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 No. 2309, § 1(a), adopted August 12, 2013, repealed § 118-25, which pertained to adjustment of water rates and derived from Ord.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:

2012 City of Pontiac Water Supply System Contract means the City of Pontiac Water Supply System Contract entered into April 19, 2012, between Oakland County (by and through its Water Resources Commissioner, acting as the County Agency) and the City of Pontiac.

Approved means the approval of the Department.

As amended means as amended from time to time.

ASSE means the American Society of Sanitary Engineering or its successors.

Backflow means water of questionable quality, wastes, pollutants, or other contaminants entering a public water supply system due to a reversal of flow, as determined by the Department.

City means the City of Pontiac, Oakland County, Michigan.

City water means water supplied by the City water supply system.

City water supply system means the “City of Pontiac Water Supply System” and the “City of Pontiac Water Supply System Facilities” as those terms are defined, described, and specified in the 2012 City of Pontiac Water Supply System Contract, as the City water supply system now exists or is hereafter added to, extended, or improved.

Corporation cock means the buried valve directly attached to the main. The corporation cock is owned by the Department.

County means the County of Oakland, Michigan.

Cross connection means a temporary or permanent connection or arrangement of piping or other conveyance, appurtenances, or means through which a backflow could occur.

Curb box (also referred to as “stop box”) means the box or metal housing placed over the curb stop to enclose, protect, and allow ready access to the curb stop by the department. The curb box is owned by the Department.

Curb stop means a valve typically located on the supply pipe for the purpose of enabling the Department to turn on the supply of water to a premises. The curb stop is owned by the Department. A curb stop is sometimes also referred to as a “curb cock.”

Department means the Oakland County Water Resources Commissioner, acting on behalf of the County of Oakland, Michigan, as the County Agency for the City water supply system as provided by the 2012 City of Pontiac Water Supply System Contract, and includes the Water Resources Commissioner’s designated agents and authorized representatives.

Main means any pipes other than supply pipes and service pipes used by the City water supply system for conveying or distributing City water.

Meter rates means the rates or prices to be charged for City water based upon the size of the meter.

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

Owner means any person owning property or premises supplied or prospectively to be supplied with City water and includes the owner’s authorized agents (sometimes also referred to as the property owner).

Premises means a lot, tract, parcel, or plot of land; or a building, structure, facility, or installation, or any part thereof (including, but not limited to, a single dwelling or apartment, or a single room or building occupied for business or other purposes by one person or entity, together with any outbuildings and the land connected therewith).

Secondary water supply means a water supply system maintained in addition to a public water supply including, but not limited to, water systems from ground or surface sources not meeting the requirements of Act No. 399 of the Public Acts of 1976, being Sections 325.1001 to 325.1023 of the Michigan Compiled Laws, as amended, or water from a public water supply which in any way has been treated, processed, or exposed to any possible contaminant or stored in other than an approved storage facility. A private water storage tank supplied from a public water supply system shall be deemed a secondary water supply unless the tank is designated as, and is approved for, potable water storage and usage.

Service pipe means the pipe extending from the curb stop into privately owned land for supplying the premises with City water. The service pipe is owned by the owner of the premises being served.

Submerged inlet means a water pipe or extension thereto from a public water supply terminating in a tank, vessel, fixture, or appliance which may contain water of questionable quality, waste, or other contaminant and which is unprotected against backflow.

Supply pipe means a pipe tapped into the water main and extending from the main to and including the curb stop or valve. The supply pipe and the curb stop or valve are owned by the Department.

Water of questionable quality means and includes, but is not limited to, any of the following, as determined by the Department: Any water that is currently not subject to the public water supply system’s control or water from a pipe, conveyance, tank, vessel, fixture, or appliance not subject to the Department’s control; any water that the Department has reason to believe may contain waste, pollutants, or other contaminants; or any other water that the Department believes may create a hazard to the City water supply system or may otherwise adversely affect the public health, safety and welfare.

Water service means the water provided by the City water supply system to any property or premises.

(Ord. No. 2387, § 2, 9-28-21)

Cross reference—Definitions generally, § 1-2.

118-27 Supervision of City water supply system.

The City water supply system shall be supervised and managed exclusively by the Department. The operation, maintenance and management of the system shall be under the immediate supervision and control of the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-28 Department’s duties.

The Department’s duties shall include, but shall not be limited to, supervision of the booster pumping stations, grounds, mains, extensions, wells, tanks, supply pipes, and other sources of water supply, administration of the cross connection control program, and such other duties as provided by this article or other applicable laws and regulations.

(Ord. No. 2387, § 2, 9-28-21)

118-29 Rules and regulations.

The Department is authorized on behalf of the City to develop, administer, and enforce any rules and regulations as determined necessary by the Department for the management and control of the City water supply system, consistent with other applicable laws and regulations. The rules and regulations may govern matters, such as, but not limited to, the type and quality of materials and accessories to be used for connection to the system, construction methods for connection to the system, and other operations and maintenance matters pertaining to the system. Such rules and regulations, as developed by the Department from time to time, shall be complied with and any violation of the rules and regulations shall be deemed a violation of this article. A copy of the rules and regulations shall be kept at the Department office and shall be available for public inspection during normal business hours.

(Ord. No. 2387, § 2, 9-28-21)

118-30 Construction or alterations; plans.

(a)    If any construction, alterations, or attachments are proposed to be connected with the City water supply system, the property owner shall submit plans and specifications for the proposed changes to the Department for the Department’s inspection and approval or disapproval prior to making any connection. The Department shall determine whether the proposed changes may be connected and the terms and conditions under which their connection and use will be allowed.

(b)    Each service connection to the water system must be made to a water main that parallels the entire length of the street frontage of the property to be served or is located in an easement that directly abuts and parallels the entire length of the property to be served. A property owner may be permitted to temporarily connect into a water main that does not parallel the entire frontage of a street abutting the owner’s property or is not located in an easement that directly abuts and parallels the entire length of the owner’s property, subject to all of the following conditions:

(1)    If there is an existing well on the subject property, that the temporary connection is necessary due to the failure of the well;

(2)    That the installation of a residential well, in accordance with applicable laws and ordinances, will not provide a potable water supply on the property;

(3)    That there is no other reasonable alternative; and

(4)    That the property cannot be lawfully used or occupied without a temporary connection under this section.

(Ord. No. 2387, § 2, 9-28-21)

118-31 Prohibited uses of water.

(a)    No person shall take or use City water from premises other than the person’s own premises without the Department’s prior authorization.

(b)    No person shall sell or give away water supplied by the City water supply system to the person’s own premises for any purpose.

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

(Ord. No. 2387, § 2, 9-28-21)

118-32. Unauthorized water connections; supply by single service pipe to more than one lot prohibited.

(a)    City water shall be taken and used only through supply and service pipes established by or under the supervision of the Department.

(b)    In no case shall one service pipe supply water to more than one lot, unless the additional lots are occupied by only a single building or unless occupied by only a single industry or enterprise, as determined by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-33 Unauthorized turn on of water.

(a)    No person shall turn on water service without the Department’s prior written authorization. Further, if the water has been shut off by the Department for any reason, no person shall turn it on again without the Department’s prior authorization.

(b)    If this section is violated, the water may be shut off at the corporation cock at the main or curb stop. In such case the owner shall, before it is again turned on, pay all costs associated with the shutoff or disconnection and subsequent reconnection prior to restoring service. In addition, the owner shall pay all other delinquent charges on the account.

(Ord. No. 2387, § 2, 9-28-21)

118-34 Contamination of water supply prohibited.

No person shall do any act, permit any act to be done, or fail or neglect to take any action, which may, or may tend to, contaminate or pollute the City water supply system, as determined by the Department. Violation of this section may result in the water being shut off or disconnected by the Department at the property owner’s expense.

(Ord. No. 2387, § 2, 9-28-21)

118-35 Waste of water prohibited.

Excessive or unnecessary use or waste of water by any person, whether intentional, or whether caused by carelessness or by defective or leaky plumbing or fixtures, is strictly prohibited, even if the service is metered. For disregard of or repeated violation of this section, the water may be shut off or disconnected by the Department at the property owner’s expense.

(Ord. No. 2387, § 2, 9-28-21)

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 authorized agents or employees of the Department are forbidden to disturb, tap, change, obstruct access to, or interfere with the water mains in any way.

(Ord. No. 2387, § 2, 9-28-21)

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 the Fire Department 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 or the Fire Department at the expense of the person responsible for the obstruction.

(Ord. No. 2387, § 2, 9-28-21)

118-38 Fire suppression connections; prohibited use; testing; backflow prevention detector assembly.

(a)    If connections are provided for fire suppression 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.

(b)    All fire suppression systems supplied with City water shall be equipped with an ASSE approved backflow prevention detector assembly of a size and quality as required by the Department. Existing fire suppression systems not equipped with an ASSE approved backflow prevention detector assembly shall be so equipped within six months following the effective date of this section. If an ASSE approved backflow prevention detector assembly is not installed within this prescribed period, the water supply to the fire suppression system shall be shut off and shall not be turned back on until the proper backflow prevention detector assembly has been provided. The expense of turning off and turning on the water shall be paid by the owner.

(Ord. No. 2387, § 2, 9-28-21)

118-39 Curb stops; opening and closing.

(a)    When new service pipes are put into any premises, the curb stop shall be left closed, and shall thereafter be opened by the Department only upon the request of the owner or the owner’s agent and at the property owner’s expense.

(b)    It shall be a violation of this article for curb stops to 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 stop to test the work as provided in section 118-43.

(c)    No person (including the person’s agents or employees) with a permit to use water for constructing or repairing buildings or other similar work shall open or close curb stops, or otherwise interfere with the curb stop except with prior authorization of the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-40 Obstruction of or interference with curb stops, valves, or fixtures.

No person shall obstruct or interfere in any way with any curb stop, curb box, valve, or fixture that is part of or connected with the City water supply system, including, but not limited to, obstruction or interference by placing (or allowing the placement) in, on, or about it any building materials, rubbish, soil, snow, or any other objects or substances that hinder free and easy access by the Department to the curb stop, curb box, valve, or fixture.

(Ord. No. 2387, § 2, 9-28-21)

118-41 Use of service pipes; separate premises.

(a)    No person shall use a service pipe to supply water in any manner to any premises or for any purpose that the service pipe was not intended by the Department to serve or supply. If this section is violated, the Department may shut off the water from the service pipe or disconnect the water service at the property owner’s expense.

(b)    There shall be only one billing account per tap. If one building is occupied by two or more distinct families, or if a commercial building is occupied by two or more firms or persons, a single charge for water shall be made against the owner of the building for the whole building if it is served by one supply pipe. Default in the payment of any part of this charge shall 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 or any other person shall not invalidate or modify this section.

(c)    If one building is occupied by two or more distinct families, or if a commercial building is occupied by two or more firms or persons, the property owner may apply for additional taps to supply part of the whole building. Separate billing accounts can be established for each tap.

(Ord. No. 2387, § 2, 9-28-21)

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

(a)    If any owner refuses or neglects to make any repairs or replacements on any portion of the service pipe that the owner is required to maintain, within a reasonable time under the particular circumstances but in no case exceeding 14 days after the owner has received notice from the Department, then the Department may shut off the water to the 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 made by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-43 Interference with supply pipes, mains, or curb stops.

No person shall tap, repair, change, or otherwise disturb the water supply pipes, mains, or curb stops, nor change, repair, or in any way interfere with supply pipes, mains, or curb stops, except that licensed plumbers may use the curb stop for the purpose of testing their plumbing work. If used by a licensed plumber to test the work, the curb stop shall be left in the same condition and position as the plumber found it prior to the test.

(Ord. No. 2387, § 2, 9-28-21)

118-44 Subdivided building; separate pipes.

If 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 shall be connected to the main by separate service pipes with accompanying curb stop. Each separate service pipe will be metered in accordance with division 4 of this article. If this section is violated, the Department may shut off the water from such service pipe at the property owner’s expense.

(Ord. No. 2387, § 2, 9-28-21)

118-45 Protection of pipes from freezing.

Service pipes and/or meters likely to be exposed to freezing temperatures shall be effectively protected by the property owner from freezing in a manner determined sufficient by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-46 Special permits for water usage in construction or other special use.

(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 Department upon the form provided by the Department for that purpose. 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 appropriate blank space provided on the form. 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 Department, 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 Department 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 be used for the proposed purpose shall immediately be shut off and shall 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 Department is paid for the water for the additional work, together with a fee as set by the Department. The expense of turning off and turning on the water shall be paid by the owner.

(Ord. No. 2387, § 2, 9-28-21)

118-47 Discontinuance of service.

(a)    The Department shall have the right to shut off and discontinue the supplying of water to any and all owners, occupants, property, or premises for any violation of any requirement of this article after giving 30 days’ notice by leaving a copy of the notice at the place where the water is used.

(b)    The Department shall have the right to immediately shut off and discontinue the supplying of water to any owner, occupant, property, or premises in case of an emergency without any notice whatsoever.

(c)    If water is discontinued under the authority of either subsection (a) or (b) of this section, or as otherwise authorized by this article, neither the Department, the county, the City, nor their officials or employees shall be liable in any way whatsoever for any damage caused by such the discontinuance of water.

(Ord. No. 2387, § 2, 9-28-21)

118-48 Relation to plumbing codes; resolution of conflicts or inconsistencies.

(a)    This article and the rules and regulations established by the Department hereunder shall not supersede the state or City plumbing codes, but is supplementary thereto; provided, however, that if there is any conflict or inconsistency between the standards, requirements, or procedures provided by this article and the Department’s rules and regulations and the standards, requirements, or procedures provided by the state or City plumbing codes, the standards, requirements, and procedures of this article and the Department’s rules and regulations shall control.

(b)    If there is a question or ambiguity regarding whether there is a conflict or inconsistency between the provisions of this article or the Department’s rules and regulations and the provisions of the state or City plumbing codes, the question or ambiguity shall be resolved by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-49 Connection requirement.

(a)    All premises within the City used or occupied for residential, commercial or industrial purposes shall be connected to the City water system, and the owners and occupants of all such premises are required to maintain such connections in accordance with the provisions of this article.

(b)    If a premises is not connected to the City water system, then the property shall connect to the system upon the occurrence of any one of the following events:

(1)    The sale of the premises;

(2)    New construction on the premises;

(3)    The failure of a private well supplying water to the premises, as determined by the Oakland County Health Department;

(4)    The modification of an existing structure of more than one room on the at-grade floor;

(5)    Any building greater than 600 square feet on the at-grade floor; or

(6)    Any development or site construction requiring site plan approval from the City Planning Commission or as directed by the City Manager, Building Official or Engineer.

(c)    This section shall not apply to the following:

(1)    To any premises where the nearest part of the parcel is more than 100 feet from a City water main.

(2)    To any premises that is connected to a well solely for irrigation purposes.

(Ord. No. 2387, § 2, 9-28-21)

118-50 Right to enter premises.

By connecting premises to the water or sewer system, the owner thereof irrevocably grants to the Department or its agents the right to enter at all reasonable times onto or in the premises for the purposes of reading meters or installation, inspection, repair, and maintenance of sewer or water supply and water use facilities on the premises.

(Ord. No. 2387, § 2, 9-28-21)

118-51118-60 Reserved.

DIVISION 2. PLUMBERS

118-61 License required.

No person who is not an authorized agent or employee of the Department shall do any plumbing work in connection with the City water supply system or make any attachments, connections, alterations, or repairs to any service pipes, fixtures, or plumbing work connected therewith, unless the person has been duly licensed to do such work by all appropriate licensing entities.

(Ord. No. 2387, § 2, 9-28-21)

118-62 Workmanlike performance required.

Licensed plumbers engaging in work connected with any aspect of the City water supply system shall do all work properly and in conformance with acceptable industry standards of work quality. All parts, attachments, and fixtures supplied or used by plumbers shall be of a kind and quality approved by the plumbing inspector.

(Ord. No. 2387, § 2, 9-28-21)

118-63118-75 Reserved.

DIVISION 3. INSPECTIONS IN GENERAL

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, backflow devices, meters or attachments used in connection with the City water supply system may be provided with a badge or such other credentials as the Department may deem proper to identify them as authorized agents of the Department.

(b)    Except in the case of an emergency, no inspector, foreman, employee, or agent of the Department shall be entitled to enter upon any private premises unless the inspector, foreman, employee, or agent carries and exhibits the badge or credentials provided under this section.

(Ord. No. 2387, § 2, 9-28-21)

118-77 Access to premises; refusal; discontinuance of service.

(a)    Any person that is supplied or whose property or premises is supplied with water by the City water supply system shall be deemed to have accepted and agreed, as a condition to service, to full and timely compliance with the provisions of this article and other applicable laws and regulations, including, but not limited to, the authority of all authorized agents or employees of the Department to have access to the property or premises as provided by and for the purposes stated by this article.

(b)    Upon the presentation of the badge or other credentials provided for in section 118-76, any authorized agent or employee of the Department shall have free and unencumbered 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, and for the purposes of making repairs or installing or removing any or all appurtenances used to render service to the premises.

(c)    It shall be a violation of this division for any person to refuse to admit an authorized agent or employee of the Department to any premises for the purpose of inspection and examination of the water supply or plumbing system thereof or to make repairs or install or remove any appurtenances used to render service to the premises as determined necessary by the Department. If any authorized person is refused admittance to any premises, or once admitted, is hindered or prevented in making such inspection, examination, repairs, installation, or removal, the Department may shut off the water to the premises. Water service shall not be restored to the premises until the inspection, examination, repair, installation, and/or removal is allowed to be completed. The expense of turning off and turning on the water shall be paid by the owner.

(Ord. No. 2387, § 2, 9-28-21)

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.

(Ord. No. 2387, § 2, 9-28-21)

118-79118-90 Reserved.

DIVISION 4. METERS

118-91 Meters required.

(a)    All premises using water shall be metered, except as otherwise provided by this article and approved by the Department.

(b)    Each service connection shall be individually metered unless otherwise approved by the Department.

(c)    Each meter shall have a separate service line and shut-off valve.

(Ord. No. 2387, § 2, 9-28-21)

118-92 Installation by Department.

(a)    The Department may at any time install a water meter, or require a meter to be installed, and charge appropriate meter rates.

(b)    Water meters shall be set in an accessible location and in a manner satisfactory to the Department. Where the premises contain no basement or other place suitable for meter installation, the meter shall be installed outside in a meter pit or box, the location of which shall be approved by the Department. Where it is necessary to set the meter in a pit or box, such pit or box shall be built at the expense of the property owner as directed by the Department.

(c)    All meters shall be otherwise installed in compliance with all Department standards and regulations.

(Ord. No. 2387, § 2, 9-28-21)

118-93 Ownership, control, and maintenance of meters.

(a)    All water meters required to be installed by the Department shall be acquired from the Department.

(b)    All required meters shall be maintained by the Department and shall remain the property of, and at all times be under the ownership and control of, the Department; provided, that the plumbing and valves associated with water meters shall be the responsibility of the property owner.

(Ord. No. 2387, § 2, 9-28-21)

118-94 Meters to be sealed; injury, tampering, relocating, disconnection, interference, etc. prohibited.

(a)    All meters and valves on meter bypasses shall be sealed by the Department. No person except an authorized agent or employee of the Department shall break, injure, or tamper with such seals.

(b)    No person other than an authorized agent or employee of the Department or a licensed plumber shall change the location of, alter, disconnect, remove, or interfere in any way with any meter.

(c)    The Department is authorized to shut off water service to any premises without notice if the Department determines that a meter’s seal has been broken, injured, or tampered with; or that a meter has been relocated, altered, disconnected, removed, or interfered with, as prohibited by this article. If the water is shut off as provided by this section, it shall not be turned on until the noncompliance with the applicable requirements of this article have been corrected to the Department’s satisfaction. The expense of turning off and turning on the water shall be paid by the property owner.

(Ord. No. 2387, § 2, 9-28-21)

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

(a)    Any damage which a meter may sustain resulting from carelessness of the owner, agent, or tenant, or from neglect of any of them to properly secure and protect the meter, as well as any damage which may be caused by frost, hot water, or steam backing from a boiler, and/or any intentional damage to a meter, shall be paid by the property owner to the Department on presentation of a bill therefor. If the bill is not fully and timely paid, the water may be shut off and not be turned on until all charges have been paid to the Department. The expense of turning off and turning on the water shall be paid by the property owner.

(b)    The owner of any premises where a meter is installed shall 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 by telephone to the Department office.

(c)    There shall be a suitable place provided on all connections for a meter, easily accessible and free from all danger of 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.

(Ord. No. 2387, § 2, 9-28-21)

118-96 Access to inspect, replace, or test.

(a)    The Department shall be provided access to any premises as determined necessary by the Department to inspect, replace, or test a meter. Such access shall be provided without prior notice during normal working hours or at any time in an emergency situation.

(b)    The Department is authorized to terminate water service to any premises without notice if access has been refused or prevented by any person as prohibited by this article. If the water is shut off as provided by this section, it shall not be turned on until access has been provided as determined necessary by the Department to conduct the inspection, replacement, or test of the meter. The expense of turning off and turning on the water shall be paid by the property owner.

(Ord. No. 2387, § 2, 9-28-21)

118-97 Bypass prohibited; exception; strainer.

All water supplied by the City water supply system that is used on any premises shall pass through an approved meter. No connection between the meter and the main shall be made or maintained. A bypass shall be installed only for meters three inches and greater, with a sealed valve placed on the bypass. Meters sized three inches and larger shall have an approved strainer.

(Ord. No. 2387, § 2, 9-28-21)

118-98 Secondary water meter.

At the option of the property owner, an additional water meter, referred to as a secondary water meter, may be installed following Department guidelines. The secondary water meter shall allow for the metering of water that is directed exclusively to a sprinkler system or outside spigot or connection such as, but not limited to, a swimming pool, which water would not enter a sanitary sewer system and will not be applied to the calculation of the sewage disposal bill for the property. The provisions of this article regarding the installation, use, and other requirements applicable to a single water meter shall also apply to the secondary water meter.

(Ord. No. 2387, § 2, 9-28-21)

118-99118-105 Reserved.

DIVISION 5. SUPPLY PIPES AND FIXTURES

118-106 Water connection; application procedure.

(a)    An application for the introduction of City water to a private premises, or for the change of an existing supply, shall be made to the Department by the owner of the premises, or by the owner’s agent authorized in writing. The application shall be made upon the form furnished by the Department. The applicant shall sign the form and certify that the applicant accepts all provisions on the form, all applicable provisions of this article that apply to water service, and all rules and regulations applicable to water service made by the Department.

(b)    The application for City water shall be accompanied by the permit fee specified in section 118-113. The permit fee shall be returned if the application is not granted.

(c)    Upon receipt of an application for water service, the Department may make or cause to be made an inspection of the premises. Unless service is rejected, the applicant may be required to deposit with the Department a sum of money that will be sufficient to cover the cost of the installation, as determined by the Department. After the water deposit has been paid, the Department shall install the pipes and equipment 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 be specified by the Department and may include the labor and material together with an allocation of costs of employee fringe benefits and administrative overhead and other indirect costs. If the total cost of the installation of water service pipes and equipment exceeds the deposit required under this subsection (c), the water shall not be turned on until the difference is fully paid. In no case shall water be turned on while any sums due to the Department remain unpaid for the installation of service pipes and equipment specified in this section.

(d)    All persons shall comply with all state and/or local cross connection backflow regulations as determined applicable by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-107 Material for pipes.

The Department shall determine and specify the supply pipe material that must be used. Service pipes shall comply with the standards and specifications of the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-108 Approved fixtures required.

The refusal or failure of the owner to equip the premises with service pipe connections, utilities, or fixtures of character and quality approved by the Department shall be sufficient grounds for the Department to refuse to connect the premises with the City water supply, or if the connection has already been made, to refuse to turn the water on, to turn the water off, or to disconnect the City water supply. The expense of shutting off and turning on the water shall be paid by the property owner.

(Ord. No. 2387, § 2, 9-28-21)

118-109 Supply pipes; installation by Department.

Supply pipes, including curb stops, shall be installed only by the Department, and shall be 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.

(Ord. No. 2387, § 2, 9-28-21)

118-110 Service pipes; installation by plumber; approval.

Service pipes shall be put in by a licensed plumber or as directed by the Department. All the fixtures and attachments put in on the premises in connection with service pipes shall conform in character, design and quality to the standards of the City plumbing code and shall be approved by the Plumbing Inspector.

(Ord. No. 2387, § 2, 9-28-21)

118-111 Laying service pipes.

Every service pipe shall be laid at least five 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.

(Ord. No. 2387, § 2, 9-28-21)

118-112 Valves; installation and maintenance; meter.

In each building intended to be connected with the public water supply, functioning valves shall be provided for the installation and maintenance of the meter at the property owner’s expense as required by the Department connection regulations. Such valves shall be kept in good working condition and shall be thoroughly protected from freezing.

(Ord. No. 2387, § 2, 9-28-21)

118-113 Fees for permits, inspection and installation.

Fees for permits, inspection of work, charges for original installation of all supply pipes and meters from the City water mains and all fixtures connected therewith, including stops and boxes, shall be as established by the Department from time to time.

(Ord. No. 2387, § 2, 9-28-21)

118-114118-119 Reserved.

DIVISION 6. CROSS CONNECTIONS

118-120 Purpose.

(a)    The purpose of this division is to promote and protect the public health, safety and welfare by the identification, prevention, and elimination of cross connections which have been recognized as the cause of public health problems due to the hazard caused to drinking water quality; and by reducing the risk of cross connection contamination of the City water supply system.

(b)    This division shall control all matters concerning the inspection, detection, testing, prevention and elimination of cross connections in new and existing residential, commercial, and industrial premises and facilities.

(Ord. No. 2387, § 2, 9-28-21)

118-121 Authority, agent, and administrator.

The Department shall be the City’s designated authority, agent, and administrator of the cross- connection control program and shall have the authority to implement that program with respect to any property or premises receiving water from the City water supply system.

(Ord. No. 2387, § 2, 9-28-21)

118-122 Compliance with laws, ordinances, codes, rules, and regulations.

All connections with a public water supply system shall comply with all applicable laws, ordinances, codes and rules, including, but not limited to, the following (referred to collectively in this division as applicable cross connection laws and regulations):

(1)    The Michigan Safe Drinking Water Act, Act 399 of the Public Acts of 1976, as amended; and the associated Water Supply Cross Connections rules, Michigan Administrative Code, R 325.11401 through R 325.11407, as amended.

(2)    The latest edition of the Oakland County Water Resources Cross Connection Control Program, as approved by the State of Michigan, as amended.

(3)    The Pontiac Code of Ordinances including this article and all other sections of the Code of Ordinances pertaining to water supply or plumbing, as amended.

(4)    The latest editions of the Michigan Plumbing Code, the Michigan Building Code, and the Michigan Residential Code, as adopted by the City, as amended.

This division does not supersede any law, ordinance, code, rule, or regulation, but is supplementary to them. Except as otherwise determined and directed by the Department, the most stringent or restrictive provisions applicable to cross connections shall control, whether established by this division or by such other applicable law, ordinance, code, rule, or regulation. Further, if there is any conflict or inconsistency between the provisions of this division with respect to cross connections and the provisions of any other law, ordinance, code, rule, or regulation regarding cross connections, the provisions of this division shall control; and if there is a question or ambiguity with regard to whether or not there is a conflict or inconsistency between the provisions of this division and the provisions of any other law, ordinance, code, rule, or regulation, the question or ambiguity shall be resolved by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-123 Cross connections prohibited; unlawful connections.

(a)    A cross connection to the City water supply system is prohibited.

(b)    It shall be unlawful for any person to create, maintain, or to cause or allow the creation or maintenance of, any cross connection (direct or indirect) of a public water supply system and any other water supply system or source, including, but not limited to, a connection between the public water supply system and any of the following:

(1)    A secondary water supply.

(2)    Any source of water by submerged inlet.

(3)    A lawn sprinkler system.

(4)    Piping which may contain sanitary waste or a chemical contaminant, including self- contained hydronic boiler systems.

(5)    A fire suppression system.

(6)    Any other source of potential contaminant (regardless of the source or means of connection).

(Ord. No. 2387, § 2, 9-28-21)

118-124 Cross connection inspections.

(a)    It shall be the duty of the Department to inspect and reinspect all premises, properties, or facilities served by the City water supply system where cross connections to the system are deemed possible by the Department and as otherwise required by applicable cross connection laws and regulations, including, but not limited to, the approved Cross Connection Control Program. In conducting such inspections, the Department shall also conform to the general requirements for inspections as provided by division 3 of this article.

(b)    The frequency of inspections and reinspections for cross connections shall be established by the Department based on potential health hazards to the City water supply system and other factors as determined relevant and appropriate by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-125 Access to premises; right of entry.

(a)    Notwithstanding any other provision or requirement of this article or any other applicable law or regulation, the Department shall have the right to enter any premises, property, or facility for the sole purpose to inspect and examine for cross connections.

(b)    The Department shall be granted access to all premises, properties, or facilities at all reasonable hours to determine or confirm the possible presence of a cross connection. The Department shall be granted such access to all areas of a premises, property, or facility where the Department believes that there may be piping or other conveyances that could ultimately be connected to the City water supply system.

(c)    Upon the Department’s request, the owner or occupant shall furnish the Department any information regarding the piping system of the premises, as determined pertinent by the Department.

(d)    The owner’s or occupant’s refusal to supply the access or information as provided by this division, at the time requested by the Department, shall be a violation of this division.

(e)    Further, the owner’s or occupant’s refusal to grant access or to supply such information when requested shall be deemed evidence of the presence of a cross connection and a violation of this division, subject to such further steps and enforcement as determined necessary and appropriate by the Department and as provided by applicable cross connection laws and regulations, including, but not limited to, discontinuance of service.

(Ord. No. 2387, § 2, 9-28-21)

118-126 Discontinuance of service.

(a)    The Department is authorized to disconnect water service to a premises, property, or facility, after reasonable notice, for violation of any of applicable cross connection laws and regulations and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the City water supply system from cross connections or to otherwise prevent or mitigate a hazard to the public health, safety, or welfare.

(b)    If the Department determines that there is an existing or potential threat to the public health, safety, or welfare, including, but not limited to, poisoning, the spread of disease, or contamination of the public water supply of any kind and from any source, the water service may be terminated immediately.

(c)    If water service is disconnected as provided by this section, such service shall not be restored until the cross connection has been removed and any other deficiencies or potential hazards have been corrected as required by the Department in accordance with applicable cross connection laws and regulations.

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

(Ord. No. 2387, § 2, 9-28-21)

118-127 Correction of violations.

Upon notification by the Department of a violation of this division, the property owner shall promptly correct the violation in compliance with the schedule required and specified by the Department. The total time allowed for completion of the necessary corrections shall be contingent upon the degree of hazard involved and include the time required to obtain and install any required equipment. The use and installation of any such equipment shall be subject to the Department’s prior written approval as otherwise required by this division for use and installation of protective devices. A person’s failure to timely complete required corrections as required and specified by the Department is a violation of this division.

(Ord. No. 2387, § 2, 9-28-21)

118-128 Protective devices.

The Department’s written approval shall be obtained for any proposed backflow prevention corrective action or protective device before use or installation. All testable backflow prevention devices shall be tested upon installation and at specified periodic intervals thereafter. The Department may require the filing of a backflow device test report for any installed device on a periodic basis or at such frequency as required by the Department. All testing and maintenance of backflow prevention devices shall be at the owner or occupant’s sole expense and shall be performed by a person or entity approved by the Department. The failure to file any required report is a violation of this division and may be deemed evidence of a cross connection subject to an enforcement response by the Department as otherwise provided by this article.

(Ord. No. 2387, § 2, 9-28-21)

118-129 Fire suppression systems.

(a)    All fire suppression systems that are connected to the City water supply system on the property side of the water service shall be isolated with an ASSE approved backflow prevention detector assembly approved by the Department. A single check or single check detector check shall not be considered an approved backflow prevention detector assembly. The level of backflow protection required shall be commensurate with the degree of potential hazard, as determined by the Department.

(b)    Any fire suppression system that contains any additives will be required to be protected by an ASSE approved reduced pressure backflow prevention detector assembly.

(c)    If a fire suppression system does not currently have an ASSE approved backflow prevention detector assembly, the owner of the premises shall cause an ASSE approved backflow prevention detector assembly to be installed within the shortest time feasible as required and specified by the Department.

(d)    If a fire suppression system has a backflow prevention device, but the device does not meet the latest backflow protection standards as provided by applicable cross connection laws and regulations or is otherwise determined inadequate by the Department, the owner of the premises shall cause the fire suppression system to be upgraded to meet the latest standards in compliance with the schedule required and specified by the Department.

(e)    A person’s failure to timely complete the installation of an ASSE approved backflow prevention detector assembly or upgrade an existing backflow prevention device for a fire suppression system as provided by this section is a violation of this division.

(Ord. No. 2387, § 2, 9-28-21)

118-130 Piping identification.

When a secondary water source is used in addition to a public water supply system, exposed public water and secondary water piping shall be identified by distinguishing colors or tags and so maintained that each pipe may be traced readily in its entirety. If piping is so installed that it is impossible to trace it in its entirety, it will be necessary to protect the public water supply at the service connection in a manner acceptable to the Department and state as required by applicable cross connection laws and regulations.

(Ord. No. 2387, § 2, 9-28-21)

118-131 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 shall be labeled in a conspicuous manner as “Water Unsafe for Drinking.”

(Ord. No. 2387, § 2, 9-28-21)

118-132 Charges for inspection.

Inspection charges established from time to time by the Department shall be included in the water service rates.

(Ord. No. 2387, § 2, 9-28-21)

118-133118-145 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.

(Ord. No. 2387, § 2, 9-28-21)

118-147 Water rates; minimum requirements.

(a)    The rates to be charged for water service shall be as established from time to time by the Department. The water service rates in effect in the City on the date of the adoption of this article shall remain in effect until changed by the Department.

(b)    Copies of current rate schedules shall be kept on file at the Department office 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.

(Ord. No. 2387, § 2, 9-28-21)

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.

(Ord. No. 2387, § 2, 9-28-21)

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.

(Ord. No. 2387, § 2, 9-28-21)

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

(a)    If a meter malfunctions and fails to register, including, but not limited to, instances caused by tampering with a meter or a reading device, 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, or as otherwise determined or estimated by the Department.

(b)    The accuracy of a meter on any premises shall be tested by the Department upon written request of the owner of the premises, who shall pay in advance a fee to cover the cost of the test. If, as a result of the test, the meter is found by the Department to register three percent or 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.

(c)    If the Department determines that a meter is inaccurate, the Department may adjust the water bill for the current year in a manner determined appropriate by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-151 Water supplied at meter rates.

If water is supplied at meter rates, there shall be a charge for all the water registered by the meter.

(Ord. No. 2387, § 2, 9-28-21)

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 shall be the lesser of either ten percent of the balance due or ten percent of the current monthly bill which shall be added to all delinquent account balances.

(b)    Amounts for security deposits and fees for services rendered by the Department shall be established from time to time by the Department.

(Ord. No. 2387, § 2, 9-28-21)

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.

(Ord. No. 2387, § 2, 9-28-21)

118-154 Service charges constitute lien upon property.

(a)    Charges for water and services furnished to a premises and expenses incurred in the installation of water service for any premises, together with delinquency fees, shall be a lien on that premises, and those charges delinquent for six months or more may be certified annually 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 from the lessor 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 security deposit is made. A security deposit shall consist of the average annual charge for services, with a minimum use of eight CCF (100 cubic feet) per month. Additionally, the deposit shall also include all applicable and reasonable miscellaneous fees, charges, expenses and assessments, if any. If the monthly payments for services provided are not received, the amount due will be paid from the funds on deposit. Once the funds on deposit are exhausted, service will be shut off. Service will not be reestablished until any unpaid balance is paid in full and another deposit equal to the annual average charge has been paid.

(b)    The lessor’s affidavit shall be on a form provided by the Department and shall indicate the following under oath: the date of the execution of the lease, the expiration of the lease, and a statement that, pursuant to the lease, the lessor is not liable for the payment of charges for service furnished by the water and sewer system. The lessor’s affidavit shall be filed with the Department. The lessor shall provide written notice to the Department at least 20 days prior to any change, cancellation or termination of the lease. If a lessor does not file an affidavit or fails to provide the 20 days’ notice of any change, cancellation, or termination with respect to any premises in accordance with this section, then charges for service furnished by the water and sewer systems to such premises shall be a lien thereon and collected in the manner provided above. In such a case, if the charges become delinquent, service to the premises shall be subject to being immediately shut off 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. 2387, § 2, 9-28-21)

118-155 Appeal of overcharges.

Persons claiming to be overcharged may appeal to the Department. The Department shall investigate the matter and make such an examination and decision as the Department finds necessary and in conformity with the established rate schedule.

(Ord. No. 2387, § 2, 9-28-21)

118-156118-165 Reserved.

DIVISION 8. OWNER-REQUESTED WATER SHUTOFFS AND REBATES

118-166 Request to permanently discontinue water service.

If a property owner desires to permanently discontinue the use of City water on any premises, a request to that effect, stating the reasons therefor, shall be made in writing by the property owner to the Department. The Department will then disconnect the water at the main at the property owner’s expense. The charges for supplying City water to the premises will thereafter be abated.

(Ord. No. 2387, § 2, 9-28-21)

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 stop by the Department upon the written request by the owner of the premises to the Department and will be turned on again upon the date specified by the owner in such request.

(b)    During a temporary vacancy where water service has been shut off by the Department, minimum charges will not be billed when service is off for less than half of the billing cycle provided no water is used during that period. If no water is used but service is available for at least half of the billing cycle or greater, the minimum billing will be charged. In the billing cycle where service is restored, the minimum charges will be billed if service is available for half of that billing cycle or greater.

(c)    If metered premises are left unoccupied, with the water not shut 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.

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

(Ord. No. 2387, § 2, 9-28-21)

118-168118-180 Reserved.

DIVISION 9. SERVICE OUTSIDE CITY LIMITS2

118-181 Contract authorization.

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

(Ord. No. 2387, § 2, 9-28-21)

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 of the provisions of this article that apply to water service within the City limits and all rules and regulations applicable to water service made by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-183 Installation expenses; advance payment; consents.

(a)    Before any permits are issued for water service outside the City limits, 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 Department. 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 a permit for water service outside City limits shall be issued.

(Ord. No. 2387, § 2, 9-28-21)

118-184 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 the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-185118-210 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 interests of public health, safety and welfare to limit the nonessential use of water (including, but not limited to, lawn sprinkling) to preserve, to the extent possible, 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 determined necessary by the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-212 Temporary emergency sprinkling regulations.

(a)    Whenever the Department receives notification from the Great Lakes Water Authority or the Michigan Department of Environment, Great Lakes, and Energy 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 Department 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 and for properties with odd-numbered addresses on odd-numbered dates.

(b)    Whenever the Department receives notification from the Great Lakes Water Authority or the Michigan Department of Environment, Great Lakes, and Energy 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 Great Lakes Water Authority 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, or other means.

(d)    The emergency regulations shall become effective immediately after being posted and publicly announced as provided by this section.

(e)    Upon notification from the Great Lakes Water Authority or the Michigan Department of Environment, Great Lakes, and Energy that the emergency regulations are no longer necessary, the Department shall cause a public announcement lifting the water restrictions.

(Ord. No. 2387, § 2, 9-28-21)

DIVISION 11. ENFORCEMENT

118-213 Municipal civil infractions.

(a)    Violation; Municipal Civil Infraction. Except as provided by section 118-214, and notwithstanding any other provision of the City’s laws, ordinances and regulations to the contrary, a person who violates or fails to comply with any provision of this article (including, without limitation, any notice, order, decision or determination promulgated, issued or made by the Department under this article) is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $1,000.00 per day for each infraction and not more than $10,000.00 per day for each infraction, plus costs and other sanctions.

(b)    Repeat Offenses; Increased Fines. Increased fines may be imposed for repeat offenses. As used in this section, repeat offense means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision of this article (1) committed by a person within any one-year period and (2) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)    The fine for any offense that is a first repeat offense shall be not less than $2,500.00, plus costs and other sanctions.

(2)    The fine for any offense that is a second repeat offense or any subsequent repeat offense shall be not less than $5,000.00, plus costs and other sanctions.

(c)    Amount of Fines. Subject to the minimum fine amounts specified in subsections (a) and (b) of this section, the following factors shall be considered by the court in determining the amount of a municipal civil infraction fine following the issuance of a municipal civil infraction citation for a violation of this article: the type, nature, severity, frequency, duration, preventability, potential and actual effect, and economic benefit to the violator (such as delayed or avoided costs or competitive advantage) of a violation; the violator’s recalcitrance or efforts to comply; the economic impacts of the fine on the violator; and such other matters as justice may require. A violator shall bear the burden of demonstrating the presence and degree of any mitigating factors to be considered in determining the amount of a fine. However, mitigating factors shall not be considered unless it is determined that the violator has made all good faith efforts to correct and terminate all violations.

(d)    Authorized Local Official. Notwithstanding any other provision of the City’s laws, ordinances and regulations to the contrary, the following persons are designated as the authorized local officials to issue municipal civil infraction citations directing alleged violators to appear in district court for violations of this article (or, if applicable, to issue municipal civil infraction notices directing alleged violators to appear at a municipal ordinance violations bureau): the Department, any sworn law enforcement officer, and any other persons so designated by the Department or the City.

(e)    Additional Remedies. In addition to ordering the defendant to pay a civil fine, costs, and damages and expenses, the City and/or the Department may ask the district court to issue and enforce any judgment, writ, or order, including injunctive or other equitable relief, necessary to enforce this article, as authorized by state law.

(f)    Other Requirements and Procedures. Except as otherwise provided by this section, the requirements and procedures for commencing municipal civil infraction actions; issuance and service of municipal civil infraction citations; determination and collection of court-ordered fines, costs and expenses; appearances and payment of fines and costs; failure to answer, appear or pay fines; disposition of fines, costs and expenses paid; and other matters regarding municipal civil infractions shall be as set forth in article X of chapter 86 and Act No. 236 of the Public Acts of 1961, as amended.

(g)    This section shall not affect the sections provided for by any state or local law for a violator’s failure to comply with a judgment of the district court, nor shall this section in any way limit or restrict the authority of the court to enforce its orders by appropriate sanctions or actions. This section shall not restrict, limit or bar any action permitted under any other provision of law.

(Ord. No. 2387, § 2, 9-28-21)

118-214 Criminal penalties; imprisonment.

Any person who (1) at the time of a violation knew or should have known that water of questionable quality, wastes, or other contaminants or pollutants were discharged or introduced by the person to the City water supply system contrary to any provision of this article, or contrary to any notice, order, permit, decision or determination promulgated, issued or made by the Department under this article; or (2) intentionally makes a false statement, representation, or certification to the Department in any form, notice, report, or record required by this article, or in any other correspondence or communication, written or oral, with the Department regarding matters regulated by this article; or (3) intentionally falsifies, tampers with, or renders inaccurate any meter, protective device or water supply equipment or appurtenances required by this article; or (4) commits any other act that is punishable under state law by imprisonment for more than 90 days shall, upon conviction, be guilty of a misdemeanor punishable by a fine of $500.00 per violation, per day, or imprisonment for up to 90 days, or both in the discretion of the court.

(Ord. No. 2387, § 2, 9-28-21)

118-215 Continuing violation.

Each act of violation, and each day or portion of a day that a violation of this article (or of any notice, order, decision or determination promulgated, issued or made by the Department under this article) exists, occurs, or continues constitutes a separate and distinct violation subject to the fines, penalties and other sanctions and remedies as provided by this article.

(Ord. No. 2387, § 2, 9-28-21)

118-216 Nuisance.

A violation of this article (or of any notice, order, decision or determination promulgated, issued or made by the Department under this article) is deemed to be a public nuisance and shall be corrected or abated as directed by the Department and/or the City. In addition to any other legal or equitable remedies available under the law, any person creating a public nuisance shall be subject to the provisions of state law, this article, or other ordinance of the City governing such nuisances, including reimbursing the Department and/or the City, as applicable, for any costs incurred in removing, abating, or remedying the nuisance, as applicable.

(Ord. No. 2387, § 2, 9-28-21)

118-217 Judicial relief.

The City and/or the Department (in conjunction with the City’s legal counsel) may institute legal proceedings in a court of competent jurisdiction to seek all appropriate relief for violations of this article or of any notice, order, decision or determination promulgated, issued or made by the Department under this article. The action may seek temporary or permanent injunctive relief, damages, penalties, costs, and any other relief, at law or equity, that a court may order. The City or the Department may also seek collection of fines, penalties and any other amounts due to the City or the Department, respectively, that a person has not paid.

(Ord. No. 2387, § 2, 9-28-21)

118-218 Cumulative remedies.

The imposition of a single penalty, fine, notice, or order upon any person for a violation of this article, or of any notice, order, decision or determination promulgated, issued or made by the Department under this article, shall not preclude (or be a prerequisite for) the imposition by the City, the Department, or a court of competent jurisdiction of a combination of any or all of those sanctions and remedies or additional sanctions and remedies with respect to the same violation, consistent with applicable limitations on penalty amounts under state or federal laws or regulations. A criminal citation and prosecution of a criminal action against a person shall not be dependent upon and need not be held in abeyance during any civil, judicial, or administrative proceeding, conference, or hearing regarding the person.

(Ord. No. 2387, § 2, 9-28-21)

118-219118-220 Reserved.

DIVISION 12. WATER MAIN AND SEWER CONSTRUCTION

118-221 Permit required.

No water main or sanitary sewer which shall serve or be designed to serve more than one premises shall be constructed, reconstructed or altered in the City unless a permit for such construction, reconstruction or alteration is first procured from the City.

(Ord. No. 2387, § 2, 9-28-21)

118-222 Permit application.

Application for a permit under this article shall be accompanied by complete plans, specifications and cost estimate which shall be submitted to the Department for review and approval before such permit is issued. Such review will include:

(1)    Checking water main plans for size of mains and adequacy of valves and fire hydrants;

(2)    Checking sanitary sewers to determine proper grades with resultant self-cleaning velocities;

(3)    Determining types of pipe joints and pipe materials on the basis of the characteristics of the particular area;

(4)    Determining protection of pipe, width of trench and strength of pipe by depth of sewer and type of soil to be encountered;

(5)    Checking sizes to determine needs for sanitary sewers;

(6)    General review of cost estimate for payment of fees and inspection deposits;

(7)    Review for compliance with the Department standards and specifications.

(Ord. No. 2387, § 2, 9-28-21)

118-223 Permit; issuance or denial; appeals.

If the plans and specifications are approved by the Department, the water main and sewer construction permit shall be issued upon payment of the fees and inspection deposits as hereinafter provided. If the Department does not approve the plans and specifications, the Department shall give recommendations in writing to the applicant. The applicant may amend the plans and specifications in accordance with such recommendations.

(Ord. No. 2387, § 2, 9-28-21)

118-224 Inspections during progress; departure from approved plans; notice of violation.

The Department shall make or cause to be made all such inspections of projects under this article including the receipt of material tests and the requests for compaction tests by an approved independent testing laboratory, costs therefor chargeable to the owner, as the work progresses as the Department shall deem necessary to ensure that the sanitary sewer and water main will be built in accordance with the approved plans and specifications and in accordance with all provisions of this article and any other ordinances and regulations of applicable agencies. The Department shall have the right to authorize departures from the approved plans and specifications where necessary because of unforeseen circumstances, but no departures from the approved plans and specifications shall be made without the prior knowledge and resultant charges made by the consulting engineers preparing the original plans with subsequent authorization therefor by the Department. If the Department shall find that the improvements are not being installed or constructed in accordance with the aforementioned standards, the Department shall issue a written notice of violation requiring the installation or construction to be so corrected. In such notice the Department shall specify a time limit for the correction of the violations. If the violations are not corrected within the specified time, the Department or the Department’s representative may order all work stopped.

(Ord. No. 2387, § 2, 9-28-21)

118-225 Review fee.

A review fee shall be paid to the Department at the time an application for permit is filed under this article. A schedule of fees is available from the Department.

(Ord. No. 2387, § 2, 9-28-21)

118-226 Permit fee; final field inspection.

(a)    A permit fee in an amount as established by the Department shall be deposited with the Department to reimburse the ordinary costs incurred by the Department for inspection during water main or sewer construction. The amount of all fees shall be adjusted to meet the actual cost of inspection of the project after work is completed at which time an additional inspection fee may be required and become payable to the Department or a refund made to the owner.

(b)    Upon completion of the project the Department shall make a final field inspection accompanied by the owner’s consulting engineer and shall furnish thereto copies of the locations of other predetermined buried outlets. The owner’s engineer shall then prepare as-built drawings of the project furnishing the Department with one set of reproducible mylar plans thereof. Further, the owner shall provide a maintenance guarantee bond on the Department’s form prior to final acceptance of the work.

(Ord. No. 2387, § 2, 9-28-21)


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.