§ 50.01  ADMINISTRATION AND MAINTENANCE OF UTILITY SERVICES.
   (A)   Application for services. Written application shall be made to the city upon forms furnished for water, sewer and garbage collection. The application shall state the name and the address of the applicant, and any other information which the city deems necessary.
   (B)   Utility deposit.
      (1)   Amount of deposit. The meter deposit required for each utility account will be based on meter size.
      (2)   Deposit held. When a customer has paid the utility bill within the first ten days of each month for the preceding 12 months, the utility deposit held for that customer for that address will be applied against that account balance. The applications of deposits against account balances will be done on a quarterly basis after the initial payments are completed by the city.
      (3)   Refund. Utility deposits will be refunded after the reconciliation of the last utility bill for any particular account.
   (C)   Metering. Meters shall be required to measure the consumption of each utility service furnished by the city, except garbage collection and sewage service.
      (1)   Control of meters. All meters, curb cocks, goosenecks, valves and meter boxes connected with the city’s water main and service pipe, including those furnished at the expense of the consumers or property owners, shall remain under direct control of the city.
      (2)   Tampering with meters. It shall be unlawful for any person other than those authorized by the city to connect, disconnect, move or tamper with any such meter, or to turn on or off the water at the curb cock, valve or meter; or to open or tamper with any meter box.
      (3)   Meter errors. When a recheck and/or calibration of a water meter is requested by the customer, a charge of $5 shall be assessed on the monthly bill following the request if no error is found. If there is an error on the city’s part, no charge shall be made for that recheck or calibration.
      (4)   Turn-offs and turn-ons. When a customer requests service turned off or on because there is no cut-off valve at that service, a charge of $10 shall be assessed that customer on the monthly bill following the request.
      (5)   Deposits. The meter deposit required for each utility customer shall be as set forth in division (B)(1) above.
      (6)   Hotels, motels, recreational vehicle parks, and the like. Hotels, motels, recreational vehicle parks, and other commercial businesses serving transient populations will be billed one water base rate, based on meter size, plus the minimum base rate for a 5/8-inch meter for each additional unit along with the amount of water consumed.
   (D)   Maintenance of water system. The Superintendent of the Water Department shall constantly inspect all parts of said water system and maintain them in good condition; and shall keep in good repair at all times for constant service, all pumps, machinery, hydrants and all other waterworks fixtures and property. The Superintendent shall at all times endeavor to keep a sufficient supply of water in the tanks:
      (1)   To assure adequate fire protection and pressure;
      (2)   To make taps and connections to mains and repairs and the like; and
      (3)   To keep the water system in good condition.
   (E)   Temporary termination of service. The Water Superintendent may, at any time, with adequate notice, order the water cut off for repairs, extensions or other purposes.
   (F)   Liability of city for damage. The city shall not be liable for any damage to property of any consumer of, any utility service furnished by the city except when damage is due to the negligence of the city.
   (G)   Penalty for late payment of bill.
      (1)   All utility bills issued by the city are due and payable by the tenth day of each month. Any payment received on the tenth or postmarked by the tenth of the month will be considered timely. Any payment received after that day or postmarked after the tenth will be considered overdue and a 10% penalty will be added to the amount due. Utility payments are required in full by 5:00 p.m. on the 25th. Service will be discontinued for those who have not paid by the deadline.
      (2)   The city disconnects unpaid utility accounts on the twenty-sixth of each month, but allows its utility customers to make arrangements for payment of no more than twice per calendar year. To assist with the processing of these payments, customers must complete the arrangement paperwork and make their partial payment no later than 5:00 p.m. on the 23rd of each month. Vouchers for utility payment assistance are due by noon on the 23rd. Payment in full is required by the 25th, or by the last day of the month if arrangements are made as prescribed.
   (H)   Interruption of service.
      (1)   Resumption of service; reconnection fee. Any consumer of utility services furnished by the city, whose utility services have been disconnected or terminated for the non-payment of the rates and charges therefor, may have the utility services resumed by paying all rates, charges and penalties due the city by the consumer, and in addition thereto, a reconnection fee of $7.50.
      (2)   Obtaining water by illegal means.
         (a)   City to pull meter. If after the city has discontinued its services because of non-payment, the consumer subsequently cuts his or her water back on, the city will then pull its meter and assess an additional charge of $15.
         (b)   Penalty for circumventing meter. If after the city has pulled its meter, the consumer still obtains water by circumventing the meter, then there will be an additional charge of $30 for the city’s having to remedy such.
         (c)   Cumulative charges. All cumulative rates, charges, reconnection fees and penalties due the city by the consumer must be paid in full before service will be restored by city.
   (I)   Connection and repair of service.
      (1)   City to maintain service connections. The city shall install and maintain all service connections from water mains to the customer’s meter within the city, and it shall be unlawful for any other person or persons to repair or replace service pipe from main to meter.
      (2)   Unlawful to tap mains. It shall be unlawful for any plumber or other person, other than the tapper employed by the city waterworks, to tap any street main, make connection with the street main, or extend service pipe from main; the work to be under exclusive control of the city waterworks.
   (J)   Sewer connections.
      (1)   Sewer connections required. All owners or occupants of buildings, or agents for owners, situated within 100 feet of a sanitary sewer are hereby required to construct, or cause to be constructed, suitable water closets on their property, and to connect the same with the city sanitary sewer system under the direction and supervision of the city.
      (2)   Maintenance. It shall be the duty of any owner or occupant of any building connected with the city sanitary sewer system to keep and maintain the connection to the sewer system in perfect condition and free from obstruction.
      (3)   Restrictions. It shall be unlawful for any person to build, construct, dig, maintain or use any dry toilet, surface privy, cesspool or septic tank within the city; provided, however, when connection to the city sanitary sewer system is impossible or impractical at any time, the construction, maintenance and use of a septic tank constructed in conformity to state law and approved by the health officer may be permitted until such time as connection to the sewer system may be made.
   (K)   Responsibility for leakage. All property owners, their agents and/or tenants shall be held responsible as consumers for loss of water due to leakage in pipes and plumbing on the discharge side of the meter or on the property; and if this water is not paid for according to the rates provided herein, when it becomes due, the water shall be cut off by the Waterworks Department and not turned on again until all claims are paid or adjusted. In the event of any change during this time of payment of billing for past leakage, the landlord and/or property owner shall be held accountable for payment of this billing before service will be extended and water furnished to a second or other tenant.
   (L)   Turning water service on or off. No plumber or any other person shall turn water service on or off from the street stop cock without first obtaining approval from the City Waterworks Superintendent or authorized representative, except in cases of emergency.
   (M)   Extension of service to other residences. After water is introduced into a building, or upon any premises, the same shall not be extended by any plumber or any other person to any other residence for additional fixtures without written permission of the City Waterworks Department.
   (N)   Repair of mains. It shall be unlawful for any plumber or person, other than the tapper employed by the city waterworks, to tap any street main, make connection with the street main, or to extend service pipes from the main; the work shall be under the exclusive control of the city waterworks.
   (O)   Regulations on laying of service pipe.
      (1)   The city waterworks reserves the right to make all repairs and renewals of service pipes from the main to the curb, and it shall be unlawful for any other person or persons to repair or renew service pipe from the main to the meter.
      (2)   All service pipe shall be laid at least six inches under the ground and provided with a cut-off valve inside the service line, such as to properly drain all pipes above ground.
   (P)   Emergency shut-off valve. Consumer shall install and have approved a cut-off valve inside of the service line at a location accessible in case of emergency, and shall not use the curb cock at the meter in lieu thereof.
   (Q)   Defacing, breaking into or tampering with city property. It shall be unlawful for any person in any manner to deface the houses, walls, machinery or fixtures connected with, or pertaining to, the city water and sewer systems. It shall be unlawful for any person to break, damage or tamper with any part of the water or sewer systems of the city for any purpose whatsoever, or in any other manner maliciously interfere with or prevent the running and operation of the system and the water supply therein.
   (R)   Waste of water prohibited. It shall be unlawful for any person to willfully or negligently waste water in any manner whatsoever. Any person having knowledge of any condition whereby water is being wasted shall immediately notify the superintendent of the City Water Department.
   (S)   Fire hydrant use restricted.
      (1)   Fire hydrants to be opened only by city. Fire hydrants shall be provided for the sole purpose of use in extinguishing fires, and shall be used or opened only by the Water and Fire Departments or such persons as may be given authority by the City Manager or city Water Department Superintendent.
      (2)   Unlawful to obtain water from fire hydrant. It shall be unlawful for any person to carry away water from a fire hydrant without written permission from the Water Superintendent, or to place upon or about any fire hydrant, gate valve, curb cock, meter or meter box any object, material, debris or structure of any kind so as to prevent immediate access to same.
   (T)   Resale of water.
      (1)   Restricted. It shall be unlawful for any customer of city water to knowingly resell, give or otherwise furnish water to any land or premises without first having received a permit therefor approved by the City Council.
      (2)   Permit required.
         (a)   Any consumer of city water within the corporate limits of the city who desires to resell, give, permit or otherwise furnish water to any land or premises shall first make application in writing for a permit to do so with the City Manager stating the use or uses to be made of the water and the maximum amount of water estimated to be resold or furnished monthly.
         (b)   Upon receipt of the application for said permit, the City Manager shall forthwith refer the application to the City Council, who shall have the sole and absolute authority to grant or refuse the application for the permit in accordance with what it believes to be the best interest of the city, its citizens and residents.
      (3)   Violation. In the event that any consumer of city water violates or continues to violate the provisions of this division, and refuses to immediately discontinue the resale or the furnishing of water to land or premises, the City Manager shall have the authority, after having given written notice to the consumer by certified U.S. mail, return receipt requested, to immediately cease and desist from the violation, to disconnect and suspend, or cause to be disconnected or suspended, all water service to the land or premises of the consumer from which the water is being supplied to the land or premises.
   (U)   Incorporation of this chapter into consumer contract. All of the provisions of this section shall be deemed to be incorporated into every contract between the city waterworks and its consumers, and each consumer shall be charged with the responsibility for knowledge of the provisions of this section, and by applying for and accepting water from the city waterworks, to have assented to the provisions hereof.
Penalty, see § 10.99