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Virginia, MN Code of Ordinance
VIRGINIA, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF VIRGINIA, MINNESOTA
CHAPTER 1: GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION
CHAPTER 2: ADMINISTRATION AND GENERAL GOVERNMENT
CHAPTER 3: MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS
CHAPTER 4: CONSTRUCTION PERMITS AND REGULATION
CHAPTER 5: ALCOHOLIC BEVERAGES LICENSING AND REGULATION
CHAPTER 6: OTHER BUSINESS REGULATION AND LICENSING
CHAPTER 7: STREETS AND SIDEWALKS GENERALLY
CHAPTER 8: TRAFFIC REGULATIONS
CHAPTER 9: PARKING REGULATIONS
CHAPTER 10: PUBLIC PROTECTION, CRIMES AND OFFENSES
CHAPTER 11: LAND USE REGULATIONS (ZONING)
CHAPTER 12: SUBDIVISION REGULATIONS (PLATTING)
CHAPTER 13: REGULATING TREE/SHRUB PLANTING AND MAINTENANCE
CHAPTER 14: CREATION OF JOINT POWERS AUTHORITY BETWEEN VIRGINIA AND EVELETH
CHAPTER 15: ROTARY PARK
CHAPTER 16: EMERGENCY MANAGEMENT
CHAPTER 17: PROPERTY MAINTENANCE AND PRESERVATION CODE
CHAPTER 18: VACANT BUILDING REGISTRATION
CHAPTER 19: RESERVED
CHAPTER 20: MISCELLANEOUS ORDINANCES
PARALLEL REFERENCES
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§ 3.04 RULES AND REGULATIONS RELATING TO MUNICIPAL UTILITIES.
   (A)   Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the city, and strictly in accordance therewith. No connection shall be made until consent has been received from the city to make the same. All municipal utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of the utilities taken as metered or ascertained in connection with the rates.
   (B)   Discontinuance of service. All municipal utilities may be shut off or discontinued whenever it is found that:
      (1)   The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the city code relative thereto, or any connection therewith;
      (2)   Any charge for a municipal utility service, or any other financial obligation imposed on the present owner or occupant of the premises served, is unpaid after due notice thereof; or
      (3)   There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor.
   (C)   Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto, shall be and remain in the city and no person shall own any part or portion thereof; provided, however, that, private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership.
   (D)   Right of entry. By applying for, or receiving, a municipal utility service, a customer irrevocably consents and agrees that any city employee acting within the course and scope of his or her employment may enter into and upon the private property of the customer, including dwellings and other buildings, at all reasonable times under the circumstances, in or upon which private property a municipal utility or connection therewith, is installed, for the purpose of inspecting, repairing, reading meters, connecting or disconnecting the municipal utility service.
   (E)   Meter test.
      (1)   Whenever a consumer shall request the city to test any utility meter in use by him or her, a request shall be accompanied by a cash deposit for each meter to be tested. If any meter is found to be inaccurate, the same shall be replaced with an accurate meter and the deposit thereon refunded.
      (2)   If the meter shall be found to be accurate in its recordings or calculations, it shall be reinstalled and the deposit shall be retained by the city to defray the cost of the test.
   (F)   Unlawful acts.
      (1)   It is unlawful for any person to willfully or carelessly break, injure, mar, deface, disturb or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture or appurtenance of any municipal utility or municipal utility system or commit any act tending to obstruct or impair the use of any municipal utility.
      (2)   It is unlawful for any person to make any connection with, opening into, use or alter in any way any municipal utility system without first having applied for and received written permission to do so from the city.
      (3)   It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the city for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the city.
      (4)   It is unlawful for any person to “jumper” or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge.
   (G)   Municipal utility services and charges a lien.
      (1)   Payment for all municipal utility (as that term is defined in § 3.01 of this chapter) service charges shall be the primary responsibility of the owner of the premises served and shall be billed to him or her unless otherwise contracted for and authorized in writing by the owner and the tenant, as agent for the owner, and consented to by the city. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this division (G). In addition to all penalties and costs attributable and chargeable to recording notices of the lien or filing a civil action or any other fees or costs related to the collection of this bill, the owner or user of the real estate being serviced by the Virginia Public Utilities shall be liable for interest upon all unpaid balances at the rate of 8% per annum.
(Amended 3-26-2002)
      (2)   Each such account is hereby made a lien upon the premises served. All such accounts which are more than 45 days past due may, when authorized by resolution of the Council, be certified by the City Clerk to the County Auditor and the City Clerk, in so certifying, shall specify the amount thereof, the description of the premises served and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against the premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the city along with other taxes.
   (H)   Customer’s responsibility. It is the responsibility of the customer to install, service, repair and maintain all lines, pipes and appurtenances from the point of delivery and consumption up to and including:
      (1)   The corporation stop on water mains; and
      (2)   The “Y” on sewer mains.
§§ 3.05 MANAGEMENT OF PUBLIC RIGHT-OF-WAY.
   (A)   Election to manage the public right-of-way. In accordance with M.S. § 237.163 subd. (b), the city hereby elects to manage rights-of way within its jurisdiction.
   (B)   Definitions. Except as provided below, the definitions in Minn. Rules 7819.0100 are hereby adopted by reference and are incorporated into this section as if set out in full.
      FACILITY. Any tangible asset associated with the provision of utility service that is or will be located in the public right-of-way.
      PERSON. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate or political.
      PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, alley, cartway, bicycle lane, or public sidewalk which the city maintains or otherwise has an interest, and other easements dedicated to the public or to use for utility service. The PUBLIC RIGHT-OF-WAY does not include the airwaves with regard to non-wire telecommunications or broadcast services.
      RESTORATION or RESTORE. The process by which an excavated public right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before excavation.
      UTILITY SERVICE. Includes all of the following, except any of these utility services provided by the City of Virginia Public Works Department and/or the Virginia Public Utilities:
         (a)   Services of a telecommunications right-of-way user, including the transporting of voice or data information;
         (b)   Services provided by a cable communications system as defined in M.S. Ch. 238;
         (c)   Telecommunications services, electric, and natural gas not provided by a public utility;
         (d)   Services provided by a cooperative electric association organized under M.S. Ch. 308A; and
         (e)   Connections to the municipal water, sewer, steam, cooling or heating services not provided by a public utility.
   (C)   Permit requirement.
      (1)   Permit required. Except as otherwise provided herein, no person may obstruct or perform work in any right-of-way, or locate facilities in any right-of-way, without first having obtained the appropriate permit from the city. The permit shall specify the location of the affected right-of-way, describe the work to be performed and facilities to be installed, and the duration of the permit. To AFFECT THE RIGHT-OF-WAY means to disturb the existing ground surface.
      (2)   Permit extensions. No person may obstruct or perform work in the right-of-way beyond the date specified in a permit unless a new permit or permit extension is granted.
      (3)   Responsible city official. The city Building Official and/or their designee is the city official charged with the initial authority and responsibility on behalf of the city, for:
         (a)   Granting or denying permits;
         (b)   Revoking permits;
         (c)   Determining and imposing fees under this section.
      (4)   Delay penalty. In accordance with Minn. Rules 7819.1000, subpart 3, the city may impose a delay penalty for unreasonable delays in work conducted in the right-of-way. The City Council shall establish the amount of the delay penalty from time to time by resolution.
      (5)   Permit display. Permits issued under this section shall be available for inspection at all times at the indicated work site.
      (6)   Exceptions. Work that is being done by, for, and directed by the city and/or the Virginia Public Utilities Commission shall not be required to obtain a permit. However, the entities must maintain all plans for construction as per M.S. § 138.17.
   (D)   (1)   Permit applications. A permit application shall contain the following:
      (2)   A completed application form, including all required plans or drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities, and the following:
         (a)   The applicant's name, Gopher One-Call registration certificate number, address and e-mail address if applicable, and telephone and facsimile numbers.
         (b)   1.   A certificate of insurance naming the city as an additional insured, verifying that the applicant is insured against claims for personal injury, death, or property damages associated with work in the right-of-way, and requiring 30 days’ notice to the city of cancellation or material modification of the policy.
            2.   Before a permit shall be granted, the permittee shall deposit with the City Clerk a policy or policies of an insurance company or companies licensed to transact business in this state insuring the permittee against loss from the liability imposed by law for damages on account of bodily injuries or death, or from damage to property resulting from the work contemplate by the permit, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy, any final judgment rendered against the insured by reason of such liability. The limit in any such insurance policy of such liability of the insurer on account of the work contemplate in the issuance of a permit shall not be less than $500,000 combined single limit, bodily injuries and property damage. The policy may not be canceled by the insurance company without first notifying the city clerk at least 30 days before the policy is canceled.
         (c)   General liability. Before a permit shall be delivered to any person, he or she shall deposit with the City Clerk a policy or policies of an insurance company or companies duly licensed to transact business in this state, insuring the person from any and all liability which he or she may incur as a result of bodily injuries or property damage resulting to him or her. The limit of such insurance policy shall not be less than $500,000 for bodily injuries to or death of any one person and an aggregate of $1,000,000 on account of any one accident resulting in injuries and/or death of more than one person and a total of $50,000 liability for damages to property of others arising out of any one accident.
         (d)   If the applicant is a corporation, a copy of the certificate required to be filed under M.S. § 300.06 as recorded and certified to by the Secretary of State.
         (e)   A copy of the applicant's certificate of authority from the Minnesota Public Utilities Commission, or other applicable state or federal agency, to the extent such authority is required by law.
         (f)   Payment of a permit fee covering the city's administrative and management costs and any associated costs such at the cost of any right-of-way restoration that the city will complete.
   (E)   Permit approval, denial and conditions.
      (1)   Denial of permit. The city may deny a permit if a completed application is not filed, if the requirements and conditions of this section are not met, or if the city determines that the denial is necessary to protect the health, safety, and welfare or to protect the right-of-way and its current use.
      (2)   Review. Any permit application submitted shall be reviewed and granted or denied by the City Engineer within five working days. If the City Engineer fails to take action on the application within five working days, the permit shall be deemed to be granted.
      (3)   Small wireless facility - deadline for action. The city shall approve or deny a small wireless facility permit application within 60 days for an existing facility and 90 days for a new facility after filing of such application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within the review periods established in this section.
      (4)   Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to M.S. §§ 216D.01 through 216D.09 (Gopher Once Call Excavation Notice System) and Minn. Rules, Ch. 7560.
   (F)   Permit fees. The City Council may establish an appropriate permit fee schedule that will be available to the public. Unless otherwise agreed to in a franchise, right-of-way permit fees are separate from and in addition to franchise fees imposed on a right-of-way user.
   (G)   Right-of-way restoration by permittee. Unless otherwise provided in a permit, the permittee shall promptly and fully restore the right-of-way within five working days of completion of the placement of utilities, to a condition equivalent to that prior to its work. The permittee shall complete restoration according to Minn. Rules, 7819.1100, or such standards as may be specified by the city. If the pavement settles, the permittee shall pay to the city all costs associated with correcting the problem within 30 days of billing. Upon the city's request, the permittee shall post a construction performance bond in accordance with the provisions of Minn. Rules, part 7819.3000. If the permittee fails to restore the right-of-way as required, the city may exercise its rights under the construction performance bond.
   (H)   Right-of-way restoration by the city. The city may choose to restore the right-of-way with city forces or through contracting. If the city restores the right-of-way, the permittee shall pay the estimated costs thereof as part of the permit application fee and when restoration is completed by the city, pay the actual cost.
   (I)   Permit approval, denial and conditions.
      (1)   Notice of completion. The permittee shall notify the city in writing when the work under a permit is completed.
      (2)   Site inspection. City personnel and others authorized by law may inspect the work-site at any time during or upon completion of the work. At any time, the city may order immediate cessation of work that poses a threat to the life, health, safety or well-being of the public.
   (J)   Work done without a permit.
      (1)   Non-emergencies. Except in an emergency, any person who obstructs or performs work in a right-of-way without the necessary permit must immediately obtain a permit and pay double the normal permit fee as a penalty.
      (2)   Emergency situations. Any person with facilities in the right-of-way shall immediately notify the city of any emergency in relation to its facilities. Such person may take whatever actions are necessary to respond to the emergency. Such person shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements in this section as soon as is feasible.
   (K)   Revocation of permit. The city may revoke any right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. Prior to revocation, the city shall make a written demand upon the permittee to remedy such violation. Within 24 hours of receipt, the permittee shall provide a plan acceptable to the city to cure the violation or breach. The permittee's failure to timely respond or implement the approved plan shall be cause for immediate revocation of the permit.
   (L)   Indemnification and liability. By applying for and accepting a permit under this section, a permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rules, part 7819.1250.
   (M)   Abandoned facilities. Any person who has abandoned facilities in any right-of-way shall promptly remove them if the city determines it is necessary to accommodate other right-of-way repair, excavation or construction.
   (N)   Appeal. A right-of-way user that: (1) Has been denied a permit; (2) Has had permit revoked; or (3) Believes that the fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed upon written request by the City Council at its next regular meeting. A decision affirming the denial, revocation or fee imposition will be writing and supported by written findings.
   (O)   Reservation of regulatory and police powers. A permittee's rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public.
(Ord. passed 7-26-2022)
§§ 3.06 THROUGH 3.19 RESERVED FOR FUTURE EXPANSION.
§ 3.20 RULES AND REGULATIONS RELATING TO REFUSE COLLECTION AND DISPOSAL.
   (A)   Definition. REFUSE includes all drained organic material resulting from the preparation of food and spoiled or decayed food from any source, bottles, cans, glassware, paper or paper products, crockery, ashes, rags and discarded clothing, tree and lawn clippings and solid market and industrial wastes.
   (B)   Storage and transporting refuse.
      (1)   It is unlawful for any person to store refuse, except as herein provided.
      (2)   It is unlawful for any person to transport refuse over any street, for hire, except by special permit from the Council, or acting within the course and scope of a written contract with the city, or his or her employment with the city.
      (3)   It is unlawful for any person to transport refuse on any street unless it is earned in a vehicle equipped with a leak-proof body or container and completely covered with a heavy canvas or top to prevent loss of contents.
   (C)   Containers. All refuse shall be stored in clean, rust-resistant, water-tight, non-absorbent and washable closed containers, approved for the purpose by the city; provided, however, that, tree clippings may be stored in tied bundles no longer than four feet and lawn clippings and paper may be stored in containers protected from wind and other elements.
   (D)   Collection and disposal of refuse. The city shall provide for collection and disposal of all refuse in a sanitary manner to ensure the health, safety and general welfare of its residents, under such terms and conditions as the city may, from time to time, deem appropriate. Containers shall be placed at the designated collection point on days specified by the city. Collection points will generally be the alley adjacent to the property from which refuse is collected; but where there is no alley, the curb line in front of the property.
   (E)   Property of the city. All materials at public disposal sites are the property of the city. It is unlawful for any person to separate, collect, carry off or dispose of the materials, except by direction of the city.
   (F)   Disposal site. Privately hauled non-refuse disposal from households, and refuse and non-refuse disposal from commercial establishments, may be deposited at the disposal site upon payment of charges therefor.
   (G)   Prohibition. Any person, business or corporation that is not a customer of the city refuse system shall not dump or dispose of refuse of any kind within the city limits. Violators shall be subject to sanctions designated under this section.
(Amended 4-13-1993)
   (H)   Refuse bags. All residential refuse shall be placed in city designated containers. All commercial refuse customers shall use either bags or containers in the disposal of their refuse in city designated containers.
(Amended 4-13-1993)
   (I)   Violation.
      (1)   Any violation of division (H) above, shall result in a fine of $25 for the first violation; $50 for the second violation; $75 for the third violation and any violation beyond a third violation shall be charged as a misdemeanor and shall be subject to the sanctions designated under this section.
(Approved 12-10-1996)
      (2)   Any violation of division (H) above where a fine is imposed and a default occurs, the City Council, by resolution, may certify the amount of the fine and a 10% administration fee to the County Auditor as of September 1 of each year to be collected with the property tax due. The city may also charge a 6% interest on all unpaid fines.
(Approved 3-27-2001; Ord. passed 5-8-2018)
§§ 3.21 THROUGH 3.29 RESERVED FOR FUTURE EXPANSION.
§ 3.30 RULES AND REGULATIONS RELATING TO WATER SERVICE.
   (A)   Deficiency of water and shutting off water. The city is not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water-off for the purpose of making repairs or connections or by any other cause whatever. In case of fire, or alarm of fire, water may be shut off to ensure a supply for firefighting. In making repairs or construction of new works, water may be shut off at any time and kept off so long as may be necessary.
   (B)   Repair of leaks. It is the responsibility of the consumer or owner to maintain the service pipe from the curb stop into the house or other building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her service pipe within 24 hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceeded with immediately.
   (C)   Abandoned services penalties. All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main. The owner of the premises, served by this service, shall pay the cost of the excavation. The city shall perform the actual disconnection and all pipe and appurtenances removed from the street right-of- way shall become the property of the city. When new buildings are erected on the site of old ones, and it is desired to increase the old water service, a new permit shall be taken out and the regular tapping charge shall be made as if this were a new service. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save expense in improperly removing the pipe from the main. Also, the improper disposition thereof shall be corrected by the city and the cost incurred shall be borne by the person causing or allowing the work to be performed.
   (D)   Service pipes.
      (1)   Every service pipe must be laid in a manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing.
      (2)   Joints on copper tubing shall be flared or compression-fitted and kept to a minimum. Not more than one joint shall be used for a service up to 70 feet in length. All joints shall be left uncovered until inspected. Minimum size connection with the water mains shall be three-fourths inch in diameter.
   (E)   Private water supplies. No water pipe of the city water system shall be connected with any pump, well, pipe, tank or any device that is connected with any other source of water supply and when such are found, the city shall notify the owner or occupant to disconnect the same and, if not immediately done, the city water shall be turned off. Before any new connections to the city system are permitted, the city shall ascertain that no cross-connections will exist when the new connection is made. When a building is connected to “city water”, the private water supply may be used only for such purposes as the city may allow.
   (F)   Prohibited uses or restricted hours. Whenever the city shall determine that a shortage of water threatens the city, it may entirely prohibit water use or limit the times and hours during which water may be used from the city water system for lawn and garden sprinkling, irrigation, car washing, air conditioning and other uses, or either or any of them. It is unlawful for any water consumer to cause or permit water to be used in violation of the determination after public announcement thereof has been made through the news media specifically indicating the restrictions thereof.
   (G)   Private fire hose connections. Owners of structures with self-contained fire protection systems may apply for and obtain permission to connect the street mains with hydrants, large pipes and hose couplings, for use in case of fire only, at their own installation expense and at such rates as the Council may adopt, by resolution, as herein provided.
   (H)   Opening hydrants. It is unlawful for any person, other than members of the Fire Department or other person duly authorized by the city, in pursuance of lawful purpose, to open any fire hydrant or attempt to draw water from the same or in any manner interfere therewith. It is also unlawful for any person so authorized to deliver or suffer to be delivered to any other person any hydrant key or wrench, except for the purposes strictly pertaining to their lawful use.
   (I)   Unmetered service. Unmetered service may be provided for construction, flooding skating rinks and any other purpose. The service shall be at a duly adopted rate. Where it is difficult or impossible to accurately measure the amount of water taken, unmetered service may be provided and the unmetered rate applied; provided, however, that, by acceptance thereof the consumer agrees to have the city estimate the water used. In so estimating, the city shall consider the use to which the water is put and the length of time of unmetered service.
   (J)   Water meters. All water meters exceeding one inch in size shall be purchased and maintained by the property owner. All repairs of water meters not resulting from normal usage shall be the responsibility of the property owner, as shall any maintenance and repair of meters which are not of the remote reading type. Any meter 20 years old, or older, or in need of replacement shall be replaced with a remote type which shall be purchased by the property owner and shall be the maintenance responsibility of the city. All water meters shall be installed and controlled by the city and the cost of installation shall be the responsibility of the property owner. Any remote type meter in need of replacement by reason of normal usage shall be furnished by the city, installed at the expense of the property owner, and the city shall thereafter own the meter.
   (K)   Code requirement. All piping, connections and appurtenances shall be installed and performed strictly in accordance with the state’s Plumbing Code. Failure to install or maintain the same in accordance therewith, or failure to have or permit required inspections shall, upon discovery by the city, be an additional ground for termination of water service to any consumer.
§ 3.31 WATER CONSERVATION AND WATER EMERGENCY STAGES.
   (A)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number included the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
      CITY. The City of Virginia.
      CITY COUNCIL. The Council of the City of Virginia.
      COMMISSION. The Board of Public Utilities providing water to the residents residing with the city limits of Virginia.
      MAYOR. The Mayor of the City of Virginia.
      PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
      WATER. Water supplied by the water works of the city, either directly or indirectly by the Commission through another entity.
   (B)   Effective upon declaration of emergency by the Mayor. Whenever, upon determination by the Mayor of the city in consultation with such officials as he or she deems appropriate, the Mayor of the city determines that a water service emergency exists in the city and that the emergency requires that certain uses of water not essential to the health, welfare and safety of the citizens of the city be restricted and the Mayor issues and publishes a declaration of the findings in a newspaper of general circulation within the city for a period of three consecutive days, the provisions of this section shall become immediately effective and applicable to all persons living within the city and its police jurisdictions.
   (C)   Prohibited uses.
      (1)   General. The use and withdrawal of water by any person shall be restricted to the following uses upon the declaration of the Mayor of a water emergency as set forth in division (B) above.
      (2)   Water restrictions.
         (a)   Stage 1 - Water Alert. The Water Alert Stage will be implemented when water shortages are predicted as reported by the local water authority. Public notices and press releases will be provided to notify citizens and businesses of the city of the water shortage situation. The public will be given the notice that the city’s water conservation and water emergency stages have been initiated and that the following voluntary conservation measures, which apply to both residential and commercial properties, be enacted.
            1.   The watering of established lawns and landscaping should be limited to the hours of 4:00 p.m. and 10:00 a.m. on each allowable watering day. Addresses ending in an even number should water established lawns and landscaping on Tuesdays and Saturdays. Addresses ending in odd number should water on Wednesdays and Sundays.
            2.   New lawns and landscaping are exempt from the day of the week restrictions for the first 30 days of installation. However, the watering shall be limited to the minimum necessary. Watering should be conducted between the hours of 4:00 p.m. and 10:00 a.m. Documentation to verify the date of planting shall be made available upon request. Hand watering, using hoses with shut off valves or nozzles, is not restricted, but should be limited to the minimum amount necessary.
            3.   Watering for the purpose of applying insecticides, fungicides and herbicides where the watering is required by the manufacturer or by federal, state or local law shall not be restricted by days of the week. However, the watering shall be limited to the minimum necessary. Documentation to verify the date of application shall be made available upon request.
            4.   The washing of personal motor vehicles or equipment shall be permitted by means of a “bucket” and “sponge” and a hose with a shut-off nozzle. Commercial car washes may continue normal operation.
            5.   Hosing down of porches, sidewalks, driveways and other hard surfaces, except of health and safety reasons should be suspended unless performed by a commercial pressure washer.
            6.   Golf courses should water the first nine holes Monday and Thursdays, and the bottom nine holes should be watered on Tuesdays and Fridays.
            7.   Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and Jacuzzis, may be filled once upon completion. One-time draining and subsequent re-filling of swimming pools is allowed only for repairs if conditions threaten the integrity of the pool and/or its supporting infrastructure.
            8.   Commercial nurseries and gardens are exempt from day of the week watering, but shall restrict water use to the minimum.
         (b)   Stage 2 - Water Warning. The Water Warning Stage shall be implemented when “severe” weather shortage conditions are reported by the local water authority and the voluntary conservation measures described in Stage 1: Water Alert have not sufficiently reduced system demands. At this stage, the Stage 2 Water Warning will be implemented with a declaration by the Mayor.
            1.   The watering of established lawns and landscaping is limited to the hours of 4:00 p.m. and 10:00 a.m. on the allowable watering day. Addresses ending in an even number should water established lawns and landscaping on Tuesdays and Saturdays. Addresses ending in odd number should water on Wednesdays and Sundays.
            2.   New lawns and landscaping are exempt from the day of the week restrictions for the first 30 days of installation. Watering shall be limited to the minimum necessary and can be conducted between the hours of 4:00 p.m. and 10:00 a.m. After the first 30 days, watering is restricted to two days per week on the even/odd address days and times listed in division (C)(2)(b)1. above.
            3.   The washing of personal motor vehicles or equipment shall be suspended.
            4.   The use of fire hydrants for any purpose, except firefighting or flushing sewers for health protection shall be suspended.
            5.   The watering of any portion of golf courses, except for tees and greens, shall be suspended. The watering of tees and greens is allowed on Mondays, Wednesdays and Fridays between the hours of 1:00 a.m. and 5:00 a.m. Hand misting is permitted on the other days of the week.
            6.   Commercial nurseries and gardens shall restrict water use to the minimum amount necessary to maintain plants.
            7.   Newly constructed or existing public and private swimming pools, which include outdoor hot tubs, spas and Jacuzzis, may be filled once upon completion. One-time draining and subsequent re-filling of swimming pools is allowed only for repairs if conditions threaten the integrity of the pool and/or its supporting infrastructure.
            8.   Watering from private lakes, streams, wells or ponds must post visible signs if deviating from the schedule set forth above.
         (c)   Stage 3 - Water Emergency.
            1.   The Water Emergency Stage will be implemented when “extreme” drought conditions exist. The Mayor shall have the authority to declare a water emergency when public health, safety and sanitary standards are at risk. This Water Emergency Stage shall ban all nonessential outdoor water usage.
            2.   The use and withdrawal of water by any person for the following purposes shall be prohibited unless expressly permitted by ordinance.
               a.   Outdoor watering. The watering or irrigation of lawns and landscaping shall only be allowed on weekends. Addresses ending in an even number shall water on Saturdays between 6:00 a.m. and 10:00 a.m. and addresses ending in an odd number shall water on Sundays between 6:00 a.m. and 10:00 a.m. (Commercial nurseries shall restrict watering to the minimum amount necessary to maintain plants.)
               b.   Washing mobile equipment. The washing of automobiles, trucks, trailers, trailer houses, railroad cards or any other type of mobile equipment is prohibited.
               c.   Cleaning outdoor surfaces. The washing of sidewalks, driveways, gas stations aprons, porches and other outdoor surfaces is prohibited.
               d.   Cleaning buildings, equipment and machinery. The washing of the outside of dwellings and commercial buildings, and the cleaning of equipment and machinery is prohibited.
               e.   Ornamental fountains. The operation of any ornamental fountains or other structures making similar use of water is prohibited.
               f.   Golf courses and athletic fields. Except for the hand watering of greens on golf courses, the watering of golf courses and athletic fields is prohibited.
               g.   Commercial car washes. All car washing shall be suspended.
            3.   The Mayor or Public Utilities Manager shall have the authority to permit reasonable use of water to maintain public health, safety and sanitary standards. However, this reasonable use shall not include any of the restrictions in this section.
         (d)   Stage 4 - Water System Failure.
            1.   The city strongly endorses and recommends that the various water systems serving the City of Gilbert, Eveleth and Mountain Iron work out reciprocal emergency water use agreements and install adequate connections to allow the transfer of water from one system to another in times of drought or other disaster causing shortages.
            2.   This stage could result from drought intensity or other unrelated causes for the potable water supply system failure. In this stage, a significant or total failure of a water distribution system will have disastrous effect on the city. At this juncture, notification of the federal and state agencies for assistance would be required. Emergency Operations Center (EOC) would be opened for the duration of the event. Priority will be placed on public safety and public health.
   (D)   Water usage rates during declared water conservation and water emergency stages. During a declared Virginia Water Conservation and Water Emergency Stage, as set forth in division (B) above, the current water conservation water usage rates as set by the Department of Public Utilities shall apply. The provisions of this section shall become immediately effective upon the declaration by the Mayor.
   (E)   Enforcement. Upon implementation of the provisions of this section as provided in this section, any violation of division (C) above, shall result in a fine of: $25 for the first violation; $100 for the second violation; $500 for the third violation and any violation beyond a third violation will result in the water utility disconnecting service at the street until the resident agrees to comply with the restrictions. A separate $100 fee will be assessed to reconnect service.
(Added 7-4-2010)
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