[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in section histories. Amendments noted where applicable.]
County water supply ordinance adopted by City — See § 1-6B(9).
Buildings and building regulations — See Ch. 9.
Plumbing code — See § 9-78 et seq.
Electrical code — See § 9-98.
Housing code — See Ch. 17.
Covering or fencing of dry wells — See § 22-11.
Impersonating meter readers — See § 22-24.
Wastewater discharge regulations and enforcement procedures — See Ch. 28.
Sewer service charges — See § 28-73 et seq.
Special assessments for public improvements — See Ch. 32.
Permit for installation of water pipe lines in, over or on streets, alleys and other public places — See § 33-102 et seq.
Water supply for swimming pools — See § 34-8.
[Adm. Code § A210.1; P.S. Code §§ PS403.11, PS404.A1; amended 4-12-1982 by Ord. No. 1255; 9-7-1982 by Ord. No. 1268]
For the purposes of this chapter, the following words and terms shall have the meanings ascribed to them in this section, unless clearly indicated to the contrary:
- The person owning the property in or on which water is consumed.
- DIVISION or DIVISION OF WATER
- The Department of Public Utilities.
- Any measuring device by which the quantity of water used by a consumer is measured.
- SERVICE CONNECTION or SERVICE PIPE
- That pipe which delivers water from the distribution main to the meter on the property being served and includes all piping and appurtenances up to the discharge side of the meter but not beyond that point.
Editor's Note: Former §§ 38-2 and 38-3, relative to the Division of Water, were repealed 9-7-1982 by Ord. No. 1268. Said sections formerly derived from Adm. Code, § A210.1 and P.S. Code, §§ PS403.11, PS403.12.
[P.S. Code § PS403.17]
Employees of the City shall have the right to enter any premises in which or on which City water is used to inspect, adjust, repair or remove water meters or appurtenances in connection with water meters, at any and all reasonable times.
[P.S. Code § PS403.18]
The City will endeavor to furnish continuous water service to the consumer, but does not guarantee uninterrupted service and will not be liable for any damage which the consumer may sustain by reason of the failure of the service, whether caused by accident, repairs or otherwise, nor will the City be liable for damages which the consumer may sustain by reason of failure of the water supply or for damages to persons or property arising, accruing or resulting from the supply of water or from any apparatus or appurtenance in connection therewith.
[P.S. Code §§ PS404.1—PS404.5]
In all cases where the Department of Public Utilities is requested to lay distribution mains, in easements or public rights-of-way, for any district or development not presently served by City water, a charge shall be rendered for each linear foot of such distribution main necessary to provide acceptable service to such district or development, and shall be paid for by the party requesting same. The limits of service necessary for such district or development shall be prescribed by the Director of Utilities, based on sound engineering and operating practices, and the legal requirements of any other public agency.
The Director of Utilities shall, each year, file with the City Clerk the unit charges for the various classes of such distribution construction for the coming calendar year. These average linear foot charges for distribution mains shall reflect the preceding year's cost experience for the various classes of construction, and the projected changes in costs of labor and materials, and shall be a weighted cost-average for all sizes of main up through 10 inches. Cost for various degrees of surface repairs shall be stated in addition. For mains larger than 10 inches, that portion of cost beyond 10 inches shall be deemed to be "transmission facilities," and shall be absorbed by the Department of Public Utilities.
Charges for the various distribution construction projects must be paid in full before any work can be authorized.
In case the City commission shall determine, by resolution, that the expense for the distribution mains shall be paid for by special assessment, the normal assessment policies of the City, as prescribed in Chapter 32 of this Code, shall apply.
In cases where arterial or distribution mains have been installed at the cost of the Public Utilities Department, charges for these distribution facilities shall be made when any abutting property is rendered service from the mains. These charges, for each foot of such connecting property, shall be based on 60% of the linear footage charge for distribution mains in effect at the time of such connection.
[P.S. Code § PS404.A1]
Water service connections shall be installed and maintained under the direction and control of the Director of Utilities, at the request of the owner of the property or his duly authorized representative. Any change to the site, subsequent to the installation of the connection, which may affect the operation and maintenance of the service shall relieve the City from all responsibility for maintenance and liability for any resultant damages.
[P.S. Code § PS404.A3; amended 9-24-1984 by Ord. No. 1334; 5-31-1994 by Ord. No. 1577]
The City Manager is hereby authorized, with the consent of the City Commission, to determine and establish a schedule of construction charges for the various sizes and types of water service connections for each calendar year. Each schedule shall become effective when approved by motion duly adopted by the City Commission. Such schedule of charges shall be based on the following, as applicable:
Recovery of all costs normally incurred for this type of construction.
The size and length of pipe to be used for standard size connections, up through 1 1/4 inch. When the main is in a public street, the length of pipe shall be computed from the center of the right-of-way.
Extra costs of construction during winter months.
Repair or replacement of pavement and sidewalk.
Exceptional surface repairs, including landscaping.
The Director of the Department of Public Utilities may establish advance deposits for construction charges for water service connections for each calendar year.
Advance deposits toward construction charges established under this section shall be made before construction. Any balance owed shall be due within 30 days after billing. Interest at the rate established by the City Commission for past due accounts shall be charged upon any delinquent unpaid balance. If such unpaid balance, with interest, is not paid within six months, the fact shall be reported to the City Commission for establishment of a lien against the real estate.
[P.S. Code § PS403.110]
No connection shall be installed which will connect the City water supply to any system of pipes or piping which may also be supplied from any other source. The use of check valves or valves of any kind to separate the City supply from any other supply will not be permitted. There must be an absolute physical separation of the City water supply and any other supply.
Connections installed contrary to this section prior to the effective date of Ordinance No. 62, from which this section is derived, may continue until the health officer or the Director of Utilities orders such connection discontinued. Customers shall ordinarily be given five days in which to comply with such an order, but in cases of emergency, when it is deemed by the health officer that public health is being jeopardized by such a connection, customers shall be required to comply with the order immediately. If such a customer shall fail to comply with such an order within the time limits herein specified, such failure shall be considered as a violation of this section, and in addition thereto, the water shall be shut off from the premises and not turned on again until the order has been complied with.
[P.S. Code §§ PS403.112, PS404.A2; amended 12-29-1975 by Ord. No. 1075]
Meters shall be located in an accessible space provided by the property owner at the point where the service connection enters the structure and shall not be in a crawl space or a locked storage room. Where it is impractical to place the meter elsewhere, the owner shall provide a meter pit on private property adjacent to the public right-of-way.
Meter sizes shall be prescribed by the Director of Utilities. Meter sizes shall be changed when it appears that a meter of the wrong size is in use, except that changes shall not be made for seasonal variations.
[P.S. Code § PS403.14]
Not more than one residence, factory or industrial institution shall be served by one meter, provided the regular water main is laid past any such premises or is easily accessible to such premises. When a main is installed on the street past any premises previously served by a meter also measuring water to another premises, the connection previously installed shall be removed and the premises connected to the main in the regular way.
[P.S. Code §§ PS403.13, PS403.15]
It shall be unlawful for any person to open any valve or make any connection which will make possible the use of water which has not passed through a meter properly installed and recorded on the books of the division, except that, in special cases where it is impractical to meter the water and where the amount used can be accurately estimated and where proper arrangements are made for the payment of water so used, the Director of Utilities may grant temporary permission in writing for such use of water without a meter.
[P.S. Code § PS403.15]
In cases of ordinary building construction, a meter shall be set in a place approved by the division, at the expense of the customer, to measure the water used during construction. Water so used shall be charged for at the usual rates.
[P.S. Code § PS403.13; amended 10-19-2009 by Ord. No. 1859]
Only approved contractors or employees of the Public Services Department, Water Division, acting in their official capacities are permitted to tap, change, remove, disconnect, repair, install, break, or seal, turn on, or in any way perform work on any water mains, branch piping, service connections, meters, valves, fittings or other appurtenances of the water distribution system.
An "approved contractor" must be a licensed plumber in good standing with the State of Michigan and be able to demonstrate to the Public Services Director or the Director's designee sufficient experience to perform work to the satisfaction of the Public Services Director, or the Director's designee. The Public Services Director, or the Director's designee, shall maintain a list of approved contractors who have met these requirements. An approved contractor shall obtain written permission from the Public Services Director, or the Director's designee, before performing any work.
Nothing in this section shall be deemed to obviate the necessity that an approved contractor or an employee of the Water Division secure all necessary permits before performing any work on the City's water distribution system, or to secure a final inspection and approval of any work described in this section.
[P.S. Code § PS403.16]
It shall be unlawful for any person to cover up or obstruct in any way free access to any fire hydrant, curb box, street valve or meter. In case of violation of this section, the cost of removing the obstruction, together with the cost of restoring the hydrant, curb box, street valve or meter to its proper accessible position, plus 25%, shall be charged to the person causing or allowing the obstruction to occur or under whose direction the obstruction occurred. This charge shall be subject to a 10% discount, if paid within 30 days of the date of the invoice. This charge shall be in addition to any penalties provided for the violation of this section.
[P.S. Code § PS403.19]
Customers may turn water on and off by the valve immediately ahead of the meter in the basement or meter pit in which the meter is located, at their pleasure.
It shall be unlawful to operate any other valve or hydrant, except by a wrench or key which has been approved by the Division of Water and stamped with a distinctive, identifying marking and a serial number. Records shall be made by the serial number of the ownership of each and every key or wrench so approved. All hydrant wrenches used by the fire department shall be inspected, and if found in good condition, shall be so approved and recorded. The Director of Utilities may issue approved and recorded keys or wrenches to such other persons as he may deem proper, subject to the approval of the City Manager. Any key or wrench so issued shall be for the exclusive use of the person recorded with the issuance of the key or wrench. In case of violation of this section, any wrench or key so illegally used may be confiscated by any employee of the Division of Water, acting in his official capacity, or by any officer of the law.
[P.S. Code § PS403.111]
It shall be unlawful for any person to ground or electrically connect any radio, telephone or other electrical system to any pipes or appurtenances connected to the discharge side of any water meter, unless:
Any shunt placed around a water meter shall be so placed that the meter may be removed without disturbing same, and no electrical connection whatever shall be made to the meter itself or to the meter union or meter "tail piece." The "tail piece" shall be construed as the short piece of special pipe (usually of brass) which is immediately adjacent to the meter and connected thereto by the meter union.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075]
When meters are installed to measure water to fire protection sprinkler systems under Schedule C of § 38-32, it shall be unlawful to use water through such meters for any purpose other than extinguishing fires or testing or filling the sprinkler system or its appurtenances. Customers using water under said Schedule C shall maintain their sprinkler systems in a tight condition, free from drips, leaks and unlawful uses of water at all times. Tests of sprinkler systems shall be made at such times as authorized by the Director of Utilities to best protect the City water system.
[P.S. Code §§ PS407.1, PS407.2]
All that portion of the City-owned land in Sections 1, 2, 11 and 12, T 3S, R 12W, which is south and westerly of a one-hundred-thirty-two-foot electric transmission right-of-way, and which is more than 821.90 feet north of the south line of Section 11, and which is more than 1,000.00 feet northwesterly from Texas Drive, as shown on Exhibit "A" attached to Ordinance No. 957 and on file in the City Clerk's office, shall be established as a water resource and land preserve.
It is the intention of the City to maintain ownership and control of the land referred to above, so as to protect the water supply environment to the greatest degree possible, and to preserve the character of the land in as natural a state as possible, while providing for water supply development needs. Therefore, the land uses permitted in this area shall be limited to those activities necessary for water supply purposes and for passive recreational uses, such as nature study, wildlife observation, hiking and minimal forest management.
All unauthorized motorized vehicles and equipment; hunting, trapping, and the carrying of firearms of any type; and sewers, garbage dumps and other possible sources of contamination shall be prohibited in the area described in Subsection A above. All activities that could affect the land or water environment, which are not specifically approved or prohibited in this section, must receive prior approval from the Director of Utilities.
[P.S. Code §§ PS901, PS902]
It is the intention of the City to protect and maintain the sanitary isolation of the environment of the Central Water Well Field free from all sources of contamination which might result in harm to the municipal wells located within this field, and which could adversely affect the physical isolation of the wells, as required by the State Health Department. The boundaries of the Central Water Well Field Sanitary Isolation Area, which is located entirely within the City, are described as follows:
No construction or other activity which could adversely affect the well isolation, will be permitted on or below the surface of the ground within the confines of the Sanitary Isolation Area enclosing the Central Water Well Field, without prior approval of the Director of Utilities for the City and the Director of the State Health Department.
[Added 5-29-1979 by Ord. No. 1159]
It is the intention of the City to protect and maintain the sanitary isolation of the environment of the Kendall Water Well Field free from all sources of contamination which might result in harm to the municipal wells located within this field, and which could adversely affect the physical isolation of the wells, as required by the Michigan State Health Department. The boundaries of the Kendall Water Well Field Sanitary Isolation Area, which is located entirely within the City of Kalamazoo, State of Michigan, are described as follows:
No construction or other activity which could adversely affect the well isolation will be permitted on or below the surface of the ground within the confines of the sanitary isolation area enclosing the Kendall Water Well Field, without prior approval of the Director of Utilities for the City of Kalamazoo and the Director of the State Health Department.
[Added 3-17-1980 by Ord. No. 1191]
It is the intention of the City to protect and maintain the sanitary isolation of the environment of the Maple Well Field free from all sources of contamination which might result in harm to the municipal wells located within this field, and which would adversely affect the physical isolation of the wells, as required by the Michigan State Health Department. The boundaries of the Maple Water Well Field Sanitary Isolation Area, which is located entirely within the City of Kalamazoo, State of Michigan, are described as follows:
No construction or other activity which could adversely affect the well isolation will be permitted on or below the surface of the ground within the confines of the sanitary isolation area enclosing the Maple Water Well Field, without prior approval of the Director of Utilities for the City of Kalamazoo and the Director of the Michigan State Health Department.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075; 3-3-1980 by Ord. No. 1188; 4-12-1982 by Ord. No. 1255; 10-18-1982 by Ord. No. 1270; 10-3-1983 by Ord. No. 1292; 3-26-1984 by Ord. No. 1317; 1-28-1985 by Ord. No. 1340; 2-16-1987 by Ord. No. 1404; 12-31-1990 by Ord. No. 1506; 9-8-1992 by Ord. No. 1543; 3-28-1994 by Ord. No. 1572; 2-17-1997 by Ord. No. 1631; 1-20-1998 by Ord. No. 1646; 3-1-1999 by Ord. No. 1670; 1-28-2002 by Ord. No. 1730; 4-19-2004 by Ord. No. 1768; 2-21-2005 by Ord. No. 1782; 3-6-2006 by Ord. No. 1799; 7-2-2007 by Ord. No. 1830; 2-2-2009 by Ord. No. 1851; 1-19-2010 by Ord. No. 1865; 2-21-2011 by Ord. No. 1879; 2-6-2012 by Ord. No. 1889; 5-5-2014 by Ord. No. 1920; 12-19-2016 by Ord. No. 1944; 1-16-2018 by Ord. No. 1955; 2-4-2019 by Ord. No. 1979]
The charge for water service furnished by the City shall be the sum of the service charge, dependent upon the size of the meter, plus the commodity charge, dependent upon the amount of water used, and the applicable customer class schedules as set forth below:
Schedule A (quarterly).
Schedule B (monthly).
Commodity charges, Rate Schedules A and B.
Fire protection, Rate Schedule C (monthly).
Lawn sprinkling and seasonal use, Schedule D. Monthly and quarterly service charges under this schedule are based upon meter size and are the same as in Schedules A and B. Minimum annual service charges are equal to four times the quarterly service charge.
The rates established by this amendment shall go into effect for water bills rendered on or after February 14, 2019.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075; 3-3-1980 by Ord. No. 1188; 4-12-1982 by Ord. No. 1255; 10-18-1982 by Ord. No. 1270; 10-3-1983 by Ord. No. 1292]
There shall be no free water service rendered by the City to any customer.
The schedules prescribed by § 38-32 shall apply as follows:
Schedule A shall apply to all small general users and residential customers.
Schedule B shall apply to all customers large enough to warrant monthly billing. The limits of this schedule shall be prescribed by the Director of Public Services.
The classification of customers with respect to commodity charges under Schedules A and B shall follow these criteria:
Residential: Primary use of property being served is residential with less than four dwelling units, excepting master-metered mobile home parks, which are included.
Multifamily residential: Primary use of property is permanent or temporary residential with four or more dwelling units.
Commercial/industrial: Primary use of property is for commercial/industrial, institutional, and miscellaneous purposes.
The limits of the above classifications shall be prescribed by the Director of Public Services and shall consider water use, demand characteristics, and the primary use of the property. When the classification is in doubt or unclear, the consumer shall be assigned the classification with the highest commodity rate.
Schedule C shall apply to all services providing water to fire protection sprinkler systems.
Schedule D shall apply to all customers who have predominant uses, such as irrigation, lawn sprinkling, and air conditioning, which are seasonal in character and demand. The billing at the end of the season shall be adjusted to reflect the minimum annual service charge as noted in § 38-32A(5).
The utility's application of the various rate schedules and customer classifications as provided under this section may be appealed by a customer to the Public Services Director. A change in classification shall be made only upon receiving sufficient and appropriate evidence from the customer which established consumption characteristics and primary use of the property as being inconsistent with the current classification. The utility may change a customer classification or rate schedule upon written notification to the customer. Any reclassification shall be prospective only and not retroactive.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075]
The minimum charge for water service, covering periods during which no water has been used, shall be the service charge for the total billing period as prescribed by § 38-32. Minimum charges shall apply whenever water service is turned on and available to the customer and shall be discontinued only after the water has been turned off by the City.
Editor's Note: Former § 38-35, relative to charges when a meter serves more than one residence, etc., as derived from P.S. Code, § PS403-112 and Ord. No. 1075, adopted 12-29-1975, was repealed 4-12-1982 by Ord. No. 1255.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075; 4-12-1982 by Ord. No. 1255]
Customers located outside the corporate limits of the City of Kalamazoo shall be charged the rates identified as "Outside City" in the various schedules established by this chapter.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075]
Each separate meter installation shall be considered, for purposes of the rate schedules set forth in this article, a separate customer account. A meter installation may be one meter or several meters, set in parallel, of the same size, from the same service connection, and covered by the same rate schedule. For such meters set in parallel, the registration shall be added together, and this total registration shall be considered as the total commodity used by that account, and applied to the appropriate rate schedule accordingly.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075; 3-22-1976 by Ord. No. 1082; 3-1-1999 by Ord. No. 1669]
All charges set forth in this article shall become due and payable on or before the due date, as indicated on each bill. Payments made after such date shall include an additional 5% of the net amount due on the due date.
[P.S. Code § PS403.112; amended 12-29-1975 by Ord. No. 1075; 3-22-1976 by Ord. No. 1082; 3-3-1980 by Ord. No. 1188; 11-1-1982 by Ord. No. 1272]
The charges for water service are hereby recognized to constitute a lien on the premises receiving such service. This lien shall become effective immediately upon providing water service to the premises, but shall be not enforceable for more than three years after it becomes effective. Whenever any such charge against any property shall be delinquent for three months, the City officials in charge of the collection thereof may certify to the tax assessing officer of the City the fact of such delinquency, whereupon such charge shall be entered upon the next roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general City taxes against such premises are collected and the lien thereof enforced. Nothing in this section, however, shall be deemed to prevent the City from suing in a court of law to collect the amount due it for water service charges as provided in Subsection C below. In addition to the other remedies provided in this section, the City shall have the right to shut off and discontinue the supply of water service to any premises for the nonpayment of water service charges when due in accordance with the procedure established in Subsection B below.
If a charge for water service prescribed by this article is not paid within 30 days after the billing therefor, and after the customer has been given notice and an opportunity to be heard as provided by law, all water service may be shut off and discontinued to the customer owing or liable for such charge. Water service shutoff pursuant to this section shall not be restored until all sums due and owing have been paid in full, including a collection fee of $60 and appropriate security deposits, as prescribed by resolution of the City Commission.
[Amended 1-13-2014 by Ord. No. 1914]
At its option the City may, in addition to the remedies above, in its corporate name, bring suit in any court of competent jurisdiction for the collection of any water service charge which, 30 days after the billing therefor, has not paid. The production of the meter record or cost record shall be prima facie evidence of the liability to pay the amount therein shown to be due.
[Amended 6-29-1992 by Ord. No. 1537]
Where a loss of service occurs under specific circumstances from underground water line leakage, an adjustment for that loss may be applicable as determined by the Director of Public Utilities in accordance with the leak adjustment policy which may be adopted and amended from time to time by resolution of the City Commission.