Chapter 13.04 WATER SUPPLY SYSTEM

1. "Person" means and includes natural persons of either sex, associations, copartnerships, and corporations, whether acting by themselves or by a servant, agent, or employee.

2. "Premises," as utilized within Title 13, is construed to mean a unit of real estate, whether a dwelling unit or otherwise, under one ownership and supplied by one water meter; provided, that each dwelling unit within a structure containing more than one dwelling unit shall be deemed to be a premises for purposes of this title.

3. "Superintendent" is held and construed to mean the superintendent of the water works of the city or the city superintendent, as the case may be, and any act in this chapter required or authorized to be done by the superintendent may be done on behalf of the superintendent by any authorized officer or employee of the water department.

B. The singular number is held and construed to include the plural, and the masculine pronoun to include the feminine. (Ord. 798 §1, 1985: Ord. 328 §4, 1944; Ord. 245 §§1, LA, 1926).

13.04.020 Rates and charges--Meter rate--Required-Exception--Meter installation plan.

In all cases where water is furnished, separate meters must be provided and the water consumed charged for at scheduled rates. The rates which shall be from time to time charged by the city for the provision of water shall be established by the city council by the adoption of written resolution. Such resolution shall be introduced and acted upon in the manner normally utilized for the adoption of resolutions and shall require for adoption an affirmative vote by a majority of the entire council. Charges to be assessed for connection to the system or for the provision and installation of necessary meters may be established either in the manner set forth herein or by ordinance. Such consumers must pay for all service connections as provided in this chapter.

All water service connections shall be metered and charged for at meter rates; provided, that premises which have been served without meters and at flat-rate charges previous to the effective date of the ordinance codified in this section may continue to be served in that manner until such time as meters become available and the city, in due course, installs such meters.

When and as meters and supplies for installing the same become available, the water committee of the council shall lay the city off in convenient districts for the purpose of installing meters at premises now being supplied without meters, and the water superintendent shall install said meters, collecting therefor from the property owner the cost thereof as provided in Section 13.04.280 and from and after the time of such installation all water delivered to said premises shall be paid for at the established meter rates. (Ord. 918 §3, 1991: Ord. 144 §2, 1948: Ord. 245 §44, 1926).

13.04.070 Rates and charges--Flat-rate charge to be no less than minimum ready-to-serve charge.

The flat-rate charge for water service shall be no less than the minimum ready-to-serve charge for the metered service. (Ord. 412 §7, 1961).

13.04.110 Rates and charges--Connection charge--Additional payments required.

No additional living units, rental spaces, or different water uses shall be placed upon or done upon the premises for which a connection charge has been paid without first applying therefor to the city clerk-treasurer and paying an additional connection charge computed as though this were an initial connection request for the entire premises, less the connection charge previously paid. (Ord. 488 §2, 1969).

13.04.120 Rates and charges--Remission--Refunds-Council action required.

Remission of rates shall only be made upon application to the city council. All refunds shall be made in the same manner. (Ord. 245 §49, 1926).

13.04.130 Rates and charges--Remission--Not permitted when owner turns on water which has been shut off--City to shut off at the main.

When water has been shut off for any cause and is turned on again, and allowed or caused to be turned on by the owner, no remission of rates will be made on account of its having been shut off, and the superintendent may then shut off the water at the main, or remove a portion of the service connection in the street, and shall charge the actual cost of cutting out and reinstating the water supply. (Ord. 245 §19, 1926).

13.04.140 Rates and charges--Remission--Vacant premises--Procedure.

Whenever any premises connected with the water supply system of the city becomes vacant and the owner thereof desires to have the rates remitted for the non-use of water on said premises, he shall file in the office of the superintendent a notice and affidavit of vacancy, giving the date the premises were vacant during the period. The rates for the period will be remitted, but no remission of rates will be made for a shorter period than one calendar month, or without the notice and affidavit prescribed in this section. If, upon inspection, it is ascertained that the premises were not vacant during the period stated, a charge of one dollar shall be made against the premises, in addition to the fixed rate for the period. This section applies to premises supplied at fixed rates only. (Ord. 245 §20, 1926).

13.04.150 Rates and charges--Sewer and garbage charges--Conditions of discontinuance.

Sewer and garbage charges shall be controlled through water service, as follows: The sewer and garbage charges shall be discontinued only when the water service to such premises is shut off at the request of the consumer; if there are one or more tenants on premises being furnished water service through the same meter or connection, then the sewer and garbage charges must be paid as long as the water meter, or service, is turned on. (Ord. 377 §1(part), 1954: Ord. 245 §4A, 1926).

13.04.160 Rates and charges--Payment--Delinquency--Penalty.

A. Charges for sewer and water services provided by the city system shall be established and billed on a billing period of two months. The clerk-treasurer shall have the authority to establish the specific dates upon which the two-month period shall commence and end. In making such determination, the clerk-treasurer shall take into consideration such factors as she deems reasonably necessary, including but not limited to fiscal requirements of the city, staff availability and the accounting system.

B. All fixed rates and all meter rates, whether for water or sewer, shall be due and payable at the office of the city clerk-treasurer on the first day of each month for services utilized in the preceding billing period. If not paid on or before the fifteenth day of the month in which such charges become due, the bill shall be deemed delinquent; provided, that if the fifteenth day of the month falls on Saturday, Sunday or a legal holiday on which the city clerk-treasurer’s office is closed, such charges may be paid on the next succeeding Monday or regular business day, as the case may be.

C. In the event that the charges are not paid by the twenty-fourth day of the month in which they are billed, then in recognition of the additional costs incurred by the city as a result of the rebilling necessary, there shall be an additional charge imposed in the amount of five dollars, which shall be due and payable at the same time the balance is paid. This sum shall be imposed upon any account the payment for which has not been physically received by the office of the clerk-treasurer by the close of business upon the date stated within this subsection.

D. If such charges are not paid on or before the fourth day of such delinquency, the water to the premises for which such bill was incurred may be shut off by the city and shall not be turned on until such charges have been paid, together with an additional charge of twenty dollars for turning on the water. (Ord. 846 §5, 1988: Ord. 826 §3, 1987: Ord. 799 §1, 1985: Ord. 778 §1, 1984: Ord. 677 §2, 1978: Ord. 634 §1, 1977: Ord. 411 §1, 1959: Ord. 335 §7, 1946: Ord. 245 §50, 1926).

13.04.170 Rates and charges--Delinquency--Charges to become lien--Filing of lien.

Any delinquent charge for water, and all charges for meters, connections, installations, or other service, and/or for furnishing material and/or labor for the same, authorized by this chapter, shall be a lien against the property for which such water is furnished or such service is rendered, which lien shall be made effective by the filing of a notice thereof specifying the charge and the period covered by the charges, and giving a legal description of the premises. The lien shall be filed with the same official and within the time, and foreclosed within the time and manner, prescribed by law for filing and foreclosing liens for labor and material. Said liens shall be prior to any and all liens and encumbrances filed subsequent to the filing of such lien. (Ord. 350 §1, 1948: Ord. 245 §51A, 1926).

13.04.175 Capital improvements account.

Nine percent of the gross proceeds generated by the rates collected for monthly service, whether for water or sewer, shall be deposited in an account to be established within the sewer and water fund of the city and to be denominated "capital improvements account." The moneys deposited in that account shall be utilized in undertaking and completing improvements or repairs to the city’s sewer and water system having an estimated cost to the city exceeding ten thousand dollars. These moneys shall be transferred semiannually into the designated account, with the first of these transfers to occur on or before the fifteenth day of July, 1987, and with a similar transfer to be made on or before the fifteenth day of each succeeding January and July until further action by the council. (Ord. 826 §7, 1987).

13.04.180 Connection with water supply--Applications--Contract--Contents.

A. Any person desiring to have a premises connected with the water supply of the city, shall make application at the office of the city clerk-treasurer. The application shall contain an exact description of the premises to be connected, and shall state fully all of the purposes for which the water is to be used; the number of families to be supplied; the number of sinks, hose bibs, water closets, baths, laundry trays, basins and faucets on said premises and to be connected with the said water supply; and the size of the service pipe.

B. Said application shall be signed by the applicant and shall contain and embody a contract, which shall provide that the person applying for the same shall pay for the water applied for at the rate and in the manner specified in said contract or in the ordinance codified in this section or other ordinances of the city, and shall reserve to the city the right to charge and collect the rates, and enforce the penalties provided for in this chapter, in the manner herein provided, to change the rates at any time by ordinance, to temporarily discontinue the service at any time without notice to the consumer, and to install a meter or meters to register the water consumed. The contract shall specify that said contract is subject to all the provisions of the ordinance codified in this section or any ordinance of the city relating to the subject that may be passed or come into effect after the effective date of the ordinance codified in this section; and shall provide that the city shall not be held responsible for any damages by water or other cause resulting from defective appliances on the premises supplied by water, installed by the owner or occupant of said premises; and shall provide that, in case the supply of water is interrupted or fails by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruption or failure, nor shall such failure or interruption for any reasonable period of time be held to constitute a breach of contract on the part of the city or in any way relieve the consumer from performing the obligations of his contract. (Ord. 245 §2, 1926).

13.04.190 Connection with water supply--Contract--Ordinance deemed part of--Copies available.

A copy of the ordinance codified in this section may be obtained by all water users, and shall be deemed a part of the contract made by the users of water and the city, in any instance under the service and use of water. (Ord. 245 §59, 1926).

13.04.200 Connection with water supply--Contract--Effective date.

All contracts shall take effect from the day they are signed and rates shall be charged from the day the premises are connected with the city’s water supply and the water is turned on. (Ord. 245 §4, 1926).

13.04.210 Connection with water supply--Service pipe--Installation--Responsibility for leaks and damages.

Upon the presentation at the office of the superintendent of the city clerk-treasurer’s receipt for the installation fees and execution of the contract provided for in Section 13.04.180, the superintendent shall cause the premises described in the application, if the same abuts upon a street upon which there is a city water main, to be connected with the city’s water main by a service pipe extending at right angles from the main to the curbcock or meter inside of the curbline, which connection shall thereafter be maintained by and kept within the exclusive control of the city. Where meter curbcocks are located within ten feet of the property line, all service pipe and connections from such curbcock or meter shall be installed and maintained by the owner or agent of the property served. Any leak or waste of water between the curbcock or meter and property line will be charged for at the rate provided for in this chapter, and the owner of services is responsible for all leaks or damages on account of leaks from the service pipes leading from the city’s stopcock or meter or the premises served. (Ord. 245 §5, 1926).

13.04.220 Connection with water supply--Service pipe--Stopcock requirements.

The service pipe must be so arranged that the supply to each separate house or premises may be controlled by a separate stopcock placed twelve inches inside the street curb, and one person must pay for all the water used through said service for his or her own use, or for the use of others to whom it may be accessible. (Ord. 245 §7, 1926).

13.04.230 Connection with water supply--Separate service required under certain conditions.

After the effective date of the ordinance codified in this section, a separate service direct from the tap in the main will be required for each premises that is to be supplied with water. All premises supplied at fixed rates will not be allowed to supply water to other premises. (Ord. 328 §1, 1944: Ord. 245 §8, 1926).

13.04.240 Connection with water supply--Specifications--Service during grading or regrading of streets.

A. All persons connected to city service, or laying their own private lines, shall be required to use only standard galvanized pipe up to and including two inches in size; and the pipe shall be laid not less than eighteen inches below the surface of the ground, except that in ungraded streets, where the grade is already established, said services and pipes shall be laid at least eighteen inches below said established grade.

B. The superintendent will maintain private service from city mains in streets which are being graded or regraded and will have such access on private property as shall be necessary to maintain such pipes during the work, and shall, as soon as practicable upon the completion of such work, relay said pipes in the street. Owners shall maintain their private pipes from the end of the city service to the slope occasioned by the grading of the street and charge expense to the owner of the service. (Ord. 245 §9, 1926).

13.04.250 Connection with water supply--Service pipe--Installation specifications.

Before the water will be turned on to any premises connected with the city’s mains, the service pipes upon such premises must be made to conform to the following regulations:

A. The service pipes must be so located that the supply for each separate house or premises is controlled by separate stop and waste cocks of the best standard make, approved by the superintendent, with extension handle, properly protected from the frost, and so placed within the premises that all service pipes and fixtures may be thoroughly drained during freezing weather,

B. Where sags or depressions occur in the pipe, and this stop and waste cock is not sufficient to fully drain all the pipes and fixtures within the premises, additional stop and waste cocks, with extension handles or other approved vents must be so placed as to fully drain them.

C. In cases where no fixtures are placed between the property line and the basement, the stop and waste cock may be placed in the basement, provided said basement is not less than six feet in height and is provided with stairways or other means of access thereto; provided, further, that where basements are enclosed in wooden walls the stop and waste cocks shall be placed at least twelve inches below the surface of the ground, and shall be provided with an extension handle.

D. Stop and waste cocks on premises fronting on ungraded streets shall be placed at least six feet inside of the property line of said premises. The connections between the city’s pipes at the property line and the service pipes on the premises must be made with a union.

E. Every existing service or branch service not already equipped at the owner’s expense as soon as the defect is noted. (Ord. 245 §11(part), 1926).

13.04.260 Connection with water supply--Turn-on and shutoff procedure--Charges.

A. All orders for turning water on and off shall be made in writing to the office of the clerk-treasurer and should be signed by the owner of the property or the duly authorized agent of the property served. When the water is ordered turned on or shut off from any premises, for other than short term repair purposes, all charges for water and sewer supplied to such premises shall be immediately due and payable to the city and the water will not be turned on until all of such charges are paid. When water is on and is ordered shut off for any purpose other than vacancy of the premises, a charge of a total of ten dollars shall be made for turning the water off and on; provided, that if the user installs a shut off valve between the meter and the serviced structure of a type and in a manner approved by the city, this sum shall be waived.

B. When water service is requested to be renewed to a premises after having been terminated as a result of vacancy, then a charge of ten dollars shall be made for recommencing service. This charge, in the discretion of the clerk-treasurer, shall be collected at the time of the request for recommencement of service or may be billed at the time of the first billing to the premises subsequent to reconnection. (Ord. 826 §4, 1987: Ord. 245 §11(part), 1926).

13.04.270 Water meter--To remain city property.

All water meters are and shall remain the property of the city. (Ord. 432 §2, 1961).

13.04.280 Water meter--Cost of installation.

The cost of the original installation of a meter shall be paid by the consumer, and shall be the cost thereof to the city. (Ord. 245 §42, 1926).

13.04.290 Water meter--Out of order--Liability for cost of repair--Estimate of charge to consumer.

In all cases where meters are lost, injured or broken by carelessness or negligence of the owners or occupants of a premises, they shall be replaced or repaired by, or under the direction of, the superintendent and the cost shall be charged against the owner or occupant; and, in case of nonpayment, water service shall be shut off and will not be turned on again until such charge and the charge for turning on the water are paid. In the event of the meter getting out of order by failing to register properly, the consumer shall be charged on an estimate made by the superintendent on the average monthly consumption during the last three months that the same was in good order, or from what he may consider to be the most reliable date at his command. (Ord. 245 §40, 1926).

13.04.300 Water meter--Removal--Direction of superintendent required--At request of consumer.

No meter shall be removed or in any way disturbed, nor the seal broken, except in the presence or under the direction of the superintendent. In case the user of water on a metered service desires the temporary discontinuance of water service and relief from the ready-to-serve charge, he shall file a turn-off order with the water department and request the removal of the meter and shall pay the cost in full for such removal or installation. (Ord. 245 §41, 1926).

13.04.310 Water meter--Test for accuracy--Procedure-Charge.

Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer’s request and shall in his presence be tested in the shops of the water department, by means of the apparatus there provided, and a report thereon shall be duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more than three percent in the meter’s registry, the excess of the consumption on the three previous readings shall be credited to the consumer’s meter account, and the water department will bear the entire expense of the test, and the deposit required as hereinafter prescribed shall be returned. On the other hand, where no error is found, the person who has requested the test shall pay the charge fixed for such test. Before making a test of any meter the person requesting such test shall, at the time of filing the request with the superintendent, make a deposit with the city clerk-treasurer which charges are as follows: Three dollars for each test. (Ord. 245 §41, 1926).

13.04.320 Administration and enforcement--Water superintendent--Supervision of system.

The water superintendent shall have the supervision of the entire water system of the city, and of parts of said system lying outside of the city and of the reservoirs and pumping stations thereof, but he shall be subject to the orders and requests of the city council. (Ord. 245 §56, 1926).

13.04.330 Administration and enforcement--Water superintendent--Monthly report.

The water superintendent shall make a monthly report of the work of his department to the council. (Ord. 245 §57, 1926).

13.04.340 Administration and enforcement--Metering of persons granted free service--Collection for excess consumption.

The superintendent is authorized and directed to install a meter on the service of every person who is at the time of the effective date of the ordinance codified in this section or may hereafter be granted free water by ordinance and to take the readings of such meters and enter the same in the books of his office in the same manner as other meter readings are taken and entered, and, at the expiration of any three months chosen by the superintendent after the time of installing such meter, to compute the average monthly consumption of water for the said three months, and thereafter all water consumed in any manner in excess of said average monthly consumption shall be charged and collected for at the regular meter rates as fixed in this chapter. (Ord. 245 §18, 1926).

13.04.350 Administration and enforcement--Aid required of police, fire and street departments.

It is the duty of the employees of the police, fire and street departments to give vigilant aid to the superintendent in the enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which come to their knowledge to the office of the superintendent. It is the duty of the chief of the fire department to report immediately to the superintendent, in case of fire in premises having metered service for fire protection purposes, that fire has occurred therein. (Ord. 245 §45, 1926).

13.04.360 Administration and enforcement--Health officer duties.

It is the duty of the health officer to report in writing to the superintendent of water all buildings or premises condemned or closed by his orders. Such reports are to contain the official house number and the street name, the name of the owner of such building or premises, and the date the same were vacated. He shall again report to the superintendent in the same manner the date of reoccupancy of each of such buildings or premises. (Ord. 245 §22, 1926).

13.04.370 Administration and enforcement--Plumbing inspector duties.

It is the duty of the plumbing inspector to report in writing to the superintendent of water works all premises inspected by him where city water is used or about to be used, within forty-eight hours after such inspection. The report is to contain the name of the owner, the official house number and the name of the street, and the plumber performing the work, together with an accurate list of all new or additional fixtures installed on each separate premises. The plumbing inspector shall cause stop and waste cocks to be so placed as to thoroughly drain all the pipes and fixtures on each separate premises. (Ord. 245 §21, 1926).

13.04.380 Administration and enforcement--Final authority designated.

The superintendent and the fire, light and water committee of the city council shall have the authority to decide any question which may arise and which is not fully covered by this chapter, and their decision in such case shall be final. (Ord. 245 §52, 1926).

13.04.390 Administration and enforcement--Referral of dispute to city council.

In any matter of dispute the water superintendent may, in his discretion, refer the matter to the fire, light and water committee of the city council who are authorized to suspend action in such case until the matter can be acted upon by the council. (Ord. 245 §58, 1926).

13.04.400 Administration and enforcement--Council authorized to fix charges.

The water committee of the city council is authorized to fix charges for the installation of water service, from time to time, in accordance with the current cost of labor and material, said charges to be the average cost of installation on all jobs requiring not more than one hundred feet of pipe. On jobs requiring more than one hundred feet, an additional charge, based on the actual costs of labor and material, shall be made for that portion of the installation over and above the maximum base of one hundred feet used in figuring the average cost. (Ord. 344 §1, 1948: Ord. 115 §3, 1946: Ord. 245 §10, 1962).

13.04.410 Additional fixtures, purposes or families--Unlawful without additional application.

It shall be unlawful for any person whose premises are supplied with water, either at a fixed rate or through a meter, to install additional fixtures on said premises, or to apply the water to purposes other than those for which the original application was made, or to furnish water to additional families or fixtures, unless he first makes application in writing to do so upon a printed form furnished for that purpose, and in the same manner as an original application for the installation of water service. (Ord. 245 §12, 1926).

13.04.420 Additional fixtures, purposes or families--Double charges and shut-off authorized for violation.

When additional fixtures or premises are connected without the application prescribed in Section 13.04.410, such fixtures or premises may be charged at double the rate for the time they are in use, and the service may be shut off by the superintendent and a charge of two dollars made for shutting off, as provided for in this section. The service shall not be turned on again until all rates and charges against such premises have been paid in full. (Ord. 245 §11, 1926).

13.04.430 Cutting out of service connections authorized in certain situations--Reconnection.

When new buildings are to be erected on the site of old ones and it is desired to increase the size or change the location of the old service connections, or where a service connection to any premises is abandoned or allowed to be shut off for a period of one year, the superintendent may cut out or remove such service connections, after which, should a service connection be required to said premises, a new service shall be placed only upon the owner making an application and paying for a new tap in the regular manner. But any change made in the tap shall be made from the nearest point on the property line. (Ord. 245 §14, 1926).

13.04.440 Connection by certain property owners to new main--Required.

When a new main is laid in any street or alley, owners of premises on said street or alley, or within one-half block on side streets, who are being supplied with city water from a private main or other city main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main as provided for in Section 13.04.210. (Ord. 245 §15, 1926).

13.04.450 Connection by certain property owners to new main--Noncompliance.

Any person, firm or corporation owning, operating or receiving service from a private water main not complying with Section 13.04.440 within ninety days shall be notified to remove or disconnect such service or water main where it extends along or across any street or alley within the city. If the service or main is not removed or disconnected within ten days after such notice is served, the city may remove or disconnect such service or main without further notice to parties affected by such action. (Ord. 245 §16, 1926).

13.04.460 Disconnection of premises of fixture--Notice to superintendent.

Whenever the owner or occupant of any premises connected with the city’s water supply system desires to disconnect the use of water for any special purpose or through any fixtures mentioned in the original application, he shall cause such fixtures to be removed and the branch pipe of the service supplying the same to be plugged and shall notify the superintendent in writing before any reduction of rates will be made. (Ord. 245 §17, 1926).

13.04.470 Disconnection of premises--Request to superintendent--Reconnection without authorization prohibited.

A. It is unlawful for any owner of any premises connected with the city’s water supply system to disconnect the water of said premises unless he first files in the office of the superintendent, on a printed form to be furnished for that purpose, a written request that the service of water to said premises be disconnected, and pays all arrearages on water rates for said premises together with a charge of fifty cents for shutting off the water.

B. When water has been shut off from any premises upon the application of the owner thereof, or for nonpayment of water charges, or for any other cause, it shall be unlawful for any person again to connect such premises with water except when authorized to do so by the superintendent. (Ord. 245 §18, 1926)

13.04.480 Having, making or distributing curbcock key, valve key or hydrant wrench prohibited--Violation declared misdemeanor.

A. It is unlawful for any unauthorized person to knowingly have and keep in his possession or under his control any curbcock key, valve key or hydrant wrench to the city water supply system; and no person shall, without authority from the water division, make, construct, buy or sell, or in any way dispose of to any person any curbcock key, valve key or hydrant wrench to the city water supply system.

B. Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Ord. 245 §23, 1926).

13.04.490 Sprinkling--Metered premises.

Metered premises may have the use of water for sprinkling purposes at any time. During the months of June, July, August and September of each year, a special sprinkling rate for said metered premises shall be charged as follows: All water used in excess of the average for the preceding three months shall be charged for at the rate of five cents for each one hundred cubic feet used. (Ord. 115 §4, 1946: Ord. 245 §24, 1926).

13.04.500 Sprinkling and irrigation--Unmetered premises--Prohibited except at certain times--Charge.

The use of water on all unmetered premises for sprinkling or irrigating is unlawful except during the hours from six a.m. to eight a.m. and six p.m. to eight p.m., and the use of water for such purposes during any other hours is hereby prohibited. Such hours shall apply to the months of June, July, August and September of each year and the rate therefor, payable monthly at the same time the other water bills are due and payable, shall be one cent per front foot of the premises so served, with a minimum charge of fifty cents per month for each such premises. (Ord. 315 §5, 1946: Ord. 128 §2, 1944: Ord. 287 §1, 1935: Ord. 245 §25, 1926).

13.04.510 Sprinkling and irrigation--Unmetered premises--Sprinkling device restriction.

All flat-rate sprinkling or irrigation shall be done through a hose, not larger than three fourths inch, with one outlet only, such outlet to be an attached nozzle or automatic sprinkling device. (Ord. 135 §6, 1946: Ord. 245 §25, 1926).

13.04.520 Irrigation prohibited during progress of any fire.

It is unlawful for any person to use the city water for irrigation during the progress of any fire in the city, and all such use thereof shall be stopped immediately when a fire alarm is sounded, and shall not begin the use of water again until the fire is extinguished. (Ord. 245 §27, 1926).

13.04.530 Sprinkling and irrigation--Violation of Sections 13.04.490 through 13.04.520--Cut off of water.

If any person violates any of the provisions of Sections 13.04.490 through 13.04.520, the superintendent shall immediately cut off the water furnished to the premises upon which such violation is made, and shall charge two dollars for the shutting off and again turning on of such water; but the water shall not be turned on again until such fee and all unpaid and delinquent water charges shall have been fully paid. (Ord. 245 §28, 1926).

13.04.540 City reserves right to shut off water--Not liable for damage.

The city reserves the right, without notice at any time, to shut off the water supply for repairs, extension, nonpayment of rates, or any other reason; and the city shall not be liable for any damage, such as bursting of boilers, supplied by direct pressure, or bursting or breaking of pipes, or fixtures, or stoppages or interruptions of water supply, or other damage resulting from shutting off the water. (Ord. 245 §29, 1926).

13.04.550 Repair and protection of pipes and apparatus responsibility of consumer--Suspension of service for neglect.

The service pipes, connections and other apparatus serving such premises with water shall be kept in good repair and condition and must be protected from freezing at the expense of the owner, lessee or renter, who will be responsible for all damages resulting from leaks and breaks. In case of neglect to promptly repair any service or fixtures, or make any changes or alterations required in this chapter, the superintendent shall have the authority to shut off or suspend the water service to said premises until compliance is made therewith. (Ord. 245 §30, 1926).

13.04.560 Waste or unauthorized use of water prohibited--Installation of meter on violating premises.

A. It is unlawful for any person to waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use water closets without self-closing valves, or to allow any pipes or faucets to run open to prevent the service from freezing or for any other reason, or to use the water for purposes other than those named in the application upon which rates for water are based, or for any other purpose than that for which his contract provides, or to use it in violation of any provisions of this chapter.

B. If any person violates any provision of subsection

A of this section, the superintendent may, in his discretion, without notice, place a meter on such service where premises are supplied at fixed rates and shall charge for the water measured at meter rates; and unless such person makes the proper repairs and stops the waste, the water shall be cut off and shall not be turned on again until all unpaid charges have been paid and proper repairs have been made, and until there has been paid a charge of two dollars for shutting off and turning on such water service. Where a meter is installed on any service pipe as provided for in this section, such premises shall pay meter rates for a period of one year from the date of installation of the meter, and the meter shall not be removed except as otherwise provided in this chapter. (Ord. 245 §§12, 11, 1926).

13.04.570 Check valve installation requirement authorized.

Whenever there is an installation of any hot water device or water heating apparatus or device, the water superintendent may require the installation of a check valve or similar device, and it shall be the duty of the occupant of the premises to make such installation when requested. (Ord. 245 §14, 1926).

13.04.580 Refusal to grant superintendent access to premises prohibited--Shut-off for violation.

A. It is unlawful for any person to fail, neglect or refuse to give the superintendent and his duly authorized representatives free access at all reasonable hours to all parts of buildings or premises supplied with water from the city’s mains for the purpose of making assessments, inspecting the condition of pipes and fixtures, and noting the amount of water used and the manner in which it is used.

B. If any person or any occupant of any premises supplied with city water violates any provision of subsection A of this section, the superintendent may shut off such service; and such owner or occupant shall be required to pay any and all delinquent charges against such premises together with a charge of two dollars for shutting off and turning on such water before the same shall be again turned on. (Ord. 245 §§35, 36, 1926).

13.04.590 Violation of certain sections--Notice--Shutoff of water.

In case of any violation of Sections 13.04.110, 13.04.140, 13.04.410, 13.04.420, 13.04.480 through 13.04.510 or 13.04.560 through 13.04.580, the superintendent may cause a written notice thereof to be served on the owner or occupant of the premises where such violation takes place, which notice shall require the payment of the charges provided for such violation, and, if such charges are not paid within twenty-four hours from the time of the service of such notice, the water shall be turned off from such premises and shall in no case be turned on until the charges have been paid. (Ord. 245 §37, 1926).

13.04.600 Fire hydrant--Prohibited acts designated--Exceptions.

It is unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material; or to open or operate any fire hydrant, or draw or attempt to draw water therefrom or to wilfully or carelessly injure the same; and it is unlawful for any person, except when duly authorized by the superintendent, or unless he is a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stopcock belonging to the city. (Ord. 245 §47, 1926).

13.04.610 Water supply system--Prohibited acts designated--Exceptions.

It is unlawful for any person, unless duly authorized by the superintendent, to disturb, interfere with or damage any water main, water pipe, machinery, tools, meter or other appliances, buildings, improvements, or parts of the water supply system of the city, or to throw or place any substance into the reservoir, or to place any foreign substance upon any grounds belonging to or connecting with or under the control of the municipal water supply system of the city; and it is unlawful for any person to make connections with any fixtures or connect any pipe with any water main or water pipe belonging to the municipal water supply system of the city without being duly authorized to do so as provided by this chapter. (Ord. 245 §48, 1926).

13.04.620 Utilization of water system for construction purposes.

A. When a fire hydrant is utilized as a source of water by any person, other than the city or its agents, for construction, building, developmental or similar non-fire suppression purposes, a hydrant meter obtained from the city shall be utilized to control and meter any such utilization. A refundable utilization deposit shall be made for the use of such meter to insure that the meter is properly utilized and maintained as well as returned. The amount of the deposit shall be established by the city through written resolution adopted by the council and approved by the mayor.

B. Any person desiring to draw water from the city’s system shall submit such application as may be required by the director of public works. The application may require, among other items, the applicant to indicate the purposes for which the water is to be withdrawn, an indication of the time periods during which the withdrawals will occur, the estimated amounts and frequency of withdrawals, and an agreement to pay such water rates and costs may be established by the city, accompanied by such guarantee as may be satisfactory to the director. The director shall review the application and upon approval, may require the applicant to deposit with the office of the clerk-treasurer an amount equal to the hydrant meter deposit and the amount estimated by the director to represent the first month’s water bill.

C. The applicant shall be responsible for all damages to the hydrant meter as the result of anything other than normal wear and tear associated with the applicant’s utilization as well as to any hydrant utilized by the applicant, his, her or its agents, employees, or authorized subcontractors. The amount of any such damages may be withheld from any deposit on file with the city to the extent that such deposit has not been consumed through water billings.

D. Any person to whom or which a hydrant meter has been issued pursuant to this section or lawfully has such a meter in his, her or its possession shall:

1. Comply with any directive of the director of public works or his/her designee as to the method, timing, amount, or restriction of utilization of the meter;

2. Make the meter available upon forty-eight hours prior notice for reading or examination by a representative of the city;

3. Pay such rate for service as may be set by the city through written resolution of the council, the mayor concurring;

4. Pay any utility bill submitted as a result of the utilization of the meter within the time periods established by the city for the payment of water utility bills. In the event of a failure to so pay, upon request of the city, the utilization of the meter shall immediately cease and the meter be returned to the director of public works or his/her designee;

5. So long as the withdrawals are in compliance with the provisions of this section, not be deemed to be violating the provisions of Section 13.04.600. (Ord. 941 §1, 1995).

13.04.630 Utilization of water system for construction purposes--City-approved hydrant meter required.

No person shall withdraw water from the city’s municipal water system for construction, building, developmental or similar non-fire suppression purposes except through a meter approved by the city. (Ord. 943 §2, 1995).

For provisions regarding water service to premises outside the corporate limits, see Ch. 13.08 of this code.