Chapter 13A.15


13A.15.010  Application for service.

13A.15.020  Meters required--Exceptions.

13A.15.030  Responsibility and liability of customer and town.

13A.15.040  Interruption of service.

13A.15.050  Service outside of town limits.

13A.15.010 Application for service.

Any person desiring to connect to the water system shall make application therefor through the department of public works on such forms as are provided by the director.  The application must be signed by the applicant and be accompanied by payment for any required charges or fees.  The application is merely a written request for service and does not obligate the town to provide service.  (Ord. 242 (part), 1991)

13A.15.020 Meters required--Exceptions.

There shall be no unmetered connections to the water system, except:

A.  To fire hydrants;

B.  To automatic sprinkler systems for fire protection services when the unmetered connections are approved by the director;

C.  To fire service lines;

D.  Existing unmetered services on the date of the ordinance codified in this title; provided, however, such existing unmetered services shall become metered in the event of any substantial changes by the owner to the water service.  (Ord. 242 (part), 1991)

13A.15.030 Responsibility and liability of customer and town.

A.  The town, its officers and employees shall not be responsible for any loss or damage of any nature whatsoever caused by:

1.  Any defect in the customer's line, plumbing or equipment;

2.  Water passing through the customer's valves and pipes which may be open or defective at the time water is ordered turned on by the customer;

3.  High or low water pressure conditions, water interruptions, or shortage or insufficiency of water supply.  The use of water upon the premises of the customer is at the risk of the customer and the responsibility of the town shall cease at the point of delivery of water which shall be at the customer's side of the water meter;

4.  Water service being temporarily interrupted as provided for in Section 13A.15.040 or cutoff to a user for nonpayment of charges as provided for in Section 13A.35.030;

5.  The effects resulting from the breaking of a pipe, connection, or other part of the water system because of pressure, accident, or other cause which is not the fault of the town.

B.  The town does not assume the duty of inspecting a customer's water line, plumbing or equipment located beyond the customer's side of the water meter to points of water usage on a customer's premises and shall not be responsible therefor and will not be responsible if a customer fails to receive water service on the customer's premises on account of defective piping, plumbing or apparatus located on the customer's side of a water meter.  (Ord. 242 (part), 1991)

13A.15.040 Interruption of service.

A.  Emergencies.  The director may at any time and without notice cause water service to be cut off to any premises serviced by the water system when the director determines that an emergency exists.

B.  Nonemergencies.  When water service will be cut off to a premises for nonemergency purposes of inspection, extension or repair, then before such cutoff the director shall give notice thereof to the user affected by the cutoff as far in advance of the actual cutoff as the director determines is appropriate under the circumstances by at least one of the following methods which the director determines will be reasonably calculated to timely inform the affected user of the cutoff:

1.  Telephone;

2.  Television;

3.  Radio;

4.  Newspaper;

5.  Mail;

6.  Personal contact; or

7.  Notification left at the premises.

C.  Disaster.  In case of severe dry weather or other disaster, the town council may restrict, ration or curtail the use of water from the water system in order to protect the public health and safety.  (Ord. 242 (part), 1991)

13A.15.050 Service outside of town limits.

Those water users whose property is situated outside of the corporate town limits of the town of Wilbur who are being provided water on the effective date of the ordinance codified in this section may continue to receive water so long as the water user complies with all rules and regulations as set out in this title and any other applicable provision determined by the town council, including the payment of all current or future required fees.  The town shall not be required to maintain any pipes situated outside town corporate limits.  The out-of-town water users, fees shall be as determined from time to time by the town council and shall be specially set for out-of-town water users and shall be higher than the cost required to be paid in order to receive a similar service within the town corporate limits.  It shall be the general policy of the town of Wilbur not to provide out-of-town distribution of water services unless the applicant can show a unique or other special reason or circumstance having to do with the applicant's property such as:  the water user is seeking to connect to an already existing water main which requires no extension thereof (i.e., the water user is closer to the town limits than other water users who have prior water use); or there are extraordinary conditions unique to the water user or the water user's property which would otherwise preclude water use from any other source and it is deemed to be in the best interests of the town water system to provide water.  Nothing in this section shall be construed to create a right to use water in favor of property owners located outside the town corporate limits.  All applications for water use for water service to be delivered to property located outside of the town corporate limits shall be submitted to the town council and no such water use service shall be provided without authorization from the town council following a public hearing.  Domestic (household) usage of water only shall be permitted for out-of-town water users.  (Ord. 315 §2, 1997:  Ord. 242 (part), 1991)