Deschutes Valley Water District
DESCHUTES VALLEY WATER DISTRICT
RESOLUTION REGARDING CUSTOMER POLICY
WHEREAS, pursuant to ORS 264.306 provides that any district may adopt and promulgate regulations concerning the use of water and the property of the district. Said statute additionally provides that the Board of Commissioners may refuse to supply any building, place or premises with water where the user fails to pay for said usage; and
WHEREAS, ORS 264.308 provides that any district may require a reasonable cash deposit to ensure payment for the use of rental water to be furnished by the District; and
WHEREAS, ORS 264.314 provides that in case prompt payment of water rent or charge is not made, a District may shut off the water supply to the building, place or premises to which the District supplied water; and
WHEREAS, the Board of Commissioners of Deschutes Valley Water District desired to update the customer policy uniformly and incorporate as a Resolution of The Board of Commissioners; now therefore,
IT IS HEREBY RESOLVED that The Deschutes Valley Water District Customer Policy is as follows:
IT IS FURTHER RESOLVED that said Customer Policy may be modified periodically and is not all inclusive of the rights of The District or the obligations of its customers; now therefore,
The Board of Commissioners of Deschutes Valley Water District adopt the following policy:
DESCHUTES VALLEY WATER DISTRICT CUSTOMER POLICY
The Board of Commissioners of Deschutes Valley Water District "the Board" recognizes that through the course of business situations occur that require a consistent and non-discriminatory resolution. The following policy describes actions to be taken by Deschutes Valley Water District "the District" staff. The Board retains the right of Management to alter resolutions and actions listed in this policy so as to fit individual circumstances.
The business activities covered are, but not limited to, the following:
1. Rental Deposits
2. Notice of Termination of Service
3. Late Payments
4. Collections and Termination of Service
5. Disconnection and Reconnection
6. Property Owner Responsibility for Payment
7. Time Payments of Past Due Water Bills
8. "Off-not-out" Services
9. Illegal Connections
10. Protection of Household Supply of Water
1. RENTAL DEPOSITS
Renters requesting water service are required to pay a deposit of $100 before service is established. A customer may not transfer a deposit within the District’s distribution system. When a rental customer requests termination of service, the deposit will be applied to the final water bill. If there is a balance after the deposit is applied to the final water bill it will be refunded to the customer. Refund checks not negotiated within six (6) months will be voided and the funds transferred to the General Fund of the District.
2. NOTICE OF TERMINATION OF SERVICE
The District may refuse to supply any building, place or premises with water where the user fails after five days written notice to comply with the regulations as set forth below. The written Notice of Termination of Service shall be first-class mail or shall be posted in some conspicuous place on the building, place or premises to which the supply of water may be shut off. When the Notice of Termination of Service is mailed, it shall be deemed given when it is deposited in the United States Post Office properly addressed with postage paid.
Any other notice provided herein shall be made in the manner described above.
3. LATE PAYMENTS
After the tenth day of the month, late payment notices shall be sent to all customers that are 31 days in arrears. The written notice shall be sent in accordance with the terms of the Notice of Termination of Service. The customer will have one calendar week from the date of notice to make a payment or make arrangements for payment. At 61 days in arrears, a final Notice of Termination of Service with a termination of service date shall be sent or delivered to the customer. The customer will have five days from the date of notice to make the payment in full to avoid interruption of service.
4. COLLECTIONS AND TERMINATION OF SERVICE
A water service shall be disconnected for nonpayment on or after the date listed on the Final Notice of Termination of Service unless arrangements with the District , as described in Section 7 below, have been made.
5. DISCONNECTION AND RECONNECTION
A water service may be disconnected from the District’s system in accordance with the terms of the Notice Of Termination of Service for unsafe and/or unsanitary conditions that threaten the health and welfare of the customer, or other customers or the Integrity of the District System. Further, a water service may be disconnected if the water delivered is used for uses that the District’s water rights will not allow. If a customer requests a reconnection of the water service, a $45 fee and any water bill balance must be paid prior to reconnection and/or any condition that required the disconnection is remedied.
6. PROPERTY OWNER RESPONSIBILITY FOR PAYMENT
It is the owner's responsibility to make sure the District has the current owner's name and address. The owner of the premises to which water service is supplied is responsible for unpaid charges imposed with respect with that water service location, regardless of who incurs them. In the event of a change of ownership, it shall be the responsibility of the new owner to apply for service under their own name. A new service application will not be approved until all prior charges and fees have been paid. The property owner may consent to a billing change to another person, entity, or tenant, but that shall not change or eliminate the owner's responsibility for payment.
The District may shut off the water until all delinquent charges and fees have been paid as allowed by ORS 264.306 and 264.314. The District has exercised the right to impose this provision of water service, as allowed by ORS 91.255(10).
7. TIME PAYMENTS OF PAST DUE WATER BILLS
If a customer communicates their wish to pay a delinquent water bill over a period of time, the District shall implement a Time Payment Agreement to schedule payments. Each water bill would have the present water charges plus the agreed to schedule payments. In no case would the schedule of payments be longer than 12 months or less than the existing Monthly Minimum Water Rate. Where a customer has signed an agreement that specifies a schedule of payments the District may disconnect the service for nonpayment 5 days after the 10th day of the following month after a final notice has been mailed specifying the termination date. If a customer defaults on their Time Payment Agreement, the current agreement becomes void and they are ineligible to sign up for another.
8. "OFF-NOT-OUT" SERVICES At our December 14, 2015 Board meeting, the board voted to discontinue this service effective January 1, 2016.
The District recognizes that at times it is more efficient and convenient for the customer and the District to not remove a meter. The District may designate a meter connection as “off-not-out” and not bill the customer until the customer requests the service be returned to service.
9. ILLEGAL CONNECTIONS
If a service is connected to the District’s water system without a meter or without the District’s approval, it is deemed illegal. The District staff will notify the Jefferson County Sheriff and/or City Police Department that an illegal service connection has been made. After the citation for theft of services has been issued by the authorities, District personnel shall remove the illegal connection. Notification shall be left on the premises of the actions taken and to contact the District office.
10. PROTECTION OF HOUSEHOLD SUPPLY OF WATER
Whenever the household supply of water is being jeopardized by non-household use water, the District can order the non-household use of water to be immediately discontinued. Non-household use of water would be for irrigating lawns, gardens, providing water for animal or stock, or any other uses other than strictly for household water usage. In the event of drought conditions, the District may notify all customers of the restriction of use. Any customer not complying with the restriction of use to preserve household supply of water shall be given Notice of Termination of Services as provided herein. Any failure to comply will be subject to disconnect and reconnecting will only be allowed upon a provision of an agreement to restrict use to household use until further notice by the District.
Updated: October 13, 2017