A person commits an offense if the person knowingly installs
or maintains backflow prevention assemblies or air gaps in violation
of this article.
(Ordinance 788-19 adopted 1/22/19)
(a) Every person provided water service by the city directly or indirectly
shall during the hours of 8:00 a.m. through 5:00 p.m. permit the director
to enter their premises and buildings for the purpose of inspecting
pipes and fixtures and the manner in which the water is used to determine
compliance with this article.
(b) If any water user refuses access to a premises during said times
for inspection by an inspector, the water user shall install a reduced
pressure principle assembly at the service connection to that premise.
(c) Any temporary or permanent obstruction to safe and easy access to
the premises to be inspected shall be promptly removed by the water
user at the written or verbal request of the director and shall not
be replaced. The costs of clearing such access shall be borne by the
user.
(d) A person commits an offense if the person knowingly fails to install
a reduced pressure principle assembly in accordance with this section
after receiving notice from the director to do so.
(Ordinance 788-19 adopted 1/22/19)
(a) The director may, without prior notice, suspend water service to
any premises when such suspension is necessary to stop an actual or
threatened backflow which:
(1) Presents or may present imminent and substantial danger to the environment
or to the health or welfare of persons;
(2) Presents or may present imminent and substantial danger to the city’s
public water supply.
(b) As soon as is practicable after the suspension of service, the director
shall notify the owner or person in charge of the premises of the
suspension in person or by certified mail (return receipt requested),
and shall order such person to correct the cross connection which
allowed the backflow to occur. When time permits, the director should
also notify the owner or person in charge prior to suspending water
service.
(c) If the person fails to comply with an order issued under subsection
(b), the director may take such steps as the director deems necessary to prevent or minimize damage to the public water supply or to minimize danger to persons.
(d) The director shall not reinstate suspended services until:
(1) The person presents proof, satisfactory to the director, that the
backflow has been eliminated and its cause determined and corrected;
(2) The person pays the city for all costs the city incurred in responding
to the backflow or threatened backflow; and
(3) The person pays the city for all costs the city will incur in reinstating
service.
(e) A person whose service has been suspended may appeal such enforcement
action to the director, in writing, within ten days of notice of the
suspension.
(f) A person commits an offense if the person reinstates water service
to premises suspended pursuant to this section, without the prior
approval of the director.
(g) The city may obtain a lien against the property to recover its response,
abatement, and remediation costs.
(h) The remedies provided by this section are in addition to any other
remedies set out in this article. Exercise of this remedy shall not
be a bar against, nor a prerequisite for, taking other action against
a violator.
(Ordinance 788-19 adopted 1/22/19)
(a) The director may terminate the city-provided water supply of any
water user who violates the following conditions:
(1) Refusing the director reasonable access to the water user’s
premises for the purpose of inspection.
(2) Hindering or denying the director access to backflow prevention assemblies.
(3) Failing to install a reduced pressure principle assembly as required.
(4) Failing to install and maintain backflow prevention assemblies in
compliance with this article.
(5) Failing to install, maintain, and operate their piping and plumbing
systems in accordance with the plumbing code.
(b) The director will notify a water user of the proposed termination
of its water supply. The water user may petition the director for
a reconsideration and hearing.
(c) Exercise of this enforcement option by the director shall not be
a bar to, nor a prerequisite for, taking any other action against
the water user.
(d) The director shall not reinstate suspended services until:
(1) The person presents proof, satisfactory to the director, that the
backflow has been eliminated and its cause determined and corrected;
(2) The person pays the city for all costs the city will incur in reinstating
service.
(e) A person commits an offense if the person reinstates water service
to premises terminated pursuant to this section, without the prior
approval of the director.
(Ordinance 788-19 adopted 1/22/19)