§ 52.088 SURVEYS AND INVESTIGATIONS.
   (A)   It shall be the responsibility of the water customer to conduct or cause to be conducted periodic surveys of water use practices on the customer’s premises as necessary to determine whether there are actual or potential cross-connections in the customer’s water supply system. The Director of Public Works shall have the authority to conduct or cause to be conducted periodic surveys and investigations, of a frequency as determined by the Director of Public Works, of water use practices within a customer’s premises to determine whether there are actual or potential cross-connections to the customer’s water supply system through which contaminants or pollutants could backflow into the public water supply system. The Director may conduct these surveys to provide information in determining what level of protection will be necessary to protect the public health and safety.
   (B)   On request by the Director of Public Works, the customer shall furnish the Director of Public Works information on water use practices within the customer’s premises. If the customer refused to submit the property information or to cooperate in obtaining the proper information, the Director of Public Works shall treat the premises as if no appropriate cross-connection survey has been completed, and in such event, the customer shall be required to a licensed plumber install an approved backflow prevention assembly.
   (C)   The Director of Public Works shall have the right to enter a premises served by the public water supply system at all reasonable times for the purpose of making surveys and investigations of water use practices within the premises. In order to inspect the premises, the Director of Public Works shall give notice setting forth a proposed date and time to the customer at least ten days in advance. If the customer cannot make the premises available for inspection at the proposed date and time, the customer shall contact the Director of Public Works and arrange for another date and time for the inspection. If the Director of Public Works and the customer cannot agree on a date and time, the Director of Public Works shall treat the premises as if no appropriate cross-connection survey has been completed and, in such event, the customer shall be required to install an approved backflow prevention device.
   (D)   The Public Property, Safety and Works Committee of the City Council is hereby appointed as the Hearing Board to hear differences between the Director of Public Works and the customer on matters concerning interpretation and execution of the provisions of this subchapter by the Director of Public Works. Any customer aggrieved by being required to pay the expense of installing, furnishing and/or maintaining a backflow prevention assembly may, within 14 days of the act or event causing the grievance, request a hearing in writing to present those grievances to the Hearing Board. The Hearing Board shall schedule the matter for hearing within 30 days and provide written notice of the meeting by first class mail to the customer. The notice shall be mailed to the customer at least seven and not more than 21 days before the hearing. At the hearing, the customer shall first state the nature of the grievance, and the Director of Public Works shall be entitled to respond thereto, whereupon the Hearing Board shall render its decision which will be binding upon the customer and the Director of Public Works, provided it is in compliance with the Nebraska Department of Health and Human Services regulations.
(Prior Code, § 52.079) (Ord. 95-38, passed 12-18-1995)