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A. Facilities: When property abuts upon any public street or alley along which water mains have been constructed, the owner of any dwelling or commercial establishment on the property shall install water service therein and connect with the city water main in accordance with the provisions of this chapter within one hundred twenty (120) days after the date of mailing of official notice to do so by the city clerk. The notice shall be given to the owner or occupant or his authorized agent in writing by the city clerk on order of the city council. Said notice shall be delivered no sooner than one year after a city water main could serve the subject property and no longer than three (3) years after a city water main could serve the subject property. For existing nonusers, they shall have three (3) years from the passage of this subsection to comply with this absolute deadline. In addition, connection is required before the owner of said property sells or transfers title to said property or before repair or replacement of any existing well or septic system on the property. Said property owners must also inform the city clerk at least thirty (30) days before replacing any private well on the property. For the purposes of this chapter, "abut" shall mean that the property is either contiguous to the city street served by city water or benefits from an easement that enables service from said city street whereby they could connect to city utilities without further consent from any other landowner. (Ord. 2010-1, 2-3-2010)
B. New Construction: As to nonabutting property which, in the case of residential use is within four hundred feet (400') and in the case of business or commercial use is within six hundred feet (600') of any public street or alley along which water mains have been constructed, the owner shall, as to any new construction requiring water service, connect with the city water main in accordance with the provisions of this chapter, before any use or occupancy may be made of such premises.
C. Abandonment Of Existing Well Or Water Source: Any existing business or commercial use which abandons an existing private well or water source must substitute it with a connection to the city water supply, as opposed to any private water supply. (Ord. 30.2, 10-3-1978)
D. Failure To Comply; City Action: Whenever any owner or occupant fails to comply with such written notice, the council shall, by resolution, direct that a water line connection and meter be installed and connection made with the water system and the cost of the installation be paid in the first instance out of the general fund and then assessed against the property benefited. (Ord. 30, 11-1-1977)
E. Nonuser Fees: As to each curb stop (place allowed for connection to the city water line), any property owner who has not connected to the city water line shall pay a fee set by the city council for each such curb stop. However, this nonuser fee shall not be due and payable in those instances where the property owner served by such curb stop has such property homesteaded and owns also an adjacent homesteaded property which is hooked up to and served by the city water system. The fact, however, that such user water rate is being charged by the city or is being waived hereunder in no way waives or diminishes the right of the city to require any property owner to connect to such water system in accordance with the terms and provisions above. This nonuser fee shall be set from time to time by the city council if not hooked up within one year after the curb stop is operational, and shall be subject to change in the same manner as with water rates under section 8-1-6 of this chapter. The fact however, that nonuser fees are being charged by the city shall not operate as a waiver of the required use provisions set forth in subsection A of this section. (Ord. 30.5, 10-19-1982; amd. 2002 Code)
F. Exemption: If any existing single-family residence is more than eight hundred feet (800') from the nearest available city utility connection lines, the homeowner may apply for an exemption agreement with the city which would exempt them from the connection requirements and nonuser fees as set forth above. Said agreement would be recorded against the property and may require connection upon subdivision or other changes to the lot. To apply for said exemption, the homeowner shall be required to present a septic system compliance certificate and the exemption agreement may require periodic inspection and compliance of said septic system. And, based upon the proximity of said septic system to wetlands, wells, lakes, rivers and streams, the homeowner may need to construct or modify their existing septic system to utilize better design and materials to prevent contamination of nearby natural resources. (Ord. 2008-10, 7-1-2008)