[Adopted 7-11-1991 as Subchapter C of Ch. 61 of the Code
of Ordinances; amended in its entirety 5-21-2009]
As authorized by the laws of the State of Michigan, there is
hereby established a Northville Township water system, which shall
be maintained and operated as a single public improvement on a public
utility basis in accordance with the Master Utility Plan and all applicable
provisions of the Township Code.
All water mains and other water supply facilities hereafter
constructed in the public right-of-way or easements and all facilities
of every sort provided for use in the production and distribution
of a public supply of water within the Township of Northville shall
be named and operated by the Township.
The water system shall be under the exclusive control and management
of the Northville Township Director of Public Services, subject to
required approvals by the Township Board.
The Director of Public Services shall establish and from time
to time shall amend, if found advisable, rules and regulations to
provide for protection of the water system and to govern use of its
facilities and services. Such rules and regulations, when approved
by resolution of the Township Board, will be considered a part of
this article, and violations thereof will be subject to the penalties
provided herein.
A.
Charges and rates for connection privileges, connection installations,
meter installations, capacity provided and water supplies, with any
other services required of the water system, will be established by
the Director of Public Services and will be amended by the Director
of Public Services from time to time if found advisable. Such charges
and rates, when approved by resolution of the Township Board, will
be considered a part of this article.
B.
Charges for water service will constitute a lien on the property
served. On or before October 1 of each year, the Director of Public
Services shall submit to the Township Treasurer a certified statement
of outstanding unpaid water service charges. The Treasurer shall place
such charges on the next general tax roll, and the same shall be collected
as part of the Township taxes.
No connection shall be made to any water system mains without
obtaining a permit. Application for a permit shall be made to the
Township Building Department.
A.
The owner or lessee of the real property which is a water service
customer shall provide access inside the owner's or lessee's
building to an authorized representative of the Township for the purpose
of examining, repairing, updating, or replacing the water meter or
other remote reading equipment so that such equipment is operating
properly. Failure to provide access to the inside of the building
to the Township within seven days after the Township has made written
demand to the owner or lessee for such access shall constitute a misdemeanor.
B.
Tampering, damaging, changing, rerouting, removing or bypassing the
water meter by persons other than Township personnel is strictly prohibited
and shall constitute a misdemeanor.
C.
If a water meter fails to register properly as a result of mechanical
failure, the Township shall have the authority to estimate the quantity
of water on which the billing is made until such time as the meter
is repaired or replaced. The estimate shall be based on previous usage
and/or usage of similar users.
A.
All extensions of or additions to the water system shall be at the
proprietor's expense and shall be made or supervised by the Water
Utility in the following manner:
(1)
Any proprietor who proposes to make any extension or addition to
the public water system shall first apply to the Director of Public
Services, which will advise him of any features which will be required
in the proposed improvement in order to conform and fit such improvement
to the Master Utility Plan for the Northville Township Water System.
(2)
The proprietor shall then cause to be prepared engineering plans
and specifications for the proposed improvement which meet all requirements
for the design and construction of water supply facilities in the
Township as well as the requirements of the Master Utility Plan.
(3)
The proprietor shall submit his engineering plans and specifications
for approval of the Director of Public Services.
B.
No construction shall begin until the engineering plans and specifications
have been approved by the Director of Public Services and have received
all other approvals and permits.
C.
The proprietor shall be responsible for the cost of engineering supervision,
construction layout and detailed inspection to assure that the construction
conforms to the approved plans and specifications.
D.
The Director of Public Services and its agents shall maintain supervisory
inspection and shall have the right to enter any premises where the
work is in progress or is completed for the purpose of such inspection
and shall have the right to stop work and to condemn and order the
removal of completed work not in accordance with the approval plans
and specifications.
A.
The Director of Public Services shall regulate and control the operation
and use of the valves and hydrants of the Township water system and
withdrawal of water therefrom.
B.
The Water Utility shall issue permits and licenses prior to the operation
and use of the valves and hydrants of the Township water system for
purposes other than public safety or maintenance of the system.
C.
No person, other than employees and agents of the Township, shall
open or close or in any manner interfere with or operate any valve
in the Township water system.
D.
No person shall open or operate any fire hydrant connected with the
Township water system except in the following instances:
(1)
Such person is an authorized employee or agent of the Township.
(2)
Such person is a volunteer or paid firefighter of the Township Fire
Department, performing the duties of a firefighter, under the direction
and supervision of the Chief of the Department.
(3)
Such person has first applied for and obtained a permit from the
Township, paying such charges as the Township Board may by resolution
establish therefor, acting solely within the provisions of the permission
set forth in said permit and complying at all times with the rules
and regulations established by the Township Board or the Township
Director of Public Services or both.
(4)
Such person has first applied for and obtained a license to utilize
such fire hydrants for fire emergency purposes only from the Township,
paying such charges as the Township Board may, by resolution, establish
therefor, acting within the provisions of the license granted and
complying at all times with the rules and regulations established
by the Township Board or the Township Director of Public Services
or both.
E.
No person shall place anything or any object within 15 feet of any
fire hydrant or otherwise obstruct any hydrant so as to interfere
with its proper use. No person shall use any wrench or tool in opening
any hydrant other than a regulation Fire Department wrench.
[Added 11-19-2009]
The Charter Township of Northville, through its contract with
the Detroit Water and Sewerage Department, is obligated to take steps
to insure that, whenever possible, the use of the municipal water
system shall be used during the nonpeak hours of 12:00 midnight (EDT)
to 6:00 a.m. (EDT). To satisfy this contractual commitment, the following
municipal water use restrictions are in effect:
A.
For those
properties in the Township that are serviced by an underground irrigation
system, outdoor watering, including the sprinkling of lawns and landscaping,
shall be done only during the nonpeak hours of 12:00 midnight (EDT)
to 6:00 a.m. (EDT).
B.
Properties
with an even-numbered address shall be allowed to irrigate on even-numbered
dates within the month.
C.
Properties
with an odd-numbered address shall he allowed to irrigate on odd-numbered
dates within the month.
D.
A water
user may manually irrigate landscaping, provided that the irrigation
is not connected to an underground system and is attended and monitored
by the water user, at any time other than during the hours of 6:00
a.m. (EDT) and 10:00 a.m. (EDT).
E.
If the
above provisions create a practical hardship for a municipal water
user, the municipal water user can petition the Director of Public
Services or his/her designee, asking for relief from one of the above-referenced
restrictions. The petition shall set forth the requested relief, and
shall detail the extraordinary circumstances that would justify the
requested relief, as well as the duration of the requested relief.
The Director of Public Services or his/her designee can grant or deny
or modify the petition, taking into consideration the contractual
obligations of the Township, as well as the articulated circumstances
of the petitioner. The decision of the Director of Public Services
or his/her designee shall be final.
Notwithstanding any language in this article to the contrary,
any person who shall violate the provisions of this article shall
be responsible for a municipal civil infraction, subject to the following
penalties:
A.
The following civil fines shall apply in the event of a determination
of responsibility for a municipal civil infraction, unless a different
fine is specified in connection with a particular section:
[Amended 11-19-2009]
(1)
First offense. The civil fine for a first offense violation shall
be in the amount of not less than $300, plus costs and other sanctions,
for each offense.
(2)
Repeat offense. The civil fine for any offense which is a repeat
offense shall be in an amount of not less than $500, plus costs and
other sanctions for each offense.
B.
In addition to ordering the defendant determined to be responsible
for a municipal civil infraction to pay a civil fine, costs, damages
and expenses, the Judge or Magistrate shall be authorized to issue
any judgment, writ or order necessary to enforce, or enjoin violation
of, the article.
C.
Continuing offense. Each act of violation, and on each day upon which
any such violation shall occur, shall constitute a separate offense.
D.
Remedies not exclusive. In addition to any remedies provided for
by the Code of the Charter Township of Northville, any equitable or
other remedies available may be sought.
E.
The Judge or Magistrate shall be authorized to impose costs, damages
and expenses as provided by law.
F.
A municipal civil infraction shall not be a lesser-included offense
of a criminal offense or of an ordinance violation which is not a
civil infraction.
