(A) After the initial connection has been made to the water main, the owner, occupant or other user of the premises shall be liable for, but the city may perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main into the structure, 12 feet above the finished floor, excluding the shut off valves on both the house and street side. It shall be in the sole discretion of the city to repair or replace the leaking water service line. The city may, in its sole discretion and subject to the receipt of permission and any right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also repair or replacement of any broken, leaking or malfunctioning curb stop boxes. The repairs by the city shall be funded by an additional utility fee. The utility fee shall be as set forth in the city’s approved fee schedule and may set forth any eligibility requirements and opt-out provisions therein. This service shall be provided to all single-family, duplexes, triplexes, fourplexes and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the city, the city shall not be responsible for the restoration of the excavation site, including, but not limited to, seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which mav be disturbed, destroyed or removed during the repair or replacement of the water service. The municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property’s service. Responsibility for maintenance and protection of the curb stop box shall be that of the owner, occupant or other user of the premises, and it shall be the responsibility of the party to maintain the curb stop box at a height as will ensure that it will remain above the finished grade of the land or property. Nothing herein shall prevent the municipality from recovering the cost of repairs from the owner, occupant or other user of the premises or any other party in the event it can be established that the parties were the cause of the damages requiring the repairs.
(B) Any owner, occupant or user of a premises who shall discover a leak in a service line to the premises shall notify the municipality within 24 hours. Any water wasted due to failure of the person to comply with this regulation may be estimated by the City Administrator, or his or her designee, and be charged for against the user at the premises at the established rate.
(Prior Code, § 906.06) (Ord. 844, passed 05-20-2010; Ord. 955, passed 03-11-2019)