ARTICLE I. IN GENERAL
31-1 Construction of chapter.
In the construction of this chapter, whenever it is stated that certain things are required, the meaning is that only on compliance with the stipulation can a person become or having already become can he continue to be a user of city water and enjoy or possess the privileges and advantages afforded by the city water department to its users and those with whom it does business. During the refusal or failure of any person to comply with any of the requirements of this chapter or of the regulations of the water department, all rights of such person to use city water shall cease.
(Rev. Ords. 1962, § 6048)
31-2 Applications of water.
Applications for water shall be made on printed forms, to be furnished at the administrative offices of public works, and the applicant must agree to conform to the ordinances and the rules and regulations of the department.
(Rev. Ords. 1962, § 6001; Ord. of 10-22-90)
31-3 Conditions on which water furnished.
This chapter and the rules and regulations of the water department shall be considered as stating the conditions upon which city water will be furnished, and every person using city water shall be considered, by so doing, to express his consent to conform to the requirements of this chapter and the rules and regulations of the department.
(Rev. Ords. 1962, § 6008)
31-4 Proposals by water commissioners.
The public works commissioners shall, from time to time as they may see fit, submit to the city council such proposals of amendment to this chapter or the rates of the department as they may deem for the best interest of the city.
(Rev. Ords. 1962, § 6029; Ord. of 10-22-90)
31-5 Fire hydrants and pipes.
Fire hydrants and the pipes used for fire purposes only shall be entirely independent of, and free from connection with, pipes used for any other purpose and shall be used for fire purposes only.
(Rev. Ords. 1962, § 6002)
Cross reference—Examination of hydrants and fireplugs, § 13-11; opening hydrant or fire plug restricted, § 13-12; obstructions to stopcocks or hydrants, § 13-13.
31-6 Carrying off or injuring property of water department.
No person shall remove, carry off or in any way injure, interfere or meddle with a hydrant, valve, valve box or cover, stopcock, top-box or cover, pipe, tool, apparatus, fixture, building, machinery or fence belonging to the city water department.
(Rev. Ords. 1962, § 6015)
31-7 City liability for use or failure of water.
The city shall not be liable for accident or injury of any kind caused by or growing out of the use or failure of city water.
(Rev. Ords. 1962, § 6007)
31-8 Monthly account of department expenses.
The public works director or his/her designee shall, at the end of each month, make up an account in detail of the expenses of the water department, which, after approval by the public works commissioners, shall be submitted to the city council.
(Rev. Ords. 1962, § 6047; Ord. of 10-22-90)
31-9 Authority to shut off water for violations; charges.
The director of public works or his/her designee may, on twenty-four (24) hours’ notice, shut off the water from the premises of any person who shall violate any of the provisions of this chapter, including the failure to make repairs to the connections on the premises served, and such offender shall be deprived of the use of the water until he/she shall have made all necessary repairs to the pipes and connections on the premises served and shall have complied with the provisions of this chapter for the violation of which said water was shut off. Provided, however, that for failure to pay when due all rate bills and bills for labor and materials, the director of public works or his/her designee may shut off the water from the premises only upon ten (10) days’ advance notice to the owner of the premises affected, and such premises shall be deprived of the use of water until such bills are paid in full or until satisfactory payment arrangements are made with said director of public works, whichever sooner occurs. When two (2) or more persons are furnished water through one (1) service pipe, the provisions of this chapter in regard to the shutting off of the supply shall be applicable to all, although one (1) or more shall be innocent of any offense. If, after shutting off the water from any service for repairs or any other cause, it is found that on such service there is no cutoff back of all fixtures, water shall not be again turned on to such service until a suitable cutoff has been properly placed on the same. Whenever the water is shut off or turned on for any reason, a minimum service charge of one (1) hour at the then-prevailing materials and labor hourly rate as provided in section 31-20 shall be made, which charge shall be in addition to any other applicable charges.
(Rev. Ords. 1962, § 6034; Ord. of 5-21-73; Ord. of 10-22-90)
31-10 Notice of discontinuance of use of water required.
Any person desiring to discontinue the use of water shall give notice at the office of the department, and service rates shall be chargeable until the water is shut off at the corporation cock.
(Rev. Ords. 1962, § 6010)
31-11 Turning water off or on.
No person, unless authorized by the public works department, shall turn on or shut off the water at the curb or machine stop to any house or premises; nor, unless turned on by one so authorized, shall a person draw or use water from the city waterworks.
(Rev. Ords. 1962, § 6010; Ord. of 10-22-90)
31-12 Notice of shutoff.
(a) Whenever it becomes the duty of the public works director or his/her designee, under the provisions of this chapter, to shut off water, he/she shall, unless herein otherwise specified, give the user of water on the premises in question not less than twenty-four (24) hours’ notice of the time when the water will be shut off unless the provisions of this chapter and the regulations of the department are complied with.
(b) In case any such person fails and neglects to comply with such notice within thirty (30) days, or any person constructs and maintains a new physical connection contrary to the requirements of this chapter, or fails to correct any defect or fault in any physical connection, vault or pit within thirty (30) days after receiving notice of the same, or refuses to permit said public works director or his/her designee at any time to inspect said physical connection, vault or pit, said public works director or his/her designee, upon giving such person twenty-four (24) hours’ notice, may shut off the supply of city water and shall not turn the same on again until such person complies with the requirements of this chapter.
(Rev. Ords. 1962, §§ 6035, 6044; Ord. of 5-21-73; Ord. of 10-22-90)
31-13 Shutting off hydrant or fireplug; notice to fire department.
Whenever the public works director or his/her designee, or the person acting in his/her stead, shall shut off the water from a hydrant or fireplug in any part of the city for repairs or other proper cause, he/she shall immediately give notice thereof to the chief engineer of the fire department at his/her office or, in the absence of the chief engineer, to the officer in charge, and shall state in the notice particularly to what extent the hydrants and fireplugs are so rendered unavailable for fire service, and he/she shall also notify the chief engineer, or officer in charge, when the hydrants and fireplugs are again in working order. Such notice shall be given in person or by special messenger.
(Rev. Ords. 1962, § 6036; Ord. of 10-22-90)
31-14 Shutoff of water supply or line of pipe; notice to users.
When the public works director or his/her designee shall have cause to shut off the supply of water on any line of pipe for repairs, he/she shall immediately notify the users on the line of pipe to be shut off, stating as nearly as possible the length of time such supply will be shut off; provided, however, that in case of emergency the water may be shut off without notice, in which case notice of the fact shall be given the users on the line of pipe so affected as soon as possible after shutting off the water.
(Rev. Ords. 1962, § 6038; Ord. of 10-22-90)
31-15 New services.
No new service shall be attached to a water main except on written application, as required by section 31-2, signed by the owner of the premises to be supplied or his/her duly authorized agent; provided, that when permanent construction work is being done on any street, the board of public works commissioners may, at full expense of the same to the owner, attach to the water main a new service in such street and a lateral pipe laid to the street line for every fifty (50) feet of frontage, or the larger part thereof, of any vacant land on said street connecting the vacant land with the water main; and provided further, that each dwelling fronting on a street shall be supplied through a separate meter. The mains shall be tapped and ¾-inch lateral pipes laid by the city to the line of the street, the owner to pay full cost of the labor and materials used in tapping the main and laying such pipe. If, in the judgment of the public works department or the public works commissioners, a service of less than ¾-inch pipe now attached to a water main should be replaced by ¾-inch pipe or larger, the city shall make such change and the owner shall pay full expense of the same.
(Rev. Ords. 1962, § 6002; Ord. of 10-22-90)
31-16 Services to be installed by water department.
All services, except fire service, from the street line to the building served shall be installed by the water department unless authorized by the public works director or his/her designee. If such authorization is given, a public works inspector must be present at the cost of the owner.
(Rev. Ords. 1962, § 6006; Ord. of 5-11-70; Ord. of 5-25-70; Ord. of 12-8-70; Ord. of 10-22-90)
31-17 Reserved.
Editor’s note—An ordinance of Oct. 22, 1990, amended the Code by deleting provisions formerly codified as § 31-17, pertaining to water services of larger than one inch, and derived from Rev. Ords. 1962, § 6002.
31-18 Department to deal with owner.
The water department, in laying a new service to any premises and in repairing, maintaining or renewing the same, and in furnishing water, doing work or furnishing material for said service shall deal only with the owner of the premises or his duly authorized agent, and the owner of any premises desiring to use city water on the same and on any premises to the line of which a service connection with the water main has been installed shall keep the water department advised of the address to which bills, notices and other communications to him may be delivered.
(Rev. Ords. 1962, § 6003)
31-19 Owners responsible to pay charges and assessments.
Although another person may pay the service rate, the owner of the premises shall be held responsible for such rate and for one-half of all expenses of installing a new service and repairing any services from the water main to the street line and all expense inside the street line.
(Rev. Ords. 1962, § 6003)
31-20 Charges to constitute lien on property; collection of delinquent charges; appeal.
(a) All costs of materials and labor chargeable to the owner for installing a new service from the water mains to the lands and buildings served, for keeping such service connection in repair, for renewing the same when necessary, and for replacing any and all parts of such service, as well as all service charges, shall constitute a lien in the nature of a tax upon the real estate so supplied with water. For the purpose of enforcing such lien and the payment of said costs and charges, the department may proceed to collect the same in the manner prescribed in the City Charter for the collection and enforcement of assessments made in laying out streets and highways, provided such charges remain unpaid for a period of thirty (30) days beyond the date such payment was due, and provided further that no appeal has been filed by the owner pursuant to subsection (b) of this section. Prior to sale at public auction of the premises involved, the owner shall be notified by certified mail, return receipt requested, of the lien upon the property in question. Such lien may also be enforced by suit in the superior court in the nature of foreclosure proceedings. A change of tenants or owners will not relieve the premises from such lien. Failure, neglect or delay on the part of the public works commissioners to proceed under this section or the acceptance by the public works department of payment of charges accrued or of any costs for labor and material incurred at any time or the incurring of past-due costs for labor and material shall not constitute or be construed as a waiver of said lien on the premises for such past-due costs or a waiver of the right to enforce the lien on the same for such past-due rates and costs and payment of such rates and costs. Bills or charges which remain unpaid on the due date shall bear interest at the rate of twelve (12) percent per annum. The due date shall be clearly marked on the bill and shall be at least thirty (30) days after mailing of the bill. Interest shall not accrue to the extent of any delinquency which is due solely to a disputed portion of the bill which is then the subject of an appeal pursuant to subsection (b) hereof.
(b) Any owner who feels that charges for materials and labor are excessive may appeal in writing to the director of public works within thirty (30) days from the date of invoice designated on the bill. Upon appeal, the director of public works or his/her designee shall investigate the charges and, if appropriate, adjust such charges accordingly, informing the person appealing of any decision rendered and of his/her right to appeal to the commission. The director of public works’ decision shall be rendered within thirty (30) days from the date of the director of public works’ receipt of the appeal. If the owner is dissatisfied by the decision of the director of public works, he or she may appeal the director of public works’ decision by filing, within five (5) days of the director of public works’ decision, a written appeal with the public works commission. Upon receipt of said appeal, the commission shall set the matter for hearing at its next meeting, but in no case shall the hearing occur later than thirty (30) days after the filing of the appeal. The commission may, where appropriate, adjust the charges. The decision of the commission shall be final.
(Ord. of 1-4-82; Mo. of 1-4-82; Ord. of 10-22-90)
31-21 Written permission to make connections or alterations required.
No person shall connect a water closet, bathtub, fountain, machine, faucet or any other apparatus whatever with the city water supply, except with a metered section thereof, without first obtaining permission in writing to do so from the city engineer or his/her designee. No person shall use water supplied by the city water department, tap the mains or a pipe leading therefrom, or attach pipes thereto for the purpose of extending or altering the service pipe upon his or her premises, except as above provided, without first applying to the city engineer at his/her office and signing an application for the same, stating the purpose for which he or she wishes to use the water, and first obtaining the permission of the city engineer in writing. No change or alteration in any pipe or fixture supplied with city water nor any change or alteration in the position of any cutoff placed back of all fixtures shall be made except by and with the consent and permission of the city engineer.
(Rev. Ords. 1962, § 6012; Ord. of 10-22-90)
31-22 "Physical connection" defined, prohibited.
(a) As used in this section "physical connection" shall mean any cross-connection, bypass, valve, pipeline, auxiliary intake or other similar device which permits or may permit any flow of water into the city water supply from any other water supply unapproved by the state board of health for drinking purposes.
(b) No physical connection shall be constructed or maintained by any person at any time.
(c) Commencing as of January 1, 1992, all services one and one-half (1 1/2) inches and larger shall be equipped with a backflow preventer. All backflow prevention devices must comply with the rules and regulations of the department of public works. It shall be unlawful for any person to utilize a service after January 1, 1992, unless the service is equipped with a functioning backflow preventer per the provisions of this section.
(Rev. Ords. 1962, §§ 6039, 6040; Ord. of 10-22-90)
31-23 Owners responsible for keeping service pipes in good repair.
(a) All persons taking water from the water department shall keep the service pipe within their premises in good repair and fully protected from frost and shall prevent all unnecessary waste of water.
(b) If any person fails to keep such service pipe in good repair and protected from frost after receiving notice to do so from the public works director or his/her designee, the water department may, at the expense of the owner, make such repairs and furnish such labor and material as may be required to protect fully said service pipes from frost.
(Rev. Ords. 1962, § 6006; Ord. of 5-11-70; Ord. of 5-25-70; Ord. of 12-8-70; Ord. of 10-22-90)
31-24 City not liable for leakage or obstructions.
The city shall not be liable for leakage of hydrants, pipes or fixtures in any part of the service connection from the water main to the property and buildings served, nor for any obstructions therein by frost or otherwise, nor for any damage resulting from any of the foregoing causes.
(Rev. Ords. 1962, § 6006; Ord. of 5-11-70; Ord. of 5-25-70; Ord. of 12-8-70)
31-25 Water department may repair pipes without notice to owner.
The water department may repair pipes without notice to owner if owner cannot be reasonably notified.
(Rev. Ords. 1962, § 6006; Ord. of 5-11-70; Ord. of 5-25-70; Ord. of 12-8-70; Ord. of 10-22-90)
31-26 Repairs at request of owner to be paid for in full by owner.
Whenever the water department, at the request of an owner, installs service pipes and fixtures on his premises, or repairs or renews the same, the cost of all materials and labor for such installation, repairs or renewal shall be paid by the owner and shall constitute a lien upon the premises in the nature of a tax, to be enforced as provided in this chapter.
(Rev. Ords. 1962, § 6006; Ord. of 5-11-70; Ord. of 5-25-70; Ord. of 12-8-70)
31-27 Material used for fire service entrances to be approved by water department.
No materials and methods shall be utilized for fire service entrances unless approved by the water department.
(Rev. Ords. 1962, § 6006; Ord. of 5-11-70; Ord. of 5-25-70; Ord. of 12-8-70)
31-28 Withholding water for failure to comply; fee.
The public works commissioners may withhold the water supply from any person failing or refusing to comply with any of the provisions or requirements of this chapter or the regulations of the department approved by the city council. A failure, neglect or delay on the part of the public works commissioners to withhold water from users neglecting or refusing to comply with any of the provisions or requirements of this chapter shall not constitute or be construed as a waiver of their right so to do and they may at any time, after finding that a user of city water is violating any section of this chapter, cause the water to be shut off and to remain off from the premises of the user of the city water until he/she shall have fully complied with all of the requirements of this chapter and the regulations of the department and shall have paid to the director of public works or his/her designee, for the use of the city, a minimum service charge of one (1) hour at the then-prevailing materials and labor plus equipment minimum service charge of one (1) person/hour for cutting off and turning off the water. The refusal or failure of any person to comply with any of the requirements of this chapter or the regulations of the department shall constitute and be considered a relinquishment of all right to use city water and shall further render the party or parties liable to criminal prosecution.
(Rev. Ords. 1962, § 6028; Ord. of 5-21-73; Ord. of 10-22-90)