AN ORDINANCE REGULATING THE USE OF PUBLIC SEWERS, THE INSTALLATION AND CONNECTION OF SEWERS, THE DISCHARGE OF WATERS AND WASTES INTO THE SEWER SYSTEM, PROVIDING FOR CHARGES FOR USE OF THE SEWER SYSTEM, PROVIDING FOR CHARGES FOR CONNECTION TO THE SEWER SYSTEM, PROVIDING FOR LIENS FOR DELINQUENT CHARGES, PROVIDING FOR PENALTIES FOR VIOLATIONS THEREOF, REPEALING ALL ORDINANCES IN CONFLICT HERETO, AND DECLARING AN EMERGENCY.

The city of Yamhill ordains as follows:

Section 1. Rules and Regulations.

1.1. Short Title. This code shall be known as "Rules and Regulations for the Operation of the Sewer Department of the city of Yamhill" and may be so cited and pleaded.

1.2. Scope. The Sewer Department and all customers receiving service from the Sewer Department, whether inside or outside the City limits, are bound by these Rules and Regulations for the Operation of the Sewer Department of the city of Yamhill.

Section 2. Definitions of General Terms.

Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

2.1. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

2.2. "Superintendent" shall mean that person designated by the governing body as having charge of the use, maintenance, or operations of the City sewage works, or the authorized deputy, agent, or representative of such person or of the governing body.

2.3. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments.

2.4. "Sewer" shall mean a pipe or conduit for carrying sewage.

2.5. "Public Sewer" shall mean a sewer controlled by the City to which all owners of abutting properties shall have equal rights to make connection and to use, subject to rules, regulations, and ordinances of the City.

2.6. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

2.7. "Sanitary Sewer" shall mean a sewer which carries sanitary sewage and industrial waste and to which storm, surface and groundwaters are not intentionally admitted.

2.8. "Storm Sewer" or "Storm Drain" shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

2.9. "Sewage Treatment Plant" shall mean any arrangement or devices and structures used for treating sewage.

2.10. "City" shall mean the City of Yamhill, Oregon.

2.11. "Council" shall mean the Yamhill City Council.

2.12. "Garbage" shall mean solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

2.13. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2-inch in any dimension.

2.14. "Building Sewer" shall mean that part of the lowest horizontal piping of a plumbing system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the property line of the abutting street, alley, or right-of-way.

2.15. "Side Sewers" shall mean the City sewer between the property line an the lateral, main, or trunk sewer of the City sewer system.

2.16. "B.O.D." (denoting Biochemical Oxygen Demand) shall mean the quantity or oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in 5 days at 20 deg. C., expressed in parts per million by weight.

2.17. "pH" shall mean the logarithm of the reciprocal of the hydrogen ion concentration and which is a measure of the acidity of alkalinity of the sewage or industrial waste.

2.18. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering and expressed in parts per million by weight.

2.19. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater.

2.20. "Water Course" shall mean a channel in which a flow of water occurs either continuously or intermittently.

2.21. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

2.22. "Shall" is mandatory; May is permissive.

2.23. "Out of City" shall mean any property that is partly or wholly outside the boundary of the City of Yamhill.

2.24. "Industrial User" shall mean any single sewer user that contributes greater than 10 percent of the design flow or design pollutant loading of the sewage treatment plant.

2.25. "Equivalent Dwelling Unit" (EDU) is defined in Section 11 and shall be used throughout this Ordinance as the basic cost unit for various fees and charges imposed in connection herewith. In the event that a given site, facility or person receiving service from the City shall have at a single service location more than one EDU, whether of the same or different type, a charge shall be imposed for each EDU in accordance herewith.

2.26. Words, terms or expressions peculiar to the art or science of sewerage not herein defined shall have the respective meanings given in GLOSSARY, WATER AND WASTE CONTROL ENGINEERING, published in 1969, prepared by a joint committee representing the American Public Health Association, American Society of Civil Engineers, American Water Works Association and the Water Pollution Control Federation.

Section 3. Public Sewer Connection.

3.1. Connection Required. The owner of any building situated within the City and abutting on any street, alley or right-of-way in which there is now located a public sanitary sewer of the City is hereby required at his expense to connect said building directly with the public sewer in accordance with the provisions of this ordinance, within ninety (90) days after date of official notice to do so, provided that said public sewer is within three hundred

(300) feet of the building.

3.2. Unlawful Discharge to Property. It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner upon public or private property within the City any human or animal excrement, garbage, sewage or other objectionable waste.

3.3. Unlawful Discharge to Natural Outlet. It shall be unlawful to discharge to any natural outlet within the City any sanitary sewage, industrial wastes, or other polluted waters,

except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

3.4. Infeasible or Impracticable Connection. In the event that connection is presently infeasible or impracticable, the owner or the person lawfully in possession of the property may, during the said period of 90 days, file written objections with the City Council, stating therein the reason or reasons that said owner believes that such connection should not be required. The City shall not thereafter enforce the provisions of this section upon said owner having filed such objections until the Council shall have, at a meeting thereof, heard the objections of said owner, and rendered its decision thereon. Such objections shall be heard by the Council not less than 10 days nor more than 60 days from and after the date of filing such objections with the City. Not less than 7 days prior to the date set by the Council for hearing such objections, the City Recorder shall give due notice of the date set therefor to the person filing such objection. The decisions of the Council shall be final and no recourse shall be available except as is provided by law. No exception shall be granted based on mere inconvenience or expense.

3.5. Notice to Connect. The official notice to connect as set forth in 3.1 above shall be given by the City Recorder by individual notice to all owners of the property abutting any street, alley or right-of-way in which there is a public sanitary sewer of the City, or to which public sewer service is reasonably available, to connect within 90 days from the date of said notice, said notice may be published in a newspaper of general circulation within the City, for two successive weeks, if individual notice is not practicable and/or possible.

3.6. Delay in Connection. For good cause shown, the governing body may permit a reasonable delay in making connection to the system, without penalty to the user.

Section 4. Private Sewage Disposal.

4.1. Unlawful to Construct Private Sewage Disposal Facilities. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

4.2. Public Sanitary Sewer Not Available. Where a public sanitary sewer is not available under the provisions of Section 3.1, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the State Plumbing Code and rules and regulations of the Department of Environmental Quality.

4.3. Compliance with Requirements. The type, capacities, location an layout of a private sewage disposal system shall comply with the requirements of the Department of Environmental Quality.

4.4. When Public Sewer Available. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 3.1, a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled

with suitable material unless the Superintendent shall otherwise permit. When public sewer service is obtained, the connection or connections to the premises being served shall be made ahead of the private disposal system and the latter removed or filled in and abandoned. No connections shall be made to the effluent side of existing septic tanks or cesspools.

4.5. Operation of Private Sewage Disposal Facilities. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

4.6. Permit Required for Public or Private Sewer. Public or private sewers of 6 inch diameter or larger shall require a City permit prior to construction. Such permit shall be requested from the City by completing a required application form and submitting at least 3 sets of construction plans and specifications. The permit shall be issued by the City or the reason for denial thereof provided to the applicant within 30 days of filing. Such permit shall be in addition to any permits or approvals required by any statute, ordinance or regulation of the state or federal government, or of any unit of local government having jurisdiction, and to any rules, regulations or ordinances of the City.

4.7. City Standards. City standard procedures for drawings or specifications for sewer works shall be followed for such design or construction. Standards may be obtained from the City Hall office upon request and for a fee of $25.

4.8. City to Provide Inspection. The City will provide an inspector or inspectors on all new sanitary sewer construction within the City to insure compliance with the conditions of this ordinance and the specifications under which they are to be constructed. Inspection will not, however, cause the City to be responsible for those duties and responsibilities which belong to the construction contractor and which include, but are not limited to, full responsibility for the techniques and sequences of construction and the safety precaution, incidental thereto, and for performing the construction work in accordance with this ordinance, Construction Standards, and the requirements of the Department of Environmental Quality.

4.9. Notice of Non-Compliance. The City will notify the persons responsible for the construction when, in the opinion of the City, the construction work does not comply with this ordinance. Upon receipt of notification from the City that any sewer construction work is not being performed in compliance with this ordinance and the Construction Standards therefor, the person shall immediately take such action as may be necessary to insure compliance.

4.10. Notice of Start of Work. Each person shall inform the City a minimum of five (5) but not more than ten (10) days in advance of the start of any sewer construction.

4.11. Engineer Responsible for Certification. The construction of the sewers shall be under the supervision of an engineer currently registered in the State of Oregon or his representative. At the completion of the construction, the engineer shall certify in writing to the City that such construction complies with this ordinance, Construction Standards, and the plans and specifications therefor.

Section 5. Side Sewer/Building Sewer Construction Standards.

5.1. Authorize Sewer Opening or Connection. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City.

5.2. Classes of Sewer Permits. There shall be two classes of side sewer/building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agent shall

make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. Permit and inspection fees shall be paid to the City in advance, in accordance with the schedule as set forth elsewhere in this ordinance, at the time the application is filed.

5.3. Sewer Connection. No person, firm or corporation shall make any sewer connection to any part of the sanitary sewer system of the City without first making an application and securing a permit therefor. Applications for sewer connection permits must be made on printed forms to be furnished by the City, signed by the owner, lessee or agent, and each applicant must agree to conform to the rules and regulations for connection to the City Sewerage System, and shall give the location of the property, street number of the building or buildings to be connected, name of the owner of the property to be connected, name of the person, firm or corporation engaged to make the connection, and such other information or plans as may be required by the City including real property description.

5.4. Reasonable Notice to Inspect. Reasonable notice shall be given to the City to inspect all sewer connections before their completion and while said connections are still uncovered. All work must be done in accordance with specifications prescribed by the City and subject to the approval of the City.

5.5. Materials and Manner of Construction. Side sewers/building sewers shall be so constructed as to conform with provisions of the Oregon State Plumbing Code, and the physical connection to sewer mains, trunk sewers or lateral sewers shall be made only by a licensed plumber of the State of Oregon or an individual certified by the City as competent to make sewer hookups.

5.6. Costs and Expense. All costs and expense incident to the installation and connection of the side sewer/building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the side sewer/building sewer.

5.7. Separate Sewer Required. A separate and independent side sewer/building sewer shall be provided for every building or EDU, except as directed by the Superintendent.

5.8. Use of Existing Sewer Facilities. Old side sewers/ building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this ordinance.

5.9. Side Sewer/Building Sewer Materials Permitted. The side sewer/building shall be cast iron, ductile iron, Class 160 PVC, or extra strength concrete. All shall have "O" ring

rubber gasket joints. Joints shall be tight and waterproof. Any part of the side/sewer building sewer that is located within 10 feet of a water service pipe shall be constructed of cast iron pipe. Cast iron pipe may be required by the Superintendent where the side/sewer building sewer is exposed to damage by tree roots. If installed in filled or unstable ground, the side sewer/building sewer shall be of cast or ductile iron pipe, except that non-metallic material may be accepted if laid on a suitable bed of gravel or crushed rock as approved by the Superintendent.

5.10. Size and Slope. The size and slope of the side sewer/building sewer shall be subject to the approval of the Superintendent, but in no event shall the diameter be less than four inches (4") . The slope of such 4 inch pipe shall be not less than one-fourth inch (1/4") per foot, unless a flatter grade is absolutely necessary and approved by the Superintendent.

5.11. Service Depth. Whenever possible, the side sewer/building sewer shall be brought to the building at an elevation below the basement floor. T@e depth shall be sufficient to afford protection from frost. The side sewer/building sewer shall be laid at uniform grade and in straight alignment in so far as possible. Changes in direction shall be made only with properly curved pipe and fittings.

5.12. Use of Pumps. In all buildings in which any side sewer/building sewer is too low to permit gravity flow to the public sewer, sanitary sewage carried by such sewer shall be lifted by approved artificial means and discharged to the side sewer/building sewer. Facilities necessary to accomplish this objective shall be installed, maintained and operated by the owner of the building.

5.13. Side Sewer to Building Sewer Connection. The connection of the building sewer into the public sewer shall be made at the property line where the side sewer terminates. A cleanout, brought to ground surface, is required at the end of the side sewer.

5.14. Notification of City at Time of Connection. The applicant for the side sewer/building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made only under the supervision of the Superintendent or his representative.

5.15. Protection of Public and Restoration of Site. All excavations for side sewer/building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Authority having jurisdiction and the Superintendent.

Section 6. Sewage Discharge Requirements.

6.1. Storm Sewers Prohibited to be Connected to Sanitary Sewer. No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface discharge, cooling water or unpolluted industrial process waters to any sanitary sewer.

6.2. Discharge to Storm Sewers. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet. Industrial cooling water or unpolluted process waters shall be discharged in such manner acceptable to and approved by the Department of Environmental Quality.

6.3. Unauthorized Discharge of Certain Waters and Waste. Except as hereinafter provided, no person shall discharge, or cause to be discharged any of the following described waters or wastes to any public sewer:

6.3.1 Any liquid or vapor having a temperature higher than 150 F.

6.3.2 Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease.

6.3.3 Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas.

6.3.4 Any household garbage that has not been properly shredded.

6.3.5 Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or to other interference with the proper operation of the sewage collection facilities, pumping stations, force mains and treatment works.

6.3.6 Any waters or wastes having a pH lower than 6.0 or higher than 8.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, and personnel of the sewage works.

6.3.7 Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans, animals, or fish life, or create any hazard in waters receiving the effluent from the treatment works.

6.3.8 Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant.

6.4. Interception Required. Grease, oil and sand interceptors shall be proved by the owner of any property when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, and other harmful ingredients, shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight.

6.5. Maintenance of Interceptors. Where installed, all grease, oil and sand interceptors shall be maintained by the owner at his expense, in continuously efficient operation at all time.

6.6. Admission to Public Sewers of Unauthorized Discharge. The admission into the public sewers of any waters of wastes having (a) a five-day biochemical oxygen demand greater than 100 parts per million by weight, or (b) containing any quantity of substances having the characteristics described in 6.3, or (c) containing more than 100 parts per million by weight of suspended solids, or (d) having an average daily flow greater than 5% of the average daily sewage flow of the City, shall be subject to the review and approval of the City. Where necessary in the opinion of the City, the owner shall provide, at his expense, such preliminary treatment as may be necessary to (a) reduce the biochemical oxygen demand to 100 parts per million and the suspended solids to 100 parts per million by weight, or (b) reduce objectionable characteristics or constituents to within the maximum limits provided for in 6.3, or (c) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the City and the Oregon Department of Environmental Quality, and no construction of such facilities shall be commenced until said approvals are obtained in writing.

6.7. Maintenance of Pretreatment Facilities. Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

6.8. Control Manhole. When required by the Superintendent, the owner of any property served by a side sewer and building sewer carrying industrial wastes shall install a suitable control manhole in the side sewer or building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

6.9. Characteristics of Waters and Wastes. All measurements, tests and analysis of the characteristics of waters and wastes to which reference is made in 6.3 and 6.6 shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage", and shall be determined at the control manhole. In the event that no special manhole has been required, the control man-hole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.

6.10. Special Agreement. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor by the industrial concern and under such conditions and circumstances as the City may specify.

Section 7. Protection from Damage.

7.1. Unauthorized Entry Prohibited. No unauthorized person shall enter any City sewer, manhole, pumping station, treatment plant, or appurtenant facility. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the City sewerage system.

7.2. Unauthorized Operation Prohibited. No person other than an authorized employee or agent of the City shall operate, change or affect the operation of any City sewer, pumping station, treatment plant or pertinent facility.

7.3. Penalty for Violation. Any person violating the provisions of this ordinance shall be subject to a penalty not to exceed the sum of $1,000.00, which shall be in addition to and cumulative with any remedy for damages incurred by the City by reason of such violation.

Section 8. Powers and Authority of Inspectors.

8.1. Entry by Public Officials. The Superintendent and other duly authorized employee of the City bearing the proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observations, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Superintendent or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

8.2. Liability of Owners. While performing the necessary work on private properties referred to in 8.1 above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees

and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions.

8.3. Access on Public Easements. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

Section 9. Penalties.

9.1. Written Notice of Violation. Any person found to be in violating any provision of this ordinance except Section 7 shall be served written notice stating the nature of the violation and providing a reasonable time limit, as may be determined by the Superintendent, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

9.2. Non-Correction Constitutes Violation. Any person who shall continue any violation beyond the time limit provided for in 9.1, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in the amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

9.3. Additional Liability for Violation. Any person violating any of the provisions of this ordinance shall become liable to the City for any expense, loss, or damage occasioned by the City by reason of such violation.

Section 10. Monthly Service Charges - Billing.

10.1. Sewer Service Charges. The City shall bill the sewer service charges monthly or quarterly as the council shall from time to time determine. Sewer service charges levied in accordance with this ordinance or any rules or regulations established in conjunction herewith shall be a debt due to the City from the owner and from the occupier of the premises. If the same is not paid within 10 days after billed, it shall be deemed delinquent and may be recovered by civil action in the name of the City against the property owner, the occupier of the premises, or both. Additionally, when payment is delinquent for said sewer service charge, the City may discontinue water service to the premises. The City may additionally use such means of collection of rates and charges for sewer service as may be provided by the law of the State of Oregon including but not limited to the right to certify any delinquent monthly service charge to the Yamhill County Assessor for collection as provided by law or the filing and foreclosure of a lien against real property as provided by law.

10.2. Side Sewer and Building Sewer Costs and Liability. All costs and expenses incident to the installation and connection of the side sewer and building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage which may directly or indirectly be caused by the installation by reason of any act of the owner, his agents, servants and employees.

10.3. Right of City in the Event of Failure to Pay. In the event of failure to pay any connection or related charges, the City shall have and enjoy all rights and remedies provided by law, including but not limited to the right to bring civil action against said owner.

10.4. Removal or Closure of Sewer Connection. In the event of failure to pay sewer service charges, connection charges or any other sum owed to the City by the owner or the occupier of the premises served after the same have become delinquent, or in the event of failure to discontinue any discharge of sewer substances into the system as are prohibited by this ordinance or by any other ordinance, rule or regulation of the City, or failure to have flow or sampling devices in proper operating condition for a period of more than one week, were required, the City shall have the right to remove or close sewer connections; and enter upon the owner's property for such purpose. The expense of such removal or closing, as well as the expense of restoring service, shall likewise be a debt due to the City and may be recovered by civil action in the name of the City against the property owner, the occupier of the premises, or both.

10.5. Responsibility of Property Owner for Payment. Change of ownership of premises found delinquent shall not be cause for reducing or eliminating any charges or sums due. New owners shall not be held liable for charges incurred by the previous owner. City shall take recourse against seller.

Section 11. Fees and Charges.

11.1. Establish Connection Charges by Resolution. The Council shall by resolution establish connection charges for each equivalent dwelling unit (EDU) for the following classes of service:

11.1.1 One separate single family dwelling.

11.1.2 Each multiple family unit, motel unit, apartment unit, mobile unit, mobile home lot or permanent trailer space.

11.1.3 Each two (2) sleeping rooms without kitchen in a rooming house.

11.1.4 Each 1,500 sq. ft. of the interior of commercial, 2,000 sq. ft. of the interior of dry industrial (not including storage), and 2,000 sq. ft. of the interior of public buildings.

11.1.5 Add one EDU in addition to 11.1.4 for automatic car wash.

11.1.6 Add one EDU in addition to 11.1.4 for each 3 washers in a laundromat.

11.1.7 Add one EDU in addition to 11.1.4 for butcher facilities.

11.1.8 Each church without a kitchen. (Add one EDU for the kitchen.)

11.1.9 Each church rectory or parsonage.

11.1.10 Each 20 students in Elementary, Junior High or Senior High School as of October lst each year.

11.1.11 Each 300 sq. ft. of interior floor space (including kitchen) in a restaurant, cafe, snack bar or tavern.

11.1.12 Each two (2) beds in a rest home or nursing home.

11.1.13 Other uses shall be determined separately by the Council.

11.1.14 Fractions of an EDU shall be charged as one EDU. The minimum EDU shall be one (1).

11.2. Establish Service Charges by Resolution. The Council shall establish by resolution monthly service charges for each equivalent dwelling unit for the following classes of service:

11.2.1 For service inside the city limits.

11.2.2 For service outside the city limits.

11.3. Deposits and Establishment of Credit. At the time application or service is made the applicant shall establish his credit with the Sewer Department.

11.3.1 Establishment of Credit. The credit of the applicant will be deemed established:

a. If the applicant makes a cash deposit with the Sewer Department to secure payment of bills for service. The deposit shall be a sum equal to the estimated bill for two billing periods, but not less than twenty dollars ($20.00).

b. If the applicant has promptly paid all accounts due the Sewer Department for a period of twelve (12) consecutive billing periods.

11.3.2 Deposits. At the time the deposit is given to the Sewer Department, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. The deposit will be returned to the customer when service to the customer is discontinued, provided all outstanding bills have been paid. The Sewer Department may, at its option, return the deposit without application, provided all bills have been paid promptly for twelve (12) consecutive billing periods. The Sewer Department will not pay interest on any deposit.

11.3.3 Forfeiture of Deposit. If an account becomes delinquent and it is necessary to discontinue the service, the deposit shall be applied to the unpaid balance due. Sewer service will not be restored to that customer at the same or different premises until all outstanding bills due the Sewer Department have been paid and the cash deposit replaced.

11.4. New Users and Vacancies. The sewer user charge for all occupied property shall begin thirty (30) days after the sewer service becomes available, or the first day that connection is made to the public sewer, whichever occurs first. The sewer user charge for all unoccupied property shall begin within thirty (30) days after the property is ready for occupancy or on the first day of occupancy, whichever occurs first. All unoccupied property which is ready for occupancy at the time the sewer service becomes available shall be treated as occupied property. Once the sewer user charge has commenced, no credit shall be given for vacancy. Use of the sewer for any portion of the month shall constitute service for the entire month. No proration of the monthly user charge will be permitted.

11.5. Multiple Classifications. A single user having more than one classification of use shall be charged the sum of the charges for those classifications.

11.6. Delinquent Accounts.

11.6.1 Delinquent Notices. A reminder of account delinquency shall be sent, at the discretion of the Superintendent, to each delinquent account on or about 5 days after the account becomes delinquent.

11.6.2 Discontinuation of Service Notice. On or about 10 days after an account becomes delinquent, a discontinuation of service notice shall be sent to the customer. Said notice shall state a date on which water will be turned off or sewer service will be discontinued if the delinquent account is not paid in full prior thereto.

11.6.3 Service Discontinuance. On the turnoff date, the superintendent or other agent of the Sewer Department shall deliver or post a written notice to the customer stating that the water service is being turned off until all delinquent amounts have been paid. The Superintendent or other agent of the Sewer Department shall immediately thereafter turn off the service. A delivery to any person residing at the address served by the sewer shall be considered a delivery to the customer. If there is no person residing at the address served, then the notice may be posted on the premises stating that water service will be discontinued on the following morning; the Superintendent shall return to the premises the following morning, shut off the water service, and leave a notice that the water service has been turned off until all delinquent accounts have been paid.

11.6.4 Delinquent Charge. In all instances where water has been turned off because of delinquent accounts, a $30.00 delinquent charge shall be made for the restoration of service, and replacement of the cash deposit will also be required.

11.6.5 Installment Payments on Delinquent Accounts. In cases of extreme hardship, the Superintendent shall have the discretion of renewing service to a delinquent account upon receipt of satisfactory installment plan for the payment of the overdue amount, including the delinquent charge.

11.6.6 Lien Against Real Property. In the event any sewer bill or charge provided for by these Rules and Regulations shall not be paid within thirty days after the sewer bill or charge becomes due, the City Recorder shall notify either the legal or equitable owner of the real property where the sewer was used or charge incurred, by registered mail, the amount of the sewer bill or charge, the description of the real property involved, and a statement that if the sewer bill or charge is not paid within fifteen days from the date of said notice is mailed, that the real property involved will be subject to a municipal lien in the amount of the delinquent sewer bill or charge plus any other fees. If payment is not made within the fifteen-day period, the City Recorder shall enter in the Lien Docket of the city of Yamhill a municipal lien against the real property. At any time after sixty days from the date of the lien was docketed, if the lien is still unpaid and unsatisfied, the city of Yamhill shall proceed to foreclose the lien against the real property therein described in the manner provided for by Oregon Revised Statutes as may be subsequently amended.

11.7. Inspection/Permit Fee. A fee established by Council resolution shall be paid at he time of payment of the connection charge to cover the cost of inspection of the side sewer and building sewer connection, on public sewer inspection.

Section 12. SEVERABILITY CLAUSE.

All provisions or this ordinance are severable. It being the intent of the City Council to enact this Ordinance, notwithstanding any parts declared invalid or unconstitutional, if any section, subsection, paragraph, or provisions of this ordinance is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this ordinance.

Section 13. Repealer.

All ordinances or resolutions of the City enacted prior hereto are hereby repealed, including, but not limited to Ordinance No. 228, 231, 253, 288, 304, 308, 325, and 327.

Section 14. Emergency Clause.

The Council desires and deems it necessary for the preservation of the health, peace and safety of the City of Yamhill that this ordinance take effect at once, and therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval.

Passed by the City Council of the City of Yamhill, on this 26th day of February, 1986.