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Flint, MI Code of Ordinances
CITY OF FLINT, MICHIGAN CODE OF ORDINANCES
PART I. CHARTER
PART II. THE CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS*
CHAPTER 2: ADMINISTRATION*
CHAPTER 3: ADVERTISING AND SIGNS
CHAPTER 4: AIR POLLUTION CONTROL
CHAPTER 5: AIRPORT
CHAPTER 6: ALCOHOLIC LIQUOR SALES
CHAPTER 7: AMBULANCES
CHAPTER 8: AMUSEMENTS
CHAPTER 9: ANIMALS AND FOWL*
CHAPTER 10: AUCTIONS
CHAPTER 11: BUILDINGS
CHAPTER 12: BUSINESS AND OCCUPATIONS GENERALLY*
CHAPTER 13: CEMETERIES
CHAPTER 14: CIVIL DEFENSE AND DISASTER
CHAPTER 15: TELECOMMUNICATIONS SYSTEMS
CHAPTER 16: ELECTRICAL CODE
CHAPTER 17: FENCES
CHAPTER 18: TAXATION; FUNDS; PURCHASING*
CHAPTER 19: FIRE PROTECTION*
CHAPTER 20: RESERVED
CHAPTER 21: RESERVED
CHAPTER 22: HEATING
CHAPTER 23: RESERVED
CHAPTER 24: HOUSING
CHAPTER 25: RESERVED
CHAPTER 26: LICENSING FEES AND OTHER CHARGES
CHAPTER 27: RESERVED
CHAPTER 28: MOTOR VEHICLES AND TRAFFIC
CHAPTER 29: MUNICIPAL RETAIL AND WHOLESALE GROWERS’ MARKET
CHAPTER 30: NUISANCES*
CHAPTER 31: GENERAL OFFENSES*
CHAPTER 32: RESERVED
CHAPTER 33: PARKS
CHAPTER 34: RESERVED
CHAPTER 35: PERSONNEL*
CHAPTER 36: PLUMBING
CHAPTER 37: POLES AND WIRES
CHAPTER 38: RAILROADS
CHAPTER 39: REFUSE, GARBAGE AND WEEDS
CHAPTER 40: RESERVED
CHAPTER 41: SCHOOLS
CHAPTER 42: STREETS AND SIDEWALKS
CHAPTER 43: RESERVED
CHAPTER 44: RESERVED
CHAPTER 45: TREES AND SHRUBS
CHAPTER 46: UTILITIES*
CHAPTER 47: WARDS AND PRECINCTS
CHAPTER 48: WATERCRAFT
CHAPTER 49: WEIGHTS AND MEASURES
CHAPTER 50: ZONING*
APPENDIX: COMPILED ILLUSTRATIONS
TABLE OF SPECIAL ORDINANCES*
APPENDIX A
PART III: PARALLEL REFERENCES AND INDEX
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§§ 46-41 – 46-47  RESERVED.
ARTICLE III. RATES AND CHARGES
DIVISION 1. WATER
§ 46-48  WATER SERVICE PLACED IN NAME OF PROPERTY OWNER OF RECORD; EXCEPTION.
   (a)   Effective June 1, 1986 or as soon thereafter as practicable, water service shall only be placed in the name of the property owner of record. Duplicate bills may also be sent to the service address if requested in writing by the property owner.
   (b)   However, in the case of industrial, commercial or residential rental property registered with the City pursuant to Ordinance 3271, or its subsequent amendments, where a legally executed lease contains a provision that the tenant, not the property owner of record, shall be liable for the payment of water or sewage system bills, and the tenant’s birthdate, social security number and his or her driver’s license or Michigan I.D. number, upon filing an affidavit and a copy of the lease, contemporaneously with an application for service with the City, water service may be placed in the name of tenant.
   (c)   The property owner may apply for service in the tenant’s name where he or she has a properly executed lease authorizing him or her to act as the tenant’s agent for the purpose of obtaining water and sewer service from the City.
(Ord. 3003, passed 7-28-1986; Ord. 3313, passed 11-13-1995; Ord. 3630, passed 12-13-2004)
§ 46-49  DEVELOPMENT OF RULES AND REGULATIONS TO IMPLEMENT § 46-48.
   The City Administrator or department head designated by him or her shall develop rules and regulations for the implementation of the provisions of this provision set out in § 46-48 pursuant to Flint City Charter Section 1-801.
(Ord. 3003, passed 7-28-1986; Ord. 3313, passed 11-13-1995; Ord. 3630, passed 12-13-2004)
§ 46-50  LIEN WHEN CHARGES DELINQUENT; RIGHT OF ENTRY; COST OF CONNECTIONS.
   (a)   Charges for services furnished by the water supply and sewage disposal system to any premises located within the City of Flint together with delinquency fees, late payment charges and penalty and service charges shall be a lien thereon, and during April of each year the City Treasurer shall certify any such charges which, as of April 1 of that year, have been delinquent six months or more, to the City Assessor who shall enter the same upon the City tax rolls of that year against the premises to which the services shall have been rendered. Such charges shall be collected and the lien shall be enforced in the same manner as provided in respect to taxes assessed upon such roll; provided, however, the Director of Finance shall establish a dollar limit, below which charges shall not be added to the real property tax roll. The dollar limit so established shall take into consideration the cost of placing the charges onto the real property tax roll; provided further, that when a tenant is responsible for the payment of any such charge against the premises, and the City Council is notified in writing, with a true copy of the lease for the premises attached which fulfills the requirements of all ordinances, then no such charge shall become a lien against the premises from and after the date of the notice. However, the City Council may require proof that the tenant in possession has been notified. No further service shall be rendered by the water supply and sewage disposal system to the premises until a cash deposit not to exceed three times the average periodic charge to such commercial or industrial premises or $100.00 for such single-unit residential property to guarantee the prompt payment of all service charges and an inspection to verify that the return to the City of the water meter is in good condition. Deposits so made shall draw such rate of interest as may be fixed by the City Council from time to time, but such rate shall not exceed the rate of return which the City is then receiving from the investment of the deposits.
   (b)   No free service shall be furnished by the system to the City or to any person, firm or corporation, public or private, or to any agency or instrumentality.
   (c)   The City reserves unto itself and its authorized agents the right to enter the owner’s premises as provided by law to inspect, disconnect and repair the City’s water supply and sewage disposal system, including meters and measuring devices installed as provided herein, and reserves the right for any violation of this article.
   (d)   The cost of water and sewer service connection for the City water mains or sewer lines to private premises shall be the responsibility of the property owner up to the property line, and the City shall install such connection within the right-of-way.
   (e)   The City shall terminate water service after 60 days “past due” payment and no later than 90 days.
(Ord. 1778, passed 6-29-1964; Ord. 2552, passed 4-12-1976; Ord. 2579, passed 1-10-1977; Ord. 2985, passed 3-24-1986; Ord. 3003, passed 7-28-1986; Ord. 3218, passed 10-12-1992; Ord. 3232, passed 4-26-1993; Ord. 3313, passed 11-13-1995; Ord. 3510, passed 3-10-2003; Ord. 3630, passed 12-13-2004; Ord. 3682, passed 9-25-2006; Ord. 3717, passed 6-9-2008)
§ 46-51  USE OF METERS.
   (a)   All water to be furnished by the system to each premises shall be measured by a meter or meters installed and controlled by the City.
   (b)   Beginning on June 1, 1986, or as soon thereafter as practicable, for any new application for water service, a remote meter shall be installed at the property owner of record’s expense which shall be under the control of the City of Flint. The property owner may elect to pay for the remote meter installation at the time of the new application for water service, or may elect by requesting in writing, to pay for the remote meter installation in ten monthly installments added to and collected the same as the water bill. This charge shall become a lien upon the premises as provided for in § 46-50(a). The payments shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
(Ord. 1778, passed 6-29-1964; Ord. 1877, passed 11-18-1965; Ord. 2483, passed 4-7-1975; Ord. 2485, passed 4-7-1975; Ord. 2552, passed 4-12-1976; Ord. 2767, passed 5-6-1980; Ord. 2915, passed 7-9-1984; Ord. 2985, passed 3-24-1986; Ord. 3422, passed 2-8-1999; Ord. 3630, passed 12-13-2004)
§ 46-52  PREMISES SERVED BY CITY WATER DISTRIBUTION SYSTEM.
   Charges for water service to each premises connected with the system shall, as set forth in this section, be effective as to all water bills rendered on or after June 1, 1986 through June 30, 1987. For all bills rendered on or after July 1, 1987, the water rates shall be as provided for in § 46-52.1.
   (a)   (1)   Where the water bills are for large commercial and industrial accounts, a readiness-to- serve charge shall apply. The charges shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
      (2)   All water usage shall be charged according to the rate contained in the quantity rate schedule in Appendix A of the City Code.
   (b)   (1)   Where the customer has a remote water meter and the bills are for residential, small commercial and industrial accounts, a readiness-to- serve charge shall apply. The charges shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
      (2)   All water used shall be charged according to the rate contained in the quantity charge rate schedule in Appendix A of the City Code.
   (c)   (1)   Where the customer does not have a remote reading meter and the bills are for residential, small commercial and industrial accounts, a readiness-to-serve charge shall apply. The charges shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
      (2)   All water used shall be charged according to the rates contained in the quantity charge rate schedule in Appendix A of the City Code.
   (d)   (1)   Quantity charge rate schedule shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code.
      (2)   The quantity charge portion of each bill is in addition to the readiness-to-serve and is determined by applying the quantity charge schedule to all water use.
   (e)   The City shall pay for metered water used by it at the foregoing rates. Charges against the City shall be payable in monthly installments from the current funds of the City, or from the proceeds of the taxes which the City within constitutional limitations is hereby authorized and required to levy in an amount sufficient for that purpose.
   (f)   The water fund shall pay to the general fund of the City $300,000.00 annually to compensate for municipal services provided to the Water Division. The payments shall be paid in equal monthly installments.
   (g)   The Utilities Superintendent may, at his or her discretion, assign the billings of any one group of accounts to the billing cycle he or she deems most appropriate.
   (h)   The City Treasurer or designee is hereby authorized to cancel penalties on inactive accounts. In the event that the charges for water service furnished any premises shall not be paid within 30 days after the due date thereof, the water services to the premises may be discontinued and a turn-off fee shall be charged for any discontinuation of water service. Services so discontinued shall not be restored until all sums then due and owing, including penalties, shall be paid or satisfactory arrangements to pay have been made with the City Treasurer, the Utilities Superintendent or designee. In such cases where the water services have been discontinued for nonpayment, and the bill is then paid, water service will not be restored without the prepayment of the turn-on fee. Where same-day service is requested, an additional turn-on fee must also be prepaid. The fees shall be established from time to time by resolution of the City Council, kept on file by the City Clerk, and contained in Appendix A of the City Code. Where the person responsible for water service is someone other than the property owner of record, a remote water meter must be purchased by the property owner of record and installed as a permanent part of the structure.
(Ord. 1778, passed 6-29-1964; Ord. 1877, passed 11-18-1965; Ord. 1994, passed 9-5-1967; Ord. 2483, passed 4-7-1975; Ord. 2485, passed 4-7-1975; Ord. 2552, passed 4-12-1976; Ord. 2557, passed 5-10-1976; Ord. 2567, passed 10-11-1976; Ord. 2767, passed 5-6-1980; Ord. 2915, passed 7-9-1984; Ord. 2985, passed 3-24-1986; Ord. 3003, passed 7-28-1986; Ord. 3124, passed 1-8-1990; Ord. 3242, passed 8-9-1993; Ord. 3422, passed 2-8-1999; Ord. 3630, passed 12-13-2004)
§ 46-52.1  CALCULATION OF RATES.
   (a)   Every year the Director of Finance shall calculate and transmit on or before April 15 to the Mayor and City Council the new water rate schedules with a complete itemization of water system costs for all classes of customers as given in § 46-52, for the purpose of calculating all bills for the forthcoming 12 months beginning July 1 of that year. The new water rate schedules shall be published at least 30 days prior to the date of implementation.
   (b)   Water rates shall be reviewed annually and the water rate percentage index (WRI) as applied to the water rate schedules shall be limited to an adjustment of 8% in any year unless:
      (1)   The adjustment is necessary to provide for all costs of operation, maintenance, replacement and debt service of the water supply system; or
      (2)   The adjustment is necessary to comply with applicable provisions of the City’s water supply revenue bond resolutions or ordinances.
(Ord. 2985, passed 3-24-1986; Ord. 3494, passed 5-13-2002; Ord. 3513, passed 4-28-2003; Ord. 3630, passed 12-13-2004)
§ 46-52.2  WHEN BILLS DUE; INTEREST ON PAST DUE AMOUNT.
   (a)   Interest due. Water and sewer bills shall be issued approximately 15 days prior to the due date thereof. Water and sewer charges are “past due” if the City Customer Service Center or Treasury Department has not received full and complete payment by close of business on the date due. An interest charge equal to 1.5% per month shall be applied to any unpaid balance which is more than 30 days past due and charged to the customer thereafter until all outstanding fees, penalties and charges have been paid or entered upon a tax roll.
   (b)   Paid in full. Receipt of a check or cash by the City Treasurer’s Office on or before the day prior to the due date. It is the intent hereof that payment be actually received by the Treasurer or the Treasurer’s authorized representative and the date of mailing or postmark shall not be relevant.
(Ord. 3218, passed 10-12-1992; Ord. 3232, passed 4-26-1993; Ord. 3276, passed 6-13-1994; Ord. 3502, passed 10-14-2002; Ord. 3514, passed 4-28-2003; Ord. 3630, passed 12-13-2004)
§ 46-52.3  SUNSET PROVISION.
   The changes effectuated by the adoption of §§ 46-50, 46-52.2 and this section shall remain in effect until May 30, 1994. If such changes are not extended by readoption of the language at that time, the previous language shall again become effective.
(Ord. 3218, passed 10-12-1992; Ord. 3232, passed 4-26-1993; Ord. 3630, passed 12-13-2004)
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