In situations where an individual or legal entity is found to be using city services through an unmetered connection(s), all such situations shall be addressed as follows:
(A) The city shall install a meter at the point of illegal connection. The customer shall be charged the cost of tapping the meter as set in the Code of Ordinances or the actual expenses incurred by the city to inspect the illegal tap and install a metering device, whichever is greater. In addition, the customer shall be responsible for paying the appropriate capital recovery fee and deposit in effect at the time the illegal connection is found.
(B) The Customer Service Manager shall be responsible for developing an estimated usage for the unmetered usage. The estimated usage shall be fair and consistent with industry standards. The customer shall also be charged for the time spent by city personnel to develop estimated billing. For billing purposes the city shall assume that the illegal by-passes were installed the same day the actual meter was last read, or the last time a city employee inspected the connection, whichever is later. In the case of new construction, illegal connections to the city’s main shall be billed from the date of issuance of the temporary or permanent certification of occupancy.
(C) The customer shall be required to pay the above charges within 30 days of notification. If the payment is not received service shall be terminated pursuant to the procedures set forth in § 50.07.
(D) The installation of a water meter and connection to the city’s wastewater system is the responsibility of the owner and therefore the fines and charges set forth in this section shall be assessed to the owner of a property. However, this section shall not apply if the owner provides the city with a properly executed agreement which provided that connections to water and wastewater utilities were the responsibility of the tenant. The owner shall additionally execute an affidavit that the responsibility for connection to water and wastewater was addressed in an agreement and made the responsibility of the tenant.
(E) If an illegal by-pass is found at a metered connection, the customer shall be charged a fee equal to the normal fee to reinstall a meter (see § 50.08 (B)) for removal of the by-pass. If a new meter is requested by the customer, a charge separate and apart from the fees set forth in this section will also be assessed. If the meter was removed for non-payment and the account is still in arrears at the time the by-pass is found, the city shall disconnect service at the city’s main.
(F) Customers who illegally open by-pass connections of the type which are utilized by the city as a temporary measure while meters are being repaired, shall be subject to the provisions of subsection (G) set forth herein. The Utilities Department shall be responsible for requiring that by-pass connections be modified to meet current engineering specifications.
(G) In any prosecution relating to the unlawful usage of water, proof of the fact that a connection has been made in a manner as to procure water from the plant, system, or pipes to any faucet or other outlet whatsoever, without the water passing through a meter provided required by the city and used for measuring and registering the quantity passing through; or proof of a connection with the plant, main pipe, service pipe, or other instrument or appliance connected with the plant in a manner as to take, use, or waste water, without the consent of the city; or proof of the fact of any reconnection of water service after it has been lawfully terminated by the city, shall be prima facie evidence that the connection or reconnection was accomplished by the water consumer or consumers being serviced by the water pipe or water meter in question.
(‘58 Code, § 49.17) (Ord.139, passed 3-27-29; Am. Ord.769, passed 5-11-62; Am.Ord.65-31, passed 3-22-65; Am. Ord. 84-32, passed 2-7-84; Am. Ord. 91-24, passed 12-18-90; Am. Ord. 2007-44, passed 3-27-07) Penalty, see § 10.99