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Sample Water Ordinance
WATER ORDINANCE
GENERAL PROVISIONS
01.01 USE OF WATER SERVICE; TURNING WATER ON AND OFF.
No person other than a city employee shall uncover, or make, or use any water
service installation connected to the city water system except in the manner
provided by this ordinance. No person shall make or use any installation
contrary to the regulatory provisions of this chapter. No person, expect as
authorized by the Public Works Director, shall turn on or off any water supply
at the curb stop box.
01.02 DAMAGE TO THE WATER SYSTEM
No unauthorized person shall remove or damage any structure, appurtenance, or
part of the water system or fill or partially fill any excavation or move any
gate valve used in the water system.
01.03 CONNECTION TO SYSTEM REQUIRED; USE OF PRIVATE WELLS
(A) Except where municipal water is not available, it shall be unlawful to
construct, reconstruct, or repair any private water system which is designed or
intended to provide water for human consumption. Private wells, to provide water
for other than human consumption. may be constructed, maintained and continued
in use after connection is made to the water system: provided, there is no means
of cross-connection between the private well and municipal water supply at any
time. Hose bibs that will enable the cross-connection of the two systems are
prohibited on internal piping of the well system supply. Where both private and
city systems are in use, outside hose bibs shall not be installed on both
systems.
(B) All new homes or buildings shall connect to the municipal water system if
water is available to the property. At the time as municipal water becomes
available to existing homes or buildings, a direct connection shall be made to
the public system within a period of time as determined by the City Council. If
the connection is not made pursuant to this ordinance, a charge shall be made in
an amount established by Council.
(C) Where new homes or building do not have water available to the property,
the city shall determine whether and under what conditions the municipal water
system will be extended to serve the property.
(D) If the well is not to be used after the time a municipal water connection
is made:
(1) The well pump and tank
shall be disconnected from all internal piping:
(2) Within 30 days after the municipal water connection is
made, the owner or occupant must advise the City Public Works Director that
the well has been sealed.
(3) Notwithstanding the foregoing, all well abandonment shall be done in
accordance with M.S.§ § 1031.301 to 1031.345 and Minn. Rules Ch. 4725,
Wells and Borings, as it may be amended from time to time.
01.04 USE OF WATER FROM FIRE HYDRANTS; TEMPORARY CONNECTIONS.
Use of fire hydrants.
Except for extinguishing of fires, no person,
unless authorized by the Public Works Director, shall operate fire hydrants or
interfere in any way with the water system without first obtaining permission to
do so from the city.
(1) The user shall relinquish the use of the hydrant
to authorized city employees in emergency situations.
(2) The user shall pay a charge as established by Council.
01.05 WATER DEFICIENCY, SHUT OFF AND USE RESTRICTIONS.
The city shall not be liable for any deficiency or failure in the supply of
water to consumers, whether occasioned by shutting the water off for the purpose
of making repairs or connections or from any other cause whatsoever. In case of
fire, or alarm of fire, or in making repairs of construction of new works, water
may be shut off without notice at any time and kept off as long as necessary. In
addition, the City Council shall have the right to impose reasonable
restrictions on the use of the city water system in emergency situations. Water
service may be discontinued for non-payment of charges according to the
procedures established in sec. 01.19.
WATER REGULATIONS
01.06 SUPPLY FROM ONE SERVICE
No more than one consumer shall be supplied from one service connection
except by permission of City Council. Each unit served shall have a separate
water meter, except by permission of City Council.
01.07 TAPPING OF MAINS RESTRICTED
No person, except persons authorized by the City Council, shall tap any
distributing main or pipe of the water supply system or insert stopcocks or
ferrules therein.
01.08 REPAIR
(A) Determination
of need for repairs. Based on the information supplied by the property owner
or available to the city, the city will make a determination whether a problem
exists in that portion of the service which is the city’s responsibility. If
the problem appears to exist in the areas for which the city has no
responsibility, the private owners will be responsible for correction of the
problem
(B) Excavation or repair of water service.
(1) The city will arrange for the investigative digging up and repair of any
water service where the problem apparently exists within that area for which the
city has responsibility.
(2) Unless it is clearly evident, however, that the problem is the
responsibility of the city, excavation and repair will not be made until the
property owner requests the city to excavate or repair the service and agrees to
pay the cost.
(3) The owner further agrees to waive public hearing and be special assessed the
cost of the excavation and repair if the problem is found to be other than the
city’s responsibility. The city will make the determination for responsibility
of the cost of investigation or repair.
(4) The matter of whether the dig up is done by city forces or contracted would
depend on the urgency or need of repair and the availability of city forces to
do the work. Recovery by the city for faulty construction will depend upon the
circumstances and the decision of the City Attorney on the likelihood of
recovery.
(C) Failure to repair.
In the
case of failure upon the part of any consumer or owner to repair any leak
occurring in his or her service pipe within 24 hours after verbal or written
notice thereof, the water may be turned off by the city and shall not be turned
on until the leak has been repaired and a fee pursuant to section 01.14 has been
paid to the city.
01.09 DISCONNECTION
Permission must be obtained from the Public Works Director to disconnect from
the existing water service leads at the curb stop box. A fee, as set forth by
council, shall be charged to disconnect.
01.10 EXCAVATION
(A) No excavation shall be made until permission for the
connection has been granted by the city.
(B) In case the installation is on a surfaced street, the
following shall apply: All backfill materials shall be mechanically compacted in
12-inch layers to the density of the adjacent material in the roadway area and
to the existing street grades in accordance with the Minnesota Department of
Transportation Standards. Complete surface restoration shall be made.
01.11 WATER CONNECTIONS; APPLICATIONS AND CHARGES
(A) Connection applications
(1) All applications for
service installations and for water service shall be made to the City Clerk. All
applications for service installations and water service shall be made by the
owner or agent of the property to be served and shall state the size and
location of service connection required. The applicant shall, at the time of
making the application, pay to the city the deposit required for the
installation of the service connection as hereinafter provided.
(2) The size of the water service
connections and meter shall be subject to approval of the City Public Works
Director.
(3) Water billing shall start at
the time of installation of the water meter, or in the event the meter is not
installed, seven days after completion of outside piping, and shall be
calculated upon the minimum monthly rate.
(B) Connection charges.
(1) Permission must be obtained to
connect to the existing water service leads at the curb stop box. The city shall
install or have installed all service connections from the water main to the
curb box including the stop box. Payment for service connections must be made
before the work is started.
(2) Additional charges shall be
paid at the time of making application for tapping and making connections with
the water main to where a curb stop box and service lead were not previously
installed. The charge shall include the tapping of the water main, corporation
cocks, the installation of a curb stop box.
01.12 LOCATION OF CURB STOP BOX
Curb stop boxes will be installed on the right-of-way line or easement limits
at a location as determined by the Public Works Director to be best suitable to
the property and shall be left in a vertical position when backfilling is
completed. Curb stop boxes will be installed at an approximate depth of seven
feet below the finished ground elevation and the top of the curb stop box shall
be adjusted to be flush with the finished ground elevation. Curb stop boxes must
be firmly supported by a masonry block. No person shall erect any fence or plant
any tree or other landscaping that would obstruct the use of the curb stop box,
or cause damage to the same. The Public Works Department will, without charge,
locate boxes and adjust them to any change in grade.
01.13 WATER METERS
(A) Generally.
Except for
extinguishments of fires, no person, unless otherwise authorized by the City
Council or Public Works Department, shall use water from the water system or
permit water to be drawn from it unless the same be metered by passing through a
meter supplied or approved by the city. No person not authorized by the City
Council or Public Works Director shall connect, disconnect, take apart, or in
any manner change or cause to be changed or interfere with any meter or the
action thereof, or break any meter or valve seal.
(1) Where
a consumer has need for a larger line in addition to his or her domestic line,
as in the case of a commercial consumer who needs a one-inch line for normal use
and a six-inch or larger line for a fire sprinkler system, he or she will be
permitted to run one line into the premises and "Y" off into two lines
at the building. When this is done, the meter will be attached to the small or
domestic line and a check valve as well as one-inch detection meter shall be put
on the large line.
(2) The
city shall maintain and repair all meters when rendered unserviceable through
ordinary wear and tear and shall replace them if necessary. When replacement,
repair, or adjustment of any meter is rendered by the act, neglect (including
damage from freezing or hot water backup) or carelessness of the owner or
occupant of the premises. any expense caused the city thereby shall be charged
against and collected from the water consumer.
(3) All
water meters and remote readers shall be and remain the property of the city.
(5) Authorized
city employees shall have free access at reasonable hours of the day to all
parts of every building and premises connected with the water system for reading
and repair of meters, for the purpose of connecting and disconnection and for
inspections.
(6) It
shall be the responsibility of the consumer to notify the city to request a
final reading at the time of the customer’s billing change.
(B) Water meter setting.
All
water meters hereafter installed shall be in accordance with the Minnesota
Plumbing Code and any standards established by resolution of the City Council.
RATES AND CHARGES
01.14 RATES, FEES AND CHARGES GENERALLY.
The City Council shall establish a schedule of all water rates, deposits,
fees, penalties and charges for services. This schedule shall be adopted by
resolution and may be amended from time to time by the council.
01.15 WATER SERVICE BILLING; CHANGE OF ADDRESS.
All bills and notices shall be mailed or delivered to the address where
service is provided. If nonresident owners or agents desire personal notice sent
to a different address, they shall so note on the water service application. Any
change or error in address shall be promptly reported to the City Clerk
01.16 WATER RATES.
(A) In case a meter is found to
have stopped, or operating in a faulty manner, the amount of water used will be
estimated in accordance with the amount used previously in comparable periods of
the year.
(B) The minimum rates established
by council shall begin to accrue after connection of the service pipe with the
curb stop box.
(C) A meter shall be installed on
the water valve in the house and a remote register outside regardless of whether
inside piping is connected.
(D) In the event a water customer
elects to discontinue the use of the municipal water, the regular or minimum
charge shall continue until the date as service is disconnected at the curb box.
01.17 PAYMENT OF DEPOSITS, CHARGES; LATE PAYMENT; COLLECTION.
(A) A deposit shall be required
from all customers, responsible for payment of the utilities bill, who reside in
rental units or mobile homes. The amount of the deposit shall be determined by
the City Council and may be changed from time to time.
(B) For rental units, payment for
services and charges provided for municipal utilities shall be the primary
responsibility of the owner of the premises served and shall be billed to him
until such time as authorized by the owner and his tenant, and upon the receipt
of the above mentioned deposit. At that time the responsibility for payment
shall shift to the tenant.
(C) Any prepayment or overpayment
of charges may be retained by the city and applied on subsequent monthly
charges.
(D) If a monthly utilities charge
is not paid when due, then a penalty of 1.5% shall be added thereto. The
penalty shall be computed at 1.5% of the amount due and shall be
increased the same 1.5% for every month the bill is outstanding.
(E) In the event a user fails to pay
his or her utilities bill within a reasonable time following discontinuance of
service (a time period not to exceed 90 days), the fee shall be certified by the
City Clerk and assessed against the property on which the charges have incurred,
and forwarded to the County Auditor for collection.
ADMINISTRATION AND ENFORCEMENT
01.18 SUPERVISION BY PUBLIC WORKS DIRECTOR
All piping connections from the curb stop box to house supply piping shall be
made under the supervision of a licensed plumber subject to inspection by the
Public Works Director. The piping connection made to the curb stop box on the
house side shall be inspected by the Public Works Director. The water meter
installation shall be inspected.
DISCONTINUANCE OF SERVICE
01.19 (A) Generally. Water service may be shut off at any
connection whenever:
(1) The
owner or occupant of the premises served or any person working on any pipes or
equipment thereon which are connected with the water system has violated, or
threatens to violate, any of the provisions of this ordinance.
(2) Any
charge for water, service, meter, or any other financial obligations imposed on
the present or former owner or occupant served is unpaid after due notice and
opportunity for hearing as set forth in section 01.21 (B) of this ordinance.
(3) Fraud
or misrepresentation by the owner or occupant of the premises serviced in
connection with an application for service
(B)
Disconnection for late payment.
(1) It is
the policy of the city to discontinue utility service to customers by reason of
nonpayment of bills only after notice and a meaningful opportunity to be heard
on disputed bills. The city’s form for application for utility service and all
over due notices shall contain in addition to the address and telephone number
of the City Clerk who is in charge of billing, clearly visible and easily
readable provisions to the effect:
(a) That all bills are due and payable on or before the date set forth on the
bill;
(b) That if any bill is not paid by or before that date, the following bill will
be mailed and contain a cutoff notice stating that if the total amount owed is
not paid within ten days of the mailing of the second bill, service will be
disconnected for nonpayment; and
(c) That any customer disputing the correctness of his or her bill shall have a
right to a hearing at which time he or she may be represented in person and by
counsel or any other person of his or her choosing and may present orally or in
writing his or her complaint and contentious to the City Clerk in charge of
utility billing. The Clerk shall be authorized to order that the customer’s
service not be discontinued and shall have the authority to make a final
determination of the customer’s complaint.
(2) Requests for delays or waiver
of payment will be considered on a case by case basis. In the absence of payment
of the bill rendered or resort to the hearing procedure provided herein, service
will be discontinued at the time specified, but in no event until the charges
have been due and unpaid for a least 30 days.
(3) When it becomes necessary for
the city to discontinue utility service to a customer for nonpayment of bills,
service will be reinstated only after all bills for service then due have been
paid, along with fees for disconnection and re-connection as established by City
Council resolution.
(D) Cold weather rule.
Pursuant to M.S.§
216B.097, as it may be amended from time to time, no service of a residential
customer shall be disconnected if the disconnection affects the primary heat
source for the residential unit when the disconnection would occur during the
period between October 15 and April 15, the customer has declared inability to
pay on forms provided by the state, the household income of the customer is less
that 185% of the federal poverty level as documented by the customer to the
city, and the customer’s account is current for the billing period immediately
prior to October 15 or the customer has entered into a payment schedule and is
reasonably current with payments under the schedule.
01.20 PENALTIES
Any person violating any provisions of this ordinance shall be guilty of a
petty misdemeanor and shall become liable to the city for any expense, loss or
damage occasioned by the city by reason of the violation.
01.21 REPEAL
All ordinances of this City or any provisions thereof in conflict with this
ordinance are hereby repealed.
01.22 EFFECTIVE DATE
This ordinance shall be effective upon its passage and the publication
summary of its contents according to law.
Adopted by the City Council.
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