City of Howard Lake Sewer and Water Regulations Ordinance

CHAPTER 10.03

AN ORDINANCE CREATING A NEW CHAPTER 10.03 ENTITLED WATER USE REGULATIONS AND REPEALING CHAPTER 10.03 ENTITLED "REQUIRING THE INSTALLATION OF INSIDE TOILET FACILITIES AND CONNECTION WITH THE SEWER AND WATER SYSTEM, PROVIDING FOR THE ASSESSMENT OF THE COST OF INSTALLATION AND CONNECTION IN CERTAIN CASES, AND DECLARING CERTAIN OUTSIDE TOILETS, CESS POOLS, AND SEPTIC TANKS A NUISANCE" IN ITS ENTIRETY.

THE CITY COUNCIL OF THE CITY OF HOWARD LAKE DOES ORDAIN:

Section 1. Application. Regulations of the use of public water system hereinafter shall be considered a contract with every property owner or occupant connected to the water system.

Section 2. Deficiency of Water and Shutting Off Water. The City in not liable for any deficiency or failure in the supply of water to customers whether occasioned by shutting the water off for the purpose of making repairs or connections or by any other cause. In case of fire, or alarm of fire, water may be shut off to insure a supply for fire fighting. In making repairs or construction of a new service may be shut off at any time and kept off so long as may be necessary.

Section 3. Connecting to the Water System. Any person desiring a connection with the City water system shall make application for permit in writing to the City. Such application shall be in writing and shall contain an exact description of the property to be served. Such person making application shall assume all costs of tapping the main, piping to the nearest curb and the installation of a curb box. Any water user who has previously been connected with the water system may be required by the City to apply for a new permit and to assume all subsequent costs if extensions to the water system shall come closer to the property served than the tap now serving the property, or if the City serves notice that the water pipe now serving the property has become unsafe for use. Should any application for connection to the City water system be allowed for any parcel or building adjacent to the City water system, the property owner shall be wholly responsible for the repair and costs of repair of any improved streets which are affected by the granting of the connection permit: all repairs being subject to the approval of the Sewer/Water and/or Street Department Head(s). If both water and sewer connections are completed at the same time, the property owner shall be wholly responsible for the repair and costs of any improved street subject to the approval or the Sewer/Water and/or Street Department Head(s). Every owner of property abutting on or adjacent to any street or right-of-way in which service mains have been laid, and on which property there is a dwelling or commercial establishment, shall connect such property to the water main.

Section 4. Repair of Leaks. It is the responsibility of the consumer or owner to maintain the service pipe from the curb stop into the building. In case of failure upon the part of any consumer or owner to repair any leak occurring in his or her service pipe within twenty-four (24) hours after oral or written notice has been given the owner or occupant of the premises, the water may be shut off and will not be turned on until a reconnection charge has been paid and the water service has been repaired. When the waste of water is great or when damage is likely to result from the leak, the water will be turned off if the repair is not proceed with immediately.

Section 5. Abandoned Services Penalties. All service installations connected to the water system that have been abandoned or, for any reason, have become useless for further service shall be disconnected at the main. The owner shall pay the cost of excavation and disconnection of all pipes and there removal. All work shall be inspected by the City before backfilling. When new buildings are erected on the site of old ones, a new permit shall be applied for and the old service replaced at the expense of the property owner. It is unlawful for any person to cause or allow any service pipe to be hammered or squeezed together at the ends to stop the flow of water, or to save the expense in improperly removing such pipe from the main.

Section 6. Separate Connection Required. Unless special permission is granted by the City Council, each premises or use shall have a separate and distinct service connection. Where permission is granted for branch pipes, each branch pipe must have its own cock and separate meter.

Section 7. Service Pipes. Every service pipe must be laid in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven feet below the surface in all cases so arranged as to prevent rupture and stoppage by freezing. Frozen service pipes between the curb stop and the building shall be the responsibility of the owner. Service pipes must extend from the curb stops to the inside of the building; or if not taken into a building then to the hydrant or other fixtures which they are intended to supply. A valve, the same size as the service pipe, shall be placed close to the inside wall of the building, ahead of the meter and well protected from freezing.

Section 8. Meters. The City shall install a water meter for any person, firm or corporation using City water, such meter to be furnished and installed by the City, and to remain the property of the City: provided, however, that the owner or occupant of the premises to be served shall furnish a proper frost proof place for the installation of such meter.

Section 9. Damage to Meters. In the event that any water meter so installed shall be damaged or rendered inoperative by means other than through normal wear and depreciation or the negligence of the City, its officers or employees, the owner of the premises where such meter is installed shall pay for the cost of repairing such meter or for the cost of a new meter, whichever shall be less, and in default thereof, the city may turn off the water at the curb box serving such place or premises, and proceed to collect the value of the damaged water meter by the means hereinafter set forth for the collection of water rents.

Section 10. Use of Meter. The owner or occupant of a property or structure where a water meter is installed shall not use water until it has passed through the meter.

Section 11. Tampering with a Meter. No person, unless properly authorized by the City shall connect, disconnect, remove, repair or otherwise disturb any water meter.

Section 12. Inspection. All water meters, water fixtures, appliances and appurtenances on private premises connected with the City water system shall be open to inspection by proper employees of the City at all reasonable and ordinary hours. The water shall be kept and remain free from obstructions on or about the same so that it may be read, inspected or repaired at all reasonable hours, and if not so kept, the water may be turned off. The user or owner shall properly repair any leaking service pipe leading to a meter located on private premises, and if not properly and promptly repaired, the water shall turn off by the City. The right is reserved to suspend the use of fountains and facets, hose and sprinkler, gardens and grounds, and other purposes whenever in the opinion of the City that a public exigency may require.

Section 13. Prohibited Uses or Restricted Hours. Whenever the City shall determine that a shortage of water threatens the City, it may entirely prohibit water use or limit the times and hours during which water may be used from the City water system for lawn and garden sprinkling, irrigation, car washing, and other uses that may be determined by the City.

Section 14. Opening Hydrants. It is unlawful for any person, other than members of the Fire Department or other persons authorized by the City to open any fire hydrant or attempt to draw water from the same or in a manner therewith.

Section 15. Changes in Regulations. The City Council may from time to time adopt rules and regulations governing the operation of the water department and the use of water as may be necessary

Section 16. Penalty Provisions. Any person, firm or corporation who shall violate any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $900.00, or imprisoned in the County jail for a period not to exceed 90 days.

Passed by the City Council this 20th day of November, 2001.

Gerry Smith, Mayor

ATTEST: Gene Gilbert, City Clerk/Treasurer


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