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)