellant who fails to file such a statement within the time permitted waives his objections, and his appeal shall be dismissed.
F. Unless the appellant and the City agree to a longer period, an appeal shall be heard by the Council or its designee within fifteen days of the receipt of the appeal. At least seven days prior to the hearing, the City shall mail notice of the time and location thereof to the appellant.
G. The Council, its designee or the City Manager shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence the Council, City Manager or their designee deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.
H. The appellant shall carry the burden of proving that the determination being appealed is incorrect and what the correct determination should be.
I. The decision on appeal under this Section shall be in writing and rendered within twenty days after the hearing date. (Ord. 2929 § 1 (part), 1996)