Division 1 Generally

Certification.

Connections shall not be made to the city water or wastewater system until the city or the city’s operator has certified that the respective system or applicable portion thereof is adequate and operational.

Service access.

Upon application for connection to the water or wastewater system, the applicant shall grant an easement of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the city, in its judgment, may deem necessary. Taps and connections will not be made when, in the opinion of the city’s operator, the work area is obstructed by building materials and debris or the work area is not completed to finished grade. When sidewalks, driveways, fences or other improvements have been constructed prior to application for service, such application shall be construed and accepted as a waiver of a claim for damages to such improvements resulting from the reasonable actions of the city’s operator in installation of the customer’s connection.

City property.

All meters, fittings, boxes, valves and appurtenances installed by the city shall remain the property of the city. City maintenance of the water or wastewater service ends at the tap, or point of connection, of the lateral line into the city water or wastewater line.

Connections.

All connections to the city water or wastewater system shall be made by the city’s operator unless specified otherwise by the city council. No person, other than the properly authorized agents of the city, shall be permitted to tap or make any connections with the mains, distribution or collection lines of the city’s water or wastewater system, or make any repairs or additions to or alterations in any meter box, tap, pipe, cock or other fixture connected with the water or wastewater service except by the written permission of the city council. No new dual or multiple connections (being more than one user on a single meter) shall be permitted, unless otherwise permitted herein.

Plan approval required.

Each applicant for a connection shall, within ten (10) days prior to payment of tap fees, submit to the city operator the following information:

One set of drawings showing details of building plumbing, site plumbing and the location, size and number of proposed connections to the city’s water or wastewater system; and

A general description of the type of proposed establishment.

The city’s operator or other party designated by the city council shall review the information presented and may approve or reject the application, or request that further information be submitted prior to approval of the application. The applicant shall be notified in writing as to the basis for rejection. Failure to construct the facilities in accordance with approved drawings shall constitute a basis for denial of city water or wastewater services. If the application information is not timely made, the city shall not be held responsible for delays in the installation of any water or wastewater connection. Payment of tap fees to the city prior to the approval of plans shall not constitute approval of said plans or approval for service as set forth herein; any unauthorized connection or connections may be removed at the expense of the person or firm causing such connection or connections to be made.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.005 Interconnections.

Interconnections or cross connection of the city’s water or wastewater system, whether directly or through the customer’s private system to another source of water or otherwise, is strictly prohibited. Initial customers shall construct, and each customer shall maintain, water and wastewater connections and appurtenances so as to avoid infiltration of any substance into any potable water system. City personnel shall have access to all customer water and wastewater line connections and appurtenances within reasonable time periods to inspect for suspected unauthorized connections. The city reserves the right to assess against the customer such penalties as are provided by law and penalties provided herein in addition to any charges necessary to repair the damaged or contaminated portion of the system.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.006 Application for services.

Each prospective customer desiring water or wastewater service shall provide appropriate information for billing, accounting and rate classification purposes in order to obtain such service and shall pay the applicable tap fees, connection fees, deposits, and monthly charges as set forth in this article.

Prospective commercial customers in the wholesale service area:

Before receiving water or wastewater service, each prospective customer seeking water or wastewater service for a commercial property or structure located in a wholesale service area must, in addition to complying with any other requirements of this code, receive approval of an application submitted in accordance with this subsection.

The prospective customer shall submit a completed application to the city containing the following information:

(A)

Name and address of applicant;

(B)

Type of industry, business activity or other waste creative or water consumptive process;

(C)

Quantity of water to be used or wastewater to be discharged;

(D)

Typical analysis of the wastewater;

(E)

Type of pretreatment proposed; and

(F)

Such other additional information as the city requires.

§ 13.04.007 Tap fees and connection fees.

The city shall promptly forward the completed application to the city manager of the wholesale sewer service provider for review, and no later than two business days following receipt of the application. In the event the wholesale sewer service provider denies the application, the applicant may appeal the decision to the city council of the wholesale service provider.

(Ordinance 2018-O-527 adopted 5/10/18)

The tap fees or connection fees set forth in appendix A to this code shall be collected as applicable from the applicant before the corresponding water or wastewater system tap or connection is made. [The connection fees applicable to the utility customers located within the property zoned to the Carlton Planned Unit Development, as that property is described in Ordinance 2010-O-401, shall be paid at the time that a building permit application is submitted, and payment of the connection fee shall be a condition of issuance of a building permit.] Fees and charges are hereby established to defray the costs and expenses incurred by the city to connect structures and property to the city water and wastewater systems or to the system of the wholesale water or wastewater service provider, as applicable. The fees and charges established by this section shall be in addition to any and all other costs, fees, and charges established by ordinance for obtaining water or wastewater service, including but not limited to, security deposits and impact or cost recovery fees.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.008 Security deposits and utility accounts.

Deposit required.

All new and existing customers of the city’s water or wastewater utilities shall be required to pay and maintain a security deposit in the amount set forth in appendix A to this code at all times that services are provided in the customer’s name. The city shall not be required to pay interest on any deposits.

Security deposits shall not be transferable to another party and shall be held by the city to assure the prompt payment of all bills for water or wastewater services to the customer.

All customers requesting utility service shall personally sign the application for services and provide verification of name and current address for billing.

In the event any utility customer’s service is disconnected for late payment, the city will apply the deposit to the deficiency and require full payment of any delinquent utility account, in addition to any reconnection fees and reinstatement of the full security deposit prior to reinstatement and reconnection of utility services.

Security deposits shall remain with the city until termination of services.

Application of utility deposits.

All utility deposits held with the city shall, in addition to securing the payment for utility services received, also secure and may be applied to any other debt or obligation owed the city by the person or entity having made the utility deposit. The remaining balance of any and all utility deposits collected by the city for water or wastewater service shall be returned to the individual who secured the deposit in his or her name, at such time as such person terminates such utility service with the city. The deposit will first be applied to any outstanding utility bills, then to any additional outstanding debts to the city and the remainder will be returned upon proper request and application. Additional outstanding debts of the individual seeking return of a utility deposit include, but are not limited to:

(A)

Other utility services which have been provided under said person’s name and that have an outstanding balance due and owing to the city;

(B)

Any ambulance, fire or other such city-operated services which have bills outstanding in such person’s name;

(C)

Liens placed by the city upon any property owned by such person; and

(D)

Any outstanding fees, charges, court costs, fines or warrants payable by such person by virtue of any record, action or proceeding in the municipal court.

No interest shall accrue or be due for any security deposits for water or wastewater.

A charge and fee in the annual amount set forth in appendix A of this code, not to exceed the balance of the unclaimed utility deposit, is hereby established for each account that is required to be maintained by the city for and with respect to services, accounts and service addresses for which a customer abandoned or terminated utility service without contacting the city and closing such account or terminating service, or otherwise providing the city with a forwarding address to which the balance of such utility deposit should or could be mailed. When any such customer entitled to receive a refund of any such utility deposit balance contacts the city and obtains the refund, or depletes the remaining deposit balance, the account shall be closed.

Whenever the utility department applies a deposit to any outstanding debt or refuses to return a deposit, the individual seeking return of a deposit held in their name may, if not satisfied with the decision of the utility department, appeal the decision in writing to the city administrator within ten (10) days from the date of the decision. The decision of the city administrator shall be final.

Transfer of services.

Any existing customer requesting a transfer of any utilities must maintain the appropriate deposit for the utility services being transferred. Any existing deposit, less deficiencies on the existing account, will be transferred directly to the new account. Any deficiencies in the prior utility account will also be transferred to the new utility account.

§ 13.04.009 Rates for water and wastewater service.

No customer will be allowed to transfer and maintain services without paying all deficiencies on existing or prior utility accounts in full and having the full deposit for utility services on deposit with the city at the time of transfer, but not later than the next complete billing cycle at the transfer location.

(Ordinance 2018-O-527 adopted 5/10/18)

The monthly rates set forth in appendix A of this code shall be charged for to each tap user for water or wastewater service.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.010 City customer water service requirements.

Connection to meter.

Connection to meters shall be the responsibility of the user, but shall be made only under the supervision of authorized personnel of the city. No person, firm or corporation except a licensed plumber, or a licensed irrigator (when installing irrigation systems only), shall connect any water service on the outlet side of the meter box. Whenever such plumber or irrigator shall use the water in testing the pipes or repairing fixtures, he or she shall, in every instance, before leaving the premises, see that the curb cock is left in the position he or she found it when he or she first opened the meter box. It shall be unlawful for any water service customer, or any licensed plumber or licensed irrigator, to make any extension to any line or pipe (using water from city water mains) or to add any pipes or to change any pipes or line from one (1) water line, apartment, house, premises or meter, without first notifying and securing permission for such changes from the city. Should a water service customer, licensed plumber or licensed irrigator break or damage any city water line or component of the city water system, such person shall be responsible for reimbursement to the city for the cost of repairs thereto.

Water service customers shall install a cut-off valve and backflow preventer outside their meter box on the underside thereof. Yard lines connected to meters shall not cross onto private property or private easements not owned by the customers.

Separate meter required.

Every building, structure or customer in the city shall have a separate water meter. This provision may be waived for good cause upon written application by the water service customer, and subject to written approval by the city administrator.

Commingling of water prohibited.

There shall be no connection to any water lines of the city, or any water lines served by water from the city’s water system, to any other source of water, nor shall water from the city’s water system in any manner be commingled with other water systems.

Backflow prevention.

No water connection from the city’s water system shall be made to any sprinkling, condensing, cooling, plumbing or any other water system unless the connection is of such a design to insure against any backflow or siphonage of wastewater or contaminated water from said system into the city’s water system. Any such connections must first be inspected then approved in writing by authorized personnel of the city.

Meter tampering.

For purposes of this section, it shall be presumed that a person who is receiving the economic benefit of public water has knowingly tampered with the tangible property of the city if the water has been:

(A)

Diverted from passing through a metering device; or

(B)

Prevented from being correctly registered by a metering device; or

(C)

Activated by any device installed to obtain public water without a metering device.

§ 13.04.011 Line extension and street cutting fees.

The fee for meter tampering shall be as provided in the fee schedule found in appendix A of this code and shall be in addition to any other legal remedy, civil or criminal, available to the city.

(Ordinance 2018-O-527 adopted 5/10/18)

General.

Water and wastewater taps will be made for the base tap fee provided the tap is made to a water or wastewater line abutting or adjacent to the lot or parcel to be served (“standard location”) and that wastewater line is connected to a functioning pump and haul system or a wastewater treatment plant. For the purposes of this article, a tap made on a water or wastewater line located between the boundary line of the property to be served and the right-of-way line of the street or alley abutting such lot, or a line located within the right-of-way of such street between the property boundary line and the traveled, paved portions of the street, shall also constitute a tap made at a standard location; provided that such wastewater line is connected to a functioning pump and haul system or a wastewater treatment plant. A tap made at a standard location shall be a standard connection. A nonstandard location is any location for a tap to serve any lot, tract or parcel of land other than at a standard location. A nonstandard connection is any tap that requires work, construction or extensions to be made for the tap, or that is made at other than a standard location. Additional charges and fees will be assessed and collected as herein detailed for costs associated with line extensions and taps made to a nonstandard location.

Availability of service.

The existence of mains, trunk lines or other lines, near a property will not constitute an obligation for the city to limit the tap fee or charge for making a water or wastewater service tap to such line, where such lines must be tapped at other than a standard location, are inaccessible due to necessary crossings of streets, highways, drainage channels and similar barriers, are not connected to a functioning pump and haul system or a wastewater treatment plant; or when cost must be incurred over and above the cost for making a tap at a standard location. Taps at nonstandard locations must be arranged with the city administrator in advance of the desired service date, to permit necessary extensions, crossings or similar construction.

Installation of non-standard connection.

Upon the approval of the city administrator, the owner or developer of a subdivision requiring a non-standard connection may contract with a qualified contractor for the installation, construction and extension of any water or wastewater line necessary to make a non-standard connection or as necessary for the location for the tap to become a standard location and, in such event, such owner or developer shall pay the reasonable costs and charges therefor directly to the contractor and obtain a receipt and release from said contractor. The city shall otherwise, at the expense of the applicant for the tap, construct all line extensions and perform all construction required to make a water or wastewater tap at a non-standard location. The city engineer or public works director shall inspect such construction and work to assure it is completed in compliance with the applicable rules and regulations of the city and the Texas Commission on Environmental Quality or successor agency.

Costs.

The reasonable costs and expenses for installing, constructing and extending any water or wastewater line of the city (and including the costs of acquiring and surveying any right of way or utility easements) to provide a tap at a non-standard location, or to extend such lines to a standard location, shall be charged and collected by the city, if such costs are not paid directly by an owner/developer pursuant to subsection (c) above. Such additional costs and expenses shall be equal to the difference between the cost of making the tap at a standard location and the cost of making the tap at the non-standard location, or, as the case may be, the difference between the cost of making the tap at a standard location and the costs incurred for the work and construction to extend the lines to a point or location that is a standard location for the tap.

Right-of-way easement.

A right-of-way or utility easement may be required for installation or extension of lines. Failure to provide an adequate easement for the installation or extension of a line may result in a denial of a request for line extension or installation.

(f)

Payment of line extension fee.

When a water or wastewater line extension charge is required, the city may at its option require the owner or developer being furnished the line to:

Deposit, in advance, the estimated costs for construction of the water or wastewater line that is estimated to be costs additional to a standard connection;

Post a bond sufficient to cover the total estimated costs of line extension; or

§ 13.04.012 No reduced rates or free service.

Provide a letter of credit sufficient to cover the total estimated costs of the line extension.

(g)

Line extension fees outside city limits.

The costs set out in this section shall apply for connections to property both inside and outside the city limits.

(Ordinance 2018-O-527 adopted 5/10/18)

All customers receiving services from the city shall be subject to the provisions of this article and shall be charged the rates established in this article, and no reduced rates or free service shall be furnished to any customer. It is specifically provided, however, that this provision shall not prohibit the city, upon good cause shown, from establishing reasonable classifications of customers for which rates differing from the rates stated herein may be adopted.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.013 Denial of service.

An applicant for service may be denied service for any of the following reasons:

Failure or refusal of the applicant to complete all required forms and pay all required fees and charges;

Failure or refusal of the applicant to comply with rules, regulations or ordinance of the city concerning the requested service;

Failure or refusal of the applicant to comply with the building regulations and plumbing codes of the city;

Existence of a hazardous condition at the property to be served which would jeopardize health, safety or the general welfare upon connection or during construction;

§ 13.04.015 Billing and payment for services.

Failure or refusal of the applicant to build the facilities or structures necessary to connect to the system;

(6)

Failure or refusal of the applicant to provide representatives or employees of the city reasonable access to the property upon which service has been requested; or

(7)

The applicant’s property or structure is located in the wholesale service area and there is no water or wastewater service capacity available under the applicable interlocal wholesale water or wastewater agreement.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.014 Complaints.

The city administrator shall hear extraordinary situations or complaints. In the event that the city refuses to serve an applicant, terminates service to a customer or has a dispute as to the services, rates or rules with a customer, the applicant or customer must notify the city in writing of the basis of the complaint, dispute or extraordinary circumstance (herein “complaint”). Within ten (10)business days of receipt of the written complaint, the city administrator of the city shall review the complaint and provide a written response. The applicant or customer may appeal the decision of the city administrator to the city council within thirty (30) days from the date of the written decision. The city council shall hear all appeals. All decisions of the city council shall be final.

(Ordinance 2018-O-527 adopted 5/10/18)

The city shall bill or cause to be billed each customer monthly for all water and wastewater services rendered in the preceding month. All bills shall be due on the due date as specified on the bills and shall become delinquent if not paid as set forth on the bills.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.016 Late charges.

A late charge of ten percent (10%) of the amount of the water or wastewater bill shall be added for each monthly billing date the delinquent amount, including delinquent fees and charges, remain unpaid. The city reserves the right to waive any late charge or penalty for good cause and when the best interest of the city is served by such waiver.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.017 Termination of service and charges for disconnection and reconnection.

Termination for delinquency.

The city shall have the right to and may terminate water or wastewater services to any customer, at any time after the delinquent date, i.e. a customer’s bill becomes delinquent and notice of late payment having been given in accordance with the requirements of state law. Discontinuance of water service provided by the Jonestown Water Supply Corporation (“WSC”) may be effected in accordance with the terms and conditions of the WSC’s current water tariff and an interlocal agreement with the city.

Disconnection charges.

A charge in the amount set forth in appendix A to this code will be assessed as a service fee for each occurrence requiring personnel to approach the residence or business unit for disconnect whether or not services are actually terminated. Such fee shall include the fee for reconnection and all disconnect fees and must be paid at the time past due monies are tendered, and prior to any reconnection or additional services being provided.

Termination at owner’s request.

Whenever a customer who is not delinquent in the payment of any bill requests that utility services be discontinued, he or she shall notify the city at least two days prior to the date he or she desires service discontinued. There will be a reconnect fee in the amount set forth in appendix A to this code payable at the time customer desires services to continue. The city may refuse to disconnect services if the individual requesting termination of services is not the customer on the account. However, the city is not responsible for services disconnected at the request of an individual having apparent authority to request disconnection of services.

Termination due to a nuisance, emergency or other reason.

The city reserves the right to terminate services at any time, with or without notice, in the case of an imminent threat to the public health, safety and welfare constituting a nuisance or emergency circumstance that mandates the disconnection of services. If the city disconnects due to a nuisance or emergency circumstance within the control of the property owner, the city will notify the property owner or tenant as provided in section 13.04.024.

Services may be disconnected without notice in instances of tampering with the city’s meter or equipment after disconnection with notice, or other bypassing of the meter or equipment or diversion of service.

Delinquent accounts.

Any residence or property where utility services are requested to be provided where a deficient account is still outstanding from a previous customer shall not be reconnected in a different name than the account was previously connected under unless the person requesting utility services demonstrates that the person whose name the account was previously billed to is no longer a resident of the property or in control of the property without paying the deficiencies on the account.

New owners of property or new residence of a leasehold shall not be responsible for the delinquent utility accounts of a prior owner or leaser who has vacated the premises.

No customer may establish a new utility account in his or her name who has an outstanding deficiency from any previous utility account held by the city and such account has been delinquent for less than four (4) years without paying all deficiencies in addition to the deposit for the new utility account.

(f)

Disconnection on holidays and weekends.

Unless a nuisance, emergency, request for termination of services or other similar condition exists, services shall not be disconnected on a day, or on a day preceding a day, when personnel of the city are not available to the public for the purpose of making collections and reconnecting services.

(g)

Additional rights of termination of water service.

Willful and negligent waste of water due to leaks during an established emergency, or failure to follow city’s drought and water conservation ordinances;

Tampering with any meter, seal, or other equipment controlling or regulating the supply of water service;

Theft or diversion and/or use of water without payment therefor;

Vacancy of premises;

Selling, delivering, or furnishing water without written permission from the city water department, either on or off the consumer’s premises; or

(6)

Existence of a known dangerous condition for as long as the condition exists, in which case water service may be terminated without notice.

(h)

Liens for delinquent accounts authorized.

Except as otherwise provided by section 552.0025, Texas Local Government Code, as amended, the city may impose a lien against a customer’s property for delinquent bills for water or wastewater service to the property.

When delinquent charges imposed under this code for utility service remain unpaid, the city administrator or designee may impose a lien against the real property to which such service was delivered. The lien shall include and secure delinquent charges, penalties, interest, and collection costs. The city administrator shall perfect the lien by filing a notice of lien containing a legal description of the property and the utility account number for the delinquent charges in the real property records of the county in which the property is located.

The lien authorized in this subsection shall not apply to bills for service connected in a tenant’s name after notice by the property owner to the city that the property is rental property.

The lien authorized by this subsection shall not apply to homestead property as protected by the Texas Constitution.

§ 13.04.020 Damage or injury to water or wastewater system.

The lien authorized by this subsection is superior to all liens except a bona fide mortgage lien that is recorded before the recording of the city’s utility lien in the real property records of the county where the property is located.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.018 Returned checks.

A returned check fee in the maximum amount allowed under state law shall be charged on each check returned to the city without payment. Accounts shall be considered delinquent if a check, draft or similar instrument was tendered for payment of an account and has been denied after proper presentment. Upon the sending of notice from the city of the return of a check, the account holder shall have ten (10) days from the date of the letter to tender payment by cash or cashier’s check for the balance due on the account plus the returned check fee or services shall be terminated ten (10) days after the notice is mailed regular first class mail to the address of the account holder.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.019 Minors.

No account may be held in the name of a person who is under the age of eighteen (18) years unless the minor requesting services provides adequate evidence that the minor has been emancipated through marriage or other legal means.

(Ordinance 2018-O-527 adopted 5/10/18)

It shall be unlawful for any person, in any way, to intentionally or carelessly break, deface or in any manner damage, injure or destroy any equipment, facility or other property belonging to the city or belonging to others, and used in connection with the water or wastewater system of the city.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.021 Repair of damages.

As necessary or advisable to protect the public health or the operation and function of the city’s water or wastewater system, the city further reserves the right and authority to proceed immediately and without notice to repair when and as necessary and appropriate, any pipe, line or other appurtenance connected to the city water or wastewater system, and if such repair is made to any such line, pipe or appurtenance owned by any private property owner to assess the actual repair charges to the customer who owns, rents, or controls such property. The city requires each customer to “call before you dig” so the public works director will be able to locate lines for the customer. Repair charges will be assessed to the customer if no attempt is made to contact the city public works director before digging and damage occurs. Repair charges are due within 10 days from the date of invoice and are as follows:

Labor charges.

Regular time for repairs needed during normal business hours. After 5:00 p.m. and weekends or holidays - time and one/half.

Equipment rental.

Actual cost to city.

If not paid within ten (10) days from date of invoice, the city reserves the right to immediately and without notice remove the meter or disconnect water service until all repair charges are paid in full.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.022 Easement.

Customers shall provide uninhibited access for city personnel or authorized representatives to the city’s water or wastewater system, meters and appurtenances at all times for the purpose of installing, checking, repairing, replacing or performing other maintenance.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.023 No service guarantee.

Customers are not guaranteed a specific level of any water or wastewater service, for any purpose whatever; in no instance shall the city be liable for failure or refusal to furnish water or wastewater or any other service under this article.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.024 Violations and notices.

If an officer charged with the enforcement of this article shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner, occupant, tenant and/or lessee of the property upon which such condition exists, as may be deemed appropriate and necessary.

If an officer charged with enforcement of this article determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or occupant of the property is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare.

If any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by this article within seven (7) days after notice to do so, the city may terminate services or do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the owner(s) of the property and the current customer of the property, and such charge shall be a personal liability of such owner and customer to the city.

Notices required pursuant to this article shall be in writing. Such notices may be served upon such owner, tenant, lessee and/or occupant as follows: in person by an officer or employee of the city; by letter addressed to such owner, tenant, lessee and/or occupant at his/her post office address; or, if personal service may not be had, or the owner, tenant, lessee and/or occupant’s address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. Notices of termination of services for non-payment shall be mailed regular first class mail to the address designated on the account for receipt of bill and shall be deemed served within three (3) days of deposit in the regular mail. The notice may state “sanitary improvements,” “water service,” “to whom it may concern,” or similar language and a brief statement of the violation(s) or delinquency. If the notice is for delinquency, the notice shall include a termination date and location for payment for services. Service of the notice by any one of the above methods, or by a combination thereof, shall be deemed sufficient notice.

§ 13.04.026 Cost of abatement constitutes lien.

If an owner is mailed a notice in accordance with subsection (d) and the United States Postal Service returns the notice as “refused” or “unclaimed” the validity of the notice is not affected, and the notice is considered as delivered.

(f)

Notices of nuisances or violations provided by mail or by posting as set forth in subsection (d)may provide for year-round abatement of the nuisance and inform the owner that should any other violation of the same kind that pose a danger to the public health and safety occur on or before the first anniversary of the date of the notice, the city without further notice may abate the violation at the owner’s expense and assess the costs against the property.

(g)

Persons in violation of this article or causing or creating a prohibited nuisance in the presence of a person authorized to enforce this article may be cited or a complaint filed for such violation without notice of the violation, or warning, and such citation or complaint shall be filed in the municipal court of the city.

(h)

Properties where services have been disconnected and the meter or equipment have been tampered with, a bypassing of the meter or equipment has occurred, or other diversion of services, the city may disconnect the services without prior notice and post a written statement providing notice of the disconnection and the reason therefor as provided in subsection (d) above.

(Ordinance 2018-O-527 adopted 5/10/18)

§ 13.04.025 Costs and appeals.

In addition to any other remedy provided in this article and cumulative thereto, the code enforcement officer, after giving to the owner of the property seven (7) days’ notice in writing, as provided in section 13.04.024 above, may cause any of the work or improvements mentioned in this article to be done at the expense of the city, and charge the utility bill of the property on which such work or improvements are done, and cause all of the actual cost to the city to be assessed on the real estate or lot on which such expenses occurred; provided, that the owner of any such real estate may appeal to the city council from the order of the code enforcement officer by filing a written statement with the code enforcement officer within seven (7) days after receipt of the notice provided for above, stating that such real estate complied with the provision of this article before the expiration of a seven-day period. The city council shall set a date, within thirty (30)days from the date of the appeal, for hearing the appeal to determine whether the real estate complied with the provisions of this article before the expiration of such seven-day period. The authority of the code enforcement officer to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending. If it shall be determined by the city council that the premises complied with the provisions of this article before the expiration of the seven-day period, then no personal liability of the owner shall arise nor shall any lien be created against the premises upon which such work was done.

(Ordinance 2018-O-527 adopted 5/10/18)

Cumulative of the city’s remedy by fine, as set forth herein, the city may do such work or cause the same to be done to remedy such condition to remove such matter from such owner, tenant, lessee and/or occupant’s premises or repair such utility system at the city’s expense and charge the same to the utility bill of such property and assess the same against the real estate or lot or lots upon which such expense is incurred.

Expenditures plus ten (10) percent per annum interest on the expenditures from the date of such payment by the city shall be added to the next billing cycle for utility bills for the real estate or lot or lots, if not already paid. Payment shall be due and payable in full by the owner, tenant, lessee, customer and/or occupant at the time of payment of such utility bill. If the property is unoccupied, no utilities shall be furnished to the property where the work occurred until such obligation, as herein set out, payable to the city for abatement of any nuisance or repair described herein is paid in full.

Upon filing with the county clerk of the county of a statement by the city secretary or designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made and ten (10) percent per annum interest on the amount from the date of such payment so made by the city.