Section
General Provisions
52.01 Operation and funding
52.02 Definitions
52.03 Consumer’s application
52.04 Water contracts
52.05 Installation procedure
52.06 Installation expense
52.07 Fees and collections
52.08 Water permits
52.09 Water bills
52.10 Lien
52.11 Single premises
52.12 Restricted use
52.13 Fire hydrants
52.14 Pollution
52.15 Mandatory hook-ups; prohibited hook-ups
52.16 Service contracts
52.17 Police reports
52.18 Destruction of property
52.19 Complaints
52.20 Service to non-residents
52.21 Inspections
52.22 Repairs
52.23 Lead pipes, solder and flux
52.24 Private wells
52.25 Plumbing Code adopted
52.26 Wellhead protection area
Cross-Connection Control
52.40 General policy
52.41 Definitions
52.42 Prohibition
52.43 Survey and investigations
52.44 Type of protection required
52.45 Where protection is required
52.46 Backflow prevention devices
Wells
52.60 Well permit
52.61 Temporary well permit
52.62 Abandoned wells
52.63 Cross-connection prohibited
52.64 Review and renewal of permits
52.65 Specifications; discontinuance
52.66 State minimum standards adopted
52.67 Signs; discontinuance or cancellation of permit; consent
GENERAL PROVISIONS
The municipality owns and operates the Municipal Water Department. The governing body for the purpose of defraying the cost of the care, management and maintenance of the Municipal Water Department may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Water Fund and shall remain in the custody of the Municipal Treasurer. The governing body shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time.
(Prior Code, § 3-101)
Statutory reference:
Related provisions, see Neb. RS 17-531, 17-534, 19-1305
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Where no definition is specified, the normal dictionary usage of the work shall apply.
MAIN. Any pipe other than a supply or service pipe that is used for the purpose of carrying water to and dispersing the same in the municipality.
SEPARATE PREMISES. More than one consumer procuring water from the same service or supply pipe. The second premises may be a separate dwelling, apartment, building or structure used for a separate purpose.
SERVICE PIPE. Any pipe extending from the supply pipe to the location on the premises where the water is to be dispersed.
SUPPLY PIPE. Any pipe extending from the main to a point at or near the lot line of the consumer’s premises where the shutoff, stop box or curb cock is located.
DEEMED AVAILABLE. Any water main which passes through the premises or through a street, alley or easement adjacent to or abutting such premises.
(Prior Code, § 3-102)
Every person or persons desiring a supply of water must make application therefor to the Clerk. The Clerk shall require each applicant to pay a tap fee which shall be the actual cost of the material and labor involved in tapping the water main. The fee is to be paid prior to turning on the water to the premises. Water shall not be supplied to any house or private service pipe, except upon the order of the Municipal Clerk.
(Prior Code, § 3-103)
Statutory reference:
Related provisions, see Neb. RS 17-537, 19-2701
The municipality, through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street, alley or easement in which a commercial main now is or may hereafter be laid. The rules, regulations and water rates hereinafter named in this chapter and on file in the office of the Municipal Clerk shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the municipality to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Utilities Superintendent or his or her agent may cut off or disconnect the water service from the building or premises or place of such violation. No further connection for water service to said building, premises or place shall again be made save or except by order of said Superintendent or his or her agent.
(Prior Code, § 3-104)
Statutory reference:
Related provisions, see Neb. RS 17-537
Upon approval of the customer’s application, the Utilities Superintendent shall determine the most feasible location for tapping the main. The Utilities Superintendent shall install the water line from the municipal main to a shut-off valve located on the village’s utility right-of-way. The customer shall be responsible for the installation of the water service from the shut-off valve to the residence. The installation of the water service to the residence shall be done only by a licensed plumber.
(Prior Code, § 3-105)
Statutory reference:
Related provisions, see Neb. RS 17-537
The expense of providing water service from the municipal main to the premises served shall be paid by the customer. The necessary expenses incurred by the Utilities Superintendent when installing the water service, including, but not limited to, pipe, trenching, corporation cock, service clamp and labor are the responsibility of the customer.
(Prior Code, § 3-106)
Statutory reference:
Related provisions, see Neb. RS 17-542
The governing body has the power and authority to fix by resolution the rates to be paid by the water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the Municipal Clerk. The Municipal Clerk shall collect all money received by the municipality on the account of the Water Department.
(Prior Code, § 3-107)
Statutory reference:
Related provisions, see Neb. RS 17-538, 17-541
Upon observation by the Utilities Superintendent or upon filing of complaint by any citizen in the municipality, any customer of the Water Department using excessive amounts of water without first obtaining a permit shall be issued a notice to appear before the governing body to show cause why he or she should not be required to apply for a heavy user permit and pay additional water fees. If said customer does not appear before the governing body or does not satisfactorily show that his or her water use is not excessive, he or she shall be billed an additional fee set by the governing body and, if the customer fails to pay said additional fee, he or she shall have his or her water service disconnected.
(Prior Code, § 3-108)
Statutory reference:
Related provisions, see Neb. RS 17-542, 70-1601 through 70-1615
(A) Water bills shall be due and payable monthly at the office of the Municipal Clerk. The Water Commissioner shall direct the Village Clerk to charge and collect from each customer the amount of the monthly water bill, established by the Board of Trustees, along with any other charges, properly itemized, due the Water Department.
(B) Bills shall be mailed on the first day of each month following consumption and shall be payable by the fifteenth day of each month. Bills not paid by the fifteenth of each month shall be deemed to be delinquent, as herein defined, the Village Clerk shall give a written notice to the customers of such delinquency and shall demand payment immediately. In the event the bill is not paid within 15 days after sending the said notice it shall be the duty of the Commissioner to cut off service; provided, if the delinquent customer is a known welfare recipient, it shall be the duty of the Village Clerk to notify the customer and the state’s Department of Social Services by certified mail of the proposed termination. In the event the water is shut off for non-payment of any water bill, the Water Commissioner shall access an additional charge of $50 to restore water service to the delinquent customer.
(Prior Code, § 3-109)
In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for water service furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent water rent which is hereby declared to be a lien upon the real estate for which the same was used or supplied; and such taxes, rents or rates shall be paid and collected and such lien upon approval by the governing body shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(Prior Code, § 3-110)
Statutory reference:
Related provisions, see Neb. RS 17-538
No consumer shall supply water to other families or allow them to take water from his or her premises, nor, after water is supplied into a building, shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premises for alteration, extension or attachment without the written permission of the Utilities Superintendent. It shall further be unlawful for any person to tamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the water will not pass through the meter or while passing through said meter will cause the meter to register inaccurately.
(Prior Code, § 3-111) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-537
(A) The governing body or the Utilities Superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire or other good and sufficient cause. In the event of said water shortage, the governing body or the Utilities Superintendent shall notify the customers of the Water Department by posting in three prominent places throughout the municipality notice of said shortage and the restrictions imposed. In the event that any person abuses his or her privileges of use of the water system by continued and excessive use to such an extent as to endanger the health and welfare of the residents of the municipality, the governing body or Utilities Superintendent shall notify said customer by personal service or by posting the customer’s premises and if said excessive use is not abated within 12 hours after said notification, the Utilities Superintendent shall disconnect the said water service and shall not reconnect the water service until the customer shall pay to the Municipal Treasurer a reconnection fee, as established by the governing body.
(B) The municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the municipality has no control.
(Prior Code, § 3-112)
Statutory reference:
Related provisions, see Neb. RS 17-537
All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants and it shall be unlawful for any person other than members of the Municipal Fire Department under the orders of the Fire Chief or members of the Water Department to open or attempt to open any of the hydrants and draw water from the same or in any manner to interfere with the hydrants.
(Prior Code, § 3-113) Penalty, see § 10.99
It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Municipal Water Department.
(Prior Code, § 3-114) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-536
All persons living where water is deemed available shall be required, upon notice by the governing board, to hook-up with the municipal water system unless otherwise given special approval for exemption by the governing body; provided that, no person shall be allowed to hook-up a heat exchanger, heat pump, cooling device or other mechanical device with the municipal water systems.
(Prior Code, § 3-115) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-539
Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall move from the premises where service is furnished or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent, who shall cause the water service to be shut off at the said premises. If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premises until the Utilities Superintendent is otherwise advised in such circumstances.
(Prior Code, § 3-116)
Statutory reference:
Related provisions, see Neb. RS 17-537
(A) It shall be the duty of the County Sheriff’s Department to report to the Utilities Superintendent all cases of leakage and waste in the use of water and all violations of the municipal code relating to the Water Department.
(B) They shall have the additional duty of enforcing the observance of all such regulations.
(Prior Code, § 3-117)
It shall be unlawful for any person to willfully or carelessly break, injure or deface any building, machinery, apparatus, fixture, attachment or appurtenance of the Municipal Water Department. No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above mentioned property without the written permission of the Utilities Superintendent.
(Prior Code, § 3-118) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 17-537
Any consumer feeling himself or herself aggrieved by reason of any controversy with the Utilities Superintendent or Municipal Clerk may appear before the governing body and present his or her grievance. Any consumer who considers himself aggrieved by being required to pay the charge demanded for the use of water or for the resumption of water service after the same shall have been shut off, shall pay such charge under protest in which event, the Municipal Clerk shall write on the receipt given such customer the words, “Paid Under Protest”. Such consumer may then present his or her verified claim in the manner provided for presenting claims to the governing body for a refund of the amount so paid under protest. Such claims shall then be considered by the governing body in this same manner as other claims against the municipality as set forth in § 35.14 of this code of ordinances.
(Prior Code, § 3-119)
The municipality shall not supply water service to any person outside the corporate limits without special permission from the governing body; provided, the entire cost of laying mains, service pipe and supply pipe shall be paid by the consumer. All mains, service pipe and supply lines shall meet the standards set by the governing body in regard to size of lines, material used and workmanship and further be subject to inspection by the Utility Superintendent prior to being backfilled. Nothing herein shall be construed to obligate the municipality to provide water service to non-residents.
(Prior Code, § 3-120)
Statutory reference:
Related provisions, see Neb. RS 19-2701
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