§ 94.38 COSTS OF INSTALLATION, OWNERSHIP, AND MAINTENANCE.
   (A)   The costs of fire hydrants and the installation thereof after February 22, 1977, shall be borne as follows:
      (1)   Where hydrants are installed to protect new sub-divisions, apartment complexes, business complexes, or other similar developments, the costs of hydrants and the installation thereof shall be fully paid by the owner of the development.
      (2)   Where hydrants are installed to protect new construction in established subdivisions or other areas of the city having existing fire hydrants, a portion of the cost of additional hydrants shall be paid by the owner of the new construction as determined by the City Administrative Officer. The City Administrative Officer may also require that a portion of the costs shall be assessed against the owners of the property abutting the fire protection water system improvements in equal shares.
      (3)   Where hydrants are installed to replace existing hydrants when their replacement is necessitated because of normal wear or deterioration of the existing hydrant, or as part of any program of improvement of the existing water system for public fire protection, the costs of new hydrants and the installation thereof shall be fully at the expense of the city.
      (4)   Hydrants installed to replace existing hydrants because of accidental or deliberate damage thereto shall be at the expense of the person or persons causing the damage, unless an investigation determines the accidental damage was not caused through negligence or a careless act of the responsible person or persons. A bond in the amount of $2,000 shall be posted by anyone damaging a fire hydrant.
   (B)   All fire hydrants installed after February 22, 1977 shall become the property of the city, unless public ownership is specifically exempted, in writing, by the City Administrative Officer prior to installation. These hydrants shall not be removed, relocated, or taken out of service without the express written consent of the city. This division shall not apply to hydrants temporarily taken out of service by employees or agents of the city or of the Campbell County Water District.
   (C)   Unless specifically exempted from public ownership, all fire hydrants shall be maintained by the city in accordance with provisions of Resolution NO. R-5-74 adopted by the City Council on April 15, 1974.
   (D)   Hydrants exempted from public ownership shall be maintained at the expense of the owner thereof. However, the Fire Department of the city may periodically inspect or test the privately-owned hydrants where they are intended to be, or might be, used by the public fire protection forces of this city.
(Ord. O-23-95, passed 11-6-95)