[Ord. 96-310 § 1
(part); Ord. 76-757 § 1
(part); prior code § 39.01-1]
For the purposes of this chapter, the words set out in this
section shall have the following meanings:
A.
WATER MAIN – Means a water supply pipe owned by a public utility
company to which water lateral pipes may be connected to convey potable
water to a building or premises.
B.
WATER LATERAL PIPE – Means any pipe which is intended to convey
potable water from its connection with a water main and upon the premises
to be served thereby.
[Ord. 76-757 § 1
(part); prior code § 39.01-2]
It shall be the duty of the owner of the property served thereby
to maintain the water lateral pipe serving the premises and to promptly
repair the same when broken or leaking or otherwise causing a nuisance,
regardless of whether located on public or private property.
[Ord. 96-310 § 1
(part); Ord. 76-757 § 1
(part); prior code § 39.01-3]
Whenever the City engineer finds that a water lateral pipe is
broken or leaking or otherwise causing a nuisance, he shall cause
to be served upon the property owner of the premises served thereby;
as shown by the records of the county auditor, a written notice, stating
the nature of the condition, the location of the condition, a statement
of the action necessary to correct the condition and a reasonable
time within which to complete the same. Such notice may be given by
certified mail or by personal service. If given by certified mail,
the notice shall be deemed given when mailed.
[Ord. 96-310 § 1
(part); Ord. 76-757 § 1
(part); prior code § 39.01-4]
A.
Any person ordered to correct a nuisance or condition under the provisions
of this chapter may have a hearing with the City engineer as to whether
a nuisance or defective condition exists. A request for a hearing
must be made in writing and delivered to the City engineer within
the time stated in the notice, or it will be conclusively presumed
that a nuisance or prohibited condition exists, and it must be abated
or corrected as ordered. At the conclusion of the hearing, the City
engineer shall render a written decision as to whether a nuisance,
break or leak or other prohibited condition exists. If the City engineer
finds that such nuisance or condition exists, he must order it abated
within an additional time, which must be reasonable under the circumstances.
B.
An appeal from this decision may be had by immediately filing a written
notice with the City engineer. This appeal will be heard before the
City Council at a time and place fixed by the Council. The findings
of the Council shall be conclusive and, if a nuisance, break or leak
or other prohibited condition is found to exist, it shall be ordered
corrected or abated within a time reasonable under the circumstances.
[Ord. 96-310 § 1
(part); Ord. 76-757 § 1
(part); prior code § 39.01-5]
If the City engineer determines that the condition or nuisance creates an immediate hazard to the health and safety of any person or to the preservation and protection of any property, the City engineer is authorized and directed to perform any action which may be required under the circumstances to correct or abate such condition or nuisance, without prior notice or hearing, and may enter upon private property so to do. The cost of any corrective or abatement measures shall be assessed as provided in Section 13.24.070, after notice to the property owner under the applicable provisions of Section 13.24.030 and hearing as provided in Section 13.24.040.
[Ord. 96-310 § 1
(part); Ord. 76-757 § 1
(part); prior code § 39.01-6]
If the person notified to correct a condition or abate a nuisance
neglects or fails to correct or abate as directed, the City engineer
may perform the required action to correct or abate, keeping an accurate
account of the expense incurred.
[Ord. 96-310 § 1
(part); Ord. 76-757 § 1
(part); prior code § 39.01-7]
The City engineer shall mail a statement of the total expense
incurred to the property owner who has failed to correct or abate
as required by the notice, and if the amount shown by the statement
has not been paid within one month, the cost shall be levied and collected
by the City Council as ordinary taxes. If the amount expended to correct
or abate the nuisance or condition exceeds $100 the City Council may
permit the assessment to be paid in up to 10 annual installments,
to be paid in the same manner and with the same interest as benefited
property.
