Whoever violates any provision of this article for which no penalty is otherwise provided shall be subject to the penalty provision set forth in section
1.01.009.
(1993 Code, sec. 51.99(a); 2006
Code, sec. 82-183(a))
(a) Meter required; dual connections.
All water shall be
furnished on a metered basis and a separate meter shall be installed
for each family dwelling and business establishment, except by consent
of the city manager in regard to a meter serving the entire building
(for example, a strip shopping center) or property served with water
and sewer. There shall be no dual connection or more than one user
on a single residential meter.
(b) Application for water connection.
It shall be unlawful
for any person to make any connection to the mains or pipes of the
waterworks system without first making application to the city, stating
fully the several and various uses for which water is desired. If
the application is approved by the public works superintendent, a
receipt will be issued upon payment of all deposits, fees and charges
established by the city council.
(c) Billing of charges; consolidated billing; late payment.
Monthly charges for water (including charges established for sewer service and garbage collection) including late fees shall be billed in accordance with the adopted fee schedule in appendix
A of this code.
(d) Reasons for discontinuance of service.
Water and/or
garbage collection services may be discontinued for any of the following
reasons:
(1) Failure of a customer or user of the waterworks system to pay a monthly
charge within 30 days from the billing date shall be grounds for the
city to disconnect the service so supplied, and such service shall
not be resumed until the total amount due the city and the reconnection
fee for the water service has been collected, regardless of the amount
of the customer’s security deposit.
(2) A finding by the public works superintendent that such customer is
in violation of any of the acts prohibited by this article.
(e) Notice of disconnection of service; access to premises.
Notice of disconnection of water service shall consist of a mailing
or hand delivery to the customer at least five days prior to the date
of disconnection. The city shall have access to its meters, equipment
and other property located on a customer’s premises at all reasonable
times and for the purposes connected with or in furtherance of its
business operations, and may remove such property from customer’s
premises. The city shall be under no duty or obligation to inspect,
maintain or repair the pipes, equipment or facilities belonging to
a customer and shall not be liable for damages thereto or arising
therefrom.
(f) Testing of meters.
In the event a customer questions
the accuracy of the meter serving his property, such meter shall be
checked by the water department. If the public works superintendent
is of the opinion that the meter is operating properly and the customer
continues to question the accuracy of the meter, the city shall change
out the meter and the meter removed from the customer’s property
shall be tested by an independent testing firm. If the meter is inaccurate
more than one percent, the city shall pay the cost of the new meter.
If the meter is accurate within one percent or less, the customer
shall pay the city charge for a new meter.
(g) Deposit.
The city council shall, from time to time,
establish by resolution a schedule of deposits required of all customers
receiving water services.
(h) Indemnification of city.
All water service customers
shall be held responsible for and indemnify the city against any injury
or loss of city-owned property and equipment while it is on customer’s
premises arising out of or caused by the negligence, carelessness
or willful act of the customer or his servants, agents, employees
or any member of his household, or any person or persons upon his
premises by authority of his consent or sufferance.
(1984 Code, sec. 3-1-4; 1993 Code,
sec. 51.02; 2006 Code, sec. 82-22; Ordinance 212, sec. 4, adopted 11/7/83; Ordinance 242, sec. 2, adopted 4/7/86; Ordinance adopting 2015 Code)
No free water or utility service shall be permitted, and to
the extent the city or any of its agencies or instrumentalities shall
avail themselves of the services and facilities provided by the waterworks
system, they shall pay therefor the same rates and charges as established
for other customers.
(1984 Code, sec. 3-1-5; 1993 Code,
sec. 51.03; 2006 Code, sec. 82-23; Ordinance 212, sec. 5, adopted 11/7/83)
It shall be unlawful for any person to do, commit or assist
in the committing of any of the following acts:
(1) To open or close any fire hydrant, gate valve or stopcock connected
with the waterworks system, or lift or remove the covers of any gate
valve or shut-offs thereof, without the permission of the public works
superintendent, except in case of fire, and then under the direction
of officers of the fire department.
(2) To interfere with, destroy, deface, injure or wantonly force open
any gate or door, or in any way whatsoever destroy, injure or deface
any part of any engine house, reservoir, standpipe, elevated tank,
building or buildings, or appurtenances, fences, trees, shrubs or
fixtures or property appertaining to the waterworks system.
(3) To go upon or ascend the stairway or step on any elevated water storage
tank or standpipe of the waterworks system, except by permission of
the public works superintendent and the city manager.
(4) To place any telegraph, telephone, electric light pole or any obstruction
whatsoever within three feet of any fire hydrant.
(5) To resort to any fraudulent device or arrangement for the purpose
of procuring water for himself or others from private connections
on premises contrary to the provisions of this code.
(6) To place upon or about any fire hydrant, gate, valve or curb cock
connected with the waterworks system any object, material, debris
or structure of any kind, or to interfere in any manner whatsoever
with any of the waterworks, or to turn on the water after service
has been disconnected.
(7) To park a vehicle within 15 feet of any fire hydrant.
(8) To make or permit to be made any connections with the main, or service
pipes, or the waterworks system, or to turn on or use the water of
the system without first obtaining a permit therefor.
(9) To remove any water meter that has been placed by the city, or to
in any manner change, interfere with or tamper with any water meter;
provided that the provisions of this section shall not apply to the
employees of the city when acting in their official capacity.
(10) To install or maintain any utility bypass or connection between the
utility meter and the main source of supply, except as may be installed
upon written permission from the city and the utility company, if
any, furnishing such utility through a franchise granted by the city.
(11) To use any utility after the same has been cut off by the city, its
agents or the utility company furnishing such utility under a franchise
granted by the city, without first having secured a new permit. The
discovery of an unauthorized bypass as above mentioned shall be prima
facie evidence that such bypass was installed by and maintained by
the person or persons to whom the utility service is received through
such unauthorized bypass. Also, after a utility service has been turned
off by the city, discovery that the utility meter valve has been turned
on without authorization shall be prima facie evidence that the person
to whom the utility service is being received turned on such utility
meter valve.
(12) To receive water through the water meter of another after service
has been terminated because of nonpayment of the water bill or to
furnish water through one’s water meter to the property of another
whose water service has been terminated because of nonpayment of the
water bill. The existence of any unauthorized pipe, hose or other
method of transmitting water between such properties, as the case
may be, is in violation of the provisions of this section.
(13) To connect or maintain any system of water lines through which water
from a private well or water from any other source other than that
furnished by the city may, under any circumstance, be introduced into
or commingled with the city waterworks system.
(1984 Code, sec. 3-1-6; 1993 Code,
sec. 51.04; 2006 Code, sec. 82-24; Ordinance 212, sec. 6, adopted 11/7/83; Ordinance adopting 2015 Code)
(a) Offenses.
A person commits an offense of theft of water
by any of the following actions:
(1) A person may not knowingly tamper with, connect to, or alter any
component of the city’s water system, including valves, meters,
meter boxes, lids, hydrants, lines, pump stations, ground storage
tanks, and elevated storage tanks. This shall include direct or indirect
efforts to initiate or restore water service without the approval
of the city.
(2) If, without the written consent of the city manager or the city manager’s
designee, the person knowingly causes, suffers or allows the initiation
or restoration of water service to the property after termination
of service(s). For purposes of this section, it shall be assumed that
the owner, occupant, or person in control of the property caused,
suffered, or allowed the unlawful initiation or restoration of service(s).
(3) A person may not knowingly make or cause a false report to be made
to the city of a reading of a water meter installed for metered billing.
(4) A person commits a separate offense each day that the person performs
an act prohibited by this section or fails to perform an act required
by this section.
(b) Penalty.
An offense under this section is a class C
misdemeanor punishable by a fine of up to $2,000.00 and/or discontinuance
of water service by the city.
(2006 Code, sec. 82-27; Ordinance 09-08-809, secs. 2, 3, adopted 8/17/09)