ARTICLE II. WATER1

DIVISION 1. GENERALLY

118-25 Reserved.

Editor’s note—Ord. No. 2309, § 1(a), adopted August 12, 2013, repealed § 118-25, which pertained to adjustment of water rates and derived from Ord. No. 2078, § 1, adopted June 18, 1998, Ord. No. 2260, § 1, adopted April 25, 2012, and Ord. No. 2268, § 1, adopted August 7, 2012.

118-26 Definitions.

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:

Approved means the approval of the department.

City waterworks means the “City of Pontiac Water Supply System” and the “City of Pontiac Water Supply System Facilities” as those terms are defined in the City of Pontiac Water Supply System Contract, dated April 19, 2012.

Cross connection means a physical connection between a private water supply system and a public potable water supply system.

Department means the Oakland County Water Resources Commissioner, acting as agent for the County of Oakland, or his authorized agent or representative, pursuant to the City of Pontiac Water Supply System Contract, dated April 19, 2012.

Main means any pipes other than supply pipes and service pipes used for conveying water to or distributing it in the City.

Meter rates means the rates or prices to be charged for water based upon the size of the meter and the quantity of water consumed on any premises as measured by a water meter or estimated in cases where no meter is used.

Occupant means any person in possession of the premises other than the owner and being supplied with City water.

Office means the office of the superintendent.

Owner means any person actually owning property or premises supplied or prospectively to be supplied with City water, or his authorized agent.

Premises means a single dwelling or apartment occupied by one family only, together with the land connected therewith and such outbuildings as are used exclusively in connection therewith, or a single room or building occupied for business or other purposes by one person or entity.

Service pipe means the pipe extending from the curb cock into privately owned land for supplying the premises with water.

Superintendent means the Oakland County Water Resources Commissioner, acting as agent for the County of Oakland, or his authorized agent or representative, pursuant to the City of Pontiac Water Supply System Contract, dated April 19, 2012.

Supply pipe means a pipe tapped into the main and extending thence to and including the curb cock or valve at a point normally seven feet outside the property line.

(Code 1985, §§ 27-1, 27-2; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12)

Cross reference—Definitions generally, § 1-2.

118-27 Supervision of waterworks.

The City waterworks shall be supervised and managed exclusively by the “superintendent,” who is defined as the Oakland County Water Resources Commissioner, acting as agent for the County of Oakland, pursuant to the City of Pontiac Water Supply System Contract, dated April 19, 2012.

(Code 1985, § 27-3; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12)

118-28 Superintendent’s duties.

The duties of the superintendent shall include immediate supervision of the pumping stations, grounds, mains, extensions, wells and other sources of water supply.

(Code 1985, § 27-4; Ord. No. 2260, § 1, 4-25-12)

118-29 Rules and regulations; notice.

The superintendent is authorized to issue any rules and regulations governing the restriction or regulation of water usage when he deems a sufficient emergency exists in the City with reference to the water supply.

(Code 1985, § 27-51; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12; Ord. 2309, § 1(b), 8-12-13)

118-30 Unusual construction or alterations; plans.

Owners of property desiring any unusual construction, alterations or attachments connected with the water supply must submit plans and specifications for the changes to the superintendent for his inspection and approval or disapproval. The superintendent shall determine whether the changes may be connected and the terms and conditions under which their use will be allowed.

(Code 1985, § 27-32)

118-31 Prohibited uses of water.

(a)    No person shall take or use city water from premises other than his own.

(b)    No person shall sell or give away city water from his own premises for any purpose.

(c)    City water shall not be used for any purposes other than those specified in the original application under which the supply was granted, or as may be permitted by this article.

(Code 1985, § 27-29)

118-32 Unauthorized water connections.

City water shall be taken and used only through supply and service pipes established by or under the supervision of the department. In no case shall one service supply more than one lot, unless occupied as a single building or unless occupied as a single industry or enterprise.

(Code 1985, § 27-30)

118-33 Unauthorized turn on of water.

Where the water has been turned off by the department for any reason, no person shall turn it on again without the permission of the department. When this section is violated, the water may be turned off at the corporation cock at the main. In such case the owner shall, before it is again turned on, pay in advance the charge of the department for such turn-on.

(Code 1985, § 27-37)

118-34 Contamination of water supply prohibited.

No person shall do any act, or permit any act to be done, which may, or may tend to, contaminate or pollute the water supply wells or water system of the city.

(Code 1985, § 27-31)

118-35 Waste of water prohibited.

Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures, is strictly prohibited, even where the service is metered. For disregard of or repeated violation of this section, the water may be turned off by the department at the expense of the property owner.

(Code 1985, § 27-36)

118-36 Interference with water mains.

The water mains of the department, whether within or outside of the City, are under the exclusive control of the department. All persons other than agents and employees of the department are forbidden to disturb, tap, change, obstruct access to or interfere with the water mains in any way.

(Code 1985, § 27-16; Ord. No. 2268, § 1, 8-7-12)

118-37 Opening hydrants; obstructions.

(a)    Fire hydrants are provided for the sole purpose of extinguishing fires and are to be opened and used only by the Department and Fire Department of the City or by persons authorized by the Department. In no case shall any person use a wrench or tool on any fire hydrant other than a regulation Fire Department hydrant wrench.

(b)    No person shall in any manner obstruct or prevent free access to, or place or store, temporarily or otherwise, any object, material, snow, debris or structures of any kind within a distance of 15 feet of any fire hydrant. Any such obstruction when discovered may be removed at once by the Department at the expense of the person responsible for the obstruction.

(Code 1985, § 27-12; Ord. No. 2254, § 1, 4-17-12; Ord. No. 2268, § 1, 8-7-12; Ord. 2309, § 1(c), 8-12-13)

118-38 Fire protection connections; private premises; detector checks.

(a)    Where connections are provided for fire protection on any premises, no water shall be taken or used through such connections for any purpose other than extinguishing fires and testing of fire equipment. In such case, the test must be conducted under a special permit and under the supervision of the department.

(b)    All fire protection systems supplied by city water shall be equipped with a detector check of a size and quality approved by the superintendent. Existing fire protection systems not equipped with a detector check shall be so equipped within six months following the effective date of this section. If a detector check is not installed within this prescribed period, the water supply to the fire protection system shall be turned off, and shall not be turned back on until the proper detector check has been provided.

(Code 1985, § 27-52)

118-39 Curb cocks; opening and closing.

(a)    When new service pipes are put into any premises, the curb cock shall be left closed, and will thereafter be opened by the department only upon the request of the owner or his agent. Such request must be in writing.

(b)    Under no circumstances shall curb cocks be opened or closed by any person who is not an authorized agent or employee of the department, except that a licensed plumber may open a curb cock to test his work, as provided in section 118-44. The holder of a permit to use water for building or other such work, or his agents, shall not open or close curb cocks, or otherwise interfere with the curb cock.

(Code 1985, § 27-26)

118-40 Obstruction of curb cock or valves.

No person shall obstruct or interfere with any curb cock, valve or fixture connected with the department by placing in, on or about it any building materials, rubbish, soil, snow or other hindrances to easy and free access thereto.

(Code 1985, § 27-39)

118-41 Use of service pipes; separate premises.

(a)    No service pipe shall be used to furnish water in any manner to any premises or for any purpose which such service pipe was not designed by the department to supply. In case of violation of this section the superintendent may turn off the water from such service pipe.

(b)    Where one building is occupied by two or more distinct families, or where a business building is occupied by two or more firms or persons, a single charge for water will be made against the owner of the building for the whole. Default in the payment of any part of this charge will subject the premises to the same penalties as are provided in regard to other overdue charges. The payment of a part of the whole charge by a tenant shall not invalidate or modify this section.

(Code 1985, § 27-27)

118-42 Service pipes, maintenance; notice to repair; cost of repair constitutes lien.

(a)    If any owner shall refuse or neglect to make any repairs or replacements on that portion of the service pipe which he is required to maintain, within a reasonable time under the particular circumstances but in no case exceeding 14 days after he has received notice from the superintendent, then the superintendent may shut off the water to such premises, or may cause such repairs or replacements to be made and charge the cost thereof to such owner and against the property served, which charge shall be due immediately.

(b)    The charges provided for in this section shall be a lien against the property served and all provisions of this article in relation to penalties and to the enforcement of water charges shall be applicable to charges for repairs and replacements.

(Code 1985, § 27-33)

118-43 Interference with supply pipes.

No person shall tap, repair, change or otherwise disturb the mains, nor change, repair or in any way interfere with supply pipes or curb cocks, except that licensed plumbers may use the curb cock for the purpose of testing their work. In such case, the curb cock must be left in the same condition and position as the plumber found it.

(Code 1985, § 27-25)

118-44 Subdivided building; separate pipes.

Where a building, originally built as a single building or premises and fitted with one service pipe, but capable of being divided by sale or otherwise, has been subdivided, the separate division so made must be connected with the main by separate service pipes. In case of violation of this section, the superintendent may turn off the water from such service pipe.

(Code 1985, § 27-28)

118-45 Protection of pipes from freezing.

Water pipes likely to be exposed to freezing temperatures must be effectively protected from freezing.

(Code 1985, § 27-35)

118-46 Special permits for water; bill; shutoff.

(a)    An application for a special permit to use City water in the construction or repair of buildings or for any other construction or repair work or for any other special use shall be made to the superintendent upon the blank form provided for the purpose by the department. The character of the work for which the water is to be used and the estimated quantities of water to be used in such work shall be provided in the blank space provided therefor. All the blanks on the form shall be filled in and certified to by the owner or the agent of the person desiring such services. An estimate of the value of the water to be used, at the established rates, will then be prepared by the superintendent, and a bill rendered for the value. Upon the payment of the bill in full, a permit will be issued by the department. When a hydrant is used for purposes mentioned in this section, the deposit shall also include inspection costs and an estimated cost of possible damage to the hydrant.

(b)    If it appears to the superintendent that the applicant for water to be used in the construction or repair of buildings or other special use has misrepresented the quantity of water to be used, the supply of water to him shall immediately be shut off and not again be turned on until a true and revised estimate of the quantity of water to be used in such work is submitted and until the water for the additional work is paid for to the department, together with a fee as set by the department.

(Code 1985, §§ 27-49, 27-50; Ord. No. 2268, § 1, 8-7-12)

118-47 Standpipes or connections, location restricted.

No standpipe or connections, except authorized fire, drinking or sprinkling hydrants, shall be placed at the street curb.

(Code 1985, § 27-34)

118-48 Street or highway sprinkling.

Water for sprinkling streets or highways shall be taken only from fire hydrants equipped for the purpose, or from such special standpipes or valves as may be provided for the purpose by the department. Such water may be taken only by persons duly authorized or licensed by the department.

(Code 1985, § 27-53)

118-49 Drinking fountains.

The public drinking fountains shall be used only for the purposes for which they are designed. No person shall use water from public drinking fountains for any other purpose, except to aid in the extinguishing of fire.

(Code 1985, § 27-38)

118-50118-60 Reserved.

DIVISION 2. PLUMBERS

118-61 License required.

No person who is not an agent or employee of the department shall do any plumbing work in connection with the city water supply or make any attachments, connections, alterations, or repairs to any service pipes, fixtures, or plumbing work connected therewith, unless he has been duly licensed to do such work by the city.

(Code 1985, § 27-23)

118-62 Workmanlike performance required.

Licensed plumbers engaged upon work connected with the department shall do all their work properly and skillfully. All parts, attachments and fixtures supplied or used by them shall be of a kind and quality approved by the plumbing inspector.

(Code 1985, § 27-24)

118-63118-75 Reserved.

DIVISION 3. INSPECTIONS

118-76 Department inspectors; credentials.

(a)    Inspectors, foremen, employees and agents of the department whose duty it may be to enter upon private premises to make inspection and examination of the pipes, fixtures or attachments used in connection with the City water supply shall be provided with a badge or such other credentials as the superintendent may deem proper to identify them as authorized agents of the department.

(b)    No inspector, foreman, employee or agent of the department shall be entitled to enter upon any private premises unless he carries and exhibits the badge or credentials provided under this section.

(Code 1985, § 27-13; Ord. No. 2268, § 1, 8-7-12)

118-77 Access to premises; refusal.

(a)    Any officer, inspector, foreman or other authorized employee of the department shall, upon the presentation of the badge or other credentials provided for in section 118-76, have free access at all reasonable hours to any premises supplied with city water for the purpose of making any inspection thereof, including the examination of the entire water supply and plumbing system upon the premises.

(b)    No person shall refuse to admit the officer, inspector, foreman, or other authorized agent or employee of the department to any premises for the purpose of inspection of the water supply or plumbing system thereof. In case any authorized person is refused admittance to any premises, or once admitted, is hindered or prevented in making such examination, the superintendent may turn off the water from the premises after giving 24 hours’ notice to the owner or occupant of the premises.

(Code 1985, § 27-14)

118-78 Unauthorized use of credentials.

No person not an authorized officer, inspector, foreman, agent or employee of the department shall have, wear or exhibit any badge or credential of the department. It shall be the duty of every such person, upon termination of such authorized status, to immediately surrender and deliver to the department all badges and credentials of the department.

(Code 1985, § 27-15)

118-79118-90 Reserved.

DIVISION 4. METERS

118-91 Installation by superintendent.

The superintendent may at any time install a meter and charge meter rates on any service pipe not so equipped.

(Code 1985, § 27-17)

118-92 Inspection where meter larger than three-fourths inch; determination of size.

In all cases where meters larger than three-fourths inch are to be installed, an inspection of the premises shall be made by the department to determine the size of meter required, its proper location and the manner in which it shall be set up and protected. The decision of the superintendent in regard to these matters shall be final.

(Code 1985, § 27-18)

118-93 Meters to be sealed; interference prohibited.

(a)    All meters and valves on meter bypasses shall be sealed by the department, except if an authorized agent or employee of the department shall break or injure such seals.

(b)    No person other than the authorized agents or employees of the department shall change the location of, alter or interfere in any way with any meter.

(Code 1985, § 27-19)

118-94 Ownership of meters.

All meters shall remain the property of and at all times under the control of the department.

(Code 1985, § 27-20)

118-95 Damage to meters; responsibility of property owner.

(a)    Any damage which a meter may sustain resulting from carelessness of the owner, agent or tenant or from neglect of either of them to properly secure and protect the meter, as well as any damage which may be wrought by frost, hot water, or steam backing from a boiler, shall be paid by the owner of the property to the department on presentation of a bill therefor; and in cases where the bill is not paid, the water shall be shut off and not be turned on until all charges have been paid to the department.

(b)    The owner of any premises where a meter is installed will be held responsible for its care and protection from freezing and from injury or interference by any person. In case of any injury to the meter or in case of its stoppage or imperfect working, the owner of the affected premises shall give immediate notice to the office.

(Code 1985, § 27-21; Ord. No. 2268, § 1, 8-7-12)

118-96 Bypass prohibited; exception.

All city water used on any premises where a meter is installed shall pass through the meter. No connection between the meter and the main shall be maintained. A bypass shall be installed for all meters 1 1/2 inches and over, with a sealed valve placed on the bypass.

(Code 1985, § 27-22)

118-97118-105 Reserved.

DIVISION 5. SUPPLY PIPES AND FIXTURES

118-106 Water connection; application procedure.

(a)    An application for the introduction of city water to private premises, or for the change of an existing supply, shall be made to the superintendent by the owner of the premises, or by his agent authorized in writing. The application must be made upon the blank form furnished by the department. The applicant must subscribe to the conditions on such form.

(b)    The application for city water must be accompanied by the permit fee specified in section 118-114, which will be returned if the application is not granted.

(c)    Upon receipt of an application for any unusual service, the superintendent will make or cause to be made an inspection of the premises. Unless service is rejected for cause, the applicant may be required to deposit with the superintendent a sum of money that will, in the judgment of the superintendent, be sufficient to cover the cost of such installation.

(d)    The superintendent, after the water deposit has been made, will make the installation and keep or cause to be kept a detailed cost of the installation, including all labor and material. The cost to the applicant for such installation shall include the labor and material together with an allocation of costs of employee fringe benefits and administrative overhead and other indirect costs.

(e)    If the total cost of the installation of water service pipes and equipment exceeds the deposit mentioned in subsection (c) of this section, the water will not be turned on until such deficiency is fully paid. In no case will water be turned on while there is unpaid any sum due the department for the installation of service pipes and equipment specified in this section.

(Code 1985, § 27-40)

118-107 Material for pipes.

Supply pipes shall be of such material as the department may select. Service pipes shall comply with the standards and specifications contained in the plumbing code.

(Code 1985, § 27-41)

118-108 Approved fixtures required.

The refusal or neglect of the owner to equip the premises with service pipe connections, utilities or fixtures of approved character and quality shall be sufficient grounds for the refusal of the superintendent to connect the premises with the city water supply, or to refuse to turn on the city water after such connection has been made.

(Code 1985, § 27-42)

118-109 Supply pipes; installation by department.

Supply pipes, including curb cocks, shall be put in only by the department, and are under the exclusive control of the department. No person other than an authorized agent or employee of the department shall construct, repair or otherwise change or interfere with such pipes in any way.

(Code 1985, § 27-43; Ord. No. 2268, § 1, 8-7-12)

118-110 Cross connections; restrictions on installation.

No cross connections to the city water system shall be made unless approved by the superintendent. Discovery of an unapproved cross connection shall be grounds for immediate discontinuance of service to the premises involved. If, upon investigation, it is determined by the superintendent that the cross connection endangers or tends to endanger the public health or safety, water service shall not be restored until all physical connections between the two water suppliers have been severed, or an approved backflow preventer installed.

(Code 1985, § 27-44)

118-111 Service pipes; installation by plumber; approval.

Service pipes shall be put in by a licensed plumber. All the fixtures and attachments put in on the premises in connection with service pipes must conform in character, design and quality to the standards of the city plumbing code, and must be approved by the plumbing inspector.

(Code 1985, § 27-45)

118-112 Laying service pipes.

Every service pipe must be laid at least 4 1/2 feet below the surface and beyond the outside line of the sidewalk, and sufficiently waving to allow no less than 12 inches extra length to prevent rupture by settlement of the earth, and so protected as to prevent bursting by freezing. No service pipe shall be laid in the same trench with a drain or sewer.

(Code 1985, § 27-46)

118-113 Stop and waste cock; installation and maintenance; meter.

(a)    In each building intended to be connected with the public water supply there shall be provided a stop and waste cock, placed as near the front basement or foundation wall as possible, but beyond the meter position and where easily accessible, in order that water may be turned on and off and drained from the pipes in case of accident or in order to make necessary repairs. Such stops must be kept in good working condition, must be thoroughly protected from freezing and must be equal in strength and quality to the curb cock or valve set by the department.

(b)    There shall be a suitable place provided on all connections for a meter, easily accessible and free from all danger or frost. No person shall place any obstruction of any kind over or around the meter that will interfere with the reading or the repair of the meter.

(Code 1985, § 27-47)

118-114 Fees for permits, inspection and installation.

Fees for permits, inspection of work, charges for original installation of all supply pipes from the City water mains to a point normally seven feet outside the property line of the premises being serviced, and all fixtures connected therewith, including stop cocks and boxes, shall be established by the department.

(Code 1985, § 27-48; Ord. No. 2268, § 1, 8-7-12)

118-115118-125 Reserved.

DIVISION 6. CROSS CONNECTIONS

118-126 Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Backflow means the flow of water or other liquid mixture or substance into the distribution pipes of a potable supply of water from an outside source.

Cross connection means a physical arrangement by which a public potable water supply is connected, directly or indirectly, with any nonpotable or unapproved water system.

Public water supply system means “City of Pontiac Water Supply System” which includes the “Facilities” as those terms are defined in the City of Pontiac Water Supply System Contract, dated April 19, 2012.

(Code 1985, § 27-6; Ord. No. 2268, § 1, 8-7-12)

Cross reference—Definitions generally, § 1-2.

118-127 Prohibited; adoption of state regulations.

(a)    No person shall make or maintain, or allow to be made or to be maintained, upon property owned by such person, a cross connection between the public water supply system and a secondary water supply system.

(b)    The city adopts, by reference, the Water Supply Cross-Connection Rules of the Michigan Department of Public Health, being R325.11401 to R325.11407, and amendments of the Michigan Administrative Code.

(Code 1985, § 27-7)

118-128 Inspections; right of entry.

(a)    It shall be the duty of the superintendent to cause inspections to be made of all properties served by the public water supply system where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspections, based upon potential health hazards involved, shall be as established by the superintendent, and as approved by the State Department of Public Health.

(b)    The superintendent shall have the right to enter, at any reasonable time, any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping system or systems thereof for cross connections. Upon request, the owner 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. If there is a refusal, the department is authorized to discontinue services upon given notice to the owner or occupants.

(Code 1985, § 27-8; Ord. No. 2254, § 1, 4-17-12; Ord. No. 2268, § 1, 8-7-12)

118-129 Discontinuance of service for violations.

The superintendent is authorized to and may direct the discontinuance of water service after giving 60 days’ written notice to any property owner and occupant wherein any connection is in violation of this division, and to take such other precautionary measures which may be deemed necessary to eliminate any danger of contamination of the public water supply system. Where it is determined that the public water supply system is being contaminated, such services may be terminated immediately. Water service to such property shall not be restored until any cross connection has been eliminated, in compliance with the provision of this article.

(Code 1985, § 27-9; Ord. No. 2254, § 1, 4-17-12; Ord. No. 2268, § 1, 8-7-12)

118-130 Protection of potable water supply.

The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination, as specified by this division and by the state and city plumbing code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as “Water Unsafe for Drinking.”

(Code 1985, § 27-10)

118-131 Division as supplementary to plumbing code.

This division shall not supersede the state plumbing code and city plumbing code, but is supplementary thereto.

(Code 1985, § 27-11)

118-132 Periodic inspection.

The following periodic inspection for cross connections and inspection of backflow prevention devices schedule, as approved by the state department of health, will be performed by a certified cross connection inspector, as certified by the state department of health.

 

User type

Frequency of inspection

Industrial

Every three months

Hospital

Every three months

Metal plating plant

Every three months

Commercial

Once each year

Multiple-dwelling house

Once each year

Testing of backflow prevention devices shall be required every two years.

(Code 1985, § 27-11.1)

118-133 Charges for inspection.

Charges for the periodic inspections authorized by this division will be established by the department and changed from time to time by the department, and when so changed, shall be published at least once in a newspaper of general circulation within the City, and no change in rates shall become effective until ten days after such publication.

(Code 1985, § 27-11.2; Ord. No. 2268, § 1, 8-7-12)

118-134118-145 Reserved.

DIVISION 7. RATES AND CHARGES

118-146 Security deposits.

The department may require such cash deposits as it may deem necessary prior to installation of meters or connection of premises to the system or otherwise as security for payment of water charges.

(Code 1985, § 27-58; Ord. No. 2268, § 1, 8-7-12)

118-147 Water rates; minimum requirements.

(a)    The rates to be charged for water service in effect in the City on the date of the adoption of this section shall remain in effect until changed by the Department from time to time pursuant to the City of Pontiac Water Supply System Contract, dated April 19, 2012.

(b)    Copies of current rate schedules shall be kept on file at the offices of the Department for public inspection and distribution.

(c)    Charges for water service to premises outside of the City shall not be less than the charges for comparable service to premises within the City.

(Code 1985, § 27-59; Ord. No. 2078, § 1, 6-18-98; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12; Ord. 2309, § 1(d), 8-12-13)

118-148 Date of bills.

All charges for water supplied at meter rates for any billing period shall be due and payable on the due date shown on the bill or on the day when the water service is discontinued for any reason.

(Code 1985, § 27-60)

118-149 Nonreceipt of bills.

The department shall attempt to render bills to its users for metered water and other sundry charges. The nonreceipt of the bill by the user covering such charges shall not excuse the failure of the user to pay such bill when due and payable.

(Code 1985, § 27-61)

118-150 Failure of meter to register; testing for accuracy.

(a)    If a meter malfunctions and fails to register, the user shall be charged, for the period of time that the meter is not registering, at the average consumption for a comparable period as shown by the meter when in order.

(b)    The accuracy of the meter on any premises shall be tested by the department upon written request of the owner, who shall pay in advance a fee to cover the cost of the test. If on such test, the meter shall be found to register over three percent more water than actually passes through it, another meter will be substituted therefor, and the fee shall be repaid to the owner of the premises. The superintendent may adjust the water bill for the current year in such manner as he may think fair and just, except any adjustment that exceeds $500.00 shall require the approval of the superintendent.

(Code 1985, § 27-62; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12)

118-151 Adjustment of charges for leaks.

Where water is supplied at meter rates, all the water registered by the meter shall be charged for. No deduction shall be made for leaks or alleged inaccuracy of the meter, except as provided in section 118-150.

(Code 1985, § 27-63)

118-152 Frequency of billing; delinquent accounts; fees.

(a)    No free service shall be furnished by the system to any person or entity. Charges for services shall be billed and collected monthly and shall be deemed delinquent if not paid pursuant to section 118-148. A late payment charge of ten percent of the balance due shall be added to all delinquent payments. If the delinquent fees, penalties and charges are not paid within 30 days of the due date, an additional one percent of the total due shall be added each month until paid or entered upon a tax roll. The greater of five percent or $20.00 will be added as a fee upon entrance on the tax roll.

(b)    Amounts for security deposits and fees for services rendered by the department shall be established by the superintendent, and may be amended from time to time by the superintendent.

(Code 1985, § 27-64; Ord. No. 2088, § 1, 1-7-99; Ord. No. 2237, § 1, 12-5-11; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12)

118-153 All payments to be received by the department.

Payment of all charges for water and services furnished by the water supply system shall be made to the department.

(Code 1985, § 27-65; Ord. No. 2268, § 1, 8-7-12)

118-154 Service charges constitute lien upon property.

Charges for water and services furnished to a premises, together with delinquency fees, shall be a lien on that premises, and those charges delinquent for six months or more may be certified biannually for entrance of the lien on a tax roll. Such charges may be collected and the lien enforced in the same manner as general City taxes against such premises. However, in a case where a tenant is responsible for payment of the charges, and the department is so notified in writing signed by both landlord and tenant, including a true copy of the lease and an affidavit that contains a notation of the expiration date of the lease, then the charges shall not become a lien after the date of the notice upon receipt of such notice, and the department shall render no further service to the premises until a cash deposit, equal to two average billings as compiled over the preceding 12 months or $100.00, whichever is greater, is made as security for payment of the charges. In such a case, if the charges become delinquent, service to the premises shall be subject to immediate shutoff and the security deposit shall be applied to the delinquency, unless 20 days’ notice was not given by the lessor of any cancellation, change in, or termination of the lease.

(Ord. No. 1990, § 1, 3-16-92; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12)

118-155 Complaints of overcharges.

Persons claiming to be overcharged may make complaint to the superintendent, whose duty it shall be to investigate the matter and make such an examination and decision in the premises as may be found necessary and in conformity with the established tariff of rates.

(Code 1985, § 27-67; Ord. No. 2260, § 1, 4-25-12; Ord. No. 2268, § 1, 8-7-12)

118-156118-165 Reserved.

DIVISION 8. WATER TURNOFFS AND REBATES

118-166 Discontinuance of water.

Where it is desired to permanently discontinue the use of city water on any premises, a request to that effect, stating the reasons therefor, must be made by the owner to the superintendent in writing. The department will then turn off the water at the curb cock. The charges for water for the premises will thereafter be abated.

(Code 1985, § 27-54)

118-167 Turnoff during temporary vacancy.

(a)    In case of the temporary vacancy of any premises, the water will be turned off at the curb cock by the department upon the request of the owner of the premises to the superintendent in writing, and will be turned on again when requested, upon a date named in such request.

(b)    Where the water is paid for at meter rates, a minimum charge for any billing period in which the vacancy occurs will be reduced in proportion to such vacancy, except as specified in this division. No rebate will be allowed for a period of less than 30 successive days in any billing period. In no case, where meters are installed, will the charge for any billing period be reduced below the minimum charge for such period.

(c)    Where metered premises are left unoccupied, with the water not turned off by the department, no rebate will be allowed for water registered by the meter that may leak or waste through the plumbing or fixtures.

(Code 1985, § 27-55)

118-168 Notice of turning off water; liability for failure.

Should it become necessary to shut off the water from any section of the City or outside of the City because of accidents or for the purpose of making repairs, the department shall endeavor to give timely notice to the consumers affected thereby, and will, so far as practical, use its best efforts to prevent inconvenience and damage arising from any such causes. Failure to give such notice shall not render the superintendent, the department, the City, its officers, agents and employees responsible or liable for damages that may result therefrom or from any other cause.

(Code 1985, § 27-56; Ord. No. 2268, § 1, 8-7-12)

118-169 Method of notice.

Whenever notice is required to be given under this division, such notice shall be given, either by personal service of a notice in writing on the person to be notified, by sending an employee of the department to the premises with a written or printed notice to be served on the person to be notified or left at the premises, or by enclosing a copy thereof in an envelope, with postage prepaid, addressed to the person to be notified at the post office or residence address of such person as the address appears on the books of the department, and mailing the notice at the post office in the City. Notice given by mail shall be conclusively deemed to have been given at the time of such mailing.

(Code 1985, § 27-57; Ord. No. 2268, § 1, 8-7-12)

118-170118-180 Reserved.

DIVISION 9. SERVICE OUTSIDE CITY LIMITS2

118-181 Contract authorization.

The superintendent is authorized to enter into a contract for the City or the County of Oakland for the sale and delivery of water to any consumer outside of the limits of the City, on terms more specifically set forth in this division.

(Code 1985, § 27-68; Ord. No. 2268, § 1, 8-7-12)

State law reference—Authority to city to contract for the sale of its water outside its boundaries, MCL 123.141 et seq., MSA 5.2581 et seq.

118-182 Rules and regulations.

Each applicant for water service outside the city limits shall be subject to all rules and regulations made either by the mayor, superintendent or the council relative to the department and shall be subject to all of the provisions of this article.

(Code 1985, § 27-69)

118-183 Annexation of water facilities.

If any property in which mains and supply pipes using City water are located becomes annexed to the City, the main and supply pipes shall become the sole property of the department without expense to it.

(Code 1985, § 27-70; Ord. No. 2268, § 1, 8-7-12)

118-184 Permit application; inspections; deposits; installation of meter.

(a)    Application for a permit for the purchase of water for consumption outside of the limits of the City shall be made upon blanks furnished by the department. The applicant must subscribe to the conditions printed thereon. The application must be accompanied by the permit fee in the amount established by the department.

(b)    Upon receipt of an application for a permit for the purchase of water for consumption outside of the City limits, the superintendent will make or cause to be made an inspection of the premises, and unless service is rejected for cause the applicant shall be required to deposit with the City a sum of money that shall, in the judgment of the superintendent, be sufficient to cover the cost of such installation, plus the cost of the meter.

(c)    The meter of consumers of City water outside the City limits shall be the property of the department, but the cost of the meter shall be advanced by the applicant and the cost shall apply on water rates of the applicant. The superintendent, after such deposit has been made, will make or cause such installation to be made and keep or cause to be kept a detailed cost of such installation, including all labor and material, and the cost to such applicant for such installation shall include the labor and material aforesaid, together with an allocation of costs of employee fringe benefits and administrative overhead and other indirect costs. If the total cost of such installation exceeds the deposit required by this section, the water will not be turned on until such deficiency is fully paid, and in no case will water be turned on while there are any sums unpaid and due the department for services rendered.

(Code 1985, § 27-71; Ord. No. 2268, § 1, 8-7-12)

118-185 Installation expenses; advance payment; consents.

(a)    Before any permits are issued under this division, water mains shall be duly and properly installed in the streets or highways of the adjoining property. Such installation shall be done under the supervision and inspection of the superintendent. The expense for the supervision and inspection and installation shall be paid in advance by the applicant.

(b)    Written consent of the proper local municipal authorities for the use of public highways in accordance with the terms of this division shall be placed on file with the clerk before the permit under this division shall be issued.

(Code 1985, § 27-72)

118-186 Approval of meters.

Meters approved by the superintendent shall be installed for the individual premises and shall be put in at the curb cock by the department at the expense and cost of the applicant as indicated in section 118-184.

(Code 1985, § 27-73)

118-187 Deposit required.

(a)    Before turning on the water into any service pipe, the applicant for City water service shall deposit a sum of money, in an amount and manner to be established by the department, as a pledge that the water rates and other expenses arising out of this article for the ensuing billing period or any subsequent billing period will be duly and promptly paid.

(b)    The department may cause the pledge required under this division to be increased or reduced at any time in order to protect the department and the City. The applicant releases and waives any right for interest on the deposit.

(Code 1985, § 27-74; Ord. No. 2268, § 1, 8-7-12)

118-188 Repairs to mains and pipes.

(a)    If a water main becomes in need of repair, it shall be repaired by the department at the expense of all the users prorated in accordance with their meter rates for the preceding quarter.

(b)    If a supply pipe becomes in need of repair, the department shall repair it. The expense for the supply pipe shall be paid by the person receiving water through the supply pipe.

(Code 1985, § 27-75)

118-189 Use or sale of city water.

(a)    No person shall take or use city water from premises other than his own.

(b)    No person shall sell or give away city water from his own premises for any purpose.

(c)    City water shall not be used for any other purposes than specified in the original application under which the supply was granted, or as may be permitted by this article. City water shall be taken and used only through supply and service pipes established by and under the supervision of the department.

(d)    In no case shall one service supply more than one lot, unless occupied by a single building or unless occupied as a single industry or enterprise.

(Code 1985, § 27-76)

118-190 New service pipes.

(a)    When new service pipes are put into any premises, the curb cocks shall be left closed, and will thereafter be opened by the department only upon the request of the owner or his agent. Such request shall be in writing. Under no circumstances shall the curb cocks be opened or closed by any person not an authorized agent or employee of the department, except that a licensed plumber may open a curb cock to test his work.

(b)    The holder of a permit to use water for building or repairing buildings or other such work or his agents shall not open or close curb cocks or otherwise interfere with the curb cocks. The owner of the property shall pay or cause to be paid the expense of such work.

(Code 1985, § 27-77)

118-191 Property occupied by several families.

(a)    When one building is occupied by two or more distinct families or when a business building is occupied by two or more persons or firms, a single charge for water will be made against the owner of the building for the whole thereof.

(b)    The failure to make payment of any part of this charge will subject the premises to the same penalties as are provided in regard to overdue charges. The payment of a part of the whole charge by a tenant shall not invalidate or modify this section.

(Code 1985, § 27-78)

118-192 Use of water for unauthorized premises or purpose.

No person shall use a service pipe to furnish water in any manner to any premises or for any purpose which such service pipe was not designed by the department to supply. In case of violation of this section, the superintendent may turn off the water from such service pipe.

(Code 1985, § 27-79)

118-193 Discontinuance of water.

When it is desired to permanently discontinue the use of city water on any premises, a request to that effect must be made by the owner to the superintendent in writing. The expense of so shutting off the water shall be paid by the owner of the property.

(Code 1985, § 27-80)

118-194 Temporary vacancy; charges.

(a)    In case of a temporary vacancy of the premises, the water will be turned off at the curb cock by the department upon the request of the owner of the premises to the superintendent in writing and will be turned on again on the date named in such request.

(b)    The minimum charge for any billing period in which the vacancy occurs will be reduced in proportion to such vacancy. No rebate will be allowed for a period of less than 30 successive days in any billing period. In no case, where meters are installed, will the charge for any billing period be reduced below the minimum charge for such period. When metered premises are left unoccupied with the meter not turned off by the department, no rebate will be allowed for water registered by the meter that may leak or waste through the plumbing or fixtures.

(c)    The expense of turning off and turning on the water shall be paid by the property owner.

(Code 1985, § 27-81)

118-195 Unpaid charges; lien upon property.

Unpaid charges for use of water and expense incurred in the installation thereof upon any property shall be a lien upon the property.

(Code 1985, § 27-82)

118-196 Faulty meters; testing; bill adjustment.

(a)    If a meter gets out of order and fails to register, the consumer will be charged for the average quarterly consumption as shown by the meter when in order.

(b)    The accuracy of any meter on the premises will be tested by the department upon written request of the owner, who shall pay in advance a fee of $5.00 to cover the test. If, on such test, the meter shall be found to register over three percent more than water actually passing through it, another meter will be substituted therefor and the fee of $5.00 will be repaid to the owner of the premises.

(c)    Where a meter is found to be inaccurate, the mayor may adjust the water bill for the current year in such manner as he may think fair and just.

(Code 1985, § 27-83)

118-197 Water for construction purposes.

No persons shall obtain water for construction or repair work where there is no meter on the premises without first making special arrangements with the superintendent.

(Code 1985, § 27-84)

118-198 Limitation on quantity of water.

The department is prohibited from furnishing water to consumers outside of the City limits whenever the quantity of water so furnished exceeds one-quarter of the total consumption inside of the corporate limits.

(Code 1985, § 27-85; Ord. No. 2268, § 1, 8-7-12)

118-199 Discontinuance of service.

(a)    The department shall have the right to shut off and discontinue the supplying of water to any and all consumers at any time they see fit so to do with or without any cause whatsoever after the giving of 30 days’ notice by leaving a copy of the notice at the place where the water is used.

(b)    The superintendent shall have the right to shut off and discontinue the supplying of water to any and all applicants in case of an emergency without any notice whatsoever, anything to the contrary notwithstanding.

(c)    In either event where water is discontinued under the authority of this section, the superintendent, the department, the City, its officials or employees shall in no way be liable whatsoever for any damage caused by such shutoff of water.

(Code 1985, § 27-86; Ord. No. 2268, § 1, 8-7-12)

118-200118-210 Reserved.

DIVISION 10. WATER USE RESTRICTIONS

118-211 Purpose; conditions warranting declaration of emergency.

(a)    It is recognized that conditions may arise as a result of a prolonged drought, or a prolonged period of heavy water demand, or as a result of damage or breakdown of an element of the water distribution system, or a combination of such factors, that could result in a water supply emergency that would negatively affect operating flows and residual water pressures in substantial portions of the water distribution system, with no apparent means immediately available to adequately maintain flows and pressures throughout the system.

(b)    If such a situation arises, it may be in the interest of public health, safety and welfare to limit the nonessential use of water, for example for lawn sprinkling, in order to the extent possible to preserve sufficient water pressure and flow for drinking and other essential domestic uses, and for fire safety, and essential industrial uses.

(c)    The purpose of this division is to provide authority for the department to declare an emergency and limit the nonessential uses of water if it should become necessary.

(Ord. No. 2051, § 1, 2-13-97; Ord. No. 2268, § 1, 8-7-12)

118-212 Temporary emergency sprinkling regulations.

(a)    Whenever the superintendent receives notification from the Detroit Water and Sewerage Department in conjunction with the Water and Radiological Protection Division of the State Department of Environmental Quality that the supply or pressure demand for water cannot be accommodated and general welfare is likely to be endangered, or conditions within the water system of the City are likely to endanger the general welfare of the City, the superintendent shall determine that a state of emergency exists and prescribe the following emergency regulations which shall apply in the City for all properties connected to the City water system:

Sprinkling of lawns and landscaping and all outdoor water use shall only be allowed for properties with even-numbered addresses on even-numbered dates within a month and for properties with odd-numbered addresses on odd-numbered dates within a month.

(b)    Whenever the superintendent receives notification from the Detroit Water and Sewerage Department in conjunction with the Drinking Water and Radiological Protection Division of the State Department of Environmental Quality that provisions in subsection (a) of this section are not sufficient, or conditions within the water system of the City are likely to endanger the general welfare of the City, the following emergency regulations shall apply in the City for all properties connected to the city water system:

Sprinkling of lawns and landscaping and all outdoor water use shall not be allowed.

(c)    The department and the Detroit Water and Sewerage Department shall, within 24 hours of notification, cause these regulations to be posted at the department office and publicly announced by means of broadcasts or telecasts by the stations with a normal operating range covering the City, and may cause such announcement to be further declared in newspapers of general circulation when feasible.

(d)    The regulations shall become effective immediately after notice of enforcement of the ordinance from which this division derived as posted at the City offices.

(e)    Upon notification from the Detroit Water and Sewerage Department in conjunction with the Drinking Water and Radiological Protection Division of the State Department of Environmental Quality that the emergency regulations are no longer necessary, the department shall cause a public announcement lifting the water restrictions.

(Ord. No. 2051, § 1, 2-13-97; Ord. No. 2268, § 1, 8-7-12)

118-213 Enforcement.

This division shall be enforced in accordance with the penalty provisions of this Code. Any police officer or other City employee designated by the superintendent as authorized to issue appearance tickets may issue and serve appearance tickets charging a violation or violations of this division.

(Ord. No. 2051, § 1, 2-13-97; Ord. No. 2268, § 1, 8-7-12)

118-214118-220 Reserved.


1

State law reference—Power of city to establish and maintain water system, MCL 117.4b, MSA 5.2075; municipal water supply systems generally, MCL 123.351 et seq., MSA 5.2534(1) et seq.


2

State law reference—Power of city to regulate water beyond city limits, MCL 117.4f, MSA 5.2079.