A. The following water uses and conditions violate the city's cross- connection control standards and constitute a clear and immediate hazard to the city's potable water supply, and the city will discontinue water service after making a reasonable effort to notify the customer of the discontinuance of the service:
1. Direct or indirect connection between the city water distribution system and a sewer line;
2. Unprotected direct or indirect connection between the city water distribution system and a system or equipment containing contaminants; and
3. Unprotected direct or indirect connection between the city water distribution system and an auxiliary water system.
B. Water uses and conditions that constitute a basis for water service discontinuance include, but are not limited to, the following:
1. The customer refuses to install or to test a backflow prevention assembly; or
2. The customer refuses to repair or replace a faulty backflow prevention assembly.
C. The City shall comply with the following procedure before discontinuing water service due to water uses and conditions described in subsection B.
1. The director shall cause a written notice of violation and impending discontinuance to be mailed to the customer, at the customer's address. If the customer's address is not the address of the property to which the water service is provided, the notice also shall be sent to the address of the property to which water service is provided, addressed to "Occupant."
2. The notice shall be mailed not less than 30 days prior to the proposed discontinuance.
3. The notice must include all of the following in a clear and legible format:
a. The customer's name and address;
b. The nature of the violation;
c. The date by which compliance with the cross-connection control standard is required to avoid discontinuance of water service;
d. A description of the opportunity to file a complaint or to request an extension of time to achieve compliance; and
e. The telephone number of a department representative authorized to provide additional information.
4. A customer desiring to file a complaint concerning the violation or to request an extension of time to achieve compliance must file a written complaint or request with the director not later than 15 days after the date of the mailed notice of violation.
5. A department employee designated by the director shall schedule a meeting to review and investigate a timely complaint or request for an extension of time to achieve compliance.
6. After the meeting required by subsection C.5, the designated employee shall render a written decision, which may include additional time to achieve compliance. A copy of the decision shall be mailed to the customer at the customer's address.
7. The decision of the designated employee may be appealed pursuant to chapter 1.24, by filing a notice of appeal with the city clerk no later than ten days after the date the decision is mailed to the customer.
8. If a complaint is not filed or a request for an extension of time to correct the violation is not made, as specified in subsection C.4, or if a complaint is filed or a request is made as specified in subsection C.4, but the customer filing the complaint or making the request fails to appear at the meeting scheduled pursuant to subsection C.5, the city shall have the right to discontinue water service.
9. If a complaint has been filed or a request has been made as specified in subsection C.4, and the customer filing the complaint or making the request has appeared at the meeting scheduled pursuant to subsection C.5, and any action determined to be required by the designated employee holding the meeting is not completed within the deadline imposed by the designated employee or 30 days after the date that the designated employee's decision is mailed, whichever is later, the city shall have the right to discontinue water service.
10. Not less than 48 hours prior to a scheduled discontinuance of water service, a final notice shall be posted in a conspicuous location on the premises where service is to be discontinued and shall also be mailed to the customer, at the customer's address. The final notice must include all the following in a clear and legible format:
a. The customer's name and address;
b. The nature of the violation;
c. The date by which compliance was required to avoid discontinuance of water services; and
d. The telephone number of a department representative authorized to provide additional information.
D. Water service to any premises where service has been discontinued pursuant to this section shall not be restored until the customer has corrected or eliminated such conditions or defects in conformance with this section and to the satisfaction of the director.
E. The city shall not be held liable to any customer for any injury, damages, or lost revenues that may result from discontinuance of the customer's water service in accordance with the terms of this section.
F. The customer is responsible for back-siphoned pollutants or contaminants through backflow, if contamination of the city water distribution system occurs through an illegal cross-connection or an improperly installed, maintained, or repaired backflow assembly device or bypassing a backflow assembly device. The customer shall be liable for the cost of clean-up of the city water distribution system and shall be liable for damage or injury that occurs as a result of the contamination. (Ord. 2024-0021 § 3)