8-1E-1: TURNING ON WATER AFTER BEING TURNED OFF:
8-1E-2: CITY PERSONNEL TO TURN WATER ON OR OFF:
8-1E-3: SEPARATE CONNECTIONS REQUIRED:
8-1E-4: UNAUTHORIZED USERS:
8-1E-5: PERIOD FOR VISITORS:
8-1E-6: PIPE MAINTENANCE:
8-1E-7: SERVICE PIPE QUALITY:
8-1E-8: FAULTY EQUIPMENT PROHIBITED:
8-1E-9: WATER METERS:
8-1E-10: SPRINKLING VEHICLES:
8-1E-11: ACCESS BY DEPARTMENT:
8-1E-12: NONLIABILITY FOR DAMAGES:
8-1E-13: USE OF SYSTEM MANDATORY:
8-1E-14: UTILITY SERVICE LINES UNDER PAVED CITY STREETS:
8-1E-15: SUPPLY FOR MOTORS OR ENGINES PROHIBITED:
8-1E-16: SPRINKLER USE RESTRICTIONS:
8-1E-17: SCARCITY OF WATER:
8-1E-18: WASTE OF WATER:
8-1E-19: TAMPERING WITH SYSTEM PROHIBITED:
8-1E-20: INSTALLATION PERMITS:
8-1E-21: APPLICATION FOR INSTALLATION PERMIT:
8-1E-22: WATER LINE REPLACEMENT:
8-1E-23: PLUMBING REQUIREMENTS FOR PERMIT ISSUANCE:
8-1E-24: SERVICE DISCONTINUANCE REQUEST BY CUSTOMER:
8-1E-25: FIRE HYDRANTS:
8-1E-26: EXTENSIONS:
8-1E-27: WATER SERVICE TO USERS OUTSIDE CITY LIMITS:
8-1E-28: PENALTY:
8-1E-1: TURNING ON WATER AFTER BEING TURNED OFF:
It is unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used by other city personnel. Violation of this section shall be a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1991 Code § 13.08.120, as amended; amd. 2009 Code)
8-1E-2: CITY PERSONNEL TO TURN WATER ON OR OFF:
It is unlawful for any person, other than city personnel, to turn the water off or on at the city meter, other than in a case of an emergency. An "emergency" in this section is defined as threatening or damaging to life or property, and must be confirmed by the city manager and superintendent. Violation of this section shall be a class C misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1991 Code § 13.08.125, as amended; amd. 2009 Code)
8-1E-3: SEPARATE CONNECTIONS REQUIRED:
It is unlawful for two (2) or more families or services users to be supplied from the same service pipe, connection or water meter, unless special permission for such combination usage has been granted by the governing body and the premises served are owned by the same owner. In all such cases, a failure on the part of any one of the users to comply with the provisions of this chapter shall warrant a withholding of a supply of water through the service connections, by a disconnection therefrom, until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the city for all water services utilized on all such premises. Nothing in this chapter shall be deemed to preclude the power of the city to require separate pipes, connections or meters at a subsequent time. (1991 Code § 13.08.130, as amended)
8-1E-4: UNAUTHORIZED USERS:
It is unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises. (1991 Code § 13.08.170, as amended)
8-1E-5: PERIOD FOR VISITORS:
Individuals visiting the premises of an authorized user in a recreational vehicle, not including a mobile home, and continuing to live therein during the period of visitation, may receive water service from the service pipes or facilities of the host during the visitation period, which shall not exceed two (2) months. Continued use thereafter shall be deemed unauthorized and violative of the provisions of this article relating to separate connections and unauthorized use. (1991 Code § 13.08.180, as amended)
8-1E-6: PIPE MAINTENANCE:
All users of water services shall keep their service pipes and connections and other apparatus in good repair and protected from frost at their own expense. No person, except under the direction of the water superintendent or city engineer, shall be allowed to dig into the street for the purpose of laying, removing or repairing any service pipe. (1991 Code § 13.08.250, as amended)
8-1E-7: SERVICE PIPE QUALITY:
A. All service and other pipe used in conjunction with the water services of the city shall be of such material, quality and specifications as the governing body and/or city engineer may from time to time by resolution or ordinance provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water system and/or established by the city engineer, with city council approval. All work, alterations or extensions affecting water pipes shall be subject to the acceptance of the city engineer, and no connections with any watermains shall be made without first obtaining a permit therefor from the city recorder.
B. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the city engineer and the city council, and each shall be subject to such requirements relating to controls as may be imposed by them. (1991 Code § 13.08.260, as amended)
8-1E-8: FAULTY EQUIPMENT PROHIBITED:
It is unlawful for any water user to:
A. Waste water;
B. Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow;
C. Wastefully run water from hydrants, faucets or stops or through basins, water closets, urinals, sinks or other apparatus;
D. Use the water for purposes other than those for which he has applied, or to use water in violation of the rules and regulations for controlling the water supply. (1991 Code § 13.08.270, as amended)
8-1E-9: WATER METERS:
A. Required: All structures, dwelling units and establishments using water from the city system must have such number of water meters connected to their systems as are necessary in the judgment of the city engineer and superintendent to adequately measure use and determine water charges to the respective water users. Meters will be furnished by the city at the expense of the property owner at rates established from time to time by resolution or ordinance, but all meters shall be deemed to be and remain the property of the city. In the event of a dispute as to the number of meters necessary, the matter shall be heard and determined by the city council after due notice in writing to the parties involved. (1991 Code § 13.08.280, as amended; amd. 2009 Code)
B. Meter Readings: The superintendent shall cause meter readings to be taken regularly and shall advise the city recorder for the purpose of recording the necessary billings for water services.
C. Inspections: Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with by the customer.
D. Repairs: All damages or injury to the lines, meters or other materials of the city on or near the customer's premises caused by the act or neglect of the customer shall, in the discretion of the city, be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the city through its efforts to repair the damage to the lines, meters or to other equipment of the department, or collect such costs from the customer. (1991 Code § 13.08.280, as amended)
8-1E-10: SPRINKLING VEHICLES:
Vehicles for sprinkling shall be regulated and controlled by the water department, through the superintendent. (1991 Code § 13.08.290, as amended)
8-1E-11: ACCESS BY DEPARTMENT:
The water superintendent and his agents and/or the city engineer shall at all ordinary hours, have free access to any place supplied with water services from the municipal system for the purposes of examining the apparatus and ascertaining the amount of water service being used and the manner of its use. (1991 Code § 13.08.300, as amended)
8-1E-12: NONLIABILITY FOR DAMAGES:
The city shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause. This section shall not be construed to extend the liability of the city beyond that provided in the governmental immunity act. (1991 Code § 13.08.310, as amended)
8-1E-13: USE OF SYSTEM MANDATORY1:
It is unlawful for the owner or any other person occupying or having charge of any premises within the city limits, where the property line of such premises is situated within three hundred feet (300') of the city water system, to use or distribute water other than from the city culinary water system. It is the city's intent to provide for mandatory hookup to the municipal water system where the water is available and within three hundred feet (300') of any property line, which property has or shall have located on it, any building used for human occupancy. Said owner or any other person, as referred to herein, shall have a period of one year from the date the water system is available and within three hundred feet (300') of his/her/its property line, within which to complete connection to the water system for existing buildings; and shall connect to the water system when so available before occupancy for new buildings. Further, it is unlawful for a person to use or distribute water other than water from the city water system under the following circumstances:
A. If the water does not conform to the standards for culinary water imposed by the state department of health;
B. If the water is obtained from a well of less than one hundred feet (100') in depth or from any source which is subject to become contaminated, e.g., surface runoff water;
C. No operator of a trailer court, motel, apartment house or of other lodging places shall furnish water from other than the city water system to his patrons;
D. The provisions of this chapter and in particular, the provisions of this section, shall be construed so as to be applied consistently with and so to not be in conflict with the provisions of the subdivision ordinance applying specifically to subdivisions within three hundred feet (300') of a water main, and additionally requiring that all other subdivisions within the corporate boundaries of the city connect to the water system of the city. (1991 Code § 13.08.320, as amended)
8-1E-14: UTILITY SERVICE LINES UNDER PAVED CITY STREETS2:
On any paved city street, it shall be required to bore under the road for all utility service lines, which include, but are not limited to, culinary water, sewer, telephone, natural gas, electrical power and cable television. The city does not allow the pavement to be cut, then compacted and resurfaced for utility service lines. (1991 Code § 13.08.325, as amended)
8-1E-15: SUPPLY FOR MOTORS OR ENGINES PROHIBITED:
No water shall be supplied from the pipes of the municipal water system for the purpose of driving a motor, syphon, turbine or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose, except by special permission of the governing body. (1991 Code § 13.08.330, as amended)
8-1E-16: SPRINKLER USE RESTRICTIONS:
A. Regulation Authorized: It is unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinklers or outlets as will in the opinion of the governing body materially affect the pressure or supply of water in the municipal water system, or any part thereof, and the governing body may from time to time, by resolution or ordinance, specify combinations or numbers of outlets which may have such effect.
B. Notice Of Violation: The governing body shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such discontinued and advise that such continued usage constitutes a violation of this section. (1991 Code § 13.08.340, as amended)
8-1E-17: SCARCITY OF WATER:
In time of scarcity of water, whenever it shall in the judgment of the mayor and the governing body be necessary, the mayor shall by proclamation limit the use of water to such extent as may be necessary. It shall be unlawful for any person, his family, servants or agents, to violate any proclamation made by the mayor in pursuance to this section. (1991 Code § 13.08.350, as amended)
8-1E-18: WASTE OF WATER:
A. Prohibited: Users of water from the municipal water system shall not permit water to continue to run wastefully and without due efforts to conserve water. If, in the judgment of the water superintendent or of any of the officers of the city, a user of municipal water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent, or any officer, may refer the matter to the governing body.
B. Termination; Notice: The governing body may thereupon consider terminating the right of the individual to use culinary water. If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five (5) days prior to the meeting of the governing body at which termination of water service is to be considered. The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.
C. Hearing: A water user whose right to utilize municipal water is being reviewed shall have the opportunity to appear, with or without counsel, and present his reasons why his water service should not be discontinued.
D. Determination: After due hearing, the governing body may arrive at a determination. If the determination is to discontinue the wasteful water user's service connection, it shall notify him of the decision and of the period during which the service will remain discontinued. (1991 Code § 13.08.360, as amended)
8-1E-19: TAMPERING WITH SYSTEM PROHIBITED:
It is unlawful for anyone, other than the municipal employees and the city engineer, to tamper with any part of the municipal water system, including the meter and meter box. Meter boxes shall not be opened for the purpose of turning on or off the water, except by an authorized representative of the city, unless special permission is given by the city through its representatives to the customer to do so. Tampering with any part of the water system will be classified as a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (1991 Code § 13.08.370, as amended; amd. 2009 Code)
8-1E-20: INSTALLATION PERMITS:
It is unlawful for any person to lay, repair, alter or connect any water line to the municipal culinary water system without first having received a construction permit from the office of the city recorder, or from the city engineer. (1991 Code § 13.08.380, as amended)
8-1E-21: APPLICATION FOR INSTALLATION PERMIT:
A. Required: Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the municipal water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises, who shall describe the nature of the work to be done for which the application is made.
B. Determination For Granting Permit: The application shall be granted if the city engineer and superintendent determines that:
1. The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.
2. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the city, or that which would service the best interests of the city in his opinion.
3. All connections, alterations or installations shall be to the line and grade designated by the city engineer and superintendent.
C. Fees: Fees for permits or for inspection services shall be of such amounts as the governing body shall from time to time determine by resolution or ordinance. (1991 Code § 13.08.390, as amended)
8-1E-22: WATER LINE REPLACEMENT:
In the event that the city, in its sole discretion, determines that any water line of the city must be moved or replaced, the city shall bear that portion of the cost of such move or replacement which applies to main lines up to the water meter or property line of the customer. The cost of reconnecting such new line or lines from the house of the customer to his property line shall be borne by the customer. (1991 Code § 13.08.400, as amended)
8-1E-23: PLUMBING REQUIREMENTS FOR PERMIT ISSUANCE:
Permission to connect with the municipal water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the building and plumbing codes of the city. (1991 Code § 13.08.410, as amended)
8-1E-24: SERVICE DISCONTINUANCE REQUEST BY CUSTOMER:
Any customer desiring to discontinue service shall notify the municipal office in writing of such fact at least one week before the date when such service shall be discontinued. On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice. (1991 Code § 13.08.420, as amended)
8-1E-25: FIRE HYDRANTS:
Water for fire hydrants will be furnished free of charge by the city. Installation and repair on such hydrants shall be the expense of the city and shall be made under the direction of the city. All customers shall grant the city, upon demand, a right of way or easement to install and maintain such hydrants on their premises if the city concludes that hydrants shall be so installed for the protection of the residents. (1991 Code § 13.08.430, as amended)
8-1E-26: EXTENSIONS:
A. The cost of any extension of any culinary water mainline will be borne entirely by the individuals or entity in which the service will be provided to. On any paved street it shall be required to bore under the road for all utility service lines, which include, but are not limited to, culinary water, sewer, telephone, natural gas, electrical power, and cable television. The city does not allow the pavement to be cut, then compacted and resurfaced for utility lines.
B. On any extension ("extension" means when an individual or entity requests to connect onto the existing culinary water main line, and continue to add additional footage to the culinary water system) they shall be required to extend the culinary water main line the entire frontage of the lot or the entire frontage of the subdivision. All extensions will be completed in accordance to city specifications. (1991 Code § 13.08.440, as amended)
8-1E-27: WATER SERVICE TO USERS OUTSIDE CITY LIMITS:
A. Authority: Subject to state statute, which authorizes the sale and delivery of the surplus product or service capacity of the waterworks, not required by the city or its inhabitants, to others beyond the limits of the city, the city may furnish water service from its water system to persons outside the city in accordance with the provisions of the water ordinance and state statute.
B. Application: Any person or entity located outside the municipal limits who desires to be supplied with water services from the municipal water system and is willing to pay in advance the whole expense of extending the water system to his property, including the cost of extending any water main beyond its present location, may make application to the governing body by petition containing:
1. A description of the proposed extension;
2. A map showing the location thereof;
3. An offer to pay the whole expense incurred by the city in providing such extension and to advance such expense as shall be verified by the city engineer. The governing body and the person seeking such extension may enter into an agreement providing in detail the terms under which the city will provide the water service;
4. An acknowledgment, in writing, that the city, in granting the petition, need supply only such water to the petitioner which from time to time the governing body deems beyond the requirements of water users within the municipal limits, and that such extension shall be the property of and subject to the control of the city;
5. The procedure for having the work done will be the same as in section 8-1E-26 of this article;
6. Effective March 1, 1992, the governing body will not sell water to any new user or customer outside the city limits, if it is possible that the user or customer could annex the property into the city limits where the water will ultimately be used. (1991 Code § 13.08.450, as amended)
8-1E-28: PENALTY:
Unless otherwise provided, the violation of any part of this chapter shall constitute a class B misdemeanor, and each day such violation continues shall be deemed a separate offense and, upon conviction for violation, such offender shall be subject to penalty as provided in section 1-4-1 of this code. (1991 Code § 13.08.460, as amended; amd. 2009 Code)
Footnotes
Footnote 1: See also subsection 4-7-3B of this code, subsection 8-3-2D of this title, and subsections 11-5-7C1 and 11-5-7D of this code for 300 foot connection requirements.
Footnote 2: See also section 7-4-12 of this code and subsection 8-3-8C1 of this title.