§ 51.10 FIRE HYDRANTS AND OTHER UTILITY APPURTENANCES.
   (A)   Private water hydrants.
      (1)   Purpose. This provision ensures compliance with the Minnesota State Fire Code, which requires inspections of water hydrants and that all water hydrants are maintained in working order and kept in good repair for proper and operational use when public safety and fire protection is necessary.
      (2)   Scope of application. This provision shall apply to all water hydrants that are:
         (a)   Not city-owned;
         (b)   Not located within utility easements or water utilities intended to be under easement;
         (c)   Not located within city rights-of-way, or state or county rights-of-way under maintenance agreements with the city; or
         (d)   Covered by a maintenance agreement with a private owner.
      (3)   Inspections.
         (a)   All private water hydrants within the city shall be subject to an annual inspection and an inspection after each operation to ensure the hydrant is in good repair and in operational condition. Inspections may be conducted by the owner through a person or company licensed in the State of Minnesota to complete fire protection inspections (“qualified person”) or by the city pursuant to the owner’s request and consent.
         (b)   If the inspection is to be conducted by the city, the property owner shall complete and submit to the city’s Public Works Department a signed consent form as prescribed by the city.
         (c)   If the inspection is conducted by a qualified person, the property owner shall be responsible for submitting to the city’s Public Works Department a certificate of compliance that is completed and signed by the qualified person. The certificate of compliance shall be on a form provided by the city.
      (4)   Maintenance and repair.
         (a)   If upon inspection it is determined a water hydrant is not in good repair, does not operate as designed, or is otherwise in need of maintenance or repair, the property owner shall, in a timely manner, have the necessary maintenance, repair or replacement completed by a qualified person or elect to have the city perform the work.
         (b)   If the maintenance, repair or replacement is to be conducted by the city, the property owner shall complete and submit to the city’s Public Works Department a signed consent form as prescribed by the city.
         (c)   If the city provides material(s), part(s), and labor to maintain, repair or replace the water hydrant, then the property owner shall pay and be fully responsible for the cost of all material(s) and part(s), plus labor at such rate as determined by City Council resolution. All material, parts, and labor costs shall be included on the property owner’s municipal utility billing statement as governed by this chapter.
         (d)   If the maintenance, repair or replacement is conducted by a qualified person, the property owner shall be responsible for submitting to the city’s Public Works Department a certificate of compliance that is completed and signed by the qualified person. The certificate of compliance shall be on a form provided by the city.
      (5)   Penalties and special assessment. All of the charges imposed by the city for any work completed as set forth in this section shall be deemed delinquent if unpaid at the close of business on the due date shown on the municipal utility billing statement. A penalty shall be charged on all delinquent balances at the rate set forth for delinquent municipal utility billing accounts as governed in this chapter. The penalty charges shall be added to and become part of the delinquent balances. Any delinquent account balance which is more than 45 days past due may be assessed against the property as set forth elsewhere in this chapter and as a service charge under M.S. Chapter 429.
   (B)   Unlawful use or tampering. It shall be unlawful for any person other than an employee of the Public Works Department, the Fire Department, or Police Department who is engaged in authorized municipal work, to open, tamper with or otherwise use any fire hydrant, valve or other appurtenances to the water, sanitary sewer or storm sewer system without first obtaining authority to do so from the City Administrator, Public Works Director, or Utilities Superintendent or designee.
(‘81 Code, § 21-24) (Ord. 152, passed 11-13-74; Am. Ord. 835, passed 2-28-08; Am. Ord. 956, 12-26-13) Penalty, see § 10.99