Section
51.01 Utility service - application required
51.02 Utility service not available to debtors
51.03 Termination of service
51.04 Customer disputes
51.05 Termination after customer disputes
51.06 Termination procedures
51.07 Provisions for termination of service
51.08 Service taps - extensions
51.09 Hookups fees
51.10 Extension of lines
51.11 Private lines
51.12 Responsibility of property owners
51.13 Excavation requirements
51.14 Liability of city
51.15 Right of entry
51.16 Damage, trespass of equipment
51.17 Unlawful use
51.18 Violations
51.19 Delinquent
51.20 Collection agency
51.21 Reconnection
51.22 Utility reconnection after past due utility account turned over to collection agency
51.23 Forfeit of deposit
51.24 Landlord responsibilities
(A) Any person or contractor desiring any utility service furnished by the city, including water or sewer service, shall make application for the same to the City Finance Officer. Such application shall contain the applicant’s name, address and the use for which each utility service is desired. A separate application shall be made for each premises to be served. In addition, the applicant shall pay to the city a deposit fee of $125 for property owners and $125 for renters. This fee will be retained by the city as a guarantee for payment of the water and sewer account should said account not be paid.
(B) The applicant shall abide by the rules and regulations established by the city relative to utility service in effect at the time of such application and as they may be revised from time to time.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
(A) The city shall have the right to disconnect or refuse to connect any municipal utility service for the following reasons:
(1) Failure to meet the applicable provisions of law;
(2) Violation of the rules and regulations pertaining to utility services;
(3) Non-payment of bills;
(4) Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise;
(5) Tampering with any meter, seal or other equipment controlling or regulating the supply of a utility service;
(6) Theft, diversion or use of service without payment therefor; and
(7) Vacancy of premises.
(B) The bill for the previous month’s service is past due if it has not been paid by the fifteenth of the month. A customer will have his or her municipal utility service terminated if not paid in full by the last day of the month. At any time before the date of termination, a customer may dispute the correctness of all or part of the amount shown on the utility bill or the determination that a violation of this section has occurred giving rise to termination hereunder. A customer shall not be entitled to dispute the correctness of all or a part of the amount shown on the municipal utility bill if all or a part of the amount shown was the subject of a previous dispute under this section.
(Ord. 237, passed 10-20-2008)
(A) The procedure for customer disputes shall be as follows.
(1) Before the date of termination, the customer shall notify the City Finance Officer, in writing, that the customer disputes all or a part of the amount shown on the municipal utility bill or the determination that a violation of this section has occurred giving grounds for termination stating, as completely as possible, the basis for the dispute.
(2) Within three business days after the receipt of the customer’s written notice, the Finance Officer shall arrange an informal meeting between the customer and the Finance Officer. Based upon the municipal utility’s records, the customer’s allegations and all other relevant materials available to the official, the Finance Officer shall attempt to resolve the dispute.
(3) Within five business days after the meeting, the Finance Officer shall mail to the customer a copy of the Finance Officer’s decision regarding the dispute and within five days of receipt of the notice, the customer may request, in writing, a formal hearing before the City Council. The formal hearing shall be held at the next regularly scheduled City Council meeting.
(4) At the hearing, the City Council and the customer shall be entitled to present all evidence that is relevant and material to the dispute, be represented by counsel and examine and cross-examine witnesses.
(5) Based upon the record established at the hearing, the City Council shall, within five business days of the completion of the hearing, issue its written decision formally resolving the dispute, which decision shall be final and binding upon the city and the customer.
(B) Utilization of this dispute procedure shall not relieve a customer of his or her obligation to timely and completely pay all other undisputed municipal utility charges and the undisputed portions of any amounts. Subject to the present dispute, failure to pay the undisputed municipal utility charge shall subject the customer to termination of utility services.
(Ord. 237, passed 10-20-2008)
(A) Until the date of the Finance Officer’s or the City Council’s decision, whichever is later, the city shall not terminate the utility service of the customer and shall not issue a notice of termination solely for non-payment of the disputed amounts.
(B) If it is determined that the customer must pay some or all of the disputed amounts, the city shall promptly mail to or personally serve upon the customer a notice of determination containing the following:
(1) Amount to be paid to the city as documented in the determination;
(2) The date upon which the utility service will be terminated which shall not be sooner than 15 days from the date of the decision of the City Finance Officer or the City Council as the case may be; and
(3) Notice that, unless the city receives complete payment of the amount shown prior to the date of termination, municipal utility service shall be terminated.
(Ord. 237, passed 10-20-2008)
(A) If, prior to the date of termination when the termination is for non-payment, the Finance Officer has not received complete payment of the amount shown on the notice of termination;
(B) The customer has not notified the Finance Officer that he or she disputes the correctness of all or part of the amount shown on the notice of termination; or
(C) If, prior to the date of termination for another violation of § 51.03, the customer has not notified the Finance Officer that he or she disputes the violation, then the city shall terminate municipal utility service provided to the customer on the date of termination.
(Ord. 237, passed 10-20-2008)
(A) The city shall terminate municipal utility service hereunder only during the hours of 8:00 a.m. to 5:00. p.m., Monday through Wednesday only, except no termination shall be permitted on a legal holiday.
(B) Municipal utility service shall be continued for a single 30-day period upon receipt of a physician’s certificate or notice from a public health or social service official that disconnection of municipal utility service will aggravate an existing medical emergency of the customer or another permanent resident of the customer’s premises.
(Ord. 237, passed 10-20-2008)
(A) Tapping of any water or sewer main for the purpose of making connection shall be done only by authorized personnel of the city or by an approved contractor authorized in writing to work within the city. Approved contractors must be fully insured, bonded and present proof of insurance/bonding to the City Finance Officer. Distribution or collection mains shall be provided, at the discretion of the City Council, in streets, avenues or alleys abutting the property to be served. Water facilities for hookups shall be provided to the curb line from the distribution or collection main unless otherwise specified by the City Council. Extension of distribution or collection mains shall be as specified in writing by the City Council.
(B) Any property owner may petition for a new hookup or connection to any city water line and city sewer line. The City Council, in its discretion, may allow such connection or hookup provided that the petitioning property owner pays the cost for said hookup or connection from the point it joins the city distribution or collection main for the total frontage to the petitioning property owner’s lot line.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
An initial hookup fee, as specified by the City Council reflecting costs incurred, but in no event less than $50 for water and $50 for sewer, shall be paid by all applicants for each new service connection. The applicant shall also pay all costs, including labor, piping, fixtures, digging and appurtenances necessary to produce the connections. All work shall be performed by a qualified plumber. Payment to the city for each water and sewer hookup shall be made prior to turning on such service. City personnel shall collect the hookup fee and notify city maintenance to contact applicant and advise when service will begin. City maintenance will take the first meter reading and give that meter reading to city personnel for billing purposes. All requests for hookups are required to notify the City Maintenance Department at least 24 hours in advance before the tap is to be made except in an emergency. All new connections for water and sewer service shall be inspected and approved by the Maintenance Superintendent.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
The city may serve a water or sewer customer outside the municipal corporate limits solely at the discretion of the City Council. Said water and sewer lines shall be constructed and maintained by the customer, with all parties connecting onto such lines being regulated and charged connection fees and other fees as set forth and regulated by the city.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
(A) Private water or sewer mains shall not be installed in the city unless authorized by the City Council.
(B) For the purpose of this section, the phrase PRIVATE WATER AND SEWER MAINS shall be construed to include any rural water pipelines, pipes or waterlines, or any individual sewage disposal systems.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
Persons served by city water and sewer shall keep all piping, fixtures, stop valves, heaters and other apparatus for the use of water or sewer (including meters) in good repair and protected from freezing. The property owner shall be responsible for and pay the charges for replacement of any corroded or damaged piping, fixtures, stop valves, heaters or other apparatus for the use of water or sewer, and for any charges for the repair or replacement of water meters, occasioned by the negligence of the property owner or user, or the freezing, overheating or other external damage to any water meters. The property owner and/or contractor shall place and maintain a brass stop inside the basement of any building where water is to be used at the lowest point practicable on the service pipe entering the building and as close as practicable to the wall through which the pipe enters, and easily accessible so that the water may be turned on or off by the user or occupant. Service connection repairs to the curb stop shall be the responsibility of the property owner.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
All excavations required for the installation of water and sewer facilities shall be open trench work or ditch, unless otherwise approved by the City Council. Before any excavation work is commenced, the contractor must present a current contractors license issued by the state together with proof of insurance and bonding to the City Finance Officer. City personnel shall be allowed to inspect the work at any stage of construction, and the applicant for the permit shall notify the Maintenance Superintendent when the work is ready for final inspection and before underground portions are covered.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
The city is not liable for any damage to the property of any customer for any water and sewer service furnished by the city due to backflow of the sewage system, failure of water supply, pressure of water supply, interruption of service or from any cause outside the direct control of the city.
(Ord. 237, passed 10-20-2008)
It shall be unlawful for any authorized person to open any water hydrant or tamper with any water or sewer service furnished by the city to customers, or to in any other way molest, damage or trespass upon any equipment or premises belonging to the city and used in connection with any such service.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
No unauthorized person shall connect, turn on, turn off or disconnect any water and sewer service provided by the city, or remove, replace or repair any equipment connected to any such service.
(Ord. 237, passed 10-20-2008) Penalty, see § 10.99
The city may, in its discretion, notify any person violating any provision of this chapter or Chapters 52 and 53 with written notice stating the nature of the violation and providing a reasonable time for the correction thereof, but such notice shall not be necessary for the prosecution of any violators hereof. Any person, whether receiving such notice or not, violating any provisions of this chapter or Chapters 52 and 53 shall be liable to the city for any expense, loss or damage, occasioned by the city by reason of such violation. All provisions of this chapter or Chapters 52 and 53 shall be subject to applicable state and federal law.
(Ord. 237, passed 10-20-2008)
Statutory reference:
Related provisions, see SDCL §§ 9-47 and 9-48
All fees and charges for utility services not received by the city prior to the close of business on the fifteenth day of the month shall be declared delinquent; a late charge of $25 will be incurred which must then be paid in addition to the fees and charges stated in the original billing statement. In the event the fifteenth day falls on a weekend or other holiday, the late charge will not accrue until the next succeeding business day.
(Ord. 2014-269-4, passed 8-25-2014)
Utility services, once disconnected, may be reconnected only by a city employee at the direction of the Finance Officer, or his or her designee. The Finance Officer, or his or her designee, shall order reconnection only upon payment of the full amount due (including late charge, if applicable), plus a new deposit if the existing deposit was applied toward the outstanding balance, plus a non-refundable reconnect charge of $50, plus tax; reconnect after hours fees of $75, plus tax (5:00 p.m. to 8:00 a.m.).
(Ord. 2014-269-4, passed 8-25-2014)
Any person seeking to reconnect any utility after the said utility account has been turned over to a collection agency may be reconnected only upon payment of said charges in § 51.21, plus the city’s costs incurred by the turn over to the collection agency.
(Ord. 2014-269-4, passed 8-25-2014)
(A) An owner of rental property, whether commercial or residential, is hereby held responsible for payment of any delinquent water, sewer or garbage charges that are not promptly paid by the owner’s tenant or tenants in accordance with § 51.03.
(B) This section applies to all rental property, whether commercial, single-family residential, apartment complexes, mobile home courts or other rental property. The owner shall be furnished with a copy of the notice of delinquency that is served upon the tenant and the owner shall have all rights afforded by § 51.03.
(Ord. 2019-291-1, passed 4-22-2019)