Chapter 13.05
WATER SYSTEM
Sections:
13.05.030 System development charge.
13.05.040 Metering, billing and payments.
13.05.050 Fire protection system connections.
13.05.060 Management regulations.
13.05.010 Rates.
The water rates for water consumption from the system of the city shall be established from time to time by resolution of the city council. [Ord. 632 § 1, 1985; Ord. 697 § 1, 1990; Code 2000 § 4.105.]
13.05.020 Connection charges.
Charges established from time to time by resolution of the city council shall be made prior to and for connections to the city water distribution system and water meter installation. [Ord. 697 § 1, 1990; Code 2000 § 4.110.]
13.05.030 System development charge.
(A) No connection shall be made or permitted to the city water distribution system without payment of a system development charge established from time to time by resolution of the city council.
(B) Any connections made or permitted without the city having first received payment of the system development charge shall be disconnected and service terminated immediately. The city manager is hereby authorized and directed to do all things necessary to effect such disconnection of service.
(C) The system development charge imposed above shall be in addition to all other fees, charges and costs of connection to the water distribution system. [Ord. 687 § 1, 1989; Ord. 697 § 1, 1990; Code 2000 § 4.115.]
13.05.040 Metering, billing and payments.
(A) An applicant for a new utility service connection shall pay to the city a nonrefundable account set-up fee which shall be first set and adjusted thereafter from time to time by resolution of the city council.
(B) Service to apartments and multiple-user structures shall be billed to the property owner(s) unless individual users are separately metered at the property owner(s)’ expense. Multiple-user structures that share a meter shall be charged based on the meter size and consumption rates for the multi-family class. Multiple-user structures that do not share a meter shall be charged based on the meter size and consumption rates for the single-family class.
(C) Each meter shall be read at least monthly by the city.
(D) All charges for water furnished by the city shall be due and payable to the city by the tenth day following the billing cycle. If payment is not received by the city by the due date, it shall be deemed delinquent and service to the affected structure may thereafter be discontinued, provided the city gives both the owner and occupant (if different) notice by first class mail (postage prepaid) that the services may be discontinued if payment is not received by the city by the date specified in that notice, and that if the owner and/or occupant believe discontinuance of the water service might be in error, that they have the right to contest said discontinuance as set out in subsection (E) of this section.
(E) Except in cases where there is an imminent threat to the public’s health, safety and welfare, prior to terminating water service an owner or occupant (if different) shall be given the opportunity to be heard before the city manager (or their designate) on why termination of water service would be illegal or otherwise improper consistent with the following procedures:
(1) In the event the person believes termination of water service would be illegal or otherwise improper, the person must, within three business days of receiving a notice of termination from the city, deliver a written notice to the offices of the manager with the following information:
(a) Customer’s name and address where termination of water service is to occur;
(b) Address and telephone number where customer can be reached; and
(c) A brief explanation why the customer believes water service should not be terminated.
(2) Within three business days of the receipt of the notice challenging termination of water service, the city manager shall set a time for a hearing on the customer’s notice informing the customer of said time in writing at the address given in the customer’s notice. At the time of the hearing, the city manager shall review the city’s files and afford the person an opportunity to explain why termination would be illegal or otherwise improper. The city manager shall then determine whether to terminate service, condition continuation of service or take such other actions as he/she deems, in their sound discretion, to be appropriate under the circumstances. The determination of the city manager shall be final.
(F) In the event a water service is disconnected for nonpayment of water charges or fees, water service shall not be reestablished until the full amount of all unpaid charges, fees, delinquency and interest (if any) fees are paid, including a disconnection fee and reconnection fee. Such disconnection and reconnection fees are to be set from time to time by resolution of the city council.
(G) No failure to read meters or bill customers shall operate to relieve the customer or property served from liability for payment of water charges at the established rates.
(H)(1) Whenever the city’s water consumption records indicate water use as measured at a particular meter is abnormal the city shall check the meter to ensure that it is functioning properly.
(2) If it is determined by the city that the increased water consumption may be due to a leak within the customer’s service line or otherwise on property that is under the control of the customer, they shall be notified of said issue in writing.
(3) Each customer is responsible, at the customer’s expense, to repair, maintain and/or replace the service line(s) and all parts of the water distribution system from the meter to and within the customer’s premises.
(I) Notwithstanding the foregoing provisions of this section, a “temporary water service connection” may be made to the city water distribution system without payment of an account setup fee by an applicant. For purposes of this subsection, a temporary water service connection means a connection for a period not to exceed 30 days. Not more than six temporary water service connections shall be made to a single premises within any one single calendar year.
(J) The city may refuse payment by personal check for water service and payment of any service, charges or fees billed with the water service if, during any six-month period, three or more payments by a personal check have been returned for lack of sufficient funds. If the city recorder elects to refuse further payment by personal check, then the city recorder shall notify the customer by registered mail that personal checks will not be accepted.
(K) Any customer who feels that his or her meter is not working properly may request that the city test the meter. If it is found that the meter is not working properly, then the city shall replace the meter.
(L) No water service connection shall be made until such time as the applicant for such service has paid all outstanding charges and fees imposed under this title and Chapter 8.05 CMC, if any, owing by the applicant for service provided at any structure, location or premises within the city of Cornelius.
(M)(1) Adjustments for the billing or billings for water consumption based upon a water loss resulting from a leak or leaks in any portion of the user’s water distribution system or plumbing on or within the user’s property may be made one time per calendar year.
(2) Prior to filing a request for a billing adjustment for water losses resulting from leaks in the user’s system or plumbing, the user shall:
(a) Cause all leaks to be repaired within 30 days of the date such leak(s) are discovered;
(b) File a written request for billing adjustment in which the cause of the water loss is described, and the repair or repairs made to the user’s system or plumbing.
(3) If it is determined by the city manager, or his or her designee, that a water loss has occurred by reason of a leak or leaks in the user’s system or plumbing, and the user has complied with the procedures set forth in subsection (M)(2) of this section, then an adjustment shall be calculated in accordance with the following criteria:
(a) The city manager, or his or her designee, shall determine the amount of water consumed by the user during the period of the water loss in excess of the amount of water used for the same period in the calendar year preceding the water loss. For purposes of calculating the water loss adjustment, it shall be deemed that the amount of water consumed in the same period of the preceding calendar year shall be the ordinary and normal water usage by the user. If no preceding year usage information is available, the system-wide average of 6,000 gallons per month is to be considered normal.
(b) The cost of water for the user’s ordinary and normal usage shall be deducted from the billing or billings for water consumed during the period of loss.
(c) During the loss period, the peaking charges for consumption are excused. The billing or billings to the user shall be adjusted in an amount based upon the utility charges in effect for the loss period.
(4) The adjustment allowance will be applied to the calculated water loss set as follows:
(a) Complete repairs [full or partial replacement of customer service line within 30 days]: 50 percent of excess.
(b) Toilet leaks [within 30 days]: 50 percent of excess.
(c) Irrigation systems [complete or partial repairs made on an underground irrigation system within 30 days]: 50 percent.
(5) All adjustments for water leaks will be applied to the user’s account. Any credit balances caused by said adjustment will be applied to future billings. No cash refunds will be issued, unless the account is closed and there are no anticipated future billings. [Ord. 832 § 1, 2002; Code 2000 § 4.120; Ord. 847 § 1, 2004; Ord. 896 § 1, 2007; Ord. 905 §§ 1, 2, 2008.]
13.05.050 Fire protection system connections.
(A) Connection to the city water distribution system may be permitted for a water line exclusively serving a fire protection system; provided, that an approved flow detector is installed on any water line servicing a building fire sprinkler system. Such water connections shall be exempt from the charges specified in CMC 13.05.020 and 13.05.030, except that an installation inspection fee established from time to time by resolution of the city council shall be charged.
(B) No connection shall be made or permitted to a water line exclusively serving a fire protection system without installation of a water meter and payment of the charges specified in CMC 13.05.020 and 13.05.030. [Ord. 700 § 1, 1990; Code 2000 § 4.121.]
13.05.060 Management regulations.
(A) No connection shall be made to the city’s distribution system except under city supervision.
(B) The city may refuse connection or service to any premises which is found by the city manager to be in violation of or not in compliance with the State Building Code or any ordinance, resolution, rule or regulation of the city relating to the use and occupancy of the premises or structures located on said premises.
(C) It shall be unlawful for any person, firm or corporation to in any manner tamper with the distribution lines or meters of the city, or to pipe around the same or otherwise divert water from the system except through approved outlets, and anyone convicted of a such a violation shall be fined a graduated fine for the first, second and third offense which shall be first set and adjusted thereafter from time to time by resolution of the city council.
(D) The applicant for water service shall keep the water meter and the access thereto free from all obstructions which impair the city’s ability to read, repair, maintain or replace the water meter for the applicant’s water service. If the applicant fails to remove any such obstructions within five days of the date of a written request from the city to do so, then the city is authorized to enter the premises and remove such obstructions. The city’s authorization to enter the premises for such purposes is a condition of providing water service to the premises. [Ord. 611, 1983; Ord. 631 § 1, 1985; Code 2000 § 4.125; Ord. 896 § 2, 2007.]