The owner or occupant of any building, used for residential, commercial, industrial, governmental or other use that requires water or wastewater service, situated within the city which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a municipal water system or municipal wastewater system shall, if applicable, cease using any other method of domestic water service or other method of disposing of wastewater, waste or polluted water, as the case may be, and at the owner's expense shall connect his private water system to the municipal water system or his private wastewater system to the municipal wastewater system in accordance with the provisions of this chapter within one hundred eighty (180) days after official notice from the city to do so; provided, however, that the water main or wastewater main, as the case may be, is within three hundred feet (300') of any property line of the building to be served. Notwithstanding the foregoing requirement, any owner of property annexed into the city in a city initiated annexation may request a delay in complying with the mandatory connection provided for herein by means of application to the city council. Delayed compliance may be granted by the city council only if the applicant establishes to the satisfaction of the city council that the applicant's existing water system functions properly and meets all current health and safety requirements. Such a showing shall not entitle the applicant to delayed compliance, but such a delay may be granted by the city council, in the city council's discretion, if the facts shown indicate a delay would be fair and equitable and will not jeopardize the health and welfare of the residents of the city. In no event shall a delay be granted which exceed a period of five (5) years following granting of delayed compliance by the city council. Any delay granted pursuant to this section shall be automatically terminated if there is a change in use of the annexed property. As used herein, "use" means the purpose for which the property or a building thereon is designed, arranged, intended, or for which it is or may be occupied or maintained. (Ord. 1094, 2011)