[Ord. No. 373 Ch. 2(1.1), 5-18-2006]
This Chapter shall be known and may be cited as the City of Cole Camp's Water Use Ordinance.
[Ord. No. 373 Ch. 2(1.2), 5-18-2006]
A. 
This Chapter is adopted pursuant to the authority contained in Chapter 89, of the RSMo.
B. 
The regulations contained in this Chapter are adopted for the following purposes:
1. 
To protect and provide for the public health, safety, and general welfare of the City of Cole Camp.
2. 
To promote good planning and land development practice.
3. 
To conserve the City's resources and ensure the adequate capacity and provision of water to serve the population.
4. 
To prevent the pollution of water resources.
5. 
To promote efficient expenditure of public financial resources.
C. 
The provisions of this Chapter shall be administered to ensure orderly growth and development of the City and shall supplement and implement other adopted design standards and regulations approved by the City.
[Ord. No. 373 Ch. 2(1.3), 5-18-2006]
This Chapter shall be effective throughout the City's planning jurisdiction that comprises the area within the boundaries of the City of Cole Camp.
[Ord. No. 465 §1(F), 10-18-2012]
A. 
At the end of each fiscal year, the balances in the water funds shall be reviewed to ensure adequate and equitable rate schedules for the following year.
B. 
Any Operation and Maintenance Fund balance carried forward shall be identified by class and credited to the budgeted water system expenses for the following year.
C. 
The rate schedule for any fiscal year shall be adequate to ensure adequate operation and maintenance funds and to maintain a sufficient replacement fund to cover costs of anticipated major equipment replacements and to ensure that all customers pay their proportionate share of the costs of operating and maintaining the water system. The City shall notify each user annually, in conjunction with the regular billing, of the rates and that portion charged for operation and maintenance of the water system.
[Ord. No. 373 Ch. 2(1.5), 5-18-2006]
A. 
If necessary, reasonable fees to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for permits, appeals, and amendments to the codes and standards established herein. Fees to cover the costs for, but not limited to, review of public water line extension plans and specifications submitted for a permit and project inspections shall be borne by the applicant as actual costs incurred by the City. These costs may include review and inspection fees on a time and materials basis by outside consultants in accordance with their current rate schedule.
B. 
Fees established in accordance with Subsection (A) shall be paid upon submission of a signed application by the applicant, by the petitioner, or by the party submitting a notice of appeal.
C. 
Water Connection Fee. A permit and inspection fee of five hundred dollars ($500.00) for each separate residential living unit or for each separate business or industrial unit shall be paid to the City at the time the application is filed. This fee does not apply to any unit in existence prior to this Chapter.
[Ord. No. 439 §1, 11-18-2010; Ord. No. 465 §1(C — D), 10-18-2012]
A. 
Each customer in a rental property shall be required to pay a security deposit as a condition of new service.
B. 
The security deposit shall be in the amount of two hundred dollars ($200.00) cash per service connection.
C. 
Renters' security deposits will be held during the time they are customers, and will be used to pay off their final bill. Any remaining deposit will be refunded to the customer.
D. 
No additional security deposit shall be required by the City on the basis of the customer's age, sex, race, creed or national origin.
E. 
When a renter notifies the City to stop their service, a meter reading will be taken same day and the water service will be turned off and locked.
[Ord. No. 465 §1(F), 10-18-2012]
The Board of Aldermen shall have the authority to supply water to users outside the City limits of the City of Cole Camp, Missouri at water rates not less than one hundred percent (100%) of the water rates within the City of Cole Camp, Missouri, and not more than two hundred percent (200%) of said rates.
[Ord. No. 205 Appendix A, 4-14-1992; Ord. No. 298 §1, 2-14-2002; Ord. No. 373 §1, 9-21-2006; Ord. No. 465 §1(B), 10-18-2012; Ord. No. 546,[1] 3-16-2023]
A. 
Sections 705.050 and 705.060 of this Article provide for water service charges and user charges to be levied for residential and commercial users of City water.
B. 
The following rates shall be charged based on the volume measured in gallons of water used.
First 1,000 gallons (minimum): $30.09.
Each 1,000 gallons thereafter: $3.50.
1. 
Penalty. A five dollar ($5.00) penalty for delinquent water bill shall be added to the water bill.
2. 
Turn on charge. After a customer has been disconnected from the water system, he/she may be allowed to again use the water system after all delinquent water and sewer charges and penalties have been paid in full, together with a turn on charge of twenty-five dollars ($25.00) paid to the City.
* NOTE: No usage shall be included in the service charge.
[1]
Editor's Note: This ordinance is effective for billings on or after the 30th day of April 2023.
[Ord. No. 465 §1(F), 10-18-2012]
A. 
Where a public water supply main is reasonably accessible, in the judgment of the Planning Commission of the City of Cole Camp, Missouri, every building lot within said City on which is located a dwelling or other commercial establishment, and which is occupied as such, shall be connected to the City water supply prior to said dwelling or business establishment being occupied.
B. 
The City of Cole Camp, Missouri shall collect water service charges for the use of the services rendered by said water system from the owners or occupants of each residence, building or structure which is connected with the water system of the City.
C. 
Except as herein otherwise provided, water service charges shall be based on the quantity of water used on or in the property or premises subject to such charges, shall be computed by applying the rates herein established, and shall be payable as herein provided.
[Ord. No. 465 §1(F), 10-18-2012]
A. 
Except as otherwise herein provided, service charges shall be based on one (1) of the following:
1. 
On the quantity of water used from any source or sources of supply, as measured by a water meter or meters acceptable to the City.
2. 
On the quantity of water as determined by the City or other authorized representative of the City through a study of the particular service.
[Ord. No. 465 §1(F), 10-18-2012]
A. 
All users shall be billed on the basis of all monthly water usage as determined by monthly water meter readings and shall also be obligated to pay a monthly user charge subject to the provisions of Subsection (B) below.
B. 
In determining the number of residential users in multiple-housing complexes, including duplexes, tri-plexes, four-plexes or combination of multiple-housing units, apartment housing units, trailer park pads or spaces, motel or hotel units, nursing homes, group homes, senior citizen or low income housing projects, the number of users shall be the number of dwelling units connected to the water system whether served by individual water meter or by a single master water meter or private water supply. In calculating the number of users in a nursing home, one (1) user shall be counted for each set of rooms served by a single bathroom. Where a single water meter served multiple-housing complexes, the number of unoccupied dwelling units shall be used in computing the user charges. The water service charge shall be billed only to the unit with the master water meter.
C. 
Owners of multi-housing complexes, as described in Subsection (B) immediately above, may obtain an exemption from payment of the monthly user charge after a dwelling unit shall remain unoccupied for thirty (30) days by filing an application therefore with the City Clerk, which exemption shall automatically expire upon the reoccupancy of said dwelling unit. Any owner obtaining an exemption from user charges for unoccupied dwelling units shall be responsible to advise the City Clerk of the reoccupancy of said dwelling unit within two (2) days after reoccupancy of said dwelling unit.
[Ord. No. 465 §1(F), 10-18-2012]
The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement which the City may, by ordinance, designate to be paid by the user charge system. That portion of the total user charge which is designated for operation and maintenance, including replacement of the waterworks, shall be established by this Article.
[Ord. No. 465 §1(F), 10-18-2012]
The water service charge rates for operation and maintenance which shall be applied to the water users of all users including residences, dwelling units, buildings and structures connected with the City water system and the user charge for such service shall be as provided in Section 705.060.
[Ord. No. 465 §1(F), 10-18-2012]
A. 
All water service charges established by this Article shall be a part of, but noted as a separate item on the water bill of each user and shall be billed, collected and become delinquent as provided by this Article. Any user of the City water system who is delinquent in the payment of the service charge provided herein shall be subject to a penalty and to being disconnected from the water system as provided in this Article. The water bill shall be due upon receipt and considered delinquent on the sixteenth (16th) day of the month. A penalty of five dollars ($5.00) shall be added on the water bill for any delinquent bill. The user shall be disconnected from the water system on the twenty-fifth (25th) day of the month, or the first (1st) normal business day following the twenty-fifth (25th), for which the water bill is delinquent. No person who has been disconnected from the water system shall be again connected thereto until he/she has paid to the City all delinquent water bills and penalty in full, together with the reconnect charge as specified in Section 705.060. Disconnection shall be by turn off and water meter being locked or removal of the water meter.
B. 
In accordance with Section 250.140, RSMo., water services shall be deemed to be furnished to both the occupant and the owner of the rented premises and the City of Cole Camp shall be authorized to sue occupant or owner or both in a civil action to recover any sums for any water services provided plus a reasonable attorney's fee to be affixed by the court.
C. 
Duplicate Billing. Normal City practice is to only bill the tenant for the utility service provided. The City will send a duplicate delinquent notice each month to the landlord so the landlord can determine to his/her satisfaction that the bill is paid.
D. 
The City normally accepts signed/written instructions from a tenant directing that utility service be turned on at a landlords's property.
[Ord. No. 465 §1(F), 10-18-2012; Ord. No. 553, 9-21-2023]
A one-time per leak adjustment shall be made in the billing month the leak is repaired. User to pay their average water usage calculated from the three (3) previous months prior to the leak, plus the cost of half of the gallons remaining. A maximum charge to all users for a leak should not exceed three hundred dollars ($300.00).
[Ord. No. 373 Ch. 2(1.7), 5-18-2006]
The burden of proof shall be upon the applicant in all proceedings pursuant to this Chapter. It is presumed that the applicant has knowledge of the requirements of this Chapter and the applicant is obligated to meet the requirements unless a variance is granted. Failure to meet the requirements is one (1) reason for denial of an application.
[Ord. No. 373 Ch. 2(1.8), 5-18-2006]
A. 
The provisions of this Chapter shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and general welfare.
B. 
Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than conditions imposed by any other provision of this Chapter or other applicable law, ordinance, rule or regulation, the regulations which are more restrictive and which impose a higher standard shall govern.
C. 
No statement contained in this Chapter shall be construed to interfere with any additional requirements that may be imposed by the Superintendent or the State of Missouri.
D. 
The provisions of this Chapter are separable. If any Section, sentence, clause or phrase of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter.
[1]
Editor's Note — Ord. No. 465 §1(A), adopted October 18, 2012, repealed section 705.085 "landlord liability for unpaid utility bills of tenants" in its entirety. Former section 705.085 derived from ord. no. 354 §§1 — 4, 9-15-2005.
[Ord. No. 373 Ch. 2(1.9), 5-18-2006]
A. 
No land shall be developed or platted within the boundaries of the City except in conformance with the provisions of this Chapter.
B. 
The St. Clair County Register of Deeds shall not record any water utility easement within the boundaries of the City of Cole Camp unless the legal documents and construction plans have been approved in accordance with the provisions of this Chapter and the design standards for public improvements. In the event any such unapproved easement is recorded, it shall be considered invalid and the Board of Aldermen shall institute proceedings to have the easement stricken from the records of the County.
C. 
No development permit or certificate of occupancy shall be issued for any lot, parcel or tract of land which was created after the effective date of this Chapter and which is not in conformance with the provisions of this Chapter.
D. 
No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the provisions of this Chapter.
[Ord. No. 373 Ch. 2(1.10), 5-18-2006]
A. 
Any person aggrieved by any decision of the Superintendent may appeal to the City Board members by filing a written application with the City Clerk within thirty (30) days after being notified of the decision which is the subject of the appeal.
B. 
The Board shall schedule a hearing on appeal, and shall give the person notice of the date of hearing at least ten (10) days prior to the hearing date and give the person reasonable opportunity to be heard.
C. 
Appeal hearing to the Board shall be conducted in accordance with the adopted rules and procedures.