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Applications for water connections shall be made to the City on forms prescribed and furnished by the City. Water connections and water meters shall be installed in accordance with rules and regulations of the City and upon payment of the required connection fee and meter installation fee. All meters shall be installed by and be the property of the City. Connection fees shall not be less than the cost of materials, installation and overhead attributable to such installations. Every user connected to the City’s Water Supply System, whether such user is located inside or outside of the City, shall be subject to the ordinances, rules and regulations of the City which shall be available for inspection at the City Clerk’s office.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
The City is responsible for all water mains and water service lines up to the water shut-off box. The user is responsible for maintenance of the water service line from the shut-off box to the building as well as all inside plumbing. The City shall furnish the meter and yoke, billing the same to the property owner on initial installation and then maintaining the same at the City’s expense. In no case shall water service lines be allowed to leak more than twenty-four hours without repair. In the case of a line leaking after twenty-four (24) hours and the property owner being notified, the City shall terminate the water supply by shutting the same off at the water shut-off box. Property owners or agents shall be liable for penalties as contained in Section 1040.99.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
(a) Requirement for Installation. All premises using water shall be metered, except as otherwise provided by Code. No person, except a City employee, shall break or injure the seal of, or change the location of, alter or interfere in any way with, any water meter. On all new installations there shall be a shut-off on each side of the meter for the purpose of testing, inspecting and replacement of the water meter.
(b) Access to Meters. The Department shall have the right to shut off the supply of water to any premises where the Department is not able to obtain access to the meter. Any qualified employee of the Department shall at all reasonable hours have the right to enter the premises where such meters are installed for the purpose of reading, testing, removing, or inspecting the same and no person shall hinder, obstruct, or interfere with such employee in the lawful discharge of his or her duties in relation to the care and maintenance of such water meter.
(c) Shut-offs Required for Each Unit. In the case of multiple-family living houses, each unit shall be equipped with a shut-off valve for the purpose of discontinuing water/sewer service if the bill to the City is not paid. If no such arrangement is provided, then the property owner is responsible for all delinquent bills regardless of contracts with the tenant. The City is responsible for providing service and has the right to discontinue such service. If no such provision is provided by the owner of the property, then he or she becomes the responsible party.
(d) Reimbursement for Damage. Any damage which a meter may sustain resulting from carelessness of the owner, agent, or tenant or from neglect of either of them to properly secure and protect the meter, as well as any damage which may be wrought by frost, hot water, or steam from a boiler, shall be paid by the owner of the property to the City on presentation of a bill therefore, and in cases where the bill is not paid, the water shall be shut off and shall not be turned on until all charges have been paid to the City.
(e) Meter Failure. If any meter shall fail to register properly, the City shall estimate the consumption and bill accordingly.
(f) Inaccurate Meters. A user may require that the meter be tested. If the meter is found accurate, a charge equal to the amount of staff time (pay plus benefit cost), plus equipment rental, shall be billed for the testing process. If the meter is found defective, it shall be repaired or an accurate meter installed and no charge shall be made.
(g) Accuracy Required. A meter shall be considered accurate if, when tested, it registers not to exceed two (2) percent more to two (2) percent less than the actual quantity of water passing through it. If a meter registers in excess of two (2) percent more than the actual quantity of water passing through it, it shall be considered "fast" to that extent. If a meter registers in excess of two (2) percent less than the actual quantity of water passing through it, it shall be considered "slow" to that extent.
(h) Bill Adjustment. If a meter has been tested at the request of a user and shall have been determined to register "fast", the City shall credit the user with a sum equal to the percent "fast" multiplied by the amount of all bills incurred by said user within the three months prior to the test. If a meter so tested is determined to be "slow", the City may collect from the user a sum equal to the percent "slow" multiplied by the amount of all bills incurred by the user for the prior three (3) months. When the Department on its own initiative makes a test of a water meter, it shall be done without cost to the user, other than his or her paying the amount due the City for water used by him or her as above provided, if the meter is found to be "slow".
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
(a) In General. The City Council shall establish rates and charges for services of the Water Supply System. The rates and charges set by the City Council shall take into consideration all aspects of the operation of the system including administration, operation, maintenance, debt service, replacement and depreciation.
(b) No Free Service. No free water service shall be furnished to any person, firm or corporation, public or private, or to a public agency or instrumentality.
(c) Contracts for Service and Rates and Charges for Service Outside of the City; Franchise Contracts; Outside City Service. The City has previously entered into contracts with certain townships whereby the City has received consideration in exchange for providing certain capital costs, and other indirect costs, of providing service to users of the Water Supply System located in those townships. Rates and charges billed for use by the user of those townships shall be in accordance with the applicable contract.
In the event a non-resident is served by the Water Supply System and whose premises is not located within an Act 425 or Franchise Contract area, the rates charged for Facilities Maintenance Charge and commodity usage shall be multiplied by one and one-half times for residential service.
(d) Payment of Charges by City, Exception. The City shall pay for all water used by it at the rates established by ordinance. The water used through a fire hydrant by the City is hereby deemed to be a public benefit and there shall be no charge for service. Charges against the City shall be payable in quarterly installments from current funds of the City.
(e) Illegal Disconnection, Connection or Tampering With a Water Meter. For illegally disconnecting, connecting or tampering with a water meter, the property owner shall be charged two times the cost of the last quarterly billing. No service shall be provided until such bill is paid in full. If not paid, such cost shall be added to the property taxes and collected as delinquent.
(f) Facilities Maintenance Charge. The Facilities Maintenance Charge shall be charged against every premises connected to the Water Supply System whether water is used or not and shall be calculated on a Residential Equivalent Unit (REU) basis. A single family unit is considered one REU. In the case of a multiple unit residence, each unit shall be charged one Facilities Maintenance Charge REU. In December of each year, or at such other time as may be deemed appropriate, the City shall review REU allocations, taking into account factors such as the amount of use for each class of user in the previous year, and shall adjust such REU allocations as necessary with the revised allocations effective for the following twelve month period or until a subsequent review.
(g) Fee for Water Turn-On after Disconnection. If service is discontinued, a fee, as established by Council, shall be charged to turn the utilities back on. In the case of winter shut-offs, no charge shall be made to turn the utility off. However, a fee shall be charged to turn service back on.
(h) Final Readings. At least twenty-four (24) hours notice shall be given to the City for a final notice reading on a property. If such time limit cannot be given, a fee, as established by Council, shall be made to perform the work on an emergency basis.
(i) Contracts for Service. No user shall receive service from the Water Supply System without first completing a contract application and providing evidence of ownership of the property to be served or, if the user rents or leases the property being served, until providing sufficient deposit with the City to be retained by the City until the renter leaves the property being served. No utility service will be activated without a signed contract, and no billings shall be made to "Occupant" or any person other than the owner of the property being served, or a tenant who has complied with the requirements of this Section, or such other person as the City Manager approves.
(j) Billing Cycle; Penalty; Collection. The City Manager shall have charge of the reading of all meters and shall have all meters read at least quarterly. Bills for water service shall be due and payable when rendered. There shall be added to all bills not paid on or before the twentieth day of the first month following the end of each quarter a penalty of ten percent of the amount of the bill. The Treasurer shall be responsible for collecting all charges and crediting the proper account.
(k) Non-payment of Bills. All bills not paid shall result in the termination of water service to the premises. No user who has had his or her water shut off shall reactivate his or her service by their own action. The City may disable the service to prevent future reactivation.
(l) Liens. By Section 21 of Act 94 of the Public Acts of 1933, as amended, and by the terms of this chapter, the rates and charges for services furnished by the Water Supply System shall be liens on the property served. The City shall certify those rates and charges delinquent for six months or more to the City tax assessing officer, who shall enter the amount of the delinquent rates and charges on the tax roll against the premises to which the service was rendered, and who shall collect the rates and charges and enforce the lien in the same manner as provided for the collection of ad valorem property taxes assessed upon the same roll and the enforcement of the lien for taxes.
For premises equipped with a separate water shut-off, in all cases where a tenant represents to the City, by filing an affidavit evidencing the legal execution of a lease containing a provision that the lessor shall not be liable henceforth for payment of water or sewage system bills, then the tenant shall pay to the City a deposit as set by resolution of the City Council from time to time as security for payment of future rates and charges. If the tenant fails to pay rates and charges the delinquent rates and charges shall not become a lien against the premises. The City shall, however, cease to provide water service to the tenant's premises until the tenant pays the delinquent charges in full.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
The City Manager may regulate, limit or prohibit the use of water for any purpose. Such regulations shall restrict less essential water uses to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for fire-fighting. No such regulation, limitation or prohibition shall be effective until twenty-four (24) hours after the publication thereof in a newspaper of general circulation in the City. Any person violating such rule or regulation shall be deemed guilty of a misdemeanor.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
The City Manager may make and issue additional rules and regulations concerning the Water Supply System, connection thereto, meter installation and maintenance, connection and meter installation fees, hydrants and water mains and the appurtenances thereto, not inconsistent with this chapter. Such rules and regulations shall be effective upon approval by the City Council. The rules and regulations now in effect shall continue until changed in accordance with this section.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
No person, except an employee of the City in the performance of his or her duties, shall open or use any fire hydrant except in case of emergency, without first securing a written permit from the City and paying such charges as may be prescribed. Violation of this section shall be a civil infraction.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
Whenever the City determines that it is necessary to acquire, construct, furnish and equip improvements, replacements or extraordinary repairs to the Water Supply System, and to borrow money and issue bonds to pay those costs, the City shall adopt a separate bond authorizing ordinance in compliance with the provisions of Act 94 of the Public Acts of 1933, as amended.
(Ord. Unno. Passed 9-7-99; Ord. No. 466. Passed 6-2-09.)
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