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HomeMy WebLinkAbout3029 Amending AMC Chapter 14 ORDINANCE NO. '30)Oj_ ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES, AMENDING AMC CHAPTER 14, PUBLIC UTILITIES, AND REMOVING UNNECESSARY REGULATIONS Annotated to show aelatians and additions to the code sections being modified. Deletions are bold .. ... . and additions are bold underlined. WHEREAS, Article 2. Section I of the Ashland City Charter provides: Powers of the Citv The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession; WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293, 531 P 2d 730, 734 (1975); WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City ordinance violations consistent with Oregon Statutes; WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless otherwise specified; this Chapter is being amended to specify classifications where appropriate. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 14.04.010 [Water System - Rates and Regulations - Regulations adopted] through 14.04.020 [Penalty for Violation] is hereby amended to read as follow: 11.01.010 Regulations adopted The "regulations goyeroing water sen'iee" marl.ed Exhibit "A" and on file in the offiee of the City Reeorder are incorporated into this ehapter as though fully set forth herein and they are the rules and regulations goveming the use aDd sale of water within and without the City from the municipal water system. 11.01.020 Penalty for violation Every person who willfully violatcs any of the provisions of Section 11.01.010 is, upon conviction, punishable as prcscribed in Section 1.08.010. Ordinance Amending Chapter 14 Page 1 of5 SECTION 2. A new Section 14.04.060 [Water System Rates and Regulations - Service Outside City Limits] is hereby added to codify existing Resolution 97-027, as follows: 14.04.060 Water Connections Outside City the Limits A. No premises located outside the City of Ashland may be connected to the city water system except as provided herein. B. Premises outside the city may be connected to the city water system only as follows: 1. Connections authorized by the council prior to June 18. 1997. 2. Connections authorized by the council for city or other l!overnmental . facilities. 3. Connections authorized by resolution of the council where the council finds: i. The connection is determined to be in the best interest of the City of Ashland and to not be detrimental to the City's water facilities or resources. ii. The applicant secures. in writinl!, a statement from the Environmental Health Division. Health Department. Jackson County, Orel!on, that the existinl! water system for the premises has failed. iii. The failed water system canuot feasibly be repaired or improved and there is no other feasible source of water for the premises. iv. An Ashland water main or line exists within 100 feet of the premises. v. The couuection is to premises within the city's urban l!rowth boundary. C. Connections authorized under section B.3. above shall be made only upon the followinl! conditions: 1. The applicant for water service pavs the water connection fee for connections outside the city and the systems development charl!es established by the City. 2. In the event dwellinl!s or buildinl!s connected to the water system are subsequently replaced for any reason, then the replacemeut buildiul! or dwellinl! may continue to be connected to the water system of the City as lonl! as the use of the water system will not be increased as determined by the Director of Public Works. 3. The applicant furnish to the City a consent to the annexation of the premises and a deed restriction preventinl! the partitioninl! or subdivision of the land prior to annexation to the City, sil!ned by the owners of record and Ordinance Amending Chapter 14 Page 2 of5 notarized so that it may be recorded by the City and bindinl! on future owners of the premises. The cost of recordinl! the deed restriction shall be paid by the property owner. 4. The property owner shall execute a contract with the City of Ashland which provides for: payment of all charl!es connected with the provision of water service to the property: compliance with all ordinances of the city related to water service and use; termination of service for failure to comply with such ordinances and that failure to pay for charl!es when due shall automatically become a lien upou the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recordinl! to be paid by the property owner. D. The requirements of this Section are in addition to, and not in lieu of. land use approvals and authorizations necessarv for extra-territorial extension of water service required by Orel!on law. E. A violation of any provision of this chapter shall be punishable as a Class I Violation as set forth in AMC 1.08. SECTION 3. Section 14.05.120 [Water Regulation and Cross Connection - Penalties] is hereby amended to read as follow: 14.05.120 Penalties A violation of this seetion any provision ohhis chapter shall be punishable as a Class I Violation as set forth in AMC 1.08. by a minimum fine of$SOO upon eon'fietion. SECTION 4. Section 14.06.090 [Water Curtailment - Penalties and Enforcement] is hereby amended" to read as follows: 14.06.090 Penalties and enforcement. The penalties for violations of this chapter shall be cumulative in that they may be in addition to, not in lieu of, other penalties, remedies or surcharges established by this chapter. A. A person shall not violate or procure, aid or abet in the violation of any provision ofthis chapter. A violation of any provision of this chapter is a Class II Violation Class B violation and shall be punished as set forth in section 1.08.020 of the Municipal Code. B. If a customer exceeds the maximum volume for more" than one billing period, the City may install a flow restricting device at the service meter which reduces water flow and pressure. For services up to one and one-half inch size the City may install a flow restricting device of two gallon-per-minute capacity, and for larger services, comparatively sized restricting devices for larger services, for a period of seven days. Before normal service will be restored, a flow restrictor installation and removal charge of $1 00 shall be paid by the person who subscribes for the water service. Ordinance Amending Chapter 14 Page 3 of5 C. Service may be terminated to any customer who knowingly and willfully violates any provision of this chapter. SECTION 5. Section 14.08.050 [Sewer System - Rates - Penalties] is hereby amended to read as follow: 14.08.050 Penalties Any person violating provisions of this chapter, includinl! failure to connect to an available sewer system. is guilty of an infraetion Class I Violation if convicted and shall be subject to the penalties as set forth in Section 1.08.020. SECTION 6. Section 14.09.01O.E [Sewer System - Regulations - Phosphate Ban] is hereby amended to read as follow: E. Penalty. Any person, firm, or eorporation violating any of the provisions of this chapter is, upon conviction. there of, punishable as deseribed in Seetion 1.08.020. l!uilty of a Class III Violation and shall be subiect to the penalties as set forth in Section 1.08.020. SECTION 7. Section 14.12.090.A. [Electric System - Regulations - General Provisions] is hereby added to read as follow: 14.12.090 General Provisions A. No one, but duly authorized employees of the City, is allowed to run any service wires on City poles or make any connection with City wires on City poles or underground or make any connection with City wires on service side of meter and all unauthorized persons are warned that they are liable for such connections under Section 164.365 IFelonv - Criminal MischieO Seetion lli1.620, Oregon Revised Statutes. SECTION 8. Section 14.12.095 [Electric System - Regulations - Penalties] is hereby added to read as follow: . 14.12.095 Penalties Any person violatinl! provisions of this chapter is l!uilty of a Class I violation if convicted and shall be subiect to the penalties as set forth in Section 1.08.020. SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in existence at the time any criminal or civil enforcement actions or other actions as required by state law, were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions or applications commenced and continued under the laws in effect at the time the matters were originally filed. Ordinance Amending Chapter 14 Page40f5 SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word "ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, and (ypographical errors and cross references may be corrected by the City Recorder, provided however that Sections 9 thru 11, unincorporated Whereas clauses and boilerplate provisions need not be codified. The foregoing ordinance was first read by title only in ac Section 2(C) of the City Charter on the ~ day of ~SED ood ADOPTED <hi, JI d'y of "~~ Barbara Christensen, City Recorder rdance with Article X, ,2010, ,2010. SIGNED and APPROVED this 1day of ~ud- ,2010. l, J Ordinance Amending Chapter 14 Page 5 of5