CHAPTER 2
WATER REGULATIONS
SECTION:
6-2-1:   Delinquent Water Bill Notice
6-2-2:   Books Of Account
6-2-3:   Rules Governing Water Division
6-2-4:   Tapping Charge
6-2-5:   Applications For New Service
6-2-6:   Water Main Extensions; New Water Reservoirs And Pump Stations; Cost Reimbursement
6-2-7:   Structures Not Served By City Water
6-2-8:   Water Rates
6-2-9:   Water System Development Fee
6-2-1: DELINQUENT WATER BILL NOTICE:
Whenever the water bill of a consumer has been delinquent for thirty (30) days in any sum or amount, the water division shall at once notify him by such means and at such address as seems most likely to give him actual notice of the fact of such delinquency and shall advise him that unless such delinquent bill is paid in full within fifteen (15) days of the date of mailing such notice, his water service will be discontinued forthwith. In the absence of the use of any other reasonable means of notice, a notice given by certified mail, deposited in the United States mail, postage prepaid, addressed to the consumer at the address where he receives such water, shall be deemed reasonable notice. (Ord. 896, 12-11-1914)
6-2-2: BOOKS OF ACCOUNT:
The water division shall keep a complete set of books which shall at all times show the distribution of accounts of the water department and said books shall be open to inspection at all times and by the public or any officer of the city during the hours said office is open for business. (Ord. 896, 12-11-1914)
6-2-3: RULES GOVERNING WATER DIVISION:
The following rules shall regulate the use and supply of water:
   RULE 1: All applications for the use of water must be made at the office of the building and safety division of the community development department on the printed form for that purpose. Every such application must be made by the owner of the property to be served or the owner's authorized agent and must include the purposes for which the water is required. The applicant must agree to conform to these rules as a condition of use of water.
   RULE 2: No person supplied with water from the city mains will be entitled to use it for any other purpose than those stated in the application, or supply in any way other persons or families.
   RULE 3: The service pipes must be so arranged that the supply to each separate house or premises may be controlled by a separate shutoff valve placed within the right of way near the property to be served, which valve shall be placed within a visible and accessible curb box, and one person, company or association must pay for all the water used through said service for his, her or their own use, or for the use of others to whom it may be accessible.
   RULE 4: Where water is now supplied through one service to several houses, families or persons, the public works director may either decline to furnish water until separate services are provided, or may continue the supply on the condition that one person shall pay for all on the same service.
   RULE 5: The water may be shut off at any time from the mains without the notice for repairs, extension or other necessary purposes, and persons having boilers supplied by direct pressure from the mains are cautioned against danger of explosion or collapse. The city will not be responsible for the safety of the boilers on the premises of any water consumer.
   RULE 6: Water will not be furnished where there are defective or leaking faucets, closets or other fixtures, and when such may be discovered, the supply will be withdrawn until the proper repairs are made.
   RULE 7: The city shall not be responsible for pipes and fixtures; all owners, at their own expense, must keep service pipes from city mains and all their apparatus in good working order and properly protected from frost or other dangers. No claims shall be made against the city on account of the breaking of any service pipes or apparatus, or for accidental failure in the supply of water. No reduction from the regular rates shall be made for any time that service pipes or fixtures may be frozen. (Ord. 2900, 9-25-2000)
   RULE 8:
   A.   All usage of city produced water is subject to the water use reduction staging plan which provides for voluntary and mandatory water reduction measures that will be in effect for various water supply statuses.
   B.   The water use reduction staging plan for each stage is as follows:
      STAGE I
      Water Supply Status: Normal with adequate reservoir levels and all supply sources available.
      Water Reduction Measures: None.
      STAGE II
      Water Supply Status: Peak daily demand greater than eighty five percent (85%) of system capacity; or mountain reservoir levels low with risk of future shortage.
      Water Reduction Measures: Voluntary restrictions.
      STAGE III
      Water Supply Status: Peak daily demands at or exceeding system capacity; in town reservoirs less than seventy percent (70%) full with continuing decline; extended electrical power outage; treatment plant failure; or major pump or transmission failure.
      Water Reduction Measures: Mandatory watering and irrigating restrictions as follows:
      1.   Designated days for watering corresponding to the last digit of the street address for the property; and
      2.   Hours for watering restricted to designated hours.
      STAGE IV
      Water Supply Status: Water supply emergency by peak daily demand exceeding system capacity by two (2) MGD in a twenty four (24) hour period; in town reservoirs less than twenty five percent (25%) full with continuing decline; catastrophic systems failure of a duration of more than twenty four (24) hours and in town reservoirs less than twenty five percent (25%) full; or severe prolonged drought of more than one week with the foregoing conditions.
      Water Reduction Measures: Mandatory restrictions as follows:
      1.   All outdoor water uses prohibited; and
      2.   All other water uses prohibited except for necessary domestic indoor use for drinking water and sanitation.
   C.   The following actions and penalties may be imposed for infractions of mandatory restrictions:
      1.   First Infraction:
         a.   Notice of infraction may be posted on violator's door, stating penalties for infractions of mandatory restrictions and providing water conservation tips; and
         b.   If the violator is not the owner of the property a copy of notice must be sent by first class mail, postage prepaid, to the owner of the property upon which the infraction occurred.
      2.   Second Infraction Occurring Within A Six Month Period:
         a.   During a stage III status, a civil offense punishable by a civil penalty imposed by the court; and
         b.   During a stage IV status, a civil offense punishable by a civil penalty imposed by the court.
      3.   Third Infraction Occurring Within A Six Month Period:
         a.   During a stage III status, a civil offense punishable by a civil penalty of not less than seventy dollars ($70.00); and
         b.   During a stage IV status, a civil offense punishable by a civil penalty of not less than one hundred forty dollars ($140.00).
      4.   Fourth Infraction Occurring Within A Six Month Period:
         a.   During a stage III status, a civil offense punishable by a civil penalty of not less than one hundred five dollars ($105.00);
         b.   During a stage IV status, a civil offense punishable by a civil penalty of not less than two hundred ten dollars ($210.00); and
         c.   Water service may be shut off without notice to prevent future violations. If water service is discontinued, service may not be restored until applicable fees charged for turning the water on and off and outstanding civil penalties are paid. (Ord. 2934, 4-8-2002)
   RULE 9: No plumber or other person will be allowed to make connections with the city mains or make connections in any conduit, pipe or fixture connecting therewith, or to connect pipes when they have been disconnected, or to turn water off or on for any premises without permission of the building and safety division.
   RULE 10: None but competent and licensed plumbers shall be allowed to do any work in connection with the city service where water may be drawn from the city mains, and all plumbers must make in writing an accurate return of the work done within twenty four (24) hours after completion, and before water will be turned on the plumber must describe the position of the service pipes, ferrules, stop cocks, shutoff valves and other fixtures, outside of buildings, by reference to street and lot corners, in a form required by the public works department.
   RULE 11: Plumbers failing to perform their work according to the established rules and regulations, or executing it unskillfully to the detriment of the city waterworks, may be barred from making connections to the city mains by order of the public works director.
   RULE 12: Employees of the utility maintenance division have free access at proper hours of the day to all parts of buildings in which water is delivered from the city mains for the purpose of inspecting the condition of the pipes and fixtures, the manner in which the water is used, and for the purpose of reading meters.
   RULE 13: The water rates shall be charged against the property to which it is furnished and against the owner thereof, and if for any cause any sums owing therefor become delinquent, the water shall be shut off from the property and in no case turned on again until all such delinquencies have been paid in full. No change of ownership shall affect the application of this rule.
   RULE 14: All accounts for water shall be kept in the name of the owner of the property and not in the name of any tenant, and the owner only, or his legally authorized agent, shall be held responsible for payment of water rates.
   RULE 15: On failure to comply with the rules and regulations established as a condition to the use of water, or to pay the water rates or meter rent, or any charge or penalty imposed, in the time and manner herein provided, the water may be shut off until payment of the amount due is made, together with an amount to be set by resolution to cover the expense of turning the water on and off. In addition, any time an individual requests that the water to a home or place of business be turned on or off, there shall be assessed an amount to be set by resolution for turning the water on and off.
   RULE 16: Should the occupant of the premises turn on the water, or cause it to be turned on after it has been shut off at the curb cock or shutoff valve, it will be turned off at the main, and an amount to be set by resolution to cover the expense of turning it off and on, payable before the water is turned on.
   RULE 17: The following acts are prohibited:
   A.   To use city water or permit it to be used for any other purpose than that for which the party pays water rates.
   B.   To permit water pipes or fixtures to remain in a leaky condition.
   C.   To allow water fixtures to be run when not in use for the purpose intended.
   D.   To open, close, turn or interfere with, or to attach to, or connect with any fire hydrant, stop valve or stop cock belonging to the public works department.
   E.   To disturb or damage any pipe, machinery, tools or other property of the public works department.
   F.   To throw any deleterious matter into any of the reservoirs.
   G.   To deface or injure any buildings or other improvements of the public works department.
   H.   To place any foreign thing upon the grounds of the public works department or such portion of the grounds and streets as may be under its control.
   I.   To disturb or injure any watershed, lawn, grass plot, flowers, vines, bushes or trees belonging to the public works department.
   RULE 18: All meters shall be and remain the property of the city and may be removed at the discretion of the director of public works. Should a meter fail to register accurately, the consumer shall be charged at the average daily consumption as shown by the meter during the last three (3) months that the same was in good order. In the event a consumer notifies the utility maintenance division that the meter is not registering accurately, the director of public works may in his discretion require a deposit in an amount to be set by resolution, refundable to the consumer if the meter is defective, to be forfeited to the city in the event that the meter, when tested by the utility maintenance division, is found to be registering accurately. City conducted tests to determine the accuracy of the meter shall be conclusive in determining whether the deposit shall be refunded.
   RULE 19: When meters are in use for determining the amount of water used by consumers, the water rent shall be payable on or before the fifth day of every month, and if not paid within thirty (30) days thereof, said consumer shall be subject to the penalties provided in section 6-2-1 of this chapter.
   RULE 20: No person other than an authorized employee of the utility maintenance division shall make any tap or connection with any main or distributing pipe of the city.
   RULE 21: All water service must be provided from public mains in public rights of way or easements to the city. Each service shall be placed, to the extent practical, perpendicular to the public main, right of way or easement. All water service lines installed for consumers of the city water system must be placed at a minimum depth of six feet six inches (6'6") from the surface of the ground.
   RULE 22: It shall be the responsibility of the owner of the water service to disconnect said service upon abandonment or nonuse at the point of connection with the public main by a method acceptable to the director of public works. Should the owner fail to satisfactorily disconnect such service, the utility maintenance division may make such disconnection and charge the owner the actual cost thereof.
   A street opening permit is required for disconnecting water service lines at the water main in the street right of way. A city building/plumbing inspector shall inspect any water service being abandoned. The service line shall be disconnected from the corporation stop and the corporation stop shall be in the off position. If the corporation stop is leaking, the inspector will advise the utility maintenance division so the leak can be repaired prior to filling the ditch.
   RULE 23: No adjustment shall be made on estimated water and sewer bills on the estimated cycle. Rather, any such adjustment must be made only on the regular reading cycle after the meter is read by approved city meter readers.
   RULE 24: Any unpaid water bill that is more than thirty (30) days past due shall have assessed against it interest at the rate of 1.5 percent per month. (Ord. 2900, 9-25-2000)
   RULE 25: When a backflow prevention device is required under the applicable fire, building, or plumbing code as adopted by the city to prevent the possibility of polluting the city's water supply, the approved backflow prevention device must be installed, maintained, replaced and repaired in accordance with the applicable uniform code. Backflow prevention devices must be tested at the time of installation and at least annually thereafter. Testing must be performed by a certified backflow prevention assembly tester who holds a current certificate issued by a certification program of any state authorizing the person to test backflow prevention devices or who holds a current certificate from the American Society Of Sanitary Engineers, American Backflow Prevention Association, Foundation For Cross Connection Control And Hydraulic Research, or the American Water Works Association. The results of testing must be submitted to the city within thirty (30) days after the test. If the test shows that the device is defective or inoperative, the device must be repaired or replaced within thirty (30) days after the test and verification of the repair or replacement must be provided to the city no later than fifteen (15) days after the repair or replacement. If the results of required testing are not timely provided to the city or needed repairs or replacements are not timely made, the city may terminate water service to the property after providing a fifteen (15) day notice of its intent to do so, except if there is imminent threat of pollution to the water supply the city may immediately terminate water service without prior notice, but must provide notice of the reason for the termination within five (5) working days. For violations of this rule, the city may use any other remedy as authorized by law, including criminal prosecution and civil action. (Ord. 3161, 10-29-2012)
6-2-4: TAPPING CHARGE:
Any person desiring to make connection to the water or sewer mains of the city must make application in writing, and pay a fee for the cost of tapping in advance. (Ord. 3177, 6-10-2013, eff. 7-15-2013)
6-2-5: APPLICATIONS FOR NEW SERVICE:
   A.   Application: Any prospective consumer of water service may become a consumer by making an application for water service, procuring a permit therefor, providing any necessary easements and paying the applicable fees and cost of installation as provided in this code. Charges for water for such consumers shall be made on the basis of then existing rates.
   B.   Approved Water Meters:
      1.   All consumers of water services from the city shall, prior to receiving water service from the city, install an approved water meter obtained from the city as hereinafter provided.
      2.   Only water meters obtained from the city may be used for the metering of water consumption for city water billing purposes. The fee for obtaining a water meter will be set by resolution by the city commission.
   C.   Responsibility For Repair Or Replacement: A water meter may not be installed for use or connected to the city water system until approved by the city. After an approved installation of a water meter, the city is responsible for its repair or replacement, except when the repair or replacement is required because of damage to or loss of the meter due to a negligent or intentional act by the customer, in which case the customer is responsible for the repair or replacement. When a customer is liable for the repair or replacement, the actual cost may be added to the water bill for the property served by the water meter.
   D.   Meter Installation Requirements: Water meters may only be installed by persons authorized by law to do so, and pursuant to applicable approval from the city. Water meters must be installed in accordance with the requirements of section 6-2-3 of this chapter, and will be inspected by the city for compliance therewith. (Ord. 3022, 3-28-2005)
6-2-6: WATER MAIN EXTENSIONS; NEW WATER RESERVOIRS AND PUMP STATIONS; COST REIMBURSEMENT:
The following criteria apply to water main extensions, new water reservoirs and new water pump stations, and providing for rebate of reimbursable costs:
   A.   Where water main extensions are required to serve facilities, structures, or subdivisions, installation must conform to the following requirements:
      1.   Beginning at the point where service is available, the main must be extended in the public right of way to the property being served and in the public right of way along the entire frontage of the served property. If public right of way is not available for installation of the main, then the main may be installed in an easement exclusive to the city that is at least twenty feet (20') in width. The director of public works may authorize a narrower easement width upon a showing of special circumstances and a showing that the narrower easement width is not detrimental to the city's ability to service, maintain, or replace the main. To ensure the orderly expansion of city water mains and connectivity for service to adjacent properties, the director of public works may require the extension of mains in rights of way or approved easements adjacent to and through the property being served. All aspects of the connection, location, and installation of mains are subject to review and approval by the director of public works.
      2.   Main extensions must include all valves, hydrants, and necessary appurtenances required by the city.
      3.   The minimum size for public water mains is eight inches (8") in diameter unless otherwise authorized by the director of public works. All water mains must be installed as authorized by the director of public works. At the option of the director of public works, a larger main may be required to provide for future expansion of the water distribution system. When a larger main is required beyond what is needed for meeting peak hourly domestic demand and fire demand for the property to be served, the city will contribute the difference in the materials price between the size needed by the property to be served and the size required by the director of public works.
      4.   All water mains must be looped by connecting to city mains at each end, unless otherwise approved by the director of public works.
   B.   Applications for water main extensions, reservoirs, and pump stations must be submitted to the public works department. City approval of plans and specifications is required prior to the commencement of any construction activity associated with the improvements. The city may elect to construct the improvements. If the public works department arranges for the construction of the proposed extension, reservoir, or pump station, the applicant shall make an advance payment to the city of, or provide a financial guarantee to the city for, one hundred thirty percent (130%) of the city engineer's estimate of the cost of the improvements. The advance payment or financial guarantee is due prior to assignment of priority and scheduling of the installation of the improvements. The public works department reserves the right to schedule the timing of construction in consideration of the season and other workload priorities. Following the completion of construction and final acceptance of the improvements by the city, the city engineer shall total all of the costs involved and subtract the advance payment from the actual cost. Any overpayment will be refunded to the applicant.
   C.   An applicant who has paid for the construction of an extension of a water main, reservoir, or pump station is eligible for a proportional rebate from the owner of adjacent property who subsequently applies to directly install a service connection to the extension of the main, or any new service connection utilizing the reservoir or pump station. The rebate is determined and administered according to the following requirements:
      1.   The applicant must establish eligibility for the rebate by applying for the rebate within one year after acceptance of the completed main extension, reservoir, or pump station.
      2.   For main extensions, the amount of each rebate is determined by dividing the length of property frontage associated with the proposed new service by the total length of property frontage associated with the new main, multiplied by the project cost of the main extension eligible for rebate.
      3.   For reservoirs or pump stations, the amount of the rebate is proportional to the capacity of the reservoir or pump station, or, as agreed upon in a written agreement between the applicant entitled to the rebate and the party obtaining service through the improvement, including the city.
      4.   For a new subdivision, the developer shall pay the entire rebate for all serviceable property within the subdivision as a condition for final plat approval.
      5.   The total cost of a project is the actual cost of construction, including engineering, testing, labor, materials, and administration fee, as provided by the applicant and verified by the public works department.
      6.   The period for which an applicant is eligible to receive rebates is twenty (20) years from the date of acceptance of the completion of the water main extension, reservoir, or pump station by the public works department.
      7.   Rebate payments set forth herein shall be paid to the public works department for direct reimbursement to the applicant.
      8.   If the city requires a main extension larger in diameter than eight inches (8") and participates in the cost in accordance with this section, the main extension rebate to the applicant may not include the amount of the city's participation in the cost.
   D.   The city is entitled to a rebate under the provisions of this section for the amount it pays toward construction, installation, and increased sizing of water mains, reservoirs, and pump stations, and for rebates the city has paid.
   E.   The building and safety division may not issue any permit to a property owner desiring to tap mains subject to a rebate until the public works department certifies that the property owner has first paid the amount of rebate owed. (Ord. 3080, 3-26-2007)
6-2-7: STRUCTURES NOT SERVED BY CITY WATER:
The city may prohibit the construction of any structure which is so situated that it cannot be served with city water or may permit the construction of such structures subject to such reasonable conditions as the city may find necessary if city water cannot be supplied to the structure. Such conditions may include, but are not limited to, the requirement that an adequate water well be provided for the structure 1 . (1979 Code)

 

Notes

1
1. See title 3, chapter 11 of this code for water wells.
6-2-8: WATER RATES:
On and after the effective date of this section, any change or alteration in the water rates and charges set by the city shall be established by resolution passed by the city commission. (Ord. 2243, 1-4-1982)
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