Chapter 4.15 WATER

The purpose of this chapter is to establish and provide requirements, regulations and procedures for the governing and administration of the Syracuse City water system. This chapter shall be known as and may be referred to as the Syracuse City water system ordinance. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-010.]

4.15.020 Public Works Department.

The Public Works Department shall have authority to operate and maintain the Syracuse City water system, hereinafter referred to as the “water system,” and to furnish water service to the residents of the City in accordance with the provisions of this chapter. To accomplish these purposes, the Public Works Department is empowered to employ persons, purchase and approve real property, acquire equipment and perform all other acts necessary or incidental to the accomplishing of the above-described purposes, subject to all applicable ordinances, resolutions, rules, regulations and policies of the City. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-020.]

4.15.030 Water Superintendent.

The Water Superintendent shall administer and enforce this chapter under the direction of the Public Works Director and the City Manager or designee and shall manage the City’s water system pursuant to the provisions of this chapter and all other applicable ordinances, rules, regulations and policies of the City. The Water Superintendent shall have such other duties and responsibilities as designated by the City Council. [Ord. 24-28 § 1; Ord. 12-07 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 4-03-030.]

4.15.040 Water system.

The water system constructed or otherwise acquired by the City to supply water is the property of the City and shall be under the sole and exclusive control and jurisdiction of the City. The City may enter into contracts with other governmental entities and/or wholesale water delivery providers for the purchase of water and may acquire water rights, water shares, etc., as it deems appropriate or desirable for the City’s water system. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-040.]

4.15.050 Rules and regulations.

The City Council may from time to time by resolution establish rules and regulations regarding the establishment, installation, operation, control and modification of the City water system in accordance with the provisions of this chapter. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-050.]

4.15.060 Duty to maintain.

The Public Works Department shall keep the water system in good repair. Any leaks, breaks or equipment failures of the City water system shall be promptly repaired in accordance with the provisions of this chapter. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-060.]

4.15.070 Authority to shut off.

The Public Works Department shall have the power and authority to temporarily discontinue water service to any area without notice, for the purpose of repairing and maintaining the water system. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-070.]

4.15.080 Duty to treat.

The Public Works Department shall treat or cause to be treated the water furnished to the water users hereunder using current water treatment methods such that the water shall conform to state and federal standards of purity and fitness for culinary use. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-080.]

4.15.090 Access for Water Superintendent.

As a condition of a person receiving water service from the City, the Water Superintendent and his or her authorized agents shall, at all reasonable hours and/or upon such notice as is reasonable under the circumstances, have free access to any place supplied with water service from the City’s water system for the purpose of examining the apparatus, the amounts of water used, the manner of use, and to make any and all necessary adjustments to said systems or shut off for vacancy, delinquency or violation of applicable ordinances, rules or regulations of the City. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-090.]

4.15.100 Liability.

Except as otherwise provided in the Utah Governmental Immunity Act, set forth in Section 63G-7, et seq., Utah Code Annotated 1953, as amended, the City shall not be liable or responsible for any loss, damage, or injury, direct or indirect, to a water user, the user’s family, guests, tenants, invitees, or any person, or the real or personal property of any person arising out of or caused by the City water system, or by the cessation or interruption of City water supply. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-100.]

4.15.110 Application for connection and/or service.

The record owner of property desiring to connect to and to receive service from the City water system shall submit an application for water connection and/or service to such property in writing to the City in such form as provided by the City. If the property is not already connected to the City water system through an approved service lateral or if an extension of the water main is required for service, the provisions of this chapter regarding the installation of service laterals and extensions shall be followed. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-110.]

4.15.120 Water service authorized.

Water service may be furnished or restored to premises if the person requesting such service substantially complies with the following provisions:

(A) Application. The property owner of the premises fills out, signs and files with the City an application for water service as provided in SCC 4.15.110.

(B) Deposit. The applicant pays a deposit in the amount set forth by resolution in the City consolidated fee schedule.

(C) Fees. The applicant shall pay the cost of a water meter as set forth in the consolidated fee schedule. In the event the property owner is required to install a service lateral or extend the water system prior to connection, the applicant shall be required to make all installments and connections at applicant’s cost.

(D) Current Charges. Before water will be turned on to any premises, all charges due and owing to the City by the applicant(s) for water must be paid. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-120.]

4.15.130 Obligation of owner.

The record owner of property to be served by the City water system must appear as the applicant for water connection and service and shall be held responsible to the City for payment of all water service fees and charges incurred by that connection. Owners of property that rent, lease or otherwise give the said property over to the tenancy of another shall remain liable for the water services furnished to the property, including all fees and charges incurred by a renter or lessee or other occupant of the owner’s premises. It shall be the duty of the property owner to notify the City of termination or change in ownership of the property. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-130.]

4.15.140 Misrepresentation.

It shall be unlawful to misrepresent a material fact in applying for water connection and service. Material facts include, but shall not be limited to, the identity of the applicant as the owner or tenant of the property to be connected and the purpose for which the water service to be provided will be used. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-140.]

4.15.150 Applications nontransferable.

Water service and connections shall not be transferred to a location different from that shown on the application for water service nor from where originally used, nor may a larger water connection be subdivided into several smaller connections. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-150.]

4.15.160 Fees.

The City Council shall, by resolution, set forth in the consolidated fee schedule the fees to be charged for the base rate water service charge, service charges other than the base rate, water meter fee, impact fees, fee for use of water from fire hydrants, water service deposits, and all other appropriate fees required herein. Rates for services furnished shall be uniform with respect to each class or classes of service established by the City or that may hereinafter be established. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-160.]

4.15.170 Special rates.

The City Council may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as it deems appropriate. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-170.]

4.15.180 Billing.

The City shall provide a statement to each user of water once each month or at such other regular intervals as the City Council shall direct. The City Council shall determine the duration of the billing period and may change the amounts of the charges or the duration of the billing period from time to time. The City may send a combined statement for water, sewer, garbage collection and other services provided by the City, which statement shall separately specify the amount of the bill for the water service, sewer service, garbage collection and any other service, the place of payment, and the due date. All bills shall be paid in full and no partial payments shall be sufficient, absent the verbal consent of the Utility Billing Supervisor, to prevent the interruption of services as provided herein. [Ord. 19-14 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-180.]

4.15.190 Delinquent payments.

If any user fails to pay his or her water, sewer, garbage or other service charge for services provided by the City within 30 days from the date the payment is due, the Utility Billing Supervisor shall notify the Public Works Department of the deficiency and the Public Works Department may thereafter shut off all water service to said premises in the manner set forth in this chapter. Where amounts are due for more than one billing period, any payment received shall be applied toward the oldest billing charges first. A dishonored check shall not be considered payment received. [Ord. 19-14 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-190.]

4.15.200 Notice of shutoff.

If any user fails to pay his or her water, sewer, garbage or other service charge for services provided by the City within 30 days from the date the payment is due, the Utility Billing Supervisor shall notify in writing to the occupant of the premises by mail that the water service will be discontinued if payment is not received within 10 days after notice is sent. [Ord. 19-14 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-200.]

4.15.210 Shutoff.

If any user fails to pay his or her water, sewer, garbage or other service charge for services provided by the City after a notice of shutoff, the Utility Billing Supervisor shall direct the Public Works Department to place door hangers at the property to notify the occupants that the water service shall be shut off if payment is not made within three days from the date of the door hanger. The City will charge a $5.00 nonrefundable fee for each door hanger placed at the premises. If the delinquent payments are not made within three days from the date of the door hanger, and no payment arrangement has been issued in accordance with the provisions of this chapter, the City shall shut off water service to the premises. Before water service to the premises may be turned on again, all delinquent water, garbage and other charges for services provided by the City must be paid, together with the appropriate shutoff charge, as provided in the City consolidated fee schedule. No check payments will be accepted to restore service once service has been shut off for lack of payment. [Ord. 19-14 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-210.]

4.15.220 Stay of shutoff.

The Utility Billing Supervisor may extend the time for bringing current a delinquent account for up to 15 days. No payment arrangements can be made once the door hanger has been delivered to the residence. In addition, the user may file a written request for review of the billing with the Administrative Services Director. Such request for review shall set forth the customer’s good reason to believe an error has occurred in the billing, which error has resulted in a billing amount in excess of service actually rendered, and setting forth the facts and arguments in favor of the customer’s position. Any appeal of a bill as set forth herein shall stay any action by the City to shut off water service for 15 days or until a determination has been made by the Administrative Services Director, whichever occurs first. Written notice of the decision and the action to be taken shall be provided to the customer. [Ord. 19-14 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 09-11 § 2; Code 1971 § 4-03-220.]

4.15.230 Legal action.

The Utility Billing Supervisor or Administrative Services Director is hereby authorized and empowered to enforce the payment of all delinquent City service charges and connection fees, whether for water, sewer, garbage or other services, by an action at law in the corporate name of the City. [Ord. 19-14 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-230.]

4.15.240 Voluntary discontinuance.

Any user desiring to discontinue service shall notify the Utility Billing Supervisor* in writing at least 10 days before the date when such service is to be discontinued. Any credit balance in favor of the user as a result of deposit will be refunded promptly after receipt of notice of discontinuance of service. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-240.]

* Code reviser’s note: At the City’s request, “Utility Billing Clerk” was changed to “Utility Billing Supervisor.” This amendment was inadvertently omitted from Ord. 19-14.

4.15.250 Service lateral installation.

The property owner, or his or her agent, desiring to obtain water service, shall be responsible at his or her sole expense for installing a service lateral to the curb or property boundary line of his or her property which meets the following requirements.

(A) The service lateral shall be made of such material and quality specified in the City’s construction codes and standards.

(B) The service lateral installation shall include all pipe mechanisms, meter boxes, valves and other equipment, except meters and other equipment to be installed by the City, required for proper service as designated by the City construction codes and standards and the provisions of this chapter.

(D) The service lateral shall be located and installed the required distance from other service pipes in accordance with City construction codes and standards.

(E) The service lateral shall not run across property owned in fee by a person other than the property owner who is applying for connection, unless written permission is obtained from the City and a satisfactory easement is obtained from the affected property owner.

(F) The service lateral shall supply water to no more than one dwelling unit (meaning a building or portion thereof that provides separate and independent living, cooking, sleeping, and sanitation facilities for one family) or commercial unit (meaning a building or portion thereof that provides separate space for tenants operating independent from each other).

(G) The service lateral to be connected to the City water system shall be inspected by an Inspector of the City Public Works Department and found to conform to the provisions of this chapter, the plumbing code as amended and adopted by the City, and all other applicable construction standards, ordinances, rules and regulations, prior to backfilling. It shall be the property owner’s responsibility to ensure that the service lateral and all other underground water lines or connections to be inspected are open and visible to the Inspector at the time of the inspection.

(H) No service lateral shall be connected to the City water system until all requirements of this section are complied with and the lateral has been inspected and approved by the City.

(I) Fire lines servicing privately owned land and buildings shall be considered service laterals. The City retains responsibility of the fire line from the main to the first valve. Beyond the first valve nearest to the main is the responsibility of the property owner(s) that it serves. Developments proposing to install a fire line shall enter into a private fire line service agreement with the City. [Ord. 20-03 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-250.]

4.15.260 Service lateral maintenance.

Subject to the provisions of this chapter, water service users shall keep their service laterals and connections and other apparatus in good repair and protected from frost at their own expense. Each property owner shall own and shall bear the sole responsibility for repair, upkeep and maintenance of the service lateral from the property side of the water meter to the premises being served. The City shall not accept nor bear any responsibility for any leaks, or damages caused by leakage, in the service lateral. Without incurring any liability to the property owner, the City may make emergency repairs to service laterals in order to mitigate damage, prevent waste of water, and prevent contamination of the water supply. Any such repairs shall be at the property owner’s expense and shall be billed to the property owner by the City. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-260.]

4.15.270 Service lateral replacement.

The replacement of a previously used service lateral shall be deemed a connection and the provisions for installation and connection of a new service lateral shall apply to said replacement. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-270.]

4.15.280 Service lateral repair or alteration.

It shall be unlawful for any person to open, alter, repair, or connect to any existing service lateral without first having received a permit therefor from the Public Works Department. Except as otherwise provided herein, no permit shall authorize the alteration of or connection to a service lateral which results in the availability of water service to a building to which such service was not furnished before the alteration or connection is made. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-280.]

4.15.290 Service lateral location.

The City assumes no responsibility for nor shall it warrant or guarantee the specific location of water service laterals as shown on as-built drawings furnished by developers and/or contractors. Persons applying for building permits may inspect the as-built drawings by developers and/or contractors if they desire to do so in connection with locating service laterals; however, the City will not take responsibility for the accuracy of such documents. Persons desiring to obtain such information from the City shall be required to sign an appropriate disclaimer. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-290.]

4.15.300 Extension of water system within the City.

(A) Application. Whenever any person, firm or corporation subdivides, develops or builds upon any property within the City which requires the installation or extension of a water main from an existing main, the person, firm or corporation seeking approval of the subdivision or development of the property shall submit an application for extension of and service from the City water system for the development. The application shall set forth the distance and location of the proposed extension, a map of the extension, the size, location and number of connections that applicant will require, and the intended use; i.e., residential, multifamily, commercial and/or industrial.

(B) Review. The application shall be submitted to the City by the developer with the preliminary plat or site plan review for the development and shall be reviewed by the City Engineer. Upon a finding by the City that the City has available water rights, water source capacity, and water distribution and storage facility capacity to serve the proposed development with a year-round supply of water, the application may be accepted.

(C) Agreement. Upon acceptance of the application for extension and water service, the developer shall enter into a written extension agreement with the City specifying the terms and conditions under which the water extensions and connections shall be made to the City water system and the payments that shall be required.

(D) Expense. The developer shall be required, at his or her own expense, to make, construct, and lay such extension from the existing main to the proposed subdivision, development or building. Developer shall construct, at its sole expense, the internal or on-site water distribution system required to serve the individual consumers within developer’s subdivision or development, including all booster pumps, on-site storage, and other appurtenant facilities, as well as any off-site reservoir required for the development. All improvements shall be constructed in accordance with the City’s specifications. Service and connection to the City water system shall not be permitted until such improvements are inspected, approved and accepted by the City.

(E) Easements. Where possible, provisions shall be made for the construction of all line extensions and distribution lines within public streets and easements. Where lines must cross private property, developer shall obtain, at developer’s sole expense, all required and necessary easements in satisfactory and recordable form.

(F) Dedication. Upon compliance with all conditions and requirements set forth herein, developer shall convey to the City, free and clear of all liens and encumbrances, except for those specifically agreed to in writing by the City, and by conveyancing instrument acceptable to the City, the following:

(1) Any extension of the City’s main transmission system constructed by developer and donated to the City as provided herein, together with all necessary pipeline easements and rights-of-way for the operation, maintenance, repair and replacement of the same.

(2) The internal subdivision distribution system and all appurtenant facilities specifically including but not limited to all distribution lines, pumps, storage facilities, booster pumps, and any required treatment facilities, together with all appurtenant easements and rights-of-way for the operation, maintenance, repair and replacement of the same.

(G) Reimbursement. Where any person, firm or corporation subdivides or develops property subject to these provisions and is required to make expenditures which in the opinion of the City Council should not be borne wholly and solely by such developer because other subsequent developments will benefit directly therefrom, the City Council may enter into an agreement with the developer for reimbursement on a proportionate basis for his or her actual costs as subsequent users connect to the main extension. As a condition of such reimbursement and prior to final approval and acceptance of the main extension by the City, the developer shall submit to the City a verified list of costs which shall form the basis of the reimbursement agreement taking into consideration the benefit of the line to the developer. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-300.]

4.15.310 Extension of water system outside the City.

The City may furnish water service from its water system to persons outside the City in accordance with the provisions of this section; provided, that such water service is available and will in no way deprive the residents of Syracuse City of water consumption. Nothing contained herein shall be construed to obligate the City to extend its system to provide water service to persons outside the boundaries of the City.

(A) Petition. Any person or persons located outside the City limits who desires to be supplied with water service from the City water system may make application to the City Council for such extension and service by petition. The petition shall set forth the distance and location of the proposed extension, a map of the extension, the size, location and number of connections that petitioner will require, and the intended use. Petitioner shall be required to pay in advance the entire cost of extending the City water system to provide such service. In addition to the requirements set forth in this section, the petition shall contain a certified acknowledgment that the petitioner understands that the City in granting the petition need only supply such water to the petitioner from time to time as shall be deemed by the City Council to be available beyond the requirements of water use within the City limits and that such extension shall be the property of and subject to the control of the City.

(B) Review. The City shall review the petition, including review by the Public Works Department, City Engineer and City Attorney. The Public Works Department shall determine what portion, if any, of the extension of the City’s water mains to the City limits the City shall construct, and shall prepare a verified statement showing the whole cost and expense of making such an extension. Such costs and expenses shall include administrative and supervisory expenditures of the City, which shall in no event be deemed to be less than 10 percent of the cost of materials and labor. Upon a finding by the City that the City has available water rights, water source capacity, and water distribution and storage facility capacity to serve the proposed development, the application may be accepted.

(C) Agreement. If the City grants the petition or any portion thereof, the petitioner and the City shall enter into an acceptable written water system extension agreement, which agreement shall be executed prior to the commencement of any work upon said extension.

(D) Dedication. Upon compliance with all conditions and requirements set forth herein, petitioner shall convey to the City, free and clear of all liens and encumbrances, except for those specifically agreed to in writing by the City, and by conveyancing instrument acceptable to the City, the following:

(1) Any extension of the City’s main transmission system constructed by petitioner and donated to the City as provided herein, together with all necessary pipeline easements and rights-of-way for the operation, maintenance, repair and replacement of the same.

(E) Reimbursement. The City shall have the right to allow third parties to connect to any water line or facilities constructed pursuant to this section, in which case the City may enter into an agreement providing partial reimbursement to the developer. As a condition of such reimbursement, the petitioner shall, prior to final approval and acceptance of the main extension by the City, submit to the City a verified list of costs which shall form the basis of the reimbursement agreement taking into consideration the benefit of the line to the petitioner. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-310.]

4.15.320 Meter installation and maintenance.

It shall be unlawful for any person who is not authorized by the Public Works Department to open or connect into any City water main. Any person desiring to open or connect into the City water system shall obtain the appropriate permits required herein and all work performed under such permit shall be inspected by the City. Any person connecting to the water system shall install a connection pipe of suitable quality under the street and a meter box, meter, and stopcock at a location determined by the Public Works Department. Said connection pipe, meter box, meter and stopcock are and shall remain the property of the City, which retains the sole right to maintain, repair, and service said facilities. The City shall own and maintain the shutoff valve, the water meter and its appurtenances, regardless of whether the water meter was installed at the street or inside the structure receiving service. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-320.]

4.15.330 Meter required.

All water delivered by the City to its customers shall be metered through water meters owned and approved by the City. It shall be unlawful for any person, firm or corporation to use or have in their possession any water from the City water system that has not first been passed through and the quantity thereof measured by a City water meter. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-330.]

4.15.340 Meter accuracy.

Any user may submit a request for a test of his or her water meter. The Water Superintendent may, if under the circumstances it is deemed advisable, order a test of the requested meter measuring the water delivered to the user. If such request to test the meter is made within 12 months after the date of the last previous test, the user may be required to pay the costs of such test if the meter is found to record from 97 percent to 103 percent of accuracy under methods of testing that are satisfactory to the Water Superintendent. In the event a meter is found to be recording less than 97 percent or more than 103 percent of accuracy, the City shall make such adjustments in the user’s previous bill as are just and fair under the circumstances. If a meter fails to register at any time, the water delivered during such period shall be estimated on the basis of previous consumption. To the extent possible, the period of time used to assess previous consumption shall be a seasonally similar time period. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-340.]

4.15.350 Meter tampering.

Meters may be checked, opened, inspected or adjusted at the discretion of the City by City personnel. It shall be unlawful for any person other than authorized agents of the City to adjust, open, manipulate, disconnect or tamper with City water meters in any manner. A user shall prevent any damage to the water meter used by such user and shall be responsible for the cost of repairing any damage to the water meter other than normal wear and tear. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-350.]

4.15.360 Illegal use of water pressure.

The water provided through any connection to the City water system shall not be used for the purpose of driving any motor, siphon, turbine, or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-360.]

4.15.370 Unauthorized service.

It shall be unlawful for any person to provide oneself or others with, or to make use of, water service from the City water system without prior authorization from the City and payment therefor as herein provided. It is unlawful for any person to restore discontinued water service by self-help or other means without authorization by the City. Regularly applicable charges shall be assessed for unauthorized water service and may be collected as provided in this chapter. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-370.]

4.15.380 Unauthorized connection.

It shall be unlawful for any person, directly or indirectly, to connect to, disconnect, repair or alter the City water system or any part thereof, including, but not limited to, any water line or water meter, without prior authority obtained from the City in accordance with the provisions of this chapter. It shall be unlawful for any person, directly or indirectly, to open any fire hydrant, stopcock, valve, or other fixtures attached to the City water system without prior authority obtained from the City in accordance with the provisions of this chapter. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-380.]

4.15.390 Damage to water system.

(A) Prohibited. It shall be unlawful for any person to destroy, deface, damage or interfere with the operation of any part, pipe, fixture, appliance, appurtenance or property of the City water system or any source of water supplying to said system, to interfere with the flow or control of distribution of the water system, or to pollute, contaminate or introduce into such system any substance poisonous to human life or harmful to human health or detrimentally affecting the taste, smell, color, odor, or other aesthetic characteristic of the City water system.

(B) Restitution. All damages or injury to the water lines, meters or other equipment of the City water system caused by any act or neglect of the user or his or her agents or any violation of this chapter shall, in the discretion of the City, be repaired by or at the expense of the user, and the user shall pay all costs and expenses, including reasonable attorney’s fees, which may arise or accrue to the City through its efforts to repair or recover expenses for the repair of the damage to the water lines, meters or other equipment of the City water system or Public Works Department. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-390.]

4.15.400 Emergencies.

Notwithstanding the provisions of this chapter, in the case of leaks or other accidents damaging service laterals or other apparatus connected with the water system, plumbers or other qualified persons may shut off the water at the curb box to make the necessary repairs, and turn on the water upon completion of such repairs without obtaining authorization. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-400.]

4.15.410 Waste prohibited.

All users of water service shall be required to keep their sprinklers, faucets, valves, hoses and all apparatus connected to the water system in good condition at their own expense and all waterways closed when not in use. No person, unless authorized by the City in accordance with this chapter, shall turn on or discharge water from any fire hydrant, and no water user or other person shall waste water or allow it to be wasted by imperfect stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow, or to wastefully run water from hydrants, faucets, basins, sinks, or other apparatus, or to use any water from the water system except for culinary and domestic purposes, including lawn sprinkling, unless so authorized by the City, or to use the water for purposes other than those for which he or she has paid, or use water in violation of the rules and regulations adopted by the City Council. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-410.]

4.15.420 Sprinklers.

All sprinkler systems shall comply with applicable provisions of the plumbing code, as adopted and amended by the City, and shall only be allowed in connection with other secondary water service provided to the premises. It shall be unlawful for any person to install or use a sprinkling system which materially affects the pressure or supply of water in the City water system or any part thereof. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-420.]

4.15.430 Curtailment.

Water shall be supplied first for culinary purposes. In times of water scarcity, the Mayor may, by proclamation, declare a water emergency and limit, ration, or otherwise regulate the distribution or use of water to such extent as may be required for public good of the City. Such action of the City may include, but shall not be limited to, limiting the use of water for lawn sprinkling or imposing a moratorium on new water connections until the emergency has been alleviated. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-430.]

4.15.440 Turning water off.

If any water user shall waste water, or shall, within two days after notice is given by the Public Works Department, fail to repair any service connection or plumbing on his or her premises, or fail to comply with any regulations or restrictions with respect to the use of water, he or she shall be liable to have the water shut off from his or her premises by the Public Works Department. Upon the occurrence of any of the foregoing, the Public Works Department shall notify the occupant of the premises and the owner thereof in writing, by personal delivery or certified mail, return receipt requested, of the violation and that the water service will be discontinued if the violation is not remedied within three days. If the violation is not remedied within the required time frame after service of the notice of discontinuance, the Public Works Department shall cause a notice to be left on the property explaining the reason for discontinuance, and the water service may thereafter be discontinued. If water is turned off because of defective plumbing or waste as provided herein, the water shall not be turned on again until the same have been repaired in accordance with the requirements of the Public Works Department, and a fee has been paid for shut off, turn on and inspection as set forth by resolution in the City consolidated fee schedule. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-440.]

4.15.450 Cross-connections.

(A) Purpose. The purpose of this section is to protect the City’s potable water supply from contamination or pollution by contaminants or pollutants which could backflow or back-siphon into the City’s potable water system.

(B) Definitions.

(1) “Backflow” means the reversal of the normal flow of water caused by either back-pressure or back siphonage.

(2) “Cross-connection” means any actual or potential connection between the City’s potable water system and any other source or system through which it is possible to introduce into the City’s potable water system any untreated water, used water, industrial fluid, gas, or substance other than potable water.

(3) “High-risk consumer” means a person whose cross-connection or potential cross-connection involves any contaminant that could cause death or illness or spread disease if introduced into the City’s potable water supply.

(1) Approved in advance by the Water Superintendent; and

(2) Accomplished by the installation of an air gap or backflow prevention assembly/device approved by the Water Superintendent.

(D) Compliance. All connections to the City water system and all backflow prevention assemblies/devices required herein shall conform to the provisions of this section, the plumbing code as adopted and amended by the City, the Utah Safe Drinking Water Act, and other relevant provisions of state and federal law.

(E) Abatement – Suspension of Service.

(1) The Water Superintendent may immediately and without notice abate any violation of this section.

(2) Water service to any building or location may be suspended by the City if an approved backflow prevention assembly/device is not installed, tested, or properly maintained; or if a backflow prevention assembly/device has been removed or bypassed; or if an unprotected cross-connection exists at the building or location. Water service may also be suspended to any building or location when the Water Superintendent, Public Works Director or Building Official determines that the service connection’s water usage constitutes a sufficient hazard or risk to the City’s water supply or water system. The City shall attempt to provide advance or simultaneous notice of the suspension to the consumer. However, if the consumer could not reasonably be notified before suspension, then notice shall be given promptly afterwards. Water service shall not be restored until the defects or adverse conditions are resolved to the City’s satisfaction.

(F) Consumers’ Obligations.

(1) No consumer may modify any cross-connection or cross-connected water system without first obtaining a permit and inspection and approval by the City.

(2) Each consumer’s water system shall be available for inspection by City personnel at all reasonable times and upon no more than 24 hours’ notice. Denial of access may result in suspension of service and/or classification of the system as a high-risk system.

(3) Each high-risk consumer shall, at its expense, install and maintain an approved backflow prevention assembly/device at each point of hazard.

(4) Each consumer shall annually, or more frequently if requested by the Water Superintendent, have each backflow prevention assembly/device tested by a state certified backflow assembly technician and provide the results of the test to the Water Superintendent.

(G) Records. The City shall maintain an inventory of all installed backflow prevention assemblies/devices and shall maintain test and repair records on each.

(H) Violations and Enforcement.

(1) At the option of the City, violations of this section may be enforced administratively or judicially.

(2) If this section is enforced judicially, a violation of this section is a class B misdemeanor.

(3) A fine of at least $1,000 shall be imposed for each violation of this section.

(4) Each day of violation constitutes a separate violation.

(5) In addition to fines, the violator may also be required to pay all costs reasonably related to remedy the violation, including labor and materials for flushing, disinfection, sampling, and the procurement of an alternate water supply.

(6) Fines and other costs may be appended to and collected with the violator’s monthly water statement or collected by any other lawful means. [Ord. 24-01 § 2.]

4.15.460 Maintenance and control of hydrants.

Fire hydrants are the property of the City and are under the control of and shall be kept in repair by the Public Works Department. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-460.]

4.15.470 Tampering with hydrants.

Fire hydrants shall not be tampered with and no one shall use, adjust, alter or change any fire hydrant except the Public Works Department or persons duly authorized by the City. It is unlawful for any person, other than those duly authorized, to open or operate any City fire hydrant or to tamper or interfere with or attempt to draw water therefrom, or in any way to obstruct the approach thereto. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-470.]

4.15.480 Hydrant use by City departments.

Duly authorized fire protection personnel shall at all times have free and unrestricted access to all fire hydrants. In the event of a fire within the City, a Fireman, Policeman, or employee of the Public Works Department may order that all valves, taps, and stopcocks connected to the plumbing systems of any property supplied with water service by the City be closed and remain closed until the fire is extinguished. Other City departments or agencies may use fire hydrants with the approval of the Public Works Department. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-480.]

4.15.490 Private use of fire hydrant water.

The private use of City fire hydrants for obtaining water is discouraged and shall be used as a measure of last resort and all other means of obtaining water for construction purposes, dust control and other private uses must be explored and used whenever possible. Any private use of fire hydrants shall require a permit as provided herein. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-490.]

4.15.500 Fire hydrant water use permit.

(A) Permit Required. Any person or entity desiring to obtain water from a City fire hydrant shall submit an application for a fire hydrant water use permit on forms provided by the City to the Public Works Department. The application shall be signed by the applicant or applicant’s authorized and certified agent, and shall state the purpose for which the water is to be used, the location of the intended fire hydrant to be used, and the desired term of the permit, not to exceed 30 days. Applicants must agree to and abide by all conditions, charges and liabilities of the permit.

(B) Fees. Each application for a fire hydrant water use permit shall be accompanied by the required permit fees as set forth in the City fee schedule. No permit shall be issued until the proper fees have been paid to the City. Unless otherwise provided, the permit and fees required herein shall be in addition to any and all other licenses, permits and fees imposed by any other ordinance, regulation or law.

(C) Issuance of Permit. The Water Superintendent shall review all applications for fire hydrant water use permits and may issue or deny such applications based upon consideration of the effect of the proposed use, the location of the hydrant, the availability of water from the system, assurance that the use of the hydrant(s) will not adversely affect delivery of water to existing connections from the City water system, and compliance with all conditions and requirements of this chapter. Permit terms may not exceed 30 days. Permits shall be valid only for the applicant for whom it was issued and only for the location and use for which it was issued and shall not be assignable or transferable.

(D) Water Meter. Upon issuance of a fire hydrant water use permit and payment of all required fees and deposits, the permit holder shall obtain a meter and other required equipment from the Public Works Department necessary to obtain and meter the water drawn from the hydrant in accordance with the permit. A deposit shall be required for the use of the meter and other equipment provided by the City in an amount set forth in the City fee schedule in order to insure return of the meter and equipment in good condition. The meter number and reading shall be noted on the permit at the time of issuance.

(E) Payment. Upon completion of the use of fire hydrant water or expiration of the permit, whichever is sooner, applicant shall return the meter and other equipment provided by the City and pay the appropriate fee in accordance with the rates set forth in the City fee schedule for the amount of water used as indicated on the returned meter. In the City’s discretion, the City may require an applicant to prepay for the good faith estimate of the amount of water to be used at the appropriate rate set forth in the City fee schedule. Upon completion of the use of fire hydrant water or expiration of the permit, actual water usage shall be determined and the applicant shall pay to the City any deficiency in water fees owed. All fees, deposits and payments shall be submitted to the City office for receipt and remittance.

(F) Inspection. The City reserves the right to supervise and/or inspect the use of any City fire hydrant in accordance with any permit issued hereunder. Applicant shall close the hydrant and disconnect the meter from the hydrant when not using the water, thereby leaving the hydrants free and clear for use by the Fire Department and City officials.

(G) Free Access. No private use of City fire hydrants as permitted herein may interfere with the use of any fire hydrant by City officials, and the Fire Department shall at all times have free access to all fire hydrants.

(H) Records. The Public Works Department shall keep a record of all permits issued hereunder, including the name of the person to whom the permit was issued, the term of the permit and the fees and deposit collected.

(I) Rules and Regulations. The Public Works Department may establish and adopt, with the advice and consent of the City Council, rules and regulations governing the use of City fire hydrants and permits for the same.

(J) Indemnification. Applicant shall be responsible for returning the meter and equipment to the City in good condition when due. A late fee may be charged for any meter or equipment which is not returned to the City within 24 hours from the expiration of the permit as provided in the City fee schedule. Applicant shall be responsible to reimburse the City for the cost to replace any meter or equipment not returned and shall be liable for any and all damage to the City fire hydrant(s) or equipment in connection with applicant’s use of the hydrant. Applicant shall further indemnify and hold harmless the City, its officers, employees, agents and sureties, from liability of any kind or nature which may result from use of the hydrant, meter, equipment or water as permitted herein.

(K) Revocation. Any fire hydrant water use permit issued hereunder may be revoked or suspended by the City upon applicant’s failure to comply with the rules and regulations of the Public Works Department and the ordinances of the City governing the use of water from City fire hydrants. Prior to revocation of any permit, proper notice and an opportunity to be heard shall be provided to the permit holder.

(L) Appeals. Any person aggrieved of the denial or revocation of a fire hydrant water use permit may appeal such decision to the City Council by filing written notice of appeal within 15 days from the date of the decision. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-500.]

4.15.510 Secondary water connection.

(A) New Residential Buildings. All new residential building sites shall be served by pressure irrigation in accordance with the City subdivision ordinance. No new building permits will be issued until the applicant has made arrangements to connect to an irrigation water system. Each owner shall extend to the pressure irrigation system and provide a connection for the building site concurrent with construction of the residence.

(B) Existing Residential Buildings. All owners of existing residences having access to pressurized irrigation systems are encouraged to connect to such systems for all outside watering. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-510.]

4.15.520 Wellhead protection.

In order to protect ground water sources that supply water to the City potable water system, the City shall adopt a wellhead protection ordinance set forth in the City zoning ordinance restricting land use and development within the vicinity of any well that supplies potable water to the City water system in order to protect such areas from urban development which may cause pollutants to be discharged into the ground water supply. All development within the City must comply with the provisions of the wellhead protection ordinance. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-520.]

4.15.530 Violation – Penalty.

Unless otherwise specifically provided, any person who violates any provision of this chapter shall be guilty of a Class B misdemeanor and shall be subject to fines and/or imprisonment as provided in Sections 76-3-301 and 76-3-204, Utah Code Annotated 1953, as amended. In instances where the violation is a continuing violation, a separate offense shall be deemed committed for each day in which the violation occurs or continues. This section shall not limit the authority of any court of competent jurisdiction to impose any other sanction or order any other relief as may be appropriate under the laws of the state of Utah. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-530.]

4.15.540 Board of Equalization.

The City Council is hereby designated as the board of equalization of water rates to hear complaints and make corrections of any assessment alleged to be illegal, unequal or unjust. All complaints shall be filed in writing to the City Recorder and shall state the grounds for the complaint. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-03-540.]

Prior legislation: Amended 1984, 1990, 1995, 1996; Ord. 01-14; Ord. 02-15 and Ord. 08-02 §§ 6 – 8.