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(A) Accounts in name of owner.
(1) All accounts shall be carried in the name of the owner.
(2) The owner shall be liable for water supplied to the property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property.
(B) Bills for service.
(1) Water and sewer service charges shall be billed together.
(2) Bills shall be mailed to the customers quarterly and shall specify the water consumed and the sewer and water charges in accordance with the rates adopted by the City Council.
(3) Water and sewer charges shall start at the time of installation of the water meter, or in the event the meter is not installed, 7 days after completion of outside piping, and shall be calculated upon the quarterly rate.
(C) Dishonored checks and payment.
(1) Service charge and additional penalties. A service charge, not to exceed $30, will be imposed immediately on any dishonored check by the payee of the holder of the check, regardless of mailing a notice of dishonor. Dishonored check holders will be notified by regular United States Postal Service mail of the dishonored check. If the dishonored check is not paid within 5 days after mailing of notice of dishonor, additional penalties may be imposed. This can be as much as the amount of the check plus a service charge and the bank charge. If a dishonored check is issued to bring an account current following a notice of disconnection of service, water service shall be disconnected immediately, without prior notice. The service charge and reconnection charge, plus the balance on the account, shall be required to be paid in full, by cashier's check, money order or cash payment, prior to reconnecting service. If a resident issues a dishonored check, all future utility bills must be paid in cash or by cashier's check or money order. If a customer who has issued a dishonored check in the past wishes to set up a new account, a $100 deposit is required. This deposit will be reimbursed to customer after 1 year with interested (with interest rate on day of payment), if account has remained current for the entire year.
(2) Prepayment or overpayment. Any prepayment or overpayment of charges may be retained by the city and applied on subsequent quarterly charges.
(D) Delinquent accounts.
(1) All charges for water and sewer service shall be due on the quarterly due date specified by the city for the respective account and shall be delinquent if they are unpaid at the close of business on the due date specified on the statement.
(2) If such due date shall fall on a Saturday, Sunday, or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted.
(3) A penalty of 10% of the amount due shall be added to, and become a part of, all delinquent utility bills. The water operator shall be authorized to shut off the consumer's supply of water, if the consumer's water bill becomes delinquent for a period of 30 days and the procedural requirements of division (E) have been complied with.
(4) When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent bills and a turn on fee in the amount duly established by the City Council from time to time.
(5) Delinquent accounts shall be certified to the City Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served.
(6) The assessment roll shall be delivered to the City Council for adoption on or before October 1 of each year for certification to the County Auditor for collection along with taxes.
(7) Such action is optional and may be subsequent to taking legal action to collect delinquent accounts.
(E) Procedures for shutoff of service.
(1) Water shall not be shut off under division (D) or for a violation of rules and regulations affecting utility service until notice and opportunity for a hearing have first been given the owner of the premises involved.
(2) The notice shall be personally served or shall be mailed by first class mail to the owner of the premises and shall state that if payment is not made before a day stated in the notice but not less than 10 days after the date of which the notice is given, the water supply to the premises will be shut off.
(3) The notice shall also state that the owner may, before such date, demand a hearing on the matter, in which case the supply will not be cut off until after the hearing is held.
(4) If the owner requests a hearing before the date specified, a hearing shall be held on the matter by the Administrator at least 1 week after the date on which the request is made.
(5) If, as a result of the hearing, the Administrator finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this chapter, the city may shut off the supply.
(Ord. passed 8-1-2006; Am. Ord. passed 6-24-2011; Am. Ord. passed 11-5-2013)
(A) Liability insurance.
(1) Before undertaking the construction work, the plumber or contractor shall secure and maintain a policy of insurance against damages to property or injury or death to persons.
(2) The policy shall indemnify and hold harmless the city and its personnel against any claim, damages, or cause of action arising out of the work and from any expenses of defending the same.
(3) The property damage insurance coverage shall be in the amount of at least $300,000 combined single limits for bodily injury and property damage.
(4) Proof of such insurance shall be filed with the city prior to construction work and such policy shall provide that the city shall be notified immediately of any termination or cancellation of such insurance.
(B) Apportionment of costs.
(1) The owner shall bear the costs and expenses incident to the installation and connection of the building sewer or extension of water service to private property.
(2) The owner shall indemnify the city for any loss or damage directly or indirectly caused by its installation and connection.
(3) To the extent the City Administrator deems necessary, the City Administrator shall establish rules and regulations for the proper implementation of these requirements which, when approved by the City Council by resolution, shall govern the installation and connection of building sewers and extension of water service to private property.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013)
(A) The city will endeavor to provide continuous service, but does not guarantee an uninterrupted or undisturbed supply of utility services.
(B) The city will not be responsible for any loss or damage resulting from the interruption or disturbance of service for any cause other than gross negligence of the city.
(C) The city will not be liable for any loss of profits or other consequential damages resulting from the use of service or any interruption or disturbance of service.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013)
Any person causing damage to any municipal utility plant, fixture, equipment, or appurtenance, including but not limited to meters, water hydrants and curb stop box housing shall pay the reasonable value thereof, including labor for repair or replacement and installation of any equipment, including excavation, if necessary.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013)
(A) Purpose. This section establishes water conservation restrictions and the plan will be in effect at any time the Governor declares by executive order a critical water deficiency, pursuant to M.S. § 103G.291.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY ADMINISTRATOR/CITY CLERK. The person assigned duties pursuant to M.S. § 412.151.
DEPARTMENT. The City Water Department.
EMERGENCY. The declaration of a critical water deficiency by the Governor.
IRRIGATION. The watering of shrubs, trees, sod, seeded areas, gardens, lawns, or any other
outdoor vegetation, except outdoor vegetation utilized for agricultural purposes.
NOTIFICATION TO PUBLIC. Notification through local media, including interviews and issuance of news releases.
PUBLIC WATER SUPPLIER. The city or other entity that owns, manages, or operates a public water supply, as defined in M.S. § 144.382, subdivision 4.
RECLAIMED WATER. Water collected from rooftops, paved surfaces, or other collection devices, and all water utilized more than once before re-entering the natural water cycle.
WATER RE-CIRCULATION SYSTEM. Any system which enables a user to reuse water at least once prior to returning the water to the natural water cycle.
(C) Application.
(1) This section applies to all customers of public water suppliers who own or control water use on any premises.
(2) No person shall make, cause, use, or permit the use of water received from a public water supply for residential, commercial, industrial, governmental, or any other purpose in any manner contrary to any provision in this section.
(3) Mandatory emergency conservation measures shall be implemented based upon the declaration of a critical water emergency by the Governor.
(D) Declaration of critical water deficiency. Upon the declaration of a critical water deficiency by the Governor, the public water supplier shall immediately post notice of the emergency declaration at the usual meeting place of the City Council or the official city bulletin board. The city shall provide notification to the public as quickly as possible or through established water supply plans, and/or emergency response plans or procedures.
(E) Mandatory emergency water conservation measures. Upon declaration of a water emergency and notification to the public, the following mandatory restrictions upon nonessential water use shall be enforced.
(1) Outdoor irrigation of yards, gardens, golf courses, parklands, and other non-agricultural land, except for those areas irrigated with reclaimed water, is prohibited.
(2) Washing or spraying of sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas with water from any pressurized source, including garden hoses, except to alleviate immediate health or safety hazards, is prohibited.
(3) The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.
(4) Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically requested by the customer.
(5) Operation of outdoor misting systems used to cool public areas is prohibited.
(6) The filling of swimming pools, fountains, spas, or other exterior water features is prohibited.
(7) The washing of automobiles, trucks, trailers, and other types of mobile equipment is prohibited, except at facilities equipped with wash water re-circulation systems, and for vehicles requiring frequent washing to protect public health, safety, and welfare.
(F) Variances. The City Clerk or their designee is authorized to grant variances to this section where strict application of its provisions would result in serious hardship to a customer. A variance may be granted only for reasons involving health or safety. An applicant may appeal the denial of a variance within 5 days of the decision by submitting a written appeal to the City Clerk. The City Council shall hear the appeal at the next Council meeting. The decision of the Council is final.
(G) Violation.
(1) Violations shall be determined and cited by the City Clerk or his/her designee. A violator may appeal the citation within 5 days of its issuance by submitting a written appeal to the city. The City Council shall hear the appeal at the next Council meeting. The decision of the Council is final. Violators may be granted an administrative waiver if evidence is provided that equipment failure was the cause of the violation. A letter from a qualified vendor or equipment invoice will be required to show proof of equipment failure.
(2) Upon discovery of a first violation, the violator shall be issued, either personally or by mail, a warning letter that sets forth the violation and which shall describe the remedy and fines for future violations.
(3) Upon subsequent violations at the same location, the violator shall be issued, either personally or by mail, a citation that sets forth the violation and shall describe the remedy. Fines shall be added to the monthly water bill of the owner or current occupant of the premises where the violation occurred. The imposition of the fine shall in no way limit the right of the city to pursue other legal remedies.
(H) Enforcement. The City Clerk or his/her designee is authorized to designate city employees or law enforcement personnel to enforce the provisions of this section.
(Ord. 51.10, passed 5-16-2017)
WATER SYSTEM
(A) Discontinuance of service. The city may discontinue service to any water consumer without notice for necessary repairs or, upon notice as provided in § 51.05(E), for nonpayment of charges, or for violation of rules and regulations affecting utility service.
(B) Supply from one service. No more than 1 house or building shall be supplied from one service connection except by special permission of the City Council. Whenever 2 or more parties are supplied from 1 pipe connecting with a service main, each building or part of building separately supplied shall have a separate stop box and a separate meter.
(C) Turning on water, tapping mains. No person except an authorized city employee shall turn on any water supply at the stop box or tap any distributing main or pipe of the water supply system or insert a stop cock or other appurtenance therein without city approval.
(D) Repair of leaks.
(1) The consumer or owner shall be responsible for maintaining the service line from the curb stop box into the building served.
(2) If the owner fails to repair any leak in such service line within 24 hours after notice by the city, the city may turn the water off.
(3) The water shall not then be turned on again until the sum in the amount duly established by the City Council from time to time has been paid to the city.
(4) When the waste of water is great or damage is likely to result from the leak, the city shall turn the water off immediately upon the giving of notice if repair is not commenced immediately.
(5) If the consumer or owner does not immediately commence to repair the leak, the city may repair the leak and the cost will be paid by the owner in accordance with the provisions of § 92.04.
(E) Use of fire hydrants. No person other than an authorized city employee shall operate a fire hydrant or interfere in any way with the city water system.
(F) Private water supply.
(1) No water pipe of the city water supply system shall be connected with any pump, well, or tank that is connected with any other source of water supply.
(2) When any such connection is found, the City Administrator shall notify the owner to sever the connection and if this is not done immediately, the city shall turn off the water supply forthwith.
(3) Before any new connection to the city system is permitted, the Department shall ascertain that no cross connection will exist when the new connection is made.
(G) Restricted hours.
(1) Whenever the City Council determines that a shortage of water supply threatens the city, it may limit the times and hours during which city water may be used for sprinkling, irrigation, car washing, air conditioning, or other specified uses.
(2) As per the City of Mapleton's Water Emergency and Conservation Plan no person shall use or permit water to be used in violation of the emergency plan and any customer who does so shall be charged a fee in the amount duly established by the City Council from time to time for each day violation and the charge shall be added to the customer's next water bill.
(3) If the emergency requires immediate compliance with terms of the emergency plan, the City Council may provide for the delivery of a copy of the emergency plan to the premises of each customer, and any customer who has received such notice and thereafter uses or permits water to be used in violation of the emergency plan shall be subject to the charge provided above.
(4) Continued violation shall be cause for discontinuance of water service.
(H) Permitting use by others.
(1) No person shall permit city water to be used for any purpose except upon the consumer's own premises.
(2) Obtaining water from a hydrant for construction purposes shall not be allowed.
(I) Reconnect fee. If service is discontinued at the request of the owner or consumer, there shall be a fee in the amount duly established by the City Council from time to time for reconnecting the service.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013) Penalty, see §
10.99
(A) Meters required.
(1) Except for the extinguishment of fires, no person other than an authorized city employee shall use water from the city water supply system or permit water to be drawn therefrom unless the water passes through a meter approved by the city.
(2) No person not authorized by the City Administrator shall connect, disconnect, take apart, or in any manner change or interfere with any such meter or its use.
(3) The meter shall be supplied by the city. The cost of the meter plus installation charges will be paid by the customer.
(B) Maintenance. The customer shall be responsible for the maintenance and repair of any meter or remote reader that has become unserviceable and shall replace it if necessary. City employees shall perform actual repair of the meter or remote reader. Any expense caused the city thereby shall be charged against and collected from the water customer.
(C) Complaints; meter testing.
(1) When a consumer complains that the bill for any past service period is excessive, the city shall have the meter reread on request.
(2) If the consumer remains dissatisfied, the consumer may, on written request and the deposit in the amount duly established by the City Council from time to time have the meter tested.
(3) The city shall test the meter at the consumer's property, with the consumer being present. Should the consumer request testing of the meter by an outside agency, those expenses shall be borne by the consumer if the meter tests accurate or in favor of the consumer.
(4) If the test shows an error in the city's favor exceeding 5% of the water consumed, the deposit shall be refunded, and the bill shall be adjusted accordingly.
(5) Such adjustment shall not extend back more than 1 service period from the date of the written request.
(D) Meter reading and inspection.
(1) Authorized meter readers shall have free access at reasonable hours of the day to all parts of every building and premises connected with the city water supply system in order to read meters and make inspections.
(2) If the authorized meter reader is unable to get a remote meter reading, due to the following conditions, the customer will be charged the estimating fee.
(3) These conditions include, but are not limited to the following:
(a) Residing a house;
(b) Install a deck over the remote reader;
(c) Fence in the yard in such a way as to prevent access to the remote reader; and
(d) A dog in the yard prevents access to the remote reader.
(E) Installation of a second water meter.
(1) Application.
(a) A property owner may apply to have a water line metered for exterior use only (hereinafter referred to as a water sprinkling service line) in addition to water service metered for use within a building.
(b) Such application shall be on a form prepared by the City Administrator and shall include:
1. Date of inflow/infiltration disclosure form-certificate of compliance;
2. Name and address of applicant; and
3. Location for water meter.
(2) Inspection of water sprinkling service line. Approval of the application shall be granted where an inspection by the Mapleton Public Works Department demonstrates:
(a) The water service line is split immediately upon entry to the building;
(b) Two water meters have been installed behind the split, one on each line from the split;
(c) The line used for water sprinkling service must serve only lines that lead outside the building;
(d) No connection between water lines outside the building and inside the building may exist;
(e) Both water meters must be equipped with a remote reading device;
(f) The building must have no footing drains or roof leaders that discharge directly or indirectly into the sanitary sewer.
(g) If the building has a sump pump, such sump pump must discharge directly into a storm sewer and if no storm sewer is available it must be piped directly out of the building in a manner to insure the discharge will not be entering the sanitary sewer system. The Mapleton Public Works Department will televise the sanitary sewer line or do a dye test along the property foundation to check for foundation tile connected to the sanitary sewer. Property owners must receive a certificate of compliance from the city prior to installation of a second water meter.
(3) Cost of plumbing and meter installation. All costs of the meter, plumbing and meter installation shall be borne by the property owner.
(4) Unlawful to use water sprinkling service line within building. It shall be unlawful for any person to use or permit the use of the water sprinkling service line to supply water within a building.
(5) Water sprinkling service line exempt from sewer charges.
(a) No charge for sewer usage will be made based upon water flowing through a meter monitoring a water sprinkling service line, except that if a water sprinkling service line is found to have been used to supply water within a building, three times the normal sewerage charge for all water supplied through the water sprinkling service line for the 12 months preceding discovery of the illegal use of the water sprinkling service line shall be made.
(b) Additionally, use of the water sprinkling service line to supply water within a building shall result in revocation of the permit to be exempt from sewerage charges for water sprinkling service line for a period of not less than 5 years.
(6) Billing. All water usage from the second water meter shall be billed yearly at the end of the third quarter. The minimum annual charge is 6,000 gallons per year.
(F) Final reading. It shall be the responsibility of the consumer to notify the city to request a final reading at the time of the customer's billing change.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013) Penalty, see §
10.99
(A) Service pipes.
(1) Every service pipe shall be laid with sufficient bend to allow not less than 1 foot of extra length and in such manner as to prevent rupture by settlement.
(2) The service pipe shall be placed not less than 6 feet below the surface and be so arranged as to prevent rupture by freezing.
(3) A shut-off or other stopcock with waste valve of the size and strength required shall be placed close to the inside wall of the building and be well protected from freezing.
(4) Connections with the mains for domestic supply shall be at least 3/4 of an inch. The water service pipe shall be watertight and corrosion resistant.
(5) The water service pipe shall conform to the American Water Works Association specifications.
(B) Water lines under surfaced streets.
(1) Any water pipes under any street right-of-way must be traceable with locating equipment. In case a water line needs to be repaired or installed under a surfaced street, the following shall apply.
(2) All backfill materials shall be mechanically compacted in 12-inch layers to the density of the adjacent material in the roadway area and to the existing street grades in accordance with the Minnesota Department of Transportation Standards.
(3) Complete surface restoration shall be made.
(C) Water meter setting. Every water meter shall be installed as to prevent rupture by freezing.
(D) Location of stop boxes.
(1) Curb stop boxes shall be installed generally where desired by the owners of occupied properties, but they shall be placed as near as possible to the curb if on a street or within 1 foot of the alley line if the main is located in the alley.
(2) The curb stop boxes shall be installed at an approximate depth of 6 feet below the established grade and shall be left in an accurate vertical position when back filling is completed. Curb stop boxes must be firmly supported by a masonry block.
(3) No person shall erect any fence or plant any tree or other landscaping or cement that would obstruct the use of the curb stop box, or cause damage to the same.
(E) Lead service line.
(1) Any existing lead service line shall be removed and replaced with a copper service line during, and as a part of, any maintenance, repair, or construction project that involves or relates to water main or service pipe construction, repair, or maintenance that will be, or is connected to an owner's service line.
(2) The property owner will have the opportunity to have the cost of removal and replacement assessed to the property owner by the city during a street construction project.
(F) Maintenance of stop boxes. The city shall be responsible for the maintenance and repair of any curb stop box that has become unserviceable and shall replace it if necessary.
(Ord. passed 8-1-2006; Am. Ord. 11-5-2013)
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