Chapter 14.01
HOMER PUBLIC UTILITY SYSTEMS – GENERAL PROVISIONS

Sections:

14.01.010    Water and sewer service area.

14.01.020    City Manager rulemaking authority.

14.01.030    Immunity for discretionary acts.

14.01.040    Violation – Penalty.

14.01.045    Violation – Right of appeal.

14.01.050    Utility permits – Appeal procedure.

14.01.060    Utility permit appeals – Superior Court.

14.01.070    Bond or cash deposit.

14.01.080    State contractor required.

14.01.090    Water and sewer rate schedule and second water meter usage.

14.01.010 Water and sewer service area.

No water or sewer service shall be provided beyond the boundaries of the City of Homer except as otherwise provided in this title or upon approval granted by City Council via ordinance. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.020 City Manager rulemaking authority.

a. The City Manager has authority to make administrative rules and regulations for the administration of City water and sewer services and construction, repair, operations, and maintenance of City water and sewer systems. Except as otherwise provided in this title, City Council shall approve via resolution all administrative rules and regulations or amendments to rules and regulations authorized under this title.

b. All administrative rules and regulations approved by Council shall be available for public inspection at the City Clerk’s office, the Public Works Department, and on the City’s website.

c. No person shall fail to comply with any administrative rule or regulation authorized under this title and approved by Council. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.030 Immunity for discretionary acts.

a. An action for damages may not be brought against the City, or any of its agents, officers, contractors or employees, for a claim based on the exercise, failure to exercise or abuse of any discretionary function or duty granted in or performed under this title.

b. Immunity under this section includes, but is not limited to, the exercise of discretion to restrict, interrupt, decrease, or terminate the sale of water to bulk water customers, resellers, or others for export or consumption outside the certificated service area or the discontinuance of water or sewer services.

c. Nothing in this section shall be construed to limit any defenses or immunities available under AS 09.65.070 or any other provision of law. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.040 Violation – Penalty.

a. Except as otherwise provided in this title, the penalty for violating a provision of this title is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040 or otherwise provided in this title, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010.

b. The City shall provide notice of a violation of this title via certified return receipt U.S. mail to the operator, agent or property owner perpetrating or permitting the perpetration of a violation of this title. The notice shall include the name of the property owner, the location of the violation, the code provisions violated, and the action necessary to correct the violation.

c. Before assessing penalties under this title, the City shall provide written notice of the penalties to the property owner, operator or agent perpetrating the violation via certified return receipt U.S. mail and shall deliver the notice of penalties to the property owner, operator or agent in person. If the City is unable to deliver the notice despite efforts to do so at the owner’s, operator’s or agent’s last known address, the City shall post the notice on the City website or in a newspaper of general circulation within the City for 10 days before assessing penalties. This notice shall include all the information required in subsection (b) of this section, the date from which penalties incur, and notice of the right to appeal to the City Manager. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.045 Violation – Right of appeal.

a. The finding of a violation and assessment of a penalty may be appealed within 30 days from the date the notice of penalty was postmarked.

b. Untimely appeals shall not be accepted. A notice of appeal must be filed in writing with the City Clerk and be accompanied by the appeal fee set forth in the Homer fee schedule. The notice must contain:

1. Name and address of the owner of the property, operator or agent issued the citation;

2. A copy of the notice being appealed; and

3. A statement of the grounds for appeal that must include detailed and specific allegations of error and references to applicable provisions of the code or other law.

c. The City Manager may appoint a hearing officer or City official to act as the decision-maker in an appeal under this section. The Public Works Director may not be appointed as a hearing officer under this subsection.

d. An appeal before the City Manager or his or her designee shall be heard within 30 days from the day the appeal is filed. The person against whom the violation is assessed shall be given an opportunity to be heard at a public hearing and shall have an opportunity to make an oral argument and present evidence.

e. The City Manager shall issue a final written decision with his or her findings no more than 30 days after the hearing. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.050 Utility permits – Appeal procedure.

a. Any person who is dissatisfied with the approval or denial of a permit under this title may appeal the decision to the City Manager no more than 30 days after the Public Works Director approves or denies the permit.

b. An appeal to the City Manager must be filed within 30 days of the written approval or denial of a permit under this chapter. Untimely appeals shall not be accepted. A notice of appeal must be filed in writing with the City Clerk and be accompanied by the appeal fee set forth in the Homer fee schedule. The notice must contain:

1. Name and address of the permit applicant;

2. A copy of the order or decision being appealed; and

3. A statement of appeal.

c. The statement of appeal must include detailed and specific allegations of error and references to applicable provisions of the code or other law.

d. The City Manager may appoint a hearing officer or City official to act as the decision-maker in an appeal under this section. The Public Works Director may not be appointed as a hearing officer under this subsection.

e. An appeal before the City Manager or his or her designee shall be heard within 30 days from the day the appeal is filed. The permit applicant shall be given an opportunity to be heard at a public hearing and shall have an opportunity to make an oral argument and present evidence.

f. The City Manager or his or her designee shall issue a final written decision with his or her findings no more than 30 days after the hearing. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.060 Utility permit appeals – Superior Court.

A final decision of the City Manager or his or her designee may be appealed to the Superior Court no later than 30 days following the date the decision of the hearing officer is issued. An appeal to the court must be filed according to the applicable court rules. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.070 Bond or cash deposit.

a. Every person, firm or corporate entity carrying on the business of construction and connecting to City sewer and/or water within the City may be required to deposit a bond or cash deposit in favor of the City in an amount and under such conditions deemed appropriate by the City Manager or his or her designee to cover damages of any kind resulting from that person’s, firm’s or entity’s operations. All such sewer or water construction and connections shall be completed in a good and workmanlike manner in accordance with the specifications required by the City. The bond or cash deposit shall be further conditioned that the principal shall repair any damage done to the public sewer or water system on account of such work and shall return the surface of the ground, street, road, building, facility, right-of-way or easement to its original condition insofar as possible and in accordance with the requirements of the City.

b. Every person, firm or corporate entity carrying on the business of construction and connecting to City sewer and/or water within the City must be approved in writing by the Public Works Director. The Public Works Director shall approve a person, firm or corporate entity under this section so long as he, she or it:

1. Meets all State and local licensing requirements;

2. Provides a statement demonstrating experience in substantially similar or the same construction projects; and

3. Carries liability insurance in the aggregate amount of not less than $500,000 or as may be additionally required in an amount in excess of $500,000 as may be deemed necessary for the work by the Public Works Director or their designee to cover the insurance requirement of the work. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.080 State contractor required.

A contractor working for the City on a water or sewer project or conducting construction within a public easement or right-of-way shall file a copy of their current State contractor’s certificate with the City Clerk’s office. [Ord. 19-23(S-2)(A) § 4, 2019].

14.01.090 Water and sewer rate schedule and second water meter usage.

a. The City Council shall adopt, renew, review and amend, as necessary, a water and sewer rate schedule annually via resolution. Copies of the rate schedule shall be available at the Public Works Department. The schedule may also be available on the City’s website.

b. The City will allow, upon approval of a written application and payment of the fee established by City Council, a second water usage meter to measure the flow of City water that is not discharged to the sanitary system. This second meter will be read monthly during the summer and sewer charges will be credited monthly. The meter may not be subject to read during the fall and winter months. Any charges accrued during that period will be reflected the first billing cycle the meter is read. [Ord. 19-23(S-2)(A) § 4, 2019].