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8-1-2: APPLICATIONS FOR CONNECTION, SERVICE:
   A.   Connection: Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the city water system, shall file with the water department for each such connection a written and signed connection application, which is on file in the office of the water department.
   B.   Connection By Subdividers: Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement, which shall constitute an application for permission to make the extensions and connections, and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required. (Ord. 2007-33, 12-19-2007)
   C.   Service: Except as otherwise provided by resolution, any business or person who desires or is required to secure water service when such service is available from the city water system, shall: (Ord. 2010-08, 10-6-2010)
      1.   File with the water department a written application and agreement for utility services (including, but not limited to, water service), a copy of which shall be on file in the office of the water department.
      2.   If said business or person is a tenant of the owner of the premises for which service is sought, file with said application and agreement, an agreement signed by the owner of the premises (or the owner's duly authorized agent) guaranteeing payment of tenant's utility services. A copy of such agreement shall be on file in the office of the water department.
      3.   Provide a refundable cash deposit of three hundred fifty dollars ($350.00) as security for the full and timely payment of utility services (including, but not limited to, water, sewer and garbage disposal service).
         a.   The city shall not be obligated to apply the deposit on or towards: 1) any delinquent utility charges or 2) any delinquency related fees related thereto (as defined in subsection 8-1-3A of this chapter). The applicant shall be expected to timely pay, in full, his, her, or its utility charges each month, regardless of whether such deposit monies remain on deposit with the city.
         b.   Application of the deposit sum, or any portion thereof, towards any arrears of utility charges and/or associated delinquency related fees shall be at the option of the city; and the right of the city to terminate water service for nonpayment of utility charges and/or any associated delinquency related fees shall not be restricted or otherwise affected by the city's receipt and maintenance of such cash deposit.
         c.   Any and all interest earned on the deposit sum shall be and remain the property of the city to help defray the city's costs of monitoring, maintaining, and administering such deposit.
         d.   At applicant's request, the deposit may be returned to applicant (or applicant's duly authorized agent) or applied to applicant's utility billing account as a credit, without interest, at any time after two (2) years from the later of: 1) the date that such monies are placed on deposit with the city or 2) the most recent date that any delinquent payment of utilities and associated delinquency related fees have been paid in full.
         e.   Notwithstanding the provisions of subsection C3d of this section, a deposit may be returned to the applicant at any time that the water service account is terminated, even if two (2) years have not elapsed since the date of deposit or most recent late payment, provided, that all outstanding utility charges (including any and all arrears and associated delinquency related charges) are paid in full.
         f.   Notwithstanding any other provision of this subsection, the security deposit provided for herein may be waived for an applicant with a record of timely payments of utility services to the city. For purposes of this subsection, "timely payments" shall mean that the applicant has previously received utility service(s) from the city for a period of not less than two (2) years and that, during at least the last two (2) years of said period, the applicant was not late in the payment of utility charges to the city. (Ord. 2007-33, 12-19-2007; amd. Ord. 2024-12, 4-3-2024)
8-1-3: FEES:
   A.   Service Rates And Connection Fees:
      1.   For purposes of this title, "delinquency related fees" shall include, but not be limited to, any and all utility service late fees, notice processing fees, reconnection fees, and/or collection fees and costs assessed against a user of utility services for late payment and nonpayment of utility charges.
      2.   Culinary water rates, delinquency related fees, connection fees, reservoir fees, inspection fees, and other charges incidental to connection to and service from the city's culinary water system shall be fixed from time to time by resolution of the city council. The city council may, from time to time, promulgate rules for levying, billing, guaranteeing and collecting charges for culinary water service, and may establish other rules necessary for the management and control of the culinary water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established. (Ord. 2007-33, 12-19-2007)
   B.   Special Rates: The city council may, from time to time and upon such terms and conditions as it may deem proper under the circumstances, fix special rates and conditions for users:
      1.   Temporarily connecting to and using culinary water from the city's water system, pursuant to the terms of a resolution adopted by the city pursuant to the provisions of subsection 8-1-2C of this chapter, provided that at no time may such connection be allowed to exist for a period of sufficient length as to result in a violation of the city's contracts or agreements with other entities providing utility service to the city and its residents and businesses (including, but not limited to, the Washington County water conservancy district, the Washington County solid waste district, and Ash Creek special service district, and their successors) or an assessment thereby for services for the period of such temporary connection/disconnection; or
      2.   Using exceptionally large amounts of water service and/or making use of the water system under exceptional circumstances, as provided by applicable agreement with or resolution of the city. (Ord. 2010-08, 10-6-2010)
   C.   Complaints; Corrections:
      1.   City Manager: Any person or business having a complaint regarding the assessment and/or collection of a culinary water charge, or any deficiency related fee associated therewith, may submit a written request for relief to the city manager, who shall review the request within ten (10) business days and grant such relief as he deems necessary and proper, and in accordance with applicable state and local law.
      2.   City Council:
         a.   Any person or business aggrieved by a decision of the city manager under subsection C1 of this section may make application to appear before the city council to request relief.
         b.   The city council is hereby constituted a board of equalization of culinary water rates; to hear appeals from the decisions of the city manager and to correct any assessments deemed by the city council to be illegal, unequal or unjust.
         c.   In addition to any other relief provided by state law or local ordinance, the city council may, if and to the extent that it deems necessary and proper under the circumstances, rebate all or any part of the culinary water bill of any indigent person.
   D.   Water Availability Charge:
      1.   A water availability charge shall be assessed on all property for which city approval of plans (to develop a lot, plat or unit within any new development) is obtained.
      2.   The water availability charge shall be imposed for and during the period between the time of such approval and the time a building permit is issued or a connection is made to the city's water system.
      3.   The assessment shall be established by resolution, from time to time, for each proposed residential and commercial connection. Said fee will be assessed and billed by the city: a) on a monthly basis b) to the property owner who obtains such development approval.
      4.   The fee shall be subject to the delinquency and collection related fees (including a late fee) described in section 8-1-4 of this chapter and set by resolution of the city council. (Ord. 2007-33, 12-19-2007)
8-1-4: STATEMENT OF CHARGES; DELINQUENCY:
   A.   Statement: On or before the first day of the month in which payment for utility charges are assessed, due and payable, the city manager or his or her designee shall cause to be prepared and furnished to each user in person, by mail, and/or by delivery at the user's place of residence or usual place of business, a statement of charges (sometimes referred to herein as the "utility bill"). The utility bill shall: 1) issue each month; 2) specify the amount of utility (including water) service charges assessed against the user, as well as any outstanding delinquency related fee(s); and 3) identify the place of payment and the date due.
   B.   Failure To Pay:
      1.   Date Of Delinquency And Late Fee:
         a.   A utility bill is due and payable upon receipt, and shall be paid not later than the twenty fifth calendar day of the month in which the user is billed for utility services.
         b.   Payments not received by twelve o'clock (12:00) midnight of the twenty fifth shall be deemed delinquent and shall be subject to the immediate assessment and imposition of a utility services late fee, as set by resolution of the city council.
         c.   From and after the date of delinquency (i.e., the twenty sixth day of the month in which payment was due), and until all charges and associated delinquency related fees are paid in full, the user's utility account shall be considered a delinquent account.
      2.   Notification Of Delinquency And Possible Termination Of Service:
         a.   Utility accounts which remain delinquent as of eight o'clock (8:00) A.M. on the fifth day of the month following the imposition of the utility services late fee shall be subject to the immediate assessment and imposition of a notice processing fee set forth by resolution of the city council.
            (1)   The city manager or his or her designee shall forthwith cause that a delinquency/termination notice (known herein as the "shutoff notice") be mailed to utility users whose utility accounts remain delinquent and unpaid.
            (2)   The shutoff notice shall state the amount of the delinquency (including any unpaid utility services late fee and notice processing fee) and the anticipated date of termination of water service by the city ("shutoff date").
         b.   Additionally, at least forty eight (48) hours prior to the shutoff date, the city manager or his or her designee shall cause that a shutoff notice be delivered and placed at the residence or usual place of business of the user whose account is delinquent.
      3.   Shutoff Date; Involuntary Termination Of Water Service:
         a.   The shutoff date shall be the third Tuesday of the month following the date wherein the account first became delinquent and subject to a late fee.
         b.   Users whose utility accounts remain delinquent on the shutoff date shall be subject to immediate termination of water service.
      4.   Intervention Of Nonprofit Charitable Organizations:
         a.   For purposes of this section, a "nonprofit charitable organization" shall mean and include all charitable organizations or entities which have been classified as tax exempt under state law of the state of Utah or under the federal law of the United States of America, and only while carrying out an act which is within the scope of such tax exempt status and where no profit is directly or indirectly derived by any person, including, but not limited to, religious, charitable assistance, and emergency relief organizations, and includes a chapter, branch, office, congregation, or similar affiliate, and any authorized representative thereof.
         b.   If, at any time prior to termination of a user's water service, a nonprofit organization should contact the city manager or his or her authorized designee(s) and request the opportunity to pay the amount of the user's delinquency (including all charges and delinquency related fees) on the user's behalf, action to terminate the user's water service shall be stayed for a period of not less than ten (10) days following the shutoff date provided in subsection B3 of this section.
            (1)   If the user's delinquent utility charges and delinquency related fees are paid in full prior to the end of such stay, then the water service will not be terminated for such delinquency.
            (2)   If the user's delinquent utility charges and delinquency related fees are not paid in full within the period of such stay, service to said user shall be subject to immediate termination at the expiration of such period of stay.
      5.   Reconnection: After water service has been terminated to a user pursuant to the terms of this section, it may only be restored to the user after all delinquent utility charges and associated delinquency related fees have been paid (including a reconnection fee, as provided by resolution). (Ord. 2007-33, 12-19-2007)
8-1-5: DISCONTINUANCE OF SERVICE:
   A.   Permanent Discontinuance Of Service: Any user desiring to permanently discontinue city utility services to said user's property shall notify the city in writing of such fact (by completing and signing a disconnection/termination of service request). Upon giving such written notice, the user shall not be responsible for water bills incurred after the date specified in the notice. Any credit balance in favor of the user as a result of an advance payment of bills or a deposit made will be refunded upon discontinuation of service.
   B.   Temporary Discontinuance Of Service; Damage:
      1.   In the event that a user's home, business or other structure receiving water service is damaged by natural and/or unnatural forces to such an extent that it is rendered uninhabitable or unusable for the purpose for which it was constructed and/or occupied, and the owner of the structure intends to repair/rebuild and reoccupy (or have reoccupied) the structure within three (3) years (1 year, if a nonconforming use or structure), the user may contact the city and request that all city services to said home, business or other structure be discontinued for a temporary period of time and that any billing therefor immediately cease.
      2.   The request for such discontinuance of service shall: a) be in writing; b) describe the nature and extent of the damage suffered; c) state the period of time that service should or is anticipated to remain discontinued, not exceeding three (3) years (except for nonconforming uses or structures, in which case the period is 1 year); d) indicate that the home, business or structure is not being occupied or used for the purpose for which it was constructed and/or used by user; e) state an intent to reoccupy such structure when it is repaired/rebuilt; and f) affirm, under penalty of perjury, the truthfulness of the statements and the representations of fact contained in said request.
      3.   Unless such statements and/or representations are known to be false, or they are insufficient to reasonably support a determination by the city that such service should be terminated, the city shall forthwith discontinue all service; and all city services shall be withheld until the user requests that such services resume.
      4.   In situations for which this subsection applies, no disconnection fee or reinstatement fee shall be assessed by the city so long as the user requests that services resume before the expiration of the applicable period of time, as set forth hereinabove.
   C.   Temporary Discontinuance Of Service; Voluntary:
      1.   A user of city utility services to a home, business or other structure may contact the city and request that such services be temporarily discontinued, resulting from a period of nonoccupancy.
      2.   The request for such discontinuance of service shall: a) be in writing (by completing and signing a disconnection/termination of service request); b) briefly state the reason for the anticipated vacancy; c) state the period of time that service should be, or is anticipated to remain, discontinued; and d) indicate that the home, business or structure will not be occupied for the purpose for which it was constructed and/or used by the user until such time as city services have been reinstated.
      3.   The city shall thereafter, but not sooner than such date of requested discontinuance, discontinue all city services to said home, business or other structure; and all city services shall be withheld until the user requests that such services resume.
      4.   The written request in subsection C2 of this section shall be accompanied by a disconnection fee in the amount provided by resolution.
      5.   Reinstatement of services shall commence upon receipt by the city of a written notice to reinstate services and the payment by (or on behalf of) the user of a reinstatement fee in the amount provided by resolution. (Ord. 2008-06, 3-19-2008)
   D.   Temporary Connections And Disconnections: The provisions of this section, unless specifically provided for in the applicable resolution, shall have no effect on or application to the temporary connections and disconnections provided by resolution, pursuant to subsections 8-1-2C and 8-1-3B1 of this chapter. (Ord. 2010-08, 10-6-2010)
8-1-6: USE WITHOUT PAYMENT PROHIBITED:
It shall be unlawful for any person by himself, family, servants or agents to utilize the city water or sewage system without paying therefor, as herein provided or, without authority, to open any fire hydrant, stopcock, valve or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement or resolution. It shall be unlawful to injure, deface or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system. (1982 Code § 14-120)
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