§ 50.41  BILLING PROCEDURES, DISCONTINUANCE OF SERVICE, AND OTHER REGULATIONS; PROHIBITIONS AND CONDITIONS.
   The following regulations, prohibitions, and conditions are applicable and are in force and effect with respect to the combined and consolidated water and sewer system of the city:
   (A)   All taps and connections to the water mains and sewer of the city shall be made by and/or under the direction and supervision of the manager.
   (B)   Water service may be discontinued by the city for any violation of any rule, regulation, or condition of service and especially for any of the following reasons:
      (1)   Misrepresentation in the application or contract as to the property or fixtures to be supplied, or as to additional use of water/sewer service, or as to unusual or extraordinary use of sewer facilities.
      (2)   Failure to report to the city additions to the property or fixtures to be supplied, or of additional use of water/sewer service.
      (3)   Resale or giving away of water.
      (4)   Waste or misuse of water due to improper or imperfect service pipes or failure to keep same in suitable state of repair.
      (5)   Tampering with meter, meter seal, service, or valves, or permitting such tampering by others.
      (6)   Connection, cross-connection, or permitting the same, of any separate water supply to premises which receive water from the city.
   (C)   Any customer desiring to discontinue the water/sewer service to his premises for any reason must give notice of discontinuance in writing at city hall; otherwise a customer shall remain liable for all water used and water/sewer services rendered to such premises by the city unless said notice is received by the city.  No person shall remain in a dwelling or building not connected to the water and sewer system, and if so, same shall be deemed a violation of this chapter and subject to the penalties of § 50.99 hereof.
   (D)   Bills and notices relating to the conduct of the business of the city will be mailed to the customer at the address listed on the application unless a change of address has been filed in writing with the city.  The city shall not otherwise be responsible for the delivery of any bill or notice nor will the customer be excused from the payment of any bill or any performance required in said notice.
   (E)   (1)   Meters will be read once monthly between the fifteenth and twenty-fifth of each month.
      (2)   Bills for water and sewer service are due and payable at City Hall, or to any designated agent, on their date of issue.  The past due date shall be the fifteenth day after the date of issue. Bills will be dated and mailed on the first day of each month. A service fee of twenty dollars ($20) will be assessed for any check returned by the maker’s bank for any reason. If a customer’s personal check is returned by the maker’s bank for any reason three (3) times within a twelve (12) month period, the city will no longer accept such customer’s personal check; subsequent payments must be paid in cash, by certified or cashier’s check, by money order or by credit card.
      (3)   All bills not paid on or before the past due date shall be deemed delinquent, and shall be assessed a ten percent (10%) late penalty payment.  In addition, the city may serve a customer a written final notice of said delinquency.  The city will also serve notice that such customer is entitled, upon written request, to a hearing on the question of termination of service.  If a delinquent bill is not paid within ten days after the date of final notice, and if no hearing is requested, or if a hearing is requested and timely held, and such customer's delinquency is thereby established, the water supply to the customer may be discontinued without further notice; provided, however, if prior to discontinuance of service, there is delivered to the city, or to its employee empowered to discontinue service, a written certificate signed by a physician, a registered nurse, or a public health officer that, in the opinion of the certifier, discontinuance of service will aggravate an existing illness or infirmity on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until ten days elapse from the time of the city's receipt of said certification, whichever occurs first.
      (4)   If a deadline date falls on a Sunday or legal holiday, such deadline shall not expire until the next succeeding secular day.
   (F)   Where the water supply to the customer has been discontinued for non-payment of delinquent bills, a charge of thirty dollars ($30) will be made for reconnection of water service.  However the reconnection will not be made until after all delinquent bills and other charges, if any, owed by the customer to the city have been paid.
   (G)   All meters shall be installed, renewed, and maintained at the expense of the city except where commercial or industrial installations are required in accordance with § 50.18.  The city reserves the right to determine the size and type of meter used.
   (H)   Upon written request of any customer, the meter serving said customer may be tested by the city.  Such test will be made without charge to the customer if the meter fails to run within the approved range. A charge of twenty-five dollars ($25) will be made if the meter passes said test.
   (I)   Where a meter has ceased to register, or meter reading cannot be obtained, the quantity of water consumed will be based upon an average of the prior six months' consumption, considering the conditions of water service prevailing during the period in which the meter fails to register.
   (J)   The city shall make all reasonable efforts to eliminate interruption of service, and, when such interruptions occur, will endeavor to re-establish service with the shortest possible delay.  When the service is interrupted, all consumers affected by such interruption will be notified in advance whenever possible.
   (K)   The city shall in no event be held responsible for any claim made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruptions of the supply of water caused by the failure or breakage of machinery or stoppage for necessary repairs.  No person shall be entitled to damages nor for any portion of a payment refunded for any interruption of service which in the opinion of the city may be deemed necessary.
   (L)   Customers having boilers and or pressure vessels receiving a supply of water from the city must have a check valve on the water supply line and a vacuum valve on the steam line to prevent collapse in case water supply from the city is discontinued or interrupted for any reason, with or without notice.
   (M)   Piping on the premises of a customer must be so installed that connections are conveniently located with respect to the city lines and mains.  The customer shall provide a place for which is unobstructed and accessible at all times.  The customer shall furnish and maintain a cutoff valve on his side of the meter, and the city will furnish a like valve on its side of the meter.
   (N)   The customer's service lines shall be installed and maintained by the customer at his own expense in a safe and efficient manner and in accordance with the city's rules and regulations and with the regulations of the Department of Health.
   (O)   If any loss or damage to the property of the city or any accident or other injury to persons or property is caused by or results from the negligence or wrongful action of the customer, member or his household, his agent or employee, the cost of the necessary repairs or replacements shall be paid by the customer to the city, and any liability otherwise resulting shall be that of the customer.
   (P)   Each customer shall grant or convey, or shall cause to be granted or conveyed, to the city, a perpetual easement and right-of-way across any property owned or controlled by the customer whenever said easement or right-of-way is necessary for the city water/sewer facilities and lines so as to enable the city to furnish service to the customer.
   (Q)   (1)   Water for building or construction purposes will be furnished by meter measurement only after suitable deposit has been made.  The minimum deposit for a 3/4-inch meter shall be twenty-five dollars ($25), the minimum deposit for a 2-inch meter shall be five hundred dollars ($500). The rental amount shall be determined by the city based upon the size of the construction work contemplated.  All water for building or construction purposes, as set forth in the permit, must pass through one and the same meter.
      (2)   Water so supplied shall be discharged through a hose or pipe directly upon the material to be made wet or into a barrel or other container.  In no case shall water be discharged upon the ground or into or through a ditch or trench.  All use of water for any purpose or upon any premises not so stated or described in the application must be prevented by the applicant or water service may be discontinued to the applicant without notice.
   (R)   Special terms and conditions may be made where water is used by the city or community for public purposes such as fire extinguishment, public parks, and the like.
   (S)   (1)   The city will construct extensions to its water and sewer lines to points within its service area, but the city is not required to make any such installations unless the customer pays to the city the entire cost of the installation.
      (2)   All line extensions shall be evidenced by a contract signed by the city and the person advancing funds for said extension.
      (3)   No refund shall be made from any revenue received from any lines leading up to or beyond the particular line extension covered by contract.
      (4)   All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the city; such extension shall be the property of the city; and no other person shall have any right, title or interest therein.
   (T)   The city may refuse service to any person, not presently a customer, when in the opinion of the city the capacity of the facilities will not permit such service.
   (U)   No person, firm, company, or corporation, except those presently obtaining such service, outside the present corporate limits of the city, but whose property is contiguous to the city and otherwise eligible for annexation, is permitted to obtain water service from the city without being annexed to the city.
   (V)   These rules may be changed or amended.
   (W)   Complaints may be made to the manager of the system, whose decision may be appealed to the governing body of the city within ten days; otherwise, the manager's decision will be final.
   (X)   The city or its authorized agent may inspect the grease control equipment ("GCE") of any restaurant or food service establishment located within the city limits during regular business hours to determine if the GCE is functioning properly and is being properly maintained. Each restaurant and food service establishment shall maintain a record of the date(s) their GCE was serviced, with the name of the service provider. Said record shall include all service for the previous twelve months, and shall be provided to the city's agent upon demand. The city may require modifications to be made to the GCE if deemed necessary. The city may require additional cleaning if the GCE is of inadequate size or is not working properly. The city may require GCE to be installed if none is present. The penalty for failure to comply with any order of the city for modification, maintenance or installation of GCE or for failure to maintain a written record of GCE service shall be as set forth in Section 50.99(A).
(Ord. 1991-27, passed 12-12-91; Am. Ord. 2003-03, passed 5-20-03; Am. Ord. 2015-12, passed 2-1-16; Am. Ord. 2017-09, passed 6-26-17)  Penalty, see § 50.99