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A. No city employee shall provide permanent water or sewer service to a newly constructed structure, or to a newly remodeled structure if a building permit was required for such remodeling, until such structure and the land on which it and/or its related parking, driveways, and landscaping are to be located comply fully with all specific project requirements, and all city ordinances, codes, and rules and regulations.
B. If a property owner or his or her representative requests permanent water and/or sewer service from the city but such service is withheld pursuant to subsection A of this section, then the city shall provide to the person requesting service a written statement of all of the city requirements, ordinances, codes, rules and regulations to which such structure and/or land is subject to but not in compliance with.
C. It shall be permissible for city employees to grant temporary water service for construction purposes only, and any such water service granted prior to full compliance, as required in subsection A of this section, shall be deemed to be temporary service, subject to termination as set forth herein.
D. Temporary water service, if granted, may be terminated by the city after three (3) days' prior written notice has been personally delivered or mailed by first class mail, postage prepaid, to the owner or to the owner's representative's last known address.
E. Receipt of temporary water and/or sewer service does not in any way entitle a structure to receive permanent water and/or sewer service.
F. If an owner of a structure or his or her representative permits individuals to occupy a structure prior to receipt of an occupancy permit from the Whitefish building department, then the city shall be entitled to withhold, or if granted shall be entitled to terminate, water and/or sewer service to such structure.
G. If, in the opinion of the city manager (or his or her designee), weather conditions or other factors prevent a structure from complying fully with all project requirements, ordinances, codes, and rules and regulations, then the city manager may, upon application by the owner or his or her representative, grant permanent water and/or sewer service to such structure, but only after written commitment by the owner or his or her representative to come into full compliance within a period of time satisfactory to the city manager. In such case, the city manager shall require from the owner or his or her representative a bond, letter of credit, or other cash deposit in the amount of one hundred fifty percent (150%) of the estimated cost to comply, and the city shall be entitled to draw upon such bond, letter of credit, or cash deposit and arrange for the structure to come into compliance if compliance has not occurred by the deadline approved by the city manager. (Ord. 03-23, 9-2-2003)