Loading...
(A) General requirement. When property abuts upon any public street or alley along which water and sewer mains have been constructed, the owner of any dwelling or commercial establishment on the property shall connect to the water main and sanitary sewer in accordance with the provisions of this chapter within 90 days after the date of mailing or delivering official notice to do so. The notice shall be given to the owner or occupant in writing by the City Administrator on order of the City Council.
(B) Connection by city. Whenever any owner or occupant fails to comply with such written notice, the City Council shall by resolution direct a connection be made with the water and sewer system and that the cost of the installation be paid in the first instance out of the appropriate fund and then assessed against the property benefitted.
(C) Assessment.
(1) After the installation and connection have been completed pursuant to City Council resolution, the City Administrator shall serve a written notice of the assessment upon the owner or the owner's representative directing him to pay the assessment to the Treasurer within 10 days after the service of the notice.
(2) If the assessment is not paid within 10 days, the City Administrator shall certify the amount to the County Auditor for collection in the same manner as other special assessments. The City Council may by resolution spread the assessment over a 3-year period.
(D) Removal of private systems. Once connection has been made to the city water or sewer system, private wells and septic systems must be disconnected and sealed.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013)
When the applicant requests a connection with the sanitary sewer or water main, the applicant shall pay a connection fee set by the City Council from time to time per residential or commercial structure for sanitary sewer and per residential or commercial structure for water.
(Ord. passed 8-1-2006; Am. Ord. passed 11-5-2013)
Cross-reference:
Fee schedule, see § 36.01
Fee schedule, see § 36.01
(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)
Loading...