14.04.060 Water Connections Outside the City Limits
A. Except as provided herein, no premises located outside the City of Ashland may be connected to the City water system or make use of water obtained through a direct or indirect connection to the City water system.
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 governmental facilities.
3. Connections authorized by resolution of the Council where the Council finds:
i. The connection is determined, at the Council’s discretion, 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 writing, a statement from the Environmental Health Division, Health Department, Jackson County, Oregon, that the existing water system for the premises has failed.
iii. The failed water system cannot 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 connection is to premises within the City’s urban growth boundary.
C. Connections authorized under subsection B.3 above shall be made only after all the criteria in subsection B.3 and the following conditions have been met:
1. The applicant for water service pays the water connection fee for connections outside the City and the systems development charges established by the City.
2. In the event dwellings or buildings connected to the water system are subsequently replaced for any reason, then the replacement building or dwelling may continue to be connected to the water system of the City as long 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 preventing the partitioning or subdivision of the land prior to annexation to the City, signed by the owners of record and notarized so that it may be recorded by the City and binding on future owners of the premises. The cost of recording 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 charges 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 charges when due shall automatically become a lien upon the property. A memorandum of the contract shall be recorded in the county deed records with the cost of recording 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 necessary for extraterritorial extension of water service required by Oregon law.
E. Any person who violates any provision of this chapter shall be punished as set forth in AMC 1.08.020, in addition to other legal and equitable remedies available to the City of Ashland, including restriction or termination of service. (Ord. 3144 § 1, amended, 05/16/2017; Ord. 3137, amended, 2017; Ord. 3029, amended, 08/03/2010)