Chapter 13.10 UTILITIES, GENERAL PROVISIONS

For the purpose of this chapter, the word “utility” shall be construed to mean and include water and sewer and/or any other utility service furnished by the municipality to consumers thereof. [Prior code § 10-1-2]

13.10.030 Scope of provisions.

All pertinent provisions of this chapter are hereby made a part of the terms and conditions whereby the municipality shall make any utility connections, or perform any work of any kind in connection with the furnishing of any utility service pursuant to the rules and regulations of the board of trustees. [Prior code § 10-1-3]

13.10.040 Service to comply with technical provisions.

Any utility service furnished under the provisions of this chapter shall be in accordance with and in compliance with all applicable technical provisions of state law, this code, and municipal rules and regulations. [Prior code § 10-1-4]

13.10.050 Rules and regulations – Hearing – Public inspection.

The board of trustees shall have the authority to establish by rules or regulations such standards and specifications as may be deemed necessary for the installation, construction and maintenance of any utility service system owned and operated by the municipality and managed by the board of trustees. At least two copies of such rules, regulations, standards, and specifications shall be available for public inspection in the town clerk-treasurer’s office. [Prior code § 10-1-5]

13.10.060 Utility service – Application required.

A. Any person desiring any utility service furnished by the municipality shall make application for the same to the town clerk-treasurer. Such application shall contain the applicant’s name, address, and the uses for which such utility service is desired. Before any utility service shall be provided to an applicant therefor, such application shall be signed by the applicant and filed in the town clerk-treasurer’s office along with any required deposit.

B. The following agreement shall be included in the application for utility service, and shall be executed by the applicant:

In consideration of utility services to be given, the consumer agrees: to pay all applicable rates and charges; that the Town of Mesilla shall not be liable for damages or injury caused by escaping water or gas from the Town of Mesilla’s lines which come to the attention of the consumer.

[Prior code § 10-1-6]

13.10.070 Utilities extension.

A. A developer, or property owner, must pay the cost of utility line extension and receives prorated return of costs as others connect, if the new line passes, reaches or abuts property not connected.

The cost of a utility line extension will be prorated on the basis of the gross land area to be served at the highest density that the projected or actual zoning will allow. When any additional connection is made, this prorated cost shall be reimbursed through the town to the developer, or property owner, who made the extension.

Extensions which are considered for reimbursement shall include off-site utilities, major trunk lines, and lines where no service connections will be made.

Conditions of the extension shall be in the form of an extension agreement approved by resolution of the town board of trustees. The town may add administrative charges.

B. The cost of installing a utility line larger than that required by the developer will be shared by the town and the developer. The developer will be responsible for the cost of a six-inch water line and a six-inch sewer line.

Where the developer agrees to install the oversize line, town participation is limited to the difference in cost of material between the six-inch water or sewer line and the oversize line. The developer may use installer contract for the installation of the oversize line, the town must go out to bid for the construction.

When the cost of oversizing is $5,000 or greater, the town may prorate the costs of connection fees as outlined in subsection (A) of this section for the purpose of recovering town funds. [Ord. 92-12 § 1; prior code § 10-1-7]

13.10.080 Application for utility services – Ground for denial – Notice – Hearing.

The municipality may deny utility service if:

A. The person to be served has not tendered the amount of money required for the expense of construction, if construction is necessary for furnishing the utilities; or

B. The person requesting service has not tendered the required deposit specified in MTC 13.10.060(A).

C. The town clerk-treasurer shall within 10 working days:

1. Notify the applicant as to how soon the utility service will be provided, or

2. Notify the applicant in writing of the ground for the denial of the utility service requested.

D. Any person who has been denied utility services shall have the right to a hearing before the board of trustees.

E. Approval of an application for any utility services by the board of trustees shall be deemed permission for such service. [Prior code § 10-1-8]

13.10.090 Termination of utility service – Notice – Hearing.

A. The municipality shall have the right to disconnect or refuse to connect any utility service for any of the following reasons:

1. Failure to meet the applicable provisions of law;

2. Violation of the rules and regulations pertaining to utility services;

3. Nonpayment of utility service bills within 25 days from the date the payment is due;

4. Willful or negligent waste of service due to violations of applicable law and municipal rules and regulations;

5. Molesting any meter, seal, or other equipment controlling or regulating the supply or provision of utility service;

6. Theft or diversion and/or use of service without payment therefor; and

7. Vacancy of premises.

B. Any person whose utility service is to be terminated shall be so advised in writing by a notice of proposed utility services termination at least 10 days before the utility service is terminated. A penalty of 10 percent shall be assessed on the eleventh day on the delinquent amount not paid.

The notice of proposed utility services termination shall state:

1. Which utility service is to be terminated;

2. The grounds for termination of the utility service;

3. The specific grounds for termination; and

4. The provisions of subsection (C) of this section.

C. Charge for Service Discontinued.

1. Whenever service is discontinued, a charge of $10.00, plus tax, shall be added by the town to cover the cost of reconnecting service during normal town business hours.

2. No reconnections will be made after normal business hours, unless customer payment was received on or before the close of business hours. [Ord. 2006-15 § 1; Prior code § 10-1-9]

13.10.100 Municipal right to inspect utility services equipment.

For the purpose of examination in order to protect the municipal services from abusive use, any authorized inspector of the municipality shall have the right during reasonable hours to inspect municipal utility equipment of property which is on the premises supplied with any utility service. [Prior code § 10-1-10]

13.10.110 Limitation on municipal liability for damages.

A. The municipality shall not be liable for any damage to any customer of any utility service furnished by the municipality due to back-flow of the sewerage system, failure of supply, interruption of service or any other cause outside the direct control of the municipality.

B. In case of damage beyond the meter, that is, damage on the customer side of the utility connections, the municipality shall not be liable for damage unless the municipality is duly notified and a reasonable amount of time is allowed to correct such damage. [Prior code § 10-1-11]

13.10.120 Premises connected to municipal utility service – Assumption of use.

All premises connected to any utility service of the municipality shall be assumed to be using such utility service and the owner or occupant shall be charged therefor so long as such premises shall remain connected with the utility service. [Prior code § 10-1-12]

13.10.130 Misuse of utility services.

It shall be unlawful for any person having been granted any utility service offered by the municipality to use such utility service offered by the municipality for any purpose other than that for which the utility service was provided or to make any unauthorized changes in such service. [Prior code § 10-1-13]

13.10.140 Interference with municipal utility services equipment.

It shall be unlawful for any person not having authority to do so, to open any water hydrant or tamper with any utility service furnished by the municipality to customers, or to in any other way remove, replace, repair, tamper, damage, or trespass upon any equipment or premises belonging to the municipality, or any equipment or premises belonging to the municipality, or any premises to which the municipality has as easement or right-of-way for any utility service. [Prior code § 10-1-14]

13.10.150 Temporary interruption of utility service.

The municipality reserves the right to cut off any utility service without notice in case of emergencies. When an interruption in service is necessary for the maintenance and improvement of the utility system, affected customers shall be notified as circumstances permit. [Prior code § 10-1-15]

13.10.160 Restriction or prevention of use of utility services.

The municipality reserves the right to at any time restrict or prevent the use of any utility service furnished by the city during periods of emergency or circumstances demanding such restriction or prevention of use. [Prior code § 10-1-16]

13.10.170 Sale of service by customer.

It shall be unlawful for any person to resell to others any utility service obtained from the municipality except only by special arrangement with the board of trustees. [Prior code § 10-1-17]

13.10.180 Connections for utility service.

Connections for any utility service furnished by the municipality shall be made only under the supervision of the board of trustees. [Prior code § 10-1-18]

13.10.190 Separate connections required.

A. Each individual building, structure, dwelling unit and commercial unit served by the municipality shall have separate municipal-owned utility service connection.

“Building” or “structure” means any permanently constructed edifice designed for the habitation of humans or animals or for the shelter of property.

“Dwelling unit” means any self-contained area within a building or structure which is designed or used for habitation by a single individual, family, or household, such as an apartment unit.

“Commercial unit” means any self-contained area within a building or structure which is designed or used to conduct commercial activity by a single proprietor, corporation, or other business entity.

B. All consumers having in existence one municipal-owned utility service connection, installed during the time period from June, 1959, to December 20, 1983, serving multiple buildings, structures, dwelling units and/or commercial units shall be exempt from the provisions of MTC 13.10.180; provided, that the minimum charge as determined by the current rate schedule shall be levied for each individual building, structure, dwelling unit and/or commercial unit with water service. [Prior code § 10-1-19]

13.10.200 Unlawful connections.

It shall be unlawful for any person to make any connection in any manner to any utility system, whether owned by the municipality or not, without prior knowledge and consent of the owner of such utility system. [Prior code § 10-1-20]

13.10.210 Maintenance of system by consumer.

The consumer of any utility service furnished by the municipality shall maintain and keep in good repair all connections, appliances, and other apparatus installed and used in connection with such utility service. [Prior code § 10-1-21]

13.10.220 Sewer connections.

It is hereby expressly provided that it shall be unlawful for the owner or other person having charge of or occupying any property upon which a building shall have been or is being constructed for residential, commercial, or industrial use, any part of which building is within 300 feet of any street, alley, or way in which a public sewer is then in existence and used in the town, to construct or permit to be constructed or to use or permit to be used any privy, vault, septic tank or cesspool connected with such building. Each such owner or other person shall, within 20 days after having been given written notice by the town that an accepted public sewer is ready to receive connections therewith cause such building to be connected with said sewer (except that if such building shall not at the time such notice is given have therein any toilet or toilets, the owner or other person having charge thereof or occupying such building shall have a period of two years in which to connect it with such public sewer), and it shall thereafter be unlawful for such owner or other person to have the plumbing in such building remain unconnected to the public sewer or to maintain or use or cause or permit to exist any privy, vault, septic tank or cesspool to which said building is connected or which is used by the occupant thereof. [Prior code § 10-1-22]

13.10.230 Violations of this chapter – Penalty.

Violations of the provisions of this chapter shall be punishable by a fine not exceeding $300.00 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment. [Prior code § 10-1-23]