§ 51.08 WATER RATES AND BILLING.
   (A)   Generally. Water rates for resident family dwellings and commercial users shall be set by either resolution or ordinance by the City Council. There shall be a minimum monthly demand charge for water for all users based on the size of the meter which shall include the first 1,000 gallons of water used, plus a standard rate fee per 1,000 gallons of water used over the first 1,000 gallons. City Council shall adopt and revise by resolution a fee schedule for metered and flat rate water.
   (B)   Water rate for municipal facilities. Water for the city will be metered, billed and credited back to the function charged by the Water Fund as a transfer in (forgiveness).
   (C)   Water rate for out of the city, and other exceptions.
      (1)   The water rates of users out of the city shall be calculated as follows.
         (a)   A out of the city user having only one separate service with one meter shall pay two times the minimum monthly fee, and two times the standard water rate over 1,000 gallons for resident users.
         (b)   A out of the city user having more than one separate service with one meter shall pay two times the minimum monthly fee for each service had each service been metered individually, and two times the standard water rate over 1,000 gallons for resident users.
         (c)   The city may negotiate and contract for a different rate for bulk water sales to other entities and the fees will be set by resolution.
         (d)   Hydrant meter rate shall be set by Council and subject to change.
      (2)   Water fill station users: the rates for the water fill station shall be set by Council and subject to change.
      (3)   Pool filling: the rate to fill a residential or commercial pool is set by Council and subject to change, allowed one time per year. Additional fillings shall be at two times the standard cost.
      (4)   Seasonal water users: a regular water account holder can be out of service for more than 90 days without being charged the disconnect or reconnect fee upon getting into service again. If the time out of service is less than 90 days the reconnect fee will apply.
   (D)   Billing upon estimate.
      (1)   If the city is unable to obtain access to premises or dwellings for a meter reading, an estimated bill will be issued based upon the last meter reading.
      (2)   The proper adjustment will be made when the meter reading is obtained. In no case will any bill be estimated more than one billing period. If any meter reading is not obtained at the end of any such billing period, the water will be turned off ten days after notice in writing has been mailed to the last known address of the person charged for water use, or by leaving notice by door card at the address of the consumer account that such water service will be shut off within 48 hours until such meter reading is obtained, and the water shall not be turned on again until the disconnect fee is paid for turning water service off and the reconnect fee is paid for turning the water service on.
   (E)   Construction water; deposit required.
      (1)   On all new construction a construction water account shall be opened any time that construction water is desired.
      (2)   Application for water service shall be made on a form provided by the city. A water deposit shall be made at the time of application per division (F) below.
   (3)   The water user shall notify the Water Department to request the water service to be turned on for construction water use. The Water Department shall provide the necessary meter yoke to be installed by the plumbing contractor. The Water Department shall install the water meter provided that an approved back flow prevention device has been properly installed by the plumber. The water service shall then be turned on by Water Department personnel.
      (4)   Construction water accounts shall be billed for water use in accordance with division (A) above.
      (5)   Upon the issuance of the certificate of occupancy by the Building Official, the construction water account shall transition out of the construction water account and into the applicable residential or commercial water account.
      (6)   Unauthorized persons shall not turn water service on or off to any structure under penalty as provided in this chapter except as follows:
         (a)   Emergency water leaks;
         (b)   Charging and testing new or newly repaired water service lines; and
         (c)   Flushing of newly installed service lines by a licensed plumber.
      (7)   Penalty: Per SDCL § 46-1-11.
   (F)   Application for water account; credit requirements of water users.
      (1)   Application for water service shall be made by the property owner on a form provided by the city. The application shall include the billing address of the property owner and the account shall be the responsibility of the applicant.
         (a)   A property with one shut off for multiple meters, where there is a new application for water service, is required to have the service placed in the property owner’s name.
         (b)   Transferring rental service into property owner’s name: existing tenants are “grandfathered” as the water account holder. As new tenants are moved in, all new water applications for service shall be made in the name of the property owner.
      (2)   The city shall have the right at any time to require the water user to make a reasonable deposit or to give a reasonable safe guarantee to secure payment of its bills for water service, conforming to the laws of the state.
         (a)   The deposit amount will be set by Council and subject to change, such deposit shall be credited to the customer account after one year provided the account has not been late or delinquent in that time. For accounts where direct payment from the applicant’s financial institution has been approved, security deposits shall be reduced.
         (b)   Hydrant meter deposit will be set by Council and subject to change.
   (G)   Bills and payments.
      (1)   Municipal utility bills are rendered monthly which show billing amounts for various city services as are applicable to a specific user. Bills are due when rendered and are delinquent 15 days after they have been rendered.
      (2)   If any municipal utility user neglects or refuses to pay the amount due for any or all of the municipal charges on or before the delinquent date, the city shall provide such delinquent municipal utility user with a written notice of termination of water service.
      (3)   The notice of termination will specify the reason for the impending shut-off, the exact amount owed, the steps which the municipal utility user can take to avoid the shut-off. The steps necessary to have service restored after the shut-off, and the means to appeal the notice of termination.
      (4)   A municipal utility user shall have the right to appeal said notice of termination to the City Council. Application for appeal shall be made within five business days of notification and shall be made on a form provided by the city. The hearing shall be held during a regularly scheduled City Council meeting. Failure to appeal the notice of termination within the specified time period shall constitute a waiver of the right to an administrative hearing and adjudication of the notice or any portion thereto.
      (5)   Following hearing, if it appears that there is no bona fide and just dispute regarding the bill, a notice of shut-off will be provided the water user, which notice shall specify the time and date the shut-off will be made.
      (6)   Delinquent bills.
         (a)   All municipal utility users whose bills are delinquent shall be subject to a monthly late fee set by Council and subject to change.
         (b)   Accounts that are delinquent greater than 60 days shall have the balance of that account, including any associated fines or fees, assessed to that property and service terminated.
         (c)   Where water service has been disconnected due to delinquency, a disconnect fee and reconnect fee shall be charged.
(Prior Code, § 26-A-08) (Ord. 964, passed 2- -2000; Ord. 970, passed 11- -2000; Ord. 1028, passed 1- -2006; Ord. 1030, passed 2- -2006; Ord, 1063, passed 6- -2008; Ord. 1076, passed 4- -2009; Ord. 1093, passed 6- -2010; Ord. 1130, passed 5- -2013; Ord. 1168,passed 10- -2016; Ord. 1196, passed 12-3-2018; Ord. 1249, passed 11-6-2023)