Chapter 8.04
GENERAL PROVISIONS

Sections:

8.04.010    Short title.

8.04.020    Water system—Generally.

8.04.030    Sewer system—Generally.

8.04.040    Utility service divisions.

8.04.050    Water service—Pressure and service conditions acceptance required.

8.04.060    Tampering with district property.

8.04.070    Regulations interpretation—Ruling official.

8.04.080    Regulations interpretation—Rulings final.

8.04.090    Exceptions—Application.

8.04.100    Exceptions—Action by board.

8.04.110    Notices to customers—Method.

8.04.120    Notices from customers.

8.04.130    Violation—Service disconnection when.

8.04.010 Short title.

The ordinance codified in this title shall be known and may be cited as the “Estero Municipal Improvement District water and sewer utilities service ordinance.” (Ord. 126 § 1 (part), 2009)

8.04.020 Water system—Generally.

The district will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving and distributing water for public and private uses, including all parts of said system, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises and other water supply storage and distribution facilities and equipment. The delivery of water shall be made subject to any terms and conditions established by the board of directors of the district and in accordance with the Estero Municipal Improvement District Act. (Ord. 126 § 1 (part), 2009)

8.04.030 Sewer system—Generally.

The district will furnish a system, plant, works and undertaking used for and useful in the collection, treatment and disposal of sanitary sewerage and industrial waste for the public and private uses including all parts of said system, all appurtenances to it, and lands, easements, rights in land, contract rights, franchises and other system facilities and equipment. The use of sanitary sewerage utility service shall be made subject to any terms and conditions established by the board of directors of the district and in accordance with the Estero Municipal Improvement District Act. (Ord. 126 § 1 (part), 2009)

8.04.040 Utility service divisions.

There are established utility service divisions which shall be responsible for the administration, maintenance and operation of the water and sewer systems. (Ord. 126 § 1 (part), 2009)

8.04.050 Water service—Pressure and service conditions acceptance required.

All applicants for water service connections or water service shall be required to accept such conditions of pressure and service as are provided by the water distribution system at the location of the proposed service connection, and to hold the district harmless for any damages arising out of low pressure or high pressure conditions or interruptions in service. (Ord. 126 § 1 (part), 2009)

8.04.060 Tampering with district property.

No one except an employee or representative of the board shall, at any time, in any manner, operate the curb cocks or valves, main cocks, gates or main line valves or public fire hydrant or hydrant valves of the district’s water system; or interfere with meters or their connections, street mains or other parts of the water system; or in any way operate or tamper with sewer mains, sewer connections, lift stations and their controls, sewage treatment plant works or any other parts of the sanitary sewer collection and treatment plant works of the district. (Ord. 126 § 1 (part), 2009)

8.04.070 Regulations interpretation—Ruling official.

Questions relating to interpretation of the provisions of this title shall be referred to the district manager for ruling. (Ord. 126 § 1 (part), 2009)

8.04.080 Regulations interpretation—Rulings final.

All rulings of the district manager shall be final unless appealed in writing to the board within five days. When appealed, the board’s ruling shall be final. (Ord. 126 § 1 (part), 2009)

8.04.090 Exceptions—Application.

When any person by reason of special circumstances is of the opinion that any provision of this title is unjust or inequitable as applied to his premises, he may make written application to the board, stating the special circumstances, citing the provision complained of and requesting suspension or modification of that provision as applied to his premises. If such application is approved, the board may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application. (Ord. 126 § 1 (part), 2009)

8.04.100 Exceptions—Action by board.

The board may, on its own motion, find that, by reason of special circumstances, any provision of this title should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises. (Ord. 126 § 1 (part), 2009)

8.04.110 Notices to customers—Method.

Notices from the district to a customer will normally be given in writing, and either delivered or mailed to him at his last-known address.

Where conditions warrant and in emergencies, the district may resort to notification either by telephone or messenger. (Ord. 126 § 1 (part), 2009)

8.04.120 Notices from customers.

Notice from the customer to the district may be given by him or his authorized representative in writing:

A.    At the district’s operating office;

B.    To the district manager of the district; or

C.    To an officer or agency duly authorized by the board to receive notices or complaints. (Ord. 126 § 1 (part), 2009)

8.04.130 Violation—Service disconnection when.

For the failure of the customer to comply with all or any part of this title and any ordinance, resolution or order fixing rates and charges for water and sewer utility services of this district, as a penalty separate and additional to any other which may have been specifically fixed therefor, the customer’s service shall be discontinued and water shall not be supplied such customer until he has complied with the rule or regulation, rate or charge which he has violated. In the event that the owner/customer cannot immediately comply with the rule or regulation, service shall remain discontinued until he/she has satisfied the district that in the future he/she will comply with all the rules and regulations established by ordinance, resolution or order of the district and with all rates and charges of this district. (Ord. 126 § 1 (part), 2009)