[Adopted 7-28-2010 by Ord. No. 304]
This article shall be known and cited as the "Village of New
Haven Water System Ordinance." This article shall repeal all ordinances
conflicting with the provisions herein, including, but not limited
to, Ordinance Nos. 153, 213, 214, 244 and 270.
This article is adopted pursuant to the authority conferred
by the laws of the State of Michigan for the purpose of promoting
and protecting the public health, safety and the general welfare of
the inhabitants of the Village of New Haven and to regulate and control
a system of water for the Village of New Haven and its citizens.
A.
Use. The Village has acquired and constructed in various areas of
the Village certain water mains, laterals and distribution facilities
to transport and distribute potable water obtained from the Detroit
Water and Sewerage Department and, at times, from backup wells as
determined to be necessary. These facilities and related properties,
structures, equipment, materials and/or appurtenances used in conjunction
with the purchase and transportation of potable water for human consumption
and fire protection comprise the Village of New Haven water system.
B.
Operation. The operation, maintenance, alteration, repair and management
of the water system shall be under the Supervision and control of
the Village Council. The Village Council may employ a Superintendent
to manage the water system, and such other person or persons the Village
Council deems necessary and advisable for the maintenance and operation
of the water system.
C.
Provisions deemed incorporated in all contracts. The provisions of
this article shall be deemed incorporated and a part of every agreement
or contract to furnish water by the Village to any consumer. All persons
using water from the water system shall be deemed to have agreed to
be bound by the terms and provisions of this article and all provisions
herein.
A.
For the purposes of this article, the following rules of construction
apply:
(1)
Words used in the present tense shall also include the future tense;
(2)
Words in the singular include the plural, unless the context clearly
indicates the contrary;
(3)
The term "shall" means mandatory and not discretionary;
(4)
The word "may" means permissive; and
(5)
A word or term not interpreted or defined herein shall be used with
its plain and ordinary meaning.
B.
BOND
CAPITAL CHARGE
COMMERCIAL USER
COMMODITY CHARGE
CONNECTION CHARGE
CONSUMER or CUSTOMER
CONSUMER'S INSTALLATION OR SERVICE CONNECTION
CORPORATION STOP
CURB STOP
CURB STOP BOX
DEPARTMENT
DETAIL SHEETS or WATER DETAIL SHEETS
DWELLING UNIT or SINGLE-FAMILY DWELLING UNIT
GOVERNMENT USER
HYDRANT CHARGE
INDUSTRIAL USER
INSPECTOR
INSTITUTIONAL USER
METER BOX
MOBILE HOME, TRAILER COACH or MANUFACTURED HOUSING UNIT
OPERATION AND MAINTENANCE COSTS
PERSON
PREMISES
PRIVATE MAIN
READINESS-TO-SERVE CHARGE
RECURRING RATES AND CHARGES
REPLACEMENT COSTS
SERVICE CONTROL VALVE
SERVICE CONTROL VALVE BOX
SUPERINTENDENT
TAP
TAP-ON CHARGE
USER CHARGE
USER CLASS
VILLAGE
VILLAGE COUNCIL
WATER CONNECTION
WATER CONNECTION
WATER EXTENSION
WATER LATERAL BENEFIT CHARGE
WATER MAINS or WATER SYSTEM
WATER SERVICE CHARGE
Unless the context specifically indicates otherwise, the meaning
of terms used in this article shall be as follows:
The Series 1989 Bonds, together with any additional bonds
of equity standing hereafter issued.
Is a connection charge based on meter size, and shall include
the cost of the meter, meter placement, and an amount determined by
the Village Council to purchase use rights in the water system.
All nondomestic users, other than industrial users, as defined
herein, including but not limited to the following: a publicly or
privately owned facility where persons are engaged in the exchange
or sale of goods or services, hospitals, and retail establishments.
A charge for water use and shall be sufficient to finance
all operation, maintenance, replacement and capital costs of the water
system not otherwise financed by the readiness-to-serve charge.
A monetary fee that shall be paid for all connections made
to the water system.
Any person served by or legally using water from the water
system.
All pipes, valves, stops, plumbing and contrivances of every
kind and nature used in connection with, or forming a part of, the
consumer's installation for utilizing water for any purpose, connected
directly or indirectly with the corporation stop at the main, whether
such installation is owned outright or used under lease or otherwise,
by the consumer.
A valve which is inserted into the main for the connection
of the water supply service pipes in sizes up to and including two
inches in diameter.
A valve for insertion in the services pipes, in size of 3/4
inch to two inches in diameter, inclusive, at or near the property
line.
A box or metal housing which encloses, protects and provides
access to the curb stop.
The Department of Public Works for the Village of New Haven.
Drawings and specifications for material and minimum standards
for construction of water facilities, equipment, and mains prepared
by the Village Engineer and approved by the Superintendent.
As that term is hereafter used for computing water charges
and fees, is defined as any structure or part thereof containing within
its separate confines all necessary facilities for the use thereof
as a dwelling unit for human habitation, and including, but not limited
to, a single-family home, a dwelling unit within a multiple housing
structure (apartment, condominium) and a mobile home (trailer coach,
manufactured housing unit).
Any federal, state or local government user of the water
system.
An annual charge for each fire hydrant for the potential
use of said hydrant and availability of water to be paid by the Village
or at the direction of the Village to the water system. The charge
shall be payable from the current funds of the Village, or from the
proceeds of taxes which the Village within constitutional and statutory
limits, is hereby authorized and required to levy in an amount sufficient
for that purpose.
Any user facilities engaged in industry, manufacturing, business,
trade or research, including the development, recovery or processing
of natural resources.
The Village of New Haven Plumbing Inspector or his/her authorized
representative.
Any establishment listed in the Office of Management and
Budget's "Standard Industrial Classification Manual" involved in a
social, charitable, religious, or educational function which, based
on a determination by the Village, discharges primarily segregated
domestic sewerage waste or waste from sanitary conveniences.
Any approval box or vault for the housing of water meters.
Any vehicle designated, used, or so constructed as to permit
its being used as a conveyance or to be conveyed upon the public streets
or highways and constructed in such a manner as will permit occupancy
thereof as a dwelling or sleeping place for one or more persons.
All direct and/or indirect costs, other than debt service,
necessary to insure adequate water distribution and treatment in conformance
with related federal, state and local requirements. Such costs include
replacement costs and payments made to other agencies for water treatment
and transport to the Village.
Any individual, firm, company, association, society, corporation,
or other legal entity.
A parcel of real estate owned by a person served as a single
user by a water service connection. Each mobile home park is considered
separately as a premises.
Any system of water pipes, valves, fittings, equipment and
appurtenances used to distribute water within the area served by the
water system, but owned privately by any person.
A charge to finance part or all administrative expenses,
meter reading expenses, and other annual operating expenses of the
water system. This charge shall be billed based on meter size.
Water use rates and any other rates and charges hereinafter
established, or established by resolution of the Village Council,
which are payable in installments or on a recurring basis.
Expenditures for obtaining and installing replacement equipment,
accessories or appurtenances to maintain the capacity or performance
of the existing system.
A valve for installation in water service pipes, located
at or near the main.
A box or metal housing which encloses, protects and provides
access to the service control valve.
Is the Superintendent of the Department of Public Works for
the Village of New Haven as designated by the Village Council from
time to time, by contract or otherwise.
The drilling and threading of an opening in a main for insertion
of a corporation stop.
A connection charge to cover the costs of labor, materials,
equipment and administrative expenses to tap the water main and extend
the water connection to the curb box.
A charge levied on users of the water system for the cost
of operation and maintenance of the water system, and includes the
cost of replacement. This fee consists of a readiness-to-serve charge
and a commodity charge.
The kind of user connected to the water system, including
but not limited to residential, industrial, commercial, institutional,
and governmental.
The Village of New Haven, County of Macomb, State of Michigan.
The Village Council, Village of New Haven, Macomb County,
Michigan as elected from time to time and as defined by law.
That part of the user's water system between the Village's
water main and the curb box which is located approximately one foot
inside the user's property line.
That part of the water system between the Village's distribution
main and the curb stop which is located approximately one foot inside
the property line.
That part of the water system extending from the end of the
water connection into the premises served an ending at and including
the meter shutoff valve.
A connection charge per parcel footage facing the main to
be paid by any premises making a connection to any public water main,
which main has not been privately constructed and paid for on behalf
of the premises, or publicly financed at least in part by special
assessments levied against the property on which the premises are
located. The charge is to be adjusted from time to time to reflect
an average cost of construction, design, survey, inspection, financing
and related costs to build a new water main. Any cost difference between
the main's original cost and the lateral benefit charge shall be considered
a return on investment, weather real or deferred.
The system of water pipes, valves, fittings, equipment and
all appurtenances used to distribute water throughout the area served
by the water system, whether located on public property or on private
property over which easements have been provided.
The sum of the applicable user charge, surcharges and debt
service charges.
A.
Application for connection. No service connection shall be constructed
for the purpose of introducing water into a premises until an application
for a permit for such connection has been made in writing to the Village
Building Department. The applicant shall be furnished a form and the
form shall be filled out in all details and filed with the Village
Building Department. The Superintendent shall review the application
and determine if the connection complies with the provisions of this
article, any requirements of the Detroit Water and Sewerage Department,
State law, and that the water system has the capacity to properly
serve the connection. If the connection is approvable, the applicant
shall be notified and required to pay all fees and charges required
by this article.
B.
Water service connections.
(1)
Water service connections shall only be installed by the Village,
or by a contractor approved by the Village, upon prepayment of any
connection charges and other costs to make the connection and furnish
the meter. The Village will require the installation of a brass curb
stop with a stop box which shall be placed approximately one foot
inside the property line. The curb stop shall be under the exclusive
control of the Village. No person other than an authorized employee
of the Village shall open or close, or otherwise interfere with such
curb stop. In an emergency, with the prior authorization of the Superintendent,
a licensed plumber may close and reopen the curb stop. Whenever any
plumber or contractor shall make application to the Department for
any tap, he/she shall exhibit all plumbing and excavation permits
that may be required from the Village or any other authority having
jurisdiction.
(2)
The minimum size connection for single-family residential dwelling
unit shall be 3/4 inch diameter. All other connections shall be one-inch
minimum diameter. For all connections, except single-family dwelling
units, the Superintendent shall review the potential maximum demand
on the water system to be furnished by the connection and determine
the size of consumer's connection and water meter required based on
American Water Works Association guidelines, or other guidelines adopted
by the Superintendent from time to time.
(3)
Water services between 3/4 inch to two inches in diameter shall be
made using Type K copper or HDPE pipe and fittings approved by the
Superintendent and Village Engineer. Larger connections shall be made
with ductile iron pipe, cement lined, in compliance with the detail
sheets adopted by the Superintendent. All connection services and
customer's connection pipe and equipment shall be laid to a minimum
depth of five feet. No water connection shall be laid in the same
trench as a sewer pipe or sanitary service connection without the
written authorization of the Superintendent. When the water service
is permitted in the trench with a sewer pipe, it shall be constructed
laid on an undisturbed ledge of original soil, 18 inches minimum above
the top of the sewer pipe and with three inches lateral clearance
to the nearest outside wall of the sewer pipe.
(4)
The water service pipe to any building shall be of sufficient size
to permit a continuous and ample flow of water on all floors at all
times. It shall be so graded in size as to make the equal distribution
of the water to the respective risers and branches in accordance with
the need of the fixtures or flushing medium employed. Frictional losses
in piping, meters, valves, fittings, and faucets shall be considered
and allowance made, according to maximum usage demand and average
pressure, when piping size is estimated.
(5)
The connection of the service pipe to the corporation stop shall
be made by the use of an approved adapter fitting. The pipe shall
be laid to provide for earth settlement and for contraction and expansion
through arching or bending to form an expansion loop in the form of
a half "S" bend, and shall contain at least six inches of excess material
to provide for settlement and flexibility. Only compression unions
shall be used for connections.
(6)
The service line shall be laid out to the main at right angles to
the face of the building at the point where the service line enters
the face of the building. Service lines to buildings without basements
shall be laid from the main in front of the building, and at right
angles to the face of the building. From this point, the service line
may be offset to pass the building in a line parallel to the side
of the building, inside the property line and as close to the building
as practicable. If such procedure does not enable the service line
to approach the main at right angles, no plumber, contractor, or any
other person shall proceed with such work unless he notifies the Department
and receives specifications for the completion of the work. The service
trench shall not be backfilled until the connection has been completed
and the Department has approved the installation. Clean earth or sand
shall be carefully tamped every two feet above the top of the service
line. This material shall be carefully and solidly rammed with the
proper tools. The use of clay for such purpose is prohibited.
(7)
No drainage or plumbing system or part thereof shall be covered,
backfilled or floored until it has been inspected, tested and approved
as prescribed in this article.
(8)
If any building drainage or plumbing system or part thereof which
is installed, altered or repaired, is covered before being inspected,
tested and approved as prescribed in this article, it shall be uncovered
for inspection after notice to the plumber, contractor, owner, or
other person to uncover the work has been issued by the Superintendent.
(9)
In no event shall a consumer extend any service pipes or plumbing
across any public way, or to an adjacent property in order to furnish
service thereto, even though such adjacent property be owned by him.
(10)
Whenever water is to be supplied to several persons in apartments,
offices or stores, all located in a single building and supplied through
one service, the Department shall contract with one person who shall
be responsible for the payment of water bills in accordance with the
rates set forth herein.
C.
Use on one connection limitations. Separate premises shall have separate
service pipe installations, curb stops, curb boxes, and shall be separately
metered under this article.
D.
Consumer's responsibility.
(1)
The consumer shall assume all responsibility for the water service
upon the premises from the curb stop, and for the service pipes, apparatus
and plumbing used in connection therewith.
(2)
To the extent allowed by law, the consumer shall indemnify, hold
harmless and defend the Department, the Village of New Haven and the
elected officials, against all claims, demands, cost or expense for
loss, damage or injury to persons or property in any manner, directly
or indirectly, growing out of the transmission and use of water by
the consumer from his service pipes or installation.
(3)
The consumer shall maintain all service pipes free from leaks at
all times. Whenever a leak appears in a consumer's installation, which
allows water to escape without registering upon the meter, the Department
shall give the consumer written notice thereof and the consumer shall
immediately proceed to repair such service pipe. If such repairs have
not been completed within 48 hours after notice has been given, the
Department may discontinue the service by shutting off the water at
the curb stop or by excavating to and closing the corporation stop.
The cost of excavating and shutting off such service shall be paid
by the consumer (and the consumer and owner are jointly and severally
liable) before service is restored. If, in the judgment of the Department,
any leak on the consumer's installation is of such nature as to endanger
public safety or constitute a nuisance or a source of waste, the Department
may shut off or discontinue such service without previous notice to
the consumer; service shall not be restored until such leak is repaired.
(4)
If a consumer voluntarily elects to discontinue water service, whether
on a temporary or permanent basis, the customer is responsible for
any and all maintenance from the curb stop throughout the premises.
A.
Discontinuance of service for nonpayment. If discontinuance of service
is due to violation of any of the rules and regulations of the Department
or the provisions of this article, for nonpayment of any charge or
assessment for repair of damage to the system or its equipment, or
for nonpayment of water bills, a fee will be charged to discontinue
or reconnect service in an amount established in this article or by
the Village Council from time to time and shall be collected in the
same manner as any other water service bill. Disconnection and reconnection
fees shall be paid in full prior to reconnection of the service.
B.
Discontinuance of service at customer's request. The Village will
disconnect or reconnect a customer service upon written request of
the customer of record. A fee will be charged for each disconnect
and reconnect of service in an amount established by the Village Council
from time to time. This fee shall be paid at the time the application
for disconnection or reconnection is submitted. Any other outstanding
fees and charges shall also be paid at that time. The additional fee
shall not be assessed where the connection and disconnection to the
water system is required for maintenance or emergency repairs on the
water system.
[Amended 3-10-2015 by Ord. No. 334]
C.
Notice required for vacating premises and change of occupancy. When
premises are to be vacated or there is a change of owner, occupant
or agent, prompt notice shall be given to the Department and the Village
water billing office. The consumer may discontinue service by giving
not less than 24 hours' notice to the Department during its regular
office hours.
All meters, mains and other equipment and appurtenances installed by the Department at its own expense shall remain the property of the Department. No unauthorized person shall disconnect or modify any meter, connect to a meter, or disturb any piping between the meter and the Department's distributing system after the meter has been set. The consumer shall at all times properly protect the meter from freezing or warping of the disc by hot water or by other unnecessary damage and shall be liable for the cost of any repairs required by the consumer's negligence. Nonpayment of any charges assessed pursuant to this section shall be grounds for discontinuance of service as provided under § 495-33A of this article.
B.
Second
meter for lawn/yard sprinkling. In accordance with an application
process, fee schedule and policy of the Village of New Haven, a second
meter for the sole purpose of metering lawn/yard sprinkling shall
be permitted and said amounts of water so metered shall not be included
in any sewer charges, if any.
[Added 5-22-2014 by Ord.
No. 322]
A.
The Superintendent shall, from time to time, promulgate, subject
to the approval of the Village Council, such regulations for the operation
and use of the water system as shall be deemed expedient and necessary
to effectuate this article, and such regulations shall be and become
part of this article and enforceable hereunder.
B.
In the event of an emergency, to protect the public health, safety
and general welfare of the people, the Superintendent shall take such
action necessary to protect the public health, safety and welfare.
C.
The Superintendent may, whenever deemed it necessary to conserve
water for household and industrial uses, declare an emergency and
require that sprinkling of lawns, gardens, shrubs and trees and washing
of private automobiles be limited at such periods as it deems advisable
to insure an adequate supply of water for household and industrial
uses. An emergency declaration notice shall forthwith be published
in a local newspaper of general circulation and shall contain the
rules and regulations limiting the periods and setting forth the regulations
governing the use of water by residents of the Village. The Superintendent
may substitute a mailed or Village employee delivered notice in lieu
of the newspaper notice if he determines such notice to be necessary
for the protection of the public health, safety and welfare. Violation
of the regulations so determined and published shall constitute a
violation of this article.
D.
The penalty prescribed in this article shall apply to any violation
of such new regulations placed in effect under this section.
A.
Contractor license. The Superintendent shall maintain a flexible
list of approved contractors. The Superintendent shall maintain a
set of criteria for inclusion on the approved list which shall include,
at a minimum, a reference requirement, bonding ability proof of requisite
insurance coverages and licensure.
B.
Permits.
(1)
Permits shall be obtained from the Building Department before any
person shall install water service equipment. Permits shall only be
issued to plumbers or contractors that have been licensed by the State
of Michigan and approved by the Superintendent. Nothing herein contained
shall be construed to prohibit any person from performing any work
on premises owned by him, provided a permit is procured and such work
is performed in accordance with the provisions of this article.
(2)
Before repairing and altering services, a permit shall be procured
from the Building Department. In the event of an emergency when the
Building Department offices are closed, such work may be performed
without a permit; provided, that the person doing such work shall
notify the Building Department on the next succeeding business day
and pay the fees which would normally have been required for the issuance
of the permit.
(3)
Applications for permits shall be made at the Building Department
offices in the form and manner prescribed. Complete information shall
be furnished regarding the proposed installation or other work to
be performed to insure adequacy of service.
C.
Permit compliance required and defective work. Whenever the Inspector
finds any water service, curb box or plumbing job that is defective
or irregular, the Department may direct such work as will be required
to correct the defect or irregularity. Any permittee who fails to
comply with the provisions of this article or refuses or neglects
to correct his work after notice of any defect or irregularity, within
a reasonable time, shall be denied subsequent permits; in addition,
he shall become subject to the penalty provided in this article. The
permittee shall reimburse the Department for any loss in revenue resulting
from the water service being left on without permission or the failure
to procure a permit.
D.
Liability exemption department information. The Department shall
not be liable for any expense incurred by a permittee in locating
mains, services, curb stops or corporation stops, arising out of information
procured from Department records except as required by state law.
[Amended 9-14-2021 by Ord. No. 390]
A.
Adoption of Administrative Code. The Village of New Haven hereby
adopts by reference the Water Supply Cross Connection Rules of the
Michigan Department of Environment, Great Lakes, and Energy ("EGLE")
and any successor entity, being R 325.11401 to R 325.11407 of the
Michigan Administrative Code.
B.
Inspections. That it shall be the duty of the Village of New Haven,
and in particular, the Village's Department of Public Works, to cause
inspections to be made of all properties served by the public water
supply where cross connections with the public water supply is deemed
possible. The frequency of inspections and reinspections based on
potential health hazards involved shall be as established by the Village
of New Haven according to and as approved by EGLE and any successor
entity.
C.
Property access and information. That representative(s) of the Village,
and/or private contractor(s) retained by the Village, shall have the
right to enter at any reasonable time any property served by a connection
to the public water supply system of the Village for the purpose of
inspecting the piping system or systems thereof for cross connections.
On request, the owner, lessees, or occupants of any property so served
shall furnish to the inspection agency any pertinent information regarding
the piping system or systems on such property. The refusal of such
information or refusal of access, when requested, shall be deemed
evidence of the presence of cross connection.
D.
Discontinuance of water service. That the Village is hereby authorized
and directed to discontinue water service after reasonable notice
to any property wherein any connection in violation of this section
exists and to take such other precautionary measures deemed necessary
to eliminate any danger of contamination of the public water supply
system. Water service to such property shall not be restored until
the cross connection(s) has been eliminated in compliance with the
provisions of this section.
E.
Backflow prevention assembly testing. That all testable backflow
prevention assemblies shall be tested at the time of installation
or relocation and after any repair. Subsequent testing of devices
shall be conducted at a time interval specified by the Village and
in accordance with EGLE, and any successor entity, requirements. Only
individuals that hold a valid Michigan plumbing license and have successfully
passed an approved backflow testing class shall perform such testing.
Each tester shall also be approved by the Village, prior to or at
the time of submission. Individual(s) performing assembly testing
shall certify the results of his/her testing.
F.
Protection of potable water. That the potable water supply made available
on the properties served by the public water supply shall be protected
from possible contamination as specified by this section and by the
state and Village plumbing code. Any water outlet which could be used
for potable or domestic purposes and which is not supplied by the
potable system must be labeled in a conspicuous manner as:
|
WATER UNSAFE
FOR DRINKING
|
G.
Preemption. That this section does not supersede the state plumbing
code and any other pertinent Village ordinance, but is supplementary
to them.
H.
Penalty. That any person or customer found guilty of violating any
of the provisions of this section or any written order of the Village
of New Haven in pursuance thereof, shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of $500 for
each violation. Each day upon which a violation of the provisions
of this act shall occur shall be deemed a separate and additional
violation for the purpose of this section.
A.
Single or multiple corporation stops or pipe saddles will be used
to supply services or private mains up to and including two inches
in diameter. Gate valves will be used to supply services or private
mains over two inches in diameter. Connection of services between
1 1/2 inches and two inches to the Village of New Haven main shall
be through one-and-one-half-inch and two-inch corporation stop.
B.
On one-and-one-half-inch and two-inch services, a saddle will be
required; on three-inch services, a four-inch connection at the main
and a four-inch valve shall be required. Services four inches and
over shall have the same size connection as the service.
A.
An approved type round way, inverted core, Minneapolis pattern, tee
head curb stop of good grade bronze material shall be installed on
all three-quarter-inch, one-inch and two-inch service lines at a point
approximately one foot inside the property line as practical and permissible.
A cast-iron extension curb box of an approved pattern shall be threaded
on the curb stop so that it is readily accessible for turning on and
off by Department employees. The curb box shall be centered over the
curb stop and shall be exposed flush with the finished grade level.
B.
Only plumbers and other persons authorized by the Department shall
be permitted to use curb stop keys. The loaning of such key is prohibited.
Valves of wheel, non-rising stem gate valves, stop cock or plug
type may be used. They shall be of approved standard manufacture,
and housed in approved type service or roadway valve box manholes.
A.
Meter type and size. All meters which are to be used for the measuring
of water consumed shall be furnished by the Department and shall remain
the property of the Department; provided, however, that the cost of
installation of each and every meter shall be assessed against the
property owner and paid at the time of installation at a charge established
herein. When requesting the installation of any such meter, the consumer
shall furnish information as to the amount of his contemplated water
demand and the Department shall then determine the proper type and
size of meter to be installed. Unless otherwise authorized by the
Superintendent, the supply of water through each water service shall
be recorded through one meter. Unless otherwise authorized by the
Superintendent, meters with inlet and outlet openings up to two inches,
inclusive, shall be of the disk type. Whenever meters with opening
larger than two inches are required, the Department shall determine
the type to be used. When used on fire protection services, special
type meters prescribed by the Department shall be used.
B.
Bypass and test apparatus installation. All water services 1 1/2
inches and larger shall be installed with full-size meter bypass,
equipped with a wheel-operated gate valve and with wheel-operated
meter control valves at the inlet and outlet of the meter. On services
two inches to six inches, inclusive, a test tee having a two-inch
flanged wheel gate valve shall be installed between the meter and
the outlet valve. For services eight inches or larger, the required
flanged and valved tee opening shall be three inches in diameter.
All bypasses shall be metered.
C.
Water meter interference, removal, etc. prohibited. No unauthorized
person shall interfere, tamper with, damage, destroy or remove a water
meter from any service connection. Whenever a meter is removed by
permission of the Department, it shall be returned to the Department
immediately under penalty of having the water shut off or, in the
case of a plumber, having the license of such plumber or contractor
revoked.
D.
Private fire lines, sprinkler systems metering requirements.
(1)
All water used for private fire lines and sprinkler systems shall
be metered. The applicant may purchase the meter or "detector check"
from the Department. Whenever a detector check is used, the Department
shall install the bypass and small meter thereon, after the plumber,
contractor, owner or other person sets the detector check. Such detector
checks shall be permitted on fire lines supplying sprinkler systems
or hose connections dependent on Village pressure only to maintain
a supply of water in such systems or connections, and in sprinkler
systems dependent on a storage tank or fire pump for supply and pressure.
(2)
Water services installed to supply stand pipes and sprinkler systems
for fire protection, only, will be subject to metering and other regulations.
Complete specifications for the proposed work shall be submitted to
the Department before connection to the water distribution system
shall be made. Unmetered fire protection services shall be installed
in such a manner that all outlets subject to sealing will be exposed
and easily accessible for the inspection of seals at any time. No
connections for any other purpose to unmetered fire services shall
be permitted.
E.
Water meter installation requirements.
(1)
Meter templates with couplings up to and including one inch shall
be furnished without charge, whenever the plumber, contractor, owner
or other person has submitted an approved application to the Department.
The templates with couplings shall be set before the premises become
occupied.
(2)
Whenever it is necessary to make more than one trip to set a meter,
due to faulty workmanship, a meter reinspection fee shall be charged
as established herein. A separate meter reinspection fee shall be
charged for each additional trip.
(3)
Meters and the valves thereof located in locked closets or compartments,
coal binds, under buildings or porches, or any other place not readily
accessible are prohibited. Meters may be set in toilet rooms of gasoline
service stations, 24 inches or farther from any urinal. Meters may
be set under show windows only when set within eight inches of a door
at least 24 inches wide and 24 inches high and with couplings at least
four inches above the floor with 18 inches of clearance above the
meter coupling to allow for meter reading. The meter shall be set
opposite the center of the doorway.
(4)
All meters shall be set horizontally in dry, clean, sanitary locations,
readily accessible, with gate valves on both sides, and in such places
that small leaks and the spilling of water will do no damage. Rod
shutoff in lieu of valves is prohibited.
(5)
The Department shall install all meters up to two inches, whenever
the plumber, contractor, owner or other person has compiled all preparatory
work. Detector checks used on fire lines shall be obtained at the
Department's meter shop and shall be installed by the plumber, contractor,
owner or other person.
(6)
With Department approval, meters may be set in cellar, basement,
under a kitchen sink or on the first floor. A run, not to exceed 130
feet, will be allowed between the lot line nearest the street main
and the meter.
(7)
Plugged tees, or other accessible outlets between the meter and the
main, are prohibited.
(8)
The clearance distance from a wall or any other object to the center
of a service pipe shall not be less than shown below:
|
Meter Size
(inches)
|
Clearance
(inches)
| |
|---|---|---|
|
5/8, 3/4, 1
|
5
| |
|
1 1/2
|
12
| |
|
2
|
14
|
|
Larger sizes shall be installed in accordance with blueprints
furnished by the meter manufacturer and approved by the Department.
|
(9)
Bypasses and meter connections the same size as the service lines
shall be required on all meters larger than two inches. Bypasses on
two-inch meters and smaller are prohibited. The bypass which shall
be curb stops with seal openings and meter connections shall be constructed
in accordance with Department blueprints and specifications.
(10)
Meter wells are not allowed.
F.
Defects and failure to register water usage determination. The consumer
shall accept as standard of measurement the meter installed by the
Department. Should the meter become defective or fail to register
correctly, the quantity of water used shall be determined by the amount
used during the corresponding period of the preceding year, or by
averaging the amount for the period immediately preceding and subsequent
to such defective registration by the meter, the method to be used
at the discretion of the Department.
G.
Water meter tests and inspections.
(1)
The Department, at its expense, shall make periodic tests and inspections
of its meters in order to maintain them at a high standard of accuracy.
A test of the accuracy of any water meter shall be made, free of charge,
upon request of a consumer; provided, that such meter has not been
tested within 12 months previous to such request. Any meter registering
a variance of not more than 2% shall be deemed accurate.
(2)
A consumer may request the Department to test the meter serving his
premises. A minimum of one-week notice shall be given before such
test shall be made. If less than 12 months have elapsed since the
meter was last tested, the Department shall require the consumer to
pay a fee in the amount of $60 if the meter size is one inch or smaller;
$75 for simple meters larger than one inch; $225 for compound meters
larger than one inch. Such fee shall be returned to the consumer if
the meter is found to register more than 2% fast. If the meter is
found to be less than 2% fast, the fee will be forfeited to the Village.
(3)
The Department shall notify the consumer of the time and place of
such test, not less than five days in advance of the date thereof.
The consumer or his representative may be present when such test is
conducted. A written report giving the results of the test will be
furnished to the consumer within 10 days after completion of the test.
Should any consumer be unsatisfied with the test made by the Department,
he may request that the meter be tested by the manufacturer; provided,
that he shall agree to pay the cost of such test if the meter is found
accurate within the 2% limits. If the manufacturer shall find the
meter to be more than 2% fast, the cost of such test shall be borne
by the Department.
H.
Meter repairs. The Department shall maintain and repair its meters;
provided, however, that should any meter be damaged by freezing, hot
water or otherwise, due to negligence of the consumer, the cost of
such repairs shall be charged to the consumer.
I.
Meter, seals, bypass tampering prohibited. Whenever it is necessary to break any seal attached to a water meter or water service, the Department shall be notified. No unauthorized person shall tamper with, change, damage or destroy any seal attached to a water meter or water service. Any meter that shows evidence of tampering shall be removed by the Department for testing and repairs, and the cost of such test and repairs shall be charged to the consumer or property owner. The consumer shall also pay use fees established in the water rates herein and in Article III, Sewer Department; Rates and Charges, for the water and sewer consumed based upon an estimate prepared by the Superintendent. A disputed estimate may be appealed to the Village of New Haven Council.
A.
Municipal civil infraction/payment of fine. Any person, firm, or
corporation violating a provision of this article, upon an admission
or a finding of responsibility for such violation, shall be deemed
responsive for a municipal civil infraction as that term is defined
and used in MCLA § 600.101, et seq.; MSA § 27A.101
et seq., as amended, and shall pay a civil fine as prescribed by ordinance
or as determined by the district court, district court judge, or district
court magistrate.[1]
B.
Costs. A person, firm, or corporation ordered to pay a fine under Subsection A shall be ordered by the district court judge or magistrate to pay costs, which costs may include all expenses, direct and indirect, to which the Village of New Haven has been put in connection with the violation of this article up to the entry of the court's judgment or order to pay fine and costs.
[Amended 1-13-2015 by Ord. No. 333]
C.
Additional writs and orders. A person who admits or is found responsible for violation of this article shall comply with any order, writ, or judgment issued by the district court to enforce this article pursuant to Chapter 83 and Chapter 87 of the Revised Judicature Act, MCLA § 600.101 et seq.; MSA § 27A.101 et seq., as amended.
D.
Default on payment of fines and costs. A default in payment of a civil fine, costs, or damages or expenses ordered under Subsection A or B or an installment of the fine, costs, or damages or expanses as allowed by the court, may be collected by the Village of New Haven by a means authorized for the enforcement of a judgment under Chapters 40 or 60 of the Revised Judicature Act, MCLA § 600.101 et seq.; MSA 27A.101 et seq., as amended.
E.
Failure to comply with judgment or order. If a defendant fails to comply with an order or judgment issued pursuant to this section within the time prescribed by the court, the court may proceed under Subsection G.
F.
Failure to appear in court.
A defendant who falls to answer a citation or notice to appear in
court for a violation of this article is guilty of a misdemeanor,
punishable by a fine of not more than $500 plus costs and/or imprisonment
not to exceed 90 days.
G.
Civil contempt.
(1)
If a defendant defaults in the payment of a civil fine, costs, or
other damages or expenses, or installment as ordered by the district
court, upon motion of the Village of New Haven or upon its own motion,
the court may require the defendant to show cause why the defendant
should not be held in civil contempt and may issue a summons, order
to show cause, or bench warrant of arrest for the defendant's appearance.
(2)
If a corporation or an association is ordered to pay a civil fine,
costs, or damages or expenses, the individuals authorized to make
disbursements shall pay the fine, costs, or damages or expenses, and
their failure to do so shall be civil contempt unless they make the
showing required in this subsection.
(3)
Unless the defendant shows that the default was not attributable
to an intentional refusal to obey the order of the court or to a failure
on his or her part to make a good faith effort to obtain the funds
required for payment, the court shall find that the default constitutes
a civil contempt and may order the defendant committed until all or
a specified part of the amount due is paid.
(4)
If it appears that the default in the payment of a fine, costs, or
damages or expenses does not constitute civil contempt, the court
may enter an order allowing the defendant additional time for payment,
reducing the amount of payment or of each installment or revoking
the fine, costs, or damages or expenses.
(5)
The term of imprisonment on civil contempt for nonpayment of a civil
fine, costs, or damages or expenses shall be specified in the order
of commitment and shall not exceed one day for each $30 due. A person
committed for nonpayment of a civil fine, costs, or damages or expenses
shall be given credit toward payment for each day of imprisonment
and each day of detention in default of recognizance before judgment
at the rate of $30 per day.
(6)
A defendant committed to imprisonment for civil contempt for nonpayment
of a civil fine, costs, or damages or expenses shall not be discharged
from custody until one of the following occurs:
H.
Lien against land, building, or structure. If a defendant does not pay a civil fine or costs or installment ordered under Subsection A or B within 30 days after the date upon which the payment is due for a violation of this article involving the use or occupation of land or a building or other structure, the Village of New Haven may obtain a lien against the land, building, or structure involved in the violation by recording a copy of the court order requiring payment of the fine and costs with the Register of Deeds for Macomb County. The court order shall not be recorded unless a legal description of the property is incorporated in or attached to the court order.
(1)
The lien is effective immediately upon recording of the court order
with the Register of Deeds.
(2)
The court order recorded with the Register of Deeds shall constitute
the pendency of the lien. In addition, a written notice of the lien
shall be sent by the Village of New Haven by first class mail to the
owner of record of the land, building, or structure at the owner's
last known address.
(3)
The lien may be enforced and discharged by the Village of New Haven in the manner prescribed by its Village ordinances, the General Law Village Act, by the General Property Tax Act, Act No. 206 of the Public Acts of 1893, being § 211.1 et seq., of the Michigan Compiled Laws, or by an ordinance duly passed by the Village. However, property is not subject to sale under Section 60 of Act No. 206 of the Public Acts of 1893, being § 211.60 of the Michigan Compiled Laws, for nonpayment of a civil fine or costs or an installment ordered under Subsection A or B unless the property is also subject to sale under Act No. 206 of the Public Acts of 1893 for delinquent property taxes.
(4)
A lien created under this section has priority over any other lien
unless one or more of the following apply:
(a)
The other lien is a lien for taxes or special assessments.
(b)
The other lien is created before the effective date of the amended
ordinance that added this section.
(c)
Federal law provides the other lien has priority.
(d)
The other lien is recorded before the lien under this section
is recorded.
(5)
The Village may institute an action in a court of competent jurisdiction
for collection of the fines and costs imposed by a court order for
a violation of this article. However, an attempt by the Village to
collect the fines or costs does not invalidate or waive the lien upon
the land, building, or structure.
(6)
A lien provided for by this subsection shall not continue for a period
longer than five years after a copy of the court order imposing a
fine or cost is recorded unless within that time an action to enforce
the lien is commenced.
[Amended 11-12-2013 by Ord. No. 320; 3-10-2015 by Ord. No. 334; 8-11-2016 by Ord. No. 337]
A.
Billing frequency. All charges for and relating to water usage, sewer,
and other applicable charges and debts shall be billed to the consumer
on a monthly basis.
B.
Payments. All charges for and relating to water and/or sewer made
against the user of the premises supplied shall be due and payable
within 20 days from the date of the bill ("billing date"), and for
all bills not paid when due, a penalty of 10% of the amount of such
bill shall be added upon the expiration of the 20 days. The billing
date shall be the date printed clearly and legibly on the invoice.
The charges for service shall become a lien against the premises furnished
service upon such service being provided. If the charges are not paid
within 30 days of the billing date, the water may be turned off to
any premises against which such charges are outstanding. Notice of
the shutoff shall be sent by regular mail and posted in an easily
noticed place on the premises prior to the shutoff and discontinuance
of the services. Upon the water being turned off, the water will not
be turned on again until the charges have been paid in full, together
with the current turn-on fee.
C.
Tax roll collection. Charges for services furnished to a premises may be placed on subsequent tax rolls as prescribed by Michigan Public Act 94 of 1933, as amended, and § 495-45 below.
D.
Lien calculations. Where a single water meter or meters provide water
and/or sewer services to a premises with more than a single address,
the lien shall be calculated by dividing the outstanding amount unpaid
by the number of addressed premises, whether occupied or unoccupied.
E.
Landlord/tenant. When a tenant is responsible for payment of the
water and/or sewer bill in a written and executed lease (month to
month or otherwise), a landlord may file an affidavit with the Village
verifying that the lease has been properly executed and is in effect,
attaching a copy of the lease to the affidavit with the Department
of Public Works. At the same time, a deposit, as specified in a fee
schedule by resolution of the Village Council, shall be paid in full.
Additionally, the landlord shall, within 20 days, provide notice of
any cancellation, change in lease terms with respect to the water,
or termination of the lease. Upon full compliance by the landlord
with the foregoing, no lien shall accrue against the premises. The
landlord shall be responsible upon expiration, termination or change
of any lease terms for filing another proper affidavit with a copy
of the lease. In the event the water bill remains unpaid for in excess
of 30 days, all or any portion of the deposit may be applied toward
any outstanding charges. The cash deposit or any depleted portion
of it so used shall be restored in full within 30 days of any depletion,
or a lien otherwise may be imposed or service not restored or shut
off.
F.
Enforcement of multiple remedies. The proceedings set forth herein
are cumulative, and any other lawful enforcement methods for the payment
of charges for water service may be enforced.
G.
Temporary vacancy. In the case of temporary vacancy of any premises,
the water service will be turned off at the curb stop and the meter
removed by the Department, upon written request of the owner of the
premises to the Department, and will be turned on and the meter reset
when requested, upon payment of all applicable fees and charges. Water
turn-ons will be scheduled with the Department during regular working
hours. Water turn-ons occurring beyond regular working hours will
result in double special service charge as otherwise set forth in
the fee schedule ordinance. Charges shall be billed for each visit,
regardless of whether the water turn-on or water turnoff actually
occurs.
H.
Emergency and improper use. The Village is hereby authorized and
directed to discontinue water service after reasonable notice to any
property wherein any connection in violation of this article exists
and to take such other precautionary measures deemed necessary to
eliminate any danger of contamination of the public water supply system
and/or unnecessary waste.
I.
Billing address. A bill shall be delivered or mailed to the premises
to which the water is supplied, or to a designated mailing address,
on a monthly basis. The Village assumes no responsibility for the
loss or failure of such bill to reach the proper person. A charge
will be made for all water registered by a meter, and no deduction
shall be made for leaks, any alleged inaccuracy of the meter, or other
claimed causes unless authorized by this article. Failure of the consumer
to receive any bill shall not relieve him of the liability for the
charges incurred, and the consumer shall call at the office of the
Department for such bill if it has not been received.
[Amended 11-14-2017 by Ord. No. 348]
Charges for services furnished to a premises may be placed,
upon approval by the Village Treasurer following a request by the
head of the Department of Public Works, upon the next tax roll or
subsequent tax rolls and shall be collected and enforced in the same
manner as provided for the collection of real property taxes assessed
against a premises. The Village Treasurer shall select the tax roll
upon which such charge shall be placed and collected.
No free service shall be furnished to any person, firm or corporation,
public or private, or to any public agency or instrumentality. Only
the Village of New Haven Council has the Authority, by majority vote,
to compromise, modify, negotiate or alter a fee under this article
or may, at its discretion and by majority vote, designate a representative
to do so on a case-by-case basis.
The water system shall be operated on the basis of an operating
year commencing on April 1 and ending on March 31.
The revenues of the water system shall be set aside, as collected,
and deposited in a separate depository account in a bank duly qualified
to do business in Michigan to be selected by the Village of New Haven
Council, said account to be designated "Water System Receiving Fund";
and said revenues so deposited shall be transferred from the receiving
fund periodically in the manner and at the time hereinafter specified.
Out of the revenues in the Water System Receiving Fund, there
shall be first set aside periodically into a depository account, designated
"Operation and Maintenance Fund," a sum sufficient to provide for
the payment of the next period's current expenses of administration
and operation of the system and such current expenses for the maintenance
thereof as may be necessary to preserve the same in good repair and
working order.
A.
Fire hydrants are provided for use by the Village Fire Department
and other Village departments as may be authorized by this article.
B.
No person, firm or corporation shall open or cause to be opened any
fire hydrant without first securing a permit to use fire hydrant from
the Superintendent. A deposit of $50 will be paid prior to issuance
of such permit. Such person, firm or corporation must report to the
Superintendent when use of the hydrant is terminated, at which time
a hydrant inspection will be made. The cost of the estimated amount
of water used and the cost of repairing the hydrant, if any, shall
be established and deducted from the deposit and the difference (if
any) refunded to the depositor. If the deposit is insufficient to
cover said costs, the permit holder shall pay the deficit.
C.
The Superintendent must approve the type, size of openings, and types
of nozzle thread on all hydrants installed on private property.
D.
No person, firm or corporation shall in any manner obstruct or prevent
free access to or place or store temporarily, or otherwise, any object,
material, snow, debris, automobile, or structure of any kind within
a distance of 20 feet of any hydrant. Any such obstruction, when discovered,
may be removed at once by the Superintendent at the expense of the
person, firm or corporation responsible for the obstruction.
E.
Hydrants located within the road right-of-way or easement shall be
moved to another location only if the person wishing the relocation
bears the complete cost of moving said hydrant.
F.
Where pipes are provided for fire protection in any premises or where
hose connections for fire apparatus are provided on any pipe, each
connection or opening on said pipe shall have not less than 25 feet
of fire hose constantly attached thereto, and no water shall be taken
or used through such openings or hose for any purpose other than extinguishing
fires, except for the purpose of testing said fire equipment. In such
case, the test must be conducted under a special permit and under
the supervision of the Superintendent.
A.
Water use (consumption or commodity) charge. Except as herein otherwise
provided, water service provided by the water system shall be paid
for by the owner or occupant of each lot or parcel of land, building
or premises having a connection to the water system on the basis of
the water meter readings for the water used. Any premises allowed
to connect into the system located outside the Village corporate limits
shall pay debt service charges at a rate 1 1/2 times the following
charges. The water charges per month shall be as follows:
[Amended 10-8-2019 by Ord. No. 369]
B.
Debt service charge.
[Amended 10-8-2019 by Ord. No. 369]
(1)
Each customer connected to the water system shall pay a monthly debt
service charge based upon meter size for nonresidential uses and for
single-family uses. Dwelling units other than single-family residences
(i.e., multiple-family housing and mobile homes) shall be based upon
the number of dwelling units per premises each at the rate charged
for a three-quarter-inch meter. No separate charge shall be applied
to the master meter installed at such premises. Single-family houses
shall be charged based on the size meter install, but in no case for
a meter smaller than three-quarter-inch.
(2)
Any premises allowed to connect into the system located outside the
Village corporate limits shall pay debt service charges at a rate
1 1/2 times the following charges. The debt service charge shall
be as follows:
|
Meter Size
(inches)
|
Monthly Charge
|
|---|---|
|
3/4 or less
|
$8.50
|
|
1
|
$16.33
|
|
1 1/2
|
$20.99
|
|
2
|
$33.82
|
|
3
|
$116.27
|
|
4
|
$163.26
|
|
6
|
$244.90
|
|
8
|
$338.17
|
C.
Connection charges.
(1)
For connections to the water system, the user so connecting shall
pay the following charges based on the larger of the meter or user's
water connection (service line) for nonresidential uses and for single-family
uses. Dwelling units other than single-family residences (i.e., multiple-family
housing and mobile homes) shall be based upon the number of dwelling
units per premises each at the rate charged for a three-quarter-inch
meter. No separate charge shall be applied to the master meter installed
at such premises. Single-family houses shall be charged based on the
size of meter installed, but in no case for a meter smaller than 3/4
inch. Nonresidential uses minimum size connection and meter shall
be one inch.
(2)
In certain cases approved by the Village of New Haven Council, where
a larger connection is made to the water system to provide fire protection
by way of a sprinkler system, the Village of New Haven Council may
adjust the connection charges in accordance with the actual maximum
meter demand to be placed on the system for all non-sprinkler uses,
provided the following are met:
(a)
An arrangement of piping and valves shall be so constructed
to prevent any water other than for the purposes of supplying the
fire sprinkler system from bypassing the water meter(s);
(b)
The connection charge shall be based on the size of the meter(s)
installed in accordance with the fee schedule(s);
(c)
The applicant shall agree to inspection at any reasonable time
of the connection by the Village Water Department or its designees;
and
(d)
The applicant shall agree to pay in addition to all other charges
required by this article a fire protection water service charge based
on the size and design of the sprinkler system.
(3)
Any premises allowed to connect into the system located outside the
Village of New Haven corporate limits shall pay debt service charges
at a rate 1 1/2 times the following charges:
(a)
The capital charge shall be as follows. All connections larger
than 12 inches shall be charged for in a similar proportion at a rate
to be set by the Village Council.
|
Size of Meter or Water Connection
(inches)
|
Charge
|
|---|---|
|
3/4
|
$1,200
|
|
1
|
$1,680
|
|
1 1/2
|
$2,160
|
|
2
|
$3,480
|
|
3
|
$13,200
|
|
4
|
$16,800
|
|
6
|
$25,200
|
|
8
|
$34,800
|
|
10
|
$46,800
|
|
12
|
$63,000
|
(b)
The water tap-on charges shall be based on time (labor, fringe
benefits, equipment rental, etc.) and materials (including the water
meter) plus 20%. The minimum fee shall be $450. When the applicant
makes the tap-on, the applicant shall pay all inspection costs, permits
and meter expenses.
D.
Water lateral benefit charge. No water lateral benefit charge shall
be assessed and/or collected against any property within the Village
of New Haven.
[Amended 6-8-2021 by Ord. No. 386]
F.
Billing charges. All recurring rates and charges as hereinbefore
provided shall be billed quarterly during each fiscal year and shall
represent charges for the quarterly period immediately preceding the
date of the bill. Said bills shall become due and payable within 10
days from the date of the bill, and for all bills not paid when due,
a penalty of 10% of the amount of such bill shall be added thereto.
The term "recurring rates and charges" as herein and hereafter used
shall be construed to mean and include water use charges, water debt
service charges, water connection charges, water lateral benefit charges
where payable in installments, and any other rates and charges hereinafter
established which are payable in installments or on a recurring basis.
G.
Prepaid tap-on or capital charge certificates. In those instances
where land developers or others have prepaid the water tap-on charges
herein provided and have been issued certificates therefor pursuant
to resolution or authorization of the Village of New Haven Council,
the tap charges herein provided shall be considered paid upon surrender
of the appropriate certificates which equal the tap charge or charges
in effect at the time of surrender.
H.
Sufficiency of rates.
[Added 3-10-2015 by Ord.
No. 334]
(1)
The sewage and water rates to be established are to be sufficient
to provide at least for the payment of the annual assessment required
to be made to Macomb County in connection with the North Gratiot Interceptor,
Oakland Macomb Interceptor, Macomb Interceptor Drainage Improvements,
Clintondale Pump Station Improvements, Interceptor Drain and Treatment
Plant Drainage District Board and for the payment of operation and
maintenance costs of the sewage disposal system. The Village may classify
the users of water according to the quantity of water used, and other
special conditions, and charge such rates in each class as it may
deem reasonable.
(2)
Rates to be established for water and sewage service shall be sufficient
to provide for the full and prompt payment of interest on and the
principal of all bonded indebtedness with respect to the Village's
water supply and sewage disposal systems; to create and fund a bond
and interest redemption fund therefor, to provide for the payment
of the expenses of administration, operation and maintenance of such
systems in good repair and working order; and to build up a service
for improvements, betterments and extensions thereto other than those
necessary to maintain the same in good repair and working order.
