(a) 
Use required; granting of exceptions.
The city adopts a policy mandating use of the city’s water and wastewater facilities for all residents inside the corporate city limits. Water and sewer customers shall be required to connect to the city water and wastewater system. Exceptions to this requirement would be granted on a case-by-case basis and granted only upon the approval by a majority of the city council.
(b) 
Notice of violation; penalty.
(1) 
Any person found to be violating any provisions of this section shall be served by the city with written notice stating the nature of the violation.
(2) 
Any person guilty of this violation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(Ordinance 020607-1 adopted 2/6/07; Ordinance adopting Code)
(a) 
Verification.
(1) 
All persons, firms, and/or corporations which install water meter(s) within the city or where the city provides water service outside the city to serve residential, commercial, and/or industrial customers shall, prior to installation, obtain authorization from the city to install such water meters.
(2) 
Approval of such installation of the city shall be based upon verification by an authorized representative of the person, firm, and/or corporation that the water meters conform to the city’s specified type of water meter. The process for approval shall be in a manner determined by the city.
(3) 
Upon completion of the installation of such water meters, and authorized agent of the person, firm, and/or corporation installing the water meter(s) shall certify the water meters conform to the city’s specifications for water meters. Upon installation and prior to use of the water meter, the meter interface unit (MIU) identification number and the meter number shall be furnished to the city. The process for approval shall be in a meter determined by the city.
(b) 
Water meter repairs and replacements.
(1) 
Any water meter installed by a person, firm, and/or corporation that ceases to properly function, either in terms of miscalculation or failure to properly broadcast readings, shall be repaired and/or replaced within five business days of notification by the city to the person, firm, and/or corporation.
(2) 
The city shall be notified in writing of any water meter repairs and/or replacements within five business days of the repair and/or replacement.
(3) 
In completing a replacement of a water meter
(c) 
Penalties for violation of this section.
(1) 
Criminal penalties.
(A) 
Any violation or failure to abide by, and comply with, any provision or requirement of this section shall be a violation, and shall be punishable as a class C misdemeanor, subject to a fine of up to $500.00 per occurrence.
(B) 
Each day upon which there exists a violation of this section, or a failure to abide by, or comply with, any provision or requirement of this section, shall constitute a separate occurrence, and shall subject the offer to separate criminal penalties.
(C) 
Prosecution pursuant to this section is in addition to and does not supplant other remedies.
(2) 
Civil penalties.
(A) 
Civil penalties may be imposed for the violation of any provision of this section, as follows:
(i) 
Up to $1,000.00 for each violation, and each day of a continuing violation may be considered a new violation; and/or
(ii) 
If applicable, default and revocation of any or all authorization granted to allow the installation of water meters in the city, subject to the procedural guidelines noted in this section, and further subject to any limitations imposed by federal or state law.
(B) 
In imposing the penalties and the amount, the city may weigh all applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and the other factors.
(C) 
Monetary civil penalties may be imposed in the manner prescribed by either local or state law.
(D) 
In addition, the city council may order specific performance of any actions required by this section.
(Ordinance 2021-1207-001 adopted 12/7/21)