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Wayne Overview
Wayne, Michigan Code of Ordinances
WAYNE, MICHIGAN CODE OF ORDINANCES
CERTIFICATION
DIRECTORY OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
TITLE TWO - Street and Sidewalk Areas
TITLE FOUR - Utilities
CHAPTER 1040 Water and Sewers
1040.01 DEFINITIONS.
1040.02 ENFORCEMENT.
1040.03 DRAWINGS, PLANS AND SPECIFICATIONS FOR WATER AND SEWER LINES; RESPONSIBILITIES OF ENGINEER AND WATER AND SEWER DEPARTMENT.
1040.04 SALE, LEASE OR USE OF FACILITIES; COMPLIANCE WITH CHAPTER REQUIRED.
1040.05 SEWER CONNECTION REQUIRED.
1040.06 DUMPING AND DISPOSING OF SEWAGE.
1040.07 DISCHARGE OF SURFACE DRAINAGE TO SANITARY SEWERS.
1040.08 INSPECTIONS.
1040.09 DISCHARGE OF HARMFUL MATTER INTO SEWERS; REMEDY OF CITY.
1040.10 CONTRACT BETWEEN CITY AND USERS. (REPEALED)
1040.11 TRANSFERS OF COMMON-SERVICE PREMISES; SEPARATE OWNERSHIP REQUIRED.
1040.12 PRIVATE SALES PROHIBITED.
1040.13 INJURING OR OBSTRUCTING FACILITIES.
1040.14 PRIVIES.
1040.15 TEMPORARY SERVICE.
1040.16 LIABILITY OF CITY.
1040.17 SALE OF ASSETS.
1040.18 SALES OUTSIDE CITY.
1040.19 NON-USE OF FACILITIES DUE TO CHANGE OF OWNERSHIP OR OCCUPANCY; NOTICE TO CITY REQUIRED.
1040.20 DISCONNECTION AND FINAL READINGS; NEW CUSTOMERS.
1040.21 VIOLATIONS; DISCONNECTION OF SERVICE. (REPEALED)
1040.22 WASTE PROHIBITED; LEAKS; OPERATION OF SHUT-OFF COCKS.
1040.23 FIRE HYDRANTS.
1040.24 EMERGENCY RESTRICTIONS.
1040.25 PERMITS AND CONNECTIONS.
1040.26 METERS.
1040.27 CROSS-CONNECTION RULES.
1040.28 PRIVATE FIRE SERVICE PROTECTION.
1040.29 WATER AND SEWAGE DISPOSAL RATES AND CHARGES.
1040.30 DELINQUENCY; COLLECTIONS; DISCONTINUANCE OF SERVICE.
1040.31 DELINQUENCY; SURCHARGES.
1040.32 OFFENSIVE SEWAGE; ADDITIONAL CHARGES, PRETREATMENT OR REFUSAL.
1040.33 COMMERCIAL AND INDUSTRIAL WASTE POLLUTANT STRENGTH SURCHARGE.
1040.34 COUNTY STANDARDS AND REGULATIONS.
1040.35 FREE SERVICE.
1040.36 PURPOSES OF RATES AND CHARGES; REVISION. (REPEALED)
1040.37 OPERATING YEAR.
1040.38 USE OF MONEYS; FUNDS.
1040.39 TRANSFER OF MONEYS; INVESTMENTS.
1040.45 STORMWATER MANAGEMENT.
1040.50 SHORT TITLE.
1040.51 STATEMENT OF PURPOSE.
1040.52 DEFINITIONS.
1040.53 APPLICABILITY.
1040.54 ENFORCEMENT, RESPONSIBILITY FOR ADMINISTRATION.
1040.55 MINIMUM STANDARDS.
1040.56 DISCHARGE PROHIBITIONS.
1040.57 RIGHT OF ENTRY.
1040.58 SUSPENSION OF STORM SEWER SYSTEM ACCESS.
1040.59 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
1040.60 REQUIREMENTS TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
1040.61 WATERCOURSE PROTECTION.
1040.62 NOTIFICATION OF SPILLS.
1040.63 ENFORCEMENT.
1040.64 APPEAL OF NOTICE OF VIOLATION.
1040.65 ENFORCEMENT MEASURES AFTER APPEAL.
1040.66 COST OF THE ABATEMENT OF THE VIOLATION.
1040.67 INJUNCTIVE RELIEF.
1040.68 VIOLATIONS DEEMED A PUBLIC NUISANCE.
1040.69 CRIMINAL PROSECUTION.
1040.70 REMEDIES NOT EXCLUSIVE.
1040.97 SEVERABILITY.
1040.98 CHAPTER A CONTRACT; VIOLATIONS AS BREACH; TERMINATION AND REINSTITUTION OF SERVICE; REMOVAL OF CURB BOX.
1040.99 PENALTY.
CHAPTER 1042 Industrial Wastewater Control
APPENDIX A NATIONAL CATEGORICAL PRETREATMENT STANDARDS
APPENDIX B SPECIFIC PHENOLIC COMPOUND LIMITS
APPENDIX C INTERIM DISCHARGE LIMITATIONS
CHAPTER 1044 Regulations for Fire Hydrants on Private Property
CHAPTER 1046 Electricity
CHAPTER 1048 Gas
CHAPTER 1050 Post-Construction Stormwater Management
TITLE SIX - Other Public Services
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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1040.18 SALES OUTSIDE CITY.
   Council may contract for selling and delivering water outside the corporate limits to an amount not to exceed twenty-five percent of that furnished by it within the corporate limits.
(Ord. 5. Passed 6-17-52.)
1040.19 NON-USE OF FACILITIES DUE TO CHANGE OF OWNERSHIP OR OCCUPANCY; NOTICE TO CITY REQUIRED.
   Whenever a customer ceases to use the facilities provided for in this chapter, through sale of the property or a change of tenancy or otherwise, such customer shall notify the City in writing of his or her termination of the use of such facilities. Failure of a customer to give such notice to the City shall cause the contract between the City and the customer to be continued, at the option of the City, and the customer may be held liable for all of the services provided or furnished the premises until such notice is properly given.
(Ord. 5. Passed 6-17-52.)
1040.20 DISCONNECTION AND FINAL READINGS; NEW CUSTOMERS.
   Whenever the Department of Water and Sewers receives notice of the termination of the use of the facilities provided for in this chapter it shall, forthwith, proceed to disconnect or shut off such facilities as may have been provided and make a final reading of any meter located upon the premises affected. However, if a new customer has obtained a permit for continuing the use of such facilities, the Department shall only make a final reading of any meter located upon the premises and the use of such facilities shall be continued under the new permit.
(Ord. 5. Passed 6-17-52.)
1040.21 VIOLATIONS; DISCONNECTION OF SERVICE. (REPEALED)
   (EDITOR'S NOTE: Section 1040.21 was repealed by Ordinance 1990-01, passed January 2, 1990.)
1040.22 WASTE PROHIBITED; LEAKS; OPERATION OF SHUT-OFF COCKS.
   (a)   All customers shall exercise due diligence to prevent the wastage of water in any portion of the system downstream of the curb box, and to this end they shall be charged with the immediate stopping of all leaks and the proper operation of all shut-off cocks included in their installations. At no time shall a customer allow a shut-off cock to remain open and unattended without good use being made thereof.
   (b)   The Superintendent of the Department of Water and Sewers shall have the authority to prevent such wastage by shutting off service to the premises, immediately in case of emergency, or when practicable, after forty-eight hours notice.
(Ord. 1990-01. Passed 1-2-90.)
1040.23 FIRE HYDRANTS.
   The Department of Water and Sewers shall compile and maintain a complete record of all fire hydrants in the City and shall install such additional hydrants or remove or change the location of hydrants as the Manager may direct. Further, the Superintendent shall at all times be responsible for the replacement, repair and operation of such hydrants.
(Ord. 1990-01. Passed 1-2-90.)
1040.24 EMERGENCY RESTRICTIONS.
   (a)   In the event an emergency is created due to the shortage of water, the City reserves the right to restrict the use of water from its mains to whatever measure deemed necessary by the Superintendent of the Department of Water and Sewers, in which event the Superintendent shall give notice of such restriction by publication, loudspeaker, handbills or mail distribution.
   (b)   No person shall violate any of the provisions of an emergency order issued by the Superintendent under subsection (a) hereof.
(Ord. 5. Passed 6-17-52.)
1040.25 PERMITS AND CONNECTIONS.
   (a)   Permit Required. No person shall make or change any installation which may affect the City water or sewer facilities, or tap into or use any such facilities, without first obtaining a permit therefor from the Department of Water and Sewers.
(Ord. 5. Passed 6-17-52.)
   (b)   Permit Application; Fee. Permits may be obtained by making written application therefor to the Department on forms provided by the City, upon payment of fees and charges as set forth in Chapter 210 of the Administration Code and upon approval of the Department.
(Ord. 1990-01. Passed 1-2-90.)
   (c)   Form Approval. The form of application for the permit and the form for the permit shall be submitted to the Manager for approval before being put into use and shall not be varied or changed thereafter without the Manager's approval.
   (d)   Water Taps. Maintenance and/or repair of a private water service line from the building to the water shutoff (curb box) which shall be located near the property or easement line shall be the responsibility of the property owner. The City shall not be responsible for the maintenance or repair of any private water service. The City shall be responsible for the water shutoff (curb box) and the service line between water shutoff and the main.
(Ord. 5. Passed 6-17-52; Ord. 2009-13. Passed 7-21-09; Ord. 2009-14. Passed 9-15-09.)
   (e)   Sewer Taps.
      (1)   Maintenance repair and/or cleaning of a private sewer service line from the building to the City main, including the service line connection at the City main shall be the sole responsibility of the property owner. The City shall not be responsible for the maintenance repair and/or cleaning of any private sewer service line regardless of front or rear yard location.
      (2)   In the event the City is required to repair or maintain a City main in the public easement, and the above-ground right-of-way is obstructed, the obstruction(s) shall be removed by the property owner with all cost being borne by the property owner. Failure to pay the costs shall result in said costs being collected by special assessment.
(Ord. 1993-09. Passed 4-20-93; Ord. 2009-13. Passed 7-21-09.)
   (f)   Prohibited Taps. The use of any water or sewer connection is hereby limited to the property for which a permit has been issued and the connection thereto by any other property owner, or his or her tenant, shall constitute a violation of this chapter by both the person having the connection directly to the City water and/or sewer lines and the person who makes and/or uses the extended connection.
(Ord. 5. Passed 6-17-52.)
   (g)   Standards. No permit for a tap, change, installation or connection to the sewer facilities shall be issued, unless and until there is a showing made to the Department that such tap, change, installation or connection does not introduce new inflow sources to the separate sanitary system, and does not result in the construction of new combined sewers, except for replacement of existing combined sewers where no prudent feasible alternative exists. Further, any new construction tributary to the combined sewer system shall be designed to minimize inflow contribution to the combined sewer system, and shall provide that any new sanitary waste water connection to a separate sanitary sewer shall not contain footing drain and/or roof drain connections. Such changes, installations or connections shall, in all other respects, conform to the requirements of the City sanitary sewer system operation and maintenance program heretofore or hereafter adopted pursuant to a Final Order of Abatement issued by the State Department of Natural Resources, Water Resources Commission, which document is available for public perusal and on file at the office of the City Clerk.
(Ord. 1989-05. Passed 5-2-89.)
   (h)   Minimum Size of Service. The minimum size of any tap into a water line hereafter made shall be three-quarters of an inch for single-family residences, and one inch for all others.
   (i)   Larger Connections; Inspection Fee. Connections to the sewer or water systems which are larger than two inches shall be made by the customer pursuant to standards and specifications promulgated by the Superintendent. In such cases an inspection fee shall be charged as set forth in Chapter 210 of the Administration Code.
(Ord. 1990-01. Passed 1-2-90.)
1040.26 METERS.
   (a)   New Construction or Installations. On all new construction or new installations, provision shall be made by the property owner, builder or plumbing contractor for outside register meters to be furnished by the City of such size as may be determined by the Department of Engineering and Building in accordance with the Plumbing Code of the City.
(Ord. 7-A-4. Passed 10-17-67.)
   (b)   Provision of Meters; Ownership. All water meters shall be provided by the City and one meter shall be provided for each tap to the City water line, on payment of charges as provided by Council, but all such meters shall remain the property of the Department of Water and Sewers and shall at all times be under its control.
   (c)   Location of Meters. All meters shall be set in an accessible location approved by and in a manner satisfactory to the Superintendent of the Department.
(Ord. 5. Passed 6-17-52.)
   (d)   Outside Meters. The installation of a meter in a meter pit is prohibited. Maintenance of existing meter pits shall be the responsibility of the property owner, which maintenance shall be performed in compliance with standards promulgated by the Superintendent.
(Ord. 1990-01. Passed 1-2-90.)
   (e)   Cost of Meter Pit. Subsection (e) was repealed by Ordinance 1990-01, passed January 2, 1990.)
   (f)   Meters to be Sealed. All meters and remote registers shall be sealed by the Department and no person except an authorized employee of the Department may break such seals. Penalty for the unauthorized breaking of the seal is set forth in Section 1040.98.
(Ord. 1990-01. Passed 1-2-90.)
   (g)   Maintenance of Meters. The expense of maintaining meters shall be borne by the Department, except that in cases where replacements, resealing, repairs and adjustments of a meter are made necessary by the act, negligence or carelessness of a customer, the expense to the Department caused thereby shall be charged and collected from the customer in the same manner as other charges provided in this chapter.
   (h)   Responsibility for Meters. The customer on whose premises a meter is installed shall be responsible for its care and protection from freezing, or from injury or interference by any person.
   (i)   Notice of Injury or Imperfection. In case of injury to a meter, or in case of its stoppage or imperfect operation, or the breaking of a seal, the customer shall give immediate notice to the Department.
   (j)   Change in Location of Meter. After a meter has been once installed, its location shall not be changed except by permit from the Department, in which event the cost thereof shall be borne by the customer.
   (k)   Reading of Meters. All meters required under this chapter shall be read by the Department at intervals designated by the Superintendent and bills to customers will be rendered in accordance with such readings and charges as provided in this chapter.
(Ord. 5. Passed 6-17-52.)
   (l)   Meter Failures. If any meter becomes faulty or fails to register, the customer will be charged at the average quarterly consumption rate as shown by the meter reading for the last four billings to such customer when the meter was accurately registering, provided that the customer has been using water for such period. Otherwise, such billing shall be based on the estimate made by the Department of Water and Sewers and adjusted when a full year's experience is had.
(Ord. 7-A-4. Passed 10-17-67.)
   (m)   Inaccessible Meters. In cases where the meter reader is unable to gain access to read a meter, a billing shall be made on the basis of consumption for the average of the last four billings to such customer and adjusted upon the billing made for the next time a reading is obtained. If more than two consecutive billings lapse without a reading, the Department shall notify the customer as to the date and time when a representative will be present to read the meter. If permanent arrangements, satisfactory to the Department, to read such meter are not made, the service shall be discontinued in the same manner as provided for nonpayment of bills.
(Ord. 1990-01. Passed 1-2-90.)
   (n)   Testing of Meters. All meters shall be carefully tested before they are installed and after their installation they shall be tested as frequently as the Department deems it advisable. The Department reserves the right to remove and test a meter at any time and to substitute meters either temporarily or permanently if it deems it to be advisable.
(Ord. 5. Passed 6-17-52.)
   (o)   Testing at Customer's Request. Should a customer, at any time, question the accuracy of a meter on his or her premises, the Department shall, upon the customer's written request, remove and test such meter. If the test shows that the meter has been over-registering more than two percent, an accurate meter shall be installed. Otherwise, the customer will be billed a service charge as provided for in Section 210.13(a) to cover the cost of testing meters up to two inches; for meters over two inches the actual cost of testing will be charged.
(Ord. 1990-01. Passed 1-2-90.)
   (p)   Bill Adjustments. If, at any time, upon the testing of a meter, it is found that such meter is over-registering or under-registering by more than two percent, an adjustment in billing shall be made in accordance with the provisions of this chapter for billing in the event of meter failures.
(Ord. 5. Passed 6-17-52.)
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