Chapter 4.25
PRESSURE IRRIGATION WATER SERVICE
Sections:
4.25.010 Schedule of rates and charges.
4.25.030 Due date of service charges.
4.25.040 Due date of connection fee.
4.25.050 Application for water service.
4.25.080 Fixtures and fittings used in water connections.
4.25.090 Use without payment prohibited.
4.25.100 Discontinuance of service if payments delinquent.
4.25.110 Turning on water without authorization.
4.25.120 Taker only to use water.
4.25.140 Annual conservation plan for large-area property owners.
4.25.010 Schedule of rates and charges.
The City Council shall, by resolution, establish such rates for the provision of pressure irrigation services as appropriate and necessary.
The pressure irrigation water service shall not be used to irrigate any area exceeding one acre. [Ord. 15-10 § 1; Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 13; Code 1971 § 4-05-010.]
4.25.020 Connection fees.
The City Council shall, by resolution, establish such rates for the connection to the pressure irrigation water system of the City. Rates shall be based on the size of the connection.
Any special connections shall have fees set by the City Council in each individual situation.
Any applicant for a pressure irrigation water connection to any lot or property abutting a street, alley, or other right-of-way containing a pressure irrigation line shall pay the full connection fee therefor. [Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 14; Code 1971 § 4-05-020.]
4.25.030 Due date of service charges.
Payment of all rates and charges accruing shall be made to the City at the same time as payments are due and payable for culinary water service furnished by the City, and shall accrue for all pressure irrigation water services available after September 30, 1984, regardless of whether irrigation water or irrigation water distribution lines are then available to the properties so charged. Water rates for all users shall be established in the consolidated fee schedule and adopted by resolution of the City Council. [Ord. 20-07 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-030.]
4.25.040 Due date of connection fee.
Payment for the water connections accruing shall be made in full prior to the connection to the pressure irrigation lines; provided, however, that upon signing of a time payment agreement, the City may allow installment payments of the connection fee over a one-year period from the date of application for service. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-040.]
4.25.050 Application for water service.
Any person desiring to secure pressure irrigation water when such service is available shall apply to the City and file an agreement with the City which shall be in substantially the following form:
WATER APPLICATION AND AGREEMENT
Application is hereby made by the undersigned to Syracuse City for a pressure irrigation water connection for property owned by the undersigned and identified as _________________________________
In making said Application the undersigned agrees:
1. That undersigned will pay a connection fee of $__________ to the City upon approval of this Application, or in installments as determined by agreement with the City.
2. Undersigned will pay for all water and services afforded by the City at the lawfully established monthly rates as may from time to time be established by the City Council of Syracuse.
3. Undersigned will abide by and obey all lawful rules and regulations of the City which may be adopted from time to time.
4. Permission is hereby granted in consideration of accepting of this Application to the City and its agents, to enter the property of Applicant to install, maintain, and/or replace appurtenant works.
5. In the event undersigned becomes delinquent for more than 30 days in the payment of the monthly service charge, undersigned will pay the reasonable cost (whether suit is filed or not) of collecting the arrearages, including a reasonable attorney’s fee, and also agrees that undersigned’s pressure irrigation and culinary water service may both be discontinued until payment of such arrearages has been made.
Dated this _____ day of _____________.
IN WITNESS WHEREOF, the undersigned has caused this Application and Agreement to be executed as of the day and year above written. ________________________________
ACCEPTED:
____________________________
SYRACUSE CITY
By __________________________
When applicant is not the actual owner but is merely buying served premises under contract, or when the applicant is a building contractor applying for new water service, claiming to be the owner of the property, the City may require a deposit in the amount of $____ to guarantee payment of all such water service.
Applications for water service to premises occupied by a tenant shall be made by the owner of the premises, who shall be responsible for payment of all water service thereto. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-050.]
4.25.060 Permits and reports.
It shall be unlawful for any person to make any extension of any pipe or connect any fixture to the pressure irrigation distribution system for any purpose whatsoever without first obtaining permission from the Syracuse City Water Superintendent. All persons must, within 24 hours after the completion of any plumbing work connected with the water system, report the same to the Water Superintendent. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-060.]
4.25.070 Regulations.
The City Council shall establish by ordinance or resolution such regulations controlling and governing the pressure irrigation water system of the City, the manner of making such connections, and other regulations as may be necessary for the operation of the water system. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-070.]
4.25.080 Fixtures and fittings used in water connections.
It shall be unlawful for any person to use any kind or size of fitting, pipe, valves, or other equipment in connection with the pressure irrigation distribution system, except the kind prescribed by the City Public Works Department. All connections made to the City’s stop valves are required to be installed with an owner valve in close proximity to the supply valve. The connection to the City’s stop and waste valve is the termination point of the City’s responsibility for care and maintenance. Use of the City’s stop valve is strictly prohibited unless closing the valve is necessary to prevent flooding or property damage. The City recommends all users install a filter following the owner valve. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-080.]
4.25.090 Use without payment prohibited.
It shall be unlawful for any person by himself, family, servants, or agents to utilize the City pressure irrigation water system without paying therefor as herein provided, or without authority to open any, valve, or other fixture attached to the system or water supply, or to in any way injure, deface, or impair any part or appurtenance of the system or to cast anything into any reservoir or tank belonging to said system. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-090.]
4.25.100 Discontinuance of service if payments delinquent.
The City shall mail a written statement to each user of the pressure water service once each month, or at such other regular intervals as the City Council shall direct. Said statement shall specify the amount of the bill for the pressure irrigation water service used and the place of payment and date due. If any person fails to pay the charges within 30 days of the due date, the City shall so notify the Water Department and shall have authority to direct said Department to shut off all water service, both pressure irrigation and culinary, to the premises involved. Before said service to the premises shall again be provided, all delinquent water charges must be paid to the City, together with such disconnection and reconnection charges as may be established by resolution of the City Council. The City is hereby authorized and empowered to enforce payment of all delinquent water service charges by an action at law in the corporate name of the City. [Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 15; Code 1971 § 4-05-100.]
4.25.110 Turning on water without authorization.
It shall be unlawful for any person, after the water has been turned off from his premises on account of nonpayment of rates or other violation of the rules and regulations pertaining to the water supply, to turn on or allow the water to be turned on or used or allow the water to be used. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-110.]
4.25.120 Taker only to use water.
It shall be unlawful for any water user to permit any person from other premises, or any unauthorized persons, to use or obtain water regularly from his premises or water fixtures. [Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-120.]
4.25.130 Waste prohibited.
(A) The waste of City-provided water for any purpose, including landscape irrigation, is hereby declared to be in detriment to the public health, welfare, and safety of the community.
(B) Mandatory Water Restrictions.
(1) Upon request by the Public Works Department, the City Council, following a public meeting, may enact a resolution restricting the use of pressure-irrigation water:
(a) During specific times of the day;
(b) On certain days of the week, with addresses or types of uses being assigned different watering schedules;
(c) Above a certain volume per acre; or
(d) In any other manner necessary to preserve the integrity of the pressure-irrigation system and ensure equitable distribution among all users.
(2) Mandatory water restrictions may be appropriate due to:
(a) Reduction in water volume delivered by water purveyors to the City, due to drought conditions;
(b) Reduced tank or reservoir levels, or reduced pressure in the system;
(c) Anticipated severe drought during a watering season; or
(d) Evidence submitted by the Syracuse City Public Works Department indicating that restrictions are necessary.
(3) Notice of mandatory water restrictions shall be expeditiously sent to water users, such as through the City website, mailed notices, social media posting, electronic mail, and posting at City facilities.
(C) For purposes of this section, a person wastes water when any of the following apply to their use of City-provided water:
(1) The person uses outdoor irrigation in violation of a mandatory water restriction imposed by the City Council;
(2) The person irrigates during the hours of 10:00 a.m. and 6:00 p.m., unless otherwise excepted as provided in subsection (E) of this section;
(3) When, due to outdoor irrigation, water pools upon neighboring properties or in streets or storm drains for a period of greater than 10 minutes;
(4) When City-provided water, as a result of overuse or overwatering by the property owner, causes damage to neighboring properties; or
(5) When a user has been notified of deficient conditions in the user’s water system as provided in subsection (D) of this section, has failed to make repairs to those systems within 15 days’ notice, and water has escaped the system because of that deficiency.
(D) It shall be unlawful for any pressure irrigation water user to allow water 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, valves, or other apparatus.
(E) This section only applies to pressure irrigation water provided by the City. It does not apply to the use, storage, or waste of water purveyed through other entities directly to the user.
(F) The following are not violations of this section:
(1) Watering necessary to establish new gardens or landscaping, such as sod or grass seed;
(2) Attended spot-watering using a hose; and
(3) Incidental use for purposes of diagnostics or maintenance of irrigation systems.
(G) Enforcement of Mandatory Water Restrictions. In years during which the City Council has, by resolution, instated mandatory water use restrictions, the following enforcement actions may be taken:
(1) A person who is found to be wasting water for the first time during a calendar year shall be issued a written warning, which warning shall provide notice of potential penalties and the eventual loss of secondary water use on the property.
(2) A person who has previously had a warning issued against their property during a calendar year, and who is found to be wasting water a second time, may be issued a civil citation requiring them to pay an amount indicated in the consolidated fee schedule appearing on the next utility bill.
(3) A person who has previously had a citation issued against their property during a calendar year, and who is found to be wasting water, may be issued a civil citation in an amount indicated in the consolidated fee schedule appearing on the next utility bill.
(4) A property for which two citations have been issued during a calendar year, and on which a person is found to be wasting water, shall pay an amount indicated in the consolidated fee schedule appearing on the next utility bill and shall have secondary water service terminated for the remainder of the calendar year. This section shall not prohibit a new owner from reconnecting service upon proof of change in ownership.
(5) Failure to pay a civil fine associated with water waste, or to make satisfactory payment arrangements with the Utility Billing Department, within 30 calendar days of service of the citation, shall result in the termination of secondary water until the fine and applicable reconnection fees are paid. Notice that services will be terminated for nonpayment of the civil fine shall be printed on each civil citation issued.
(H) Notice.
(1) Warnings may be issued by hanging notices on the front door of the residence or in another prominent location on the property. Personal service is not required, and failure to receive the warning shall not be a defense to future civil penalties or shut-off.
(2) Citations may be served by any of the following methods:
(a) Personal service upon an adult who resides at a residence, is employed at a business, or is listed as an agent for the property owner; or
(b) By posting in a prominent place, such as upon a front door or fence.
(3) A copy of the citation shall also be mailed, return service requested. Certified mail is not required.
(4) Shut-off of pressure irrigation water shall proceed in accordance with practices established in SCC 4.25.100.
(I) Appeal.
(1) A person or business who has been issued a violation or shut-off notice may appeal that decision by filing a written notice of appeal with the City Recorder within 10 calendar days of the notice or citation. The appeal hearing shall be before a Hearing Officer. Hearings shall be conducted as provided in Chapter 6.20 SCC. All appeals shall be accompanied by a copy of the notice or citation and by a filing fee established by the City’s fee schedule. A pending appeal stays shut-off action.
(2) Failure to file a written notice of appeal within 10 calendar days from the date of the citation or shut-off notice shall be deemed a waiver of the right to appeal the citation or notice.
(3) No appeal is available for warnings, and an appeal of shut-off due to nonpayment is limited only to whether the appellant tendered timely payment. [Ord. 23-12 § 1 (Exh. A); Ord. 22-20 § 1 (Exh. A); Ord. 17-02 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Code 1971 § 4-05-130.]
4.25.140 Annual conservation plan for large-area property owners.
(A) For purposes of this section, “large-area properties” means:
(1) Developed properties within the City that exceed three acres in area, or
(2) Properties owned by a homeowners’ association within a subdivision which exceed a combined total area of three acres.
“Large-area properties” does not include single-family home parcels, property located within the agricultural zone, or a property that does not receive pressure irrigation services from the City.
(B) Owners of large-area properties shall be required to maintain a current contact person, telephone number, mailing address, and electronic mail address with the City’s Public Works Department.
(C) In the case of homeowners’ associations, these entities are required to register with the Utah State Department of Commerce, as provided in Utah law.
(D) Owners of large-area properties shall be required, before May 15th on an annual basis, to submit a conservation plan to the City’s Public Works Department with the following elements:
(1) The property’s programmed or planned watering schedule, indicating days of the week and hours per day at each station;
(2) Affirmation that the property owner will comply with any watering restrictions which may be made mandatory by the Council, pursuant to this chapter;
(3) A maintenance and repair plan for broken or malfunctioning systems; and
(4) Affirmation of periodic inspection and adjustment of watering heads.
(E) The owner of a large-area property is not required to file a new conservation plan, if that owner submits, within eight months prior to the due date, a written statement that, since the date of the last submitted plan, there have been no changes to the conservation plan or to contact information.
(F) Failure to comply with the provisions of this ordinance may result in the same penalties established in SCC 4.25.130. [Ord. 17-01 § 1 (Exh. A).]
4.25.150 Meter.
(A) Installation. Any person connecting to the water system shall install a connection pipe from the main and a meter box, meter, radio, stopcock, and shutoff valve with a separate box all of which are at a location determined by the Public Works Department and in compliance with current City engineering standards. The City shall own and maintain the water meter, radio, meter box, stopcock, and connection pipe between the meter and the main. The City retains the sole right to maintain, repair, and service City-owned facilities.
(B) Accuracy. Any user may submit a request for a test of his or her water meter during the irrigation season when the secondary water pipes are fully pressurized. 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 during the same irrigation season as the previous test, the user may be required to pay the costs of such test if the meter is found to record from 90 percent to 110 percent of accuracy under methods of testing that are satisfactory to the Water Superintendent. 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.
(C) 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 a City water meter or radio 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. 19-07 § 1 (Exh. A).]
4.25.160 Violation.
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. 19-07 § 1 (Exh. A).]