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All pertinent provisions of this chapter are hereby made a part of the terms and conditions whereby the city shall furnish any utility service to any person; or whereby the city shall make any utility connection or perform any work of any kind in connection with the furnishing of any utility service.
(1992 Code, § 41-3)
(a) All utility system installations shall be completed by an insured and bonded contractor and/or licensed plumber. All utility system installations or alterations shall be designed by a professional engineer (P.E.) licensed to work in the state of South Dakota.
(b) Any utility service furnished under the provisions of this title shall be in accordance with and compliance with all applicable technical provisions of this Code, state law, and city ordinances, rules, and regulations.
(1957 Rev. Ords., § 14.102, Rules 32, 34; 1992 Code, § 41-4) (Ord. 2314, passed 1-11-1965; Ord. 22-21, passed 2-16-2021)
Cross-reference:
Building, see ch. 150
Electricity, see ch. 55
Fire protection and prevention, see ch. 91
Plumbing, see §§ 150.301 et seq.
It is unlawful to violate any promulgated rule or regulation for utility service supplied by the city. The manager is authorized to adopt any rules or regulations as may be necessary to ensure its oversight and supply function of city utility services. A copy of the rules or regulations shall be filed with the city clerk, with public notice thereof to be provided by the clerk by publishing the notice of rules change in a newspaper of general circulation within the city’s jurisdiction. The proposed rules or regulations shall be posted on the city’s website. This public notice and posting shall occur at least 30 days before the effective date of the rules or regulations.
(1957 Rev. Ords., § 14.102; 1992 Code, § 41-5) (Ord. 151-07, passed 9-10-2007) Penalty, see § 10.999
In order to protect the city’s utility systems, the city shall not make any taps or connection to the city utility systems outside the city limits until the proposed customer’s facilities and premises have been inspected and approved by an authorized utility employee, which inspection shall be made only after deposit of the stipulated fee for the inspection.
(1957 Rev. Ords., §§ 12.104, 14.102, Rule 9; 1992 Code, § 41-6) (Ord. 22-21, passed 2-16-2021)
The city shall have the right to disconnect and discontinue or refuse to connect or reconnect any utility service furnished by the city to any customer if the customer:
(a) Fails to abide by all applicable provisions of city ordinances;
(b) Violates the rules or regulations pertaining to utility service;
(c) Fails to pay any utility bill when due;
(d) Willfully or negligently wastes any utility service due to improper or imperfect pipes, fixtures, appliances, or otherwise;
(e) Tampers with any meter, seal, or other equipment controlling or regulating the supply of utility service;
(f) Obtains, takes, uses, or diverts utility service without payment therefor;
(g) Vacates a premises connected to utility service;
(h) Fails to provide authorized utility employee access to premises for the purpose of reading any meter, installing a new utility meter and/or Meter Transmitting Unit (MTU), or repairing or replacing an existing utility meter and/or MTU; or
(i) Fails to provide access to the premises to authorized utility employees for the purpose of containment backflow prevention verifications.
(1957 Rev. Ords., §§ 4.601, 14.102, 14.501; 1992 Code, § 41-7) (Ord. 82-83, passed 11-7-1983; Ord. 41-16, passed 5-3-2016; Ord. 22-21, passed 2-16-2021)
The city shall not be liable for any damage to the property of any customer of any utility service furnished by the city due to any cause outside the direct control of the city, including without limitation: interruption of service, backflow of the wastewater system, or a failure of utility supply. The city may make exceptions to this if city construction-related activities cause the service line to leak.
(1957 Rev. Ords., §§ 4.604, 14.102, Rule 21; 1992 Code, § 41-8) (Ord. 22-21, passed 2-16-2021)
Any person desiring any city utility service shall make application for the service to the appropriate utility department. The application shall contain the applicant’s name, address and the uses for which the service is desired. A separate application shall be made for each premises to be served. The applicant shall abide by the rules and regulations established by the city relative to utility service in effect at the time of his or her application and as they may be revised from time to time.
(1957 Rev. Ords., §§ 12.102, 14.102, Rules 1, 33; 1992 Code, § 41-9) (Ord. 22-21, passed 2-16-2021)
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