[R.O. 1993 § 700.010; Ord. No.
2280 § 1(A), 12-13-1994; Ord. No. 2322 § 1, 1-30-1997; Ord. No. 2512 § 1, 10-8-2002; Ord. No. 2518 § 1, 1-14-2003; Ord. No. 2672 § 1, 9-16-2008; Ord. No. 2779 § 1, 6-12-2012]
A. The
following rules are hereby adopted for the government of the water
supply service of the City of Charleston, Missouri.
1. Every residence and business located within the Charleston City limits
is required to use water supplied by the City and is required to be
served by a City water line if such service is available or can be
made available. The use of on-site water wells for human consumption
or for ordinary household or business uses is prohibited. This provision
does not prohibit use of on-site wells for exterior landscape irrigation
purposes.
2. Application For Water Service. Any person desiring to use water from
the mains of the City water system shall file a written application
with the City Collector in the form to be prescribed by the City Manager,
which application shall state fully all the purposes for which water
is required. Said applicant shall answer, without concealment, all
proper questions relating to water consumption, and said application
shall contain an agreement that said applicant will be governed by
the rules and regulations of the City.
3. Unlawful Use Of Water — Ordinance Violation. Any person who
shall take water from the City mains without first making a written
application to the City Collector therefor, or who shall hereafter
knowingly use water from the City mains without paying or agreeing
to pay for same, shall be guilty of an ordinance violation.
4. No Liability For Service Disruption. It is hereby a condition precedent
to the use of water by any consumer that no damage nor compensation
shall be demanded from the City of Charleston for any injury caused
by the breakage of any service pipe, or by the shutting off of the
water to repair the mains, or by shutting off the water for any other
purpose.
5. No Connection Or Alteration Without Permission. No addition or alteration
whatever to any tap pipe or water cock or other fixture shall be made
or caused to be made except upon permission from the Public Works
Director, and no connection with the mains of the City shall be made
without permission from the Public Works Director and under his/her
supervision. Any person violating this rule shall be guilty of an
ordinance violation.
6. Repair Of Service Pipes, Etc. All persons supplied with water will
be required to keep the service pipes, stop cocks and other fixtures
connected on their premises in good repair.
7. No Continuous Flow Without City Permission. No continuous flow of
water, except by consent and with the full knowledge of the Public
Works Director, will be allowed.
8. Maintenance Of Stop Boxes. The consumer must see that the top of
the stop boxes at the curb where the water is turned off and on are
in order and kept from being covered in any manner.
9. Application For Service Turn Off, Restoration. Any consumer desiring
water cut off at any time shall make written application to the City
Collector. Any consumer who desires to have the water again turned
on shall make application to the City Collector.
10. Shut Off, Restoration Fee, Etc. Whenever the charge for the use of
water is delinquent, the City Collector shall notify the Public Works
Director, who shall immediately shut off water service to the premises,
and the water shall not be turned on until all past due charges and
fees have been paid in full, together with all late payment penalties,
a new security deposit and a restoration fee of fifty dollars ($50.00).
11. Payment Due — Delinquency Penalty.
[Ord. No. 2814 § 1, 11-12-2013; Ord. No. 2956, 3-12-2019; Ord. No. 3080, 9-12-2023]
a. All water charges shall be due and payable on the first day of each
month for the preceding month and shall be delinquent on the 21st
day of each month if not paid in full before such date. The City Collector
shall assess and collect a late payment penalty of thirteen dollars
($13.00) upon all delinquent water accounts for each month that said
accounts remain unpaid.
b. If one (1) entity is billed for and pays for multiple users (for
example, a multifamily complex with the landlord paying utility bills
for multiple tenants), the late payment fee will be assessed against
all individual user fees not paid in full by the 21st day of the month.
12. Liability For Payment, Exemption.
[Ord. No. 2953, 2-12-2019; Ord. No. 2974, 1-14-2020]
a. A water and sewer service customer who requests the City to provide
water and sewer service to the premises such customer owns and/or
occupies, and the owner of such premises to the extent and upon the
conditions set forth in Section 250.140, RSMo., shall be jointly liable
for all charges for such services, together with deposits, late payment
penalties, service call charges, connection fees, restoration fees
and all other fees or charges for water and sewer services provided
to the premises. Residential water and sewer service which is terminated
by the City due to non-payment shall be billed for the full month
during which service is terminated regardless of the date of termination,
but shall not be billed after the end of such month until and unless
such service is restored by the City upon receipt of full payment
of all past due charges, late payment penalties, connection fees,
restoration fees and all other fees related to service termination
and restoration. As required by Section 250.140, RSMo., the City shall
make a good faith effort to notify the owner of the premises receiving
such municipal services (who is not also the occupant thereof) when
the occupant (water and sewer service customer) is delinquent in payment
for thirty (30) days to inform the owner of the delinquency and amount
thereof. As provided by State law, such owner shall be liable for
amounts due not to exceed ninety (90) days of such municipal services.
In addition, any notice of termination of service shall be sent to
both the occupant and the owner of the premises receiving such municipal
services. As authorized by Section 250.140, RSMo., the City shall
have the power to sue said occupant or owner, or both, to recover
any sums due hereunder less any deposit held by the City, and may
recover reasonable attorney fees as fixed by the court. The City may
also file a statutory lien upon the premises for unpaid sewer services
as authorized by Section 250.234, RSMo., if the City first provides
the owner with notice of default and an opportunity to be heard before
such lien is filed and recorded. If the City obtains a judgment against
the owner for non-payment of delinquent water service as set forth
above, the City may also record said judgment as a judicial lien upon
the premises.
b. The City shall terminate immediately, without further notice required, water service to any premises found to have water service illegally turned on without an owner or occupant first having opened a properly recorded water service account with the City, or to any premises found to have water service illegally turned on after termination by the City without the owner or occupant, if responsible for such amounts, first having paid delinquent water bills, including penalties, restoration fees, connection fees and other fees applicable to termination. Any owner, occupant or other person who knowingly turns on water service without a City permit shall be subject to prosecution for illegal connection to and tampering with the City's water supply and/or theft of water service as provided in Section
700.120 and Section
215.310 of the Charleston Code of Ordinances.
13. City Access For Compliance Inspections. The Public Works Director
or his/her designee shall have access at all proper hours of the day
to all parts of the building or premises in which City water is used
to examine the pipes and fixtures for the purposes of ascertaining
whether or not the rules are being complied with and determining the
proper water rate to be charged.
14. Water Rate Charges Commence, Date Due. The water rates shall commence
immediately after the water connection has been made by the City and
shall be due and payable on the first day of the month immediately
following the actual connection.
15. No Permit Issued To Customer Owing Delinquent Tax Or License Fee. No person, firm or corporation shall be granted a permit to use water from the mains of the City who shall owe the City any delinquent personal tax, real estate tax or any license or tax levied on any business or occupation in the City of Charleston, Missouri, under the provisions of Chapter
605 of the Code.
16. Security Deposit. A security deposit shall be required of all water
customers to be collected by the City Collector before service is
provided and retained without liability of interest. For non-metered,
residential accounts, the security deposit shall be an equal amount
to twice the monthly municipal utility service fees (i.e., water,
sewerage, and waste disposal) plus twice the penalty for non-payment
(i.e., two (2) months) and for metered accounts, the security deposit
shall be equal to that for residential accounts. The deposit shall
be applied to delinquent accounts that have been shut off due to non-payment.
However, residents shall be required to pay to the City Collector
a new security deposit and all amounts due for delinquent water bills,
together with late payment penalties, connection and/or restoration
fees, before water service is restored or renewed.
[Ord. No. 3049, 8-9-2022]
17. Service Fees.
[Ord. No. 2894 § 1, 1-10-2017]
a. Water Service Fees. In addition to all other required fees, deposits,
penalties, and restoration fees the City Collector shall assess and
collect a service fee of twenty-five dollars ($25.00) for each service
trip made to a residence or business by a City employee, except that
each residence or business shall be entitled to four (4) service trips
per day Monday through Friday during normal business hours without
charge. After normal business hours, which may vary by time of year,
or any time on Saturday, Sunday, or a City work holiday, a service
fee of fifty dollars ($50.00) is to be assessed and collected by the
City Collector for each and every service trip to a residence or business.
b. Sewer Service Fees. If a resident or business requests City service
for a clogged or obstructed sanitary sewer line during normal working
hours, there will be no charge for the service trip. If a service
trip is made by the City after normal working hours or at any time
on a Saturday, Sunday, or City work holiday and if there is no problem
found with the City sewer line, the City Collector shall assess and
collect a fee of fifty dollars ($50.00).
B. This
Section shall not apply to water connections made to or on vacant
lots until it is shown that water is actually being used.