TITLE 10
UTILITIES
UTILITIES
CHAPTER 1
WATER
WATER
SECTION:
10-1-1: Service Permit
10-1-2: Illegal Use
10-1-3: Building Permit
10-1-4: Water Meters
10-1-5: Billing
10-1-6: Delinquent Accounts
10-1-7: Nonuse Periods
10-1-8: Rates
10-1-9: Security Deposit
10-1-10: Change Of Ownership
10-1-11: Furnishing Water To Another
10-1-12: Multiple Service From One Pipe
10-1-13: Illegal Tap; Interference With System
10-1-14: Maintenance Of Fixtures
10-1-15: Steam Boilers
10-1-16: Irrigation
10-1-17: Right Of Entry
10-1-18: Installing Fixtures Without Permit
10-1-19: Responsibility For Payment
10-1-20: Repair Of Lines And Connections
10-1-21: Cross Connection
10-1-22: Penalty
A. Required: It is unlawful for any person, persons, partnership, association or corporation to take water from the water distribution system of the town without first having procured a water service permit from the town. (1987 Code § 13.04.010)
B. Application:
1. Form; Tapping Fee: Application for a water service permit shall be made by the owner, his agent, or the occupant of the premises to the town clerk, in writing. Such application shall be on a form prepared and furnished by the town and shall state, among other things, for what purpose the water is required and whether or not a new connection is necessary. The application shall be accompanied by a tapping charge in the amount of five hundred dollars ($500.00). The town clerk shall not issue a water service permit until the tapping charge is paid in full by the applicant. (Ord. 4-93, 8-19-1993)
2. Water Line; Inspection: The water line from the facility or facilities to the connection with the town water shall be provided by the person connecting with said water and shall be done in a good and workmanlike manner with proper water pipe and to the satisfaction of the town clerk or other officer designated to inspect such connecting line and the connection with the town water. Only one residence or building shall be covered by one permit.
3. Misrepresentation: In case of misrepresentation on the part of the applicant, the use of water for purposes not stated in the water service permit, or the wilful or negligent waste of water, the water service permit may be revoked and the supply of water may be stopped until and unless the water user shall pay to the town the additional charges for the water improperly used.
4. Existing Users: The owner, agent or occupant of premises now receiving water from the town water distribution system shall not be required to make an application for a water service permit, but such permit shall be issued by the town clerk based on the existing water service; provided, that if the water user is using water other than provided for in the water service permit so issued, he shall notify the town clerk and have a new water service permit issued covering such additional use or be subject to the penalties for wrongful use of water and violation of this chapter. (1987 Code § 13.04.020)
C. Issuance: Upon proper application being made, the town clerk shall issue to the applicant a water service permit which shall contain the name of the owner of the premises, the type or types of water service allowed under such permit and the rates to be charged therefor.
D. Additional Use: Any person, persons, partnership or corporation holding such water service permit who shall wish to use water in addition to that allowed by said permit and which will increase the rates for the premises, shall first make application, in writing, to the town clerk setting forth the additional use requested, and the town clerk shall issue a new water service permit covering such additional use. (1987 Code § 13.04.030)
E. Transfer Fee: If any water user transfers his water permit to another person, persons, partnership or corporation, that transferee must pay a transfer fee to the town of Lyman in the amount of fifty dollars ($50.00). (Ord. 2007-14, 9-20-2007)
It is unlawful for any water user to use any water service not covered by the water service permit for the premises and for which no water rent is paid. Any person, persons, partnership or corporation violating this section shall be required to pay for such additional water service used. (1987 Code § 13.04.040)
A. Required: No water hookups for private users on the town water system will be allowed unless a building permit for construction of a residential dwelling, permanent trailer home or commercial business building has been issued.
B. Term Of Permit; Revocation: Unless construction upon the residential dwelling, permanent trailer home or commercial business building is completed to the point of permanent occupancy within twelve (12) months from the issuance of a water permit, the permit shall be revoked. Upon revocation of the water permit, all funds paid for the permit will be refunded to the private user, less those funds withheld by the town for any and all materials and labor extended by the town in making the initial hookup. (1987 Code § 13.04.050)
A. Definitions: As used in this chapter, the following definitions shall apply: "Meter" means any device used to measure the volume and/or flow rate of water through that device and shall include use of any and all necessary accompanying equipment including, but not limited to, meter pits, electronic data transmitters and connecting hardware.
B. Furnished By Town; Reimbursement For Installation And Maintenance: All water meters shall be furnished by the town and shall remain its property and be accessible to and subject to its control; provided, however, that it shall be the consumer's responsibility to reimburse the town for the cost of the meter upon installation and for the maintenance thereof.
C. Furnished By Town; Reimbursement For Installation And Maintenance: All water meters shall be furnished by the town and shall remain its property and be accessible to and subject to its control; provided, however, that it shall be the consumer's responsibility to reimburse the town for the cost of the meter upon installation, upgrade, replacement and for the maintenance thereof.
D. Quantity Recorded Conclusive: When water is furnished by the meter, the quantity recorded by it shall be conclusive on both the consumer and the town, except when the meter has been found to be registering inaccurately or has ceased to register. In the latter case the quantity may be determined by the average registration of the meter when in order.
E. Water Hookups: All hookups to the town water system after January 3, 1978, shall include the costs of a water meter and water meter materials.
F. Costs Of Installation; Specifications: All costs of installation of water meters shall be paid by the party hooking up to the system and such installation shall be done pursuant to the standards and specifications of the town. (1987 Code § 13.04.060)
G. Meters Located Outside Of Curbside Meter Pits: It is the duty of every resident of the town who has a water meter located on his/her property outside of and/or apart from a meter pit located at or near the property owner's property line to notify the town when a leak is detected on the owner's property necessitating a line repair. On such occasions, and at the town's discretion, the owner must relocate any and all associated meters to meter pits on or near the property line, with meters and pits provided by the town. Said installation must be made to the town's specifications and inspected by a representative of the town and/or its representative. Nothing in this subsection shall prevent the town from requiring the relocation of meters to meter pits on other occasions.
H. The Town Council has authority to establish policies governing the installation and regulation of meters by Resolution. (Ord. 2017-04, 2-16-2017; amd. Ord. 2019-11, 11-21-2019)
Water rent charges for water supplied on a flat rate or meter basis shall be due and payable monthly, on or before the end of each month. The town clerk shall prepare and mail a statement of the water rent due to each water user. All charges shall be paid to the town clerk at his office in the town hall. There shall be no discount allowed. (1987 Code § 13.04.070)
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