The following definitions shall apply exclusively in the construction of this article:
Business unit.
Any other unit other than a single-family dwelling unit and a multiple dwelling, as herein defined, and shall include schools, churches, theaters, clubs and retail and commercial businesses of every kind and character.
Commercial, non-restaurant.
A customer occupying property located within the corporate limits of the Town which is commercial or retail in purpose or use, except those properties which are designated for restaurant use.
Commercial, restaurant.
A customer occupying property located within the corporate limits of the Town which is commercial in purpose or use and is designated for restaurant use, where guests are served at tables within a building or other designated areas.
Connection.
The service to one (1) single-family dwelling unit within the Town, or to each dwelling unit in a multiple dwelling, or to a business unit.
Cross-connection.
In accordance with the definition in Publication No. 525, U.S. Department of Health, Education, and Welfare, Public Health Service, means any physical connection or arrangement of pipes between two (2) otherwise separate water supply systems, one (1) of which contains potable water and the other water of unknown or questionable safety, whereby water may flow from one (1) system to the other, the direction of flow depending on the pressure differential between the two (2) systems, as such definition may be amended from time to time.
Customer.
A person that:
(1) 
Has an account with the Town for the supply of water, sewer or sanitation (refuse collection) services; or
(2) 
Has made application, whether written or oral, to the Town for water, sewer or sanitation (refuse collection) services; and
(3) 
Such service has been provided or made available by the Town at the premises specified in the application.
Director of Public Works.
That person specifically charged with operation of the water system, the sewer system, the care and maintenance of streets, and the care and custody of all Town-owned buildings.
Equipment belonging to the Water Department.
All pipes, meters, connections, valves and other chattel goods used by the Water Department as part of the water system of the Town.
Multiple dwelling.
A building or structure containing two (2) or more dwelling units.
Office building.
Any premises within the Town the principal use of which is nonresidential and in which there are multiple tenants or spaces for multiple tenancy.
Person.
Any individual, firm, association, partnership, corporation or body politic or corporate, and shall specifically include all customers.
Plumber.
Any person licensed in accordance with and performing plumbing as defined by the Plumbing License Law of the State.
Premises.
Any real property located within the corporate limits of the Town, whether such property be improved or unimproved or in the process of being improved, and whether residential or commercial in purpose or use.
Residential, lessee.
A customer occupying property located within the corporate limits of the Town which is residential in purpose or use and who is not the owner of occupied property.
Residential, owner.
A customer occupying property located within the corporate limits of the Town which is residential in purpose or use and who is the owner of occupied property.
Sewer system.
That system of pipes and other equipment maintained by the Town for the collection and transportation of sanitary sewer waste within the corporate limits of the Town.
Single-family dwelling unit.
A house designed for and used and occupied by the constituent members of one family and their bona fide servants.
Town Administrator.
That person appointed by the Town Council to manage the affairs of the Town, or his authorized representative.
Town code.
The Code of Ordinances of the Town, as amended from time to time.
Town water.
Any water supplied to any premises, whether or not through a meter or fire hydrant, or to any customer, or to any other person, the source of which is the water system of the Town.
Utility service.
The delivery of treated water, transference of sanitary sewer waste, collection of refuse, monitoring of security alarm systems or other services rendered by the Town to persons and institutions under the conditions of this article.
Water Department.
That Department of the Town charged with the responsibility for the provision and distribution of water, sewer or sanitation (refuse collection) services to persons or premises within the corporate limits of the Town, and the authorized officers, employees and agents of such Department.
Water leaks.
Leaks in a customer’s water distribution system. This excludes the loss of water due to mechanical failure of water closets, irrigation controllers and other mechanical equipment.
Water system.
That system of pipes and other equipment maintained by the Water Department for the provision and distribution of water to premises or fire hydrants within the corporate limits of the Town.
(1971 Code, sec. 16-1; Ordinance adopting Code)
Any person or entity that shall fail to comply with or that shall violate any of the terms of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code. In addition, any violation of the terms of this article shall authorize the Water Department to terminate water or sewer service or both to the offending person or entity and to withhold further service until such time as the terms of this article shall have been complied with.
(Ordinance 1624, sec. 2, adopted 4/25/05)
(a) 
Any person who desires water, sewer or sanitation (refuse collection) service to any premises shall make written application to the Town therefor upon a form provided by the Water Department. The application form shall contain, among other things, the address of the premises, the name and address of the customer and the name and address of the owner of the premises, and a contract on the part of the applicant to pay the Water Department all charges for water, sewer and sanitation (refuse collection) services, including any pro rata charges, and shall contain an agreement that the applicant will abide by all provisions of this article and other ordinances of the Town relating to such services.
(b) 
If the application required herein be for service to a residence, the application shall include, in addition to those terms enumerated above in subsection (a), the name of the head of the family in control of such premises.
(c) 
If the application required herein be for service to premises other than a residence, the application shall include, in addition to those terms enumerated above in subsection (a), the name or names of the person or persons in control of the premises, whether owners or tenants.
(d) 
If the application required herein be for service to an office building, the application shall include, in addition to those terms enumerated above in subsections (a) and (c), the signature of the person or persons who own the office building or his or their designated agent.
(e) 
The application required herein may be accepted by the Water Department by telephone; provided that, in such case, the form will be mailed to the applicant to be signed by him and returned, together with the deposits and other fees required by this article, within ten (10) days of the date the application for service was made by telephone.
(f) 
If an application made as provided above in subsection (e) be not returned as therein provided, services covered by the application shall be discontinued immediately, without further notice to the customer, until the application, properly signed, is filed and the deposit made with the Water Department at its main office in person by the applicant.
(g) 
An applicant or customer shall furnish proper identification upon request of the Water Department, together with all information regarding the service address, including but not limited to ownership, tenancy or any relationship of the applicant or customer to other present or former applicants or customers at the service address. Failure of the applicant or customer to furnish such information within ten (10) days shall be sufficient grounds for the immediate discontinuance, without further notice, of any water, sewer or sanitation (refuse collection) services to the service address then being rendered.
(h) 
Where an application required hereunder is accepted for water, sewer or sanitation (refuse collection) service to any premises, such premises shall be deemed the bona fide residence or other location, described above in subsections (b) through (d), of the customer, and should water, sewer or sanitation (refuse collection) service be discontinued to such premises because of violations of any of the provisions of this article, no new application shall be accepted from any person to continue service to such premises under any other name so long as the premises are in the control of the original customer, whether owner or occupier, until all penalties, bills and damages due to the Water Department have been paid in full or until agreement relating to payment thereof has been reached between the customer and the Water Department. If any person shall knowingly and willingly make a false statement in any application for water, sewer or sanitation (refuse collection) services, he shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(1971 Code, sec. 16-2)
(a) 
Meter required.
All customers shall be supplied with water only when the amount supplied is measured through a meter. Meters for service within the Town shall be furnished and installed by the Water Department at the customer’s expense, which shall include the cost of any excavation necessary to install meters and service lines and to expose water or sewer mains for connection.
(b) 
Location, type and number of meters.
The location, installation, size, type and number of meters on the premises shall be at the direction of the Director of Public Works.
(c) 
Fee for installation of meter.
The Town shall charge, and shall collect in advance, a fee for the installation and connection (does not include excavation cost) to mains of each meter in accordance with the following schedule:
(1) 
5/8-inch meter: $750.00.
(2) 
1-inch meter: $850.00.
(3) 
1-1/2-inch meter: $1,400.00.
(4) 
2-inch meter: $1,800.00.
(5) 
Meter larger than 2-inch: Cost.
(d) 
Request for different meter location.
In the event that a customer requests a meter location other than that prescribed by the Director of Public Works, and if the Director of Public Works gives his approval, the customer shall bear the entire expense of any excavation or extension of existing lines necessary to make the requested connection.
(e) 
Equipment to remain property of Town.
All meters, curb cocks, valves, meter boxes, and fixtures appurtenant thereto connected, installed or used by the Water Department as provided herein, including those furnished at the customer’s expense, shall remain the property of the Town, under the direct control of the Water Department.
(f) 
Maintenance of meters.
All meters, when rendered unserviceable through normal wear and tear, shall be maintained, repaired and renewed as necessary exclusively by the Water Department. When such maintenance, including adjustment, repair or replacement, of any meter is rendered necessary by the act, neglect, negligence or carelessness of the owner or occupant of the premises, any expense thereby incurred by the Water Department shall be charged against and collected from the customer and, if such charges be not paid when billed, services shall be discontinued within ten (10) days of such default of payment.
(g) 
Stop and waste cock.
The customer shall install inside the property line a stop and waste cock of a design approved by the Director of Public Works, at a location accessible in the event of an emergency. The curb cock at the meter shall not be used in lieu of the stop and waste cock required by this subsection.
(h) 
Backflow prevention device.
The Director of Public Works shall have authority in his discretion to require the installation of a checkvalve or backflow and backsiphonage device of a design approved by him, on any premises, for the protection of the water system. Should the Director deem such installation necessary, upon written notice to the customer of such determination, the customer shall immediately install the type of device indicated in the notice at his own expense. Failure or refusal on the part of the customer immediately to install the device as required by this subsection or the inability of the water system on the premises of the customer to receive such device shall constitute a ground for the Water Department to discontinue water service to the premises until such device be installed.
(i) 
Reading of meters.
(1) 
All meters shall be read monthly, as may be practicable, by the Town Water Department, and bills rendered therefor, as provided in section 13.02.044 of this article.
(2) 
An estimate of the quantity of water delivered to the premises and bill therefor shall be made if:
(A) 
The meter reader is unable to procure a reading of the meter because access to the meter is obstructed in any manner subject to the control of the customer;
(B) 
The meter cannot be located by the meter reader;
(C) 
The meter does not properly function or is otherwise defective, as provided in subsection (j) of this section;
(D) 
Adverse weather or other acts of God prevent the reading of the meter;
(E) 
No meter is in place at the premises; or
(F) 
A meter reading is not available to the billing section of the Water Department at the time of preparation of the bill for any other reason.
(3) 
All estimates herein allowed shall be based upon:
(A) 
Past consumption experience at the premises, adjusted for seasonal consumption; or
(B) 
If there be no past experience, then upon consumption of the same type of customer under similar conditions as adjusted for seasonal consumption.
(4) 
The customer shall pay to the Town the amount of the bill rendered, as provided in section 13.02.044 of this article; provided that, in the event that the customer demonstrates that an estimate allowed by this subsection is excessive, the customer shall pay an amount based upon:
(A) 
An actual meter reading on the premises; or
(B) 
A revised estimate made by the Water Department as provided in subsection (i)(3) of this section.
(j) 
Testing of meters.
In the event that a water customer of the Town requests the Water Department to remove and test a customer’s water meter, the Water Department shall cause such testing to be done only when a customer’s request is in writing and contains a promise by the customer to the Water Department to pay for all expenses incurred by it for such test. If, upon such removal and test, the meter is found by the Water Department to register more than two (2) percent more water than actually passes through it for meters of one (1) inch or smaller, or three (3) percent for meters larger than one (1) inch in size, the fee charged the customer under this subsection shall be credited to his account. Whenever a meter has been found by the Water Department to be out of order, as herein defined, the customer shall be charged with an average daily consumption, as shown by the corrected meter, for the ninety-day period preceding the filing of the request.
(k) 
Connection for sprinkler or fire service system.
(1) 
No connection for a sprinkler or fire service system shall be permitted on any premises without a meter, or a detector check with a bypass meter; provided that such installation may be allowed after written application therefor has been made to and granted in writing by the Water Department and approved by the Plumbing Inspector of the Town.
(2) 
Should it be found that any such connection has been made otherwise than as authorized in this subsection, or that any water has been used from a sprinkler or fire service system for any purpose other than extinguishing a fire, or that waste of water is permitted from such connection through leakage in the pipes or fixtures, the water service to the premises concerned shall be shut off and not turned on until a meter of the size and type prescribed by the Director of Public Works shall have been installed as provided in this section. In any event above enumerated, the customer shall make application for service as prescribed in this article for new applicants.
(3) 
The costs of purchase, installation, maintenance and inspection of all equipment required by this article for the installation and operation of sprinkler and fire service systems shall be at the expense of the customers.
(l) 
Water at construction sites.
The Director of Public Works shall have authority to permit water to be supplied to a construction site without a meter under such regulations as he may issue.
(1971 Code, sec. 16-3; Ordinance 1875, sec. 9, adopted 11/14/11)
No sewer connection shall be made to any property within the Town unless such property is likewise connected to and served by the water system of the Town, and such sewer service charge shall be made and billed concurrently with the water service charge on the premises. The bill for such sewer charge shall be rendered monthly jointly with the water bill, but shall be separately shown thereon. In no event shall there be any abatement of the sewer service charge by reason of the vacancy of any dwelling unit or improved property or structure connected to the sewer system of the Town.
(1971 Code, sec. 16-5)
All persons owning or occupying property in the Town with occupied buildings thereon situated are required to have a connection with the sanitary sewer of the Town. The property owner is responsible for excavating in a Town street, alley or easement to uncover or expose the sanitary sewer main and for restoring the street, alley or easement to its original condition. The property owner or his contractor shall comply with all ordinances of the Town regulating excavations on public property. Upon payment of a fee in the amount of seven hundred fifty dollars ($750.00), the Town will install the property owner’s tap or connection and extend the building sewer to the property line.
(Ordinance 1875, sec. 10, adopted 11/14/11)
(a) 
Unless otherwise provided in this article, all required notices shall be in writing and presented to the Water Department within ten (10) days.
(b) 
Notice to or from the customer or any person, or to or from the Water Department, shall be required in the following cases:
(1) 
The customer, or his duly authorized agent, shall give notice to the Water Department immediately upon the use of any of his water by an employee or contractor of the Town who is engaged in any work of public improvement, or work of any character, or for any other reason. Such notice shall state the name of the owner of the premises, the address of the premises, and the approximate amount of water use for the public purpose.
(2) 
The customer, or his duly authorized agent, shall give notice to the Water Department when it is desired permanently to discontinue all water, sewer or sanitation (refuse collection) services to the premises; provided that, if water service to the premises be through more than one meter, the customer may limit the notice herein required to such meter or meters as he may desire. Notice given under this subsection shall be effective upon receipt by the Water Department, as defined in section 13.02.044(c) of this article, to terminate any further accrual of liability by the customer for service through the meter or meters included in the limited notice. In the event that a total and permanent cessation of services is desired, then the notice given under this subsection shall, upon receipt by the Water Department, terminate any further accrual of liability for such services by the customer.
(3) 
The customer, or his duly authorized agent, shall give notice to the Water Department on the next business day after the premises of that customer shall become vacant or occupied; provided that, if such notice be not given, the owner of the premises shall be conclusively presumed to be the customer for all purposes of this article; provided further that services to the premises shall be discontinued immediately and shall not be restored until any past due bills are paid in full, upon notice of vacancy under this subsection.
(4) 
Before the commencement of the construction of any sidewalk, driveway, or street in the Town, any person engaged in such construction shall give notice to the Water Department at least twenty-four (24) hours prior to the date upon which construction is to begin. The notice required by this subsection shall include the location of such construction and the date of commencement of construction so as to provide the Water Department an opportunity to make such arrangements as are necessary to protect the water system. In the event that such arrangements shall require more than twenty-four (24) hours to complete, the Water Department shall notify the person or persons affected and shall have authority to restrain the commencement of construction for such period as shall be necessary for the protection of the water system.
(5) 
Before the commencement of any opening, grading, regrading, filling, excavation or any other structural work on any street or alley, any person engaged in such work shall give notice to the Water Department at least ten (10) days prior to the date upon which construction is to begin. The contents of the notice required by this subsection should be identical to that prescribed in the immediately preceding subsection of this section.
(6) 
Any other case in which notice is required to be given by or to the Water Department, the Town Administrator, or the Director of Public Works by or to any person or customer under the provisions of this article.
(7) 
Failure to furnish the notices required in subsections (b)(4) and (5) of this section shall subject the person engaged in the construction or work described to liability to the Town for any damages to the water system proximately caused by such failure.
(1971 Code, sec. 16-8)
(a) 
Fire hydrants are provided for the sole purpose of use by the Town to extinguish fires and may be used or opened only by the Water Department or Fire Department or upon written authority of the Water Department.
(b) 
Any person authorized to open fire hydrants shall use only an approved spanner wrench and shall replace the caps on the outlets when the same are not in use.
(c) 
The Water Department may in its discretion require a deposit in an amount fixed by the Department for any use of water from fire plugs other than by the Water Department or Fire Department.
(d) 
Upon written request by the owner of the premises on which a fire hydrant is located, and upon approval of such request by the Water Department, a fire hydrant may be moved, the costs of such a move to be borne solely by the owner of the premises, which costs are to be deposited with the Water Department prior to such a move.
(1971 Code, sec. 16-9(a)–(d))
(a) 
In a case in which Town water is used as an auxiliary supply to a roof or suction tank which is supplied also from any other source, such tank shall be of the open type, not of the pressure type, and Town water shall, in such a case, be delivered:
(1) 
Above the flow line; and
(2) 
Under the control of an automatic valve of a type approved for such use by the Water Department.
(b) 
All storage tanks shall be subject to periodic inspection by the Water Department and shall be maintained in conformity with the standards and requirements of the Department of State Health Services, as they may be amended from time to time.
(c) 
No pump taking suction from the Town supply for the purpose of service of storage tanks shall be installed or operated for such purpose, except upon prior issuance of a permit therefor by the Water Department, which permit shall specifically approve the size, rate, capacity and valving arrangements of such pumps.
(d) 
No cross-connection shall be permitted between any system of piping supplied by water from the mains of the Water Department and any other source of supply, public or private, or any secondary source known to be made unsafe for drinking water.
(e) 
Violation of this section shall result in the disconnection of any Town service lines, whether water or sewer or both, to the offending system until such time as the noncompliance is removed, the costs of such discontinuance and restoration of service to be borne by the customer and paid in full before restoration is effected.
(1971 Code, sec. 16-9(e)–(i))
(a) 
It shall be unlawful for any person other than a plumber, as defined in this article, to connect any water service on the premises or outlet side of any meter or meter box.
(b) 
It shall be the duty of any plumber who engages in construction or repair operations on any portion of the water system to report promptly to the Water Department:
(1) 
Every instance in which he has reason to believe that any person has tampered with, damaged or rendered unserviceable any meter, meter box, or other equipment belonging to the Water Department; and
(2) 
Every instance in which he has reason to believe that any unauthorized connections have been made by any person for any purpose.
(c) 
Whenever any plumber shall use Town water in testing pipes or repairing fixtures, he shall, before leaving the premises, turn the curb cock to the position in which he found it when he first opened the meter box.
(d) 
It shall be unlawful for any plumber to leave open for inspection any ditch, trench or other type of excavation on any public right-of-way or public way unless the excavation is barricaded and lighted in a manner approved by the Town. After inspection, the plumber responsible for the excavation shall backfill and securely tamp any such excavation so that the public way shall be safe for vehicular or pedestrian traffic. For the purposes of this subsection a plumber shall in no case be deemed an agent of the Town, and failure to comply with the provisions of this subsection shall render such plumber primarily liable for any damage or injury to any person or property that results from such noncompliance.
(e) 
Failure of any plumber who does any work under provisions of this article to pay promptly all charges and permit fees when rendered by the Water Department shall result in the withholding of any further permits for such work until such fees and charges shall have been paid in full.
(f) 
Any communication between the plumber and the Water Department required under subsection (b) of this section shall be privileged, and no action may lie against any plumber for such communication made in good faith.
(g) 
Only pipes of a size and type prescribed by the Water Department shall be used to connect to the water mains and other equipment of the Water Department, and the use of any other kind of pipe is expressly prohibited. Violation of this subsection shall be punishable as a misdemeanor.
(1971 Code, sec. 16-10)
(a) 
It shall be unlawful for any person to receive water from the Town otherwise than through a meter, as prescribed and subject to the exceptions in section 13.02.004 of this article.
(b) 
It shall be unlawful for any person to convert to his use any water from any hydrant or other water connection that is not on his premises, except that such conversion shall be permitted if:
(1) 
The consent of the owner or occupier of the premises or of the customer whose water is to be converted is first obtained; or
(2) 
For the purpose of containing or extinguishing a fire or similar exigent circumstance.
(c) 
It shall be unlawful for any person to:
(1) 
Prevent water from passing through, or to bypass in any manner, any meter used by the Water Department to supply water to a customer;
(2) 
Prevent a meter used by the Water Department from registering the quantity of water supplied to a customer;
(3) 
Interfere with the proper and accurate registration upon a meter used by the Water Department of the amount of water supplied to a customer;
(4) 
Divert water, by the use of any device, from a pipe or pipes used by the Water Department;
(5) 
Refuse to surrender upon demand to the Water Department any meter or other equipment in his possession, custody or control;
(6) 
Turn on or use water from the Water Department without an application or permit, properly issued as provided by this article for the premises, prior to such turning on or use;
(7) 
Place upon or about any valve, manhole, curb cock, stop box, meter, meter box or fire hydrant connected to any water pipe belonging to the Water Department, regardless of location, any object or structure that will prevent free access to the same;
(8) 
Deny any employee of the Town authorized by section 13.02.014 of this article access to any valve, manhole, curb cock, meter, meter box or fire hydrant connected to any water pipe belonging to the Water Department, whether such denial be by overt act or by creation or tolerance of a hazardous condition on the premises;
(9) 
Interfere with the performance of any lawful duty of any employee of the Town by obstruction of the employee in the discharge of his duties, whether such interference be by threats, gestures or otherwise;
(10) 
Injure, deface or destroy unlawfully, willfully or maliciously any reservoir, machinery, pipes, hydrants, meters, meter boxes, lids or other equipment belonging to the Water Department;
(11) 
Communicate any current of electricity to, or transmit the same along or through, or cause or permit any current of electricity to be communicated to or transmitted along or through, any equipment belonging to the Water Department;
(12) 
Make or cause or permit to be made any metallic connections, either directly or indirectly, with any equipment belonging to the Water Department whereby any electrical current shall or may be communicated to or transmitted along or through such equipment;
(13) 
Conduct or carry away any water from any fire hydrant without a written permit from the Water Department;
(14) 
Make any cross-connection between any system of piping supplied by water from the mains of the Water Department and any other source of supply;
(15) 
Maintain storage tanks supplied only with Town water, unless the tanks are constructed and maintained in accordance with such regulations as may be issued by the Water Department or Director of Public Works;
(16) 
Build, or cause to be built, any structure in such a manner as to expose any equipment belonging to the Water Department to damage from vehicular traffic on any street, road or alley, whether public or private, unless a permit for such a structure shall have been first obtained;
(17) 
Sell water for domestic or any other use within the Town, unless a permit for such sale or use has been first obtained from the Town Administrator;
(18) 
Interconnect private supplies of water, including deep well systems, with the Water Department water system, except as provided in this subsection:
(A) 
Correction and maintenance, in a manner satisfactory to the Department of State Health Services and the Water Department of the Town, of all existing sanitary defects in and around the private supply system;
(B) 
Provision to be made for complete bacteriological analyses by the Water Department of the supply involved, in accordance with the standard methods of water analysis of the American Public Health Association. This requirement means not less than four (4) analyses per month of two (2) standard samples, or more often if the analyses so warrant; and
(C) 
Provision by the owner of the private system involved to pay an equitable, pro rata share of the cost of all inspections and testing required herein, the rates to be determined by the Water Department subject to the approval of the Town Administrator, and the amount of such charges to be made a part of the net amount of the bill rendered to the customer as provided in section 13.02.044 of this article.
(19) 
A person commits an offense of the theft of water by any of the following actions:
(A) 
A person may not knowingly tamper with, connect to, or alter any component of the Town’s water system, including valves, meters, meter boxes, lids, hydrants, lines, pump stations, ground storage tanks, and elevated storage tanks.
(B) 
If, without the written consent of the Town Administrator or the designee, a person knowingly causes or allows the initiation or restoration of water service to the property after termination of services(s). For purposes of this subsection, it shall be assumed that the owner, occupant, or person in control of the property caused or allowed the unlawful initiation or restoration of the service(s).
(C) 
A person may not knowingly make or cause a false report to be made to the Town of a reading of a water meter installed for metered billing.
(d) 
The existence of any device, pipe or meter connected to any equipment belonging to the Water Department for the purpose of furthering any of the unlawful objects stated in subsections (a) through (c) of this section shall constitute prima facie evidence of knowledge of the particular violation charged.
(1971 Code, sec. 16-11; Ordinance 1624, sec. 1, adopted 4/25/05)
(a) 
The Town shall not be liable for any damage that may occur to boilers, air conditioning equipment, or other water-consuming devices that are supplied directly with Town water as a result of the interruption of water service for any reason.
(b) 
The Town shall not be responsible for nor held liable to any person for any property damage by water or sewage as a result of:
(1) 
Faulty or defective plumbing;
(2) 
Plumbing that does not meet the requirements of this article or the plumbing ordinance of the Town;
(3) 
Open pipes or fixtures;
(4) 
Water or sewer main breaks or leakage therefrom;
(5) 
Any damage resulting from the termination of or insufficiency of the water supply or pressure to the premises;
(6) 
Any damage resulting from any chemical condition of the water or any soluble or insoluble substances that may mix with or be in the water as delivered to the customer at the meter.
(7) 
Any other reason.
(1971 Code, sec. 16-12)
(a) 
The Water Department shall issue an official credential or badge to its authorized officers or employees, which shall remain the property of the Water Department and shall be returned thereto upon termination of employment of the person to whom issued.
(b) 
Upon presentation of the credential provided in subsection (a) of this section, the bearer thereof shall have the right to free access to any premises supplied with Town water or sewer services at all reasonable hours for the purpose of making an inspection of the water or sewer installation on the premises or for the reading of meters.
(c) 
In any case in which an authorized officer or employee of the Water Department, upon presentation of his credential, is denied access to or is hindered or prevented from the performance of the duties indicated in the preceding subsection, the Water Department may cause the water to be turned off from such premises without notice to the customer or occupant of the premises until such time as the Water Department is allowed to perform its lawful duties.
(d) 
The Plumbing Inspector of the Town shall make inspections of all service pipes, connections, utilities or fixtures installed for the purpose of receiving Town water, and in the event that such installations be not so approved, the Water Department shall refuse to initiate or to continue water service to the premises until such installations shall be approved by the Inspector.
(1971 Code, sec. 16-13)
(a) 
At the time application is made for utility services, a deposit in the form of currency, check, cashier’s check or money order shall be made with the Town for each water meter in the following minimum amounts for premises served as indicated:
(1) 
Residential, owner: $70.00.
(2) 
Residential, lessee: $100.00.
(3) 
Commercial, non-restaurant: $200.00.
(4) 
Commercial, restaurant: $500.00.
(b) 
If any customer has an account that requires a minimum deposit of two hundred fifty dollars ($250.00) or more, the Town Administrator, in his discretion, may accept a bond in lieu of the cash deposit.
(c) 
If a customer’s water service is disconnected for nonpayment, as provided in section 13.02.044(f) of this article, three (3) or more times within any twelve-consecutive-month period, the customer shall make a deposit with the Town in the amount equal to the sum of the highest gross utility bills for any three (3) consecutive months during which the customer’s water service has been active. The deposit required by this subsection shall be maintained by the customer at the dollar amount indicated herein, regardless of any forfeitures charged against it by the Town.
(d) 
If water service be discontinued for nonpayment of the bill as provided in section 13.02.044(f) of this article, the customer shall forfeit a portion of the deposits provided in subsections (a) through (c) of this section equal to the amount of such bill.
(e) 
Any and all sums of money collected or hereafter collected from customers as cash deposits to secure the Water Department against losses that it may sustain when a customer discontinues his water service shall be deposited in a special fund. The Town Administrator shall keep an accurate record of such customers and amounts so deposited.
(f) 
The principal amount of active deposits received prior to September 7, 1960, shall earn simple interest at the rate of six (6) percent per annum. Deposits received on and after September 7, 1960, shall not be entitled to earn interest. Interest shall cease to accrue when water service is discontinued at the customer’s request.
(g) 
The deposits required by this article, plus accrued interest, if any, less any amounts due and owing to the Water Department, shall be due and payable to the customer at the offices of the Water Department when water service is permanently discontinued at the request of the customer, provided that the customer signs an affidavit on a form provided by the Water Department to affirm his entitlement to receive such deposit.
(h) 
(1) 
After a period of three (3) continuous years of service, utility deposits will be returned as credit to an active account, provided that:
(A) 
The customer has a good payment record with the Town; and
(B) 
The deposit is for service to a resident-owner.
(2) 
Such refund as defined in this section will be granted as credit to the subsequent bill of each depositor having three (3) years’ service prior to each January 1.
(3) 
If utility services are transferred in the name of the depositor to an address other than originally applied for, the deposit amount will also be transferred. If the deposit amount has been returned as defined in this section, then no deposit for a new address will be required as long as the service remains in the name of the transferring customer.
(1971 Code, sec. 16-4(a))
(a) 
(1) 
For all water bills rendered by the Town, all customers shall be required to pay a service charge, as established and approved by the Town Council and included in the Town’s adopted master fee schedule, for each regular monthly billing period or for any period for less than one (1) month in which service was made available. Where more than one customer unit is served by one water meter, the customer in whose name such meter is registered shall be required to pay such service charge for each customer unit serviced by said meter, for each regular monthly billing period or for any period less than one (1) month in which water service is made available and shall be liable therefor.
(2) 
Each water customer shall also pay a unit cost per thousand gallons of water which is registered by said water meter as established and approved by the Town Council and included in the Town’s adopted master fee schedule.
(b) 
Any customer who is now receiving water services or may hereafter make application for such service through two (2) or more meters shall be charged no less than the minimum monthly rate prescribed in subsection (a) of this section for each meter on the premises so connected, whether active or inactive. Removal and reconnection of a meter for any seasonal purpose, including but not limited to lawn sprinkling, water or air conditioning, shall subject the customer to a reconnection charge in an amount equal to the minimum monthly charge multiplied by the number of months that such service was disconnected, not to exceed a twelve-month period. Any request that a meter be removed and reinstalled within any twelve-month period shall be deemed for a seasonal purpose and presumed not permanent within the meaning of this section.
(Ordinance 1896 adopted 9/10/12; 1971 Code, sec. 16-4(b))
(a) 
The Town shall charge and collect monthly from each customer a sum for sewer service rendered to consumer units in accordance with rates set forth in this section.
(b) 
(1) 
For all sewer bills rendered by the Town, all customers shall be required to pay a service charge, as established and approved by the Town Council and included in the Town’s adopted master fee schedule, for each regular monthly billing period or for any period for less than one (1) month in which service is made available if a water meter is connected to plumbing which drains to the sanitary sewer. Where more than one customer unit is served by one water meter, the customer in whose name such meter is registered shall be required to pay such service charge for each customer unit served by said meter, for each regular monthly billing period for any period less than one (1) month period in which service is made available and shall be liable therefor.
(2) 
In addition to the above sanitary sewer charge, each customer shall pay a unit cost charge per thousand gallons of water metered by the water service meter as established and approved by the Town Council and included in the Town’s adopted master fee schedule
(c) 
All charges under this section, including any penalties assessed, unless otherwise specifically provided for, shall be payable monthly in accordance with bills rendered therefor to the customer by the Water Department.
(1971 Code, sec. 16-5.2; Ordinance adopting Code; Ordinance 1897 adopted 9/10/12)
(a) 
Monthly billing.
All charges under this article, including any penalties assessed, unless otherwise specifically provided for, shall be payable monthly in accordance with bills rendered therefor to the customer by the Town Water Department. “Render” shall mean deposit in the United States mail by the Town Water Department.
(b) 
Due date.
The bill as rendered shall be the net amount due and payable to the Water Department for all water, sewer or sanitation (refuse collection) services, and the charges so rendered shall become delinquent fifteen (15) days after the date of billing as shown on the face of the bill, such date of delinquency to be determined as provided in the subsection (c) of this section.
(c) 
Date of receipt of payment.
Payment shall be made to the Water Department as provided in this subsection:
(1) 
If payment is to be made by mail, whether in cash or by check, the date of receipt by the Water Department shall be conclusively deemed to be the date of the postmark upon the envelope that contains the payment, provided that the payment enclosed in said envelope is fully negotiable; provided further that the burden of proof as to the date of receipt in such a case shall be upon the party asserting it.
(2) 
If payment is to be made in person and in cash, the date of receipt shall be the date stamped upon the cash receipt issued therefor by the Water Department; provided that, if payment in person is to be made by check, the date of receipt shall be the date of receipt stamped upon the reverse thereof as part of the endorsement of the Water Department.
(3) 
Any bill not paid, as of the date indicated in this subsection, within fifteen (15) days of the date of billing shall be delinquent for purposes of this article.
(d) 
Delinquency penalty.
Any customer whose bill is not paid within three (3) days after the date of delinquency shall thereupon be liable for payment of a penalty in the amount of ten (10) percent of the net amount shown on the face of the delinquent bill, provided that:
(1) 
Such liability shall be discharged upon payment of the delinquent bill, plus the penalty herein provided, prior to the due date of the next succeeding bill; and
(2) 
If such payment of a delinquent bill, plus the penalty herein provided, be not paid prior to the due date of the next succeeding bill, the amount of the delinquent bill, plus the penalty herein provided, shall be added to and become a part of the net amount of the next succeeding bill.
(e) 
Failure to receive bill.
Failure to receive any bill provided by this section shall not relieve the customer of any liability therefor.
(f) 
Discontinuance of service.
Upon the failure or refusal of any customer to pay within fifteen (15) days of the date such bill becomes delinquent, as provided in this section, it shall be the duty of the Town Administrator, without further notice to the customer, immediately to discontinue water, sewer and sanitation (refuse collection) services and to refuse further service to such customer until such charges are paid or until arrangements for payment satisfactory to the Town Administrator have been made.
(g) 
Verification of meter reading.
In any case in which there appears to be a material discrepancy in the net amount of the bill rendered to the customer, it shall be the duty of the Water Department, upon written notice from the customer, to send an Inspector to inspect and to verify the reading of the meter within five (5) days of receipt of the complaint, at no charge to the customer; provided that, if the number of written notices shall exceed three (3) within any twelve-month period, the Water Department shall be entitled to charge the customer five dollars ($5.00) for any inspection made as provided in this subsection during the succeeding twelve-month period, said charge to be added to and made a part of the net amount of the bill next rendered to the customer by the Water Department after the inspection so made.
(h) 
Adjustment of bill.
In the event that the discrepancy provided in the preceding subsection arises as a result of hidden water leaks or other latent causes of which the customer was unaware and which the customer could not have discovered on reasonable inspection, an adjustment of this bill for water service shall be made on the following basis:
(1) 
The amount of the customer’s average usage of water for the corresponding billing period in each of the three (3) years immediately preceding the bill in question shall be deducted from the amount shown on the bill in which the discrepancy occurs. Should the customer occupy the premises less than three (3) years, the adjustment shall be made using the corresponding billing period in the immediately preceding year(s).
(2) 
Any remainder shall be abated by the Town to equal the difference between the Town’s resale rate per thousand (1,000) gallons and the Town’s purchase cost per thousand (1,000) gallons; provided that the abatement herein provided shall be subject to:
(A) 
A written statement from a plumber that the leak was in fact due to causes of which the customer could not have been aware upon reasonable inspection; or
(B) 
An affidavit of the customer attesting to the above facts.
(3) 
In no case may the abatement provided for in this subsection be made more often than once within any six-month period.
(4) 
In the event that the discrepancy provided for in subsection (g) of this section arises as a result of hidden water leaks or other latent causes of which the customer was unaware and which the customer could not have discovered upon reasonable inspection to an account which incurs sanitary sewer charges, an adjustment of the bill for sanitary sewer service shall be made using the same basis as subsections (h)(1), (2) and (3) of this section.
(i) 
Premises with more than one occupant served by single meter.
If water is supplied to more than one (1) family or occupant through a single meter to the premises, the Town shall render its bill for such water, sewer and sanitation (refuse collection) services as are provided to the customer in whose name the account stands, and the Town shall not be responsible for any apportionment of the bill for said services among the occupants of the premises; provided that, upon default of payment by the customer of any bill rendered, the occupant or occupants of the premises shall be jointly and severally liable for payment thereof as if they were the customer; provided further that, in the event enumerated in the preceding clause, and if the occupant shall pay such bill on demand of the Town, the Town shall be subrogated to the paying occupant as to any cause of action by such paying occupant on the debt of the customer that is thus discharged.
(j) 
Water used for construction or repair of premises.
Water used in the construction or repair of any premises shall be charged against the owner of such premises, who shall be conclusively presumed to be the customer for all purposes of this article.
(k) 
Water furnished to Town departments.
All water furnished to the various departments of the Town shall be payable to the Water Department as in the case of customers, from such funds as may be appropriated to those departments by the Town Council.
(1971 Code, sec. 16-6)
(a) 
Each customer billed for water service shall be billed for sewer service at rates in accordance with the provisions of section 13.02.043, as amended from time to time, and such charges shall be shown on the water bill rendered to the customer under provisions of section 13.02.044 of this article.
(b) 
Each customer billed for water service shall be billed for sanitation (refuse collection) service at rates in accordance with the provisions of article 13.05, as amended from time to time, and such charges shall be shown on the water bill rendered to the customer under provisions of section 13.02.044 of this article.
(1971 Code, sec. 16-4(c), (d))
(a) 
For continuation of utility services which have been discontinued due to nonpayment of bill as provided in section 13.02.044(f) the Town shall assess the customer a fee as set by the Town Council by resolution on the miscellaneous fee schedule, to be included in the net amount of the next succeeding bill rendered to the customer.
(b) 
When a customer to whom the Water Department furnishes sewer services only becomes delinquent in the payment of his account, as provided in section 13.02.044 of this article, the Town Administrator in his discretion may order the sewer line cut and plugged until such time as the delinquency has been satisfied, the costs of such discontinuance and any subsequent restoration of sewer service to be borne by the customer and to be included in the net amount of the next succeeding bill rendered to the customer.
(c) 
The Water Department shall assess the customer a fee, as set by the Town Council by resolution on the miscellaneous fee schedule, for the dishonor of any check tendered to the Town in payment of any charges or fees assessed under this article, such fee to be included in the net amount of the next succeeding bill rendered to the customer.
(d) 
The Town shall assess a fee, as set by the Town Council by resolution on the miscellaneous fee schedule, for discontinuation or continuation of water service between the hours of 4:00 p.m. and 7:30 a.m. weekdays, or on weekends or holidays, to be included on the net billing of the next succeeding bill rendered to the customer.
(e) 
The service charges and fees provided in this section shall be in addition to, not in lieu of, any charges, fees, rates or penalties assessed under other provisions of this article or the Town code.
(1971 Code, sec. 16-7; Ordinance adopting Code)