Chapter 13-04 WATER SERVICE SYSTEM

This chapter shall apply to the combined water and sewer system, or part thereof, which is operated and maintained by the city. (Ord. 2632 § 1 (part), 1990)

13-04-020 Definitions.

For the purposes of this chapter, the following terms and phrases shall have the meanings given herein:

“Fixture” means a sink, wash basin, stationary tub, toilet, bath tub, shower stall, water tap, drinking fountain, washing device, or other device or appliance through or in which water is consumed, except devices or appliances designed and intended solely for fire protection purposes.

“Potable water” means water from a public or private supply which is approved and accepted by proper and qualified authority as suitable for human consumption.

“Service pipe” means the water supply pipe extending from the water main to the water meter.

“Shut-off box” means a device located in a public area, usually the parkway of an abutting street, inserted in the water service pipeline between the water meter and the water main and used to turn on or shut off the flow of water from the water main to the water meter.

“Water main” means the pipes located in a street, road, alley or easement through which water is distributed to all service connections. (Ord. 2632 § 1 (part), 1990)

13-04-030 Supervision of water works.

The superintendent of water shall have general supervision over the water works system of the city comprising the wells, water mains, pumping stations, grounds, buildings and appurtenances thereto. (Ord. 2632 § 1 (part), 1990)

13-04-040 Permits—Applications—Fees.

A. All applications for permits as required by the provisions of this chapter shall be made to the superintendent of water or his designee, who shall issue same; provided, such applications conform to the provisions of this code.

B. No extension of any existing water main or construction of any water main shall be undertaken unless a proper permit, if applicable, has been secured from the Illinois Environmental Protection Agency, in addition to a city permit.

C. A fee as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, shall be applied to all permits which are taken out to cover the cost of filing. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-050 Inspections.

All inspections required to be made in regard to permits issued under Section 13-04-040 shall be made by the duly authorized representative of the superintendent of water. It shall be the duty of every person to perform the work in accordance with said permit and in full compliance with all other applicable rules and regulations and provisions of this code, and any work rejected by the plumbing inspector shall be immediately corrected prior to the water service being turned on. (Ord. 2632 § 1 (part), 1990)

13-04-060 Potable water.

The water distribution system for any building intended or used for human habitation or occupancy shall contain and be supplied by potable water only. For the purposes of this section, all such buildings shall be deemed to have only one such water distribution system. Every pump or hydrant used for providing a potable water supply shall be protected from surface water and contamination. (Ord. 2632 § 1 (part), 1990)

13-04-065 Use of groundwater as potable water.

A. Definitions.

“Person” is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns.

“Potable water” is any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes or preparing foods.

B. Use of Groundwater as a Potable Water Supply Prohibited. Except for such uses or methods in existence before the effective date of the ordinance codified in this section, the use of, or attempted use of, groundwater from within the corporate limits of the city of Harvey, as a potable water supply, by the installation or drilling of wells or by any other method, is hereby prohibited. This prohibition expressly includes the city of Harvey.

C. Penalties. Any person violating the provisions of this section shall be subject to a fine as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3195 §§ 1—3, 2007)

13-04-070 Resale of water.

No water shall be resold or distributed by the recipient thereof from the city water supply to any premises other than that for which the original sale has been made, as evidenced by meter installation; except as may be specifically authorized by the superintendent of water in cases of emergency use or as may be permitted by intergovernmental agreement. (Ord. 2632 § 1 (part), 1990)

13-04-080 Tampering forbidden.

It is unlawful for any person, firm or corporation, not specifically authorized by the city water department, to tamper with, injure, damage or alter any part of the city water works, supply system, or any water meter or water meter seal installed therein. Any person, firm or corporation alleged to have tampered with, injured, damaged or altered any part of the city water works, supply system, or any water meter or water meter seal installed herein shall have the right to an administrative hearing.

Offenses will incur a penalty as set forth in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 3378 § 1(B), 2019: Ord. 2632 § 1 (part), 1990)

13-04-090 Construction of mains and water pipes.

A. All extensions of water mains or construction of new water mains or service pipes shall not be undertaken unless the permit therefor has been issued pursuant to the requirements of Section 13-04-040.

B. All pipes connecting to the watermain at the parkway shall be “K” type copper pipes, unless otherwise approved by the superintendent of the water department. (Ord. 2632 § 1 (part), 1990)

13-04-100 Shut-off boxes.

Shut-off boxes shall be placed on every service pipe by the city and shall be subject to the specifications set forth in Title 15 of this code, “Buildings and Construction.” (Ord. 2632 § 1 (part), 1990)

13-04-110 Water meters.

A. No consumer shall be supplied with water from the city system until a meter with an outside reading device shall be set and ready for use, except in cases where it is impractical to so set a meter as a temporary measure. All meters used in connection with said water system shall be supplied and installed by the city and shall be and remain the property of the city.

The actual cost to the city of furnishing and installing a meter for commercial or business service, which is larger than the standard meter for a three-quarter (3/4) inch pipe service, shall be paid by the person ordering the same immediately upon the installation and before water is turned on. The actual cost of keeping such larger meter in repair shall be paid to the city by the person ordering same or by the owner or occupant of the premises as soon as the billing therefor is presented. All out-of-date meters not in compliance with today’s standards shall be updated and paid for by owner per the city of Harvey water ordinance, or risk termination of service. The person upon whose application any such larger meter is installed, or the occupant or owner of the premises where installed, shall be liable for any breakage by freezing or otherwise, or any loss or damage to said meter in any manner, and the cost of making good such damage or loss shall be paid to the city by the person upon whose application such meter was installed, or by the occupant or owner of the premises where installed, as soon as a bill therefor is presented, and the amount thereof shall be a lien against the premises in which such meter is located to the same extent and with the same effect as delinquent water charges.

Where more than one (1) meter is required to serve the customer’s premises said meters shall be furnished by the owner at his cost. Said meters shall be maintained by the city but at the sole cost and expense of said owner.

B. The water meter shall be installed in such a location that it is readily accessible for replacement and reading in the opinion of the superintendent of water or his duly authorized representative.

C. The water meter shall be installed in a saddle which will hold the pipes in position even without the meter in place. (Ord. 3392, 2020: Ord. 2632 § 1 (part), 1990)

13-04-120 Correction of water leaks.

It shall be the responsibility of the water customer to correct and repair all water leaks occurring from the shut-off box connection to the water meter, at his own expense, where the water department determines that such water leak warrants corrective action. (Ord. 2632 § 1 (part), 1990)

13-04-130 Fire hydrants.

A. No person, firm or corporation shall open or draw water from any city or other fire hydrant or plug, or interfere in any manner therewith, without the prior permission of the superintendent of water and fire chief, except in the case of a fire or similar emergency.

B. Any person, firm or corporation may be permitted by the superintendent of water and fire chief to make special connections with street water mains in order to obtain private hydrants and standpipes for use in the case of fire. No charge shall be made for such permit, or for water used for fire purposes, but all such work in connection with such fire system shall be done under the direction of the water department and fire chief. Such private facilities shall be maintained in good working order by the owner of the premises where they are located, and shall be readily available and open to inspections by the city at all times. (Ord. 2632 § 1 (part), 1990)

13-04-140 Excavations.

Excavations, and the backfilling thereof, shall conform to all applicable provisions of the this code. (Ord. 2632 § 1 (part), 1990)

13-04-150 Plumbing regulations.

A. All work performed under the provisions of this chapter shall also conform to the provisions of Title 15 of this code, and shall be performed by a licensed plumber or other qualified professional, as appropriate.

B. All new water services shall be metered and constructed in accordance with the applicable codes of the city. New services will include but are not limited to water service in new construction of all types.

C. Flushing of sanitary sewers with potable water shall be performed through the use of a high velocity type sewer jet.

D. 1. Flow Rates. In all new construction and in all repair and/or replacement of water using fixtures, only fixtures not exceeding the following flow rates and/or water usage shall be installed. These ratings are based on a pressure at the fixture of forty (40) to fifty (50) psi.

Water closets, tank type	3.5 gal. per flush
Water closets, flushometer type	3.0 gal. per flush
Urinals, tank type	3.0 gal. per flush
Urinals, flushometer type	3.0 gal. per flush
Shower heads	3.0 gal. per minute
Lavatory, sink faucets	3.0 gal. per minute

2. Lavatories for Public Use. In addition to the requirements in subdivision (D)(1) of this section, in all new construction and in all repair and/or replacement of fixtures, faucets of lavatories located in restrooms intended for public use shall be of metering or self closing type.

3. Car Wash Installation. In all new construction and replacement of fixtures, car wash installations shall be equipped with a recycling system on the wash water unit and the rinse cycle unit.

E. Air Conditioning Installation. In all new construction and remodeling involving installation of air conditioning, shall be of the closed system type. (Ord. 2632 § 1 (part), 1990)

Article II. Water Service

13-04-160 Requests for service.

Requests for water service shall be made to the water department, at which time all pertinent information will be taken and a time for water turn-on established.

A. The owner of all houses, buildings and properties used for human occupancy, employment, recreation or other purposes located within the city and abutting any street, alley or right-of-way in which there is now located a water main of the village, is required, at his own expense, to install a water service line and to connect or tap on to the water main of the city. The water service line shall be installed and connected to the plumbing facilities of the premises in accordance with the provisions of this chapter and the provisions of Title 15 of this code, within ninety (90) days after date of official notice to do so, provided that said water main of the city is within one hundred (100) feet of the property line upon which the premises are located.

B. Upon connection to the city water system, all wells shall be properly capped, sealed and disconnected from the domestic water supply.

C. Requests for water service shall be made to the water department, at which time all pertinent information will be taken and a time for water turn-on established. (Ord. 2632 § 1 (part), 1990)

13-04-170 New service connections.

A. 1. No service pipes shall be installed or connected to the water mains of the city system without a permit for each such installation or connection. Application for such permit shall be made to the building department and shall be signed by the owner or tenant of the premises involved, and by the plumbing contractor by whom the work is to be performed. Such applications shall be made on forms furnished by the city and shall state the size and location of the tap and shut-off box required, the size and composition of the service pipe to be used, a description of the property to be served, and the location upon said property of the service pipe and water meter to be installed therein.

2. If the building department shall find that the application conforms to the provisions of this chapter, and upon the receipt of a fee as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, it shall issue a permit for such work.

B. All work shall conform to specifications set forth in Title 15 of this code, including the size and composition of the service pipe and related fittings, and the manner of laying same.

C. All excavations in connection with the installation of service pipe shall be performed in accordance with the standards and requirements of the applicable provisions of this code.

D. Before commencing the installation of any service pipe hereunder, the contractor, or owner or tenant of the premises, shall notify the building department at least twenty-four (24) hours in advance of commencing such work.

E. No excavation performed in connection with such work shall be backfilled before the installation has been inspected and approved by the building department. At such time of inspection the completed service pipe, water meter and related fittings shall be subjected to a pressure test at city pressure; each such installation shall sustain the existing city pressure for a period of not less than fifteen (15) minutes without leakage before being approved.

F. Upon satisfactory completion of the inspection and testing of such work, and upon satisfactory backfilling of all excavations made in connection with such work, the building department shall notify the water department that the water service system is satisfactory.

G. The filing of an application for a permit pursuant to subsection (A) of this section shall be deemed consent by the owner or tenant of the premises involved to entry upon such premises by employees of the water department for the purpose of making such inspection. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-180 Tapping mains.

A. 1. Where new service pipes require the tapping of water mains and the installation of shut-off boxes, it shall be the responsibility of the person obtaining water service, at his own expense, to provide proper excavating to the water main, to backfill same, and to restore the street area to its original condition, including repaving where necessary.

2. It shall be the responsibility of the person obtaining service to make such tap-ons, install the shut-off box, and furnish all materials regarding same. Such work will be made subject to inspection by the water department.

3. All work shall conform to specifications set forth in Title 15 of this code.

B. The applicant for a permit pursuant to this chapter shall also, as a condition prerequisite to the issuance of a permit for connection to the water facilities of the city, pay a connection charge and a local facilities charge as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-190 Repair and replacement.

All repairs and replacements of service pipes from the shut-off box to the building shall be made by and at the expense of the owner of the premises served, and shall require full compliance with all the regulations and requirements of this code, including permits. The city may, in case of emergency, repair any service pipes; and if this is done, the cost of such repair work shall be repaid to the city by the owner of the premises served. However, the city shall be responsible for the repair of service pipes from the tap to the shut-off box. (Ord. 2632 § 1 (part), 1990)

13-04-200 Terminating service.

A. Water service may be terminated where any person, firm or corporation violates any ordinance, rule or regulation of plumbing requirements. Termination of service shall occur in accordance with the procedures set forth in Section 13-04-280.

B. The foregoing shall be in addition to general penalties which may be imposed for violations of this chapter. (Ord. 2632 § 1 (part), 1990)

Article III. Water Rates, Billing and Collection

13-04-205 Water, sewer and refuse bill of rights.

There shall be established a water, sewer and refuse bill of rights. The water, sewer and refuse bill of rights shall be as follows:

A. The city of Harvey shall provide you with a clear and complete explanation of all items on your bill.

B. The city of Harvey may refer you to programs that may be able to assist you with paying your water and sewer bill.

C. The city of Harvey shall provide you with a written notice of pending disconnection of service for nonpayment prior to disconnection of service. The notice of pending disconnection shall be issued by certified or registered mail no sooner than thirty (30) days after nonpayment. The notice of pending disconnection shall be issued in compliance with Section 13-04-280 of this code.

D. The city of Harvey shall not disconnect service for nonpayment on any Saturday or Sunday or any holiday observed by the city, unless the city is open to accept payment and restore service on those days.

E. The city of Harvey shall not disconnect service for nonpayment when the National Weather Service for Harvey has issued a freeze warning or excessive heat warning as of eight a.m. on the day of the scheduled disconnection.

F. The city of Harvey shall not disconnect your service for nonpayment for a period of thirty (30) days when you provide a written notice from a medical doctor licensed to practice in the state of Illinois certifying that disconnection of service would create a life-threatening situation for you or another permanent resident of your household.

G. The city of Harvey shall not disconnect service for nonpayment because a former occupant, not of the same household, failed to pay a prior bill.

H. The city of Harvey shall allow you to designate another person to receive all information regarding your service including notices regarding past due bills and disconnection of service.

I. The city of Harvey shall restore your service by the following day after making the required payments when your services have been disconnected for nonpayment.

J. The city of Harvey shall issue a credit, in the amount of twenty-five (25) percent of the current waste disposal rate, to all households with a current zero balance, if there is an interruption in trash pickup due to the city of Harvey’s failure to pay for waste disposal services. (Ord. 3378 § 1(A), 2019)

13-04-210 Rates and billing.

Rates and charges for water supplied to consumers and users of said water works and water supply system shall be billed monthly, bimonthly or quarterly in accordance with the application of the user and shall be payable upon being mailed. The owner of the real estate, the occupant thereof or the user of the water service, shall be jointly and severally liable for the water supplied to such premises and this service is furnished to the premises by the city solely upon the condition that the owner of the real estate, occupant and user of the water service are jointly and severally liable therefor to the city. All bills for water supplied shall be payable within fifteen (15) days after mailing thereof. If payment of the full amount of the bill is not made within that period, then a penalty as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, shall be added thereto. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-220 Deposit.

A. No water and sewer service shall be provided to any applicant for water service without payment of a deposit of the sum of money as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, as security for payment of any such bills:

B. Said deposit shall remain with the department until said service has been discontinued and all bills due the city shall have been paid. Upon the failure of the user to pay any accrued charges, the amount placed on deposit or the amount due and owing (whichever is less) shall be forfeited after the department has given a five-day notice in writing to the user. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-230 Construction meter deposit.

Whenever a construction meter is used in Harvey a deposit as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, shall be placed with the water department. Cost of water will be deducted from deposit and the balance returned to depositor upon return of meter. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-240 Schedule of rates.

All water supplied to customers and users thereof, upon, along and from the waterworks or water supply system for all public and private purposes shall be supplied through meter only, and the water rates to be charged therefor shall be and are hereby fixed in accordance with the following schedule:

A. Residents of the City. Effective January 1, 1992, water rates shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

B. The rate to be charged nonresidents of the city shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, except where the city has executed binding intergovernmental agreements with other municipalities, in which case the rates established pursuant to said agreements shall be controlling.

1. The water rates to be charged to the Village of Hazel Crest shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

2. The water rates to be charged to the Village of Homewood shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

3. The water rates to be charged to the Village of Posen shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

4. The water rates to be charged to the Village of East Hazel Crest shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

5. The water rates to be charged to the Village of Phoenix shall be: Monthly Rate as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

6. The water rates to be charged to the Village of Dixmoor shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.

C. In the event that water is shut off for default in the payment of water charges, the user shall be charged a fee as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, for each meter used to have water turned on. This fee shall be in addition to any delinquent charges. (Ord. 3494 § 2(B), 2024; Ord. 2763A § 1, 1991; Ord. 2632 § 1 (part), 1990; Ord. 2606 §§ 1-6, 1989)

13-04-250 Fees for specialized water department services.

Fees for specialized water department services shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)

13-04-270 Delinquent bills.

In the event the charges for water supplied are not paid within thirty (30) days after issuance of the bill for which such water service has been supplied, such charges shall be deemed and are declared to be delinquent. (Ord. 2632 § 1 (part), 1990)

13-04-280 Shutting off water.

Immediately upon the delinquency of a statement for water charges, the superintendent of the water department or his designee shall notify the customer prior to termination of service. Said notice of termination shall include the proposed date of termination and a brief description of the procedure for challenging the termination, as set forth in this section.

A. The superintendent of the water department or his designee shall send notice to the customer prior to termination of service by certified or registered mail. Said notice of termination shall set forth the proposed date of termination and notify the customer that he has ten (10) days within which to challenge termination of service as being unjustified by written notice to the superintendent of the water department.

B. The superintendent of the water department, or his designee, upon receipt of a customer’s challenge to termination of service, shall schedule a hearing on the challenge. The superintendent or his designee shall hold the hearing and render a final decision thereon. The customer may be present at the hearing with counsel, may cross-examine witnesses, may offer witnesses and evidence, and may present defenses to the termination. All testimony shall be taken under oath.

C. In the event a decision to terminate service is rendered, the customer may appeal said decision to the superintendent based upon the record at the hearing and said superintendent shall render a decision thereon.

D. The superintendent shall have the power to terminate service after compliance with the provisions of this section.

E. The water shall not be turned on again until all arrearages, both as to water charges and sewer rentals, together with any respective penalties, shall have been paid or a schedule of payments shall have been approved by the superintendent, in his discretion. There shall be paid, prior to renewal of water service after disconnection by the superintendent for delinquency or at the request of the user, a charge to cover the cost of shutting off and turning on the water as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. For the purposes of this section a user is a person from the same family, located at the same address. In the event that the renewal of such water service is after the regular working hours of the water department or on a holiday or weekend, an additional fee as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements, shall be charged to cover the cost of overtime pay for city employees for turning on the water. No water service shall be restored without payment of all outstanding charges and penalties. (Ord. 3494 § 2(B), 2024; Ord. 3378 § 1(C), 2019; Ord. 2971 § 1, 1996; Ord. 2632 § 1 (part), 1990)

13-04-290 Lien on real estate.

A. Delinquent water charges or sewer charges shall be a lien on the premises, as provided by law. Whenever a statement for either water or sewer service remains unpaid sixty (60) days after it has been rendered and thereby has become delinquent, the superintendent of the water department may file with the Recorder of Deeds of Cook County (or with the Registrar of Titles of Cook County where the real estate in question is registered under the Torrens system) a notice of the lien claim. This notice shall contain the legal description of the premises served, the date on which the water or sewer charges became delinquent, the amount of the unpaid statement, including penalties and costs, and an assertion that the city claims a lien for this amount as well as for the amount of all charges subsequent to the period covered by this statement.

B. The failure of the superintendent of the water department to record or register such lien claim or to mail such notice to such owner, or the failure of such owner to receive such notice, shall not affect the right of the city to maintain a civil action for unpaid, delinquent water charges or sewer charges. (Ord. 2632 § 1 (part), 1990)

13-04-300 Foreclosure of lien.

A. Real estate subject to a lien for unpaid, delinquent water charges or sewer charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay such charges or rentals, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosures shall be made in equity in the name of the city.

B. The corporation counsel is authorized and directed to institute such proceedings, in the name of the city, in any court of competent jurisdiction, against any real estate as above provided and to seek recovery of all delinquent charges, costs and reasonable attorneys’ fees. (Ord. 2632 § 1 (part), 1990)

13-04-310 Duty to render bills.

It is made the duty of the superintendent of the water department to render bills for water supplied to consumers and users of the water works or water supply system and for all rates and charges in connection therewith and to collect all moneys due thereon. (Ord. 2632 § 1 (part), 1990)

13-04-320 Disposition of revenues.

All revenues and monies derived from the operation of the waterworks or water supply system shall be held by the superintendent of the water department and kept separate and apart from the sewerage funds and separate and apart from all other funds and all of said money without any deduction whatever, shall be deposited into the water fund not more than ten days after receipt of the same, or at more frequent intervals as may from time to time be directed by the council. (Ord. 2632 § 1 (part), 1990)

13-04-330 System of accounts.

The superintendent of water shall cause to be maintained a proper system of accounts and shall keep proper books, records and accounts in which complete and correct entries shall be made of all transactions relative to the waterworks or water supply system, and at regular and annual intervals he shall cause to be made an audit by an independent auditing concern of the books to show the receipts and disbursements of the waterworks or water supply system. (Ord. 2632 § 1 (part), 1990)

13-04-340 Inaccessible water meters.

A person, fine or corporation that receives water from the city shall allow city officials access to its inside water meter in order to determine the amount of water usage, at least annually. In the event that the inside water meter is not readily accessible, the customer shall be responsible for arranging to meet with city officials during normal business hours to provide access to the meter. In the alternative, a customer may, at his own expense and upon approval by the superintendent of the water department, locate the water meter at a convenient location outside the premises served. (Ord. 2632 § 1 (part), 1990)

Article IV. Water Conservation Regulations

13-04-350 Emergency conservation.

During any period of time when the overall demands upon the water supply system is so great as to endanger the public health, safety and welfare, the mayor is authorized to declare an emergency and to issue emergency water conservation regulations, limiting or prohibiting use of water from the water mains for the sprinkling, watering, or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or for any other purpose, published in regulations to be issued by the mayor. (Ord. 2632 § 1 (part), 1990)

13-04-360 Lawn sprinkling unlawful—Time period designation.

It is unlawful for any person, business or corporation to use water for the sprinkling or irrigation of lawns, gardens, trees or vegetation on any day of the week or weekends between the hours of seven a.m. to eight p.m. between May 15th and September 15th. (Ord. 2702 § 1 (part), 1991)

13-04-370 Temporary water usage bans—Authorization.

The city may further limit the times water may be used for outside purposes, including a complete ban on the use of water for such purposes, at such times as weather conditions or other emergency conditions make such action necessary. The superintendent of water shall have the authority to issue such a temporary ban for a period not to exceed ten days. A ban exceeding ten days may only be authorized by the city council. (Ord. 2702 § 1 (part), 1991)

13-04-380 Exceptions to regulations.

The city recognizes that certain exigent circumstances may arise that require the use of water not consistent with the ordinance codified in this article. Such exigent circumstances may include freshly installed sod or new home construction. If such exigent circumstances arise, the prospective water user may request authority to use water in contravention of the ordinance codified in this article by submitting a letter to the superintendent of water requesting a permit to do so. If circumstances are such that an exception is warranted, the superintendent of water may grant a permit allowing the applicant to use water in contravention of the ordinance codified in this article. No such permit issued by the superintendent of water granting an exception to the ordinance codified in this article shall exceed ten calendar days. Water use in contravention of the ordinance codified in this article which exceeds ten calendar days must be approved by the city council. (Ord. 2702 § 1 (part), 1991)

13-04-390 Applicability of regulations.

The ordinance codified in this article shall apply to any person, firm or corporation connected to the city water system even if such connection is outside the city limits of the city. (Ord. 2702 § 1 (part), 1991)

13-04-400 Violation of water conservation regulations—Penalty.

Any person, firm or corporation who violates any provision of the ordinance codified in this article or of any further provisions restricting the use of water for such purposes shall, upon conviction thereof, be fined as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. Each day a violation continues shall be deemed a separate and distinct offense. (Ord. 3494 § 2(B), 2024; Ord. 2702 § 1 (part), 1991)

Article V. Enforcement

13-04-410 Enforcement authority.

The superintendent of the water department, with the assistance of such other departments, officers and employees, as may be required, shall have the authority to enforce the provisions of this chapter and all regulations issued hereunder, including the discontinuance of water service in the event of a violation hereof. (Ord. 2632 § 1 (part), 1990)

13-04-420 Violations—Penalties.

Any person violating the provisions of those sections of this chapter pertaining to connection to the water system, maintenance of water meters, and tampering with or obstructions to the system shall, upon conviction thereof, be fined as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements. Each day a violation shall continue shall be deemed to be a separate and distinct offense. The corporation counsel, when so authorized by the city council, shall seek recovery in an action at equity or law or damages sustained to the water system by reason of such tampering. (Ord. 3494 § 2(B), 2024; Ord. 2632 § 1 (part), 1990)