The following regulations, prohibitions, and conditions shall be deemed to supplement the bond ordinance and the water and sewer rate ordinance adopted by the city in connection with the financing:
(A) All taps and connections to the water and sewer of the city shall be made by and under the direction and supervision of the manager.
(B) Water service may be discontinued by the manager for any violation of any rule, regulation, or condition of service, and especially for any of the following reasons:
(1) Misrepresentation in the application or contract as to the property or fixtures to be supplied, or as to additional use of water and/or supplied, or as to additional use of water and/or sewer service, or as to unusual or extraordinary use of sewer facilities;
(2) Failure to report to the city additions to the property or fixtures to be supplied, or of additional use of water and/or sewer service;
(3) Resale or giving away bulk water;
(4) Waste or misuse of water due to improper or imperfect service pipes and/or failure to keep same in suitable state of repair;
(5) Tampering with meter, meter seal, service, or valves, permitting such tampering by others;
(6) Connection, cross-connection, or permitting the same, of any separate water supply to premises which receive water from the city; or
(7) Nonpayment of bills.
(C) Any customer desiring to discontinue the water and/or sewer service to his or her premises for any reason must give notice of discontinuance in writing at the city hall; otherwise, a customer shall remain liable for all water used and water and/or sewer services rendered to such premises by the city unless said notice is received by the city.
(D) (1) For owner-occupied properties, bills and notices relating to the conduct of the business of the city will be mailed to the owner at the address listed on the application unless a change of address has been filed in writing with the city. For tenant-occupied properties, bills and notices relating to the conduct of the business of the city will be mailed to the address listed on the tenant’s application, addressed first to the real property owner and in care of the tenant. The city shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from payment of any bill or any performance required in said notice.
(2) If the occupant of any premises is not also the owner, both the property owner and the occupant shall be responsible for the payment of the water and sewer bill, including any penalties and late fees. If said bill becomes delinquent, as set forth below, water service to the property shall be discontinued and will not be reconnected until either the property owner or the occupant pays the delinquent bill(s). In certain special circumstances, such as a mobile home when the real property owner of the mobile home lot is not also the owner of the mobile home situated on lot and/or the mobile home is occupied by a tenant, all parties associated shall be jointly liable for payment of the water and sewer bill, including any penalties and late fees.
(a) Meters shall be read monthly between 15th and 20th of each month. Bills for water and sewer service will be prepared and mailed on or before the first day of each month. Bills shall be due and payable at city hall or to any designated agent by the 10th day of the month.
(b) All bills not paid by on or before on or before 4:30 p.m. on the past due date, the 10th day of each month, shall be deemed delinquent, and the city shall assess a late fee. Any bill remaining unpaid by 9:00 a.m. on the 20th day of the month shall result in disconnection of service and shall be assessed a reconnect fee. If the customer should pay the delinquent bill in full after 9:00 a.m. on the day of disconnection, but prior to the city actually disconnecting the customer’s water supply, the reconnection fee shall still apply. The city may, but is not required to, serve a customer a written final notice of said delinquency. Any customer is entitled, upon written request, to a hearing before the City Council on the question of termination of service. If a delinquent bill is not paid within ten days after the date of delinquency, and if no hearing is requested, or if a hearing is requested and timely held, and such customer’s delinquency is hereby established, the water supply to the customer may be discontinued without further notice. If, however, prior to discontinuance of service, there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, a registered nurse, or a public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness or infirmity on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days after the time of the city’s receipt of said certification, whichever occurs first.
(c) If a deadline date falls on a Saturday, Sunday or city holiday, such deadline shall not expire until the times specified above on the next succeeding regular city work day.
(E) Where the water supply to the customer has been discontinued for non-payment of delinquent bills, a reconnection fee or charge, as may be specified or revised from time to time in any applicable ordinance, shall be made for reconnection of water service. The reconnection will not be made to either the customer, or a member of the customer’s immediate family, until after all delinquent bills and other charges, if any, owed by the customer to the city have been paid.
(F) The manager shall have the right to require that a reasonable sum, or such other meter deposit as may be specified or revised from time to time in any applicable ordinance, shall be placed on deposit with the city by a customer for the purpose of establishing or maintaining such customer’s credit and/or as assurance for the payment of water or sewer bills by such customer. Deposits shall be placed in an account separate from any other city account and any interest earned shall be retained by the city as a fee for maintaining such account.
(G) All meters shall be installed, renewed, and maintained at the expense of the city, and the city reserves the right to determine the size and type of meter used.
(H) Upon written request of any customer, the city shall test the meter serving said customer. The test will be made without charge to the customer if the meter has not had a prior test. If the test indicates meter accuracy within the limits of 2%, the customer shall be charged the actual costs associated with testing, which may vary from time to time. If a meter is inaccurate in excess of 2%, adjustments shall be made for the two preceding months prior to the test according to the inaccuracy in excess of 2%.
(I) Where a meter has ceased to register, or a meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months’ consumption, considering the conditions of water service prevailing during the period in which the meter fails to register.
(J) The city shall make all reasonable efforts to eliminate interruption of service, and, when such interruption occur, will endeavor to reestablish service with the shortest possible delay. When the service is interrupted, all consumers affected by such interruption will be notified in advance whenever possible.
(K) The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs. No person shall be entitled to either damages or a payment refund for any interruption of service that the city deems necessary.
(L) Customers having boilers and/or pressure vessels receiving a supply of water from the city must have a code compliant reduced pressure zone device double check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case the water supply from the city is discontinued or interrupted for any reason, with or without notice. Customers using a city supply of water to fill portable or mobile tanks must have a code compliant reduced pressure zone double check valve and air break on the water fill supply line to prevent backflow contamination of the city water supply. Reduced pressure zone devices shall be tested annually at the customer’s expense and the results shall be provided to the city.
(M) The premises receiving a supply of water and all service lines, meters, and fixtures, including any fixtures within said premises, shall be subject to inspection by the duly authorized employees of the city during all reasonable hours.
(N) Piping on the premises of a customer must be so installed that connections are conveniently located with respect to the city lines and mains. The customer shall provide a place for meeting that is unobstructed and accessible at all times. The customer shall furnish and maintain a cutoff valve on his side of the meter, and the city will furnish a like valve on its side of the meter.
(O) The customer’s service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner and in accordance with the city’s rules and regulations and with the regulations of the Department of Health and State Plumbing Code.
(P) If any loss or damage to city’s property or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, a member of his or her household, his or her agent, employee or tenant, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
(Q) Water furnished by the city may only be used for domestic consumption by the customer, members of the customer’s household, and the customer’s employees. The customer shall not sell or give bulk water to any other person.
(R) Each customer shall grant or convey, or shall cause to be granted or conveyed, to the city, a perpetual easement and rights-of-way across any property owned or controlled by the customer for water and/or sewer lines, and any associated construction or maintenance work, whenever said easement or rights-of-way is necessary to enable the city to furnish service to the customer.
(S) (1) Water for building or construction purposes will be furnished by meter measurement, only after suitable deposit has been made. The manager shall determine the amount based upon the size and type of the construction work contemplated. All water for building or construction purposes, as set forth in the permit must pass through one and the same meter.
(2) Water so supplied shall be discharged through a hose or pipe directly upon the material to be made wet, or into a barrel or other container, and in no case upon the ground or into or through a ditch or trench. The discharge hose or pipe shall not be permitted to remain in the receiving materials or container when not actually discharging water. The applicant shall prevent both the use of water by any party other than the applicant and the use of water for any purpose or upon any premises not so stated or described in the application. If the applicant fails to prevent such use, water service may be discontinued to the application without notice.
(T) Special terms and conditions may apply when the city or the community uses water for public purposes such as fire extinguishment, public parks and the like.
(U) (1) The city may construct extensions to its water and sewer lines to points within its service area, but the city is not required to make any such installation unless the customer pays to the city the entire cost of the installation. All line extensions shall be evidenced by a contract signed by the city and the person advancing funds for said extensions.
(2) All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the city; such extension shall be the property of the city; and no other person shall have any right, title, or interest therein.
(V) The city may refuse service to any person, not presently a customer, when in the opinion of the city, the capacity of the facilities will not permit such service.
(W) These rules may be changed, amended or supplemented.
(X) Complaints may be made to the manager of the system, whose decision may be appealed to the governing body of the city within ten days; otherwise, the manager’s decision will be final.
(Y) The city may allow one payment extension every 12 months as long as the customer comes into city hall prior to the disconnect date and completes the extension form. If the customer is a renter of the property to which the extension is being requested, the landlord of said property must also give written permission for payment extension. When the city approves payment extension, the payment must be paid in the same month as the payment due date and cannot go into any other month.
(Ord. 2019-01, passed 4-9-2019) Penalty, see § 10.99