1044.04.  GENERAL PROVISIONS.
   (a)   Scope of Chapter. No water or sewer facilities of the City shall be sold, leased or used in any manner, except as provided in this chapter.
   (b)   Sewer Connection Required. Every person owning or using property in the City, upon which sewage is created, is hereby required to provide an adequate connection with a sanitary sewer line of the City, whenever one is available, as required by Chapter 1042.
   (c)   Inspection. The Director of the Department of Public Works may enter any premises and inspect any installation connecting to the water or sewer facilities of the City and may examine any of the matter being dumped into such an installation.
   (d)   Harmful Matter. If, in the opinion of the Director, any harmful matter is found being dumped into the City sewer lines, causing excessive depreciation or damage beyond that generally anticipated, he or she shall report his or her findings to the City Manager, who may order the use of such sewer line discontinued or may direct that an additional charge be made for the use thereof, commensurate with the additional burden caused thereby, which action may be reviewed by Council, whose decision shall be final.
   (e)   Contract. This chapter constitutes a contract between the City and any person making use of the City water and sewer facilities, and the City reserves the right to amend this chapter at any time it deems necessary or when so required by the law. Any such amendment shall automatically amend or create a new contract between the City and a customer, and all amending terms shall become binding upon their effective dates.
   (f.)   Breach of Contract. The violation of, or the failure to comply with, any of the provisions of this chapter shall constitute a breach of contract on the part of the customer, and the customer's use of the facilities provided for in this chapter shall be terminated by the Department of Public Works.
   (g)   Separate Ownership. In cases where a number of persons or premises are supplied through one meter and one service, and one or more of the buildings or premises are sold or transferred or otherwise pass under separate ownership, the owners of the building or premises shall disconnect such buildings or premises and provide direct, individual installations for each separate owner.
   (h)   Temporary Service. Temporary use of water and sewer facilities may be provided on approval of the Director under such terms as may be directed by the Director, which terms shall, in all instances, be sufficient to compensate the City for all expense incurred and water used.
   (i)   Liability. The City, in supplying the facilities provided for in this chapter, shall use reasonable care but shall not be liable for any damage caused by shut-off, breakage, stoppage, variation in pressure, explosion or failure of any kind whatsoever in the operation of water and sewer facilities.
   (j)   Change of Ownership or Occupancy. Whenever a customer ceases to use the facilities provided for in this chapter through a sale of property, a change of tenancy or otherwise, such customer shall notify the City in writing of his or her termination of the use of such facilities. Failure of a customer to give such notice to the City shall continue the contract between the City and the customer, at the option of the City, and the customer may be held liable for all of the services provided or furnished the premises until such notice is properly given.
   (k)   Use of Facilities Terminated. Whenever the Department receives notice of the termination of the use of the facilities provided for in this chapter, it shall, forthwith, proceed to disconnect or shut off such facilities as may have been provided and make a final reading of any meter located upon the premises affected. However, if a new customer has obtained a permit for continuing the use of such facilities, the Department shall only make a final reading of a meter located upon the premises, and the use of such facilities shall be continued under the new permit.
   (l)   Shut-Off for Violation. If a person violates or fails to comply with any of the provisions of this chapter, the Department shall, forthwith, terminate the use of the facilities provided to such person by disconnecting or shutting off the same, in which event the use of such facilities shall not again be permitted until all liability to the City is fully satisfied and assurance is provided, as may be required by the City Clerk, that no further violations will occur.
   (m)   Waste of Water. Every customer shall at all times exercise due diligence to prevent the waste of water, and to this end the customer shall be charged with the immediate stopping of all leaks and the proper operation of all shut-off cocks included in his or her installations. At no time shall he or she allow a shut-off cock to remain open and unattended without good use being made thereof.
   (n)   Fire Hydrants. The Department shall compile and maintain a complete record of all fire hydrants and shall install such additional hydrants, or remove or change the location of such existing hydrants, as the Manager may direct. The Department shall at all times be charged with the replacement, repair and operation of such hydrants.
   (o)   Emergency Restrictions. If an emergency is created due to a shortage of water, the City reserves the right to restrict the use of water from its mains to whatever degree is deemed necessary in the opinion of the Manager, in which event the Manager shall give notice of such restriction by publication, loudspeaker, handbill or mail distribution. 
(Ord. 623.  Passed 10-30-95.)