Chapter 15.04 WATER

A. The borough will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure and to avoid any shortage or interruption in delivery.

B. The borough will serve water at the pressure available and will reduce the pressure where necessary to protect the piping and, within reasonable limits, as satisfactory to the customer. Where pumping is required to serve a customer at too high an elevation to be served by gravity, the borough may, at its option, require the customer to provide a suitable pump as a condition of service. The installation shall be subject to approval by the public works director. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.010.]

15.04.015 Connection to borough water supply required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the borough or on borough property and abutting any street, alley or right-of-way in which there is now located or may be in the future located a public water supply of the borough is required at his expense to install facilities therein and to connect such facilities directly with the proper public water supply in accordance with the provisions of this chapter within 14 days after date of official notice to do so; provided, that the public water supply is within 200 feet of the property line. [Ord. 608 § 4, 1995.]

15.04.020 Water quality.

The borough will exercise reasonable diligence to supply safe and potable water at all times. [Ord. 217 § 5, 1968; prior code § 54.10.015.]

15.04.030 Borough property.

All water mains, valves, fittings, hydrants, and other appurtenances, except customer service lines, shall be the property of the borough. [Ord. 217 § 5, 1968; prior code § 54.10.020.]

15.04.040 Special contracts.

When the applicant’s requirements for water are unusual or large, or necessitate considerable special or reserve equipment or capacity, the borough reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, and the provisions of this chapter. This special contract shall be in writing and signed by the applicant and the assembly. [Ord. 217 § 5, 1968; prior code § 54.10.025.]

15.04.050 Resale of water.

Resale of water shall only be permitted under special contract, in writing, between the assembly and the person or party selling the water. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.030.]

15.04.060 Service preference.

In case of shortage of supply, the borough reserves the right to give preference in the matter of furnishing service to customers and interests of the borough from the standpoint of public health, safety, convenience or necessity. Water service to persons or entities not connected to the water utility shall be subject to the prior and superior rights of the customers connected to the water system. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.035.]

15.04.070 Application for service.

Each applicant for water service shall sign an application form provided by the borough giving date of application, location of premises, whether they have been served before, the date on which applicant desires to have service begin, the purpose for which service is to be used, the address for mailing or delivery of bills, the applicant’s address (owner, tenant, or agent), the class and size of service, and such other information as the borough may reasonably require. In signing the application, the customer agrees to abide by the borough code. The application is merely a written request for service and does not bind the borough to serve.

The borough may refuse to install new services between October 15th and April 1st due to frozen ground or “spring thaw” conditions that would adversely affect borough utilities and/or rights-of-way.

The borough may refuse to install new services where municipal water mains do not already exist. [Ord. 935 § 3, 2017; Ord. 432 § 5, 1982; Ord. 217 § 5, 1968; prior code § 54.10.040.]

15.04.080 Deposit required.

All customers requesting new water service shall be required to establish an account with the borough and make a deposit before service is rendered.

The deposit on the customer’s account will be refunded, less any amount due the borough for service, when the water service is discontinued.

15.04.090 Deposits – Terms.

At the time the deposit is given to the borough, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. The deposit will be returned to the customer, less any amount due the borough for service, when service to the customer is discontinued. The borough may, at its option, return the deposit without application, provided all bills have been paid promptly for 12 consecutive billing periods. [Ord. 935 § 3, 2017; Ord. 601 § 5, 1995; Ord. 278 § 5, 1973; prior code § 54.10.055.]

15.04.100 Deposits – Forfeiture.

If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that customer at the same or different premises until all outstanding bills due the borough have been paid and the cash deposit replaced. [Ord. 217 § 5, 1968; prior code § 54.10.060.]

15.04.110 Ownership of system and equipment – Service and maintenance.

The borough shall own, install, and maintain all water distribution services and installations; and maintenance and connections shall only be performed by authorized employees or agents of the borough. The customer shall own, install, and maintain the customer service line. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.065.]

15.04.120 Service connection charge.

A. At the time the applicant files for any service where no service previously existed, or if the applicant is filing for a change in service size or location, the applicant shall submit with their application a deposit in an amount, as estimated by the public works director, to cover the direct costs for installation from the water distribution main to the property line, including a new service connection charge, as determined by the borough in the current published water rate schedule.

The deposit must be made before a connection is made. Any additional cost over the estimated amount shall be billed to the property owner and any excess from the estimated amount shall be returned to the property owner.

B. The property owner is responsible for all costs for installation of a new service line or fire line from the water main to the property line.

C. Only the public works department personnel or its agents shall perform the installation of a new service line from the water distribution main to the property line. Installation of a new service line from the property line to the property owner’s structure shall be performed by the property owner or the property owner’s private contractor.

D. All water installations shall be made according to the Uniform Plumbing Code as adopted by the borough in Chapter 18.08 WMC, Plumbing Code, and the property owner shall obtain a permit from the borough’s building official prior to installation.

E. Upon completion of the new service line from the water distribution main to the property line, the public works department or its agents shall make the connection to the property owner’s service line at the property line. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.070.]

15.04.130 Size of service pipe – Changes.

A. The borough will furnish and install a service of such size and at such locations as the applicant requests, provided such requests are reasonable and that the minimum size of service pipe shall be three-quarters of an inch. The borough may refuse to install a service line which is undersized or oversized.

B. Permanent changes in the size of the service line requested by the customer shall be paid by the customer, based on the actual cost of labor, materials and equipment for installation, plus 15 percent overhead for making the change. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code §§ 54.10.075, 54.10.080.]

15.04.140 Length of service pipe.

A. Where the water distribution main is in a public right-of-way, the service valve will be placed at the right-of-way line nearest the property to be served.

B. Where the main is on an easement or publicly owned property other than designated rights-of-way, the service valve shall be installed to the boundary of the easement or public property nearest the property to be served. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.085.]

15.04.150 Joint service connections.

A. The borough may, at its option, serve two or more premises with one service connection. On new service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity not less than the combined capacity of individual service lines of the same size as the meters installed.

B. Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was intended shall not be permitted except under special considerations approved by the assembly. [Ord. 217 § 5, 1968; prior code § 54.10.090.]

15.04.160 Number of service connections on premises.

The owner of a single parcel of property may apply for and receive as many services as he and his tenants require, provided his application or applications meet the requirements stated in this chapter. [Ord. 935 § 3, 2017; Ord. 217 § 5, 1968; prior code § 54.10.095.]

15.04.165 Cross-connections.

No water service connection to any premises shall be installed or continued in use unless the water supply is protected by all necessary backflow prevention devices as required by the Uniform Plumbing Code as adopted by the borough in Chapter 18.08 WMC, Plumbing Code. Backflow prevention devices shall be installed on any premises where, in the judgment of the public works director, the nature and extent of the activities, or the materials used or stored on the premises, could present a hazard to the water supply in the event a cross-connection were to be made. All costs for purchase and installation of the backflow prevention device will be paid by the property owner and/or customer. Such devices shall be inspected annually, after it has been serviced for any reason, and immediately after it have been installed. A copy of the inspection report shall be provided to the borough. [Ord. 935 § 4, 2017.]

15.04.170 Standby fire protection service – Connections.

Standby fire protection service connections of two-inch size and larger will be installed only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered as having such provisions. The borough may require that a suitable detector check meter be installed in the standby fire protection service connections to which hose lines or hydrants are connected. [Ord. 217 § 5, 1968; prior code § 54.10.100.]

15.04.180 Standby fire protection service – Charges.

Charges for standby fire protection service will be as stated in the published water rate schedule. No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system. The customers shall pay the full cost of the standby fire protection service connection, any required detector check meters, and any required special water meter installed solely for the service to the standby connection. [Ord. 217 § 5, 1968; prior code § 54.10.105.]

15.04.190 Standby fire protection service – Violations of regulations.

If water is used from a standby pipe connection service in violation of these regulations, an estimate of the amount used will be computed by the borough. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates. [Ord. 217 § 5, 1968; prior code § 54.10.110.]

15.04.200 Other fire protection services.

A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and shall be metered. All water used through that service, regardless of its use, will be charged at the regular rates. [Ord. 217 § 5, 1968; prior code § 54.10.115.]

15.04.205 Meters – Where required.

Water meters shall be required for all services except:

A. Residential service to two or fewer units used solely for residential purposes, or any number of mobile homes; and

B. Fire protection service lines not used in any manner for unmetered domestic supply; and

C. Commercial/industrial properties where water is only used for restrooms, breakrooms, closed heating systems, and routine janitorial uses; and

D. Where the property was connected to municipal water prior to the passage date of the ordinance codified in this section, the property will continue to be billed at unmetered rates until such time as the municipality chooses to install a meter. [Ord. 829 § 1, 2008.]

15.04.208 Meter deposit required.

All customers requesting a water meter shall be required to deposit with the borough a water meter deposit.

15.04.210 Meters – Damage prevention.

The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the borough. If the meter or other facilities are damaged, the cost of making repairs shall be assessed to the customer. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service. [Ord. 217 § 5, 1968; prior code § 54.10.120.]

15.04.220 Meters – Control valve and stop.

A. Customers shall install a suitable control valve in the customer service line as close to the meter as possible, the operation of which will control the entire water supply to the premises served.

B. It is a violation of this chapter for the customer to operate or cause unauthorized operation of the meter stop or any other appurtenances on the service connection. [Ord. 217 § 5, 1968; prior code § 54.10.125.]

15.04.230 Meters – Ownership and maintenance.

The borough will own and maintain all water meters. The borough will not pay rent or any other charge for a meter or other water facilities, including housing and connections, located on a customer’s premises. [Ord. 217 § 5, 1968; prior code § 54.10.130.]

15.04.240 Meters – Installation.

Installation of water meters shall be performed only by authorized employees or agents of the borough. All meters shall be sealed by the borough at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents. [Ord. 217 § 5, 1968; prior code § 54.10.135.]

15.04.245 Meters – Submeters.

The utility shall install one meter for multiple-occupancy buildings owned by a single entity or individual. If the owner desires individual meters for each unit, the owners shall install meters at the owner’s expense, as well as read and bill the tenants at the owner’s cost. The utility shall have no interest or responsibility for the maintenance, upkeep, or reading of any submeters or any other facility on the customer line except as provided herein. [Ord. 935 § 6, 2017; Ord. 829 § 1, 2008.]

15.04.250 Meters – Size and type.

Applicant may request and receive any size meter regularly stocked or furnished by the borough, provided the request is reasonable; and further provided, that the meter is not greatly oversized or undersized, as determined by the public works director. The borough reserves the right to determine the type of meter to be installed. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.140.]

15.04.260 Meters – Location.

The property owner shall provide a place for installation of the meter that is acceptable to the water utility. The meter will be installed wherever the applicant desires within reason, but the location must be approved by the borough. The meter will not be located in driveways or other locations where drainage to the meter or its related parts may occur. The meter must be located in an area that is heated, dry, and accessible for repair and replacement of the meter by the water utility. A shutoff valve shall be installed by the property owner ahead of the meter yoke. The water utility may install a remote readout; a suitable place for the remote unit shall be provided by the owner and shall be satisfactory to the water utility. [Ord. 935 § 6, 2017; Ord. 829 § 1, 2008; Ord. 217 § 5, 1968; prior code § 54.10.145.]

15.04.270 Meters – Joint use services.

The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited; except under special contract, in writing, with the assembly. [Ord. 217 § 5, 1968; prior code § 54.10.150.]

15.04.280 Meters – Changes in size or location.

If, for any reason, a change in size of a meter and service is required, the installation will be accomplished on the basis of a new connection, and the customer’s application shall be amended. Meters or services moved for the convenience of the customer will be relocated only at the customer’s expense. [Ord. 217 § 5, 1968; prior code § 54.10.155.]

15.04.290 Water rates – Publication.

The water rates to be charged for size of service, including minimum charges, charges for water used over the specified minimum, charges for specified commercial users, and service connection charges, shall be published in separate schedules. These schedules, approved by the assembly by resolution, shall become a part of the established fees and rates schedule.

15.04.300 Notices to customer.

Notices from the district to the customer will normally be given in writing and either mailed or delivered to him at his last known address. Where conditions warrant, and in emergencies, the borough may notify customers either by telephone, social media or other generally acceptable means of communicating with a large group of residents. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.165.]

15.04.310 Notices from customer.

Notices from the customer to the borough may be given by the customer or his authorized representative in writing at the office of the borough or to an agent of the borough duly authorized to receive notices or complaints. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.170.]

15.04.320 Meter readings.

A. Meters will be read and customers billed on the basis of the meter reading to the nearest 1,000 gallons; that is, no charge will be made for amounts from one to 499 gallons, and the charge for amounts from 500 to 999 gallons will be for 1,000 gallons.

B. The borough will keep an accurate account on its books of all readings of meters; and such account, so kept, shall be offered at all times, places, and courts as prima facie evidence of the use of water service by the customer. [Ord. 217 § 5, 1968; prior code § 54.10.175.]

15.04.330 Flat rates.

Where meters have not been installed, nor rates set for meters, the customers shall be charged on the basis of the charges as set forth in schedules adopted pursuant to WMC 15.04.290. [Ord. 370 § 5, 1978; prior code § 54.10.180.]

15.04.340 Billing period.

Meters shall be read and bills shall be rendered monthly. [Ord. 217 § 5, 1968; prior code § 54.10.185.]

15.04.350 Bills – Proration of certain.

Opening or closing bills, or bills that for any other reason cover a period containing 10 percent more days or 10 percent less days than in the normal billing period, shall be prorated. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.190.]

15.04.360 Bills – Separate required – Exception.

All meters or services supplying a customer’s premises shall be billed separately, except that where the borough has, for operating purposes, installed two or more meters or services in place of one, the readings may be combined for billing. [Ord. 217 § 5, 1968; prior code § 54.10.195.]

15.04.363 Bills – Adjustments – Refunds.

No adjustments in customer’s monthly billing rate will be made, except upon the written request of the customer. The customer shall be responsible for notifying the borough of changes in their establishment which may require a change in monthly rate. Upon written request, a monthly billing rate shall be adjusted by the borough if good cause is shown for such an adjustment. If the customer’s rate is adjusted, refunds will only be made from the date the adjustment was requested in writing. [Ord. 483 § 4, 1985.]

15.04.370 Bills – Disputes.

When a customer disputes the correctness of a bill, he shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit shall warrant discontinuance of service, as provided under this chapter. [Ord. 217 § 5, 1968; prior code § 54.10.200.]

15.04.380 Bills – Payment by due date.

Each bill rendered shall become due on the twentieth day of each month. If the bill is not paid by that date, the account shall be considered delinquent and interest will be charged at the maximum rate allowable under AS 45.45.010 unless arrangements have been made with the assembly, in writing, that specify another due date. [Ord. 680 § 4, 2000; Ord. 217 § 5, 1968; prior code § 54.10.205.]

15.04.390 Bills – Delinquency notices.

A reminder of account delinquency shall be sent, at the discretion of the borough, to each delinquent account on or about 30 days after the account becomes delinquent. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.210.]

15.04.400 Bills – Turnoff notice for delinquencies.

On or about 40 days after an account becomes delinquent, a turnoff notice shall be sent to the customer. The notice shall state a date on which water will be turned off if the delinquent account is not paid in full prior thereto. [Ord. 217 § 5, 1968; prior code § 54.10.215.]

15.04.410 Service turnoff for delinquent accounts – Method.

On the turnoff date, the meter reader or other agent of the borough shall deliver a written notice to the customer stating that the water service is being turned off until all delinquent amounts have been paid. The meter reader or other agent of the borough shall immediately thereafter turn off the service. A delivery to any person residing at the address served by the meter shall be considered a delivery to the customer. If there is no person present at the address served, then the notice may be left on the premises stating that water service will be discontinued on the following morning. If delinquent bills are not paid by the following morning, the meter reader shall return to the premises, shut off the water service, and leave a notice that the water service has been turned off until all delinquent accounts have been paid. [Ord. 217 § 5, 1968; prior code § 54.10.220.]

15.04.420 Service turnoff for delinquent accounts – Charges.

In all instances where water has been turned off because of account delinquency, a minimum disconnect service charge shall be imposed; a minimum reconnect service charge shall be made for the restoration of service, in which case replacement of the cash deposit, as stated in this chapter, will be required.

15.04.430 Installment payments for delinquent accounts.

In cases of extreme hardship, the borough shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue account. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.230.]

15.04.440 Meter accuracy – Generally.

All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service which is known to have an error in registration in excess of five percent under conditions of normal operation. [Ord. 217 § 5, 1968; prior code § 54.10.235.]

15.04.450 Meter accuracy – Testing upon customer request.

A customer may, giving not less than seven days’ notice, request the borough to test the meter serving his premises. The borough will require the customer to deposit the testing fee. Such fee shall be listed in the water fee and rate schedule. The deposit will be returned to the customer if the test reveals the meter to over register more than five percent under conditions of normal operation. If the meter is operating satisfactorily or if the meter under registers more than five percent under the standard test conditions, the deposit shall be forfeited to the borough. Customers may, at their option, witness any meter tests which they request.

15.04.460 Meter accuracy – Testing upon borough request.

If, upon comparison of past water usage, it appears that a meter is not registering properly, the district may, at its option, test the meter and adjust the charges accordingly if the meter either overregisters or underregisters. No charge for meter testing will be made to the customer for the meter test under these conditions. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.245.]

15.04.470 Meter accuracy – Bill adjustment for inaccuracies.

A. When, upon test, a meter is found to be registering more than five percent fast under normal operating conditions, the borough will refund to the customer the full amount of the overcharge, based on corrected meter readings, for those billing periods that the meter was in use where good cause can be shown for the adjustment, and where the customer has notified the borough in writing of the need for the test. In no case shall refunds be made in excess of the applicable statute of limitations period.

B. When, upon test, a meter is found to be registering more than 10 percent slow, the borough may bill the customer for the amount of the undercharge, based upon corrected meter readings, for those billing periods that the meter was in use where good cause could be shown for the adjustment. In no case shall the customer be charged for a period in excess of the applicable statute of limitations period.

C. Nonregistering Meters. The borough will bill for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the comparison with the customer’s prior use during the same season of the previous year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions, or both. [Ord. 935 § 6, 2017; Ord. 829 § 1, 2008; Ord. 483 § 5, 1985; Ord. 217 § 5, 1968; prior code §§ 54.10.250, 54.10.255.]

15.04.480 Meter accuracy – Bills for nonregistering meters.

Repealed by Ord. 935. [Ord. 217 § 5, 1968; prior code § 54.10.260.]

15.04.490 Discontinuance of service – Upon customer request.

A. Each customer about to vacate any premises supplied with water service by the borough shall give the borough written notice of his intentions at least two days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises until the borough receives notice of such removal.

B. At the time specified by the customer that he expects to vacate the premises where service is supplied or that he desires to be discontinued, the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the proportionate share of the monthly minimum specified in the schedule applying to the size of service furnished. [Ord. 217 § 5, 1968; prior code § 54.10.265.]

15.04.495 Temporary discontinuance of service – Upon customer request.

Repealed by Ord. 829. [Ord. 432 § 6, 1982.]

15.04.500 Discontinuance of service – For nonpayment of bills.

A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures set forth in this chapter. [Ord. 217 § 5, 1968; prior code § 54.10.270.]

15.04.510 Discontinuance of service – For water waste.

Where water is wastefully or negligently used on a customer’s premises, the borough may discontinue service if such conditions are not corrected after due notice by the borough. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.275.]

15.04.520 Discontinuance of service – For detrimental service.

The borough may refuse to furnish water and may discontinue service to any premises where excessive demand by one customer will result in inadequate service to others. [Ord. 217 § 5, 1968; prior code § 54.10.280.]

15.04.530 Discontinuance of service – For fraud or abuse.

The borough will refuse or discontinue service to any premises where it is deemed necessary to protect the borough from fraud or abuse. Discontinuance of service from one or both of these causes will be made immediately upon receipt of knowledge by the borough that the condition or conditions exist. [Ord. 217 § 5, 1968; prior code § 54.10.285.]

15.04.540 Discontinuance of service – For noncompliance with regulations.

The borough may, upon five days’ notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of this chapter. [Ord. 217 § 5, 1968; prior code § 54.10.295.]

15.04.545 Turn-on and turn-off fee.

Except for the initial turn-on that occurs when a property is connected to the municipal water system for the first time, each customer or applicant for service shall pay all costs for turning on or turning off the water service to the property, whether the turn-on or turn-off is due to the customer’s or applicant’s request, nonpayment, interruption due to unsafe facilities, water waste, fraud, abuse, or noncompliance with any of the provisions of this chapter. The fee shall be computed at actual costs to the borough for labor, materials, and equipment, plus 15 percent overhead, with a minimum charge of $50.00, and the actual call-out labor cost, plus 15 percent for responses after business hours. [Ord. 961 § 3, 2019; Ord. 935 § 6, 2017; Ord. 851 § 1, 2011; Ord. 829 § 1, 2008.]

15.04.550 Unauthorized turning on or off of service.

A. It is a violation for any person, not specifically authorized to do so, to turn the water service on or to turn it off at the municipal valve.

B. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main, the meter removed, or other preventative measures put into place. The charges for instituting these measures shall be computed at actual cost to the borough plus 15 percent overhead, but not less than $50.00. These charges shall be billed to the offending customer and water shall not be furnished to the premises until such charges are paid and the borough has reasonable assurances that the violation will not recur, at which time the offending customer will be billed any costs associated with re-establishing service plus 15 percent overhead, but not less than $50.00, and the actual call-out labor cost, plus 15 percent for responses after business hours. [Ord. 961 § 3, 2019; Ord. 935 § 6, 2017; Ord. 829 § 1, 2008; Ord. 217 § 5, 1968; prior code § 54.10.290.]

15.04.560 Restoration of service.

Repealed by Ord. 829. [Ord. 217 § 5, 1968; prior code § 54.10.300.]

15.04.570 Unusual water demands.

A. When an abnormally large quantity of water is desired for filling a swimming pool, log pond, tank, or for other purposes, arrangements must be made with the utility prior to taking such water.

B. Permission to take water in unusual quantities will be given only if the borough facilities and other consumers are not inconvenienced.

C. Payment for such water will be in accordance with the regular schedule for water rates if service is through a meter or will be fixed by the assembly in the case of a nonmetered service. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.305.]

15.04.580 Access to premises for inspections.

The duly appointed employees of the borough, under the direction of the public works director, shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purpose of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The borough does not, however, assume the duty of inspecting the customer’s line, plumbing, and equipment, and shall not be responsible therefor. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.310.]

15.04.590 Nonliability of borough for damages – Customer responsibilities.

A. The borough shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing, or equipment, nor shall the borough be liable for loss or damage due to interruption of service or temporary changes in pressure.

B. The customer shall be present on site, and responsible for valves on his premises being turned off to protect their property, when water service is requested to be turned on. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.315.]

15.04.600 Equipment remains borough property – Access.

Borough equipment on the customer’s premises remains the property of the borough and may be repaired, replaced, or removed by the borough employees or agents at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace, or remove borough equipment, and the property owner must in no way interfere with its operation. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.320.]

15.04.610 Customer responsibility for damage to borough equipment.

The customer shall be liable for the full replacement cost of any damage to equipment owned by the borough which is caused by an act of the customer, his tenants, agents, employees, contractors, licensees, or permittees. Damage to equipment shall include but not be limited to breaking of seals and locks, tampering with meters, injury to meters, including but not limited to damage by hot water or steam, and damaged meter boxes, curb stops, meter stops, and other service appurtenances. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.325.]

15.04.620 Fire hydrant restrictions.

It is unlawful for any person or persons other than those designated and authorized by the borough to open any fire hydrant belonging to the borough, attempt to draw water from it, or in any manner damage or tamper with it. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and water is received through a fire hydrant, an auxiliary external valve will be provided to control the flow of water. [Ord. 935 § 6, 2017; Ord. 217 § 5, 1968; prior code § 54.10.330.]

15.04.630 Service connection charges.

All service connections to customers shall be charged at the actual cost of materials, equipment, and labor, plus 15 percent.

Any additional charges including service connection charges for services larger than those stated will be based on the actual cost of labor, materials and equipment for installation, plus 15 percent overhead.

15.04.640 Monthly water rates.

The assembly shall, by resolution, establish fees and rates for water. A public hearing shall be required on the resolution that establishes such fees and rates. [Ord. 1020 § 2, 2022; Ord. 935 § 7, 2017; Ord. 851 § 2, 2011; Ord. 834 § 4, 2009; Ord. 833 § 38, 2009; Ord. 829 § 1, 2008; Ord. 751 § 5, 2004; Ord. 716 § 5, 2002; Ord. 641 § 5, 1998; Ord. 566 § 5, 1990; Ord. 520 § 5, 1987; Ord. 507 § 5, 1986; Ord. 483 § 6, 1985; Ord. 477 § 6, 1985; Ord. 432 § 8, 1982; Ord. 370 § 5, 1978; prior code § 54.10.160(Schedule B).]

15.04.650 Water Shortage Management Plan.

The City and Borough of Wrangell Water Shortage Management Plan dated April 11, 2017, as the same may be amended from time to time, is adopted by reference and made a part of this chapter. All water customers of the city and borough must comply with the Water Shortage Management Plan. The Water Shortage Management Plan shall be enforced as provided in the Violations and Charges section of the plan. A paper copy or electronic copy of the Water Shortage Management Plan may be obtained upon request from the borough clerk. [Ord. 935 § 8, 2017.]

15.04.660 Penalty for violation.

Any person violating any provision of this chapter is guilty of an infraction and shall be punished by the fine established in the WMC 1.20.050 fine schedule if the offense is listed in that fine schedule or by a fine of up to $500.00 if the offense is not listed in the WMC 1.20.050 fine schedule. For violations of the Water Shortage Management Plan, the fine shall be assessed as a charge added to the customer’s water bill, as provided in the Violations and Charges section of the plan. [Ord. 935 § 8, 2017.]

For statutory provisions requiring state approval of plans for water supply systems, see AS 46.03.720(b); for provisions on certification of water supply operators, see AS 46.30.010 et seq.