TITLE 9
UTILITIES

CHAPTER 1
UTILITY REGULATIONS

SECTION:

9-1-1: Use, Service And Rate Regulations

9-1-2: Mandatory Connection To Public Water And Sewer

9-1-3: Annexation As Requirement For Water Service

9-1-4: Late Payment Fees For Delinquent Bills

9-1-5: Prohibited Placement Of Water And Sewer Lines

9-1-6: Thawing Water Lines With Welding Machines

9-1-1: USE, SERVICE AND RATE REGULATIONS:

The city council shall by resolution provide for user charges, the classification of users, applications for service, and use of the service for all municipal utilities providing service within the city. The resolutions will outline the utility's procedure for discontinuance of service, reestablishment of service, and the extension of service to users within and outside city limits. At no time may rate increases for comparable classifications and zones outside the city limits exceed those set within the city limits as per Montana Code Annotated section 69-7-201. (2006 Code)

9-1-2: MANDATORY CONNECTION TO PUBLIC WATER AND SEWER:

   A.   Water And Sewer Connection By Residences: All dwelling houses, or apartment houses, or cabins, or any buildings used as dwelling places by human beings shall have running water and be connected to the city water mains; and sinks, washbowls, bathing facilities and toilets therein shall be connected to the city public sanitary sewers in all blocks and at all places where public lateral sanitary sewers have been constructed at the effective date hereof.

   B.   Sewer Connections:

      1.   Owner Responsibility: It shall be unlawful for any person, whether owner, tenant under lease, tenant at will, tenant by sufferance, or occupant, to use or occupy any dwelling house, apartment house, cabin or any kind of building used as a dwelling place by human beings, unless the sinks, washbowls, bathing facilities and toilets therein are connected to the city sanitary sewers, in all blocks where the public lateral, sanitary sewers have been constructed at the effective date hereof.

      2.   Tenant Responsibility: It shall be unlawful for any person to rent or let for hire to another person, or to allow another person to use rent free, any dwelling house, apartment house, cabin or any kind of building used as a dwelling house by human beings unless the sinks, washbowls, bathing facilities and toilets therein be connected to the city sanitary sewers, in all blocks where the public sanitary sewers have been constructed at the effective date hereof.

      3.   Exception Where Public Sewer Not Available: As to these blocks, railroad rights of way, and other places where no public, lateral sanitary sewers have been constructed at the effective date hereof, this section shall not apply until public, lateral sanitary sewers have been constructed and in operation for six (6) months. This section shall apply to all persons and property within such blocks, railroad rights of way, and other places the same as though the sewers had been constructed and in operation at the time of the effective date hereof.

   C.   Use Of Privies, Septic Tanks Restricted: It shall be unlawful for any person, whether owner, tenant under lease, tenant at will, tenant by sufferance, or occupant, of any building whether used as a dwelling place by human beings, place for conducting and carrying on any kind of business, or for any use whatever, if located within any block where the public lateral sanitary sewers have been constructed at the effective date hereof, to use any cesspool, septic tank, or outhouse or privy.

   D.   Properties Not Connected Declared Nuisance: All places, premises and properties which are not connected to the city water mains and public lateral sanitary sewer lines, as required by this section, shall be deemed to constitute a nuisance. (Ord. 14.16)

   E.   Penalty: Any person or corporation violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Ord. 14.16; amd. 2006 Code)

9-1-3: ANNEXATION AS REQUIREMENT FOR WATER SERVICE:

   A.   Authority: This section is adopted pursuant to the authority granted the city council in Montana Code Annotated section 7-13-4314 concerning annexation as a requirement for receiving service, and pursuant to the authority granted the city council in Montana Code Annotated section 69-7-201 regarding adoption of rules and regulations for the municipal water utility, and, finally, pursuant to the general authority granted to the city council pursuant to Montana Code Annotated sections 7-1-4123 and 7-1-4124 regarding legislative powers.

   B.   Annexation Prior To Initiation Of Service: It shall be the policy of the city and the municipal water utility, at the sole option of the city council, to require any person, firm or corporation who desires to become a user of the municipal water supply that, prior to initiation of service, the council may require the person, firm or corporation to agree to petition to be annexed into the municipal boundaries. Said annexation shall be accomplished by petition pursuant to those statutes contained in Montana Code Annotated title 7, chapter 2, part 46.

   C.   Annexation Subsequent To Initiation Of Service:

      1.   The city council, in conjunction with the municipal water utility, does hereby require any person, firm or corporation receiving city water to petition for annexation to be included within the municipal boundaries as a condition to continuing to receive city water services.

      2.   The city council does hereby reserve their right to notify any person, firm or corporation who is presently receiving municipal water services that the city may discontinue said water service absent said person, firm or corporation petitioning the city to be annexed, and that said service may not be restored absent such a petition, as provided in Montana Code Annotated title 7, chapter 2, part 46. (Ord. 14.18, 12-16-1999)

   D.   Violations; Penalties: Any person, firm or corporation residing either inside or outside of the corporate limits of the city, which city owns the municipal water system and furnishes water services as a public utility, who shall wilfully turn on the water line after the same has been shut off by, or under the direction of, the city council for noncompliance with this section shall be guilty of a misdemeanor and, upon conviction thereof, subject to penalty as provided in section 1-4-1 of this code. (Ord. 14.18, 12-6-1999; amd. 2006 Code)