Chapter 13A.10


13A.10.010  Authority of the director.

13A.10.020  Easements.

13A.10.030  Consent to inspection.

13A.10.040  Inspections--Right of entry.

13A.10.050  Permits, fees and charges.

13A.10.060  Maintenance of water system.

13A.10.070  Unauthorized use or interference with waterlines prohibited.

13A.10.080  Correction and discontinuance of unsafe, nonconforming or unauthorized conditions.

13A.10.090  Violation--Penalty.

13A.10.100  Provisions not exclusive.

13A.10.110  General duty.

13A.10.130  Appeal.

13A.10.010 Authority of the director.

The director shall have the authority to:

A.  Administer the acquisition, design, construction, maintenance and operation of the water system;

B.  Administer and enforce the provisions of this title relating to the design, construction, alteration, extension, maintenance, operation and use of the water system;

C.  Inspect the water system and that portion of private systems up to and including backflow prevention devices installed to separate or isolate a customer's premises from the water system as needed to determine compliance of such systems with the provisions of this title.  (Ord. 242 (part), 1991)

13A.10.020 Easements.

As a condition of granting permission to a person seeking permission to connect to the water system, the director may require that such person convey to the town an easement for water line purposes.  The scope of the easement may be as broad as the director determines is necessary to make such connection and to provide for a compatible present integration with the water system and its future expansion.  (Ord. 242 (part), 1991)

13A.10.030 Consent to inspection.

As a condition of issuing any permit or authorization--which requires approval of the director, each person holding such a permit or authorization and their successors shall be required to consent to reasonable inspections by the director of the property for which the permit or authorization has been granted.  Failure to grant the required consent shall be cause for revoking the permit or authorization.  (Ord. 242 (part), 1991)

13A.10.040 Inspections--Right of entry.

Whenever the director determines that it is necessary to enter upon a customer's premises to make an inspection or to enforce any of the provisions of this title, or whenever the director has reasonable cause to believe there exists on a customer's premises any condition which is potentially hazardous to the water system, the director may enter onto such premises at all reasonable times to inspect and take whatever action the director determines is appropriate to correct the unsafe condition; provided the director shall first make a reasonable effort to contact the user or customer and present proper credentials to such person prior to requesting entry onto the premises.  If entry is refused, the director shall have recourse to every remedy provided by law to secure entry.  (Ord. 242 (part), 1991)

13A.10.050 Permits, fees and charges.

The town council may by resolution establish fees to be charged as a condition for the issuance of any permit or authorization requiring approval of the director or in responding to a request for services to be provided by employees of the town such as, but not limited to, plan review, permit processing, engineering, inspection, installation of water meters and water service connections and testing of meters.  (Ord. 242 (part), 1991)

13A.10.060 Maintenance of water system.

All tanks, reservoirs, water meters, water mains, pipe, couplings, shutoff valves, stop cocks and every other kind of equipment or material in use or in place as a part of the town's water system and which are located in any street, alley, city park, city property or in any easement or franchise belonging to the town or located upon private property from a water main of the water system to and including the water meter belonging to the town and are subject to the exclusive control and regulation of the town.  All pipe and connections from the water meter to the premises served by town water are the property and the sole responsibility of the customer.  (Ord. 242 (part), 1991)

13A.10.070 Unauthorized use or interference with waterlines prohibited.

No person shall:

A.  Procure water in any manner from the water system without having first applied for and obtained water service from the town as provided for in Chapter 13A.15;

B.  Interfere in any manner with any water pipeline or other device in the water system without the prior permission of the director;

C.  Tamper with any valves, curbstops, water meters in the water system, or in any other manner tamper with or alter the water system for the purpose of turning water on or off without the prior permission of the director;

D.  Cut, alter, change, remove, disconnect, connect with, or in any manner interfere, meddle or tamper with any fire hydrant installed on the water system; provided, however, that the prohibition of this subsection shall not apply to:

1.  Personnel of the fire department when acting in their line of duty; or

2.  Persons connecting to fire hydrants who have obtained prior permission to do so from the director;

E.  Make any physical connection between a private water supply and the water system without the approval of the director.  (Ord. 242 (part), 1991)

13A.10.080 Correction and discontinuance of unsafe, nonconforming or unauthorized conditions.

Whenever the director determines that a condition existing on any premises is in violation of or contrary to any provision of this title, the director may order the correction of such condition or the discontinuance of any activity causing the condition.  (Ord. 242 (part), 1991)

13A.10.090 Violation--Penalty.

Any violation of this title is a civil infraction punishable by a fine as set forth in Section 1.08.030.  Each day such violation is committed or permitted to continue shall constitute a separate offense.  (Ord. 376 §25, 2001:  Ord. 367 §32, 2001:  Ord. 242 (part), 1991)

13A.10.100 Provisions not exclusive.

Nothing in this title shall be construed to abrogate or impair the power of the town to enforce any provision thereof by any action not specifically provided for in this title.  Powers conferred by this title are additional and supplemental to powers conferred by other laws.  (Ord. 242 (part), 1991)

13A.10.110 General duty.

None of the provisions of this title are intended to create a cause of action or provide the basis for a claim against the town, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals.  Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public.  (Ord. 242 (part), 1991)

13A.10.130 Appeal.

All decisions of the director may be appealed to the town council.  Any such appeal must be made by written notice filed with the town clerk within seven days of the director's decision.  (Ord. 242 (part), 1991)