This article shall be known as the "Water Use, Rate and Connection Ordinance."
[HISTORY: Adopted by the Village Council of the Village of Vicksburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-19-1996 by Ord. No. 222 (Ch. 74, Art. III, of the 1995 Village Code)]
[Amended 12-4-2023 by Ord. No. 301]
Unless the context specifically indicates otherwise, the meanings for terms used in this article shall be as follows:
Approved by the Village and the State Department of Public Health.
The flow of water or other liquids, mixtures or substances into the water system from any source other than its intended source, due to either back pressure or backsiphonage.
A device to prevent backflow.
The amount charged for the installation and inspection of a service connection and meter to each premises in the Village which connects to the water system in an amount as designated by a resolution of the Village Council.
The presence of any foreign substance (organic, inorganic, radiological or biological) in water that tends to pollute or degrade the quality of the water so as to constitute a health hazard or to render the water nonpotable.
Any physical connection between the water system and any waste pipe, soil pipe, sewer, drain, or any unapproved source or system. Furthermore, it is any potable water supply outlet which is submerged or can be submerged in wastewater and/or any other source of contamination. See "backflow."
The person who owns or leases any home or dwelling, retail or wholesale business, multifamily dwelling, manufacturing establishment, educational, religious or social establishment, or any federal, state or local government office or service facility that uses or is served by the water system.
The charge levied to all customers for related administrative costs associated with the water system.
Any condition, device or practice in the water system and its operation which creates or, in the judgment of the Village, may create contamination or otherwise a danger to the health and well-being of the customer. An example of a health hazard is a structural defect in the water system, whether of location, design or construction, that regularly or occasionally may prevent satisfactory purification of the water supply or cause it to be contaminated.
Any instrument for measuring the rate of flow of public water.
The charge levied on all customers for the operation, maintenance and replacement costs as designated by a resolution of the Village Council.
All costs, direct and indirect, necessary to provide adequate water supply on a continuing basis to conform with all federal, state and local water management requirements and to assure optimum long-term management of the water system and shall include a reasonable allowance for the replacement of the equipment and appurtenances necessary to maintain the intended performance of the water system.
Any individual, firm, company, partnership, association, society, public or private corporation, public agency or instrumentality, group, or any other entity receiving service from the system.
Includes the water supply and distribution pipes, plumbing fixtures, and traps; soil, waste and vent pipes; building drains and building sewers, including their respective connections, devices and appurtenances and water-treating or water-using equipment; all as located within the property lines of the premises.
A parcel or lot or building having any connection or being eligible to connect to the system.
Water provided by the water system.
An assembly of differential valves and check valves, including an automatically opened spillage port to the atmosphere designed to prevent backflow under conditions of pressure reversal.
Shall be related to the quantity of public water used and the benefits derived from such public water use ordinarily arising from the occupancy of a residential building (but shall not be related to actual use arising from such building).
The minimum distance of a water inlet or opening above the maximum high water level or overflow rim in a future device or container to which public water is furnished, which must be at least two times the inside diameter of the water inlet pipe but must not be less than one inch and need not be more than 12 inches.
A water supply system maintained in addition to the water system, including water systems from ground or surface sources or water from a public water supply system which, in any way, has been treated, processed or exposed to any possible contaminant or stored in other than an approved storage facility.
The corporation cock, service lateral, and curb stop that convey public water from the water mains of the system to the property line.
A pipe extending from the property line into the premises supplied with public water.
A service line or extension thereto from the water system terminating in a tank, vessel, fixture or appliance which may contain water of questionable quality, waste or other contaminant and which is unprotected against backflow.
A pipe extending from the water system to supply a sprinkler, yard main, or other fire protection system.
The Village of Vicksburg, Kalamazoo County, Michigan, as represented by the Village Council, Village Manager, and Director of the Department of Public Works.
All facilities of the Village and all subsequent additions, including wells, pumps, mains, hydrants, storage tanks, service connections, meters, and all other facilities used or useful in the pumping, treating and distribution of public water.
Water that is not safe for human consumption or that is of questionable potability.
Water free from impurities in amounts sufficient to cause disease or harmful physiological effects. Its bacteriological and chemical quality shall conform to the requirements of the federal drinking water standards or to the regulations of the State Department of Public Health.
[Amended 12-4-2023 by Ord. No. 301]
A.
The operation, maintenance, alteration, repair and management of the water system shall be under the supervision and control of the Village. The Village may employ such person or persons in such capacity or capacities as it deems advisable to carry out the efficient management and operation of the water system and may make such rules, orders and regulations as it deems advisable and necessary to assure the efficient management and operation of the water system.
B.
The customer shall be responsible for the maintenance and repair of its service line.
[Amended 12-4-2023 by Ord. No. 301]
A.
Prior to the installation of a service connection, a prospective customer must file a permit application for such service connection on an application form to be supplied by the Village. The application must be accompanied by payment in full of the connection charge and such other charges or deposits required by this article.
B.
Service connections shall be installed by the Village or its authorized representative and only after approval of the permit application by the Village.
C.
All service lines shall be installed in an approved manner by a licensed plumber at the customer's expense. The plumbing system in or on the premises in connection therewith must conform in character, design and quality to the law of the state and the State Plumbing Code and must have approval by the Village or its authorized representative.
D.
All service lines shall be constructed of materials that are compatible with those of the water system and shall be impervious to the passage of contaminants into the water system. No service connection of less than three-fourths' inch diameter will be permitted. Service connections of larger size shall be determined and approved by the Village.
E.
All service connections and service lines must be laid on solid ground. The installation must be inspected by the Village or its authorized representative. A distance of 10 feet from the service line and all sewer or septic lines must be maintained.
F.
No service connection shall be installed where the service line is in line with a driveway, tree, fire hydrant, catch basin or other obstruction.
G.
No person shall obstruct or interfere in any way with any service connection or other appurtenance of the system, including meters, by placing in, on or about such service connection, meter, or other appurtenance, building materials, rubbish, soil, shrubbery or flowers, or otherwise hindering the easy and free access thereto.
H.
Service lines shall be protected from damage of every nature, and needed repairs shall promptly be made by the customer when notified by the Village. The expense of repairing or thawing a service line, if frozen, shall be borne by the customer. The service line, as repaired or thawed, shall not be covered until inspected and approved by the Village or its authorized representatives.
I.
The Village may discontinue service if a customer fails to maintain the service line in a leak-free condition or if the customer makes an unauthorized plumbing connection which bypasses the meter.
J.
From and after the effective date of the ordinance amending this subsection,[1] a single-service connection shall not serve more than one premises unless approved in writing by the Village, even though the ownership of the adjacent premises may be the same; provided, however, that where a duplex, multifamily dwelling, multi tenant building or any combination thereof is served by a single-service connection then each unit shall be metered separately and additional service connections shall not be necessary.
[1]
Editor's Note: See Ord. No. 301.
K.
All service connections and service lines installed prior to the adoption of this article shall conform to the standards set forth in this section and shall be subject to inspection by the Village or its authorized representative. Any replacement or improvement costs necessary to bring the service connection and service line into conformity with this section shall be borne by the customer.
L.
Each newly constructed residential, commercial, or industrial premises, or combination thereof, other than sheds, residential garages, and/or additions to existing structures, constructed after the effective date of this section and abutting the system shall be required to immediately connect to the system at the customer’s own expense
[Amended 5-15-2023 by Ord. No. 299; 12-4-2023 by Ord. No. 301]
A.
All water supplied by the system to each customer shall be metered. Any bypass or connection between the meter and the main is prohibited. The meter will be furnished, installed, tested and maintained by the Village at the customer's expense and shall remain the property of and under the control of the Village.
B.
Meters for ordinary domestic service shall be of one inch size. The meter shall have the ability to be read remote. A separate gate valve the same size as the meter connections shall be installed on the service line on both sides of the meter. When a larger service connection is required, determination as to size shall be made by the Village. Larger sizes may be required for industrial, commercial or multiple-dwelling use.
C.
Meters shall be set in an accessible location and in a manner approved by the Village. Where due to unusual circumstances it is necessary to place the meter in a pit, such pit shall be installed by the Village at the expense of the customer as directed by the Village. No person other than an authorized employee of the Village or its representative shall change the location of, alter or interfere in any way with any meter.
D.
The Village shall have the right to shut off the public water to any customer where access is not available to the meter. Qualified employees of the Village or its representative shall at all reasonable hours have the right to enter the premises where such meters are installed, for the purpose of reading, testing, removing or inspecting same, and no person shall hinder, obstruct or interfere with any such employee or representative in the discharge of his or her duties.
E.
Any damages to a meter resulting from carelessness or neglect of a customer to properly secure and protect the meter from damages caused by frost, hot water, steam or other misuse shall be paid for by the customer upon presentation of the bill therefor. The same shall be collected in the same manner as any customer service charge.
F.
Any meter installed prior to the adoption of this article shall be subject to inspection and testing by the Village or its representative. All repair or replacement costs shall be borne by the customer.
G.
If any meter is not working properly or fails to accurately register water usage, the customer will be charged at the average consumption rate as shown by the meter when registering. The accuracy of the meter on any premises will be tested by the Village upon written request of the owner, who shall pay in advance a fee as set by resolution of the Village Council to cover the costs of the test. If on such test the meter shall be found to register over 3% more water than actually passes through it, another meter will be substituted therefor, and the water bill may be adjusted in such a manner as may be fair and just as determined by the Village. If the meter is found to register 2% less than the amount of water that actually passes through it, the Village shall retain the fee and the water bill may be adjusted in such a manner as may be fair and just as determined by the Village.
[Amended 12-4-2023 by Ord. No. 301]
A.
No person shall open or cause to be open any fire hydrant except for authorized employees of the Village or its representative, except in the case of an emergency.
B.
The Village must approve the type, size of openings, and types of nozzle thread on all hydrants installed on private property serviced by the water system or in a residential, industrial or commercial development to be serviced by the water system. A contractor, in the process of installing water mains and hydrants, may operate a hydrant with written permission from the Village.
C.
No person 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 15 feet of any fire hydrant. Upon the failure of such person to remove such obstruction, which shall be set forth in a written notice, the Village will remove such obstruction and charge the cost of removal to such person.
[Amended 12-4-2023 by Ord. No. 301]
A.
No person, other than an authorized employee of the Village or its representative, shall turn on any public water service, except as set forth in this section.
B.
Upon written notification of the Village, a licensed plumber or contractor may turn a public water service on for testing the work of such licensed plumber or contractor, whereupon it shall be immediately turned off.
C.
No public water shall be turned on to any premises until all fees and charges are paid in full to the Village.
D.
The Village may stop service to any customer at any time for any reason. The Village shall give reasonable advanced notice except during emergencies and conditions of imminent hazard. The Village shall not be liable for any damages caused by the failure of a customer to receive public water for any reason, including shutting off of such supply by the Village or its representative, nor shall the Village be liable for any damage caused by any change in pressure of public water delivered to any customer.
E.
If at any time a service line from the curb stop to the meter is found to be deteriorated or leaking, the Village may condemn or discontinue service to the premises and require that the same be repaired or replaced, as directed by the Village and at the expense of the customer prior to restoration of water service to the premises.
[Amended 12-4-2023 by Ord. No. 301]
A.
No person, except authorized employees of the Village or authorized representatives of the Village, shall tap, change, remove, disconnect, repair, install, break a seal, turn on, turn off, or in any way operate or molest any water mains, water connections, meters, valves, hydrants, fittings or other appurtenances of the water system.
B.
No person shall operate any valve, hydrant or other appurtenance of the water system with any tool or device other than an approved wrench or key which has been approved by the Village.
C.
Whenever a service line is provided for fire protection on any premises or whenever hose connections for fire apparatus are provided on any service line, each connection or opening on such service line shall have not less than 25 feet of fire hose constantly attached thereto, and no water shall be taken through such openings or hose for any purpose other than for extinguishing fires, except for the purpose of testing such fire equipment. Any such test must be conducted under written authorization from the Village.
D.
No person shall permit a leak on a service line to continue beyond 72 hours. In the event that the Village gives notice to a customer that a leak exists on a private service line or a fire line and the leak is not repaired within 72 hours, the volume of water lost as reasonably estimated by the Village shall be billed to the customer.
E.
Electrical connections.
(1)
No person shall ground or electrically connect any radio, television, telephone or other electrical system to any pipes or appurtenances connected to the discharge side of the meter, unless:
(2)
A shunt placed around the meter shall be so placed that the meter may be removed without disabling the same, and no electrical connection whatever shall be made to the meter itself, or to the meter union or the meter "tail piece." The "tail piece" shall be defined as a short piece of pipe which is immediately adjacent to the meter and connected thereto by the meter union.
F.
The Village shall not furnish public water outside the Village limits except as grandfathered by action of the Village Council pursuant to adoption of this article.
G.
No premises shall receive free water as a connection to the system or as unpaid rates and charges. The Village shall shut off public water to any premises after determining that such premises has had benefit of free water service upon duly notifying the customer and giving a reasonable period of time to make payment. If charges impose a hardship on the customer, the Village may arrange for time payments, not to exceed 180 days. The customer shall be charged for all free water used, based on reasonable estimates of consumption over the length of time free service was enjoyed as determined by the Village, plus interest at current rates.
[Amended 5-15-2023 by Ord. No. 299; 12-4-2023 by Ord. No. 301]
A.
The Village adopts by reference the Water Supply Cross-Connection Rules of the Michigan Department of Environmental Quality, Mich Admin Code, R 325.11401 through R 325.11407, as may be amended from time to time after adoption of this article.
B.
It shall be the duty of the Village to cause inspections to be made of all properties served by the public water supply where cross-connections with the public water supply are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the Village Council by resolution and as approved by the State Department of Public Health.
C.
The Village or its representative shall have the right to enter at any reasonable time any property served by a connection to the water system for purposes of inspecting the plumbing system or systems thereof for crossconnections. On request, the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the plumbing 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-connections.
D.
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 water system. Water services to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this article and verified by the Village or its representative..
E.
The water made available to the premises served by the water system shall be protected from possible contamination as specified by this article and by the State Plumbing Code. Any water outlet which could be used for potable or domestic purposes, but is not supplied by the system, must be labeled in a conspicuous manner as:
WATER UNSAFE FOR DRINKING |
F.
This article does not supersede the State Plumbing Code but is supplementary to it.
[Amended 12-4-2023 by Ord. No. 301]
The Village may issue a water conservation order during times of high usage or drought where the continued use of water at the customer's discretion may endanger the water available to all customers. The conservation order shall be issued by the Director of the Department of Public Works or Village Manager and shall include specific steps ordered to reduce usage, time limit for the order, and a statement of fines or penalties for disregarding the order. The Village may issue several water conservation orders, provided that such orders clearly indicate that the latest order supersedes all previous orders. Such water conservation orders shall be deemed necessary to protect the supply of water from the system as required for the health and safety of the citizens in the Village and customers of the system and, to the extent practical, shall be published not less than three days before the effective date of the order.
[Amended 5-15-2023 by Ord. No. 299; 12-4-2023 by Ord. No. 301]
A.
All premises connected to the water system shall be charged and make payments to the Village in amounts computed on the basis of a resolution adopted by the Village Council as may be amended from time to time. The rates, fees and charges for use of the system are established by the Village Council in compliance with and under the authority of, the provisions of this ordinance, other applicable Village ordinances and resolutions, Act 94, Public Acts of Michigan, 1933, as amended, and other applicable statutes of the State of Michigan.
The rates, fees and charges for the use of and connection to the system are hereby established for the purpose of recovering the cost of construction, reconstruction, maintenance, repair, and operation of the system and to comply with Federal and State Safe Drinking Water Acts and related regulations, to provide for the payment of principal and interest on any bonds now outstanding or authorized to be issued as and when the same become due and payable, to create a bond and interest redemption account therefor, a bond reserve account, and an equipment repair, replacement and improvement account to provide reasonable and necessary improvements to the system. Such rates, charges and fees shall be made against all users of the system in a fair and equitable manner and based on the level of service provided.
The Village has investigated several methods of apportioning the costs of the water service provided by the system. Based on its investigation and on the advice of its engineers and administrative staff, the Village Council has previously found, and currently reaffirms, that to ensure the stability and viability of the System for the benefit of its users, the fairest and most accurate way to apportion the costs of operation, maintenance, administration, replacement and improvement of the water service provided by the system is to charge each user (i) a quarterly base charge, (ii) a commodity charge for water usage, (iii) a lead service line charge, and (iv) such other fees and charges for services as authorized by this ordinance or resolution.
The Village Council further has previously found, and currently reaffirms, that the rates, charges and fees set forth herein and by resolution fairly and accurately apportion the fixed and variable costs of providing water service among the users of the system and that the base charge, commodity charge, lead service line charge, and other fees for service provide actual benefits to such users in the form of ready access to water services that would be unavailable if such charges were not charged.
B.
The Village shall establish a quarterly base water service charge for the use of the system to fairly apportion operation, maintenance and replacement charges, including debt service and related bond and replacement reserves, which shall be charged according to rate of residential equivalent units..
C.
(Reserved)
D.
The Village shall establish a flat per 1,000 gallons' commodity rate to be applied to each premises according to rate of flow as recorded by the meter.
E.
The customer shall be charged a fee as set by resolution of the Village Council whenever the Village is requested in writing by the customer to turn on or off water service. Whenever the Village is requested to provide turn-on or -off services at times other than during regular working hours, there will be imposed an additional charge of labor and materials.
F.
Both public and private owners of fire hydrants shall pay a readiness-to-serve charge per hydrant per year. Charges shall be determined by a resolution of the Village Council.
G.
The Village shall pay the same water rates for service to it as would be payable by a private customer for the same service. The Village shall bill itself on the same basis of billings for a private customer. Fire hydrant charges shall be paid annually from the general fund to the water fund and rates shall be set according to Subsection F above.
H.
For development of properties after the adoption of this article, a readiness-to-serve charge shall be paid prior to any installation to the water system. The readiness-to-serve charge shall be set by resolution of the Village Council based on the following meter sizes:
I.
The Village Council shall charge each user of the system a lead service line fee $10 per quarter to provide funds to replace lead service lines throughout the Village.
J.
The Village Council may amend any of the rates, charges or fees charged for services provided hereunder by resolution at any time when review of such rates, fees, charges, costs of service, treatment or other factors related thereto indicate a rate change would be in the best interests of the Village to ensure continued sound financial operation of the system. The rates, charges and fees presently in effect are hereby continued until revised by resolution or ordinance of Village Council.
[Amended 12-4-2023 by Ord. No. 301]
A.
Bills for the rates and charges set forth in § 466-11 or otherwise authorized by ordinance or resolution shall be dated and mailed as defined by resolution of the Village Council. These bills shall be due and payable at the Village Hall. The bills shall become delinquent on the 30th day after the date of billing, unless a later delinquent date is set by Village Council. At the time of delinquency 10% penalty shall be added to the unpaid balance.
B.
The charges for public water, which under the provisions of Section 21, Act 94, Public Acts of Michigan, 1933, as amended, are made a lien on all premises served thereby, unless written notice is given that a tenant is responsible, are hereby recognized to constitute such lien, and whenever such charge against any piece of property shall be delinquent for six months, the Village Council shall certify annually, by June 30 of each year, to the tax assessing officer of the Village, the fact of such delinquency, whereupon such charge shall be by him/her entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general Village taxes against such premises are collected and the lien thereof enforced; provided, however, where written notice is given that a tenant is responsible for such charges and service, as provided by Section 21, Act 94, Public Acts of Michigan, 1933, as amended, no further service shall be rendered to such premises until a cash deposit, in an amount set by resolution of the Village Council, shall have been made as security for payment of such charges and service. The lien created in this section shall have priority over all other liens, except taxes or special assessments, whether or not such liens accrued or were recorded prior to the accrual of the water lien.
C.
If any charge for public water prescribed by this article is not paid within 30 days after the billing therefor shall begin accruing interest at the rate of 1% for each month or portion of month that such charge remains delinquent, and after the customer has been given written notice and an opportunity to meet with the Village Manager to resolve any dispute regarding the amount of such billing, all water service may be shut off and discontinued to the premises owing or liable for such charge. Water services so discontinued shall not be restored until all sums then due and owing shall be paid plus a disconnection and turn-on charge and an appropriate security deposit made as may be prescribed by resolution of the Village Council. If turn-on is requested outside of normal Village operating hours, a fee for time and materials shall be added to all fees owing.
D.
At its option, the Village may, in addition to the remedies above, in its corporate name, bring suit in any court of competent jurisdiction for the collection of any water service charge which, 30 days after the billing therefor, has not been paid. The production of the meter records or cost records shall be prima facie evidence of the liability to pay the amount therein shown to be due.
E.
Payment made by check and returned as nonsufficient funds or other reason shall include a returned check fee, as determined by the Village Council, along with all other sums due and owing. Failure to provide payment in cash within 24 hours of written notice by the Village shall result in termination of public water service.
F.
The Village Council may write off any delinquent account declared uncollectible by the Village Manager.