Chapter 13.10 SECONDARY WATER

The rates, penalty fees for delinquency in payment, connection fees, inspection fees and other charges incidental to connection and services from the secondary water system shall be fixed from time to time by resolution enacted by the city council. The city council may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for secondary water system services and all other rules necessary for the management and control of the secondary water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that from time to time hereafter be established by the city council. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-13.]

13.10.020 Special rates.

The city council may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the secondary water system under exceptional circumstances, upon such terms and conditions as the city council may deem proper. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-14.]

13.10.030 Board of equalization – Rates and rebates.

The city council is constituted as a board of equalization of secondary water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal or unjust. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-15.]

13.10.040 Use without payment prohibited.

It is unlawful for any person to utilize the secondary water system without paying therefor, as herein provided, or without authority to open any stopcock, valve or other fixture attached to the system of water supply unless it is done pursuant to proper application, agreement or resolution. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-16.]

13.10.050 Connections and extensions.

No connection shall be made to the city’s secondary water system and no extension shall be made to any installation served by the secondary water system until a permit has been issued by the city water director. The city water director shall not issue a permit until all required fees have been paid. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-17.]

13.10.060 Connections to be kept in good repair.

All secondary water systems users shall keep their service pipe connections and other apparatus in good repair and protected from frost at their own expense, but no person, except under the direction of the city water director, shall dig into the street, parking strip, sidewalk or other public property or right-of-way for the purpose of laying, removing or repairing any service pipe. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-18.]

13.10.070 Waste of water prohibited.

It shall be unlawful for any secondary water system user to waste or squander water, or to allow it to be wasted by imperfect stop-taps, valves, leaky joints or pipes or to allow tanks or watering troughs to continually flow, leak or overflow or wastefully to run water from faucets or stops or through basins, or open ended hose(s) or other apparatus, or to use the water in such a manner as to cause it to overflow into the neighboring yards, property, streets or sidewalks, or in violation of the rules and regulations set forth by resolution or ordinance for controlling the secondary water system service. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 5-21-02-2 § 1; Ord. 10-6-99-2 § 1. Code 1997 § 14-3-19.]

13.10.080 City to have unrestricted access.

The city, by its agents, shall at all reasonable hours have unrestricted access to places supplied with water from the secondary water system for the purpose of examining the apparatus to ascertain the amount of water used and the manner of its use. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-20.]

13.10.090 City not liable for damage.

The city shall not be liable for any damage to a secondary water system user by reason of stoppage or interruption of the secondary water supply caused by fires, scarcity of water, accidents to works or mains, alterations, additions, repairs or from any other cause. This section shall not be construed to extend the liability of the city beyond that provided under the Utah Governmental Immunity Act. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-21.]

13.10.100 Water not for motors.

No water shall be supplied from the pipes of the city’s secondary water system for the purposes of driving any motor, siphon, turbine or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the city council. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-22.]

13.10.110 Water shortage.

In time of shortage of water, the mayor, with concurrence of the city council, shall by proclamation limit the use of secondary water to such extent as may be necessary. The mayor shall have the authority without concurrence of the council in the case of an emergency. In this event, the proclamation shall be reviewed at the next available regular meeting of the council. It is unlawful for any person to violate any proclamation made by the mayor pursuant to this section. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-23.]

13.10.120 Connection required.

All record owners and occupants of (1) all residential properties or lots located within the corporate boundaries of Riverton City, and (2) all commercial properties, lots or sites located within the corporate boundaries of Riverton City, shall be assessed the applicable fees and charges whether they connect to the system or not. This section shall not apply to a record owner or occupant of a residential property who as of the effective date of the ordinance codified in this chapter, has not connected the residential property to the Riverton City culinary water system. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-24.]

13.10.130 Private lanes and planned unit development.

All record owners and occupants of all residential properties or lots located within the corporate boundaries of Riverton City living or owning property on private lanes shall have the responsibility of installing and maintaining all secondary water lines, valves, and stops, including but not limited to all other secondary water apparatus necessary for delivery of water down private lanes.

All secondary water lines, valves, stops, including but not limited to all other secondary water apparatus shall be furnished and installed by a competent contractor and meet all Riverton City standards at the owner’s expense. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-25.]

13.10.140 Taker only to use water.

It shall be unlawful for the owner or occupant of any property served by the secondary water system, or any user thereof, to permit any person from other premises, or any unauthorized persons, to use or obtain water regularly from his premises or his secondary water fixtures. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-26.]

13.10.150 Turning on secondary water without authority.

It shall be unlawful for any person, after the secondary water has been turned off from his premises for either nonpayment of utility charges as provided for herein or for a violation of the rules and regulations pertaining to the Riverton water and secondary water systems, to turn on or allow the water to be turned on or used without authorization from the Riverton water director. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-27.]

13.10.160 Destruction of or interference with system.

It shall be unlawful for any person to destroy, deface, damage, injure, or interfere with the operation of any part, pipe, fixture, appliance, or appurtenance of the Riverton secondary water system. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-28.]

13.10.170 Introducing substances.

It shall be unlawful for any person to place, cause to be placed, or introduce into the Riverton secondary water system or any source of water supplying said system any matter, substance, chemical or compound without authorization from the Riverton water director. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-29.]

13.10.180 Cross-connections.

It shall be unlawful for any person to connect any part of the secondary water system to any part of a culinary water system so as to create a potential cross-connection whereby irrigation water could be introduced into any system that provides culinary water. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-30.]

13.10.190 Flood irrigating from secondary system.

It shall be unlawful for any person to flood irrigate any property from the secondary water system. Water from the secondary water system used for irrigation of lawns, incidental watering of gardens, shrubs and flowers shall be applied through either sprinkler or drip system, including sprinklers attached to garden hose. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 5-21-02-2 § 1; Ord. 10-6-99-2 § 1. Code 1997 § 14-3-31.]

13.10.200 Wasting water – Termination.

Users of water from the secondary water system shall not permit water to be wasted without due efforts to conserve water. If, in the judgment of the water director or any of the officers of the city, a user of the secondary water system engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wasteful use has been given, the water director or any officer may refer the matter to the city manager. The manager may thereupon consider terminating the right of the individual to use the secondary water system. If the manager elects to consider the matter of termination, the city shall give notice to the water user of the hearing to determine the issue of termination of secondary water system. The notice shall be provided at least 10 days prior to the hearing at which termination of secondary water service is to be considered. The notice shall inform the user of the date, time and place of the meeting and of the alleged actions which led to the consideration of termination. A water user whose right to utilize secondary water is being reviewed shall have opportunity to present his reasons to the manager why his secondary water service should not be terminated. After due hearing, the manager shall arrive at a determination. If the determination is to terminate service to the secondary water user, the city shall notify the user of the decision and of the period during which the service will remain terminated. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-32.]

13.10.210 Users outside city limits.

The city may sell secondary water to users outside the city limits only if approved by resolution of the city council and at such rates and under such terms and conditions as the city council may determine by resolution. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-33.]

13.10.220 Mailing of billing statement.

The city billing department shall mail a written statement to each user or potential user of the secondary water system once each month, or at such interval as is established by the city council. The statement shall be a single statement for all culinary water and secondary water service, other charges as necessary, and shall separately specify the amount of the bill for the secondary water system. Payment of the charges for culinary water service shall be accepted only when the charge for secondary water service is paid at the same time, to the extent allowed by Utah law. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-34.]

13.10.230 Failure to pay for service – Termination.

In case the owner of any of the premises mentioned in RCC 13.10.120, or the tenant or occupant, shall fail to pay the required fees and charges applicable to the secondary water system, or violates any provision of the chapter, the city, pursuant to the procedure as set forth in this chapter, may cause the culinary water and secondary water to be shut off from such premises, and the city shall not be required to turn the same on again until all arrears, reconnection fees, and other fees shall be paid in full, to the extent allowed by law. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-35.]

13.10.240 Termination – Notice.

At least 10 calendar days prior to a proposed termination of all water or secondary water service, the city billing department shall give written notice of proposed termination for nonpayment to the account holder. The 10-day time period shall be computed from the date such notice is deposited in the mail or the date of actual delivery, whichever occurs first. The notice shall be given by first-class mail or delivery to the premises and shall contain a summary of the following information:

(1) The date of the proposed termination;

(2) The amount of delinquency;

(3) A description of the account holder’s appeal rights. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-36.]

13.10.250 Termination – Appeal.

Any person whose water or secondary water service is to be terminated may appeal to the city council by filing a written appeal in the office of the city manager within 10 days of the effective date of the notice of proposed termination. Any appeal shall be solely for the purpose of reviewing the interpretation given the terms of this chapter by the city billing department, and not to vary the terms in any way. Such appeal shall be considered by the city council within 30 days of receipt of notice. The person filling the appeal shall be provided with not less than five calendar days prior to notice of the appeal date, time and location of the hearing before the city council, and shall be provided with an opportunity to be heard by the city council. The notice shall be delivered pursuant to the procedure as described in RCC 13.10.240. Upon the filling of the appeal, the city billing department shall take no further action with regard to the termination until the city council makes a final decision on the appeal. If the city council affirms the decision of the city billing department, the services may be shut off immediately. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-37.]

13.10.260 Termination without notice.

Notwithstanding any provision or agreement to the contrary, the city may terminate water and/or secondary water services without notice where, in the city’s judgment, a clear emergency or serious health or safety hazard exists, for so long as such conditions exist, or where there is unauthorized use of or connection to the city water or secondary water system. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-38.]

13.10.270 Non-owner applicants – Agreement of owner.

Applications for secondary water system service made by persons other than the owner of the property to which the service is to be provided must in addition to the above requirements be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in the form provided by the city. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-39.]

13.10.280 Separate connections.

It is unlawful for separate described parcels (pursuant to the records of the Salt Lake County recorder) to be supplied from the same city-maintained service valve unless special permission for such combination usage has been granted by the city council and the premises served are all owned by the same owner. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-40.]

13.10.290 Shut-off valves.

Persons connecting to the secondary water system shall be required to provide and install a valve independent of the city’s shut-off valve with which they may control their secondary water service to their premises. At no time will a person be allowed to tamper with or operate the city’s shut-off valve unless acting under the direction of the water director. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-41.]

13.10.300 Water meters.

Water meters shall be installed with all new construction projects and developments at each secondary water connection to monitor water use of the city secondary water system. Meters shall be installed in accordance to city standards following the procedures described below:

(1) Except as otherwise expressly permitted by this chapter, all new structures, dwelling units, establishments and persons using water from the city secondary water system must have such number of water meters connected to their secondary water system as are necessary in the judgment of the engineer to adequately measure secondary water use by respective users.

(2) Meters will be furnished by the city upon application for a connection, and upon payment of such connection fees and other costs as may be established by the city council from time to time by resolution.

(3) Meters shall be deemed to be and remain the property of the city. Whenever a dispute between the engineer and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the city council after due notice in writing to the parties involved.

(4) The engineer shall cause meter readings to be taken regularly and shall advise the billing department thereof for the purpose of recording the necessary secondary water use.

(5) Meters may be checked, inspected or adjusted at the discretion of the city, and they shall not be adjusted or tampered with by the customer. Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the city.

(6) All damages or injury to the lines, meters or other materials of the city on or near the customer’s premises caused by any act or neglect of the customer shall in the discretion of the city be repaired by and at the expense of the customer. The customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the city through its efforts to repair the damage to the lines, meters or other equipment.

(7) The owners of residential and commercial establishments within the city of Riverton shall have the responsibility to see that the exterior of the water meter is properly cared for and maintained. They are responsible to make sure that secondary water meters are not buried, covered with weeds or hidden. They are to provide access to the water meters for the meter readers employed by the city of Riverton. Violations of this subsection shall be punishable as an infraction and may be subject to citations. [Ord. 15-04; Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-42.]

13.10.310 Extension of secondary water mains within city limits.

Any person or persons, including any subdivider, who is required to have the secondary water mains extended within the city shall do so at their own expense in accordance with the Riverton City standards and specifications. This section shall apply to any relocation or other improvement to service connections in accordance with the Riverton City standards and specifications. Any such extension shall be deemed the property of the city upon inspection and acceptance by the city. [Amended during 2011 recodification; Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-43.]

13.10.320 Schedule of use.

(1) The water director or city council may schedule the use of the secondary water, in the event it is determined that the use needs to be scheduled in order to meet the demands of the system.

(2) Sprinkler irrigation of public and private landscapes is prohibited between the hours of 10:00 a.m. and 6:00 p.m. The provisions of this section shall apply to all landscapes within the city with the following exceptions:

(a) New lawns or other sensitive landscaping that requires frequent irrigation for establishment purposes within 90 days of planting.

(b) Short cycles required for testing, inspecting and maintaining irrigation systems.

(c) Where pressure problems exist in the water infrastructure requiring an alternate watering time as approved by the department.

(3) Any person who continues to violate this schedule after written notice may be subject to an infraction. [Ord. 20-04 § 1 (Exh. A); Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-44.]

13.10.330 Building permit.

As to each property which is required to be connected to the secondary water system pursuant to RCC 13.10.120, no building permit shall be issued for construction on said property, unless and until the building permit applicant shall first connect the property to the secondary water system, and provide adequate assurances of connection, in a form acceptable to the city, including the payment of all applicable fees and costs. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-45.]

13.10.340 Penalties.

(1) Any firm, corporation, person or persons, or any action on behalf of any person, persons, firm or corporation, violating any of the provisions of this chapter shall be guilty of a class B misdemeanor.

(2) Each person, persons, firm or corporation found guilty of a violation of any provision of this chapter shall be deemed guilty of a separate offense for every day during which any violation of any provision of this chapter is committed, continued, or permitted by such person, persons, firm or corporation, and shall be punishable as provided in this chapter. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 10-6-99-2 § 1. Code 1997 § 14-3-46.]

13.10.350 Secondary water connection inspection.

It shall be unlawful for any person or persons to make a connection to, or alter a secondary water system connected to, a lawn sprinkler irrigation system, without an approval and inspection by the Riverton City water director or his designated agent. Each connection of the secondary water system shall be inspected for cross-connections. Only Riverton City water department approved connection options are permitted.

(1) Option 1. A dual culinary and secondary connection shall have a reduced pressure backflow assembly (RPZ) installed, with the airgap distance 12 inches above grade, to prevent a cross-connection and a swing joint installed that both systems cannot be on at the same time, to prevent an interconnection. The backflow assembly shall be tested upon installation and at least annually thereafter as per the plumbing code.

(2) Option 2. A secondary only connection, to lawn irrigation systems, shall have the stop and waste valve removed. If it is inside, then the stop and the waste valve shall be removed with the piping going through the wall cut to the wall and the outside piping capped. No secondary water is permitted inside a building. [Ord. 7-19-05-1 § 1 (Exh. A); Ord. 5-21-02-2 § 2. Code 1997 § 14-3-47.]

13.10.360 Backflow assembly test report forms.

Backflow assembly test report forms shall be submitted to the Riverton City water department within 10 days of completion. [Ord. 7-19-05-1 § 1 (Exh. A). Code 1997 § 14-3-48.]