(A) Water shutoff valve. As a condition of water service, each customer must have a functioning water shutoff valve, commonly known as a “Buffalo box” or “b-box,” which provides a means of turning off entirely water service to the customer’s premises. For purposes of this section, a CUSTOMER is any person owning, controlling or occupying any premises that is served by the city’s water system; for any premises that is served by a single water shutoff valve affecting multiple independent units on such premises, then each customer on such premises shall be jointly and severally responsible for the water shutoff valve as set forth in this section.
(1) Be a violation of this section; and
(2) Authorize the city to undertake such maintenance, repair, removal, or replacement, the cost of which shall be deemed an additional cost of water service. If, pursuant to this chapter, water service to a property ceases for any reason, the city may charge a reasonable fee for the re-establishment of water service to that property. Any outstanding costs, charges, taxes, fixed fees, fees related to water consumption, penalties, or other amounts relating to water service, the re-establishment of water service, or water shutoff valves associated with a property shall be deemed to be costs attributable to the property irrespective of ownership or occupancy, and payment of any such outstanding amounts is a condition of re-establishing water service to that property, whether or not the customer who incurred such costs, charges, taxes, fees, penalties, or other amounts currently owns the property, previously owned the property, or is a current or previous tenant upon the property.
(C) City access. Each customer must maintain the water shutoff valve for any premises in an area to which the city has access. Any customer receiving water service from the city has, by acceptance of water service, granted the city an easement and license to access the water shutoff valve when required, as may be determined by the city.
(1) Should the water shutoff valve be located in an area to which the city’s access is impaired by any landscaping or other improvements installed by or on behalf of a customer, the city may still access the water shutoff valve, but the city shall have no responsibility to restore the premises other than to fill any excavation and return it to the surrounding grade.
(2) No person may interfere with the city’s access to a water shutoff valve, including, but not limited to, camouflaging or otherwise concealing the location of a water shutoff valve.
(3) To the extent that the customer has directly or indirectly concealed or permitted the concealment, or otherwise interfered with access to a water shutoff valve in a manner that causes the city to incur additional costs when accessing a water shutoff valve, the city has the discretion to charge the customer for such additional costs as a cost of water service.
(4) In the event that a customer fails to maintain a water shutoff valve in a functional manner and the city has a need to utilize such shutoff valve, the city shall have the right to undertake the repair or removal and replacement of the shutoff valve, and all costs relating to such repair, removal, and replacement of a shutoff valve shall be deemed additional costs of water service payable with the customer’s next water bill. Failure to pay such costs will be treated in the same manner as a failure to pay any other water service charges relating to the city’s water system.
(5) In the event any customer interferes with the city’s access to a water shutoff valve, such interference shall be a violation of this section and shall:
(a) Subject the customer to fines in an amount not less than $250, but not more than $750, per occurrence, and each day a violation occurs or continues shall be deemed a separate occurrence; and
(b) Be grounds for terminating such customer’s water service.
(D) Other sections. Nothing in this section shall alter provisions in this code of ordinances:
(1) Regarding responsibility for all maintenance and repairs to all plumbing and private service lines leading from any city water main to any premises, including such part of any service lines lying within a city street, alley, easement or across other private property; or
(2) That establish procedures for water shutoff or restoration. Notwithstanding the foregoing, this section shall control over any inconsistent provisions in this code of ordinances.
(Ord. 11-23, passed 10-3-2011; Ord. 2015-57, passed 10-5-2015)