§ 33.01 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FOUND PROPERTY.  Money or personal property of any description other than contraband, firearms used in commission of a crime, other property being held as evidence in any civil or criminal proceeding, animals, or motor vehicles, the true owner of which cannot be readily ascertained, and which is:

(1) Found by any officer or employee of the city in or about any vehicle, structure, park, lot, street, or other place or premises owned by or under control of the city; or

(2) Surrendered to an officer or employee of the city by any person reporting it to have been found at any place.

SURPLUS PROPERTY.  Any personal property belonging to and owned by the city, which has been determined by the City Manager to be of no further use to the city.

UNCLAIMED MOTOR VEHICLE.  Any motor vehicle taken into custody after notice as provided herein.

UNCLAIMED PROPERTY.  Money or personal property of any description other than contraband, firearms used in the commission of a crime, animals or motor vehicles, and which has, for any reason, come into the custody, actual or constructive, of the city and is no longer required to be held by the city for any purpose, and remains unclaimed for 30 days after notice to the owner or other interested person(s) as provided herein.
(Ord. 1817, passed 5- -93)

§ 33.02 Surrender of Found Property

Any person who surrenders found property to the custody of any officer or employee of the city thereby surrenders and waives any claim of right, title, or interest therein which might otherwise be asserted.

§ 33.03 Records and Reports

(A) The officer or employee of the city into whose custody found property first comes shall deliver to the custody of the Police Department the property together with a report.  The report shall set forth the following information as is known to the author:

(1) The date, time, name and address of finder, and place of the finding;

(2) The date and time the property came into the custody of the city; and

(3) A description of the property; the location where the property is kept.

(B) When found property comes into the custody of the Police Department the Police Department shall cause an identification tag to be attached to the property.
(Ord. 1817, passed 5- -93)

§ 33.04 Treatment of Surplus Property

(A)  Determination that personal property is surplus and of no further use to a using agency is within the exclusive jurisdiction of the City Manager.

(B)  Disposition of surplus property is within the exclusive jurisdiction of the City Manager.
(Ord. 1817, passed 5- -93)

§ 33.05 Treatment of Unclaimed Property

(A) Any officer or employee of the city who has, for any reason, the actual or constructive custody of unclaimed property shall deliver the property to be held under the jurisdiction of his department head. After ten days from time of delivery, or sooner if the department head or his designee deems the property to be of such value that more secure storage is advisable, the property shall be delivered to the custody of the Police Department.
(B) Within ten days of the property coming into the custody of the Police Department, the Department shall make diligent inquiry, including, but not limited to, an examination of the property for identifying markings, to discover the name and address of the owner, conditional vendor, mortgagee, or any person(s) interested therein.
(C) If the owner or other interested person(s) can be readily ascertained, or has been ascertained within ten days of the Police Department custody, the Department shall cause notice to be sent by certified mail to the owner or interested person(s) so that he may claim the property within 30 days of the date on which the notice is sent.
(D) Unclaimed property shall be held for at least 30 days following the notice to the owner or other interested person(s), during which time the owner may redeem the property by satisfactorily establishing his ownership thereof and payment of costs as provided herein.
(E) The Chief of Police, whenever he deems necessary, shall transmit to the evidence/property manager a list of all found and unclaimed property in his possession. After this transmittal, the property shall come into the custody and control of the Evidence/Property Manager.
(F) Unclaimed property valued at $25 or more and which remains unclaimed and not redeemed after the redemption period set forth in divisions (C) and (D) above shall be disposed of by the Evidence/ Property Manager as follows:

(1) At a time set by the City Manager, all unclaimed property shall be sold at public auction to the highest bidder for cash.
(2) In default of bids from others, the City Manager may dispose of the property at his discretion without necessity of taking further bids.
(3) Notice of the time and place of the auction shall be given by one publication in a newspaper of general circulation in the city not less than five days nor more than 15 days before the date of the sale. The notice shall contain a general description of the property to be sold.
(4) At the time of the payment of the purchase price for property sold under this section, the City Manager or a representative of the City Manager shall make, execute, and deliver, on behalf of the city, a bill of sale, in duplicate, the original to be delivered to the purchaser and the copy to be kept on file in the office of the City Manager. The bill of sale shall include the following:

(a) The name and address of the purchaser;
(b) The date of the sale;
(c) The consideration paid;
(d) A brief description of the property; and
(e) A stipulation that the city does not warrant the condition or title of the property.

(5) The sale and conveyance of unclaimed property shall be without redemption.
(6) Property sold pursuant to this section shall be delivered to the purchaser only upon presentation of the bill of sale therefor, issued pursuant to division (D) of this section.
(G) Found and unclaimed property valued at less than $25 and not redeemed may be disposed of by the City Manager in a manner most advantageous to the city.
(H) The proceeds of any sale under this section shall be applied as follows: First, to the payment of the cost of the sale and expenses incurred in the preservation and custody of the property, and; second, the balance, if any, shall be paid to the Finance Director/Recorder of the city and shall be credited to the general fund.
(Ord. 1817, passed 5- -93)

§ 33.06 Abandoned Motor Vehicles

Motor vehicles shall be held and disposed of as provided by ORS Chapter 819.
(Ord. 1817, passed 5- -93)

§ 33.07 Owner's Responsability and Expense

Found property, unclaimed property and unclaimed motor vehicles which come into the custody, actual or constructive, of the city for any reason, shall be held at the expense of the owner and any costs incurred by the city in finding, transportation, giving of notice, storage, care, and custody of the property shall be paid by the owner or other person(s) lawfully entitled to possession and upon payment of same the property may be released.
(Ord. 1817, passed 5- -93)

§ 33.08 Redemption of Property

(A) The property shall be held by the city for a minimum period of 30 days after the property comes into the custody of the city, during which time the owner may redeem the property by satisfactorily establishing his ownership thereof, and the payment of any costs as provided herein.
(B) Found property which remains unclaimed and not redeemed after the redemption period set forth in division (A) above shall be disposed of as unclaimed property pursuant to city ordinance.
(Ord. 1817, passed 5- -93)

§ 33.09 Discretion of City Manager

The City Manager, may, but is not required to, use additional or extraordinary efforts to locate owners or sell property as he sees fit in his sole discretion.
(Ord. 1817, passed 5- -93)

§ 33.20 Purpose

The purpose of this public grievance procedure is to establish a formal method the public shall pursue should they feel their city government is discriminating against handicapped persons.
(Ord. 1544, passed 10-8-84)

§ 33.21 Duties of City Manager

The City Manager is hereby designated to be the responsible city employee in all handicapped discrimination complaints.
(Ord. 1544, passed 10-8-84)

§ 33.22 Duties of Finance Director/Recorder

The Finance Director/Recorder is hereby designated to be the responsible city employee to record data necessary and required by the Office of Revenue Sharing and to make same available to the City Auditor.
(Ord. 1544, passed 10-8-84)

§ 33.23 Resolution Procedure

Grievances shall be resolved in the following manner:
(A) Step 1. The complainant shall file his grievance, in writing, to the City Manager.
(B) Step 2. With respect to any complaint submitted to the city in compliance with Step 1, the parties shall make earnest effort to reach early agreement. If resolution is not reached within ten days, the complaint shall be submitted to the City Council.
(C) Step 3. All unresolved complaints will be submitted to the City Council for final city resolution. Presentations will be made by the complainant and determination will be made by the City Council at the regularly scheduled meeting following notification of the request.
(D) Step 4. If the complainant is not in agreement with the City Council resolution, the complainant may appeal the Council's decision to the appropriate tribunal.
(Ord. 1544, passed 10-8-84)

§ 33.35 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF OF POLICE.  The CHIEF OF POLICE of the city or his duly appointed representative.

CITY.  The City of Hermiston, Oregon, a municipal corporation.              

COURT.  The municipal court of the City of Hermiston, Oregon.

COURT CLERK.  Any person(s) sworn in as a clerk of the court.

DISTRICT.  The City of Hermiston, Oregon.

FINANCE DIRECTOR/RECORDER.  The FINANCE DIRECTOR/RECORDER of the City of Hermiston, Oregon, or his duly appointed representative.

JUDGE.  A JUDGE of the municipal court of the City of Hermiston, Oregon.

SHERIFF.  The Chief of Police of the city. (Ord. 1407, passed 4-12-82)

§ 33.36 Adoption of State Statutes

The following enumerated sections of the Oregon State Statutes of 2007 are hereby adopted by reference and made a part of this subchapter so far as they pertain to trial by juries in the municipal court:

(A)  ORS 10.010 through 10.105 and ORS 10.115

(B)  ORS 54.010 through 54.050

(C)  ORS 54.100 through 54.130 and ORS 54.160 (Ord. 1407, passed 4-12-82; Am. Ord. 2020, passed 9-11-00; Am. Ord. 2154, passed 3-9-09)

§ 33.37 Trial by Jury in Criminal Cases

In all prosecutions for any crime over which the municipal court has jurisdiction, the prosecution and the defendant shall have the right of trial by jury, of six in number.  Except as otherwise provided in this code, juries shall be selected in the same manner in which juries are selected for misdemeanor cases in circuit courts.  The verdict of the jury shall be unanimous. (Ord. 1407, passed 4-12-82; Am. Ord. 2154, passed 3-9-09)

§ 33.38 Jury List

(A)  On the first Monday of January of each year, the Finance Director/Recorder shall deliver to the municipal judge a current roll of the registered voters in the city.  The Court Clerk, under the direction of the Municipal Judge, shall select and make from the roll a jury list of persons to serve as jurors for the next three months, and until another is selected.  Subsequent jury lists for each following three month period will be prepared at least 30 days prior to the expiration of the current jury list.

(B)  The list, when made, will be dated and signed by the Municipal Judge and Court Clerk.

(C)  No person shall be placed on the jury list who has served on the jury list of the court during the preceding 12 months. (Ord. 1407, passed 4-12-82)

§ 33.39 Jurors' Fees

Each juror shall be entitled to an attendance fee as adopted by resolution, but not less than $10 for each day's required attendance.
(Ord. 1407, passed 4-12-82; Am. Ord. 2020, passed 9-11-00)

§ 33.40 Jury Fees

If a case is tried by a jury and the defendant is found guilty, the clerk shall tax against the defendant the total amount of the jury trial fee. The jury trial fee constitutes a monetary obligation payable to the court, and shall be made part of the judgment in the case by the clerk without further notice to the defendant or further order of the court. The jury trial fee is the amount provided by ORS 10.061 in courts other than circuit courts for payment for each juror sworn multiplied by the number of jurors constituting a jury in ' 33.37. (Ord. 2154, passed 3-9-09)

§ 33.50 Purpose

The purpose of this subchapter is to authorize the Police Department to access Oregon State Police (OSP) criminal offender information through the Law Enforcement Data System (LEDS) for applicants seeking employment and/or volunteer work with the city in accordance with OAR 257-10-025(1)(a).
(Ord. 1965, passed 9-14-98; Am. Ord. 2130, passed 2-12-07)

§ 33.51 Procedure

All proceedings pursuant to this subchapter shall be conducted in accordance with ORS 181.555 and OAR 257‑10‑025, which establish procedures for access to criminal record information possessed by the Oregon State Police (OSP) through the Law Enforcement Data System (LEDS), and as supplemented below:

(A) Those applicants for employment and appointed volunteers with the city who are required to have a criminal history background checks shall authorize the city to conduct a criminal offender information check through the OSP-LEDS system.

(B) The Personnel Department will maintain the criminal history authorization form and request that a criminal history check be made if it is determined this will be in the best interest of the city in filling the position.

(C) The Hermiston Police Department will conduct the check on the prospective employee or volunteer and report to the Personnel Department that the applicant's record indicated Ano criminal record@ or Acriminal record@.

(D) If the applicant=s record is reported a Acriminal record,@ the Personnel Department will, in accordance with OAR 257‑10‑025 (1)(c), request a written criminal history report from the OSP Identification Services Section and pay the applicable fee for this service.  The Personnel Department will make the written criminal history record available to the selecting official for his consideration in making the hiring decision.

(E) The written criminal history record on persons who are not hired or appointed as a volunteer will be retained in accordance with the requirements of OAR 166‑40‑080 for a period of three years and thereafter will be destroyed by shredding.

(F) The criminal history record of applicants and volunteers with a criminal history who are hired or appointed will become a part of the confidential personnel file of the employee or volunteer.  Access to confidential personnel files is limited to authorized persons who have an official need to access the files as sanctioned by law or regulation.

(G) Applicants for employment or appointment as a volunteer who have a felon criminal history or a history of conviction of a misdemeanor involving moral turpitude or theft will be closely examined by the selecting official(s) to determine if the applicant possesses the required degree of public trust and confidence.  Each selection will, however, be made on an individual, case‑by‑case basis, taking into account the applicant's qualifications, the requirements of the particular job or volunteer post applied for and the results of the criminal history check.  Factors such as the age of the offender at the time of the offense, the type of offense and subsequent rehabilitation and the public sensitivity of the position under consideration shall be taken into account in evaluating a criminal history report.

(H) Hiring an applicant or appointing a volunteer with a criminal history record require a positive recommendation by the Chief of Police and the approval of the City Manager or governing body after full disclosure and consideration of the criminal history the applicant. (Ord. 1965, passed 9-14-98)

33.60 Adoption of state law

Except as provided in this chapter, the general laws of the state concerning initiative and referendum shall apply to any initiative or referendum of a city measure. (Ord. 2151, passed 8-25-08)

33.61 Filing Deadline for Initiative Petitions

The date the first signature of an initiative petition is affixed shall be no later than 90 days after the issuance of the ballot title for the measure, and the initiative petition shall be filed with the city recorder for certification and approval no later than 180 days after the date the first signature on the petition has been affixed or at the end of 145 days from the effective date of this subchapter, whichever is later. (Ord. 2151, passed 8-25-08)

§ 34.01 Scope

The system development charges imposed herein are separate from and in addition to any applicable tax, assessment, charge or fee otherwise provided by law or imposed as a condition of development.
(Ord. 1938, passed 9-8-97)

§ 34.02 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Capital Improvements. Facilities or assets used for:

(1) Water supply, treatment and distribution;

(2) Sewer and wastewater collection, transmission, treatment and disposal;

(3) Drainage and flood control;

(4) Transportation; or

(5) Parks and recreation.

Development. Conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, or creating or terminating a right of access.

Improvement Fee. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to the provisions of this subchapter.

Land Area. The area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right of way or easement subject to a servitude for a public street or scenic or preservation purpose.

Owner. The Owner(s) of record title or the purchaser(s) under a recorded sales agreement, and other persons having an interest of record in the described real property.

Parcel of Land. A lot, parcel, block or other tract of land that is or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision or other development ordinances.

Permittee. The person to whom a building permit, development permit or right of way access permit is issued.

Qualified Public Improvement. A capital improvement that is:

(1) Required as a condition of development approval;

(2) Identified in the System Development Charge Fund Project Plan; and

(3) Not located on or continuous to a parcel of land that is the subject of the development approval.

Reimbursement Fee. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to the provisions of this subchapter.

System Development Charge. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement, at the time of issuance of a development permit or building permit, or at the time of connection to the capital improvement. System Development Charges does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision.
(Ord. 1938, passed 9-8-97)

§ 34.03 System Development Charge Imposed

Unless exempted pursuant to herein, a systems development charge is hereby imposed upon all development within the city.
(Ord. 1938, passed 9-8-97)

§ 34.04 Method for Establishment

Systems development charges shall be established and may be revised by resolution of City Council. The resolution shall set the amount of the charge, the type of permit to which the charge applies, and, if the charge applies to a geographic area smaller than the entire city, the geographic area subject to the charge.

(Ord. 1938, passed 9-8-97)

§ 34.05 Methodology

(A) The methodology used to establish the reimbursement fee shall consider the cost of the then existing facilities, prior contributions by then existing system users, the value of unused capacity, rate making principles employed to finance publicly owned capital improvements, and other relevant factors identified by the City Council. The methodology shall promote the objective that future systems users shall contribute not more than an equitable share of the cost of then existing facilities.

(B) The methodology used to establish the improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related and other relevant factors identified by the City Council.

(C) The methodology used to establish the improvement fee or the reimbursement fee, or both, shall be adopted by resolution.
(Ord. 1938, passed 9-8-97)

§ 34.06 Authorized Expenditure

(A) Reimbursement fees shall be applied only to capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness.

(B) Improvement fees shall be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the improvements funded by improvement fees must be related to demands created by projected development.

(C) Capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the Systems Development Charge Fund Project Plan adopted by the city.

(D) System development charge revenues may be expended on the direct costs of complying with the provisions of this subchapter, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge funds.
(Ord. 1938, passed 9-8-97)

§ 34.07 Project Plan

(A) The City Council shall adopt by resolution the Systems Development Charge Fund Project Plan. This plan:

(1) Defines the amount of current or under construction capacity available for new development and the cost of the facilities comprising this capacity;

(2) Lists the capital improvements that may be funded with improvement fee revenues; and

(3) Lists the estimated cost and estimated construction time frame of each improvement.

(B) In adopting this plan, the City Council may incorporate by reference all or a portion of any public facilities plan, master plan, capital improvements plan or similar plan that contains the information required by this section. The City Council may modify this project plan at any time through the adoption of an appropriate resolution.
(Ord. 1938, passed 9-8-97)

§ 34.08 Charge Collection

(A) The systems development charge is payable upon issuance of:

(1) A building permit;

(2) A development permit for development not requiring the issuance of a building permit;

(3) Approval to connect or increase the usage of the system or systems provided by the city; or

(4) A right of way access permit.

(B) The resolution which sets the amount of the charge shall designate the permit or systems to which the charge applies.

(C) The City Manager or his designee shall collect the applicable system development charge from the permittee or system user.

(D) The City Manager or his designee shall not issue the permit or allow connection or increased usage of the system(s) until the charge has been paid in full, unless an exemption is granted pursuant to § 34.09.

(E) All moneys collected through the system development charge shall be retained in a separate fund and segregated by type of system development charge and by reimbursement versus improvement fees.
(Ord. 1938, passed 9-8-97)

§ 34.09 Exemptions

(A) Exemptions include all structures and uses established and existing on or before the effective date of the resolution.

(B) Additions to single family dwellings that do not constitute the addition of a dwelling unit as defined by the city's Building Code are exempt from all portions of the system development charge.

(C) An alteration, addition, replacement or change in use that does not increase the parcel's or structure's use of a capital improvement are exempt from all portions of the system development charge.
(Ord. 1938, passed 9-8-97)

§ 34.10 Credits

(A) A permittee is eligible for credit against the system development charge for constructing a qualified capital improvement. A qualified capital improvement means one that meets all of the following criteria:

(1) Is required as a condition of development approval by the city;

(2) Is identified in the adopted System Development Charge Fund Project Plan; and

(3) Is not located within or contiguous to the property or parcel that is subject to development approval; or

(4) Is not located in whole or in part on, or contiguous to, property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.

(B) This credit shall be only for the improvement fee charged for the type of improvement being constructed. Credit under this section may be granted only for the cost of that portion of the improvement that exceeds the facility size or capacity needed to serve the development project.

(C) In applying the adopted methodology, the city may grant a credit against the improvement charge for capital facilities provided as part of the development that reduces the development's demand upon existing capital improvements or the need for further capital improvements or that would otherwise have to be constructed at city expense under the then existing City Council policies.

(D) When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement fees that accrue in subsequent phases of the original development project.

(E) All credit requests must be in writing and filed with the city before the issuance of a building permit. Improvement acceptance shall be in accordance with the usual and customary practices, procedures and standards of the city. The amount of any credit shall be determined by the city and based upon the subject improvement construction contract documents, or other appropriate information, provided by the applicant for the credit. Upon a finding by the city that the contract amounts exceed prevailing market rate for a similar project, the credit shall be based upon market rates. The city shall provide the applicant with a credit on a form provided by the city. The credit shall state the actual dollar amount that may be applied against any system development charge imposed against the subject property. The applicant has the burden of demonstrating qualification for a credit.

(F) Credits shall be apportioned against the property which was subject to the requirements to construct an improvement eligible for credit. Unless otherwise requested, apportionment against lots or parcels constituting the property shall be proportionate to the anticipated public facility service requirements generated by the respective lots or parcels. Upon written application to the city, however, credits shall be reapportioned from any lot or parcel to any other lot or parcel within the confines of the property originally eligible for the credit. Reapportionment shall be noted on the original credit form retained by the city.

(G) Any credits may be assigned; however, they shall apply only to that property subject to the original condition for land use approval upon which the credit is based or any partitioned or subdivided parcel or lots of property to which the credit has been apportioned. Credits shall only apply against system development charges, are limited to the amount of the fee attributable to the development of the specific lot or parcel for which the credit is sought and shall not be a basis for any refund.

(H) Any credit request must be submitted before the issuance of a building permit. The applicant is responsible for presentation of any credit and no credit shall be considered after issuance of a building permit.

(I) Credits shall be used by the applicant within ten years of their issuance by the city.
(Ord. 1938, passed 9-8-97)

§ 34.11 Notification: Appeals

(A) The city shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of the system development charge methodology. These persons shall be so notified in writing of any proposed changes at least 45 days prior to the first hearing to adopt or amend methodology(ies). This methodology shall be available at least 30 days prior to the public hearing.

(B) No challenge to the system development charge methodology shall be accepted after 60 days following final adoption by the City Council.
(Ord. 1938, passed 9-8-97)

§ 34.12 Annual Accounting

The city shall provide an annual accounting for system development charges showing the total amount of system development charges collected for each system along with a list of projects funded in whole or in part through system development charges.

(Ord. 1938, passed 9-8-97)

§ 34.25 Short Title

This subchapter shall be known as the Improvement District Ordinance of the city.

(Ord. 431, passed 8-23-61)

§ 34.26 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Local Improvement. Opening, laying, widening, extending, altering, changing the grade of, constructing, reconstructing, or repairing any street, alley, curb, gutter and sidewalk; constructing, reconstructing or repairing any sewer, drain, or system thereof; laying or installing any water main or lateral; acquiring, establishing, or reconstructing any off street motor vehicle parking facilities; acquisition of land and equipment for installation of park, playground or neighborhood recreation facility; installation of underground wiring, ornamental street lights; or performing any other public work for which an assessment may be made on the property specially benefited.

Lot. Lot, block or parcel of land.

Owner. The owner of the title to real property or the contract purchaser of real property, of record, as shown on the last available complete assessment roll in the office of the County Assessor.

Property Benefited. All property specifically benefited by the improvement, the relative extent of benefit to be determined by any just and reasonable method of apportionment of the total cost of the improvement between the properties determined to be specially benefited therefrom.
(Ord. 431, passed 8-23-61; Am. Ord. 1124, passed 3 13 78)

§ 34.27 Preparation of Plans

(A) Whenever the City Council shall determine, either after petition by property owners or on their own motion, to proceed to make an improvement to be paid for in whole or in part by the property benefited, they shall, by motion, direct the City Manager to have the following report prepared containing the following information and any other information requested by the City Council.

(1) A description of the work proposed to be done;

(2) Preliminary plans and outline specifications for improvement;

(3) A description of the boundaries of the proposed improvement district;

(4) A just and reasonable method for apportioning the costs of the improvements to the properties benefited;

(5) A list of the properties benefited by improvement, including the name of the owner of each property benefited and the address of the owner; the assessed valuation of each property, adjusted in accordance to ORS 223.220; and a statement of the amount of outstanding assessments against any property proposed to be assessed by the improvement;

(6) The estimated total cost of the improvement including all legal, engineering and administrative costs;

(7) The proportionate cost of the improvement to be assessed to each benefited property;

(8) The portion of the cost of the improvement to be borne by any city funds, if any.

(B) The City Manager shall have a copy of the report filed in the office of the Finance Director/Recorder when completed.
(Ord. 431, passed 8-23-61)

§ 34.28 Assessing Costs

(A) In proposing a method of assessment of the costs of the improvement, the following shall be considered.

(1) The use of any just and reasonable method of determining the extent of the district boundaries consistent with the benefits derived;

(2) The use of any method of apportioning the sum to be assessed as is just and reasonable among the properties determined to be specially benefited;

(3) Payment by the city of all or any part of the cost of any improvement when, in the opinion of the City Council, on account of topographical or physical conditions, unusual or excessive use by the general public or other character of the work involved, or when the Council otherwise believes the situation warrants; provided that proportion to be paid by the city represents a reasonable relation between the benefits derived by the property specially assessed and the benefits derived by the city as a whole.

(B) Nothing herein contained shall preclude the Council from using other available means of financing improvement, including federal or state grants in aid, sewer service or other types of services or charges, revenue bonds, general obligation bonds, or other legal means of finance. In the event any of the other means of finance are used, the Council may, in its discretion levy special assessments hereunder according to benefits to cover any part of the costs of the improvement not covered by such means.
(Ord. 431, passed 8-23-61)

§ 34.29 Final Assessments

(A) When improvement has been completed, the City Council shall, by ordinance, provide for the assessment of the benefited properties and for the apportionment of the assessment to the individual lots within the district.

(B) In determining the cost of the improvement, the following shall be added to the contract price of the work:

(1) The cost of right of way;

(2) Condemnation expenses;

(3) Cost of engineering;

(4) Cost of supervision;

(5) Cost of inspection;

(6) Cost of advertising;

(7) Legal expenses; and

(8) Any other necessary and proper expenses, which costs shall be a part of the amounts assessed to the benefited properties.

(C) The final assessment ordinance shall provide that the assessments against the benefited properties shall be a charge and a lien against the assessed properties. (Ord. 431, passed 8-23-61)

§ 34.30 Errors in Assessments

(A) Claimed errors in calculation of assessments shall be called to the attention of the City Manager prior to any payment on account thereof. The City Manager shall check the calculation and report his findings to the Council.

(B) If an error has been made, the Council shall amend the final assessment ordinance to correct the error. Upon the enactment of an amendment by the City Council, the Finance Director/Recorder shall make the necessary correction in the lien docket and shall send by registered or certified mail to the owner a corrected notice of the assessment.
(Ord. 431, passed 8-23-61)

§ 34.31 Reassessments

The provisions of ORS 223.405 to ORS 223.485, concerning reassessments after assessments are set aside for any reason, or when the courts refuse enforcement of assessments, or when the City Councilis in doubt as to the validity of the assessments, are hereby adopted and made a part of this subchapter.

(Ord. 431, passed 8-23-61)

§ 34.32 Creation of Improvement Districts

(A) Resolution to create districts.

(1) After the City Manager's report has been filed with the Finance Director/Recorder and after the City Council has examined the report and found the same to be satisfactory, and the estimated cost and apportionment thereof to be reasonable and just, and after having found the boundaries of the improvement district to be properly determined, the City Council shall, by resolution, propose to make an improvement, and to create a local improvement district.

(2) The resolution shall also state the boundaries of the district, the proposed method of apportioning the costs of the improvement among the property owners; the portion of the cost, if any, which the city shall pay; and that the portion of the costs which are assessed to the property owners shall be a charge and lien upon the properties benefited.

(3) The resolution shall also set the date for a public hearing and shall direct the Finance Director/Recorder to publish a notice of the hearing as required by ORS 223.389.

(B) Ordinance to create districts.

(1) After the time for filing remonstrances has expired, and after the public hearing, if the local improvement district has not been objected to by the owners of 60% of the property benefited the Council may, by ordinance, provide for the creation of the local improvement district.

(2) The above-mentioned ordinance shall describe the improvement to be made and the boundary of the district. The ordinance shall also provide that the costs of the improvement which are assessed against the properties benefited shall be charges and liens against the property.

(3) The city may enforce collection of assessments as provided by ORS 223.505 to 223.650, or in any other manner provided by law.

(4) In creating the local improvement by ordinance, the Council shall consider the objections and remonstrances made thereto, and the reasons stated therefor. The Council may correct, modify or revise the proposed assessments and shall determine the amount of assessment to be charged against each lot within the district, according to the special benefits accruing thereto from the local improvement.

(5) The ordinance shall also direct that the City Manager have detailed plans and specifications of the improvement prepared and that, when appropriate, that the city invite bids for construction of the improvement. All bidders shall be required to submit a certified check or bid bond in the amount equal to 5% of their bid, and the contractor to whom the award is made shall submit a performance bond in the amount of his bid at the time the contract is awarded.
(Ord. 431, passed 8-23-61)

§ 34.33 Notice of Remonstrance; Public Hearing

(A) Notice of remonstrance.

(1) The notice of the time and place of the public hearing shall state that the City Council shall hear and consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. The notice shall be published once a week for two successive weeks in a newspaper of general circulation designated as legal publication by the City Council, and not less than ten days prior to the date set for the hearing.

(2) The notice shall state that the City Council, by resolution, has proposed to create the improvement. The notice shall also include the following:

"Unless the owners of 60% of the property within the local improvement district make and file with the Finance Director/Recorder a written objection and remonstrance against the proposed improvement within ten days from date of the publication of this notice, or present their objections at the public hearing, the Council shall be deemed to have acquired jurisdiction to order the improvement to conform in all particulars to the plans and specifications previously adopted. Any objection or remonstrance shall state the reasons therefor."

(3) The Finance Director/Recorder shall also notify the owner of each lot proposed to be assessed by registered or certified mail, or by personal delivery, of the amount of the assessment proposed for that property, or the date by which objections shall be filed with the Finance Director/Recorder, and of the date of the public hearing.

(4) Whenever a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to the owner or his agent. If the address of the owner or his agent is not known, the notice shall be sent to the owner at the city where the property is located.

(5) Any mistake, error, omission or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper of general circulation in the city.

(B) Prevention of improvement by remonstrances or at the public hearing. If within ten days from the date of the publication of the notice, the owners of 60% or more of the property within the district file with the Finance Director/Recorder a written objection or remonstrance against the proposed improvement or if the remonstrance be made at the public hearing, the objection or remonstrance shall be a bar to any further proceeding in the making of the improvement for a period of six months, unless the owners of one half or more of the property affected shall subsequently petition.
(Ord. 431, passed 8-23-61)

§ 34.34 Improvement Construction Procedure

(A) It shall be the general policy of the city to call for bids for making local improvements and to award the bid to the lowest, responsible bidder. This general policy, however, shall not prohibit the Council from providing that the city construct the local improvements rather than private contractors. In the event that more than one local improvement district shall be advertised for bids at the same timed all local improvement districts shall be bid separately. The Council shall have the authority, however, to accept the lowest aggregate bid for all of the local improvement districts bid at the same time and they shall allocate the proper amount of the total cost to each district separately.

(B) The Council may, in its discretion, reject any and all bids submitted if the aggregate of the bid exceeds the aggregate estimated cost of all of the districts, and the Council shall not be required to accept any bid for any individual district even though the same may comply with the requirements here of when the aggregate bid fails to meet the requirements of other local improvement districts then bid.
(Ord. 431, passed 8-23-61)

§ 34.35 Parking Improvements

The procedure for establishing motor vehicle parking districts provided in ORS 223.805 to 223.845 shall be the same as for other improvement districts.

(Ord. 431, passed 8-23-61)

§ 34.36 Lien Recordings; Payments

(A) Immediately after the City Council has approved the final assessment ordinance, the Finance Director/Recorder shall enter the assessments in the city lien docket, which assessments shall be a lien and charge upon the respective lots against which they are placed. Liens shall be first and prior to all other liens or encumbrances thereon insofar as the laws of Oregon allow.

(B) After making entry, the Finance Director/Recorder shall publish a notice in a newspaper designated by the City Council for the publication thereof. This notice shall state that within ten days of the time of publication of this notice, the owners of the assessed properties may file with the Finance Director/Recorder, on a form provided for the purpose, an application to pay the assessment in whole or in part on an installment basis, as provided by the Bancroft Bonding Act, ORS 223.205 to 223.295, which is hereby adopted by reference and made a part of this subchapter. This notice shall also state that, if the assessment is not eligible under the provisions of the Bancroft Bonding Act, or if the owner of the assessed property does not apply to use the installment basis, all or part of the assessment shall be excluded from the installment payment procedure and shall be paid in full by cash within 30 days of the date of entry in the lien docket.

(C) The Finance Director/Recorder shall also send by registered or certified mail to the owners of the assessed property a notice containing the same information as the notice which is published in the newspaper. If the address of the owner is unknown to the Finance Director/Recorder, the same requirements shall be met as described by § 34.33(A) of this subchapter and by ORS 223.391.

(D) The contents of the application to pay assessments on the installment basis shall be as provided by ORS 223.315.

(E) After application has been made by the owners of assessed property to have the assessments bonded, assessments shall be transferred by the Finance Director/Recorder from the city lien docket to the bond lien docket, as provided by ORS 223.230.
(Ord. 431, passed 8-23-61)

§ 34.37 Foreclosure Interest

(A) The current Bancroft bond interest rate shall be that interest charged per annum until paid on the unpaid balance remaining on the city lien docket from the date of entry, or of entry corrected pursuant to any provisions of this subchapter, except that no interest shall be charged if the assessment be paid within 30 days of the passage of the final assessment ordinance.

(B) The city may proceed to foreclose or enforce any lien to which it shall be entitled pursuant to the provisions of this subchapter at any time after 60 days from the date of entry of the assessment in the lien docket, as provided by ORS 223.505 through 223.775, or any other method provided by law.
(Ord. 431, passed 8-23-61; Am. Ord. 658, passed 5 25-70; Am. Ord. 1297, passed 5-12-80; Am. Ord. 1365, passed 6-8-81)

§ 34.38 Bonding Provisions

(A) Rebonding. The provisions of ORS 223.715 to ORS 223.750, concerning rebonding of bonded assessments which have not been fully paid are hereby adopted and made a part of this subchapter. The applicable interest rate for ORS 223.715 shall be the current Bancroft bond interest rate.

(B) Reinstatement. The provisions of ORS 223.755, concerning reinstatement of delinquent liens before the property affected has been sold, are hereby adopted and made a part of this subchapter.

(C) Miscellaneous provisions. The provisions of ORS 223.750 and 223.765, concerning acceptance of home owner's loan corporation bonds and municipal bonds as payments for assessment liens; of ORS 223.770, concerning assessment of public property benefited by improvements; and of ORS 223.880, concerning the inclusion of public roads in sidewalk improvement districts; are hereby adopted by reference and made a part of this subchapter.
(Ord. 431, passed 8-23-61; Am. Ord. 658, passed 5 25-70; Am. Ord. 1297, passed 5-12-80; Am. Ord. 1365, passed 6-8-81)

§ 34.39 Abandonment of Proceedings

The City Council shall have full power and authority to abandon and rescind proceedings for improvements undertaken hereunder at any time prior to the final consummation of proceedings. If liens have been assessed upon any property under this procedure, they shall be cancelled and any payments made thereon shall be refunded to the payor, his assigns, or legal representatives.
(Ord. 431, passed 8-23-61)

§ 34.40 Curative Provision

No improvement assessment shall be invalid by reason of a failure to give, in any report on the proposed assessment, in the assessment ordinance, in the lien docket or elsewhere in the proceedings, the name of the owner of any lot or other parcel of land, or part thereof, or the name of any person having a lien upon or interest in the property, or by reason of any error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings hereinabove specified, unless it appears that the assessment as made, insofar as it affects the person complaining, is unfair and unjust and the City Council shall have power and authority to remedy and correct all matters by suitable action and proceedings.

(Ord. 431, passed 8-23-61)

§ 36.01 Title

This chapter shall be known as the City of Hermiston Employer Employee Relations Ordinance.
(Ord. 867, passed 5-12-75)

§ 36.02 Purpose

The purpose of this chapter is to establish policies and procedures for the orderly administration of employer employee relations in city government, the formal recognition of employee organizations, and the resolution of disputes regarding wages and related economic benefits.
(Ord. 867, passed 5-12-75)

§ 36.03 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Appropriate Unit. A unit determined pursuant to § 36.17 of this chapter, excluding confidential and management employees as herein defined.

City. The city of Hermiston and, where appropriate herein, the City Council or any authorized management employee as herein defined.

City Council. The governing body of the City of Hermiston.

City Representative. The City Manager, or alternate or alternates as may be selected by him, together with another person or persons as the City Council may designate. The City Council may authorize the City Manager to designate another person or persons on their behalf.

Consultation in Good Faith. The mutual obligation of the city representative and employee representative personally to meet at reasonable times and to communicate in good faith verbally or in writing in an attempt to reach agreement on those matters within the scope of consultation.

Day. A calendar day.

Employee. Any employee who is appointed to a full time or part time permanent city position.

Employee, Confidential. Any employee who is privy to decisions of city management affecting employer employee relations. Confidential Employees shall be designated by the City Manager.

Employee, Management. Any employee having significant responsibilities for formulating and administering city policies and programs, including but not limited to the City Manager and department heads; and any employee having authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them, or to adjust grievances, or effectively to recommend action if in connection with the foregoing, and the exercise of authority is not of a merely routine or clerical nature but requires the use of independent judgment. Management Employees shall be designated by the City Manager.

Employee Organization. Any organization which has in its membership employees of the city and which has as one of its primary purposes representing employees in their employment relations with the city.

Employee Organization, Certified.. An employee organization which has been certified as the majority representative of employees in an appropriate unit in accordance with the provisions of §§ 36.17 through 36.20.

Employee Representative. The employee or employees representing a certified employee organization for purposes of the consultation process provided in this chapter.

Employer Employee Relations. The relationship between the city and its employees and their employee organizations or, when used in a general sense, the relationship between city management and employees or employee organizations.

Fact Finder.. The Fact Finder, Fact Finding Committee, or Fact Finding Body selected pursuant to § 36.21.

Fact Finding. Identifying the major issues in a particular dispute; reviewing the positions of the parties; investigating and reporting of the facts by one or more impartial fact finders; and making recommendations for settlement.

Grievance. A dispute concerning the interpretation of the rules and regulations governing personnel policies and practices of the city affecting the employee, or of the practical consequences of a “city rights” decision on wages and related economic benefits. An impasse is not a Grievance.

Impasse. A deadlock in the annual discussions between the city representative and employee representative over any matters within the scope of consultation as defined in § 36.15 of this chapter.

Mediation. The effort of an impartial third person or persons, functioning as intermediaries, to assist the parties in reaching a voluntary resolution of an impasse through interpretation, suggestion and advice.

Memorandum of Understanding. A written memorandum incorporating matters on which agreement is reached through the consultation process and approved by the City Council.
(Ord. 867, passed 5-12-75)

§ 36.15 Scope of Consultation

The scope of consultation between the city representative and employee representative shall include all matters relating to employee wages and related economic benefits. Employee rights as defined in § 36.24 and city rights as defined in § 36.25 of this chapter are excluded from the scope of consultation and not subject to the consultation process provided in this chapter.
(Ord. 867, passed 5-12-75)

§ 36.16 Consultation Process

The purpose of this section is to provide procedures for the consultation process.

(A) A meeting of all employee representatives and the city representative shall be held no later than October 1 of each year to review the consultation procedures and to discuss matters within the scope of consultation and the data relating to the matters that the employee representatives desire to have available during the consultation process. The city representative shall make reasonable efforts to obtain data and shall present it to the employee representative by November 15 of each year.

(B) All matters within the scope of consultation which employee representatives might propose shall be submitted in writing to the city representative by December 1 of each year. All matters which the city might propose shall be submitted in writing by the city representative to the appropriate employee representatives by January 15 of each year. No proposal may be considered that will affect the ensuing year's budget unless the same was submitted by December 1, in the case of the employee representative, and by January 15, in the case of the city representative.

(C) An initial meeting to discuss the written proposals shall be held within ten days after the submission of the city representative's proposals, but in no event later than January 15 of each year. Matters of city wide concern shall be discussed in joint meetings between the city representative and the employee representatives of all the certified employee organizations. “Matters of city wide concern” are those matters requiring major budgetary financing or having an impact on city employees generally, as determined by the City Manager.

(D) Subsequent consultation sessions shall be arranged by mutual agreement of the city representative and the employee representative.

(E) Upon completion of consultations, a “memorandum of understanding” shall be prepared by the City Manager and signed by the City Manager and the employee representative. The signed memorandum shall be forwarded to the City Council for its acceptance, rejection, or modification and acceptance.

(F) Any time limit provided in this section may be extended by mutual agreement of the city representative and the employee representatives.
(Ord. 867, passed 5-12-75)

§ 36.17 Employee Representation Unit Determination

(A) Any employee organization desiring to represent a group of employees in consultations held in accordance with this chapter may petition the City Council for a representation election. A representation petition shall be in writing and shall specify:

(1) The name and address of the organization;

(2) The principal officers of the organization;

(3) The person and address to whom all communications to the organization concerning the election shall be sent;

(4) That membership in the organization is not denied because of race, sex, color, religious creed, national origin or ancestry, or political affiliation; and

(5) A description of the unit proposed by the organization to be appropriate and within which the election is sought. The description shall include a listing of the classification titles of the positions in the proposed appropriate unit.

(B) The representation petition shall be supported by the signatures of at least 50% of the employees in the proposed appropriate unit. The signatures shall be based upon the representation petition, and the petition shall bear the date that the signatures were obtained. All employee signatures must have been placed upon the representation petition within 60 days immediately preceding submission of the petition.

(C) Upon filing of the representation petition, the Finance Director/Recorder shall post within the work area of the proposed appropriate unit a notice describing the proposed unit, that a representation election has been requested, and naming the employee organization petitioning for representation.

(D) The City Council shall refer the representation petition to the City Manager for examination and verification. The City Manager shall examine the petition and determine whether valid signatures of the required 50% of the employees in the proposed appropriate unit are on the petition. In the event that the City Manager finds that the petition lacks the required 50%, he shall so notify the City Council and the petitioning employee organization. The petition shall be dismissed forthwith if not previously withdrawn by the employee organization.

(E) The City Manager shall make the final determination as to what employees, if any, in the proposed appropriate unit shall be considered management or confidential employees. If that determination affects the representation petition, then the employee organization shall be notified, and it may amend its petition. The verification of the representation petition shall be forwarded to the City Council immediately.

(F) After receiving the representation petition and after the City Manager has notified the City Council that the petition meets the requirements of this section, the City Council shall then determine whether the petitioner is a bona fide employee organization, whether the unit within which the election is sought is an appropriate unit, and any other questions relating to the subject matter. In determining whether the proposed unit is an appropriate unit, the City Council shall use the following criteria to assist them in its determination:

(1) The community interest of employees;

(2) The history of employee representation in the unit, among other employees of the city, and in similar employment;

(3) The effect of the unit on the efficient operation of the city and upon sound employee relations;

(4) The extent to which employees have common skills, working conditions, job duties, or similar educational requirements;

(5) The effect on the city's classification structure of dividing a single classification among two or more units.

(G) The City Council shall obtain and consider written reports and recommendations of the City Manager which shall take into consideration views of all concerned departments and offices, and the effect on the city. Affected employee organizations may also submit their views in writing concerning the proposed unit, which views shall be considered by the City Council. If the City Council determines that it is in the best interest of the parties, it may schedule a hearing so that all parties may have an opportunity to present evidence or argument in support of their position.

(H) If the City Council determines that the unit is appropriate, then it shall direct the Finance Director/Recorder to schedule a secret ballot election within the unit in accordance with the provisions of § 36.18. If the City Council determines that the proposed unit is inappropriate, it shall so notify the affected parties. Upon receipt of notification, the petitioner may amend its petition, in which event the applicable procedures of this section shall apply.

(I) If an employee organization other than the one filing the original petition for representation desires to represent the same unit and wishes to be on the same election ballot, it shall file a petition meeting the requirements of this section within 15 days of the posting of notice by the Finance Director/Recorder under division (C); provided, the petition need be supported by only 40% of the employees in the unit.
(Ord. 867, passed 5-12-75)

§ 36.18 Representation Election Procedure

(A)

(1) Upon receiving the City Council's order to hold a representation election, the Finance Director/Recorder shall schedule an election within 30 days and shall post a notice of the election in the work area of the appropriate unit 15 days prior to the election.

(2) The notice shall include:

(a) A description of the appropriate unit;

(b) The name of the employee organization or organizations which are candidates for election;

(c) A list of the employees eligible to vote, the date the election is to be held; and

(d) The procedure to be followed.

(3) Only employees within the appropriate unit shall be eligible to vote in the election. Voting shall be by secret ballot and shall provide an opportunity to vote for any of the candidates on the ballot or for “no representation.” Absentee ballots may be used in connection with representation elections in the form and manner as may be prescribed by the Finance Director/Recorder.

(B) An employee organization shall be certified by the Finance Director/Recorder as the representative of the appropriate unit following an election if the organization has received the vote of a majority of all the employees in the appropriate unit for which the election is held.

(C)

(1) Each party may be represented at the polling place by one observer. Observers may challenge votes. When a voter's eligibility is called into question, the ruling shall be temporarily reserved. The ballot will be marked as “challenged,” together with the reason for the challenge.

(2) The Finance Director/Recorder may also challenge anyone whose name is not on the eligibility list. When all ballots are in, the Finance Director/Recorder shall tally the ballots. The official observers may be present when the tally is made. Unless the challenged ballots are sufficient in number to affect the results of the election, they will not be considered further. If challenged ballots are sufficient in number to affect the results of the election, an investigation shall be made by the City Manager as to the validity of each challenge.

(3) The results of the election shall be certified by the Finance Director/Recorder to the parties.

(D) At least one year shall elapse following an election by which an organization has been certified as the majority representative or by which the employees have chosen “no representation” before a petition for representation and certification may be filed covering substantially the same group of employees. At least three months shall elapse before a petition may be filed if neither “no representation” nor an organization receives a majority vote as required by division (B).

(E) Election costs shall be shared equally by the city and the employee organizations whose names appear on the ballot.
(Ord. 867, passed 5-12-75)

§ 36.19 Duration of Certification

When an employee organization has been certified as the majority representative of an appropriate unit, certification shall remain in effect for one year from the date thereof. After one year the organization is subject to the affirmation procedures provided in § 36.20.
(Ord. 867, passed 5-12-75)

§ 36.20 Affirmation Procedure

(A) A petition, alleging that a certified employee organization is no longer the majority representative of employees in an appropriate unit, may be filed with the Finance Director/Recorder by an individual employee, a group of employees or their representatives, or an employee organization.

(B) The petition may be filed at any time after completion of the certified employee organization's first year of certification; provided, however, the City Council may prescribe additional restrictions on the time of filing a petition during the terms, if any, of approved memorandums of understanding.

(C) The affirmation petition shall be in a form substantially similar to the form prescribed for petitions under the provisions of § 36.17 supported by signatures of at least 50% of the employees represented by the certified employee organization and indicating that they do not desire to be represented by the currently certified employee organization. The affirmation petition may be accompanied by a petition for certification.

(D) If the City Manager determines that petition requirements have been met, the Finance Director/Recorder shall arrange for an election which shall be held in substantial accord with the election provisions of § 36.18 to determine whether the certification of the currently certified organization should be affirmed. The organization shall be decertified if it fails to receive the affirmative vote of a majority of the employees in the appropriate unit currently represented by the organization.

(E) An affirmation election may be held concurrently with a representation election where the City Council considers it appropriate to do so, in which event a combined ballot may be used.
(Ord. 867, passed 5-12-75)

§ 36.21 Impasse Procedure

(A) In the event that the city representative and the employee representative are unable to agree on the terms of a “memorandum of understanding” by February 15 of each year, then the City Council, upon petition of either party, may request mediation services as provided by the state of Oregon's Public Employee Relations Board or by some other mutually agreed upon third party. If both parties agree, mediation services may be waived and the matters in dispute submitted directly to the fact finding process or directly to the City Council for final determination after a hearing on the merits of the dispute.

(B) If both parties waive mediation, or if the City Council fails to request mediation services, or if the impasse procedure in division (A) is not successful by March 1 of each year, a three person fact finding committee shall be formed as follows:

(1) The city representative and the employee representative each shall submit names of three persons within three days.

(2) The city representative shall, within one day, remove one name from the employee representative's list; and then the employee representative shall, within one day, remove one name from the city representative's list. After each party has removed a total of two names in this alternating fashion, the remaining two names shall become members of the fact finding committee, and they shall mutually agree upon a third member who shall serve as chairperson.

(3) If after three days following their selection the two members of the fact finding committee cannot mutually agree upon the third member, they shall obtain a list of three members of the American Arbitration Association who reside in Oregon or another list as is mutually acceptable to the two members. The designate of the city representative shall have two days to remove one name, and the designate of the employee representative shall have one additional day to remove one of the two remaining names. The remaining person shall become the third member and chairperson of the fact finding committee.

(C) If the City Council and both parties agree, one of the following may be substituted in lieu of the fact finding committee:

(1) The mediator may be requested by the City Council to serve as sole fact finder.

(2) The American Arbitration Association may be requested by the City Council to provide fact finding services.

(3) The Public Employee Relations Board may be requested by the City Council to provide the city with a list of seven persons from its list of fact finders. Upon receipt of the list, the city representative shall remove one name, and then the list shall be sent to the employee representative and he shall remove one name. After each party has removed a total of two names in this alternating fashion, the remaining three names shall become the fact finding body.

(D) If both parties agree, fact finding procedures may be waived and the matters in dispute submitted directly to the City Council for final determination after a hearing on the merits of the dispute.

(E) After the fact finder has obtained enough information from the parties in the controversy, he shall then, based on the background he has on the issue and any other additional information, present a written statement of facts and his recommendations for resolving the dispute to the parties involved within 15 days after his selection.

(F) If the parties involved in the dispute are unable to reach agreement within five days of receipt of the fact finder's recommendations, the fact finder shall forward his recommendations to the City Council. The City Council shall conduct a hearing within 15 days from the date of filing the recommendations to allow the city representative or the employee representatives an opportunity to present their positions with respect to the fact finder's recommendations. Upon conclusion of the hearing, the City Council shall make a final determination.

(G) After the City Council makes the decision, the affected parties shall incorporate that decision into the “memorandum of understanding” to be submitted to the City Council for its approval.

(H) Any time limit provided in this section may be extended by mutual agreement of both parties.

(I) The expenses of mediation and fact finding shall be shared equally by the parties. The city shall furnish meeting space when requested for the proceedings.
(Ord. 867, passed 5-12-75)

§ 36.22 Time Off for Employee Representatives

(A) Reasonable time off without loss of pay shall be limited to not more than three employees serving as authorized representatives of certified employee organizations when formally meeting during regular working hours with the city representative on matters within the scope of consultation. Only those employees whose active participation is necessary in the conduct of meetings shall be authorized paid time off.

(B) No employee representative shall leave his duty or work station or assignment for purposes of the employee organization without specific approval of the department head or other authorized city management official. Any meeting on city time is subject to scheduling by the City Manager in a manner consistent with operating needs and working schedules.

(C) Nothing provided herein, however, shall limit or restrict the City Manager from scheduling meetings before or after regular duty or work hours under appropriate circumstances.
(Ord. 867, passed 5-12-75)

§ 36.23 Availability and Use of Data

(A) The city will make available to certified employee organizations nonconfidential information pertaining to employer employee relations as is contained in the public records of the city. The information shall be made available during regular office hours in accordance with applicable city rules and regulations. Information which shall be made available to certified employee organizations includes regularly published date covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries but shall not be made available in form as to disclose the source.

(B) Nothing in this chapter shall be construed as to require disclosure of records that are:

(1) Records pertaining to pending litigation to which the city is a party, or to claims or appeals which have not been settled;

(2) Personnel, medical or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy; and

(3) Working papers or memoranda which are not retained in the ordinary course of business or any records where the public interest served by not making the record available clearly outweighs the public interest served by disclosure of the record.

(C) To facilitate meaningful consultations, the city representative and employee representatives may agree to use certain common sources of information, such as salary surveys of private and public employers. Mutually agreed upon data collected by either party shall be made available to the other. All data used shall conform to the salary policy and other similar policies adopted by the City Council.
(Ord. 867, passed 5-12-75)

§ 36.24 Employee Rights

Employees of the city shall have the right to form, join and participate in the activities of employee organizations of their own choosing pursuant to the provisions of this chapter for the purpose of representation on matters of employee relations other than those excluded herein. City employees also shall have the right to refuse to join or participate in the activities of any employee organization and shall have the right to represent themselves individually in their employment relations with the city. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the city or by any employee organization because of his exercise of these rights.
(Ord. 867, passed 5-12-75)

§ 36.25 City Rights

(A) Responsibility for management of the city and direction of its work force is vested in the City Manager and his department heads. In order to fulfill this responsibility the rights of the city include, but are not limited to, the exclusive right to:

(1) Determine the mission of its constituent departments, commissions and boards;

(2) Set standards of services;

(3) Determine the procedures and standards of selection for employment and promotion;

(4) Direct its employees;

(5) Take disciplinary action;

(6) Relieve its employees from duty because of lack of work or for other legitimate reasons;

(7) Maintain the efficiency of governmental operations;

(8) Determine the methods, means and personnel by which government operations are to be conducted, including the right to contract out for goods and services;

(9) Determine the content of job classifications;

(10) Take all necessary action to carry out its mission in emergencies; and

(11) Exercise complete control and discretion over its organization and the technology of performing its work.

(B) The city retains all rights, powers and privileges not expressly specified in division (A) above and not included in § 36.24.
(Ord. 867, passed 5-12-75)

§ 36.26 Restrictions

(A) Confidential and management employees, as defined and designated pursuant to § 36.03, who choose to remain or to become members of an employee organization, shall not:

(1) Serve as officers of the employee organization;

(2) Serve on any committee of the employee organization which deals with matters within the scope of consultation; or

(3) Serve as a representative of the employee organization before the City Council.

(B) Confidential and management employees shall not:

(1) Be included in any appropriate unit determined pursuant to § 36.17; or

(2) Become a member of or serve as an officer or representative of any certified employee organization.

(Ord. 867, passed 5-12-75)

§ 36.27 Grievances

All grievances shall be processed in accordance with the applicable adopted personnel rules and regulations of the city.
(Ord. 867, passed 5-12-75)

§ 36.28 Construction

(A) It is hereby declared that the subject of city employer employee relations as set forth in this chapter is a matter of local concern, that the provisions herein are adopted pursuant to the authority of the Charter of the city, and that the provisions herein are exclusive and supersede and take precedence over any state statute now or hereafter enacted relating to city employer/employee relations, employee consultation or collective bargaining for city employees.

(B) The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this chapter.
(Ord. 867, passed 5-12-75)

§ 36.40 Conduct of Business

(A) Reasonable time off without loss of pay and access to employee work locations shall be granted officers of employee organizations and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation.

(B) Officers or representatives shall not enter any work location without the consent of the department head. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

(C) Solicitation of membership and activities concerned with the internal management of an employee organization such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during regular city working hours.
(Ord. 867, passed 5-12-75)

§ 36.41 Use of City Facilities

Employee organizations may use, in accordance with established rules applicable to other groups within the community, city facilities during non work hours for meeting of city employees, provided space is available. Requests for use of facilities not available to the public generally shall be in writing, state the purpose or purposes of the meeting and be approved by the City Manager. The city reserves the right to assess reasonable charges for the use of facilities.
(Ord. 867, passed 5-12-75)

§ 36.42 Use of City Bulletin Boards

Employee organizations may use portions of city bulletin boards under the following conditions:

(A) All materials must be dated and must identify the organization. In the event that posted materials, in the opinion of the department head, interfere with the proper functioning of the department, the department head shall bring the matter to the attention of the City Manager. The City Manager may, after discussing the matter with the representative of the employee organization, cause the material to be removed.

(B) The city reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allowed to employee organizations materials.

(C) An employee organization that does not abide by these rules will forfeit its right to have materials posted on city bulletin boards.
(Ord. 867, passed 5-12-75)

§ 36.43 Peaceful Performance of City Services

In order that the vital performance of city services can be maintained, no employee shall strike or recognize a picket line of a labor organization while in the performance of his official duties. The following shall apply:

(A) Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge.

(B) No employee organization, its representatives or members shall engage in a strike or work stoppage of any kind.

(C) If a certified employee organization, its representatives or members engage in a strike or work stoppage of any kind, in addition to any other lawful remedies or disciplinary actions, the City Council may suspend or revoke the recognition or certification granted to employee organizations and prohibit the use of bulletin boards, prohibit the use of city facilities and prohibit access to former work or duty stations by the organization.

(D) As used in this section, STRIKE or WORK STOPPAGE means the concerted failure to report for duty, the wilful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of influencing or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.

(E) The city may petition the appropriate courts for an injunction or other appropriate relief if a strike, work stoppage or recognition of a picket line in violation of this section is occurring or is about to occur. The city may also hire new permanent or temporary employees or transfer other city employees to perform the services and duties of those employees engaged in a strike or work stoppage in violation of this section.
(Ord. 867, passed 5-12-75)

§ 50.01 Short Title

This chapter shall be known as the Solid Waste Management Ordinance and may also be so cited and pleaded and shall be cited herein as “this chapter.”(Ord. 1851, passed 8-8-94)

§ 50.02 Purpose, Policy and Scope

It is declared to be the public policy of the city to regulate solid waste management to:

(A) Ensure safe, economical and comprehensive solid waste service;>

(B) Ensure rates that are just and reasonable and adequate to provide necessary public service;>

(C) Prohibit rate preferences and any other practice that might be discriminatory; and>

(D) Provide for technologically and economically feasible recycling and resource recovery by and through the franchisee.

(Ord. 1851, passed 8-8-94

§ 50.03 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

City. The City of Hermiston. Where the city limits are extended, the City shall include extended geographic boundaries.

Compensation. Includes:

(1) Any type of consideration paid for service including, but not limited to, rent, the proceeds from resource recovery, any direct or indirect provision for the payment of money, goods, services or benefits by tenants, lessees, occupants or similarly situated persons;

(2) The exchange of service between persons; and

(3) The flow of consideration from a person owning, possessing or generating solid waste to another person who provides services or from a person providing services to another person owning, possessing or generating solid waste.

Council.The City Council of the City of Hermiston.

Franchisee. Sanitary Disposal, Inc. to whom a franchise is granted by the City Council pursuant to Ordinance 1851. The franchise shall grant exclusive rights to provide service and solid waste management service for compensation.

Gross Receipts. All revenue received from providing solid waste management service under this chapter.

Person. Any individual, public or private corporation, industry, co-partnership, association, cooperative, firm, trust, estate or any other legal entity whatsoever.

Recyclable Materials. Any material or group of materials that can be collected and sold for recycling at a net cost equal to or less than the cost of collection and disposal of the same material.

Resource Recovery. The process of obtaining useful material or energy resources from solid waste, including energy recovery, material recovery, recycling and reuse of solid waste.

Service. The collection, transportation, storage, transfer, disposal of or the resource recovery from solid waste.

Solid Waste. All putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, refuse, ashes, waste paper, cardboard, grass clippings, compost, tires, equipment and furniture; sewage sludge, septic tank and cesspool pumpings or other sludge; commercial, industrial, demolition and construction wastes, discarded or abandoned vehicles or parts thereof; discarded home or industrial appliances; manure, vegetable or animal solid and semi-solid wastes, dead animals, infectious waste as defined in ORS 459.005, and other wastes; but the term does not include:

(1) Hazardous waste as defined in ORS 466.005.

(2) Materials used for fertilizer or for other productive purposes or which are salvageable as the materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowls or animals.

(3) Beverage containers, subject to reuse or refund provisions, contained in ORS 459A.700 through 459A.740.

Solid Waste Management. The prevention or reduction of solid waste; management of the storage, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste; and facilities necessary or convenient to the activities.

Waste. Material that is no longer usable or wanted by the source of the material, which material is to be utilized or disposed of by another person. For the purpose of this paragraph, “utilized” means the productive use of wastes through recycling, reuse, salvage, resource recovery, energy recovery or landfilling for reclamation, habilitation or rehabilitation of land.

(Ord. 1851, passed 8-8-94)

§ 50.15 Activities and Practices Regulated

A) Except as otherwise provided in this chapter, it shall be unlawful for any person other than the franchise holder under the provisions of §50.30 below to provide solid waste management service in the city for compensation.

(B) Nothing in this franchise shall:

(1) Prohibit a federal or state agency that collects, stores, transports or disposes of waste, solid waste or recyclable materials, or those who contract with the agencies to perform the service, but only insofar as the service is performed by or for the federal or state agency;

(2) Prohibit any person in the city from hauling his own waste, solid waste or recyclable materials in a lawful manner; provided, however, that no person will be permitted to haul the waste, solid waste or recyclable material for any other person or firm;

(3) Prohibit a generator of source separated recyclable material from selling or exchanging material to any person for fair market value for recycling or reuse;

(4) Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings or cesspool pumpings;

(5) Prohibit any person licensed as a motor vehicle wrecker from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts;

(6) Prohibit any person transporting solid waste through the city that is not collected within the city;

(7) Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction or remodeling of a building or structure or in connection with land clearing and development.The waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees;

(8) Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in the business or activity and not engaged in the regular business of collection of putrescible solid waste;

(9) Prohibit a non-profit charitable, benevolent or civic organization from collecting recyclable materials provided that the collection is not a regular or periodic business of the organization.The organizations shall comply with all applicable provisions of this chapter;

(10) Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carrying on of the business of janitorial service, gardening or landscaping service, or rendering.(These sources do not include the collection, transportation or disposal of accumulated or stored wastes generated or produced by other persons.); and

(11) Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 466; provided, however, that franchisee may engage in a separate business of handling the wastes separate and apart from this franchise and chapter.

(Ord. 1851, passed 8-8-94)Penalty, see § 50.99

§ 50.16 Practices Prohibited Without a Franchise

Unless exempted by §50.15 or franchised pursuant to this chapter, no person shall:

(A) Solicit for service customers;

(B) Advertise the providing of service; or

(C)Transport solid waste other than his own.

(Ord. 1851, passed 8-8-94 Penalty, see § 50.99)

§ 50.17 Public Responsibility as to Waste Disposal and Containers

In addition to and not in lieu of compliance with ORS Chapter 459 and other applicable laws and regulations:

(A) Customers shall take appropriate actions to ensure that hazardous materials, chemicals, paint, corrosive materials, infectious waste or hot ashes are not put into a can, cart, container or drop box.When materials or customer abuse, fire or vandalism causes excessive wear or damage to a cart, container or drop box, the cost of repair or replacement may be charged to the customer.

(B) No unauthorized person shall place materials in or remove materials from a solid waste collection container without permission of the owner of the container.For the purpose of this section, the franchisee is the “owner” of containers supplied by franchisee.Persons to whom the franchisee supplies containers shall be authorized persons within the meaning of this section.

(C) No unauthorized person shall remove solid waste placed out for collection and resource recovery.

(D) Unless permitted by the franchisee, no person shall install or use any container over 32 gallons in capacity for pickup by franchisee other than those supplied by franchisee.The purpose of this division is to insure safe equipment, sizes and weights, and facilitate franchisee utilizing the most efficient collection equipment and methods.

(E) The franchisee is not required to service an underground container unless the person responsible for it places the container above ground prior to the time for collection.

(F) Each customer shall provide safe access to the solid waste container or wastes without risk or hazard to franchisee's employees, the public or franchisee.

(G) No container designed for mechanical pickup shall exceed safe loading weights or volumes as established by the franchisee to protect service workers, the customer, the public and the collection equipment.

(H) No container designed for manual pickup shall exceed 32 gallons in size or 60 pounds in weight when loaded and 18 pounds when empty. The containers shall be made of metal or be solid, fireproof, rodent proof and not be subject to cracking or splitting, and have proper handholds and bails. Containers must be kept in good condition by customer.

(I) Customers using mechanically emptied containers furnished by franchisee shall provide a smooth, level, hard-surfaced area approved by the franchisee for the container.

(J) Unless special service or service equipment is provided by the franchisee for handling unconfined waste, materials such as rubbish and refuse, brush, leaves, tree cuttings and other debris for manual pickup and collection shall be in securely tied bundles or in boxes, sacks or other receptacles, and solid waste so bundled, tied or contained shall not exceed 60 pounds in weight.

(K) Where a customer requires an unusual volume of service or a special type of container requiring substantial investment in equipment, the franchisee may require a contract with the customer as necessary to finance and assure amortization of the equipment.The purpose of this provision is to assure that the equipment does not become a charge against other rate payers who are not benefitted. In no event shall the contract be in effect longer than this chapter.

(L) Stationary compacting devices for solid wastes shall comply with federal and state safety standards and provide adequate protection to the user and franchisee.

(M) Any vehicle used by a person to transport solid waste shall be so loaded and operated as to prevent the wastes from dropping, sifting, leaking, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent.

(N) No person shall block access to any container or drop box or roll off box supplied by franchisee.

(O) Every person who generates or produces solid waste shall have removed all putrescible solid waste at least every seven days.More frequent removal may be required where a facility or service involves the public health.All solid waste shall be removed in sufficient frequency as to prevent health hazards or pollution.

(P) All putrescible materials shall be stored in manually emptied containers supplied by the generator or producer or in mechanically emptied containers or drop boxes supplied by the franchisee.When manually or mechanically emptied containers are used, they shall be covered except during loading and emptying.When drop boxes are used, all putrescible materials shall be placed in plastic bags and tied.

(Q) The producer or generator of solid waste shall clean containers and shall keep the area around the container free of accumulated solid waste or wastes. The franchisee shall provide maintenance as required to containers supplied by franchisee.For containers supplied by customer, plastic liners are recommended but not required.

(R) Approved disposal methods shall be as follows:

(1) No person shall burn, dump, bury, collect, remove or in any other manner dispose of solid waste upon any street, alley, public place or private property within the city except as provided in this chapter.

(2) Wastepaper, boxes, rubbish and debris, brush, leaves, grass, wood and cuttings from trees, lawns, shrubs and gardens (but excepting paper, cardboard or wood containers in commercial quantities) may be burned on private property only if the method of burning is approved by the city and is done in accordance with Oregon Department of Environmental Quality rules and regulations.

(S) All putrescible solid waste must be drained of excess liquids and wrapped.

(T) Ashes will be taken only if placed in a plastic bag and tied.

(Ord. 1851, passed 8-8-94)Penalty, see § 50.99

§ 50.18 Ownership of Recyclable Materials

All recyclable materials located, placed or deposited in a container, drop box or receptacle intended to be collected by the franchisee shall belong to the franchisee.It shall be unlawful for any person other than the franchisee to remove recyclable material from the receptacles, and any person removing materials in violation of this section shall be guilty of a misdemeanor and subject to the penalties defined in § 50.99.

(Ord. 1851, passed 8-8-94) Penalty, see § 50.99

§ 50.30 Grant of Franchise and Term of Franchise

There is hereby granted to Sanitary Disposal, Inc., an Oregon corporation, the exclusive right, franchise and privilege of using the streets of the city to provide solid waste management service for commercial, industrial and residential establishments within the city. The rights, privileges and franchise herein granted shall begin on August 9, 1994, and shall be considered as a continuing five-year franchise. That is, beginning January 1 of each year, the franchise will be considered renewed for an additional five-year term, unless at least 30 days prior to January 1 of any year either party shall notify the other party in writing of intent to terminate further renewals of the franchise. Upon the giving of notice of termination, the franchisee shall have a franchise which will terminate five years from the date of the notice of termination of renewals. The Council may later extend the term or reinstate continuing renewals upon mutual agreement with the franchisee. Nothing in this section restricts the Council from suspending, modifying or revoking the franchise for cause pursuant to §50.32 of this chapter. The franchise may be transferred only upon approval of the City Council. The sale of shares, merger, consolidation, reorganization or restructuring in which the current shareholders are no longer the principal owners and managers shall be treated as a transfer of interest requiring approval.

(Ord. 1851, passed 8-8-94)

§ 50.31 Responsibility of Franchisee

(A) The franchisee shall provide collection service to any resident of the city as long as the resident pays for the service.

(B) The franchisee shall make available solid waste management service as defined in §50.01 of this chapter to customers in the city not less than once per week.

(C) The franchisee shall use proper and suitable equipment for the hauling, removal and transportation of solid waste. All equipment for transporting solid waste on public roadways within the city shall be covered, and all equipment for handling the waste material shall be equipped with a metal body, water tight and drip proof to the greatest extent practicable. All equipment shall be kept clean at all times, and sufficient equipment shall be kept on hand to properly and adequately remove all solid waste, subject to the terms of this chapter.

(D) Lids shall be replaced on all receptacles by the collector after emptying the receptacle.

(E) The franchisee shall use a disposal facility site that is approved by the Department of Environmental Quality (DEQ) and the city.

(F) The franchisee shall, without charge to the city, pick up, carry away and dispose of any and all waste materials placed by the city in suitable containers which hold solid waste generated by the city. It is understood, however, that the franchisee may impose reasonable charges to the city for extraordinary disposal activities such as the removal of demolition materials.

(G) The franchisee may subcontract with others to provide a portion of the service where the franchisee does not have the necessary equipment or service capability. A subcontract shall not relieve the franchisee of total responsibility for providing and maintaining service and from compliance with this chapter. Franchisee shall provide written notice to the city of its intention to subcontract any portion of the service and receive city approval prior to entering into an agreement. The subcontractor shall comply with all provisions of this chapter.

(H) The franchisee, in conjunction with the city, shall develop and implement an “opportunity to recycle” program that meets the mandated state recycling program requirements.

(I) The franchisee shall permit inspection by the city of the franchisee's facilities, equipment and personnel at reasonable times. The franchisee shall keep proper books and records covering his solid waste collection, removal, disposal and recycling operations, which books and records shall be open to inspection by the city at reasonable times.

(J) The franchisee shall comply with all laws relating to solid waste management service.

(K) The franchisee shall submit a certificate of public liability insurance with a 30 day notice of cancellation clause, acceptable to the city, which will cover its business operation including each vehicle operated by the franchisee. The insurance coverage shall be in amounts not less than the minimum requirements of the Oregon Tort Claims Act as now enacted or hereafter amended. The insurance shall indemnify and save the city against liability or damage which may arise or occur from an injury to persons or property as a result of the franchisee's operation of the solid waste business. The city shall be named as an additional insured.

(L) The franchise granted under this chapter shall be conditioned upon the franchisee indemnifying and saving the city against any liability or damage which may arise or occur to the city of from any injury to persons or property as a result of the franchise holder's operations under this chapter.

(M) The franchisee shall provide a performance bond in the amount of $5,000, with a surety licensed to do business in the state of Oregon, conditioned upon the full and faithful performance of this agreement and franchise and this chapter. In the event that the Council finds that the franchisee has adequate experience and otherwise meets the requirements to guarantee service, it may waive, by resolution, all or part of the bond requirements.

(Ord. 1851, passed 8-8-94) Penalty, see § 50.99

§ 50.32 Suspension, Modification or Revocation of Franchise

(A) Failure to provide necessary service or otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply shall be grounds for modification, suspension or revocation of the franchise.

(B) After written notice from the Council that the grounds exist, the franchisee shall have 20 days from the date of mailing of the notice in which to comply or request a public hearing before the Council.

(C) At the public hearing, the franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the Council.

(D) If the franchisee fails to comply within the time specified or if the Council hearing is held, with the order of the Council entered upon the basis of findings at the public hearing, the Council may suspend, modify or revoke the franchise or make the action contingent upon continued noncompliance.

(Ord. 1851, passed 8-8-94)

§ 50.33 Interruption of Franchisee's Service

The franchisee agrees, as a condition of this franchise, that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of 24 hours actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of the franchisee to provide emergency service. If a public hearing is requested by the franchisee, it may be held immediately by the City Council after compliance with the minimum notice requirements for the meetings established by the Oregon Public Meetings Law. The City Council shall return any seized property and business upon abatement of the actual or threatened interruption of service and after payment to the city for any net cost incurred in the operation of the solid waste service.

(Ord. 1851, passed 8-8-94)

§ 50.34 Termination of Service by Franchisee

The franchisee shall not terminate service to all or a portion of the customers unless:

(A) The street or road access is blocked, and there is no alternate route and provided that the franchisee shall restore service not later than 24 hours after street or road access is opened;

(B) As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or termination is caused by accidents or casualties caused by an act of God, a public enemy or a vandal, or road access is blocked;

(C) A customer has not paid for provided service after a regular billing and after a written notice to the customer, which notice shall be sent not less than 15 days after the first regular billing;

(D) Ninety days written notice is given to the City Council and to affected customers, and written approval is obtained from the City Council; or

(E) The customer does not comply with the service standards of §50.17 of this chapter.

(Ord. 1851, passed 8-8-94)

§ 50.35 Binding Arbitration

In the event that an irreconcilable difference arises between the city and franchisee on their respective duties and responsibilities under the franchise or ordinance, an arbitration board shall be chosen, consisting of three persons, one chosen by the city, one by the franchisee and one chosen by the two appointed arbiters who must be approved by both the city and the franchisee. The arbiters shall choose a time, date and place within 30 days of appointment of the last arbiter, to hear both sides of the dispute and promptly render a decision that is binding on both the city and the franchisee. Where good cause is shown and recorded in the minutes, the time for decision may be extended as absolutely necessary. Procedure chosen may be that of the American Arbitration Association or that specified in ORS Chapter 36 for court supervised arbitration. Costs shall be split equally between the city and franchisee unless the arbitrators make an award of costs including, without limitation, arbiters' time.

(Ord. 1851, passed 8-8-94)

§ 50.36 Amendments

The city or the franchisee may propose amendments to this franchise. Proposed amendments shall be in writing and shall be delivered to the city and the franchisee. The City Council shall hold a public hearing on the proposed amendments. Franchisee shall be given at least 30 days written notice of the hearing. The City Council may, after public hearing, adopt the amendments. The franchise shall be amended upon acceptance of the amendments by franchisee.

(Ord. 1851, passed 8-8-94)

§ 50.50 Rates

Any person who receives solid waste management service from the franchisee shall be responsible for payment of service. The rates to be charged to all persons by the franchisee shall be reasonable and uniform, taking into consideration the cost of performing the service rendered by the franchisee, the anticipated increase in the cost of providing this service, the necessity that the franchisee have a reasonable operating margin, and rates and fees charged in other and similar municipalities.The rates may be changed by resolution during the term of the franchise if approved by the City Council.The rates shall be on file at the Finance Director/Recorder's office for public inspection.

(Ord. 1851, passed 8-8-94)

§ 50.51 Billing, Collection and Franchise Fee

The city shall do the billing and collecting of solid waste service fees and shall retain 13% of the gross collections in payment of 2% franchise fee and 11% for billing and collection service, and pay the balance to Sanitary Disposal, Inc.The percentage shall be reviewed and may be changed by resolution of Council at any time when the franchisee submits a request for rate review.

(Ord. 1851, passed 8-8-94; Am. Ord. 1924, passed 2-10-97)

§ 50.99 Penalty

Any person violating any of the provisions of this chapter penalized as provided in §10.99 commits a Class A violation.Franchise holders shall be subject to the penalties provided herein for the violation of the provisions of this chapter.

(Ord. 1851, passed 8-8-94; Am. Ord. 1976, passed 10-26-98)

§ 51.001 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other terms contained in this chapter shall have the definitions attributed in the city's general ordinances. Terms for land, parcels, rights-of-way shall be further defined as necessary by the Oregon Revised Statutes.

• BOD (Biochemical Oxygen Demand). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
• Building Drain. That part of the lowest horizontal piping of a drainage system which received the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewers, beginning five feet (1.5 meters) outside the inner face of the building walls.
• Building Sewer. The extension from the building drain to the public sewer or other place of disposal.
• Change in Use. Changes defined in development, and shall include conversion from residential to any other use including multifamily uses, and shall include an increase or change in the sewage strength, pH, character, or potential discharge of hazardous substances.
• City. The city of Hermiston, Oregon, and shall consist of the City Manager or his designated representative unless specifically referred to the City Council in this chapter.
• Collection System. The system of public sewers to be operated by the city designed for the collection of sanitary sewage.
• Combined Sewer. A sewer receiving both surface runoff and sewage.
• Commercial Independent Discharge. Any business or industry which possesses an independent licensed and permitted wastewater discharge system. Any classification must maintain independent facilities with approval of appropriate regulatory agencies and provide discharge of domestic waste to the public treatment works.
• Commercial User. Any premises used for commercial or business purposes which is not an industry as defined in this chapter.
• Development. The conversion or change in character of occupancy or use of a building which would place the structure in a different building group as defined in the Uniform Building Code; the erection of a new structure; the demolishing of existing buildings for the conversion of property to a differing use; the creation of gasoline pumps, drive-up windows, traffic islands or similar alterations which channelize, alter or increase the traffic volume or pattern on adjacent roadways. Development, for purposes of this chapter, shall not mean interior remodeling, repairs, maintenance of improvements, to any existing structure which does not increase the volume of the structure. Specifically exempted under this chapter are building facades, roof or exterior wall repair or replacement, heating, ventilating or electrical alterations, or activities similar in character.
• Development Site. An area consisting of a parcel or tract of land specifically identified by a person, as the land to be altered or developed. All required area to meet parking standards and similar requirements for a particular development shall be included in the term; however, the total property ownership of the proponent will not be considered in the site if it is not necessary to the development.
• Domestic Waste. Any wastewater emanating from dwellings or from domestic activities which are performed outside the home in lieu of a home activity directly by or for private citizens.
• Dwelling Unit. Any housing unit with sanitary and kitchen facilities designed to accommodate one or more residents, multiple housing units, mobile homes and trailer spaces, but excluding commercial or transient housing units such as hotel and motel units and retirement homes with ten or more units under one roof, containing therein a dining room facility regularly open a minimum of six days per week and designed for the use of the residents and their guests. Independent laundry facilities serving multi-family, mobile homes and trailer units shall be considered a dwelling unit for billing purposes.
• Fee in Lieu of Assessment. A charge payable upon the connection to the sewage works or the development of property.
• Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.
• Industrial User.

(1) Any non-governmental, non-residential user of a publicly owned treatment works which discharges more than the equivalent of 25,000 gallons per day (gpd) of sanitary wastes and which is identified in the Standard Industrial Classification Manual, 1971, Office of Management and Budget, as amended and supplemented under one of the following divisions:

(a) Agriculture, Forestry and Fishing;
(b) Mining;
(c) Manufacturing;
(d) Transportation, communications, electric, gas and sanitary services; and
(e) Services.

(2) In determining the amount of a user's discharge for purposes of industrial cost recovery, the grantee may exclude domestic wastes or discharges from sanitary conveniences.

• Industrial Waste. That portion of the wastewater emanating from an industrial user which is not domestic waste or waste from sanitary conveniences.
• May is permissive.
• Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.
• Operation and Maintenance. All activities, goods and services which are necessary to maintain the proper capacity and performance of the treatment works for which the works were designed and constructed. The term Operation and Maintenanceshall include replacement as defined hereinafter.
• Person. Any individual, firm, company, association, society, corporation or group.
• pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
• Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than a half-inch (1.27 centimeters) in any dimension.
• Public Sewer. A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.
• Public Treatment Works. A treatment works owned and operated by a public authority.
• Replacement. Acquisition and installation of equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
• Sanitary Sewer. A sewer which carries sewage and to which storm, surface and groundwater are not intentionally admitted.
• Service Area. All the area served by the treatment works and for which there is one uniform user charge system.
• Sewage. A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with the ground, surface and storm waters as may be present.
• Sewage Treatment Plant. An arrangement of devices and structures used for treating sewage.
• Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage.
• Sewer. A pipe or conduit for carrying sewage.
• Shall is mandatory.
• Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
• Storm Drain or Storm Sewer. A sewer which carries storm and surface, waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.
• Suspended Solids. Solids that either float on the surface or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.
• User. The person who is responsible for the payment of the sewer system charges.
• User Charge. The periodic charges levied on all users of the public treatment works and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance.
• Watercourse. A channel in which a flow of water occurs, either continuously or intermittently.

(Ord. 1737, passed 6-24-91)

§ 51.002 Depositing Objectionable Wastes

(A) It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.

(B) It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this subchapter.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.003 Privy Vaults and the Like; Connection to Public Sewer Required

(A) 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.

(B) The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the city and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer in the city are hereby required at their expense to install suitable toilet facilities therein, and to connect the facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so, provided that the public sewer is within 300 feet of the property line.

(C) Should sewage be discharging to natural outlets, the ground surface, or into domestic water supplies, connection may be required within five working days of notification to connect. The required connections shall pay all fees and charges contained herein.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.004 Private Sewage Disposal

(A) Where a public sanitary sewer is not within 300 feet, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the applicable regulatory agencies.

(B) Upon connection to a public sewer disposal system shall clean, abandon, and eliminate the private sewage system in accordance with applicable regulations.

(C) The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the city.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.005 Tampering with Sewer Service Equipment

No unauthorized 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 sewage works. Any person violating this provision shall be subject to immediate arrest under charge of criminal mischief.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.006 Sewer Main Construction

(A) The wastewater utility may cause the provision of wastewater service terminated when necessary for repair, connection, extension and other times as shall be necessary to maintain and extend the utility.

(B) The minimum size of wastewater mains required to serve any part of the city shall be eight inches. Any developer or subdivider shall install the necessary wastewater system and all appurtenant work at its sole expense. Should a development require wastewater mains in excess of eight inches, the City Manager, or his/her designee, will make the final decision on the size of the mains to be installed by the developer or subdivider. The actual size of public sewers required for subdivision or development shall be determined by the city administration based on design flows for maximum consumption. If the City Manager or his/her designee requires the developer to install wastewater lines in excess of eight inches in order to provide for future wastewater capacity, the City Manager, or his/her designee, may negotiate a reimbursement agreement with the developer or subdivider for the balance between the developer's or subdivider's actual cost for materials of eight inch wastewater mains and the size required by the city, subject to budget fund availability. Only the cost for increases in materials is reimbursable.

(C) All public sewers required to serve a subdivision or development shall be installed by the individual initiating development or subdivision. Detailed plans and specifications in accordance with standards promulgated by the city shall be formally approved by the city and no construction shall commence until approval is granted in writing and a preconstruction conference is held with the individual, and contractors involved in construction, and the city.

(D) All public sewer extensions shall be made to the farthest point of land upon which a development or subdivision is to occupy so far as it is technically and geographically feasible.

(E) When any person constructs a public sewer through undeveloped or underdeveloped areas to serve his property or constructs on the perimeter of his property, the entire cost of the public sewers shall be paid by the person. The person may request an agreement with the city for reimbursement when service connections are made to the main. Agreements shall provide for a construction charge per front foot and, if so collected by the city, shall be paid to the original installer as provided in the reimbursement agreement.

(F) An individual's right to reimbursement through agreements shall not exceed ten years from the date of the completion of construction of the covered improvements. All payments to the original installer shall ease at the expiration of the agreement. A construction charge as provided herein may be collected by the city subsequent to the expiration of the agreement. Any fees so charged shall be credited to the utility fund exclusively for the improvement of production or distribution facilities of the city. This section shall not affect those agreements in place at the time of adoption of this chapter.

(G) The city may construct any public sewer necessary for the utility system. Upon construction, the city may, by resolution, establish the reimbursement fees for any sewer works constructed. Any fee will be collected upon connection to the system in accordance with this chapter.

(H) All public sewers shall be dedicated to the city upon formal acceptance by the city administration on behalf of the city. In no case shall any public sewer connected to the city system be held in any ownership other than that of the city. The installer of the public sewers shall guarantee the installation for one year from and after the date of acceptance by the city.

(Ord. 1737, passed 6-24-91; Am. Ord. 2028, passed 12-11-00)

§ 51.110 Powers and Authority of Inspectors

(A) The city administration or other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. The city administration 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 of waterways or facilities for waste treatment.

(B) While performing the necessary work on private properties, as defined in this chapter the city administration 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 may be caused by negligence or failure of the company to maintain safe conditions.

(C) The city administration or 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 the easement. All entry and subsequent work, if any, on the easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

(Ord. 1737, passed 6-24-91) Penalty, see §51.999

§ 51.111 Notice of Violation

Any person found to be violating any provision of this chapter, except provisions on protection from damage, and except for the provisions of §§51.090 through 51.097, shall be served by the city with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.

(Ord. 1737, passed 6-24-91)

§ 51.112 Liability for Damage

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of the violation.

(Ord. 1737, passed 6-24-91)

§ 51.113 Discontinuance of Service for Violation

The city may discontinue service for failure to observe all terms of this chapter. Any costs incurred for discontinuation will be paid by the user in accord with this chapter.

(Ord. 1737, passed 6-24-91)

§ 51.999 Penalty

(A) Any person who shall continue any violation of the provisions of §§51.002 through 51.076 beyond the time limit provided in §51.111 commits a Class A violation. Each day in which any violation shall continue shall be deemed a separate offense. (Ord. 1737, passed 6-24-91; Am. Ord. 1976, passed 10-26-98)

(B) Any user which is found to have violated any provision of §§51.090 through 51.097, permits and orders issued thereunder, or any other pretreatment requirement commits a Class A violation shall be fined in an amount designated by the city, if not specified, up to $1,000 may be assessed per violation. Fines shall be assessed on a per violation, per day basis. Fines assessed may take into consideration, the magnitude of the violation and the willingness of the industrial user to return to compliance. In the case of monthly or other long-term average discharge limits, fines may be assessed for each business day during the period of violation.

(1) Assessments may be added to the user's next scheduled sewer service charge and the city shall have other collection remedies as may be available for other service charge fees.

(2) Unpaid charges, fines, and penalties together with interest therefrom shall constitute a lien against the individual user's property, and may constitute cause for revocation of the industrial user's discharge permit. If an industrial user fails to file a timely and complete request to review enforcement action, the user shall be deemed to have consented to pay the fine assessed and to comply with all other terms of the enforcement action.

(C) Any industrial user which has violated or continues to violate §§51.090 through 51.097, any order or permit thereunder, or any other pretreatment requirement shall be liable to the city for a maximum civil penalty allowed under the laws of the state, but not less than $ 1,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each business day during the period of this violation.

(1) The city may recover reasonable attorney's fees, court costs, and other expense associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(2) In determining the amount of civil liability, the court shall take into account relevant circumstances, including, but not limited to, the extent of harm caused by the violation, co-effective actions by the industrial user, the compliance history of the user and any other factors as justice requires.

(3) Where appropriate, the city may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service to the city and the industrial user's expense in undertaking the project is at least 150% of the civil penalty.

(D) Any industrial user who willfully or negligently violates any provisions of §§51.090 through 51.097, any orders or permits issued thereunder, or any other pretreatment requirement shall, upon conviction, be sentenced to a specific fine violation not to exceed $1,000.

(1) Any industrial user who knowingly makes any false statement, representations, or certification in any application, record report, plan, or other documentation filed or required to be maintained pursuant to §§51.090 through 51.097 or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurately any monitoring device or method required under this subchapter shall, upon conviction, be sentenced to a specific fine violation not to exceed $1,000.

(2) In the event of a second conviction, the user shall be punishable by a specific fine not to exceed $3,000 per violation per day.

(Ord. 1941, passed 11-24-97; Am. Ord. 1976, passed 10-26-98)

§ 51.020 Unpolluted Discharges

(A) No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

(B) Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the city administration. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city and applicable regulatory agencies to a storm sewer, combined sewer or natural outlet.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.021 Prohibited Discharges

No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(A) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

(B) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanide in excess of two mg/l or CN in the wastes as discharged to the public sewer;

(C) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works; or

(D) Solid or viscous substances in quantities or of the size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works, such as but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch manure, hair and fleshing, entrails, and paper dishes, cups, milk containers, etc.; either whole or ground by garbage grinders.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.022 Restricted Substances and Wastes

No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely in the opinion of the city administration that the wastes can harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming opinion as to the acceptability of these wastes, the city administration will give consideration to the factors as to quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(A) Any liquid or vapor having a temperature higher than 150°F (65°C).

(B) Any water or waste containing fats, gas, grease or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32 and 150°F (0 and 65°C)

(C) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the city administration.

(D) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not.

(E) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to the degree that any material received in the composite sewage at the sewage treatment works exceed the limits established by the city administration for the materials.

(F) Any waters or wastes containing phenols or other taste or odor-producing substances in concentrations exceeding limits which may be established by the city administration as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction of the discharge to the receiving waters.

(G) Any radioactive wastes or isotopes of the half?life or concentration as may exceed limits established by the city administration compliance with applicable state or federal regulations.

(H) Any waters or wastes having a pH in excess of 9.5.

(I) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as but not limited to fullers earth, lime slurries and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate).

(2) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(J) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.023 Actions Available to City Administration

(A) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in §51.022 of this chapter, and which in the judgment of the city administration may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the city administration may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of §51.076 of this chapter.

(B) If the city administration permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the city administration and subject to the requirements of all applicable codes, ordinances and laws.

(Ord. 1737, passed 6-24-91)

§ 51.024 Grease, Oil and Sand Interceptors

(A) A grease interceptor shall be installed on all building sewers for all commercial and multiple dwelling unit users. Any conversion to commercial or multiple dwelling use shall be required to install a grease interceptor. The requirement for a grease interceptor may be waived by the city administration when a written request is filed indicating all of the following:

(1) The waste stream from the commercial establishment meets the terms of domestic waste defined in this chapter; and

(2) No kitchen facilities for public service, or service to more than ten residents or dwelling units as defined herein.

(B) Oil and sand interceptors shall be required when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administration and shall be located as to be readily and easily accessible for cleaning and inspection. The city administration shall make the final determination of the requirements.

(Ord. 1737, passed 6-24-91)

§ 51.025 Preliminary Treatment Facilities to be Maintained by Owner

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

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.026 Control Manholes

When required by the city administration, the user of the sewage system from any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. The manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the administration. The manhole shall be installed by the user at the user's expense and shall be maintained by the user so as to be safe and accessible at all times.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.027 Measurements, Tests and Analyses

(A) All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health association and shall be determined at the control manhole provided or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards or unacceptable constituents.

(B) The particular analysis involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

(Ord. 1737, passed 6-24-91)

§ 51.028 Special Agreements

No statement contained in this sub-chapter 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 therefore, by the industrial concern.

(Ord. 1737, passed 6-24-91)

§ 51.040 Permit Required; Application

(A) 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 all required permits and paying all applicable fees.

(B) Any person developing property or seeking to connect to the sewage works, shall submit an application on the prescribed form, including all required information. A fee prescribed by resolution of the Council for classes of connection, inspection, construction reimbursement charges, fees in lieu of assessment, or similar required payments shall be made at the time of application. Persons developing or connecting property previously connected to the public treatment works without change in use, shall not be subject to the fees provided herein. Change in use shall be as defined in §51.001 of this chapter.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.041 Fees

(A) Fees established for any person developing or connecting to a public sewer shall include:

(1) Connection and inspection fee. The direct charge levied by the city for the connection to the sewage treatment works. Fees, classifications, and amounts shall be established by resolution of the City Council.

(2) Construction reimbursement. A direct fee established by resolution to reimburse the construction cost of a public sewer as provided in this chapter.

(3) Fee in lieu of assessment. A fee required for persons connecting or developing adjacent to a public sewer which was constructed at the expense of the utility rate payers and for which the benefiting property was not assessed at the time of installation, and are not subject to construction reimbursement as provided herein. No fee in lieu of assessment shall be levied in addition to a construction reimbursement fee.

(B) Fee in lieu of assessment and construction reimbursement paid in accordance with the following:

(1) Where developing properties have multiple frontages, the fee shall be charged to the longest available frontage, regardless of possible point of connection. The records of the city shall reflect the charge.

(2) Where private contractors have installed facilities at their own cost, the fees shall be paid to the city for payment to the private contractor as established by the terms of a reimbursement agreement, otherwise the fee shall be paid to the city or deposit in the utility fund.

(3) The city may require new facilities to be constructed to serve developing properties. Actual cost of construction for the new public sewer will be utilized as an offset to or actual waiving of construction reimbursement or fees in lieu of assessment based upon the actual construction cost of public sewer required. No construction offset for fees may be transferred to any other person or property. Any balance of construction reimbursement or payment in lieu of assessment fees due after allowing for construction offset, shall be paid by the person developing or connecting.

(Ord. 1737, passed 6-24-91)

§ 51.042 Costs and Expenses to be Borne by Owner

All costs and expense incident to the installation and connection of the building sewer shall be borne by the person causing the connection. The person causing the connection shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

(Ord. 1737, passed 6-24-91)

§ 51.043 Separate Building Sewer for each Building: Old Building Sewers

(A) A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

(B) Old building sewers may be used in connection with new buildings only when they are found on examination and test, by the city administration, to meet all requirements of this chapter.

(Ord. 1737, passed 6-24-91)

§ 51.044 Specifications

(A) The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to other applicable rules and regulations of the city.

(B) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. Building sewer connections shall be allowed into a manhole, a line fitting specifically designed for building sewers, or with a tapping saddle approved by the city administration.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.045 Elevation of Sewer

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by the building drain shall be lifted by an approved means and discharged to the building sewer.

(Ord. 1737, passed 6-24-91)

§ 51.046 Connection of Surface Runoff or Groundwater

No person shall make connection of roof downspouts, exterior foundation drains, area way drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.047 Inspection

The applicant for the building sewer permit shall notify the city administration when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city.

(Ord. 1737, passed 6-24-91)

§ 51.048 Excavations

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city, and any other permits required by the general ordinances of the city.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.060 Users Charges System

User charges shall be levied on all users of the public treatment works which shall cover the cost of operation and maintenance, debt service and other administrative costs of treatment works. The user charge system shall distribute these costs in proportion to each user's contribution to the wastewater loading of the treatment works.

(Ord. 1737, passed 6-24-91)

§ 51.061 Wastewater Characteristics

Since the only wastewater characteristic which influences costs of operation and maintenance in the Hermiston Treatment Works is volume, a flow charge shall be established so that all costs associated with this treatment works shall be distributed in proportion to each user's volumetric contribution to the waste stream.

(Ord. 1737, passed 6-24-91)

§ 51.062 Classification of Users: Non-Metered Users

(A) Classification of users. Certain users shall be grouped into classes of users discharging approximately the same volume of wastewater and shall be levied a flat charge which is calculated from the flow charge by applying the average volume for that class.

(B) Non-metered users. Those users who are not in one of the user classes with assigned average flow volumes and whose water consumption or wastewater discharge is not metered shall be assigned an approximate wastewater and shall be billed on the flow charge according to this assigned volume.

(C) Appeal. Should any user believe that he has been incorrectly assigned to a particular user class or should any user believe that a portion of his metered flow is not discharged into the sewerage system, that user may apply for review of his user charge as provided in this chapter.

(D) Reassignment of a user. Should the city determine that a user is incorrectly assigned to a user class, they shall reassign a more appropriate user class to that user and shall notify that user of the reassignment.

(Ord. 1737, passed 6-24-91)

§ 51.063 Records

Records of all assigned rates and any assigned wastewater volumes to user and user classes shall be kept on file with the city and shall be open for public inspection.

(Ord. 1737, passed 6-24-91)

§ 51.064 [Reserved]

§ 51.065 Establishment of User Charges

The sewer user charges are hereby established as follows:

(A) Sewer user service charges established. The City Council shall establish the charges by resolution. The charges, except as hereinafter set forth, are established for all dwelling units and motel units at a uniform rate and all property other than the above-described dwelling units and motel units shall be based upon the quantity of water reaching the premises from the city water system, private water system or from private sources of supply, including water from the ground of the premises or elsewhere.

(B) Dwelling units. The rate of sewer user service charge against each and every dwelling unit (any housing unit with sanitary and kitchen facilities designed to accommodate one or more residents, multiple housing units, mobile homes and trailer spaces, but excluding commercial (transient) housing units such as hotel and motel units, and retirement homes with ten or more units under one roof, containing therein a dining room facility regularly open a minimum of six days per week, primarily for the use of the residents and their guests), shall be established by resolution. Independent laundry facilities serving multifamily, mobile homes and trailer units shall be considered a dwelling unit for billing purposes.

(C) Motel units. The rate of sewer user service charge against each and every motel unit (and motel unit used for transient housing) shall be established by resolution.

(D) Commercial independent discharge. As defined in §51.001, users of this class must operate and maintain independent wastewater disposal facilities which are currently licensed by the state for the disposal of wastewater. During all times when approved and licensed wastewater facilities are operable, the rate for discharge to the public treatment works will be based on the actual metered flow of discharge, or will be based on the calculated discharge of each employee per shift per day, in accordance with the resolution of the City Council.

(1) Metered users of this class will provide access to city personnel to read the meter in each billing period.

(2) Metered users of this class will provide an annual calibration and certification of the metering device from an individual certified for verification.

(3) Non-metered users of this class shall provide a verified employee count and total hours worked during the billing period. The city will establish the date for the submittal with each user. Employee information must be expressed in total employees per shift per day.

(4) In the event that independent discharge facilities are not operating, or for any other reason the total discharge of a user in this class is provided to the public treatment works, user rates will be calculated in accord with the commercial account category, or in the event that the discharge exceeds 25,000 gallons per day, an industrial cost recovery rate will be applied in accord with this chapter.

(5) Should users of this class not provide access to the waste meter, verification of meter accuracy, or employment information as required, the user shall be billed at the commercial rate.

(E) Commercial users. All users and user groups not specifically defined herein shall be considered commercial for purposes of this user rate. The rate of sewer user service charge shall be on the basis of water consumption through both public and private water supplies. The base charge shall apply on the basis of each water supply meter and each un-metered water supply line.

(1) Average billing method.

(a) Any user of this group may qualify upon written request for a winter average billing method if, water consumption from public or private water supply is 50% higher in the months of May, June, July, and August than the winter time average in the months of November, December, January and February, and all additional consumption is not returned to the public treatment works.

(b) If the user qualifies for a winter average billing method, the average consumption will be used to bill the months of March through October and actual consumption in November through February. The winter average will be annually updated to the most recent continuous use in the winter months, and this updated average used to bill the ensuing eight month period.

(2) Special billing method. Any commercial user which utilizes delivered water as an integral part of a produced product, shall be billed based upon a waste meter, or in the same manner as provided for commercial independent discharge accounts.

(3) Multiple commercial accounts. When more than one independent business is within a single structure, the commercial rate and number of commercial minimum charges applicable to the account shall be based upon the number of independent sanitary facilities provided in the structure. The charge shall be equal to the sum of commercial unit charges times the commercial unit minimum rate, plus a charge on water consumption which exceeds the allowance per commercial unit.

(F) Combined dwelling units and others. Where both dwelling units and motel units are combined on the same water supply, the charges shall be at the dwelling unit rate plus the motel unit rate. Where both dwelling units and commercial occupancies are combined on the same water supply, the charges shall be at the dwelling unit rate required with an additional charge based on water consumption. Consumption charges will be calculated allowing a reduction in total consumption equal to the gallons allowed in the base rate of consumption per dwelling unit. The charge shall be equal to the sum of the dwelling units increased by one unit, all charged at the dwelling rate, plus a charge on that water consumption which exceeds the allowance per dwelling unit. The lowest charge shall be equal to the number of dwelling units increased by one unit and charged at the dwelling unit rate.

(Ord. 1737, passed 6-24-91)

§ 51.066 New Users and Vacancies

The sewer user charge shall begin on the date of connection to the system based on the used categories in this code. Once the sewer user charge has commenced, no credit shall be given to any commercial or single dwelling unit account unless it can be demonstrated that all water sources to that property have been discontinued. If the date upon which the user charge is commenced or altered does not fall on the first day of a billing period, the rates shall be apportionately prorated.

(Ord. 1737, passed 6-24-91)

§ 51.067 Mobile Home, Trailer Park, Multiple Dwelling or Multiple Commercial Vacancies

Sewer use charges as described in the resolution adopting user rates shall be billed for each unit, unless the owner or manager thereof provides a specific listing of vacant units within a structure on the date prescribed by the city. If proof of vacancies is provided, sewage use shall be calculated based on the occupied units times the applicable rate per unit, however, in no event will the number of units billed be less than one unless it can be demonstrated that all water sources to the structure have been discontinued. Failure to provide a listing of occupied units on the prescribed date will cause the billing to the user to be based on the total number of dwelling units times the dwelling unit rate.

(Ord. 1737, passed 6-24-91)

§ 51.068 Water Consumption

For the user classes billed on a consumption basis, all water supply shall be considered, whether public or private. In the event water meters are not in place, inoperative, or for some reason cannot be read, all consumption will be based on the estimated water consumed. Where estimations must be made for multiple billing periods, the user shall be allowed a consumption base allocation equivalent to the amount estimated, and all actual consumption billed at the appropriate rate. In the event estimated consumption exceeds actual consumption, the user will be credited

with any amounts paid in excess of actual consumption. Where no meter exists, bills will be as provided in this sub-chapter.

(Ord. 1737, passed 6-24-91)

§ 51.069 Disposal of On-Site Wastes

(A) On-site disposal waste. Charges for dumping on-site disposal wastes at the city's sewage treatment plant shall be based on the measured gallonage deposited. These charges shall cover costs of operation and maintenance of the treatment plant and any appropriate local capital costs allocable to the treatment of these wastes and shall be in accord with the resolution of the City Council adopting rates for this class of use.

(B) Hours. Hours for acceptance and locations for disposal of on-site wastes shall be established by the city. No waste will be accepted for disposal at any other time or location.

(C) Samples. Prior to depositing, a sample of waste proposed to be deposited shall be taken. If there is no biological activity in the waste, or if any constituent of the waste is identified which violates the provisions of this chapter for deposit in public sewers, the waste will be rejected.

(D) Restrictions. The city may establish maximum volume and strength restrictions on deposited waste. Any restrictions shall be promulgated in writing to the depositors of the waste.

(E) Violations. Any waste deposited which violates the terms of this subchapter, shall be removed by the city with all costs of personnel, equipment, and damages assessed to the depositor.

(Ord. 1737, passed 6-24-91) Penalty, see § 51.999

§ 51.070 Inclusion in User Rates

Sewer user charges and other fees and assessments shall be established from time to time by resolution of the City Council. User charges shall, at a minimum, provide sufficient revenue to meet the costs of operation, maintenance, replacement, and financing of the treatment works. Charge system shall be designed in accord with this chapter to provide a proportional distribution of costs based on the total waste loading of the system.

(Ord. 1737, passed 6-24-91)

§ 51.071 Responsibility for Payment

The user of the sewage system shall be responsible for payment of the sewer user charge.

(Ord. 1737, passed 6-24-91)

§ 51.072 Billing Procedures

(A) The users of the sewerage system shall be billed on a monthly basis for services after rendered in accordance with the rate schedule.

(B) The date of the billing shall be in accordance with the monthly cycle billing.

(C) Notice of billing, delinquencies, and all other required information shall be deemed to have been given by the city to property owners when notices are placed in the United States mail with postage prepaid and addressed as shown in the utility records. Failure of owner to provide address change information will not cause notice to be defective. Notice of termination of sewer service may also be made by hand delivery or posting at the consumer's place of use.

(D) Sewer user charges shall be due and payable to the city no later than ten days after the date of billing.

(Ord. 1737, passed 6-24-91; Am. Ord. 1926, passed 4-14-97)

§ 51.073 Delinquencies

(A) All bills unpaid ten days after date of issuance shall be considered delinquent and additional charge of 5% shall be made on the gross amount of the billing and notification by mail shall be given to the consumer at the address of the premises being served that the bill, with the 5% delinquency charge, shall be paid within ten days.

(B) In the event of failure to pay sewer charges after they have become delinquent, the city shall have the right to remove or close sewer connections and to enter upon the property for accomplishing the purposes. The expense of discontinuance, removal or closing, as well as the expense of restoring service, shall be a debt to the city and shall be paid by the user. The city may use the sewer user deposit to pay the debt.

(C) Sewer service shall not be restored until all charges, including delinquent charges and the expense of removal, closing and restoration, shall have been paid.

(Ord. 1737, passed 6-24-91)

§ 51.074 Sewer Service Refused to Customer with Outstanding Amounts Owed

No user may receive sewer service at any location if the user has outstanding unpaid bills at any other location until all outstanding amounts owed by that user are paid in full.

(Ord. 1737, passed 6-24-91)

§ 51.075 Appeals

(A) Any sewer user who feels his user charge is unjust and inequitable as applied to his premises within the intent of the foregoing provisions may make written application to the city requesting a review of his user charge. The written request shall, where necessary, show the actual or estimated average flow and/or strength of his wastewater in comparison with the values upon which the charge is based, including how the measurements or estimates were made.

(B) Review of the request shall be made by the City Council and the city administration and shall determine if it is substantiated or not, including recommending further study of the matter.

(C) If the request is determined to be substantiated, the user charges for that user shall be recomputed based on the approved revised flow and/or strength data and the new charges thus recomputed shall be applicable retroactively up to six months, as applicable.

(Ord. 1737, passed 6-24-91)

§ 51.076 Industrial Cost Recovery

(A) All industrial users shall be required to pay that portion of the federal assistance grant under PL 92-500 allocable to the treatment of waste from the users.

(B) The system for industrial cost recovery shall be implemented and maintained according to the following requirements:

(1) Each year during the industrial cost recovery period, each industrial user of the treatment works shall pay its share of the total federal grant amount divided by the recovery period.

(2) The industrial cost recovery period shall be equal to 30 years or the useful life of the treatment works, whichever is less.

(3) Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after the user begins use of the treatment works.

(4) An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works, such as strength, volume and flow rate characteristics. As a minimum, an industry's share shall be based on its flow versus treatment works capacity except in unusual cases.

(5) An industrial user's share shall be adjusted when there is a substantial change in the strength, volume or flow rate characteristics of user's wastes, or if there is an expansion or upgrading of the treatment works.

(6) An industrial user's share shall not include any portion of the federal grant amount allocable to unused or unreserved capacity.

(7) An industrial user's share shall include any firm commitment to the city of increased use by the user.

(8) An industrial user's share shall not include an interest component.

(C) This requirement applies only to those features of wastewater treatment and transportation facilities which have been constructed with federal assistance administered by the U.S. Environmental Protection Agency under PL 92-500.

(Ord. 1737, passed 6-24-91)

§ 51.090 Objectives

(A) The objectives of this sub-chapter are:

(1) To prevent the introduction of pollutants into the city sanitary sewerage systems which will interfere with the operation of the system;

(2) To prevent the introduction of pollutants into the city sanitary sewerage system which will pass through the system, inadequately treated, into receiving waters or the atmosphere otherwise will be incompatible with the system;

(3) To ensure that the quality of the city's wastewater treatment plant sludge is maintained at level which allows its beneficial reuse;

(4) To protect the city and city personnel who may come into contact with sewage, biosolids and effluent in the course of their employment as well as protecting the general public;

(5) To preserve the hydraulic capacity of the city's wastewater system;

(6) To provide for equitable distribution of the cost of operation, maintenance and improvement of the city's wastewater system; and

(7) To ensure the city is able to comply with its NPDES permits conditions, biosolids use and disposal requirements and any federal or state laws which the city's wastewater system subject to.

(B) This sub-chapter provides for the regulation of discharges to the city wastewater system through the issuance of permits to certain industrial users, through establishment of general requirements for other users, authorizes monitoring and enforcement activities, establishes administrative review procedures and requires user reporting.

(C) This sub-chapter shall apply to all activities within the boundaries of the city, and to activities and persons outside the city who cause or permit a discharge, direct or indirect, to the city's sanitary sewerage systems.

(Ord. 1941, passed 11-24-97)

§ 51.091 Abbreviations

(A) Abbreviations. The following are a list of abbreviations that may appear in the document and be relative to the USEPA National Pretreatment Program:

• CFR Code of Federal Regulations
• LC50 Lethal concentration of 50% of the test organisms
• lLiter
• MGD Million gallons per day
• mg/l Milligrams per liter
• RCRA Resource Conservation and Recovery Act
• SIC Standard industrial classification numberissued by the U.S. Office of Management and Budget
• SWDA Solid Waste Disposal Act (42 U.S.C. 6901, et seq.)
• TSSTotal suspended solids
• TTO Total toxic organic
• USC United States Code

§ 51.091 Definitions

(B) Definitions. For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If this section expressly provides a different definition than ordinances or resolutions of the city, this section shall prevail. Certain terms are listed with reference to a specific statute or rule, which definitions are incorporated by reference.

• Act or The Act. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) amended.
• Affirmative Defense. The meaning and scope of 40 CFR 403.5(a)(2).
• Applicable Pretreatment Standards. For any specified pollutant, city prohibitive discharge standards, specific limitations on discharge, state pretreatment standards or categorical pretreatment standards, whichever standard is more stringent.
• Approval Authority. Oregon Department of Environmental Quality (DEQ).
• As Amended. The latest version of a statute, rule, or ordinance in effect on the date this sub-chapter is adopted. Citation of any statute or rule shall be deemed to be to the amended version.
• As Approved by the City.  The written approval by an authorized employee of the city, according to the provisions of this sub-chapter and other applicable standards, and based upon a written request by a user or permittee.
• Authorized Representative of a User. If the industrial user is a corporation, Authorized Representative shall mean:

(1) The president, secretary or a vice president of the corporation in charge of principal business function or any other person who performs similar policy or decision-making functions for the corporation; or

(2) The manager of one or more manufacturing, production or operation facilities, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(a) If the industrial user is a partnership, association or sole proprietorship, Authorized Representative shall mean a general partner or the proprietor.

(b) If the individual user is representing federal, state or local governments, or an agent thereof, an Authorized Representative shall mean a director or highest official, appointed or designated to oversee the operation and performance of the activities of the government facility.

(c) The individuals described in the divisions above may designate another Authorized Representative of the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for the environmental matters for the company, and the authorization is submitted to the city.

• Biochemical Oxygen Demand (BOD). The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five days at 20 ° C., expressed in terms of weight and concentration (milligrams per liter or mg/l).
• Building Drain. That part of the lowest horizontal piping of a drainage system which received the discharge from soil;, waste and other drainage pipes inside the walls of the building and conveys it to the building sewers, beginning five feet (1.5 meters) outside the inner face of the building walls.
• Building Sewer.The extension from the building drain to the public sewer or other place of disposal.
• Bypass. The intentional diversion of one or more waste streams or processes from any portion of an industrial user's treatment facility.
• Categorical Pretreatment Standards or Categorical Standards. Any regulations containing pollutant discharge limits promulgated by the USEPA in accordance with Sections 307 (b) and (c) of 33 U.S.C. 1317 which apply to a specific category of industrial users and which appears in 40 CFR Chapter 1, Sub-chapter N, Parts 405-47 incorporated herein by reference.
• Change in Use. Changes defined in development, and shall include conversion from residential to any other use including multi-family uses, and shall include an increase to change in the sewage strength, pH, character or potential discharge of hazardous substances.
• City. The City of Hermiston, Oregon, and shall consist of the City Manager or designated representative unless specifically referred to the City Council in the sub-chapter.
• Clarifier. An interceptor for oil and grease with sedimentation provision.
• Collection System. The system of public sewers to be operated by the city and designed for the collection of sanitary sewage.
• Color. The optical density at the visual wave-length of maximum absorption relative to distilled water. 100% transmittance is equivalent to zero optical density.
• Commercial. All buildings or structures which are not defined for the purposes of these sections as residential or industrial in keeping with the city's zoning and building code provisions.
• Commercial User. Any premises used for commercial business purposes that are not an industry as defined in this sub-chapter.
• Commercial Independent Discharge. Any business or industry that possesses an independent licensed and permitted wastewater discharge system. Any classification must maintain independent facilities with approval of appropriate regulatory agencies and provide discharge of domestic waste to the public treatment works.
• Composite Sample. The sample resulting from the combination of individual wastewater samples taken at selected intervals based on either an increment of flow or time.
• Control Authority. The City of Hermiston, Oregon, or city.
• Cooling Water. The water discharged from any use to which the only pollutant added heat, such as air conditioning, heat exchangers, non-contact cooling water or refrigeration.
• Customer. Any individual, firm, company, association, society, corporation, group or owner, who receives utility services from the city such as water and sewer.
• Department of Environmental Quality (DEQ). Where appropriate, the term may be used as a designation for the Director of the Department or other duly authorized official of the Department.
• Development. The conversion or change in character of occupancy or use a building which would place the structure in a different building group as defined in the Uniform Building Code; the erection of a new structure; the demolishing of existing building for the conversion of property to a differing use; the creation of gasoline pumps, drive-up windows, traffic islands or similar alterations which channelize, alter or increase the traffic volume or pattern on adjacent roadways. Development, for purposes of this sub-chapter, shall not mean interior remodeling, repairs or maintenance of improvements to any existing structure that does not increase the volume of the structure. Specifically, exempted under the sub-chapter are building facades, roof or exterior wall repair or replacement, heating, ventilating or electrical alterations or activities similar in character.
• Development Site. An area consisting of a parcel or tract of land specifically identified by a person, as the land to be altered or developed. All required area to meet parking standards and similar requirements for a particular development shall be included in the tern however, the total property ownership of the proponent will not be considered on the site, if is not necessary to the development.
• Discharge. The Discharge or the introduction of pollutants into the municipal wastewater system from any non-domestic source regulated under Section 307 (b), (c) or (d), of the Act.
• Domestic or Sanitary Waste. The liquid and water-borne wastes derived from the ordinary living processes, free from industrial wastes and of the character as to permit satisfactory disposal, without special treatment, into the city wastewater system or by means of a private sewage disposal system.
• Dwelling Units. Any housing unit with sanitary and kitchen facilities design to accommodate one or more residents, multiple housing units, mobile homes and trail, spaces, but excluding commercial or transient housing units such as a hotel and motel units and retirement homes with ten or more units under one roof, containing therein a dining room facility regularly open a minimum of six days per week and designed for the use of the residents and their guests. Independent laundry facilities serving multi-family, mobile homes and trailer units shall be considered a Dwelling Unit.
• Environmental Protection Agency (USEPA or EPA). The U.S. Environmental Protection Agency.Where appropriate the term may also be used as a designation for the Regional Water Management Division Director or other duly authorized official of the agency.
• Existing Source. Any source of discharge, the construction or operation of which commenced prior to the publication of proposed categorical pretreatment standards under Section 307 (b) and (c) of 33 U.S.C. 1317 of the Act which will be applicable to the source if the standard is thereafter promulgated in accordance with Section 307 of the Act.
• Garbage. All refuse and solid wastes, including ashes, rubbish in cans, debris generally; dead animals, street cleanings and industrial wastes and things ordinarily and customarily dumped; solid wastes from the domestic and commercial preparation, cooking, dispensing of food; and from the handling, storage and sale of produce, but not including sewage and body waste.
• Grab Sample. A sample which is taken from a waste stream on a one-time basis without regard to the flow in the waste stream over a period of time not to exceed 15 minutes.
• Grease.Animal- or vegetable-derived oil or Grease.
• Indirect Discharge or Discharges. The meaning of 40 CFR 403.3(g).
• Industrial User or User. Any person which is a source of indirect discharge which also has the same meaning as defined in 40 CFR Part 403.3 (h).
• Industrial Wastewater . Any non-domestic wastewater originating from a non-residential source.
• Interceptor. A device designed and installed so as to adjust, separate and retain deleterious, hazardous or undesirable matter from sewage and to permit normal sewage liquid wastes to discharge from the user's premises into the public sewer system.
• Interference.  A discharge which, alone or in conjunction with a discharge or discharge from other sources both:

(1) Inhibits or disrupts the municipal wastewater system, its treatment processes operations, or its solids handling processes; use or disposal; and

(2) Therefore is a cause of a violation of any requirements of the NPDES permit (including an increase in magnitude or duration of a violation) or of the prevention of biosolids use or disposal in compliance with the following statutory provisions and regulations of permit issued thereunder (or more stringent state or local regulations); Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA), (including Title H, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act, as defined in 40 CFR 403.3 (i).

• Local Limits/Specific Pollutant Limitations. Enforceable local requirements developed by POTW's to address federal standards as well as state and local regulations.
• Medical Wastes. Isolation wastes, infectious agents, human blood and blood byproduct pathological wastes, sharps, body parts, fomites, etiologic agents, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes and dialysis wastes.
• National Pretreatment Standard, Pretreatment Standard, or Standard.. The meaning of 40 CFR Sec. 403.30 (j).
• National Prohibitive Standard or Prohibitive Discharge Standard . Any regulation developed under the authority of Section 307 (b) and (c) of the Act, 40 CFR 403.5, DEQ or by the city which prohibits the discharge of certain types or characteristics of wastewater.These prohibitions can be general or specific.
• New Source.

(1) Any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under Section 307 (c) of the Act which will be applicable to the source, if the standards are thereafter promulgated in accordance with this section provided that:

(a) The building, structure, facility or installation is constructed at a site where no other source is located;

(b) The building, structure, facility or installation completely replaces the process production equipment that causes the discharge of pollutants at an existing source; or

(c) The production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site in determining whether there are substantially independent factors as the extent to which a new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.

(2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building, structure facility or installation meeting the criteria of the divisions above but otherwise alters, replaces or adds to existing process or production equipment.

(3)Construction of a New Source as defined under this division has commenced if the owner or operator has:

(a) Begun, or caused to begin as part of a continuous on-site construction program:

1. Any placement, assembly or installation of facilities or equipment; or

2. Significant site preparation work including clearing, excavation or removal existing buildings, structures or facilities which is necessary for the placement, assembly or installation of New Source facilities or equipment;

(b) Entered into a binding contractual obligation for the purchase of facilities equipment that is intended to be used in its operation within a reasonable time.Options to purchase or contracts which can be terminated or modified without substantial loss and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this division.

• Non-Domestic Pollutants (Industrial). Any substances other than human waste and household gray water (shower, dish washing operations, etc.)
• National Pollutant Discharge Elimination System (NPDES). Permit program of USEPA.
• Operation and Maintance (O&M). All activities, goods and services which are necessary to maintain the proper capacity and performance of the treatment works for which works were designed and constructed. Operation and Maintance shall include replacement as defined hereinafter.
• Other Wastes. Include wastes other than human waste, but are not limited to ashes, cinders, industrial sludges, sand, mud, straw, insoluble shavings, metal, glass, rag feathers, tar, creosote, waste antifreeze, plastics, wood, animal paunch contents, offal, blood, bones, meat trimmings and wastes, fish or fowl heads, entrails, trimmings and wastes, lard, tallow, baking dough, chemicals, paint residues, cannery waste bulk solids, hair and fleshing or plastic or paper dishes, cups or food or beverage containers, whether whole or ground.
• Owner.The person(s) who may hold title to or lease the property for which was service has or will be provided.
• Pass Through. The occurrence of an indirect discharge which exits the POTW into water of the United States in quantities or concentrations which, alone or in conjunction with discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
• Person. Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns.The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
• pH.The logarithm (base ten) of the reciprocal of the concentration of the hydrogen ion expressed in grams per liter of solution, indicating the acidity or alkalinity of the solution.
• Pollutant. Any substance discharged into the system that, if discharged directly, would alter the quality of the water of the state to a degree which unreasonably affects the water for beneficial use.
• Pretreatment or Treatment. The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants properties in wastewater prior to or in lieu of introducing the pollutants into the municipal wastewater system.The reduction or alteration may be obtained by physical, chemical or biological processes, by process changes or by other means.
• Pretreatment Requirement. Any substantive or procedural requirements related to pretreatment, other than national pretreatment standards, imposed on an industrial user.
• Prohibited Discharge Standard. Absolute prohibitions against the discharge of certain types or characteristics of wastewater as established by EPA, DEQ and/or the Director.
• Properly Shredded Garbage.The wastes from the preparation, cooking and dispensing of foods that have been shredded to a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than a half-inch (1.27 centimeters) in any dimension.
• Public Sewer. A sewer, either sanitary or storm, in which all owners of abutting property have equal rights, and which is controlled by public authority.
• Publicly Owned Treatment Work (POTW). A “treatment works” as defined Section 212 of the Act (33 U.S.C. 1292), which is owned by the state or municipality.The definition includes any devices or systems used in the collection, storage, treatment, recycling and reclamation of sewage or industrial wastes and any conveyances which convey wastes and any conveyances which convey wastewater to a treatment plant.The term also means the municipal entity having jurisdiction over the industrial users and responsibility for the operation and maintenance of the treatment works.
• Receiving Stream or Water of the State. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.
• Replacement. Acquisition and installation of equipment, accessories appurtenances that are necessary during the service life of the treatment works to maintain the capacity and performance for which the works were designed and constructed.
• Sanitary Sewer. A sewer that carries sewage and to which storm, surface and groundwaters are not intentionally admitted.
• Service Areas. The area served by the treatment works and for which there is no uniform user charge system.
• Sewage. Water-carried human wastes or a combination of water-carried wastes from residences, commercial buildings, institutions and industrial establishments, together with the ground, surface, storm or other waters as may be present.
• Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage.
• Sewer. A pipe or conduit for carrying sewage.
• Shall. Is mandatory; “May” is permissive.
• Significant Industrial User. Except as provided in division (3) below, the term Significant Industrial User means:

(1) All industrial users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Sub-chapter N;

(2) Any other industrial user that discharges an average of 25,000 gallons per day or more process wastewater to the POTW (excluding sanitary, non-contact cooling and boiling blow-down wastewater); contributes a process waste stream which makes up 5% or more of the average dry weather, hydraulic or organic capacity of the POTW treatment plant; or is designated as by the Control Authority as defined in 40 CFR 403.12 (a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8 (f)(6)); and

(3) Upon finding that an industrial user meeting the criteria in division (2) above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the Control Authority (as defined in 40 CFR 403.12 (a)) may at any time, on its own initiative or in response to a petition receive from an industrial user or POTW, and in accordance with 40 CFR 403.8 (f)(6), determine that the industrial user is not a significant user.

• Slugload. Any pollutant including BOD and COD, released in a non-routine, episodic, non-customary batch discharge at a flow rate or concentration which has the potential to cause a violation of the specific discharge prohibitions in §51.092.
• Storm Drain or Storm Sewer. A sewer which carries stone and surface waters and drainage, but excludes sewage and industrial waste, other than unpolluted cooling waters.
• Storm Water. Any flow occurring during or following any form of natural precipitation and resulting therefrom, including snowmelt.
• Suspended Solids or Total Suspended Solids (TSS). The total suspended matter that floats on the surface of, or is suspended in water, wastewater or other liquid, and which is removable by laboratory filtering.
• Treatment Plant. The portion of the POTW designed to provide treatment of sewage and industrial wastes.
• Toxic Pollutants or Pollutants. Those substances listed in 40 CFR Part 122, Appendix D, which is expressly incorporated herein, and any other substance(s) which, either singly or by interaction, may injure or interfere with any wastewater treatment process; may constitute a hazard to humans or animals; or may exceed any limitation adopted as a Categorical Pretreatment Standard.
• Upset. An exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in this regulation, or limitation of a discharge permit, due to factors beyond the reasonable control of the discharger and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance or careless improper operation thereof.
• USEPA.The United States Environmental Protection Agency.
• User. Any person who contributes, causes or permits the contribution of wastewater into the city wastewater collection system and treatment facility. User is also defined as the person who is responsible for the payment of the sewer system charge.
• User Charge. The periodic charges levied on all users of the public treatment works, and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance.
• Waste. Wastewater and all other Waste substances, liquid, solid or gaseous Waste resulting from any industrial, manufacturing, trade or business process or from the development recovery or processing of natural resources.
• Wastewater. Waste and water, whether treated or untreated, discharged into or permitted to enter a public sewer.
• Wastewater System or System or City Wastewater System or City System . All city treatment works; all city sewers, pipes, and other conveyances discharging thereat and all devices and systems used in the storage, treatment, recycling and reclamation of sewage or industrial wastes of a liquid nature.This shall include any portion of the system owned and maintained by a city.
• Watercourse. A channel in which a flow of water occurs, either continuous or intermittently.

  (Ord. 1941, passed 11-24-97)

§ 51.092 General Sewer Use Conditions

(A) General discharge prohibitions.

(1) No person shall discharge or cause to be discharged any storm water, surface water, ground water, road runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer.

(2) Storm water and all other unpolluted drainage shall be discharged to the sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the City Administration. Industrial cooling water or unpolluted process waters may be discharged, on approval of the city and applicable regulatory agencies to a storm sewer, combined sewer or natural outlet.

(3) No Industrial User (IU) shall discharge, cause or permit to be discharged, directly or indirectly, any pollutant or wastewater which will cause interference or pass through. These general and specific prohibitions apply to all IUs of the city's wastewater system whether or not the user is subject to categorical pretreatment standards or any other national, state or local pretreatment standards or requirements.

(B) Specific discharge prohibitions. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes into the system:

(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be sufficient either alone or by interaction to cause fire or explosion or be injurious in any other way to the facilities or operations of the city. This prohibition include waste streams with a closed cup flash point of less than 140°F or 6°C, using the test method specified in 40 CFR 261.21; or any waste stream which two consecutive readings on an explosive hazard meter, at the point discharge into the system (or at any point in the system), are more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.

(2) The flammable or explosive substances including, but are not limited to, gasoline, kerosene, naphtha, benzene, hexane, toluene, xylene, ethers, alcohols, ketones, aldehyde peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.

(3) Solids (greater than ½-inch in any dimension) or viscous substances (including but not limited to petroleum oil, non-biodegradable cutting oil or products of mineral oil origin which will or may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater system including, but not limited to: animal and vegetable-based fats, wax, grease or oils, emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32°F and 150°F (0°C and 65°C).

(4) Any wastewater having a pH less than 5.5 or greater than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, personnel of the city system, unless the city approves the waste in variance because special conditions in the system, but in no case shall the pH be less than 5.0.

(5) (a) Any wastewater containing pollutants or other wastes in sufficient quantity (flow concentration including, but not limited to BOD, COD, etc.), either singly or by interaction, to pass through or interfere with any wastewater treatment or solids handling and utilization process, or constitute a hazard to humans or animals, or to exceed any limitations adopted as categorical pretreatment standards.

(b) A toxic pollutant shall include, but not be limited to, any pollutant identified in the “Toxic Pollutant List” set forth in 40 CFR Part 122, Appendix D.

(c) All toxic pollutants shall be deemed to be prohibited or regulated substances for purposes of this sub-chapter.

(6) Any noxious or malodorous liquids, gases, solids or other wastewater which either singly or by interaction are capable of creating a public nuisance or hazard to life or are sufficient to prevent entry into the sewers for their maintenance and repair. No discharge shall result in toxic gases, vapors or fumes within the collection or treatment system in a quantity that may cause worker health and safety problems.

(7) Any substance which may cause the system's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process or any substance which may cause the system to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state standards applicable to the solids management methods being used.

(8) Any sludges, screenings or other residues from the pretreatment of industrial wastes.

(9) Any substance discharged in such a strength as to potentially cause the city system to violate its NPDES and/or other disposal system permits.

(10) Any trucked or hauled pollutants, except at discharge points designated by the city.

(11) Any substances identified as hazardous waste according to 40 CFR Part 261, except specifically authorized by the city.

(12) Any wastewater having a temperature which will inhibit biological activity in any city treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW (measured at the nearest downstream manhole) which exceeds 104°F or 40°C.

(13) Any slugload.

(14) Any unpolluted water including, but not limited to, non-contact cooling water, rainwater, groundwater, surface drainage, roof drainage, water from yard fountains, ponds or pool (except filter backwash water from swimming pools and to reject water) unless prior written approval has been obtained from the city.

(15) Any wastewater containing any radioactive wastes or isotopes (except those included in “Oregon Regulations for the Control of Radiation,” OAR 333-22-150, of the half-life or concentration as to exceed limits established by the city or any applicable state or federal regulations.

(16) Any wastewater which imparts color which cannot be removed by the treatment process such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plants effluent thereby violating the city NPDES permit.

(17) Materials which exert or cause:

(a) Unusual concentrations of inert suspended solids (such as but not limited to fullers, earth, lime substrate and lime residues) or of dissolved solids (such as but not limited to sodium chloride and sodium sulfate);

(b) Excessive discoloration (such as but not limited to dye wastes and vegetable tanning solutions);

(c) Unusual BOD, chemical oxygen demand (COD) or chlorine requirements in the quantities as to constitute a significant load on the sewage treatment works; and/or

(d) Unusual volume of flow or concentrations of wastes constituting “slugs” as defined herein.

(18) Waters or wastes containing substances which are not amenable to treatment or reduction by sewage treatment processes employed or are amenable to treatment only to the degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(19) Wastes prohibited by this section shall not be processed or stored in a manner so that these wastes could be discharged to the municipal wastewater system.

(C) Dilution. No user shall increase the use of potable or process water in any way, for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this sub-chapter or its discharge permit or in lieu of proper disposal of any material as solid waste. The city may impose mass limitations on dischargers that in its judgment appear to be using dilution to meet applicable pretreatment standards or requirements of this section, or in cases where the imposition of mass limitations is otherwise deemed appropriate by the city.

(D) More stringent limitations. The city retains the right to amend this sub-chapter to provide for more stringent limitations or requirements on discharges to the city system when deemed necessary.

(E) Categorical pretreatment standards. IU's subject to categorical pretreatment standards are required to comply with applicable standards set out in 40 CFR Chapter 1, Sub-chapter N, Parts 405-471.

(F) State requirements. Users are required to comply with applicable state pretreatment standards and requirements set out in OAR Chapter 340. These standards and requirements are incorporated herein.

(G) Specific pollutant limitations and local limitations. In addition to categorical pretreatment standards referenced in other portions of this sub-chapter, no SIU shall discharge wastewater containing pollutants into the system in excess of limitations specified in its wastewater discharge permit or other limits established by the city. The city may establish and revise from time to time standards for specific restricted substances. These standards shall be developed in accordance with 40 CFR Section 403.5 and shall implement the objectives of this subchapter. Standards established in accordance with this section will be deemed pretreatment standards for the purposes of Section 307(d) of the Act. Wherever a discharger is subject to both categorical pretreatment standards and a local limit for a give pollutant, the more stringent shall apply.

(H) Mass limitations. The city may issue mass limitations for dischargers in addition to or in place of concentration-based limitations.

I) Grease interceptor. A grease interceptor shall be installed on all building sewers for all commercial and multiple dwelling unit users. Any conversion to commercial or multiple dwelling use may be required to install a grease interceptor. The requirement for a grease interceptor may be waived by the city administration when a written request is filed indicating all of the following:

(1) The waste stream from the commercial establishment meets the terms of domestic waste defined in this sub-chapter; and

(2) No kitchen facilities for public service or service to more than ten residents or dwelling units as defined herein.

(J) Oil and sand interceptors. Oil and sand interceptors shall be required when they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that the interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the city administration and shall be located as to be ready and easily accessible for cleaning and inspection. The city administration shall be the final determination of the requirements.

(Ord. 1941, passed 11-24-97) Penalty, see §51.999

§ 51.093 Industrial Wastewater Permits

(A) Discharge requirements.

(1) When requested by the city, an IU discharging or proposing to discharge industrial or commercial wastewater into any public sewer to the city system shall first apply for an industrial wastewater discharge permit, hereafter called “discharge permit” from the city.

(2) This discharge permit is required in addition to the commercial connection permit required for sanitary/domestic discharge.

(3) It is a violation of this sub-chapter for any IU to discharge non-domestic wastewater into the system if an application has been requested and a permit has not be issued.

(B) Application for discharge permit. Application for a discharge permit shall to made to the city on a city-approved format. Unless a specific exemption is granted in writing by the city, no discharge of non-domestic wastewater from the facility shall be allowed nor shall a permit be issued unless all conditions and provisions of this sub-chapter are met. A new application shall be required whenever federal categorical standards apply to a discharge, or when an SIU proposes a substantial change in its discharge. An application shall include a “baseline monitoring report” described in §51.094 (D), where applicable.

(C) Application time frame. Proposed new IUs shall apply for a discharge permit at least 90 days prior to the date that the discharge is proposed to commence. Additional data, information and drawings may be requested before a discharge permit is issued. The permit applicant shall promptly provide all requested information to the city.

(D) Hazardous waste compliance. Any industrial user who commences discharging after August 23, 1990, shall provide written notification in accordance with 40 CFR 403.120 of the discharge of any substance which, if otherwise disposed of, would be a hazardous waste under 40 CFR, Part 261.

(E) Certification. All applications, reports and information submitted to the City shall be signed and certified in accordance with 40 CFR 403.12(l). Any reports required in this sub-chapter and any other documents required to be submitted to the city or maintained by the industrial user shall be subject to applicable civil and criminal provisions of the city's rules and regulations, state law relating to fraud and false statements. In addition, the industrial user shall be subject to:

(1) The provisions of 18 USC Section 1001 relating to the fraud and false statements;

(2) The provisions of Sections 309(c)(4) of the Clean Water Act, governing false statements; and

(3) The provision of Section 309(c)(6) of the Act regarding responsible corporate officers.

(F) Application/permit evaluation period. The city will evaluate the application and may require additional information. Within 60 days of receipt of a complete permit application, the city will determine whether or not to issue a wastewater permit. If no determination is made within this time period, the application will be deemed denied.

(G) Application/permit rejection. If any waters or wastes are discharged or are proposed to be discharged to the city's sewer system, which contain the substances or possess the characteristics enumerated in other sections of this sub-chapter, and which in the judgment of the city, may have a deleterious effect upon the system, or which otherwise create a hazard to life, worker safety or constitute a public nuisance, the city may take any of the following actions:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition prior to discharging to the system;

(3) Require control over the quantities and rates of discharge; or

(4) Require payment to cover the added cost of handling and treating the wastes not converted by existing taxes or sewer charges under the provisions of §51.096 of this chapter.

(H) Compliance schedules. The city may require compliance schedules in any permit to ensure that the appropriate technology is installed in a time period acceptable to the city.

(I) Permit contents. Wastewater discharge permits shall contain at a minimum the conditions of 40 CFR 403.8 (f)(1)(iii)(A)-(E). In addition, permits may contain the following:

(1) Fees and charges to be paid upon initial permit issuance;

(2) Limits on average and maximum rates and time of discharge and requirements for flow regulations and equalization;

(3) Requirements for installation and maintenance of inspection and sampling facility compatible with facilities of the city;

(4) Compliance schedules;

(5) Requirements for submission of special technical reports or discharge reports where the same differ from those prescribed by this sub-chapter; and

(6) An effective date and expiration date of the permit.

(J) Right of revision or permit modification. The city reserves the right to amend any wastewater discharge permit issued hereunder in order to assure compliance by the city with applicable laws and regulations. Upon promulgation, a new federal categorical standard for a particular industrial subcategory, if more stringent than the limits established under the city's current rules and regulations, will supersede the local standard. Permits will be modified as soon as possible subsequent to a change in the federal requirements. The city shall notify the user of any proposed changes in its permit prior to the effective date of the change.

(K) Permit duration and property interest acquired. All wastewater discharge permits shall be issued for an initial period not to exceed five years as determined by the city. All permits are subject to amendment, revocation, suspension or termination as provided in these rules. No user acquires any property interest by virtue of permit approval. Continued approval is expressly contingent upon compliance with all applicable federal, state and location requirements.

(L) Limitations on permit transfer. Wastewater discharge permits are issued to specific user for a specific operation and are not assignable to another user or transferable to an other person or location without the prior written approval of the city. If a permitted industry facility is sold, the seller shall provide a copy of the existing discharge permit to the new owner or operator.

(M) Wastewater discharge permit revocation. Wastewater discharge permits may be revoked for any of the following reasons:

(1) Failure to notify the city of significant changes to the wastewater prior to the changed discharge;

(2) Falsifying self-monitoring reports or other required reports;

(3) Tampering with monitoring equipment or sample;

(4) Refusing to allow the city timely access to the facility premises or records;

(5) Failure to meet effluent limitations;

(6) Failure to pay fines, penalties or sewer service charges;

(7) Failure to meet compliance schedules;

(8) Failure to complete a wastewater survey;

(9) Failure to provide advance notice of the transfer of a permitted facility; or

(10) Violation of any pretreatment standard or requirement or any terms of the permit or the sub-chapter.

(N) Voiding permits. Permits shall be voided upon non-use or cessation of operations for a period of two years or longer, transfer of business ownership or upon issuance of a new wastewater discharge permit replacing a previous permit.

(Ord. 1941, passed 11-24-97) Penalty, see §51.999

§ 51.094 Responsibility of Permit Holder

(A) Sampling facilities. When required by the city, the IU shall provide and operate at the users expense, a monitoring facility, together with necessary meters and other appurtenances to allow inspection, sampling and flow measurement of each industrial sewer discharge to the city. The monitoring facility shall be approved by the city prior to being installed. When possible the sampling site shall be located outside the building or structure, on the user's premises and be easily accessible from a public road, street, parking lot or paved area. The user shall maintain safe access to the sampling site at all times.

(1) There shall be ample room in or near the facility to allow for accurate sampling and preparation of samples for analysis. The facility, sampling and measuring equipment shall be maintained at all times in a safe and proper operating condition at the expense of the permit holder, as directed in the city-approved permit.

(2) All sampling facilities shall be constructed and maintained in accordance with all applicable local construction standards and specifications. The sampling facility may be revised, but the city must approve these revisions. All sampling facility plans must be submitted to and approved by the city prior to construction, regardless of whether or not the standard details are used. Construction shall be completed within 60 days of city approval or within ten days of receipt of permit by the permit holder, except as otherwise approved by the city.

(B) Operation and maintenance. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, the owner, at his expense, shall maintain then continuously in satisfactory and effective operation.

(C) Plans review.

(1) All plans for pretreatment facilities, interceptors, etc., required pursuant to these rules shall be approved by the city prior to implementation. Approval of pretreatment facilities, interceptors, etc., by the city, does not relieve the owner of the responsibility to install and operate equipment necessary to perform the required function and to meet all permit requirements.

(2) The permit holder shall maintain records of all pretreatment facilities which reflect routine maintenance check dates, calibration, cleaning, waste removal dates, manifests of wastes removed from the site and the means of disposal of accumulated wastes.

(3) Approval by the city of plans under this section does not represent assurance that the facilities will meet a discharge permit.

(D) Control of discharge. It shall be the responsibility of the user to control the discharge into the city sewerage system or any private or side sewer which drains into the city's system so as to comply with this sub-chapter and the requirements of any applicable wastewater discharge permit issued pursuant to the provisions of this sub-chapter. Notwithstanding an permit conditions, the city may (after notification to the user) order that any discharge which may appear to present an imminent endangerment to the health and welfare of persons be immediately and effectively halted from entering the collection system.

(E) IU facility inspections. The city may inspect the facilities of any IU to determine compliance with the requirements of city rules and regulations. The user shall allow the city or its representatives to enter upon the premises of the user at all reasonable hours and without prior notification by the city, for the purposes of inspection, sampling, and records examination and copying. The city shall have the right to set upon the user's property the devices as at necessary to conduct sampling, inspection, compliance monitoring and/or metering operation:

(1) Where a user has security measures in force which require proper identification and clearance before entry into their premises, the industrial user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification personnel from the city, state, and USEPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities.

(2) The city, state, and USEPA shall have the right to set up or require installation of, on the industrial user's property, the devices as are necessary to conduct sampling, and/or metering of the user's operations.

(3) The city may require the industrial user to install monitoring equipment, as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in safe and proper operating condition by the industrial user at the industrial user's expense. All devices used to measure wastewater flow and quality shall be calibrated periodically to ensure their accuracy.

(4) Any temporary or permanent obstruction to safe and easy access to the industrial facility to be inspected and/or sampled shall be promptly removed by the industrial user at the written or verbal request of the city and shall not be replaced. The costs of clearing the access shall be borne by the industrial user.

(5) Unreasonable delay in allowing city personnel access to the industrial user's premises shall be a violation of this sub-chapter.

(F) Sampling requirements. Except as otherwise expressly stated in a permit, sampling shall be performed according to this division. If an IU subject to self-monitoring and reporting requirements as set forth in their city discharge permit, monitors any pollutant more frequently than required in the discharge permit, using the procedures prescribed in 40 CFR 403.12(g)(4), the results of this monitoring shall be included in the IU's reports.

(1) SIUs shall submit to the city at least once every six months or a otherwise specified by the city, a description of the nature, concentration and flow of the pollutants required to be reported to the city. These reports shall be based on sampling and analysis performed in the period covered by the report, and performed in accordance with the techniques described in 40 CFR Part 136.

(2) The IU shall submit the results of sampling and analysis identifying the nature and concentration (or mass, where required by the city) of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentration (or mass, where required) shall be reported. The sample shall be representative of the operations.

(3) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide and volatile organics. For all other pollutants, a 24-hour composite sample must be obtained through flow-proportional composite sampling techniques when feasible. The city may waive flow-proportional composite sampling for any IU that demonstrates that flow-proportional sampling is unfeasible. In the case samples may be obtained through time-proportional composite sampling techniques through a minimum of four grab samples where the user demonstrates that this would provide a representative sample of the effluent being discharged.

(4) The IU shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this division. Samples shall be taken immediately downstream from pretreatment facilities if such exists or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment the IU shall measure the flows at concentrations necessary to allow use of the combined waste stream formula of 40 CFR 403.6(e) in order to evaluate compliance with the pretreatment standards. Where alternate concentration or mass limit has been calculated in accordance with 40 CFR 403.6(e) this adjusted limit and supporting data shall be submitted to the city.

(5) Where 40 CFR Part 136 does not contain sampling analytical techniques for the pollutant in question, or where the USEPA Administrator determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling at analysis shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the city or other persons approved by the USEPA Administrator. This sampling and analysis may, upon approval by the city may be performed by the city in lieu of the industrial user.

(G) Special agreements. No statement contained in this section 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 therefore, buy the industrial concern.

(H) Records retention. All users subject to this sub-chapter shall retain and preserve for less than three years, all records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analysis made by or in behalf of a user in connection with its discharge. All records shall be subject to review by the city. The retention period may be extended beyond three years of the request of the city. All records which pertain to matters which are the subject of an enforcement or litigation activities brought by the city pursuant hereto shall be retained and preserved by the user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(I) Wastewater permit renewals. SIUs may be required to apply for permit renewals within 90 days prior to the expiration date in the existing wastewater permit.

(Ord. 1941, passed 11-24-97) Penalty, see §51.999

§ 51.095 Reporting Requirements

(A) General requirements.

(1) All measurements, tests and analysis of the characteristics of wastewater to which reference is made in this section shall be in accordance with 40 CFR Part 136 or alternate protocols approved by EPA Region 10 Administrator or NPDES permit- specific basis and shall be determined at the control manhole provided, or upon testing of suitable samples taken at the control manhole.

(2) IUs may be required to submit test results from samples of their wastewater discharged or other appropriate information requested by the city on a routine and continuing basis for any or of the following reasons:

(a) To comply with the terms and provisions of 40 CFR Part 403.12;

(b) If requested by any applicable state or local public agencies;

(c) If required to determine monthly sewer service charges as described by applicable city ordinance;

(d) If deemed necessary by the city for the proper treatment, analysis or control wastewater discharges. The IU shall bear the costs of any tests and reports. The city shall have the right to enforce the requirements of 40 CFR 403.12. When deemed necessary by the city, an IU may be required to obtain, install, operate and maintain an automatic sampler and/or analyzer to monitor its industrial waste discharges; or

(e) If required by the discharge permit.

(B) User's responsibility. It is the IU's responsibility to keep informed of all state and federal wastewater analysis and reporting requirements. Any failure to do so shall not excuse the permit holder from compliance with the requirements.

(C) Discharge reports. Discharge reports shall contain all results of sampling and analysis of the discharge, including the flow, the nature and concentration of pollutants, and production and mass where require by the city.

(D) Baseline monitoring report.

(1) Within 180 days after the effective date of a categorical pretreatment standard, or 180 days after the final administrative decision on a category determination under 40 CFR 403.6 (a)(4), whichever is later, existing users currently discharging to or proposing to discharge to the city shall submit to the city a report containing the information listed in division (E) below.

(2) At least 90 days prior to commencement of their discharge, new sources, including existing users which have changed their operation or processes so as to become new sources, shall be required to submit to the city a report which contains the information listed in division (E). A new source shall also report the method it intends to use to meet applicable pretreatment standards, and give estimates of its anticipated flow and quantity of pollutants discharged.

(E) Information required. The information required by this section includes:

(1) Identifying information. The user shall submit the name and address of the facility, including the name of the operator and owners;

(2) Permits. The user shall submit a list of any environmental control permits held by or for the facility;

(3) Description of operation. The user shall submit a brief description of the natural average rate of production, and standard industrial classifications of the operations carried out by the industrial user. This description should include a schematic process diagram which indicates points of discharge to the system from the regulated processes;

(4) Flow measurement. The user shall submit information showing the measured average daily and maximum daily flow, in gallons per day, to the system from regulated process streams and other streams as necessary to allow use of the combined waste stream formula set out in 40 CFR 403.6(e).

(5) Measurement of pollutants.

(a) The industrial user shall identify the categorical pretreatment standard applicable to each process;

(b) In addition, the IU shall submit the results of sampling and analysis identifying the nature and concentration (and/or mass, where required) of regulated pollutants in the discharge from each regulated process. Instantaneous, daily maximum and long term average concentrations (or mass, where required) shall be reported. The sample shall be representative of daily operations and shall be performed in accordance with procedures set out in 40 CFR Part 136, or an city approved equal; and

(c) A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. All other pollutants will be measured by composite samples obtained through flow proportional sampling technique. If flow proportional composite sampling is unfeasible samples may be obtained through time proportional sampling techniques or through four grab samples if the user proves the samples will be representative of the discharge.

(F) Report on compliance with categorical deadlines. Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater in the sewer system, any industrial user subject to pretreatment standards and requirements shall submit to the city a report indicating the nature and concentration of all pollutants in the waste stream, as required by division (D) above.

(1) For IUs subject to equivalent mass or concentration limits established by the city in accordance with 40 CFR 403.6(c), this report shall contain a reasonable measure of the user's long term production rate. For all other IUs subject to categorical pretreatment standards expressed in terms of allowable pollutants discharge per unit of production or other measure of operation, this report shall include the IU's actual production during the appropriate sampling period.

(2) This report shall also contain the average and maximum daily flows for the process waste streams, and whether the applicable pretreatment standards are being met on consistent basis. If they are not being met on a consistent basis, the report shall identify what additional pretreatment or operation and maintenance is necessary to bring the industrial user into compliance. This report shall be signed by an authorized representative of the industrial user, and certified to by a qualified professional.

(G) Schedule of compliance. If the industrial user is required to install additional pretreatment or provide additional operation and maintenance, he or she will be required to submit a schedule.

(1) The schedule shall contain increments of progress in the form of milestone dates for commencement and completion of major events leading to the construction and operations of additional operation and maintenance or pretreatment (e.g., hiring an engineer, completing preliminary, plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc.). No increment of progress shall exceed nine months.

(2) The industrial user shall submit a progress report to the city including, at a minimum whether or not it complied with the increment of progress to be met on the date and if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the industrial user to return the construction to the, schedule established. This progress report shall be submitted no later than 14 days following each date in the schedule and the final date of compliance. In no event shall more than nine months elapse between the progress reports to the city.

(3) If compliance milestone dates are not met or reports not submitted when due, the city may take appropriate enforcement action for lack of satisfactory progress toward compliance. (See §51.096.) Schedules of compliance may be inserted into an IU's discharge permit, as provided in division (G).

(H) Periodic compliance reports. Any IU subject to categorical pretreatment standards, or subject to sampling, testing and reporting schedules set out in the user's permit shall submit to the city all reports required indicating the nature of the effluent discharged since the last reporting period.

(1) The report shall include, but is not limited to, a record of the concentrations (and mass limited in the permit) of the limited pollutants that were measured and a record of all pH and flow measurements that were taken.

(2) If an industrial user subject to the reporting requirements listed above monitors any pollutant more frequently than required by the city, the results of this monitoring shall be included in the report.

(I) Reporting of violation/resampling requirement. If sampling performed by an industrial user indicates a violation, the user shall notify the city within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis an submit the results of the repeat analysis to the city within 30 days after becoming aware of violation.

(J) Slugload reporting.

(1) Dischargers shall notify the city immediately upon occurrence of a “slug” or accidental discharge of substances prohibited by this sub-chapter. The notification shall include the location of discharge, date and time thereof, type of waste, concentration and volume, corrective action and steps being taken to reduce any adverse impact.

(2) Any discharger who discharges a “slug(s)” of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed on the city under state or federal law, and may also incur monetary penalties by the city.

(K) Change in discharge. The IU shall report to the city any changes, permanent or temporary to the permittee's premises or operations that may result in change of the quality or volume of the wastewater discharge.

(1) Changes in the discharge involving the introduction of a waste stream(s) not included in or covered by the discharge permit application shall be considered a new discharge requiring completion of an application as described under §51.093. Any reporting shall not be deemed to exonerate the permittee from liability for violations of the sub-chapter.

(2) All industrial users shall promptly notify the city in advance of any proposed anticipated change in the volume or character of pollutants in their discharge, including the listed or characteristic hazardous wastes for which the industrial user has submitted initial notification under 40 CFR 403.12(p).

(L) Notification of significant production change.

(1) In accordance with 40 CFR 403.6 (c)(7), any IU operating under a city permit incorporating equivalent mass or concentration limits calculated from a production based standard shall notify the city with two business days after the IU has a reasonable basis to know that the production level will significantly change within the next calendar month.

(2) Any IU not notifying the city of anticipated change will be required to meet the mass or concentration limits in its permit that were based on the original estimate of the long-term average production rate.

(M) Industrial user hazardous waste reporting. Industrial users shall notify the city (POTW), the EPA Regional Waste Management Division Director, and state hazardous waste authorities in writing of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261. Notification must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA hazardous waste number, and the type of discharge (continuous, batch or other).

(N) TTO reporting. Those industries which are required by EPA to eliminate and/or reduce the levels of toxic organics (TTO's) discharged into the sewer system must follow the federal effluent guidelines for that industry.

(O) Certification of all reports. All reports submitted by significant industrial user shall include the certification statement defined in 40 CFR 403.6 (a)(2)(ii), and signed by the appropriate official as designated in 40 CFR 403.12(l).

(Ord. 1941, passed 11-24-97) Penalty, see §51.999

§ 51.096 Administrative and Judicial Enforcement

(A) Industrial user violation process. If the city determines that a violation has occurred or is taking place, a representative of the city shall make a reasonable effort to notify the user of the violation. All violations including the first violation shall receive a written notice of violation, and may also incur a monetary penalty.

(1) All written notices of violations shall describe the violation and any potential penalty (monetary or additional pretreatment). The written notice may further require that response to the violation be submitted to the city within a ten day time period.

(2) If a written notice of violation requires submittal of a response, the response shall include an explanation of the violation, a plan for the satisfactory correction and prevention of future violations, and specific corrective or preventive action submission of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take emergency action without first issuing a notice of violation.

(B) Violation.

(1) A violation of limitations established under §51.092 of this sub-chapter, any applicable federal, state or city pretreatment standards, or specific requirements of a discharge permit shall constitute a violation of this sub-chapter and shall be cause for enforcement action by the city, including but not limited to levying of administrative penalties described in this section, regardless of the intent of the user. Each day of a continuing violation shall constitute a separate offense for purposes of computing the applicable penalty.

(2) Whenever the city finds that any IU has violated or is violating this sub-chapter, wastewater permit or order issued hereunder, or any other pretreatment requirement, the city shall cause to be served upon the IU a written notice of violation. The notice of violation shall be delivered to the user's premises or be sent by regular mail to the address of the permit holder on record with the city. It may be sent together with the industrial user's monthly billing notice.

(C) Permit parameters.

(1) For the maximum daily allowable concentration, if the concentration of any single sample (whether grab or a sample within a series) exceeds the limitations, a violation will have occurred;

(2) For the monthly average allowable concentration, if the average of all sample(s) (grab or composite) taken exceeds the limitation, a violation will have occurred. One sample collected may constitute a monthly average violation.

(D) Additional violation parameters. Included, but are not limited to the following:

(1) For noncompliance with any special reporting requirements established by permit, written request of the city, or as specified by general federal pretreatment standards (40 CFR 403.12);

(2) Pollutants prohibited in §51.092 are discharged into the system;

(3) Failure to apply for and obtain a permit prior to discharge of industrial wastewater in the system.

(E) IU notifying city of violation. If sampling performed by an industrial user indicating a violation, the industrial user shall notify the city within 24 hours of becoming aware of the violation. The user shall also re-sample and report the results within 30 days of becoming away of violation pursuant to 40 CFR 403.12(g)(2). Re-sampling must continue until it is evident the discharge is within compliance.

(F) Affirmative defense. The city does not recognize the “affirmative action” defense defined in the federal regulations.

(G) Consent orders. The city may enter into consent orders, assurance of volunteer compliance, or other similar documents establishing an agreement with the IU responsible for the noncompliance. Orders will include specific action to be taken by the IU to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders and upon issuance, orders shall be judicial enforceable.

(H) Show cause hearing.

(1) The city may order any IU which causes or contributes violation(s) of this sub-chapter, wastewater permits or orders issued hereunder or any other, pretreatment requirement, to appear before the city and show cause why a proposed enforcement action should not be taken. Notice shall be served on the IU specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and an order that the IU show cause why this proposed enforcement action should not be taken.

(2) The notice of the hearing shall be served personally or by registered mail (return receiving requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the IU. Whether or not the IU appears as notified, immediate enforcement action may be pursued following the hearing date.

(I) Compliance orders.

(1) When the city finds that an IU has violated or continues to violate the sub-chapter, permits or orders issued hereunder, or any other pretreatment requirement, an order may be issued to the IU responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, device or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer.

(2) In addition to compliance orders, the city may require additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.

(J) Significant noncompliance. Significant noncompliance is deemed to have occurred if a violation meets one or more of the following criteria:

(1) Chronic violations of wastewater discharge limits, defined as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same polluted parameter;

(2) Technical review criteria (TRC) violations are defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);

(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the city determines has caused alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);

(4) Any discharge of a pollutant that has caused imminent endangerment to human health welfare or to the environment or has resulted in the city's exercise of its emergency authority, as defined in 40 CFR 403.8 (f)(1)(vi)(B), to halt or prevent a discharge;

(5) Failure to meet, within 90 days after the scheduled date, a compliance schedule contained in a local control mechanism or enforcement order, for starting construction, completing construction or attaining final compliance;

(6) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports (BMR), 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;

(7) Failure to accurately report noncompliance; and

(8) Any other violation or group of violations which the city determines will adversely affect the operation and implementation of the local pretreatment program.

(K) Publication of significant violators. A list of all industrial users which were in significant noncompliance (as defined above) during the 12 previous months, shall be annually published by the city in the largest daily newspaper, published in the municipality in which the city is located, summarizing the enforcement actions taken against users during the previous 12 months.

(L) Other penalties.

(1) If the violation is not corrected within a reasonable period of time determined by the city, or as specified in a consent order or compliance order, or if there appears to be indications of repetition of the violation, a notice of civil penalties may be issued as described in the applicable city ordinance. The city may seek or assess a specific fine violation not to exceed $1,000 per day per violation of pretreatment standards and may impose an applicable compliance schedule. Compliance schedules may not extend the compliance date beyond any applicable federal deadlines.

(2) Notwithstanding any other provision of this sub-chapter, the city may, in its discretion and at any time, impose discharge permit limitations penalties/charges or seek civil and criminal penalties pursuant to applicable city ordinance.

(M) Cease and desist orders. When the city finds that an industrial user has violated or continued to violate this sub-chapter, any permit or order issued hereunder, or any other pretreatment requirement, the city may issue an order to the industrial user directing it to cease and desist all violations and directing the user to:

(1) Immediately comply with all requirements; or

(2) Take appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(N) Administrative appeals of enforcement actions.

(1) An industrial user desiring to dispute any fine, penalty or other administrative enforcement action under this sub-chapter must, within ten days of receipt of notice of any action, file a written request for review with the City Council and the city administration.

(2) The request for review shall state any facts and mitigating circumstances which the IU wishes to be considered. Upon receipt of a request for review, the Council and city administration shall review the requests and any other information available. They shall render a written decision within 15 working days of receipt. The Council or city administration may sustain, reduce or eliminate any fine, and may modify any enforcement action upon a finding that:

(a) The original action of the city in imposing a fine or other enforcement action was based upon a substantial error of fact, which shall be stated;

(b) The original action of the city was based upon improper application of city ordinance or regulations to the facts, in which case the correct application shall be stated; or

(c) The user has presented mitigating facts or circumstances to the city which would justify modification of the original order.

(3) If the Council or city administration finds that the facts and application of this sub-chapter were correct, and mitigating circumstances do not justify modifying the original action, that shall sustain that action.

(O) Emergency suspensions. The city may suspend the wastewater permit of an industrial user, whenever suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the municipal wastewater system or which present or may present an endangerment to the environment.

(1) Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its discharge. In the event of an industrial user's failure to immediately comply voluntarily with the suspension order, the city may take steps as it deems necessary, including immediate severance of the sewer connection, to prevent minimize damage to the system, its receiving stream, or to any person. The city shall allow the industrial user to recommence its discharge when the user has demonstrated the satisfaction of the city that the period of endangerment has passed, and no repetition is likely, unless termination proceedings set forth in §51.096 are initiated against the user.

(2) An industrial user which causes or permits any discharge presenting immediate endangerment to the public or the environment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the city prior to the date of any show cause or termination hearing discussed elsewhere in this sub-chapter.

(P) Termination of permit.

(1) In addition to all other penalties and remedies in the sub-chapter, the city may terminate the permit of any industrial user. Violations of the conditions of this sub-chapter, wastewater permits or orders issued hereunder is subject to permit termination. Justification for permit termination include, but are not limited to the following:

(a) Violation of permit conditions;

(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;

(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; and

(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

(2) Prior to terminating a permit, the city shall notify the permittee of its proposed termination. A show cause opportunity under other sections identified in this sub-chapter will be offered.

(Q) Judicial enforcement remedies.

(1) Whenever an industrial user has violated or continues to violate the provisions of this sub-chapter, permits or orders issued hereunder, or any other pretreatment requirements, the city, may petition the courts for the issuance of temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order or other requirement imposed by this sub-chapter on activities of the industrial user.

(2) Other action as may be appropriate for legal and/or equitable relief may also be sought by the city. The court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

(Ord. 1941, passed 11-24-97) Penalty, see §51.999

§ 51.097 Additional Provisions Concerning Industrial Users

(A) Miscellaneous information. The city may request at any time reports, data or information from any user to ensure compliance with all applicable laws by the city and the user. The user shall promptly provide the city with any reports, data or information requested.

(B) Inspection warrants. Judges and magistrates authorized to issue search warrants may upon application of the city, issue an inspection warrant pursuant to this section. The warrant shall be allowed whenever the city has requested of the property owner or his/her agent access to any premises to ascertain information necessary to carry out the provisions of this sub-chapter and the request has been denied. Information necessary to carry out these provisions shall include, but not be limited to, verification of owner-supplied data.

(C) Confidential information.

(1) Information and data on an industrial user obtained from reports, questionnaires, permit application, permits and monitoring programs, and from city inspection and sampling activities shall be available to the public without restriction unless the industrial user specifically requests and is able to demonstrate to the satisfaction of the city that the release of the information would divulge information, processes or methods of production entitled to protection as trade secrets under applicable state laws.

(2) Wastewater constituents and characteristics and other “effluent data” as defined by 40 CFR 2,302 will not be recognized as confidential information and will be available to the public without restriction.

(3) When requested and demonstrated by the industrial user finishing a report that the information should be held confidential, the portions of a report which might disclose a trade secret or secret processes shall not be made available for inspection by the public but shall be made available immediately upon request to governmental agencies for uses related to this sub-chapter, the National Pollutant Discharge Elimination System (NPDES) program, and enforcement proceedings involving the person furnishing the report.

(D) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include:

(1) Fees for permit applications including the cost of processing applications;

(2) Fees for monitoring, inspection and surveillance procedures including the cost of reviewing, monitoring reports submitted by the industrial user;

(3) Fees for reviewing and responding to accidental discharge procedures and construction;

(4) Fees for filing appeals;

(5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this sub-chapter and are separate from all other fees, fines and penalties chargeable by the city.

(Ord. 1941, passed 11-24-97) Penalty, see §51.999

§ 52.01 Definitions

For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• Classification of Accounts The accounts of all consumers shall be classified by the Water Department as follows:

(1) Commercial. Water service to apartment and boarding houses, hotels, offices, office buildings, retail and wholesale commercial establishments, laundries, private schools and colleges, private hospitals and other like premises where water is not used primarily for industrial purposes.

(2) Industrial. Water service to manufacturing and industrial consumers, including aircraft and metal product manufacturers, public utilities, stockyards, packing houses, grain elevators, bottling works, food processors and similar enterprises. On premises where manufacturing is the principal business, all services shall be classified as Industrial.

(3) Miscellaneous. Water service for building and construction purposes to parties other than the city; for water sold at the pumping station; water service to circuses and other uses where the connection is of a temporary nature.

(4) Municipal. Water service for municipal and other public purposes other than public fire protection including usage for sewer and street flushing, street and sidewalk construction when done by the city; parks; schools; churches and Municipal buildings; county, state and federal agencies and departments.

(5) Residential. Water service to private residences of one family or more than one family when each is supplied through a separate meter.

• Consumer. Any person, firm or corporation furnished water by the Water Department.
• Consumer Service Line. A supply pipe installed, maintained and owned by the consumer extending from the outlet side of the meter to the premises served.
• Cross Connection. A connection direct or indirect, with water mains or street service lines leading to any other source of water or source of possible contamination.
• Master Meter. One meter measuring the water furnished to serve two or more premises.
• Meter. A mechanical device which measures and records the quantity of water furnished to the consumers.
• Meter Setting. A box, vault or tile, with coverings, containing a meter and connecting appurtenances.
• Premises.

(1) A building or group of buildings occupied by a family unit or business entity and used for residential, business or commercial purposes;

(2) A building or group of buildings used and operated as a hospital, educational or religious institutions;

(3) A separate dwelling unit within a structure designated for multi-family occupancy;

(4) A building containing areas and spaces separately rented to tenants;

(5) A single tract of land upon which areas are rented for occupancy by mobile homes used for residential purposes;

(6) A tract of land used for park, a playground or recreational purposes; or

(7) Any other structure or structures, public or private, the use or occupancy of which requires water and water service.

• Special Service. Any water service that involves the installation of facilities and equipment other than designated as standard service which involves a use of water other than for normal residential, commercial or industrial purposes.
• Standard Service. Facilities normally installed for residential, commercial or industrial usage not requiring special or unusual methods of installation, construction and engineering.
• Street Service Line. A pipe with appurtenances connected to a water main for the purpose of controlling the flow of water and extending from the water main to the inlet side of the meter.
• Water Main. A water pipe owned by the city under the control of its Water Department to which street service lines may be connected.
• Water Department. An administrative unit consisting of city personnel headed by a Superintendent of Waterworks designated by the City Manager to conduct all operations in connection with the supplying and furnishing of water and water service by the city to consumers in the city and environs pursuant to the provisions of this sub-chapter.

(Ord. 429, passed 6-14-61)

§ 52.02 Consent of Users; Service to be Furnished Only to Premises in Compliance with Rules

(A) Every person, firm or corporation using water from a city's waterworks system shall thereby be deemed to have consented and agreed to the terms and provisions of this sub-chapter and to have acknowledged the right of the Water Department to discontinue water services without notice in the event of failure of the consumer to make timely payment of all rates and charges herein below fixed and established or to otherwise comply with the terms and provisions hereof.

(B) Water service will be furnished only to premises complying with the applicable plumbing and sanitary codes and regulations of the city and state.

(Ord. 429, passed 6-14-61)

§ 52.03 Applications for Water Service, account set-up fee

(A)  Requests for water service shall be made at the office of the Finance Director/Recorder by or on behalf of the person, firm or corporation requesting water and/or water service.  Persons requesting water and/or water service will be bound by the terms of this subchapter and all rules and regulations as may be adopted by the City Council in implementation of this subchapter.  A non‑refundable account set‑up fee is due at the time of requesting water service. The account set‑up fee covers administrative costs including, but not limited to: setting up an account, reading the meter, verifying that water is on and other related matters.  The amount and duration of the account set‑up fee will be and is set by resolution of the City Council from time‑to‑time.

(B) If the application is for water service to premises not previously served, the following requirements shall be met:

(1) Where water mains exist adjacent to the property to be served and upon submission to the Water Department of information as to the location and nature of the premises to be served with water, the applicant will be furnished with information as to the proposed location of the meter setting.  If the customer's service line has been installed prior to the application for service, it shall be the applicant's responsibility to clearly mark the location thereof.  The Water Department shall have sole jurisdiction, however, to determine the location of the street service line, and the feasibility of a connection to the customer's service line.  It shall be the applicant's responsibility at his own expense to run his service line from the premises being served to the meter setting at or near the curb line.  Service pipes and connections from the water main to and including the meter setting shall be placed within the line of the public right‑of‑way and shall be installed at the consumer's expense by the Water Department.  The City Manager or his designee shall determine a reasonable installation charge based on the actual average cost.  All installation charges are payable in advance.

(2) Where water mains adjacent to the consumer's property have been installed under a construction reimbursement agreement as provided herein, the customer shall pay the construction charge established per front foot of property abutting the line in addition to all other charges prescribed.

(3) Where water mains adjacent to the consumer's property have been installed by the Water Department without assessment of the costs to the benefiting property, the consumer shall pay a construction charge to the city for exclusive credit to the utility fund as prescribed by resolution of the City Council.  The charges shall be in addition to all other charges.

(4) The applicant shall be responsible for the maintenance, repair and any leakage in the piping from the meter to place of use.  Installation of the consumer's service lines shall be done by the consumer personally or by a licensed plumber in accordance with city design and specifications and in accordance with the building and plumbing codes of the city.  Installation shall avoid cross connections.  Upon notification of the Water Department that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the Water Department and/or the City Plumbing Inspector.

(5) The Water Department shall determine the size of the meter to be installed, based upon information furnished by the applicant.  Any change in meter size requested by a consumer after the initial meter installation shall be granted insofar as is reasonable, but the entire cost shall be borne by the consumer.  In cases of dispute as to meter size, the Water Department shall have sole jurisdiction.

(6) The size of the street service line shall be determined by the Water Department based upon information furnished by the applicant.  However, in no case shall the street service line be the same size or any greater size than the water main to which it is connected.  Any change in size or location of the street service line after the original installation shall be done at the consumer's expense.  Installation charges cover all cost of excavation, installation, connecting and resurfacing from the water main to the point where the meter is installed, including the meter box and the meter.  Where service lines must be run a distance greater than 40 feet, the customer shall pay all costs incident to the excess footage.

(a)   Installation and maintenance.  The installation and maintenance of service connections shall be performed only by the duly authorized employees of the Water Department.

(b)   Meters.  Meters shall be installed at the customer's end of the service connection and shall be owned by the Water Department and installed at the applicant's expense.

(c)   Care of meter.  It shall be the duty of the property owner or his agent to keep the meter box free of debris and to take all reasonable precautions to protect the meter from freezing.  If the property owner or his agent shall neglect or refuse to protect the meter from freezing, he shall be charged with the cost of repairing any damage which may result from neglect or refusal.
(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3‑14-88; Am. Ord. 1736, passed 6-24-91; Am. Ord. 1913, passed 11-25-96; Am. Ord. 2160, passed 8‑10‑09)

§ 52.04 Water to be Metered; Installation of Meters and Street Service Lines

(A) All water furnished to consumers shall be metered, except in cases where the Superintendent of Waterworks shall determine that the nature of a particular usage necessitates a measurement by other means.

(B) The installation of meters and street service lines shall be in accordance with the following specifications and requirements:

(1) One and only one street service line, meter setting, and meter shall be installed for each premise.  Additional meters, meter settings, street service lines and other appurtenances may be installed as approved by the Superintendent of Waterworks, and all additional costs shall be borne by the applicant.

(2) Street service lines shall be at right angles to the water main and street service lines shall not be installed unless sufficient footage of water main exists adjacent to the premises requesting service to allow meter setting installation free of obstructions such as fences, trees, driveways, culverts, and mail boxes.

(3) The Water Department shall permit no master metering of water.  Each and every unit, business, or place of business shall be on a separate service and meter excluding service to transient occupancy such as hotel, motel, recreational vehicle park and Ahotel@ as defined by the transient room tax ordinance.  Where water is now supplied through one service to one or more separately owned premises through pipes previously installed, the Superintendent of Waterworks may, at his discretion, refuse to furnish water until separate services are provided.  However, if the owner of premises whereon more than one unit or business is receiving water through a single meter and approval for same is granted by the Superintendent of Waterworks, service may be continued under the following conditions:

(a) The minimum charge for the service shall be determined by multiplying the established minimum charge for the meter size installed in the service by the number of dwellings, units or businesses served through the single meter;

(b) For the purpose of calculating the charge for water used through the meter the established rate structure shall be revised as follows:  the number of gallons in each bracket of the established rate structure shall be increased by multiplying that number of gallons by the number of dwellings, units or businesses served through the single meter. (Ord. 429, passed 6-14-61; Am. Ord. 1972, passed 10-12-98)
Cross-reference: Transient room tax, see Chapter 112

§ 52.05 Water Meters

(A) It shall be unlawful for any person, firm or corporation to open, interfere with, injure, deface or in any way impair the working of any water meter. It shall also be unlawful for any person, other than a duly authorized representative of the Water Department, to remove any meter from its setting.

(B) No meter shall be installed or water used through a new consumer's service line until approval therefor has been obtained from the office of the City Plumbing Inspector.

(C) All meters now in service and hereinafter installed shall remain the sole property of the Water Department. Meters shall be installed only in public ways and it shall be unlawful for any person to obstruct access thereto by the Water Department.

(D) The Water Department shall have the right at any time to test meters but if the testing is not in pursuance of request of consumer, it shall be without charge.

(E) Whenever the Water Department finds a meter to be inoperative, an adjustment of charges for the preceding billing period shall be made by averaging the water used for the corresponding billing period of the three prior years, or, if the records are not extant, from the best other method practicable.

(F) Whenever the Water Department shall find a meter not measuring accurately according to the standards of the American Water Works Association, an adjustment of charges for the preceding billing period shall be made.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85) Penalty, see § 52.99

§ 52.06 Applications for Special Service; Requirements

Applications for special service shall be made in writing in the same manner as required for standard service and shall, in addition, conform to the following requirements:

(A) Applications for private fire service connections shall have attached a sketch showing pipes, valves, hydrants, tanks, openings and appurtenances contemplated. The sketch shall be submitted on a scale of one inch equals 50 feet. The applicant shall be required to pay the entire cost of the installation, including the connection to the main and necessary appurtenances. All new private fire service connections with the exception of the so-called “dry type” may be metered. All materials shall be approved by the Water Department, and all fire service lines must be provided with a suitable gate valve outside the building at or near the property line. The valve installed at the water main shall be under the exclusive control of the Water Department. All fire service lines shall be used exclusively for extinguishement of fires and no connection from any other use may be attached thereto. The size of fire service connections shall in no case be smaller than four inches and in no case attached or tapped to a water main of less than six inches. In the event a main extension is required for private fire service connection, the costs of same shall be borne by the applicant.

(B) All miscellaneous special service shall be installed and maintained at the sole cost of the applicant and an advance of the estimated costs of installation shall be required as a condition precedent to the granting of the application. The billing for the service shall be determined by the Water Superintendent.

(C) Any customer requiring pressures higher than normally maintained in the system, or abnormal quantities of water for fire protection or other special purposes, shall provide additional pumping and storage facilities within his or her property and shall also pay for the additional expense to the city in providing additional transmission mains or other facilities required to provide the special service, either through rates or through contributions to the construction of additional facilities.

(D) Service of a special nature will be rendered only at the option of the city and under conditions which will not interfere with normal service to other customers.

(Ord. 429, passed 6-14-61) Penalty, see § 52.99

§ 52.07 Consumer Deposits

(A) A separate account of each consumer deposit shall be made showing the date on which the deposit is received, the name of the depositor, and the amount thereof. The city shall pay to the consumer making the deposit (and to consumers who have made deposits prior to the enactment of this sub-chapter) interest at a rate as established by resolution of the City Council, the interest to be credited on the first day of January succeeding the deposit and on the first day of January thereafter, and shall be payable at the Finance Director/Recorder's office in the City Hall, in cash, on demand of the depositor. Any interest credited shall be subject to call and payment at any time, but shall not draw interest.

(B) Upon discontinuance of service the deposit shall be returned to the consumer together with unpaid interest on the same provided all bills for water, repairs, or other services rendered have been paid by the consumer and the consumer surrenders the original deposit receipt.

(C) The advance deposit, together with the interest due thereon, may be applied to the payment of any accrued bills, or bills due on discontinuance of service.

(D) Deposits received from consumers as security for the payment of service which remain uncollected for a period of two years after the discontinuance of service to the consumer may be transferred to the waterworks fund. The deposit money may be invested from time to time by the city.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85)

§ 52.08 Water Service Charges

(A) Miscellaneous charges.

(1) When water service shall have been terminated for any cause other than temporary discontinuance in the manner provided below, the consumer shall be charged a sum of money as established by resolution of the City Council to cover the cost of shutting off water service, and in the event the service is reinstated, shall be charged an additional amount as established by resolution of the City Council to cover the cost of reinstating the service.

(2) If a consumer requests inspection and testing of a meter, a sum of money as established by resolution of the City Council as a testing fee shall be paid. If upon examination and test conducted in the presence of the consumer or his or her representative the meter is found to be inaccurate according to the standards of the American Water Works Association, a meter will be substituted and the water bill for the preceding billing period shall be adjusted.

(3) Any consumer desiring to discontinue temporarily the use of water must make application therefor at the office of the Finance Director/Recorder not less than two days prior to the date on which the service is desired to be discontinued, and after the effective date of the discontinuance all charges for water and water service shall cease for the period during which the service shall be shut off, provided that the period of discontinuance shall not be less than 30 days.

(B) All water bills rendered in accordance with the regular schedule of meter rates are due and payable when rendered and must be paid at the City Hall on or before ten days thereafter.

(C) This governing body retains continuing jurisdiction and authority to change from time to time the schedules of rates and charges and the regulations herein provided as changes shall be determined expedient and necessary.

(D) Charges for water used shall be as established by the City Council by resolution.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85)

§ 52.09 Billing; Delinquency

(A) All bills for water and water services shall be rendered monthly at the same time that bills for sewage services rendered by the sanitary sewage treatment plant and system of the city are rendered; provided, however, that bills for miscellaneous accounts shall be rendered at times as shall be determined by the Superintendent of Waterworks in each separate instance. The officers or employees of the city charged with the duty of preparing bills for water and water service shall calculate the amount thereof and shall add the same to the amount of any bills presented to the consumer for sewage service, and the bills shall be collected as a combined bill for water and sewage service furnished the consumer.

(B) All water bills shall be paid at the City Hall in the city or at other places as may be designated by the City Manager. All bills unpaid ten days after date of issuance shall be considered delinquent and an additional charge of 5% shall be made on the gross amount of the billing and notification by mail shall be given to the consumer at the address of the premises being served that the bill, with the 5% delinquency charge, shall be paid within ten days or water service to the property will be disconnected and a disconnection charge in an amount of money established by resolution of the City Council will be assessed. Notification of termination of water service may be made by mail or hand delivery or posting at the consumer's place of use. If the bill not be paid within the period of ten days, water service to the property shall be disconnected and the service to the delinquent consumer shall remain disconnected until the consumer shall pay the full amount of all water and sewer bills, including the delinquency charge and also the disconnection charge and a reconnection charge in amounts of money as established by resolution of the City Council. It shall be the duty of the representative of the city at the time in charge of the collection of water bills to notify the Superintendent of Waterworks of all delinquencies in the payment of monthly bills and the Superintendent shall proceed immediately to disconnect the water service to any consumer who is in arrears for the period herein before specified.

(C) Water service may also be shut off to any consumer by the Water Department without notice if the consumer shall tamper or in any way interfere with any meter, connections, service pipes, valves or other appurtenances belonging to the city or for any violation by a consumer of the terms of this or any other applicable ordinance of the city or the statutes of the state relating to the waterworks system.

(D) In instances where the public health, safety or welfare so requires, the Water Department shall have the right to shut off the flow of water in its mains without notice but will endeavor insofar as possible to notify consumers affected of the intention to so interrupt the service. Interruption of service under the conditions shall not give rise to any claim on the part of any consumer against the Water Department of the city.

(E) The Water Department does not guarantee to maintain any specific water pressure for its service and no complaint concerning the pressure shall give any right of claim against the city or the Water Department.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85; Am. Ord. 1926, passed 4-14-97)

§ 52.10 Use of Fire Hydrants; Unauthorized Use of Waterworks System

(A) Water necessary for municipal uses, such as the flushing of streets and sewers, street sweepers and dust control may be obtained from fire hydrants by authorized employees of the city. The use of water shall not be construed to include or authorize its use in connection with paving, sewer or other construction of public improvements performed by private contractors.

(B) It shall be unlawful for any person, firm or corporation to use water from any part of the waterworks system of the city without proper permit or other authority therefor from the Water Department. It shall further be unlawful for any person, firm or corporation, other than an authorized representative of the city, to shut off or turn on water from any part of the city's waterworks system, including fire hydrants; provided, however, that nothing in this section contained shall be construed as prohibiting plumbers duly licensed under the ordinances of the city from turning on or shutting off water service if such is necessary in the course of the work in which they are engaged.

(Ord. 429, passed 6-14-61) Penalty, see § 52.99

§ 52.11 Service Refused to Premises with Conditions Leading to Contamination

The Water Department may refuse to deliver water to any premises whereon any condition exists which might lead to the contamination of the public water supply and may continue to refuse the delivery of water to any premises until the condition is remedied.

(Ord. 429, passed 6-14-61)

§ 52.12 Shut-Off Water not to be Turned on by Unauthorized Persons

After the water has been shut off by the city, if it should be turned on by any person but the Water Superintendent or a person authorized by him, the meter will be removed, and it will not be replaced until the cost of removing and replacing the meter in addition to all charges and arrearages due have been paid.

(Ord. 429, passed 6-14-61) Penalty, see § 52.99

§ 52.13 Unlawful Acts

It shall be unlawful for any person, firm, or corporation not authorized by the city to do, commit or assist in committing any of the following things or acts in the city:

(A) To open or close any fire hydrant or stopcock connected with the waterworks system of the city, or lift or remove the cover of any gate, valve or shutoff thereof;

(B) To interfere with, destroy, deface, impair, injure or wantonly force open any gate, or door, or in any way whatsoever destroy, injure, or deface any part of any reservoir, standpipe, tank, building or buildings, or appurtenances, fences, trees, shrubs, or fixtures or property appertaining to the waterworks system;

(C) To go upon or ascend the stairway or steps on any elevated water storage tank, reservoir, or standpipe of the waterworks system;

(D) To place any telegraph, telephone, electric light pole, or any obstruction whatsoever within three feet of any fire hydrant;

(E) To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the city regulations or ordinances;

(F) To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the waterworks system, or to turn on or off the water in any street hydrant or other public water fixture or to hitch or tie any animal thereto;

(G) To make or permit to be made any connection with the main or service pipes of the waterworks system, or to turn on or use the water of the system without first obtaining a permit therefor;

(H) To cover over or conceal from view any water valve box, service or meter box;

(I) To remove any water meter that has been placed by the city, or to in any manner change, interfere with or with any water meter;

(J) To turn on the water supply to any building or to any supply pipe where the supply has been turned off for the nonpayment of the monthly water charge or for the violation of any rule, regulation, or ordinance of the city.

(Ord. 429, passed 6-14-61) Penalty, see § 52.99

§ 52.14 No Resale or Distribution of Water

No water shall be resold or distributed by the recipient thereof from the city supply to any person except upon application to and approval by the city. City water may be resold or distributed only at the rates, charges and fees established by the city and subject to the other conditions as deemed reasonable by the city.

(Ord. 429, passed 6-14-61; Am. Ord. 1967, passed 9-14-98) Penalty, see § 52.99

§ 52.15 Construction of Water Mains

(A) The minimum size of water mains required to serve any part of the city shall be eight inches in diameter. Any developer or subdivider shall install the necessary water system and all appurtenant work at its sole expense. Should a development require water main sizing in excess of eight inches, the City Manager, or his/her designee, will make the final decision on the size of mains required to be installed by the developer or subdivider. If the City Manager, or his/her designee, requires the developer or subdivider to install water lines in excess of eight inches in order to provide for future water line capacity, the City Manager, or his/her designee, may negotiate a reimbursement agreement with the developer or subdivider for the balance between the developer's or subdivider's actual cost for materials of eight inch water mains and the size required by the city, subject to budget fund availability. Only the cost for increases in materials is reimbursable.

(B) When any individual constructs a water main through undeveloped areas, or adjacent to property not currently served by the municipal utility, the individual initiating construction shall be required to pay for all construction in the manner provided in this sub-chapter. If no assessment for improvement is levied against adjacent property, the individual may request a reimbursement agreement with the city. The agreements shall provide for the city to collect a construction charge from any individual who connects a service connection to the main; charges to be established based on a front foot or area basis shall not exceed the actual installation cost of the system. All agreements shall preclude any payment for individuals connecting a water main as described herein to the furthest extent of the water mains included in the agreement.

(C) An individual's right to reimbursement through agreements shall not exceed ten years from the date of the completion of construction of the covered main. All payments to the original installer shall cease at the expiration of the agreement. A construction charge as provided herein may be collected by the city subsequent to the expiration of the agreement. Any fees so charges shall be credited to the utility fund exclusively for the improvement of production or distribution facilities of the city. This section shall not affect those agreements in place at the time of adoption of Ordinance 429.

(D) The city may establish a charge by front foot or area for all mains within the municipal system installed by municipal contract or by municipal employees. Charges shall be established by resolution of the City Council and shall be payable when benefitted properties connect to the water system.

(1) The construction charge shall apply to property which is not served by the water system at the time of construction and is not assessed for the costs of improvements. The construction charge established may vary by project and area dependent upon the costs of construction of the improvements.

(2) All construction charges shall be paid in addition to all other fees prescribed in this ordinance. Failure to pay the charges, or provide for a payment agreement, shall be cause for denial of water service.

(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3-14-88; Am. Ord. 2028, passed 12-18-00)

§ 52.25 Purpose and Intent

(A) Whenever the City Council by resolution declares that a water shortage emergency condition prevails in the area served by the city due to drought conditions and that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply of the city to the extent that there would be insufficient water for human consumption, sanitation and fire protection, this sub-chapter shall be in effect until the City Council by resolution declares the emergency conditions over. This sub-chapter establishes a first and second level of water curtailment to be initiated as water shortage conditions prudently dictate.

(B) In order to conserve the city's water supply for the greatest public benefit with particular regard for domestic use, sanitation and fire protection, the City Council hereby adopts the following regulations and restrictions on the delivery and consumption of water to take effect immediately upon the passing of a resolution declaring an emergency.

(C) The specific uses regulated or prohibited in this sub-chapter are nonessential, and if allowed would constitute wasted water and shall be regulated.

(Ord. 1822, passed 6-28-93)

§ 52.26 Definitions

For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• Customer. Any person using water supplied by the city.
• Person. Any person, firm, entity, partnership, association, corporation, company or organization of any kind.
• Water.Water from the city, unless expressly provided otherwise or required by the contract.

(Ord. 1822, passed 6-28-93)

§ 52.27 Application of Provisions

The provisions of this sub-chapter shall apply to all customers using water provided by the city.

(Ord. 1822, passed 6-28-93)

§ 52.28 First Level of Curtailment

(A) Nonessential residential uses defined; prohibiting nonessential water use. Uses of water for residential purposes in excess of the following daily usage allotment are determined to be nonessential and are prohibited:

(1) The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane or other vehicle, except at a commercial fixed washing facility existing prior to the enactment of this sub-chapter or one that recycles and/or reuses the water.

(2) The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced area, or building or structure.

(3) The use of water to fill, refill or add to any indoor or outdoor swimming pools or jacuzzi pools except for neighborhood fire control (when deemed needed by the City Manager), where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor's prescription.

(4) The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support pre-existing fish life, e.g. goldfish, etc.

(B) Nonessential commercial or industrial use. The following commercial or industrial water uses are hereby determined to be nonessential and are prohibited:

(1) The use of water to serve a customer in a restaurant unless requested by the customer;

(2) The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life;

(3) The use of water from hydrants for construction purposes, (unmetered), fire drills or any purpose other than fire fighting;

(4) A minimum of 15% reduction in the use of water by a cemetery (owned by a separate taxing district), golf course or similar outdoor sport activities to irrigate any portion of its grounds except those areas designated as tees and greens or similar limited areas;

(5) The use of water for dust control.

(C) Gutter flooding. No person or customer shall cause or permit water to run to waste in any gutter or drain.

(D) Regulation of applications for new water service. No applications for new, additional, further expanded or increased- in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the period of this emergency, except for replacement of leaking water lines and interties (looping) of system.

(E) Discontinuance of service.

(1) The City Manger may, after one warning by certified mail or in person by staff, disconnect the water service of any person or customer whenever he determines that the person or customer has failed to comply with any provisions of this sub-chapter. Service so disconnected shall be restored only upon payment of the turn-on charge, in an amount of money as established by resolution of the City Council, or as otherwise specified by law, and any other costs incurred by the city in the discontinuance of service and the giving of suitable assurances to the city that the action causing the discontinuance will not be repeated.

(2) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer's service.

(F) Variances.

(1) The City Manager may in his sole discretion, in writing, grant temporary variances for prospective uses of water otherwise prohibited after determining that due to unusual circumstances to fail to grant the variance would cause an emergency condition affecting health, welfare, sanitation or fire protection of the applicant or the public.

(2) No variance shall be retroactive or otherwise justify any violation of this sub-chapter occurring prior to issuance of the temporary variance.

(Ord. 1822, passed 6-28-93) Penalty, see § 52.99

§ 52.29 Second Level of Curtailment

In addition to the restrictions in §52.28, the following curtailments are to be enforced:

A) One or two residential units - daily usage allotment.

(B) Multi-residential units.

(1) Daily usage allotment for each unit shall be 100 gallons per day.

(2) Each customer in whose name water is supplied to a residence, or residences or apartment or other dwelling units, shall upon request of the City Manager advise the city under penalty of perjury the number of permanent residents using water supplied to the residence, residences, apartments or other dwelling units. If the customer fails to advise the City Manager, each residence, apartment or dwelling unit shall be permitted the water allocation herein provided for one permanent resident.

(C) Nonessential commercial uses defined. Uses of water for commercial purposes in excess of the following amounts are determined to be nonessential and are prohibited:

(1) The use of water for schools (irrigation), parks, cemeteries, recreation areas, golf courses, community food gardens, residential gardens, and similar recreation or memorial type facilities in excess of 75% of the amount consumed in the same time period of the previous year.

(2) The use of water for schools (domestic), for nursery facilities, restaurants, shopping centers, gasoline service stations, health and swim clubs, and all other commercial uses in excess of 90% of the amount consumed in the same time period as the previous year.

(D) Nonessential industrial uses defined. Uses of water for industrial purposes in excess of the following amounts are determined to be nonessential:

(1) The use of water for manufacturing, food processing, cooling or cleaning of equipment in excess of 85% of the amount consumed in the same time period as the previous year. Customers may, with proper documentation of need, obtain a variance from the City Manager, granting the level of relief needed.

(2) The use of water for agricultural irrigation in excess of 75% of the amount consumed in the same time period as the previous year.

(E) Other nonessential uses. All other uses of water not expressly set forth in this subchapter in excess of 75% of the amount consumed in the same time period as the previous year are determined to be nonessential.

(F) Determination of amount of prior water consumption. The amount of water consumed in the same time period as the previous year shall be determined by the city from its records. Where no records exist, the amount shall be the average use of similar existing services as determined by the city from its records.

(G) Evaluation of applications for new water service. No applications for new, additional, further expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the time this emergency is declared by City Council resolution to be in effect, except for replacement of leaking water lines, making interties (looping), areas where the pressure provided by the city is very low and relief can only be obtained by providing a larger service line(s).

(Ord. 1822, passed 6-28-93)

§ 52.30 Enforcement

Each city law officer of the city's police force shall diligently enforce the provisions of this sub-chapter. All employees of the city, Public Works Department and Fire Department have the duty and are hereby authorized and directed to notify the City Manager of violations of the provisions of this sub-chapter.

(Ord. 1822, passed 6-28-93)

§ 52.31 Variances

(A) The City Manager in his sole discretion may, in writing, adjust any consumer's usage allotment if it is determined that due to unusual circumstances to fail to do so would cause an emergency condition affecting health, sanitation or fire protection of the applicant or the public.

(B) No variance or adjustment shall be retroactive or otherwise justify any violation of this sub-chapter occurring prior to issuance of temporary variance or adjustment.

(Ord. 1822, passed 6-28-93)

§ 52.32 Provisions Controlling

The provisions of this sub-chapter shall prevail and control in the event of any inconsistency between this sub-chapter and any other rules or regulations of the city.

(Ord. 1822, passed 6-28-93)

§ 52.99 Penalty

(A) Any person violating any of the provisions of §§52.01 through 52.15 commits a Class A violation.

(Ord. 429, passed 6-14-61; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)

(B)

(1) Any person violating any provision of §§52.25 through 52.32 commits a Class A violation.

(2) After notice, each day is a separate violation. In addition, the City Manager may, after written or personal warning, disconnect the water service of any customer that repeatedly violates §§52.25 through 52.32. Water service disconnected shall be restored only upon payment of any turn-on charge and any other costs incurred by the assurances that the action causing the discontinuance will not be repeated.

(3) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer's service.

(Ord. 1822, passed 6-28-93; Am. Ord. 1976, passed 10-26-98)

§73.01 Bicycle to be in Safe Condition: Compliance with Laws

It shall be unlawful for any person to ride or operate a bicycle in the city unless the bicycle is equipped as otherwise provided in this chapter and unless the bicycle is in safe mechanical condition. Every person riding or operating a bicycle on any street, alley, or public place in the city shall be subject to all provisions of the laws of the state and the ordinances of the city applicable to the drivers of vehicles, except the provisions thereof that by their very nature can have no application.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.02 Compliance with Traffic Signals

Every person operating a bicycle in the city shall stop for all stop signs and traffic signals.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.03 Unlawful to Ride on Sidewalk in Commercial Zone

It shall be unlawful to ride or operate a bicycle on any sidewalk in the city inside of the commercial zone. It shall be lawful to ride or operate a bicycle on any sidewalk in the city outside of the commercial zone.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.04 Riding Abreast

Every person riding or operating a bicycle on any street, alley, or public place in the city shall keep the bicycle on the extreme right of the traffic lane, and it shall be unlawful for two or more operators of bicycles to travel abreast on any street, alley, or public place in the city or to operate the bicycle on traffic lanes otherwise than in single file.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.05 Clinging to Moving Vehicles

No person riding or operating a bicycle in the city shall cling or attach himself or his bicycle to any other moving vehicle or person in any other vehicle.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.06 Single Riders

No person shall operate or ride on any bicycle upon the streets, alleys, or public highways of the city two or more persons upon the same bicycle; provided, however, that this restriction shall not apply to tandem bicycles or other bicycles equipped for two or more riders.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.07 Carrying Articles

No person riding or operating a bicycle in the city shall carry any package, bundle, or article which prohibits the rider from having full control of the bicycle at all times.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.08 Racing; Trick Riding

(A) Racing. No person riding or operating a bicycle upon a public highway or street shall participate in any race, speed,or endurance contest unless such race or endurance contest has the written permission of and is under supervision of the Chief of Police.

(B) Trick riding. No person riding or operating a bicycle shall perform or attempt to perform any acrobatic fancy, or stunt riding upon any public highway or street in the city

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.09 Parking Regulations

(A) No person shall park any bicycle against windows or parking meters or on the main traveled portion of the sidewalk nor in such manner as to constitute a hazard to pedestrians, traffic, or property.

(B)If there are no bicycle racks or other facilities intended to be used for parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.10 Speed

No person shall ride or operate a bicycle faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard to the safety of the operator and other persons upon the streets, sidewalks, and public highways of the city.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.11 Riding on Parks, Playgrounds and Schools

No person shall ride or operate a bicycle upon any playground, park, or school ground where children are playing without permission of the person having supervision thereof.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.12 Turns

(A) Turning. Every person riding or operating a bicycle upon the streets and highways of the city shall turn only at intersections except as otherwise provided herein.

(B) Right turn. Every person riding or operating a bicycle intending to turn to the right at an intersection or into an alley or driveway, shall approach the turning point in the line of traffic nearest the right-hand curb of the street.

(C) Left turn. Every person riding or operating a bicycle intending to turn left at an intersection or to enter an alley or driveway shall approach the joint of turning in the line of traffic nearest to the center of the roadway. The operator of a bicycle in turning left at an intersection shall pass to the right of the center of the intersection before turning unless otherwise directed by markers, buttons, or signs.

(D) U-turns.

(1) No bicycle shall be turned in any business district so as to proceed in the opposite direction, except at intersections.

(2) No bicycle operated in a residence district shall be turned so as to proceed in the opposite direction when any other vehicle is approaching from either direction within 200 feet, except at an intersection.

(E) Turn right against red light. The operator of a bicycle which is stopped as close as practicable to the entrance of an intersection in obedience to a red light or stop signal may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, unless a sign has been posted at the intersection prohibiting such turn.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.13 Crossing

The operator of a bicycle on leaving an alley or driveway, when his view of either the sidewalk or street area is obstructed shall stop such bicycle immediately prior to riding upon such sidewalk or street area.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.14 Signals

No person shall turn a bicycle or stop a bicycle which he is riding or operating unless such movement can be made with safety, and then only after giving an appropriate signal during the last 50 feet traveled by the bicycle before turning or stopping.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.15 Accidents

(A) The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and he shall give his name, address, and the license number of his bicycle to the person with whom he was in collision, and he shall obtain the same information from the other person.

(B) It shall be the duty of the bicycle operator to make a written report of any accident resulting in death or injury to the Police Department with 24 hours of such accident.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.25 Certificate Required

It shall be unlawful for any person to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, highways, or alleys of the city without first obtaining from the Police Department or its authorized agent a certificate therefor.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.256 Issuance of Certificate by Police; Records

(A) The Police Department is hereby authorized and directed to issue bicycle certificates of title which shall be good until revoked. Such certificates, when issued, shall entitle the holder thereof to operate such bicycle for which the certificate was issued upon the streets, alleys, or public highways of the city, exclusive of the sidewalks, except as hereinafter provided.The Police Department may issue a bicycle certificate of title for a bicycle when so requested by the owner. The Police Department shall charge a fee for issuing a certificate as established by resolution of the City Council.

(B) The Chief of Police may issue to each bicycle dealer certificate of title forms which shall be executed in duplicate at time of sale of each bicycle, the original thereof which shall be delivered to the purchaser, the duplicate forwarded within 24 hours to the Chief of Police. The certificate of title form shall include such information as the make and model of the bicycle sold, the color thereof, the frame number, date of sale, name and address of purchaser, and such other information as the Chief of Police may direct. There will be no fee for the issuance of such certificate. (C) The purchaser shall promptly take the certificate to the Police Department which shall issue a number therefor, and will cause the identical number to be stamped upon the underside of the sprocket of the bicycle. The Police Department will maintain a record of the bicycle by name and address of certificate holder, together with complete description of the bicycle and any other information which might serve to promptly identify the bicycle.

(Ord. 558, passed 12-22-65)

§73.267 Safe Mechanical Condition

Every person desiring a bicycle certificate must satisfy the Chief of Police or his authorized agent that the bicycle for which the applicant desires to secure license plates meets the following requirements as to safe mechanical condition.

(A) Brakes. Every bicycle shall be equipped with a brake adequate to skid the front or rear tire of the bicycle upon application of the brake.

(B) Warning devices. Every bicycle may be equipped with a horn or bell capable of emitting sound audible for a distance of not less than 100 feet under normal conditions.

(C) Sirens and whistles. It shall be unlawful to equip a bicycle with a siren or whistle.

(D) Handlebar grips. Every bicycle that is equipped with handlebar grips must have the grips securely glued or cemented to the handlebars.

(E) Carriers. Every bicycle equipped with a carrier must have the carrier securely attached to the bicycle.

(F) Stands. Every bicycle should be equipped with a stand of either kick or “U” type.

(G) Lights. Every bicycle operated at any time from a half-hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person or vehicle on the streets or sidewalks shall be equipped with a lamp affixed to the front of the bicycle, which lamp shall exhibit a white light visible for a distance of 500 feet from the front of the bicycle, and the bicycle shall be equipped with a red lamp or reflector affixed to the rear fender, which shall exhibit a red light visible for a distance of 300 feet from the rear of the bicycle.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.99 Penalty

Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in 10.99 commits a Class A violation.

(Ord. 558, passed 12-22-65; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)

§90.01 Definitions

For the purpose of §§90.03 through 90.05 only, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• Persons. Any natural person, firm, corporation, partnership, association or other legally identifiable group, whether he or it is acting for himself or itself or as the clerk, servant, employee or agent of another.
• Premises Open to the Public. Has the same meaning as that set forth in ORS 801.400.

(Ord. 1976, passed 10-26-98)

§90.02 Animals Running at Large Prohibited

No person, persons or corporation owning or having possession or control of any livestock or poultry shall allow the livestock or poultry to run at large or to be or remain at large upon the streets, sidewalks, public grounds or unfenced lots or grounds within the limits of the city. Hereafter in this chapter whenever the word “animal” or “animals” is used it shall mean and include any and all kinds of livestock or poultry.

(Ord. 4, passed 8-7-07; Am. Ord. 366, passed 9-11-57)

§90.03 Vehicles Injuring Animals

Any person operating a vehicle as defined by the motor vehicle laws of Oregon, upon any premises open to the public, who shall run over, strike, injure, maim or kill any animal shall immediately stop and render aid to the animal, if injured, or provide for the disposition of the carcass, if the animal be killed. If it is a domestic animal, the person shall make due and diligent inquiry to determine the owner of such and, if located, shall notify him of the occurrence.

(Ord. 1976, passed 10-26-98) Penalty, see § 90.99

§90.04 Killing of Birds

It shall be unlawful for any person to discharge any firearm, air gun, blow gun or other similar device, or throw any missile at any non-game bird with the intent to injure or kill the same.

(Ord. 1976, passed 10-26-98) Penalty, see § 90.99

Cross-reference:

Discharging of firearms, see §130.31

§90.05 Removal of Animal Carcasses

It shall be unlawful for any person to suffer or permit the carcass of any animal owned by them to remain upon any premises open to the public, and no person who is the owner or occupant of any property shall suffer or permit the carcass of any animal to remain thereon. It shall be the duty of the owner or occupant forthwith to cause the carcass to be disposed of in a manner approved by law.

(Ord. 1976, passed 10-26-98) Penalty, see § 90.99

§90.15 Definitions

For the purpose of this sub-chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• At Large. Any dog off the premises of the owner and/or not under the control of the owner or a member of his immediate family either by leash, cord, chain or otherwise.
• Dog. Both male and female.
• Owner. Any person or persons, firm, association or corporation owning, keeping or harboring a dog.

(Ord. 1503, passed 3-26-84)

§90.16 Dogs Running at Large: Impoundment Procedures

(A) It shall be unlawful for a dog to run at large or to be a public nuisance, and the owner of the dog shall be guilty of a violation of this chapter if the dog is found to be in violation.

(B) All dogs taken up and impounded under this section shall be held in an adequate and sanitary pound. Any dog so impounded shall be held for at least five days from the date of the impounding before being destroyed or otherwise disposed of. After any dog is impounded, the owner will be notified, or, if the owner of the dog is unknown, written notice shall be posted for three days at three conspicuous places in the city describing the dog and the place and time of taking. If the owner appears and redeems the dog, he shall pay, in amounts as established by resolution of the City Council, an impoundment fee and in addition a sum for each day, or part thereof, the dog was impounded, this fee being the actual cost of boarding the animal at the pound. The boarding fee will not be assessed for the first day of impoundment if the dog is taken after 8:00 pm. If no owner appears and redeems the dog within five days from its impounding or five days from the date the owner was notified or notices were posted, or if the dog was impounded as a public nuisance for killing or seriously injuring a person, it shall be killed in a humane manner; except that if, in the opinion of the Chief of Police, the dog is not dangerous and can be safely kept, the Chief of Police may release the dog to any responsible person upon receiving assurance that the person will properly care for the dog and not allow it to become a nuisance, and upon payment of a sum of money as established by resolution of the City Council, plus the cost of keeping during its impounding. The person shall thereafter be liable as owner of the dog.

(C) Notwithstanding the provisions of division (B) of this section, any dog impounded for biting a person shall be held for not less than ten days before redemption or destruction to determine if the dog is rabid.

(Ord. 1503, passed 3-26-84; Am. Ord. 1613, passed 10-27-86)

§90.17 Vaccination

It shall be unlawful for the owner to keep or maintain any dog unless it shall have been vaccinated by a licensed veterinary surgeon with anti-rabies vaccine within one year of the date on which the dog is kept or maintained.

(Ord. 1503, passed 3-26-84) Penalty, see §90.99

§90.18 Public Nuisances

A dog is a public nuisance if it:

(A) Bites or attempts to bite a person;

(B) Chases vehicles or persons;

(C) Attacks other dogs;

(D) Damages or destroys property of persons other than the owner of the dog;

(E) Scatters refuse;

(F) Habitually trespasses on private property of persons other than the owner of the dog;

(G) Disturbs any person by frequent or prolonged noises; or

(H) Is a female in heat and running at large.

(Ord. 1503, passed 3-26-84) Penalty, see §90.99

§90.19 Exceptions

A dog shall not be considered a public nuisance if he bites a person wrongfully assaulting the dog or the dog's owner, or if he bites a person trespassing upon premises occupied by the dog's owner after being provoked by that person.

(Ord. 1503, passed 3-26-84)

§90.20 Licenses and Records

(A) Every person owning or keeping any dog which has a set of permanent canine teeth shall, not later than March 1 of each year or within 30 days after he becomes owner or keeper of the dog, procure from the Finance Director/Recorder a license for the dog by paying to the Finance Director/Recorder a license fee. The license fee shall be in an amount as established by resolution of the City Council for each dog, except that the fee shall not be greater than a lesser amount as established by resolution of the City Council for each spayed female or neutered male dog for which a veterinarian's certificate of operation for the spaying or neutering of the dog is presented to the Finance Director/Recorder. If the person fails to procure the license within the time provided by this section, an additional penalty in a sum established by resolution of the City Council for each dog shall be assessed.

(B) The Finance Director/Recorder shall at the time of issuing the license and as a part thereof supply the licensee, without charge, with a suitable tag having legibly stamped with dies across one side thereof, to wit: year license issued, license No. and to be imprinted with “City of Hermiston, OR.” The tag shall be fastened by the licensee to a collar and kept on the dog at all times when not in the immediate possession of the licensee. The license fee shall be the only license or tax required for the ownership or keeping of a dog within the city.

(C) This section does not apply to dogs owned by dealers, breeders or exhibitors where they are kept in kennels exclusively for sale or exhibition purposes, or while the dogs are being transported by dealers, breeders or exhibitors to and from a dog show or fair. No license shall be required for the dogs kept for these purposes until they are sold or otherwise disposed of to another person.

(D) No license shall be required to be paid for any dog owned by a blind person who uses it as a guide. A license shall be issued for the dog upon filing with the Finance Director/Recorder an affidavit by the blind person showing the dog to come within this requirement.

(E) The Finance Director/Recorder shall keep a record of dog licenses in a special book for such purposes.

(Ord. 1503, passed 3-26-84)

§90.21 Destruction of Certain Dogs

(A) When a dog habitually runs at large and is so elusive, or when a dog shows obvious symptoms of being rabid, or if a dog cannot be impounded without grave risk, or if the dog is badly injured and suffering, the police officer may destroy the animal in the safest, most humane way available.

(B) When a dog has been found by the judge, in a judicial proceeding, to be of vicious temperament, the judge may order the destruction of the animal either by the owner or by the pound authorities should the dog have been impounded. Destruction will be performed in a humane manner and at the expense of the owner of the animal.

(Ord. 1503, passed 3-26-84; Am. Ord. 1613, passed 10-27-86)

§90.99 Penalty

(A) Anyone who violates any provision of this chapter for which another penalty is not specifically provided commits a Class A violation. (Ord. 4, passed 8-7-07; Ord. 1503, passed 3-26-84; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)

(B) Whoever violates §§90.03 through 90.05 commits a Class A violation. Any person who shall attempt to commit any of the offenses mentioned in §§90.03 through 90.05, but who for any reason is prevented from consummating the act, shall be guilty of an offense of attempt to commit as to that offense.

(Ord. 1976, passed 10-26-98)

§ 92.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• PEOPLE RESPONSIBLE.  The persons jointly and severally for abating a nuisance and liable for penalties upon conviction of a violation of this subchapter include:

(1) The owner of the property on which the nuisance originated.

(2) The person in charge of property, as defined in this section.

(3) The person who caused a nuisance, as defined in this subchapter or another ordinance of the city, to come into or continue in existence.

• PERSON.  A natural person, firm, general partnership, limited partnership, association, foundation, trust, limited liability company, or corporation.
• PERSON IN CHARGE OF PROPERTY.  An agent, occupant, lessee, contract buyer or other person having possession or control of property or supervision of a construction project.
• PUBLIC PLACE.  A building, way, place or accommodation, publicly or privately owned, open and available to the general public. (Ord. 1750, passed 10-28-91; Am. Ord. 1944, passed 11-24-97)

§ 92.02 Nuisances Affecting Public Health

No person shall cause or permit a nuisance affecting public health on property owned or controlled by him.  The following are nuisances affecting public health and may be abated as provided in this subchapter:

(A) Open vaults or privies constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with State Health Division regulations.

(B) Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city.

(C) Stagnant water that affords a breeding place for mosquitoes and other insect pests.

(D) Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.

(E) Decayed or unwholesome food offered for human consumption.

(F) Premises that are in a state or condition as to cause an offensive odor or that are in an unsanitary condition.

(G) Drainage of liquid wastes from private premises.

(H) Cesspools or septic tanks that are in an unsanitary condition or that cause an offensive odor.

(I) Mastics, oil, grease or petroleum products allowed to be introduced into the sewer system by a user connected to the sewer system. (Ord. 1750, passed 10-28-91)  Penalty, see 92.99

§ 92.03 Creating a Hazard

No person shall create a hazard by:

(A)  Maintaining, leaving, abandoning, discarding or storing in the open, in a place accessible to children, a container with a compartment of more than 12 cubic feet capacity and a door or lid that locks or fastens automatically when closed and that cannot be easily opened from the inside, including but not limited to ice boxes, refrigerators or freezers.

(B) Being the owner or otherwise having possession of property on which there is a well, cistern, cesspool, excavation, or other hole of a depth of four feet or more, and a top width of 12 inches or more and failing to cover or fence it with a suitable protective construction.

(Ord. 1750, passed 10-28-91)  Penalty, see ' 92.99 Cross-reference: Attractive nuisances, see '92.11

§ 92.04 Noxious Vegetation

(A) No owner or person in charge of property within 100 feet of a public access, roadway, adjacent or abutting streets, alleys, other adjacent or abutting properties, or from any combustible structure, including a fence, shall permit weeds or other noxious vegetation to grow upon his property over 15 inches high.  The owner or person in charge of property shall cut down, destroy or remove grass, shrubbery, brush, weeds, or other noxious vegetation as often as necessary to prevent them from becoming a fire hazard, or from maturing or going to seed.

(B) For purpose of this section, NOXIOUS VEGETATION means:

(1) Vegetation that is, or is likely to become:

(a) A health hazard;

(b) A fire hazard; or

(c) A traffic hazard, because it impairs the view of a public thoroughfare, or otherwise makes use of the thoroughfare hazardous.

(2) Weeds commonly known as puncture vines, sandburs, bull thistles, Canadian thistles, and star thistles  regardless of their height and or distance from public access, roadway, adjacent or abutting streets, alleys, other adjacent or abutting properties.  Blackberry bushes that extend into a public way or a pathway frequented by children or across a property line.

(Ord. 1750, passed 10-28-91; Am. Ord. 2159, passed 7-13-09)  Penalty, see ' 92.99

§ 92.05 Depositing Rubbish

No person shall deposit, on public or private property, rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property or would be likely to injure a person, animal or vehicle traveling on a public way.

(Ord. 1750, passed 10-28-91)  Penalty, see ' 92.99

§ 92.06 Trees

(A) No owner or person in charge of property that abuts on a street or public sidewalk shall permit trees or bushes on the property to interfere with street or sidewalk traffic.  An owner or