[Adopted 3-7-1994 by Ord.
No. 80; amended in its entirety 12-19-2016 by Ord. No. 125]
This article is adopted to provide for the operation and maintenance
of the Charter Township of Blackman water distribution system, and
to regulate connections to said system. This article further shall
regulate water rates for customers of the system.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
OWNER
The Charter Township of Blackman.
WATER CONNECTION
That part of the water distribution system connecting the
water main with the premises served by such main.
WATER MAIN
That part of the water distribution system located within
easement lines or streets designed to supply more than one water connection.
The Water Department shall be headed by the Township Engineer.
The Engineer and the Department shall be responsible for the construction,
operation, and maintenance of Township water mains and connections
and other facilities pertaining to the water distribution system.
Application for water connections shall be made to the Township
Utility Department on forms prescribed and furnished by the Township.
Water services and water meters shall be installed in accordance with
the rules and regulations of the Township and upon payment of the
required connection and service line fees. All water services shall
be the property of the Township. All water meters shall be the property
of the City of Jackson. Connection fees shall be not less than the
cost of materials, installation and overhead attributable to such
installations, and as established by resolution of the Township Board
from time to time.
The owners of all dwellings, buildings, structures, or properties
used for human occupancy, employment, recreation, or other purposes,
situated within the Township and abutting on any street, alley, or
right-of-way in which there is now located public water of the Township,
will not be allowed to drill a well if the public water system is
located within 200 feet of the structure. The owners are hereby required
at their own expense to install suitable water connection facilities
therein, and to connect the facilities directly to the public water
system in accordance with the provisions of this article.
No person, other than an authorized employee of the Township,
shall turn on or off any water service, except that a licensed plumber
may turn on water service for testing his work, which service shall
be terminated immediately following the test, or upon receiving a
written order from the Township; provided that upon written permission
from the Township water may be turned on for construction purposes
only, prior to the granting of a certificate of occupancy for the
premises, and on payment of the charges applicable thereto as established
by resolution of the Township Board from time to time.
All premises using water, except premises connected to the Summit
Township water system, shall be metered. No person except an employee
of the Township shall break or injure the seal or change the location
of, alter or interfere in any way with any water meter. Users of water
shall be charged a metered rate for water usage, which rate shall
be established from time to time by resolution of the Township Board.
Residential premises connected to the Summit Township water system
shall be charged a flat rate as established by resolution of the Township
Board from time to time.
The Township shall have the right to shut off the supply of
water to any premises where the Township is not able to obtain access
to the meter or outside reading device. Any qualified employee of
the Township shall, at all reasonable hours, have the right to enter
the premises where such meters or outside reading devices are installed
for the purpose of reading, testing, removing or inspecting the same.
No person shall hinder, obstruct or interfere with such employee in
the lawful discharge of his duties in relation to the care and maintenance
or reading of such water meter or outside reading device.
Any damage which a meter may sustain resulting from the carelessness
of the owner, agent or tenant or from neglect of any of them to properly
secure and protect the meter, as well as damage which may be caused
by frost, hot water, or steam, shall be paid by the owner of the property
to the Township upon presentation of a bill therefor; in cases where
such bill is not paid, the water shall be shut off and shall not be
turned on until all charges have been paid to the Township.
If any meter shall fail to register properly, the Township shall
estimate the consumption on the basis of former consumption and bill
accordingly.
A customer may require that his water meter be tested. The test
shall be witnessed by the customer or customer's agent. If the
meter is found accurate or slow, a charge of $10 will be made. If
the meter is found defective, it shall be repaired or an accurate
meter installed, and no charge shall be made for repair or replacement.
A water meter shall be considered accurate if, when tested,
it registers not to exceed 2% more or 2% less than the actual quantity
of water passing through it. If a meter registers in excess of 2%
more than the actual quantity of water passing through it, it shall
be considered "fast" to that extent. If a meter registers in excess
of 2% less than the actual quantity of water passing through it, it
shall be considered "slow" to that extent.
If a water meter has been tested at the request of a consumer
and shall have been determined to register "fast," the Township shall
credit the consumer with a sum equal to the percent "fast" multiplied
by the amount of all bills incurred by such consumer, within the three
months prior to the test; and if a meter so tested is determined to
register "slow," the Department may collect from the consumer a sum
equal to the percent "slow" multiplied by the amount of all the bills
incurred by the consumer for the prior three months. When the Department
on its own initiative makes a test of a water meter, it shall be done
without cost to the consumer, other than his paying the amount due
the Township for water used by him as above provided, if the meter
is found to be "slow."
No person, except an employee of the Township in the performance
of his duties, shall open or use any fire hydrant except in case of
emergency, without first securing a written permit from the Department
or paying such charges as may be prescribed.
The Township Supervisor or Engineer, subject to approval by
the Board, may regulate, limit or prohibit the use of water for any
purpose. Such regulations shall restrict less essential water uses
to the extent deemed necessary to assure an adequate supply for essential
domestic and commercial needs and for firefighting. No such regulation,
limitation or prohibition shall be effective until 24 hours after
the publication thereof in a newspaper of general circulation in the
Township. Any person violating any such rule or regulation shall,
upon conviction thereof, be guilty of a misdemeanor.
The Township Supervisor may make and issue additional rules
and regulations concerning the water distribution system, connection
thereto, meter installations and maintenance, connection and meter
installation fees, hydrants and water mains and the appurtenances
thereto, not inconsistent herewith. Such rules and regulations shall
be effective upon approval by the Township Board. The rules and regulations
now in effect shall continue until changed in accordance with this
section.
No person in the performance of his duties shall willfully or
carelessly break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is a part of the Township
water distribution system.
It shall be unlawful for any person to do any act, or to allow
to be done any act, that may contaminate or pollute or contribute
to the contamination or pollution of the Township water distribution
system.
The representative of the Water Department shall have the right
to enter at any reasonable time any property served by a connection
to the public water supply system of the Township for the purpose
of inspecting the piping system or systems thereof for cross-connections.
On request, the owner, lessees or occupants of any property so served
shall furnish to the inspection agency any pertinent information regarding
the piping system or systems on such property. The refusal of such
information or refusal of access when requested shall be deemed evidence
of the presence of cross-connections.
The Township is authorized and directed to discontinue water
service after reasonable notice to any property wherein any connection
violates the prohibition against cross-connections and/or contributes
to pollution or contamination of the water system.
A. Any person who violates this article shall be guilty of a misdemeanor,
punishable by a fine of not more than $500 or imprisonment in the
county jail for a period not exceeding 90 days, or both fine and imprisonment.
Nothing contained herein shall prevent the Township from seeking injunctive
relief from a court of competent jurisdiction.
B. Any violation of this article shall be deemed a nuisance abatable
by the Circuit Court for the County of Jackson.