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Orofino Overview
Orofino, ID Code of Ordinances
CITY CODE of OROFINO, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 COMMISSIONS AND BOARDS
TITLE 3 DEPARTMENTS
TITLE 4 BUILDING REGULATIONS
TITLE 5 BUSINESS REGULATIONS
TITLE 6 POLICE REGULATIONS
TITLE 7 FIRE REGULATIONS
TITLE 8 HEALTH AND SANITATION
TITLE 9 PUBLIC WAYS AND PROPERTY
CHAPTER 1 SIDEWALKS
CHAPTER 2 REMOVAL OF SNOW AND/OR ICE
CHAPTER 3 TREES
CHAPTER 4 NOXIOUS WEEDS AND VEGETATION
CHAPTER 5 MUNICIPAL SWIMMING POOL
CHAPTER 6 CEMETERIES
CHAPTER 7 NUMBERING OF BUILDINGS
CHAPTER 8 MUNICIPAL AIRPORT
CHAPTER 9 EXCAVATIONS
CHAPTER 10 AVISTA CORPORATION FRANCHISE
CHAPTER 11 STREET LIGHT FEE
CHAPTER 12 WATER SYSTEM REGULATIONS; RATES AND CHARGES
9-12-1: PURPOSE:
9-12-2: DEFINITIONS:
9-12-3: WATER SYSTEM PROPERTY OF CITY:
9-12-4: SUPERINTENDENT IN CHARGE OF SYSTEM; DUTIES:
9-12-5: APPLICATION FOR WATER CONNECTION:
9-12-6: SERVICE CONNECTIONS REQUIRED:
9-12-7: SERVICE CONNECTION SPECIFICATIONS:
9-12-8: INSPECTION OF CONNECTION:
9-12-9: RIGHT OF ENTRY; TURN OFF FOR REPAIRS:
9-12-10: REPAIR OF SERVICE LINES CUSTOMER'S RESPONSIBILITY:
9-12-11: CHECK OR PRESSURE VALVES:
9-12-12: STEAM BOILER CONNECTIONS:
9-12-13: CONNECTIONS FOR ICE AND COLD STORAGE PLANTS:
9-12-14: REGULATION OF SERVICE FOR SPRINKLING:
9-12-15: SPRINKLING PERSONS ON STREETS AND SIDEWALKS:
9-12-16: METER TAMPERING; FEE:
9-12-17: TAKING WATER FROM OTHER PREMISES AFTER SHUTOFF:
9-12-18: WASTING, POLLUTION, DESTRUCTION OF WATER SUPPLY:
9-12-19: USE OR OBSTRUCTION OF HYDRANTS:
9-12-20: WATER FOR CONSTRUCTION OPERATIONS:
9-12-21: PRIVATE FIRE LINES AND AUTOMATIC SPRINKLER SYSTEMS:
9-12-22: SERVICE CONNECTION CHARGES:
9-12-23: PROPERTY OWNERS LIABLE FOR UTILITY BILLS:
9-12-24: CHARGES WHEN METER OUT OF ORDER:
9-12-25: TURN OFF ON REQUEST; CHARGES FOR TURNON:
9-12-26: CHARGES; WHERE AND HOW PAYABLE:
9-12-27: TIME OF PAYMENT; DELINQUENCIES; SERVICE TERMINATION:
9-12-28: SCHEDULE OF RATES:
9-12-29: ADDITIONAL CHARGES:
9-12-30: SPECIAL METER READING CHARGE:
9-12-31: UTILITY BILLS:
9-12-32: SUMS CREDITED TO WATER FUND:
9-12-33: LIEN FOR PAYMENT OF UTILITY ACCOUNTS:
9-12-34: EXTENSION OF WATER MAIN WITHIN CITY SERVICE AREA:
9-12-35: EXTENSION OF WATER MAINS IN CONTIGUOUS AREAS:
9-12-36: EXTENSION OF MAINS OUTSIDE CITY SERVICE AREA:
9-12-37: WATER SYSTEM MATERIALS AND INSTALLATION:
9-12-38: WATER SYSTEM DESIGN:
9-12-39: AS-BUILT DRAWINGS AND ENGINEER'S CERTIFICATION:
9-12-40: WATER MAIN CONSTRUCTION:
9-12-41: PUMPING STATIONS AND RESERVOIR STORAGE:
9-12-42: NONRESIDENT WATER SERVICES:
9-12-43: APPLICATION FOR ANNEXATION; WAIVE REQUIREMENT:
9-12-44: CROSS-CONNECTIONS:
9-12-45: CITATION ISSUANCE; APPEARANCE REQUIRED:
9-12-46: FAILURE TO APPEAR UNLAWFUL:
9-12-47: AMENDMENTS OF WATER RATES:
9-12-48: PENALTY:
CHAPTER 13 PARKS
CHAPTER 14 CLEARWATER POWER FRANCHISE
TITLE 10 TRAFFIC
TITLE 11 ZONING REGULATIONS
CHAPTER 12
WATER SYSTEM REGULATIONS; RATES AND CHARGES
SECTION:
9-12-1: Purpose
9-12-2: Definitions
9-12-3: Water System Property Of City
9-12-4: Superintendent In Charge Of System; Duties
9-12-5: Application For Water Connection
9-12-6: Service Connections Required
9-12-7: Service Connection Specifications
9-12-8: Inspection Of Connection
9-12-9: Right Of Entry; Turn Off For Repairs
9-12-10: Repair Of Service Lines Customer's Responsibility
9-12-11: Check Or Pressure Valves
9-12-12: Steam Boiler Connections
9-12-13: Connections For Ice And Cold Storage Plants
9-12-14: Regulation Of Service For Sprinkling
9-12-15: Sprinkling Persons On Streets And Sidewalks
9-12-16: Meter Tampering; Fee
9-12-17: Taking Water From Other Premises After Shutoff
9-12-18: Wasting, Pollution, Destruction Of Water Supply
9-12-19: Use Or Obstruction Of Hydrants
9-12-20: Water For Construction Operations
9-12-21: Private Fire Lines And Automatic Sprinkler Systems
9-12-22: Service Connection Charges
9-12-23: Property Owners Liable For Utility Bills
9-12-24: Charges When Meter Out Of Order
9-12-25: Turnoff On Request; Charges For Turn-On
9-12-26: Charges; Where And How Payable
9-12-27: Time Of Payment; Delinquencies; Service Termination
9-12-28: Schedule Of Rates
9-12-29: Additional Charges
9-12-30: Special Meter Reading Charge
9-12-31: Utility Bills
9-12-32: Sums Credited To Water Fund
9-12-33: Lien For Payment Of Utility Accounts
9-12-34: Extension Of Water Main Within City Service Area
9-12-35: Extension Of Water Mains In Contiguous Areas
9-12-36: Extension Of Mains Outside City Service Area
9-12-37: Water System Materials And Installation
9-12-38: Water System Design
9-12-39: As-Built Drawings And Engineer's Certification
9-12-40: Water Main Construction
9-12-41: Pumping Stations And Reservoir Storage
9-12-42: Nonresident Water Services
9-12-43: Application For Annexation; Waive Requirement
9-12-44: Cross-Connections
9-12-45: Citation Issuance; Appearance Required
9-12-46: Failure To Appear Unlawful
9-12-47: Amendments Of Water Rates
9-12-48: Penalty
9-12-1: PURPOSE:
The purpose of this Chapter is to protect and improve the public health and general welfare of the City; to require mandatory connection of homes and other facilities within the City to the public water system; to make and place into effect certain rules and regulations to provide efficient service of the public water system of the City; to collect such rates, fees, tolls, or charges necessary to provide for the repayment of City indebtedness for the construction and installation of the system and for its efficient maintenance and operation; and in establishing such rates and charges the City has taken into account the cost and value of the system, operation and maintenance expenses, possible delinquencies, proper allowance for depreciation, contingencies, and any amounts necessary to retire all bonds payable from the net revenues and the reserves therefor. (Ord. 659, 9-27-1994)
9-12-2: DEFINITIONS:
Terms used in this Chapter shall have the meanings herein given to them.
APPLICANT: The owner or authorized agent of the property to be served. The applicant shall be the person responsible for payment of bills for domestic water service.
APPROVING AUTHORITY: The Water/Wastewater Superintendent of the City of Orofino or his duly authorized deputy, agent or representative.
BILLING PERIOD: Each successive month of the City's fiscal year, immediately following the month in which the water, sewer and sanitation services were used.
CITY: The City of Orofino, Idaho.
COMMERCIAL BUILDING OR UNIT: Any structure or part of a structure used for the purpose of providing goods or services to the public through one facility including, but not limited to, stores, service stations, schools, hospitals, rest homes, State, County or Federal offices or buildings or any structure used for the manufacture of goods. "Commercial building or unit" also includes any property requiring water service to provide goods or services to the public that has no structure on the property, including, but not limited to, parks and rock crushing sites or for any type of business or enterprise not otherwise described or covered under definition of Dwelling.
COMMERCIAL USER: All persons not specifically classified as domestic or as an industrial water user.
DWELLINGS:
   Multi-Facility Dwelling Or Unit: Any building, apartment, office complex, mobile home court, business complex or other structure, or any combination thereof, owned by one person or entity and occupied by two (2) or more separate families, businesses, offices, persons, or entities, or combination thereof, which shall include townhouses or condominiums.
   Single-Family Dwelling Or Unit: Any building, home, trailer house, mobile home, or structure used as a residence occupied exclusively by one family for living or sleeping purposes, and having one kitchen or set of cooking facilities.
IRRIGATION USAGE: Water used for maintaining shrubs, grass or landscaping of property which is not returned to the City sanitary sewer system for treatment.
PERSON: Individual, firm, company, association, society, corporation, group, or other entity.
PRIVATE WATER MAIN: A water main serving buildings, residences or properties, constructed by private contract outside of the public right of way and remaining under private ownership and jurisdiction and which shall be maintained by said private owners. Private water mains shall be designed, constructed and maintained by said private owners to the same design, construction and maintenance standards as are public water mains.
PUBLIC WATER MAINS: Water mains provided by or subject to the jurisdiction of the City. It shall also include water mains within or outside the City boundaries that serve one or more persons potable water, even though those water mains may not have been constructed with City funds. All public water mains shall be located in dedicated public rights of ways or easements. Public water mains shall be at least six inches (6") in diameter unless the Superintendent deems different.
REPLACEMENT: Any expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the service life of the water system or treatment facility to maintain the capacity and performance for which such facilities were designed and constructed. The term "operation and maintenance" includes replacement.
SUPERINTENDENT: The Water/Wastewater Superintendent of the City of Orofino.
UTILITY BILL: The combined charges for water, sewer, light, and sanitation services and any combination of fees, charges or penalties incident thereof. (Ord. 659, 9-27-1994)
9-12-3: WATER SYSTEM PROPERTY OF CITY:
All mains, laterals, pipes, hydrants and fixtures now laid, constructed or installed or hereafter to be laid, constructed or installed, in, under, across or through the streets, avenues, alleys and other thoroughfares, shall be located in dedicated public rights of ways or easements of the City for supplying potable water to the City and the inhabitants thereof excepting properties under the control of and owned by any water district formed pursuant to title 42, chapter 32, Idaho Code, are hereby declared to be the property of the City, under the control thereof and subject to the provisions of this Chapter. (Ord. 659, 9-27-1994)
9-12-4: SUPERINTENDENT IN CHARGE OF SYSTEM; DUTIES:
The Superintendent or his duly authorized deputy or representative shall have general supervision over the waterworks of the City, and appurtenances thereto, under the direction to the Mayor and Council. Said Superintendent shall attend the tapping of mains, laying and connecting up of laterals and installation of meters and meter boxes, and shall see that all open ditches and excavations on or along the streets, alleys and thoroughfares of said City are carefully guarded by rails and lights or other proper warning signals. He shall have charge of and operate the treatment plant, pumping stations and reservoirs and shall keep the mains of the said system filled with pure and wholesome water at a pressure sufficient for proper fire protection. Prior to the hour of nine o'clock (9:00) A.M. of the fifth business day before the close of the billing period, the said Superintendent shall have all meters inspected and shall enter the present readings thereof in a permanent record opposite the last pervious reading, and deliver the same to the Clerk. The said Superintendent shall at frequent intervals examine the premises of customers supplied with water at a flat rate, and report to the Clerk any improper diversions or use of water, or use of equipment other than that herein specified for flat rate customers. At the order of the Council or Clerk, the Superintendent shall proceed to collect all delinquent utility charges and the penalties as hereinafter provided. All sums collected by the Superintendent under this Chapter shall be paid over to the Clerk with a statement of such collection and a list of customers whose utility service has been disconnected. The Superintendent shall also keep an inventory of all property belonging to the water system and shall, with the consent of the Mayor and Council, purchase supplies and equipment necessary for the maintenance of the system. He shall, upon request, attend meetings of the Council and render such report and statements as may be required, he may perform such other duties as may be required of him by the Mayor and Council, and to the end that the provisions of this Section may be carried out, the Superintendent shall be allowed such assistance as the Mayor and Council may deem necessary and proper. (Ord. 659, 9-27-1994)
9-12-5: APPLICATION FOR WATER CONNECTION:
Any person desiring to have premises connected with the water supply system of the City shall present at the office of the Clerk, or other place provided for the conduct of such business, the following information: copy of the building permit, location of premises with reference to abutting streets, avenues and alleys, state fully all purposes for which such water is to be used, the number of families to be supplied or other indication of the potable consumption, the size of the service pipe or connection believed to be necessary; and the applicant shall therein agree to abide by and conform to the provisions of this Chapter and shall agree that the officers and agents of the City shall have the right at all reasonable times to enter upon the premises of such applicant for the purpose of inspection of service pipes and equipment and reading, testing and repairing pipes and meters of the City installed thereon; provided however, that the applicant is not the owner of the premises, the applicant shall secure consent of the owner thereto and require the owner to guarantee the payment of the water rentals and charges. (Ord. 659, 9-27-1994)
9-12-6: SERVICE CONNECTIONS REQUIRED:
All water furnished to consumers shall be furnished through meters except as provided in Section 9-12-21 of this Chapter.
   A.   Separate Meter, Tap And Service Pipe Required: Every commercial building or residence and its necessary outbuildings supplied with water shall have a separate meter, tap and service pipe connected with the main, and the owner thereof shall be liable for all fees and other charges to become due or due thereon. Provided, that the applicant for such service is not the owner of the premises, the owner shall agree in writing to abide by the provisions of this Chapter.
   B.   Other Service Connections; Inspection Fee: No other service connections shall be allowed within the City's water service area except to the City's potable water supply. Those commercial services in existence and all residential services from other sources shall be discontinued, or shall be subject to inspection for backflow prevention and an approved device installed as warranted. Such service connection will be subject to an annual inspection fee of fifty dollars ($50.00) and testing of all sources as determined by the City.
   C.   Furnishing Water To Other Persons: No person whose premises are supplied with City water shall furnish water to additional persons or property.
   D.   Individual Customer Services: Individual customer services three-fourth inch (3/4") to four inches (4") and fire taps from four inches (4") to six inches (6") will be allowed to connect to City supply mains only. Eight inch (8") taps will be allowed for looped systems, subdivisions and fire hydrants and shall be approved by the Superintendent. (Ord. 659, 9-27-1994)
9-12-7: SERVICE CONNECTION SPECIFICATIONS:
All persons connecting to a City-owned service connection shall use approved type K copper pipe up to and including two inches (2") in nominal diameter in, under, across or through the streets, avenues, alleys, thoroughfares, or dedicated public rights of ways or easements of the City and extending to the property line of the owner. All private service lines shall be laid not less than three feet (3') below the surface of the ground or equal distance below the established or predicated grade of any street. (Ord. 659, 9-27-1994)
9-12-8: INSPECTION OF CONNECTION:
Whenever the owner of any premises connected with the City water supply system or his duly authorized agent shall desire to use the water, he shall request the Superintendent to have the water turned on and service begun. The owner shall leave his portion of the trench containing the service connection open until the same has been properly inspected and the water turned on, when he/she shall immediately and properly cover such pipe. (Ord. 659, 9-27-1994)
9-12-9: RIGHT OF ENTRY; TURN OFF FOR REPAIRS:
   A.   Right Of Entry; Violation: No person shall refuse, neglect or fail to afford any duly authorized representative of the City free access at all reasonable hours to any and all parts of buildings or premises supplied with water from the City water supply system for the purpose of making records, readings, and inspections of the location, condition and sufficiency of pipes, fixtures, and appliances and noting the amount of water used and the manner in which it is used. Violation of this Section or the abuse, threatening or attempted intimidation of any employee of the City may result in the shutting off of the water and imposition of the usual penalties, in addition to punishment for violation of this Section as provided in this Chapter.
   B.   Water Shutoff: The water may be shut off at any time from mains, laterals or service lines, without notice, for the purpose of making repairs or extensions or in other cases of necessity, and the City will not be responsible for any damages caused thereby or resulting from. (Ord. 659, 9-27-1994)
9-12-10: REPAIR OF SERVICE LINES CUSTOMER'S RESPONSIBILITY:
All customers shall keep their service lines in good repair and protected from frost at their own expense, and no deduction will be made on water usage for freezing, breaking or leakage on service lines or fixtures. (Ord. 659, 9-27-1994)
9-12-11: CHECK OR PRESSURE VALVES:
Where it is deemed necessary to protect the City's water meter from hot water or steam, the Superintendent shall have the right to order the owner or water user to install an approved backflow device, as provided in Section 9-12-44 of this Chapter. Any existing service or new construction within the City where City main pressure exceeds eighty (80) psi and/or property owner requests or requires less pressure, an approved pressure- regulating valve will be installed at the property owner's expense on the owner's system. (Ord. 659, 9-27-1994)
9-12-12: STEAM BOILER CONNECTIONS:
Water for high pressure or other steam boilers shall not be drawn directly from the City mains, but shall in all cases be first fed into a suitable tank of sufficient capacity to supply needed water for at least one-half (1/2) day. (Ord. 659, 9-27-1994)
9-12-13: CONNECTIONS FOR ICE AND COLD STORAGE PLANTS:
No ice machine or cold storage plant shall at any time be connected in any manner with the City water supply system, so that water which has been used in any part of such machine or plant will or may be returned after use into the City mains. All water so used shall be at once discharged into the sewers or other proper place of disposal. (Ord. 659, 9-27-1994)
9-12-14: REGULATION OF SERVICE FOR SPRINKLING:
The City reserves the right to regulate the use of water for sprinkling and irrigating purposes and the Superintendent shall give notice by publication, of any restrictions on the use of water for such purposes, and further notices shall be given thereof to consumers with the next monthly statement rendered by the Clerk, and thereafter any consumers using or permitting water to be used for sprinkling or irrigating purposes except as limited in such notice, upon two (2) or more wilful violations of any rules or regulations so promulgated shall be deemed a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days or both such fine and imprisonment for each offense, and in default of payment thereof the water shall be shut off. It shall be the duty of the Superintendent, whenever the consumption of water threatens to exceed the capacity of the City's treatment and transmission facilities, to report such condition to the Mayor and Council thereof in order that the use of water for sprinkling and irrigation may be restricted. (Ord. 659, 9-27-1994)
9-12-15: SPRINKLING PERSONS ON STREETS AND SIDEWALKS:
No person shall wilfully place or permit any automatic sprinkling device or wilfully place or hold any hose in such position or manner that water therefrom falls on any person while on any public street, alley, highway, or sidewalk. The Superintendent may shut off the water on any person so offending. (Ord. 659, 9-27-1994)
9-12-16: METER TAMPERING; FEE:
Where it is determined by the Superintendent that the City curb cock shutoff has been tampered with, damaged or is not in the "on" or "off" position as recorded by the City, the property owner of the premises in question shall be assessed a fee of the actual costs of repair or a minimum of seventy five dollars ($75.00) per occurrence to be charged with the regular utility billing. (Ord. 659, 9-27-1994)
9-12-17: TAKING WATER FROM OTHER PREMISES AFTER SHUTOFF:
Where water has been shut off from any premises for lack of payment of charges or penalties or for any other cause, no person occupying such premises shall take water from any other premises connected with the City water supply system, nor shall any person permit such taking of water. (Ord. 659, 9-27-1994)
9-12-18: WASTING, POLLUTION, DESTRUCTION OF WATER SUPPLY:
Any person who shall interfere with, molest, injure or destroy any fire hydrant, pipe, main, meter, service box or other appurtenance of the water system, or shall open any fire hydrant or tap or make connection with any water main, lateral or pipe without having first obtained permission from the proper official, or shall divert or appropriate water from any hydrant, main, lateral or water pipe without paying the rentals and charges hereinafter specified, shall be deemed guilty of a misdemeanor.
   A.   Proper Use Of Water; Maintenance Of Plumbing And fixtures: No person shall waste water or allow it to be wasted by imperfect or leaking stop valves, check valves; other valves, faucets, pipes, fittings, fixtures or devices of any kind for the utilization and control of water supply or allow any faucet or valve to run wholly or partly open for the prevention of freezing or any other reason or use the water for any purpose other than those upon which his contract is based or use water in any way in violation of any provisions of this Chapter. In case of the neglect or failure to comply with these requirements for the proper maintenance of plumbing and fixtures and the proper use of water, the Superintendent may shut off the water until proper repairs are made and the usual penalty paid. Upon the conviction of any person for the violation of the provisions of this Section, in addition to other penalties imposed by this Chapter, the water on such premises shall be shut off and shall not be again turned on until the best adjustment possible shall have been made for the water so illegally consumed, insofar as the same can be approximately determined and the charges and all penalties incurred have been paid in full.
   B.   Contamination Of Water Supply: No person shall place or cause to be placed in any part of the City water supply system, within the limits of the jurisdiction of the City over the sources of supply, in the pipes, reservoirs or plants thereof within the City any offal, garbage, refuse matter or other unwholesome, injurious or poisonous substance, wash or bathe therein or contaminate the same in any manner. Nor shall any person injure or offer or attempt to injure the water supply of the City or any part of the plant or equipment maintained for that purpose.
   C.   Backflow Prohibited: Any physical arrangement whereby the City's domestic water supply is connected directly or indirectly with any other water supply system, sewer, drain, conduit, pool, storage or reservoir, plumbing fixture, or other device which contains, or may contain contaminated water, sewage, or other waste or liquid which would be capable of imparting contamination to the domestic supply as a result of backflow is prohibited.
   D.   Consumer Responsibility: The consumer has the responsibility of preventing actual and potential contamination of the City water system and the consumer's own system. The consumer's responsibility begins at the point of delivery from the City and includes all of the consumer's water supply system. The consumers, at their own expense, shall install and maintain (USCEC) University of Southern California Engineering Center approved backflow prevention devices as directed by the City. Backflow prevention devices installed on lawn sprinkler or irrigation systems may be installed, upon obtaining the proper permits, by the property owner, plumber or other lawn sprinkler of irrigation system installer. At the City direction, backflow prevention devices installed on all other systems shall be installed by a certified plumber. A list of approved backflow prevention devices and certified plumbers shall be maintained at City Hall. (Ord. 659, 9-27-1994)
9-12-19: USE OR OBSTRUCTION OF HYDRANTS:
   A.   Authorized Personnel Only: No person, except one duly authorized by the Superintendent or Fire Department, shall open, close, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant, standpipe, stopcock, or meter belonging to the City; nor shall any person make any connection with any water main or water pipe belonging to the City water supply system without due authority first having been obtained.
   B.   Backflow Device: For other than fire suppression and fire hydrant testing, an approved backflow device or appropriate air gap will be required on any vehicle or equipment that will be connecting to any hydrant or any appurtenances of the City's whether its metered or not.
   C.   Hydrant Meter Permit Required; Fee; Penalty: For other than fire suppression and fire hydrant testing, a hydrant meter permit is required of any person desiring to use a fire hydrant. The minimum charge shall be thirty five dollars ($35.00) or the actual cost of the water consumed, whichever is greater. A deposit fee of two hundred dollars ($200.00), refundable upon removal by the City of the undamaged meter and backflow device, and finding the hydrant undamaged, shall be required before refunding said deposit. Anyone found using a hydrant without a permit or an approved backflow device shall be assessed a civil penalty as follows:
 
First
$ 500.00
Second
750.00
Third
1,000.00
 
and shall be levied on the next billing period, to the business/property owner using the water illegally.
   D.   Access To Fire Hydrant: No person shall obstruct the ready access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material, attempt to draw water therefrom or wilfully or carelessly damage the same.
   E.   Damage Of Appurtenance: In the event that any person shall wilfully, carelessly or otherwise damage or break any fire hydrant, street standpipe, public drinking fountain, water main or other appurtenance connected with the City water supply system, he/she shall at once report the occurrence to the Superintendent or police with his/her name and address and shall give such undertaking as may be required of him/her that he/she will pay the cost of the repairs or replacement made necessary thereto. (Ord. 659, 9-27-1994)
9-12-20: WATER FOR CONSTRUCTION OPERATIONS:
Water for construction operations may be supplied only at schedule rates. The owner or contractor desiring the service may be required to make such a deposit with the Superintendent as will, in the latter's opinion, secure the City against the nonpayment of all charges and penalties. Should no service connection be available at the desired point, the Superintendent may make a special service connection therefor and shall charge the cost of such work of installation and removal, less salvage of the material recovered, to the account of the applicant or deduct it from any deposit made as above prescribed. (Ord. 659, 9-27-1994)
9-12-21: PRIVATE FIRE LINES AND AUTOMATIC SPRINKLER SYSTEMS:
All domestic and fire lines into a structure must be separate.
   A.   Minimum Annual Charge: The minimum annual charge for private fire lines and automatic sprinkler systems in private buildings is as follows:
 
Type Of Connection
Yearly Rates
   2 inch or less
$ 12.00
   3 inch
22.00
   4 inch
35.00
   6 inch
75.00
   8 inch
130.00
   10 inch
205.00
 
   B.   Red Fire Lines: All fire lines hereinafter installed in any structure in the City shall be painted red.
   C.   Minimum Charges Applicable: These minimum charges shall apply in all cases where automatic sprinklers are installed and where fire gates and other outlets are sealed.
   D.   Extinguishing Fires: No charge will be made for water used in extinguishing fires.
   E.   Size Of Pipe: The inside diameter of the pipe leading to the fire hydrant shall determine the size of the hydrant.
   F.   Improper Conditions: Should the City find that water not metered is used through a fire connection for any purpose other than the extinguishing of fire upon premises, the owner and occupant will be notified. If such improper conditions are not corrected within ten (10) days, the water shall be shut off until adjustments are made.
   G.   Fire Protection Service: If any fire protection service is installed outside the City, the same may be discontinued at the will of the City Council and the connection with the main removed at the expense of the owner or occupant of the property served.
   H.   Responsibility Of Owner: All fire service connection between water mains and property lines shall be installed and maintained by the City at the expense of the owner or occupant of the premises served, and shall be the property of the City.
   I.   Detailed Plans: At the time of making application for such services, the applicant shall file with the City detailed plans showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers and all other outlets, gates or appurtenances. Each fire service connection shall have a gate valve with an adequate valve box installed between the main and the property line of the premises served.
   J.   Fire Line Connections: All new and remodeled fire line connections, all change in flow fire line connections and all change in condition fire line connections shall have an approved backflow device, to be installed and located in an accessible area for annual testing, as provided in Section 9-12-44 of this Chapter (cross-connections).
   K.   Maximum Size: No fire service connection larger than six inches (6") in diameter shall be installed without special permission from the Superintendent.
   L.   Cost Of Installation: Upon receipt of such application, the Superintendent shall fix the charge to be made for the installation of such services plus ten percent (10%), taking into consideration length and size of pipe and the condition of street and sidewalk, all relative to the character of the service.
   M.   Charges Prepaid: Such charge shall be paid by the applicant before installation is made. (Ord. 659, 9-27-1994)
9-12-22: SERVICE CONNECTION CHARGES:
Before a service connection is installed, the property owner shall pay the City both an equity buy in fee and a service connection charge as herein set forth:
   A.   Equity Buy In Fee: An equity buy in fee shall be paid for each connection made to the City water system in accordance with the following schedule:
Single-family
$ 425.00
Multi-facility family
250.00
Per unit
175.00
Commercial
 
 
3/4 inch service
425.00
 
1 inch service
600.00
 
11/2 inch service
750.00
 
2 inch service
1,250.00
 
3 inch service
4,650.00
 
Greater than 3 inches
Negotiated
 
   B.   Service Connection Charges: The service connection charge to be made for all service connections within the City shall be the actual cost of labor and materials used in the installation thereof, plus ten percent (10%). An estimate of this cost shall be made by the superintendent, and such sum so estimated shall be paid by the one requesting service.
   C.   Time Of Payment: All equity buy in and service connection charges shall be paid at the time the service connection is requested.
   D.   Outside City Limits: The service connection charge for any service connection outside the city limits shall be one and one-half (11/2) times the rates hereinabove set forth.
   E.   Charges Calculated: All charges for pipe incident to the installation and connection of water service shall be calculated as if the water main were in the center of the street in order that a uniform charge may be made to property abutting on opposite sides of the street.
   F.   Size Of Pipes: Any and all pipe from the water meter to owner's property line shall be approved type K copper, at least equal in size to the meter installed.
   G.   Request For Change: One making a request for a change in the size of the service connection shall pay to the city clerk, before such change in any service, the actual cost of labor and materials used in the installation thereof, plus ten percent (10%). (Ord. 659, 9-27-1994)
9-12-23: PROPERTY OWNERS LIABLE FOR UTILITY BILLS:
   A.   Responsibility Of Owner; Change Of Ownership; Transferee Service Fee: The owner of real property shall be liable for payment of all utility bills. All utility bills shall be made out and mailed to the property owner, unless he or she designates otherwise to the city clerk in writing. Notice by an owner that utility bills be mailed to a person other than the owner does not relieve the owner of liability thereof. In the event of change of ownership of property, the transferee shall make application for utilities in his or her name and may have the water turned off if service has not already been discontinued. The application of the transferee shall be accompanied by payment of the service fee for turning on the water if service has previously been disconnected. The transferee shall not be liable for the fee provided in subsection B of this section when the lateral connections have been installed under previous application if the existing meter meets current city requirements.
   B.   Primary Responsibility And Liability: Any owner of real property renting the same to others shall, as a condition prerequisite to connection and/or recommencement of services upon a change of occupancy, be required to execute a written agreement, in the manner and form prescribed by the city clerk, acknowledging primary responsibility and liability on the part of the owner for utility charges incurred on behalf of the tenant.
   C.   Written Agreement: The owner of any real property which is served by city utilities, whether owner occupied or rented to another shall, upon initial connection or recommencement of such services, execute a written agreement, in the manner and form prescribed by the city clerk, providing that all charges for city utilities shall constitute a continuing lien upon the premises served thereby, which agreement may be filed of record with the office of the county recorder serving as notice to prospective purchasers or transferees of the obligation of the owner or his/her successor in interest for payment of any outstanding charges. Such written agreement shall constitute a lien upon the premises as hereafter provided in section 9-12-33 of this chapter. (Ord. 659, 9-27-1994)
9-12-24: CHARGES WHEN METER OUT OF ORDER:
In the event a meter malfunctions, the consumer shall be charged on an average made from the amount consumed in the same period of the preceding year, or from the other most reliable data in the possession of the billing department. (Ord. 659, 9-27-1994)
9-12-25: TURN OFF ON REQUEST; CHARGES FOR TURNON:
Water shall be turned off on written request from the consumer, or for violation of rules or nonpayment of bills, and service shall not be reinstated until the applicant shall have paid to the clerk a service fee of thirty five dollars ($35.00) 1 in addition to all delinquent charges on such service. There shall be no charge whenever water service is turned off and/or on for routine service or an emergency during normal business hours. When turnoff and/or turnon is required after business hours, regardless of the reason for the request, a forty five dollar ($45.00) fee will be assessed. A fee of fifty dollars ($50.00) shall be paid to the clerk by the customer when a previously existing meter must be replaced due to a request for removal by a customer or removal necessitated by delinquency. (Ord. 659, 9-27-1994; amd. Res. 08-392, 8-12-2008)

 

Notes

1
1. This rate shall be effective October 1, 2008.
9-12-26: CHARGES; WHERE AND HOW PAYABLE:
All utility bills are payable at the office of the clerk in current lawful money. (Ord. 659, 9-27-1994)
9-12-27: TIME OF PAYMENT; DELINQUENCIES; SERVICE TERMINATION:
   A.   Time Of Payment; Delinquency Charges: All utility bills shall be due and payable at the office of the clerk during regular business hours. Such accounts shall become delinquent at five o'clock (5:00) P.M. on the twenty fifth of each month or on the next regular business day thereafter should the twenty fifth fall on a weekend or a legal holiday, and a delinquent charge of eight dollars ($8.00) 1 shall be added to the amount of the delinquency, except that the delinquency charge for residential "garbage only" accounts shall be seventy five cents ($0.75) 2 and may be collected according to the provisions of section 9-12-31 of this chapter. (Ord. 659, 9-27-1994; amd. Res. 354, 8-22-2005; Res. 08-391, 8-12-2008)
   B.   Termination Of Service: All utility customers shall be notified of such delinquency in writing and if full payment of the delinquent billing is not made, or arrangements made for a pretermination hearing, prior to the tenth day of the following month, the customer's water service shall be terminated. Exceptions to the above policy shall be made only at a pretermination hearing.
   C.   Charges For Restoring Service: Should a utility customer's service be terminated or an adverse decision be rendered against the customer as a result of a pretermination hearing, the city shall require the utility customer to pay the entire bill in full plus a turnon charge before service will be restored.
   D.   Pretermination Hearing: The city, in its delinquency notice, shall inform, in writing, all delinquency utility customers of their right to a pretermination hearing, with such hearing to be held with the due process protection described below; and will not discontinue water service to any utility customer prior to providing opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing to otherwise be heard and defended the claim made by the city, if a pretermination hearing is requested by any utility customer. The city council shall make a record of any pretermination hearings. The city council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the utility customer, the city council will inform the utility customer of the right to appeal the decision pursuant to the Idaho state administrative procedures act.
   E.   Denial Of Service; Hearing: Provided, however, the city shall not initially deny or discontinue water service to any utility customer because of any delinquent utility bill on that premises that is attributable to the prior water usage of another utility customer. Provided further that the city shall not initially deny water service to any water user for whatever reason without informing the utility customer of the right to a hearing before the city council on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a utility customer initially denied service shall be held as expeditiously as possible and according to the procedures for pretermination hearings delineated above.
   F.   Fees Prorated: All single-family, multifacility, and commercial units connected to the city water and/or sewer system shall pay one-half (1/2) of the base rate for each connected utility during any period for which utility services are discontinued. Such fees shall be suspended only upon the removal of the water meter and disconnection of the sewer lateral to the premises. (Ord. 659, 9-27-1994)

 

Notes

1
2. This rate shall be effective October 1, 2008.
2
3. This rate shall be effective October 1, 2005.
9-12-28: SCHEDULE OF RATES:
   A.   Basic Rate: The basic monthly water rate will be set by resolution. (Ord. 665, 3-27-1995)
   B.   Usage Rate: The usage rate per gallon of metered water used and sewer discharged during any one month will be set by resolution.
   C.   Single-Family And/Or Commercial Units: Owners of a single-family and/or commercial unit shall pay monthly the basic rate plus the usage rate for any water used.
   D.   Multifacility Units: Owners of multifacility units shall pay the basic rate for one facility and two-thirds (2/3) of the basic rate for each additional facility, plus the usage rate for any water used. (Ord. 659, 9-27-1994)
9-12-29: ADDITIONAL CHARGES:
In addition to the foregoing schedule of rates, all water service shall be charged the following amounts.
Size Of Meter
Monthly Charge
Size Of Meter
Monthly Charge
5/8 inch
$ 2.35
3/4 inch
2.60
1 inch
2.85
11/2 inch
3.65
2 inch
4.60
21/2 inch
4.95
3 inch
6.65
4 inch
9.55
6 inch compounds
22.90
8 inch compounds
32.25
Backflow device testing
50.00 per test
Water line disinfection
0.28 per foot
Bacterial testing
12.00 per sample
 
(Ord. 659, 9-27-1994)
9-12-30: SPECIAL METER READING CHARGE:
If a special meter reading is requested by an owner or occupant, there shall be a charge made therefor in the sum of ten dollars ($10.00). A forty dollar ($40.00) charge will be applied if the request is made for a special reading to be performed after regular working hours. (Ord. 659, 9-27-1994)
9-12-31: UTILITY BILLS:
The Clerk shall maintain an office in the business district of the City and shall keep the same open five (5) days a week, except for designated holidays, between the hours of nine o'clock (9:00) A.M. and five o'clock (5:00) P.M. for receiving payment and collection of utility bills and for such business as may come before the Clerk. The Clerk shall compute the utility bill for each and every customer as the sum of the following:
   A.   The monthly charge for sanitation service.
   B.   The monthly basic rate charge for water and sewer.
   C.   The monthly usage rate charge for water and sewer.
   D.   The monthly street light fee.
   E.   Any connection charges and penalties.
   F.   Any additional or special charges. (Ord. 659, 9-27-1994)
9-12-32: SUMS CREDITED TO WATER FUND:
The Treasurer shall credit all sums received from the Clerk, as hereinabove provided, to a fund to be known as the Water Fund and no disbursements shall be made therefrom except on order of the Council by warrant issued as in other cases. (Ord. 659, 9-27-1994)
9-12-33: LIEN FOR PAYMENT OF UTILITY ACCOUNTS:
   A.   Lien: Utility bills shall constitute a lien upon real property for which service was provided, pursuant to written agreement executed by the owner of such real property, in the manner and form prescribed by the City Clerk, and as referred to in subsection 9-12-23C of this Chapter. Upon initial hookup or any transfer in occupancy of the premises, the owner of such real property shall, as a condition precedent to receiving utility services, execute a written agreement providing that charges for City utilities shall voluntarily constitute a lien upon the premises served thereby. Every owner of real property rented to others, as a condition prerequisite to transfer of utility bills into the name of the present occupant, shall execute a written agreement acknowledging responsibility on the part of the owner for payment of such utility assessments and further providing that all such charges and assessments shall constitute a lien on the premises served thereby. The City Clerk may record all such agreements with the office of the County Recorder which, upon recording, shall serve as notice to prospective purchasers and/or transferees of the premises of the liability of owner and his/her successors in interest.
   B.   Delinquent Bill; Statement Of Lien Claim: Whenever a bill remains unpaid sixty (60) days after it has been mailed to the owner or occupant, as the case may be, the Clerk may file with the County Recorder a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the City claims a lien for that amount as well as for all utility bills served subsequent to the period covered by the bill, and that the recorded owner of the premises has executed an agreement providing for creation of such lien. If the consumer whose bill is unpaid is not the owner of the premises and the Clerk has notice of such occupancy, then notice shall be mailed to the owner of the premises, if his/her address is known to the Clerk, whenever such bill remains unpaid for a period of sixty (60) days after it has been rendered. The failure of the Clerk to record such lien claim, or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose said lien in accordance with the initial written agreement endorsed by the owner. (Ord. 659, 9-27-1994)
9-12-34: EXTENSION OF WATER MAIN WITHIN CITY SERVICE AREA:
The Superintendent shall be authorized to construct, or cause to be constructed, extensions to the water system if one of the following conditions exist:
   A.   Annual Anticipated Revenue: The annual anticipated revenue made available to the City from the customers to be immediately served by such extension is not less then one-tenth (1/10) of actual cost to the City for construction of said extension.
   B.   Declaration By Superintendent: The Superintendent declares that the water main extension is needed for the overall benefit and improvement of the entire water supply system.
   C.   Approval Of Council: The City Council approves a contract for construction of the extension with a party or parties desiring water service. Provided, however, that subdividers within or adjacent to the City service area shall construct at their own expense all water mains within their subdivisions or developments expect that the City will be responsible for those water main costs set forth in subsection 9-12-40B of this Chapter. (Ord. 659, 9-27-1994)
9-12-35: EXTENSION OF WATER MAINS IN CONTIGUOUS AREAS:
In areas contiguous to the City service area that may be annexed to the City, the City may require such areas to be annexed before water service is provided. Prior to annexation the City shall require the execution and approval of an annexation agreement which shall detail the conditions of water service. (Ord. 659, 9-27-1994)
9-12-36: EXTENSION OF MAINS OUTSIDE CITY SERVICE AREA:
Water mains shall not, without the City Council's approval, be extended outside the City service area; however, when in the opinion of the Superintendent, there will be special benefit and improvement to the City by reason of an extension outside the City service area, special arrangements may be made with the Council to allow said extension. Provided, however, that the area to be serviced outside of the City service area shall not benefit to a greater extent than like areas provided with water service within the City service area, and provided further, that no such arrangement shall be made unless adequate excess water and treatment facility capacity is available for such outside-the-City water service. (Ord. 659, 9-27-1994)
9-12-37: WATER SYSTEM MATERIALS AND INSTALLATION:
   A.   All water main pipe shall be cast iron, ductile iron or PVC C900.
   B.   All water main fittings, i.e., tees, crosses, bends, etc., shall be cast iron or ductile iron.
   C.   All water main materials and installation shall be in accordance with the City standard specifications for the construction of water lines and applicable standard drawings depicting various water main installation details.
   D.   All water system materials shall be of the class, strength or thickness necessary to safely accommodate or provide for a water system pressure of one hundred fifty (150) psi.
   E.   All materials must be approved by the City. (Ord. 659, 9-27-1994)
9-12-38: WATER SYSTEM DESIGN:
   A.   Water Main Plans: All water main plans must be designed and sealed by a registered licensed professional engineer in the State.
   B.   Compliance With State Health Requirements: All water mains and pumping stations shall be designed and approved in accordance with State Health Department requirements.
   C.   Minimum Water Main Size: Minimum water main size shall be six inch (6") diameter. Larger sizes shall be as required by the City's Master Water Plan or as are needed to provide adequate water quantity and pressure to the area (and surrounding developable area) being developed and/or, annexed to the City.
   D.   Location: Water mains shall be at least four feet (4') from the top of the water line pipe to the surface of the ground or equal distance below the established or predicated grade of any street.
   E.   Dead-End Water Mains: All dead-end water mains shall have a fire hydrant or approved flush-out valve installed on the end thereof.
   F.   Fire Hydrants 1 : Fire hydrants shall be located no more than five hundred feet (500') apart within residential areas. Within commercial or industrial areas, there shall be one fire hydrant for every eighty thousand (80,000) square feet of subdivision or development area, including streets and alleys, with fire hydrants located in proximity to the buildings as approved by the City. Sprinkling systems may be required within the interiors of buildings having a high hazard of fire risk.
   G.   Valves: Water mains shall be valved at every intersection so that every block of City water main can be shut off and isolated from the rest of the water system to facilitate maintenance and repair work while keeping public inconvenience to a minimum. Where blocks are exceptionally long, additional valves shall be installed at such additional approved locations as are necessary so that no more than six hundred foot (600') length of water main has to be shut off or out of service at any one time to accommodate repairs and maintenance.
   H.   Location Of Mains And Sewer Lines: Water mains and sanitary sewer lines shall, wherever possible, be located on opposite sides of the street, a ten foot (10') (out-to-out) horizontal separation between water line facilities and sewer line facilities (either sanitary or storm) and an eighteen inch (18") (out-to-out) vertical separation between said line facilities shall always be maintained, unless a specific variance to this requirement is obtained from the City. The applicable separation requirements of the State Health Department shall also be complied with.
   I.   Drawings: All drawings shall be on linen or mylar in pencil or ink and of such quality that they clearly show the dimensions, locations, sizes, etc., of all facilities represented thereon. All water main appurtenances shall be clearly shown and identified by name and by station or other means of horizontal location. Water mains shall be shown both plan and profile if other utilities such as sanitary sewer or storm drain will be adjacent to said water main. If a profile of the water main is not provided, it shall be located in the vertical plane by elevations on the top of the pipe at all fittings, valves, etc., and at other such locations and intervals not exceeding two hundred feet (200'), or as the City may require. Drawings shall be drawn on a scale of one inch equals one hundred feet (1" = 100') unless the amount of detail, topography, etc., necessitates their being drawn on a larger scale (i.e., 1 inch = 40 feet) to provide the clarity and completeness needed on the drawings.
   J.   Design Approved By City: The design of all water mains and all water system plans must be approved by the City. (Ord. 659, 9-27-1994)

 

Notes

1
1. See subsection 11-1-8B3 of this Code.
9-12-39: AS-BUILT DRAWINGS AND ENGINEER'S CERTIFICATION:
   A.   Copies To City: As-built or record drawings of water main plans shall be prepared by a professional engineer and the "corrected" original drawing or a duplicate mylar copy of the "corrected" original drawing(s) shall be provided to the City.
   B.   Certification Required: As-built plans shall include a certification thereon signed by the registered professional engineer in charge of the work that the as-built drawings are true and correct and that he/she (the registered professional engineer) has inspected the construction of the water system installation and that the materials and installation of same were all done in conformance with the City standard specifications for water system construction. (Ord. 659, 9-27-1994)
9-12-40: WATER MAIN CONSTRUCTION:
   A.   Owner Or Developer Responsibility: The owner or developer of any piece of property or tract of land is responsible for the construction of the water main (or for the water main costs) along any property sides or frontages of the property along which a water main is needed for the overall completeness and continuity of the City's water system. If it is a large tract of land, the owner or developer shall also be responsible for the necessary and required system of water mains within the interior of the tract of land. The owner or developer of any piece of property shall construct all needed water mains (of the approved size) within and along all sides or frontages of any piece of property prior to the time any building constructed thereon is occupied or utilized unless "phased" construction of the water main system is specifically allowed or provided for in the annexation or development agreement.
   B.   City Responsibility; Exception: The owner or developer of any property or subdivision will normally be responsible only for the cost of up to an eight inch (8") diameter water main. The additional cost of providing a water main of a size greater than eight inches (8") will normally be a City responsibility. The City will reimburse the developer for the extra cost of the additional water main size (over the 8 inch diameter size referenced above) as set forth in the annexation or development agreement between the developer and the City. Provided, however, that if any proposed subdivision or development is of such size or magnitude that it requires or necessitates a water main size larger than an eight inch (8") diameter, then the owner or developer of said subdivision or development shall be responsible for the entire cost to whatever size of water main is required for said subdivision or development. (Ord. 659, 9-27-1994)
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