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(A) In the event of any change in ownership or occupancy of any premises connected to the system, it is the responsibility of the current Customer to close the utility account and the responsibility of the new customer to apply for new service. In addition to applying for new service pursuant to § 51.030, the new Owner or tenant is required to provide proof of occupancy, such as a closing statement or deed for ownership, or a copy of a lease for tenancy change, to establish the exact date of ownership or tenancy change. The current Owner or tenant is responsible for all utility charges on the account up to the date of the ownership or tenancy change, and the new Owner or tenant is responsible for all utility charges thereafter.
(B) When a customer vacates or sells property, leaving an unpaid bill, the City may refuse any service the same Customer may be using or intends to use in the future, until the original delinquent account is paid in full, regardless of whether the other accounts of the Customer are in good standing.
(‘72 Code, § 36-21) (Ord. 205, passed - - ; Am. Ord. O-2005- 04, passed 5-4-05; Am. Ord. O-2019-18, passed 9-18-19)
(A) Duty of owner or tenant; report to utility customer service office; penalty.
(1) It shall be the duty of every owner, his or her agent or tenant, to at all times exercise due diligence to prevent the waste of water, and to this end shall immediately stop all leaks on his or her premises, and shall notify the utility customer service office promptly of any leak discovered other than upon his or her premises, thus to enable the prompt stopping thereof.
(2) Persisting in any willful waste, or neglect to promptly stop water through leaks on part of any owner, his or her agent or tenant, shall be sufficient cause to authorize the city to discontinue its service and shut off the water supply from and to the premises in question, without notice.
(3) Whenever the water supply to and for any premises has been shut off because of leaks or waste, the same shall not be turned on again until all cause for shut-off shall have been remedied or removed, and until satisfactory assurance shall be given to the city that the condition causing the shut-off will not again exist by the owner, or his or her agent or tenant, and the charge for service disconnection pursuant to § 51.130 shall have been paid to the city to cover the cost of turning on said water supply again.
(‘72 Code, § 36-54)
(B) Refunds for loss of water not allowed. Under no circumstances will abatements, allowances, deductions or refunds be made to customer accounts for or on account of water used, lost or wasted through leaks, carelessness, neglect or otherwise, after the same has passed through the meter. (‘72 Code, § 36-42)
(C) Rate adjustment. An account with usage exceeding 200% of the average monthly usage for the previous 12 months in any month commencing on or after March 1, 2009 will be considered once in a 12-month period for adjustment of such monthly overage to the lowest tiered water rate for an adjustment period of up to two months, subject to the customer providing supporting documentation of the existence and subsequent repair of a leak or other valid circumstances causing the overage. The granting of a rate adjustment will be subject to the approval of both the Director of Financial Services and the Director of Public Utilities or their designees.
(Ord. 205, passed - - ; Am. Ord. O-72-206, passed 12-6-72 ; Am. Ord. O-2005-04, passed 5-4- 05; Am. Ord. O-2010-14, passed 6- 2-10; Am. Ord. O-2011-03, passed 1-19-11; Am. Ord. O-2019-18, passed 9-18-19)
(A) Installation. Upon receipt of instruction from city authorities, the Public Utilities Department at its own cost and expense will install, at any location on any public or private highway or thoroughfare, a standard fire hydrant or plug, having two, two and one-half-inch hose nozzle, and one four and one-half-inch streamer nozzle and six-inch cast-iron service pipe from the Department's street main, and provided further the size of the street main and the surrounding distributing system and the available pressure on said street main and the surrounding distributing system is, in the discretion of the Department, sufficient to enable the giving of proper service at the fire hydrant under normal and ordinary conditions.
('72 Code, § 36-56)
(B) Use only for fire fighting; exception. All fire hydrants or plugs shall be used for fire protection purposes exclusively. All use of fire hydrants or plugs for sprinkling, sewer flushing, watering, filling of other carts or receptacles, and any use of fire hydrants or plugs other than for strictly fire protection (meaning thereby extinguishment of fires or wetting down surrounding properties during a fire to prevent its spreading) is prohibited unless any such other use is permitted by the Department and evidenced by a written permit signed by its Superintendent, which said permit shall be exhibited to any and all employees of the Department.
('72 Code, § 36-57)
(C) Payment of annual maintenance charge outside the city. A charge per water hydrant outside the city to be established by resolution of the City Commission shall be paid by the appropriate governmental agency or private customer to the city if the city is responsible for maintaining said water hydrant.
(‘72 Code, § 36-59) (Ord. 1792, passed - - ; Am. Ord. O-72-23, passed 2-16-72 ; Am. Ord. O-2005-04, passed 5-4-05; Am. Ord. O-2014-15, passed 7-16-14)
(D) Payment of annual rental outside the city. A charge per water hydrant outside the city to be established by resolution of the City Commission shall be paid as annual rental by the appropriate governmental agency or private customer to the Water Revenue Fund for the use of each hydrant for fire protection and service.
(‘72 Code, § 36-59.1) (Ord. O-72-23, passed 2-16-72; Am. Ord. O-2014-15, passed 7-16-14)
(A) Each and every owner will be held fully responsible and liable by and to the city for all that is done or omitted on, in or about premises by any agent or tenant or other persons not in the employ of the city, who may gain access thereto.
(B) The tenant in or upon any premises of any Owner, shall at all times and for all purposes be connected with or arising from the City’s water supply service to and for such premises except the making of the original application for water supply service pipe and contract, and shall be taken and construed to be the properly constituted agent of the Owner.
(‘72 Code, § 36-60) (Ord. 205, passed - - ; Am. Ord. O-2005- 04, passed 5-4-05; Am. Ord. O-2019-18, passed 9-18-19)
(A) Water supply to the premises.
(1) The city curb stop on any and all service connections shall not be in any way used by the owner, his employees or agents for turning on or shutting off the water supply.
(2) All such turning on or shutting off the water supply by the owner shall be made with a separate shut-off valve, located or to be located on the customer side of the meter. All turning or shutting off of the water supply at the meter shall be done exclusively by the city.
(B) Authority and grounds for disconnection of service. All contracts shall be subject to cancellation and service thereunder discontinued by the city, for the following reasons:
(1) For misrepresentations or concealment in the application as to the premises or fixtures to be furnished with water supply service, or the use to be made of such service.
(2) For waste or excessive use of water through improper or imperfect pipes, fixtures or appliances, or in any other manner.
(3) For refusal or neglect to make any advance payment, if such is required by the city, or for refusal or neglect to comply with any requirements of the city as to meter service connection maintenance, alteration or renewal or other requirement relating to the water supply service of the city.
(4) For the use of water supply service for or in connection with or for the benefit of any other premises or purpose than that stated in the application.
(5) For any interference or tampering, whether by act of commission or omission, with the meter measuring the water supply, or with seals of any meter, or with any meter box or vault, or with service pipes, or valves of any seals thereon, or with any applicant of the city or with any appliance of the owner, which was or is required by the city for controlling or regulating the water supply service, or who shall make or cause to be made any connection with any main service pipe or other pipe, appliance or appurtenances used for or in connection with the city in such manner as to supply water from such connection to any faucet or other outlet whatsoever without such water passing through a meter or other measuring device used by the city for measuring and registering the quantity so passing though, or shall make or cause to be made without the written consent of the city any connection with any main, pipe, service pipe, or other instrument or appliance in such manner as to take used or waste water; or shall make or cause to be made any connection with any premises or buildings other than the premises or building intended as stated in the application for service to be served by such water connection, or with intent to defraud the city, and for the purpose of his regulation and interference or tampering with any appliances used in connection with or for controlling or regulating the water supply service to any premises, shall be construed and taken to be an act of the owner or consumer using water service at said premises.
(6) Where there has been a change in the ownership of the premises, but no application from the new owner or owners has been made and approved by the city.
(7) Where the city has been or is being defrauded in any way.
(8) Where the contract has been in any way terminated by the owner.
(9) Any improper or illegal connections determined by the city to be detrimental to the public health.
(10) The violation of any rules of the city.
(11) Turning on or shutting off the water supply at the city curb stop or at meter by the owner, his or her employees or agents shall subject the owner or consumer to an administrative fee pursuant to § 51.130 of this chapter. Upon the second offense, the city may, at its option, discontinue the service and cut off the water supply to said premises so long as the owner or consumer continues to reside at said premises.
(‘72 Code, § 36-23)
(C) Emergency shut-off of service. In case of accidents, breakdowns, shortage of water supply or any causes beyond its control, or because of any act or omission on the part of the city or Department, or their agents, or any of them, or in case of the making of repairs, renewals, or replacements, the city reserves the right to shut off the water supply from any one or any number of premises without notice, and shall in no manner be held responsible for any consequence of such shut-off.
(‘72 Code, § 36-51)
(D) Notice of shut-off. The city will give notice in the manner deemed in its discretion to be most effective, of any shut-off of the water supply wherever and whenever the giving of such notice is practicable, but nothing in this chapter shall be construed to require the giving of such notice under any circumstances.
(‘72 Code, § 36-52)
(E) Refunds or credits not to be made because of shut-off. The shutting off of the water supply from and the discontinuance of service to, any premise or premises for any cause shall not entitle the owner to any abatement or deduction in or from the water service charges, nor to any refund on any such charges paid in advance, during or for the time of such shut-off unless the city determines that the shut-off was necessary due to an act of God and a refund or credit is warranted
(‘72 Code, §36-53)
(Ord. 205, passed - - ; Am. Ord. O-72-206, passed-12-6-72 ; Am. Ord. O-2005-04, passed 5-4-05)
PRIVATE FIRE SERVICE PROTECTION
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