(A) (1) Whenever a person, firm, corporation or entity occupying any premises requests or obtains potable water service from the city’s water system, and irrespective of whether the city obtains a deposit to secure payments for such potable water service, there shall be established a water account for such premises that shall remain in effect unless and until a final water bill is requested and paid, and a certified receipt of final payment is issued from the city relating to such account. In the event of a transfer of interest in or occupancy of a premises, the account holder must notify the city in writing before the date of the transfer and the name of the entity to which the premises is to be transferred. Absent such notification, no final water bill may be issued, and the account holder will remain responsible for any and all fees, charges, rates, penalties, fines, obligations and liabilities accrued until such time that notice is given and the final water bill is issued. Whenever a premises has an active water account with the city, any person, firm, corporation or entity to whom an interest in or occupancy of a premises is transferred has the obligation to notify the city in writing no later than the time of such transfer of their interest or occupancy, which notice must request a change in the water account and identify the premises, the date of the transfer and the name of the entity from whom the premises is being transferred.
(A) (1) Whenever a person, firm, corporation or entity occupying any premises requests or obtains potable water service from the city’s water system, and irrespective of whether the city obtains a deposit to secure payments for such potable water service, there shall be established a water account for such premises that shall remain in effect unless and until a final water bill is requested and paid, and a certified receipt of final payment is issued from the city relating to such account. In the event of a transfer of interest in or occupancy of a premises, the account holder must notify the city in writing before the date of the transfer and the name of the entity to which the premises is to be transferred. Absent such notification, no final water bill may be issued, and the account holder will remain responsible for any and all fees, charges, rates, penalties, fines, obligations and liabilities accrued until such time that notice is given and the final water bill is issued and paid.
(2) Whenever a premises has an active water account with the city, any person, firm, corporation or entity to whom an interest in or occupancy of a premises is transferred has the obligation to notify the city in writing no later than the time of such transfer of their interest or occupancy, which notice must request a change in the water account and identify the premises, the date of the transfer and the name of the entity from whom the premises is being transferred. A transferee who fails to so notify the city as provided in this division (A) and thereafter uses water from the premises will be deemed to have an assumed, and to become jointly and severally responsible for, the pre-existing water account for the premises and all obligations thereof, irrespective of the water usage by the transferee, except with respect to lessees in accordance with division (A)(3) below.
(3) A lessee who is a responsible party under an existing water account may be relieved of further responsibility for such water account as follows:
(a) Whenever an existing water account is being terminated due to a transfer of ownership, any such person, firm, corporation or entity responsible for such account under this section shall first make a request for a certificate of compliance. If a notice of violation is issued pursuant to division (E) below, a lessee responsible for such account may file a request for termination of water service to the premises on forms provided by the city, which request shall also be served upon the lessor and owner of the premises. Within seven business days after the filing of such request, the Superintendent of Water or the Superintendent’s designee shall render a final bill for water services to the lessee. After the lessee delivers final payment to the city relating to such account (including any and all fines, penalties, late fees and interest that may be due), water service to the premises shall be terminated until a certificate of compliance is obtained and a reconnection fee is paid in accordance with this section. The lessee shall be relieved of any further responsibility for such water account upon final payment and termination of such service to such premises. If more than one person, firm, corporation or entity has occupied or owned the premises during the pendency of such account, each such person, firm, corporation and entity shall be jointly and severally liable for all matters and charges relating to such account.
(b) If a lessee’s lease and occupancy of premises is concluding without the transfer of ownership of the premises, a lessee may file a request for release from the water service account for the premises on forms provided by the city, which request shall also be served upon the lessor and owner of the premises. Within seven business days after the filing of such request (unless the lessor or owner of the premises objects in writing within that time), the Superintendent of Water or the Superintendent’s designee shall render a final bill for water services to the lessee. After the lessee delivers final payment to the city relating to such account (including any and all fines, penalties, late fees and interest that may be due) and ceases use and occupancy of the premises, such lessee shall be released from further responsibility for such account, but the owner, lessor, and any occupant of the premises shall be and remain responsible for such water service account as otherwise provided in this section.
(B) Whenever an existing water account for any premises improved with a single-family or two-family dwelling is being terminated due to a transfer of ownership, as a condition of receiving a certified receipt of final payment from the city with respect to the water account for such premises (except as otherwise provided pursuant to division (A)(3) above), a person, firm, corporation or entity that owns or occupies the premises to which the account relates shall obtain an inspection of such premises by the Director of Community Development or the Director’s designee to verify compliance with the provisions of the city code and other applicable laws, rules and regulations governing or relating to sanitary sewer or water service connections to said premises. If the Director of Community Development or the Director’s designee, based on such inspection of the premises, identifies no violations of the city code or applicable laws, rules or regulations, or any outstanding fines, fees or charges governing or relating to sanitary sewer or water service connections to said premises, the Director of Community Development or the Director’s designee shall issue a certificate of compliance to the person, firm, corporation or entity requesting such inspection. Any certificate of compliance issued pursuant to this division (B) shall expire upon 120 days of its issuance date, unless delivered to the Superintendent of Water as provided in division (C) below, or unless otherwise extended or renewed by the Director of Community Development.
(C) Final water billing.
(1) Transfer of one- and two- family dwellings.
(a) With respect to premises improved with a single-family or two-family dwelling for which a transfer of ownership is impending, any person, firm, corporation or entity that owns or occupies the premises seeking a certified receipt of final payment shall:
1. A. Deliver the certificate of compliance (as issued pursuant to division (B) above) to the Superintendent of Water (or the Superintendent’s designee); and
B. Request a final water meter reading;
2. Both to occur within 120 days after the issuance of such certificate of compliance.
(b) Upon receipt of such certificate of compliance and request for a final water meter reading, the Superintendent of Water shall cause a final bill for water services to be rendered based on an actual meter reading. Upon payment of such bill (and any late charges, interest, penalties or fines that may be applicable), the Superintendent of Water shall cause a certified receipt of final payment to be issued to such person, firm, corporation or entity.
(2) Other water service premises. Any person, firm, corporation or entity that owns or occupies premises (except those improved with a single-family or two-family dwelling in connection with an impending transfer of ownership) and seeking a certified receipt of final payment shall request the Superintendent of Water to undertake a final water meter reading and cause a final bill for water services to be rendered based on an actual meter reading. Upon payment of such bill (and any late charges, interest, penalties or fines that may be applicable), the Superintendent of Water shall cause a certified receipt of final payment to be issued to such person, firm, corporation or entity.
(D) Whenever a person, firm, corporation or entity occupying or owning a premises requests a final water meter reading for such premises, the city shall have the right to terminate water service to such premises following the issuance of a final bill for water services for such premises, unless the city receives a request to establish a new water account for a premises. If water service is terminated before a request for a new water account is received, the applicable re-connection fee or charge must be paid to the city before water service to such premises will be re-activated.
(E) In the event that any inspection conducted pursuant to division (B) above results in a finding of any violation of the city code or other applicable law, rule or regulation governing or relating to sanitary sewer or water service connections to said premises, or any outstanding fines, fees or charges relating to said premises, the Director of Community Development shall cause to be issued a written notification of such violation or violations (the “notice of violation”), within five days after such inspection, to the person, firm, corporation or entity owning or occupying such premises (based on water billing information or other information available to the city). Such notice of violation shall set forth with reasonable particularity the nature of each violation identified in such inspection, or any outstanding fines, fees or charges, and shall direct that each such violation be corrected, or that any outstanding fines, fees, or charges be promptly paid. Upon correction of any such violation or violations, the person, firm, corporation or entity owning or occupying the premises shall request the Director of Community Development to conduct a re-inspection of the premises’ sanitary sewer or water service connection for purposes of obtaining a certificate of compliance; provided, however, that no certificate of compliance shall be issued unless all violations identified in the notice of violation have been corrected, the re-inspection shall identify no other violations with the premises’ sanitary sewer or water service connection, and all other conditions of a certificate of compliance shall be satisfied; and, provided further, that no certificate of compliance shall be issued unless any outstanding fines, fees or charges relating to said premises have been paid.
(F) The fee for any inspection or any re-inspection conducted pursuant to this section shall be as established and published from time to time by the Director of Community Development or as otherwise set by the city.
(G) Notwithstanding any other provision of this section, and in accordance with the city’s governmental functions to protect the public health, safety and welfare and to protect and preserve its water, sanitary sewer and other public service systems, the City Council shall have the power, in its sole and absolute discretion, to designate areas of the city from time to time for inspection by the Director of Community Development or the Directors designee of all premises within any such area to verify compliance with the provisions of the city code and other applicable laws, rules and regulations governing or relating to sanitary sewer and water service connections to said premises (“inspection area”). In the event that the City Council shall designate an inspection area, the following procedures shall be followed:
(1) The City Manager shall cause notice to be served by personal service or by certified mail, return receipt requested, upon each owner within such inspection area. For purposes of this division (G),
OWNER shall be the person to whom the tax bill for the general taxes for the last preceding year was sent. All notices shall be served no less than five days prior to the first scheduled inspection in any inspection area.
(2) The Director of Community Development or the Director’s designee is hereby empowered to enter each premises within any inspection area, after proper notice has been made, to inspect each premises to verify compliance with the provisions of the city code and other applicable laws, rules and regulations governing or relating to sanitary sewer and water service connections to each such premises. Any person, firm, corporation or entity that refuses to allow the Director or the Director’s designee reasonable access to his, her or its premises following receipt of notice shall be in violation of this division (G)(2) and subject to penalties, fines and other remedies that the city may pursue under the code.
(3) In the event that such inspection of a premises, does not identify any violations of the city code or applicable laws, rules or regulations governing or relating to sanitary sewer or water service connections to said premises, or any outstanding fines, fees or charges relating to said premises connection to sanitary sewer or water service, the Director of Community Development or the Director’s designee shall issue a certificate of compliance to the owner. Such certificate of compliance shall not have an expiration date, but its issuance to any owner within an inspection area shall not relieve any such owner of the requirements set forth in division (B) above, except as may be permitted under division (H) below.
(4) In the event that such inspection of a premises results in a finding of any violation of the city code or other applicable law, rule or regulation governing or relating to sanitary sewer or water service connections to said premises, or any outstanding fines, fees or charges relating to said premises’ connection to sanitary sewer or water service, the Director of Community Development shall cause to be issued a notice of violation within five days after such inspection, to the owner. Such notice of violation shall set forth with reasonable particularity the nature of each violation identified in such inspection, or any outstanding fines, fees or charges, and shall direct that each such violation be corrected, or that any outstanding fines, fees or charges be promptly paid. The owner shall be required to follow the corrective procedures and re-inspection provisions set forth in division (E) above. Issuance of a certificate of compliance to an owner after any violations have been corrected shall not relieve any such owner of the requirements set forth in division (B) above, except as may be permitted under division (H) below.
(5) Each owner within an inspection area shall be responsible for all applicable fees established pursuant to division (F) above.
(H) The Director of Community Development or the Director’s designee may, in the Director’s reasonable discretion, waive the need for an inspection and certificate of compliance for any premises improved with a single-family or two-family dwelling if such premises had received a certificate of compliance within three years prior to a request for a final water bill or a notice issued pursuant to division (G)(2) above. No such waiver shall be valid unless in writing and signed by the Director.
(I) Nothing in this section shall limit the city’s authority with respect to securing compliance with or enforcing any applicable city code or other applicable law, rule or regulation. In addition, inspections or certificates of compliance undertaken or issued under this section are solely for the benefit of the city as part of its governmental functions to protect the public health, safety and welfare and to protect and preserve its water, sanitary sewer and other public service systems. No person shall rely on such inspections or certificates for any other purpose.
(J) The Director of Community Development shall have the authority to establish rules and standards for inspections conducted pursuant to divisions (B), (E) and (G) consistent with the objectives of this section as well as personnel and budgetary capabilities.
(Prior Code, § 44-51) (Ord. 03-09, passed 2-20-2003; Ord. 2008-41, passed 12-1-2008; Ord. 2015-57, passed 10-5-2015)