A. Application:
1. Applicant: Application for services may be made only by an owner of property to be served, or such owner's duly authorized agent.
2. Content: Each applicant for water service shall be required to submit a signed application requesting service containing the following minimum information:
a. Date.
b. Location of premises to be served, giving street address and description of property to be served.
c. Applicant's name and mailing address of the legal owner of the premises to which the monthly bills are to be mailed.
d. Purpose for which the property will be used (residential, commercial, apartments, etc.).
e. The date the applicant will be ready for water service.
f. An approved "will serve" letter and the name of the contracting or plumbing agency which will be connecting water service to the city water system (new connections).
3. Purpose: The application is merely a written request for service and does not bind the applicant to take service for any period of time, nor does it bind the city to serve except under reasonable conditions.
4. Responsibility: The applicant, being the legal owner, is responsible for the payment of all water charges at the premises applied for and within the meaning of this chapter is referred to as the "customer". Only the original applicant may request termination of water service or a change in the person or address to which the monthly water bill is to be sent. Pursuant to Nevada Revised Statutes 266.285(3), the property owner is solely liable for all unpaid water bills, even if the property owner has a tenant.
B. Deposit Requirements, New Service:
1. Residential: All new residential service connections shall be charged a refundable one hundred dollar ($100.00) deposit.
2. Commercial: All new business service connections shall be charged a refundable two hundred fifty dollar ($250.00) deposit.
C. Deposit Requirement When Service Has Been Disconnected For Nonpayment:
1. Residential: All customers who have had their residential service disconnected for nonpayment, shall be required to pay a refundable deposit of one hundred fifty dollars ($150.00).
2. Commercial: All business customers who have had their service disconnected for nonpayment, shall be required to pay a refundable deposit of five hundred dollars ($500.00).
D. Refund Of Deposit:
1. The customer making the deposit may request a refund of the deposit made upon their account, provided the following conditions are met:
a. The customer paid all of the required payments; and
b. The payments were made timely for twelve (12) consecutive months.
2. Upon voluntary termination of services, the city shall:
a. If the customer pays the entire balance owed on the account within thirty (30) calendar days of the "final" bill, return the entire deposit to the address requested by the customer; or
b. At the customer's request, apply the deposit against the balance on the final bill. If the final bill is less than the deposit the remaining balance shall be forwarded to the customer at the address provided.
3. If services are terminated for nonpayment, the city retains the right to apply any deposit against that account. The customer will be charged a new deposit upon seeking reconnection or a new service at another address.
4. Requests for refunds of deposit must be made in writing to city hall. The city administrator shall be responsible to verify the requirements of subsection D1 of this section, were met. If the requirements have been met, the city administrator shall issue a refund check to the customer within thirty (30) calendar days of the written request. If the customer failed to meet the requirements for a refund, the city administrator shall issue a letter to the customer explaining the reason for the denial.
5. In the event a customer, who made a deposit on their account, subsequently dies prior to a refund of the deposit being made, shall first have the deposit applied against their outstanding water bill, if any, then any balance shall be refunded to the customer's next of kin as determined by a court of competent jurisdiction and upon proof by the next of kin or a court order obtained during the settling of the deceased's estate.
E. Change In Customer's Equipment Or Operations:
1. A customer needing or wanting to make any change in the size, character or extent of the equipment or operations for which the service is utilized shall immediately file with the city a new application for additional service.
2. The city council upon advice of the board may require the customer to provide whatever improvements to the water system deemed necessary (including, but not limited to, items such as extension of a public water main or installation of backflow prevention devices) to approve the change.
3. Backflow prevention devices are required on all businesses, including churches, public parks, sprinkler systems, fire suppression systems, boilers, certain residential units and other commercial, noncommercial buildings as determined by this code, state or federal law. See chapter 5 of this title, and applicable state and federal law. Installation, maintenance, and annual recertification and testing of the backflow prevention device or assembly shall be the sole responsibility of the property owner. Failure to comply with annual recertification requirements may result in either a late penalty as established by the city council by resolution, or termination of services.
F. Service Taps:
1. Meter boxes shall be installed at the location of the curb stop or on the property side of the sidewalk or future sidewalk. The city engineer shall generally determine the location for placement of meter boxes. In no case will a service connection be made unless the property to be served abuts a street or alley with an adequately sized water main for the full length of the property. The property owner may be required to install a water main extension to obtain service. In no instance will service connections be installed across private property.
2. If adequately sized mains are not available, the property owner must request a main be extended in accordance with this code.
3. If the service is installed in an existing paved street or concreted area (e.g., sidewalks, curbs or gutters), the applicant's contractor shall be responsible for replacing the asphalt or concrete with a permanent patch, which shall be inspected by the city to ensure the replacement asphalt meets city requirements.
G. Service Connection:
1. Water service pipes from the water main to the service shutoff (curb stop) valve shall be maintained by the city after initial connection. The city shall maintain the water meter or service shutoff valve on the city's side of the meter or shutoff valve, but the customer shall be responsible for all other connections, water pipes, valves or other devices from the customer's side of the water meter or shutoff valve onto the customer's property.
2. The customer shall be responsible for the installation of all pipes/fixtures, etc., in accordance with all local, state and federal rules and regulations for all new service connections. All work on city maintained portions of the new service must be done by an appropriately licensed contractor.
3. For new service installations which replace existing deteriorated facilities, the city shall be responsible for the installation of the water main connection and piping from the main to the service shutoff (curb stop) valve or meter. The time frames, parts, and methods of construction shall be at the discretion of the city.
4. In certain situations, the city retains the right to negotiate, authorize and pay for a contractor to replace service connections on the property owner's side of the meter or curb stop with consent of the property owner. The property owner and the city must enter into a binding contract for repayment on a time and material basis, plus accrued interest at the rate of 1.5 percent per month on all unpaid balances before work begins. The balance must be paid off in twelve (12) months.
H. System Obligation Fees:
1. Initial Fee: For each initial or new connection made to the water system, there shall be charged an initial payment in the form of a system obligation fee. For each residential or other housing unit, multi-family dwelling, apartment house, trailer court, commercial and industrial connection the charge shall be set by resolution of the city council upon advice of the board and shall be based upon the diameter size of the pipe to service the property.
2. Exemption: Water lines installed for fire protection only, with no normal service usage, are exempt from the connection charge.
3. Applicable To: The system obligation charge shall apply to all lots of record which have not previously been served by the Ely municipal water system and each lot of any new subdivision or development to be served by Ely's water system.
4. Modification And Expansion Of Facilities: If additional floor area is added to the premises of a user requiring a larger size service connection, a system obligation charge will be assessed at the rate currently charged for the new connection size less the amount currently charged for the old size. No refunds of system obligation charges will be made for changing to a smaller service size.
5. Payable On Demand: The system obligation charge shall be payable on demand by the city before the then recorded owner of the property or the licensed contractor obtains a building or excavation permit.
I. Individual Service And Shutoff Valve: Each residence shall have an individual service and shutoff valve installed.
1. Existing residences where more than one parcel is served by a single service shall be allowed to continue so long as all bills for water service are kept current and the requirements of this code are not violated. If there is a change in the service for any parcel where more than one parcel is served by a single service shutoff valve or meter, the new owner shall be required to install, at his/her expense, a separate service line from the main to the parcel/residence.
2. The city may decline to furnish water until separate services are provided, at its sole discretion and at any time any of the requirements contained in this chapter are violated.
3. In all cases where water has been supplied to several parties or tenants from a connection controlled by one valve or meter, and the city has contracted with one of the several parties, upon his/her or their failure to abide by this code, the water may be shut off to all parties.
J. Alterations Or Extensions: No person shall be authorized to make any alterations or extensions to any water pipe or fixture owned by the city except in compliance with the provisions of this code and permission from the city council upon recommendation of the board.
K. Placement And Maintenance: Service lines shall be placed and maintained in a covered trench with at least sixty inch (60") cover over the pipe. Further, soil type and compaction shall comply with the national plumbing code or other applicable codes as adopted by the city.
L. Master Shutoff Valve, Backflow Prevention Device: Every building or premises served by a water service line shall have a master house or building shutoff valve installed at the expense of the owner at or near the service entrance into the building or house, in addition to the city shutoff valve or meter at the curb stop, so the occupant or owner can shut off the water supply to the building or premises without using the city shutoff valve or requiring the city to close any other valves. The building may also be required to install a backflow prevention device if required by this code, state or federal law.
M. Violations, Penalty: No person, other than authorized city personnel, shall open, close, operate, tamper with, tap or connect into any city valve, meter, mains, pipes, laterals, hydrants or other valves or pipes owned or controlled by the city or used by the city in connection with the municipal water works, unless authorized by the city engineer. Violation of this section shall be a misdemeanor. (Ord. 674, 5-12-2016)