Chapter 21.24 Rules and Regulations

21.24.010 Animals Prohibited on Watershed or City Property.

(Repealed by Ordinance No. 183540, effective March 12, 2010.)

21.24.020 Fire Hydrants.

(Amended by Ordinance Nos. 180917, 181715 and 189256, effective December 21, 2018.)  It is unlawful for any person to operate, alter, change, remove, disconnect, connect with, or interfere in any manner with any fire hydrant owned or used by the City without first obtaining written permission from the Portland Water Bureau.  Penalties for unauthorized use of a fire hydrant are set in the annual water rate ordinance.  The provisions of this Section shall not apply to Portland Fire & Rescue of the City.

Public fire hydrants are available for use of the Fire Department in the suppression of fire within the City.  No other use of public hydrants shall be allowed except as provided in this Section and in Section 21.12.090 “Permit for Temporary Service," and 21.12.100 “Annual Fire Hydrant Permit.”  The Portland Water Bureau may permit short-term use of specified hydrants for activities such as tree spraying, street cleaning, ditch settling, building demolition, and related uses at the discretion of the Administrator, however, in each instance, a permit is required.  A Temporary Permit may be issued by the Portland Water Bureau for a period not to exceed 90 days, and an Annual Permit shall be issued for one year.  Upon application the permittee must present a Chapman type (slow closing) gate valve to the Portland Water Bureau to be tagged with a valid permit listing applicant's name, expiration date, and authorized locations.  The permittee shall be responsible for compliance with all city, state, and federal rules, regulations, and guidelines regarding the proper use and disposal of water.  Rates and charges for usage will be specified in the annual water rate ordinance.   Backflow protection shall be required on all potential hazards to the public water supply as determined by the Administrator or Chief Engineer.

All fire hydrants connected to the Portland Water Bureau's water system within the City and within the public right-of-way or an approved easement are the responsibility of the Portland Water Bureau for installation and maintenance.  Any hydrant connected to the system outside the City must be installed at the petitioner's expense, but shall be maintained by the Portland Water Bureau.  The petitioner shall be required to pay all expenses for additional hydrant installations to meet requirements of Portland Fire & Rescue and in all instances the Chief Engineer shall have final review and approval authority. 

The Portland Water Bureau may elect to allow a contractor to install to Portland Water Bureau standards, fire hydrants as part of the contractor’s Subdivision under Section 21.08.020 “Distribution Main Extensions Inside the City.”  The developer must install these hydrants at their own expense and transfer ownership to the Portland Water Bureau at such time as the main and appurtenances are accepted by the Portland Water Bureau to become part of the City system.

21.24.030 Water for Naval Vessels in Harbor.

(Amended by Ordinance No. 180120, effective June 9, 2006.)   The Bureau is authorized to furnish water to any visiting naval war vessel of the United States or to any visiting naval war vessel of any foreign country entering the harbor in the City, without payment.  All such connections shall require an approved backflow prevention assembly.

21.24.040 Access to Premises for Inspection.

To the full extent permitted by law, employees of the Bureau shall have free access, at proper hours of the day, to all parts of buildings and premises for the purpose of inspecting the condition of the water pipes and plumbing fixtures to determine whether cross-connections or other structural or sanitary hazards exist, and the manner in which the water is being used. Whenever the owner of any premise supplied by the Bureau restrains authorized City employees from making such necessary inspections or refuses access therefor, water service may be refused or discontinued.

21.24.050 Unlawful to Damage, Alter, or Tamper with Water Property.

It is unlawful for any person, without authority from the Bureau, to willfully damage, connect to, operate, alter, or otherwise tamper with any City water main, service, meter, meter box, hydrant, valve, or any other facility owned or operated by the Bureau.

21.24.060 Emergency Loan of Materials.

The Administrator may approve emergency loan of operating materials and equipment on a temporary basis to other governmental agencies, including water districts and municipalities, at their expense upon their written request, if such loan does not adversely affect the operation of the Bureau.

21.24.070 Impairment of Service to Other Properties.

(Amended by Ordinance Nos. 182053 and 189256, effective December 21, 2018.)  Where the use of water is intermittent or where such use produces extreme volume or fluctuations that may impair service to other properties, the Portland Water Bureau may require a property owner or their agent to provide, at the property owner’s expense, suitable equipment to reasonably limit fluctuations in use and pressures.

21.24.080 Administrative Rules, Procedures and Forms.

(Added by Ordinance No. 181715, effective April 2, 2008.)

A.  The Administrator of the Portland Water Bureau may adopt, amend and repeal administrative rules, procedures, and forms pertaining to matters within the scope of this Title and consistent with the provisions of this Title.

B.  Any adoption, amendment or repeal of a rule pursuant to this section requires a public review process.  Notice shall be published in a newspaper of general circulation in the Portland metropolitan area not less than forty-five, nor more than sixty, days before such public review process. The notice shall include the place and time of any public meeting on the proposal, the description and purpose of the proposal, the location at which copies of the full text of the proposal may be read or obtained, and the name of the person at the Portland Water Bureau to whom written comments or questions about the proposal may be directed.

C.  Forty-five days after publication of the notice, the Administrator shall record oral and written testimony concerning the proposed rule(s) at a public hearing.  The Administrator  has the power to establish and limit the matters to be considered at the hearing, to prescribe procedures for conduct of the hearings, to hear evidence and to preserve order.  The Administrator may continue any such hearing to another date.

D.  After considering comments received during the public review process and other relevant matters, the Administrator taking into consideration the comments received during the hearing shall either adopt the proposal, modify or reject it.

 E.  Unless otherwise stated, all rules are effective upon adoption by the Administrator of the Portland Water Bureau and shall be filed in the office of the Administrator of the Portland Water Bureau and in the Portland Policy Documents repository described in Chapter 1.07.  Notice of the adopted rule(s) shall be published in a newspaper of general circulation in the Portland metropolitan area within fourteen days of adoption.

F.   Notwithstanding paragraphs B. - E. of this section, an interim rule may be adopted without prior notice upon a finding by the Administrator that failure to act promptly shall result in serious prejudice to the public interest. Any rule adopted pursuant to this paragraph shall be effective for no longer than 180 days.

21.24.090 Enforcement.

(Added by Ordinance No. 181715, effective April 2, 2008.)

A.   Persons who fail to comply with the requirements or prohibitions of Title 21 or rules adopted under Section 21.24.080 are subject to enforcement actions by the City of the Portland.

B.  Violations.

1.   A violation occurs when any requirement or prohibition of Title 21 or rules adopted under Section 21.24.080 are not complied with.

2.    Each separate occasion is considered a separate violation. The Portland Water Bureau shall issue only one violation per prohibited use per day.

C.  Enforcement.  In enforcing any of the requirements or prohibitions of Title 21 or rules adopted under Section 21.24.080, the Administrator may:

1.   Issue warning notices;

2.   Issue notices of violation and orders to comply;

3.   Institute an action before the Code Hearings Officer;

4.   Impose civil penalties, in an amount not to exceed $500 per day or as otherwise specified elsewhere in Title 21 or the annual rate ordinance. These penalties shall be imposed for each day a violation continues to exist against any individual or business who does not comply with the provisions of this Title.  Each failure to comply shall be deemed a separate violation;

5.   Order the installation of facilities required by this Title as a condition of providing water service; or 

6.   Terminate water service.

D.  Appeal of enforcement action. A water user may appeal the Administrator's action within 30 days from the date the notice of enforcement is mailed, in accordance with procedures and timelines set out in Title 22 of the Portland City Code.  Such an appeal must include a copy of the action that is the subject of the appeal, must state the basis for the appeal, and must be filed with the Code Hearings Officer and the Portland Water Bureau.