Chapter XVI · Utilities

Article 1. General Provisions & Utility Administration

Sections 16-101 to 16-133 · 33 sections

16-101 Definition.

For the purpose of this Chapter, the word “utility” shall be construed to mean and include water, wastewater, sanitary sewer, stormwater, and/or any other utility service furnished by the City to consumers thereof.

(Code 1970, 271)

16-102 Scope of Chapter Provisions.

All pertinent provisions of this Chapter are hereby made a part of the terms and conditions whereby the City shall furnish any utility service to any person; or whereby the City shall make any utility connections, or perform any work of any kind in connection with the furnishing of any utility service.

(Code 1970, 272)

16-103 Service to Comply with Technical Regulations.

Any utility service furnished under the provisions of this Chapter shall be in accordance with and compliance with all applicable technical provisions of this code, State law and City ordinances, rules and regulations.

(Code 1970, 273)

16-104 Termination for Noncompliance with Provisions.

The City shall have the right to disconnect or refuse to connect or reconnect any utility service which does not meet the applicable provisions of this code, State law or City ordinances, rules or regulations.

(Code 1970, 274)

16-105 Liability of City for Damage.

The City shall not be liable for any damage to the property of any consumer of any utility service furnished by the City due to back flow of the sanitary sewer system, failure of the sanitary sewer or water supply, interruption of service or any other cause outside the direct control of the City.

(Code 1970, 275)

16-106 Sale of Service by Customer.

It shall be unlawful for any person to resell any utility service obtained from the City to others except by units of local government or recognized and licensed utility companies, and then only by special arrangement with the City.

(Code 1970, 276)

16-107 Temporary Interruption of Service.

The City reserves the right to cut off any utility service without notice in case of emergencies. When an interruption in service is necessary for maintenance and improvement to the utility system, affected consumers thereof will be notified as circumstances permit.

(Code 1970, 277)

16-108 Utility Service; Application Required.

No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public utility line or appurtenance thereof without first obtaining a written permit from the City. Each dwelling house owner who shall be required or desire to make a utility service connection shall first make application in writing therefor to the Building Official, who shall issue a permit therefor.

(Code 1970, 279, 27-79; Code 2014)

16-109 Same; Permit.

Upon the approval of the application for any utility service, the Codes Clerk shall issue a permit therefor.

(Code 1970, 2710)

16-110 Same; Use Without Permit.

It shall be unlawful for any person not having a permit to use any utility service offered by the City or to make any connection thereto.

(Code 1970, 2711)

16-111 Same; Use Contrary to Permit.

Any person having a permit from the City for the use of any utility service offered by the City who shall use such utility service for any purpose other than mentioned in such permit shall be deemed guilty of a misdemeanor.

(Code 1970, 2712)

16-112 Same; Use Assumed.

All premises connected to any utility service of the City shall be assumed to be using such utility service and the owner or occupant shall be charged therefore so long as such premises shall remain connected with the utility service.

(Code 1970, 2713)

16-113 Same; Restricted to One Applicant.

It shall be unlawful for any person who obtains any utility service from the City to habitually permit any other person to use such utility service for another structure.

(Code 1970, 2714; Code 2014)

16-114 Notification and Inspection, Approval.

(a)The applicant for the utility service shall notify the Utilities Department when the water and/or sanitary sewer is ready for inspection and connection to the public system. All connections shall be made under the supervision of the Utilities Department Staff.

(b)All completed work for the installation of utility service lines shall be inspected by the Utility Department staff, and no backfill shall occur unless and until inspection and approval of the work by the City.

(Code 1970, 2783; Ord. 1397, Art. IV, Sec. 10)

16-115 Same; Costs.

All costs and expense incident to the installation and connection of the utility service shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the utility service.

(Ord. 1397, Art. IV, Sec. 3)

16-116 Separate Connections.

Single family residential structures shall have a separate water meter and sewer connection to the City’s mains per building or lot of record. Residential structures with more than one and up to four (4) units may have a single water meter or separate water meters for each unit but shall have a separate sewer connection for each unit to the City’s mains.

Each multifamily residential building or structure with more than four (4) dwelling units shall have one water meter and one sewer connection to the City’s mains. Each commercial or industrial development on a single lot of record shall have a separate water meter and sewer connection to the City’s mains, but may have separate connections for multiple buildings.

(Code 1970, 2715, Ord. 2338)

16-117 Connections to Service.

Connections for any utility service furnished by the City shall be made only by the City under the supervision of the Utilities Director, and/or his designee.

(Code 1970, 2716)

16-118 Consumers to Maintain Own Service.

All persons taking any utility service from the City shall maintain their own service pipes, from the building to the meter, and protect the same to include the meter from frost at their own risk and expense, and shall prevent any damage to meter pits or to meter radio transponders.

(Code 1970, 2718)

16-119 When Payment Due.

All bills for utility services furnished by the City shall be due and payable prior to midnight of the 20th day following the date of such bill. Should the due day fall on a Sunday or holiday observed by the City, the next following business day shall be allowed as a day of grace for payment.

(Ord. 1614, Sec. 6)

16-120 Penalty for Delinquent Payment.

Any person who fails, refuses or neglects to pay the billing for any utility service as required by this article shall be subject to a charge equal to a percent of the amount of such bill as approved by the City Council.

(Ord. 1234, Sec. 2; Code 1989; Ord. 2539)

16-121 Disconnection for Nonpayment.

In the event bills for utility services shall not be paid when due, the City shall have the right to disconnect and discontinue utility services furnished by the City to the consumer so in arrears as provided in Section 16122. In addition to the notice provided by Section 16122, and on or about the 29th day after the billing date of the utility bill or upon conclusion of the hearing, if any is requested as provided for in Section 16122, whichever is later, the City shall again give written notice of delinquency delivered to the premises and affixed or hung on the door notifying the customer that unless the utility bill is paid immediately the service will be terminated and disconnected the following day. The termination notice fee for such service shall be established by the City Council which will be added to the following month’s utility billing. In the event service is terminated and disconnected and thereafter the amount of the bill and all other related penalties and charges are paid and security deposits, if any, paid or upon compliance with the terms agreed upon by the City at or before hearing are fulfilled, there shall be an additional Water Reconnect Fee charged as approved by the City Council to reconnect service.

(Ord. 1696; Ord. 2080; Ord. 2225)

16-122 Delinquent Accounts.

Water or other utility service shall be terminated for nonpayment of service fees or charges as follows:

(a)A delinquency and termination notice shall be issued by the Utility Billing Clerk within ten (10) days after the delinquency occurs and mailed to the customer at his or her last known address.

(b)The notice shall state:

(1)The amount due, plus late payment charge;

(2)That service will be terminated if the amount due is not paid within nine (9) days from the date of the notice;

(3)That the customer has the right to a hearing;

(4)That the request for a hearing must be in writing and filed with the City Clerk no later than three (3) days prior to the date for termination of service.

(c)Upon receipt of a request for hearing, the City Clerk shall advise the customer of the date, time and place of the hearing which shall be held within three (3) working days following receipt of the request.

(d)Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the Utility Director. If the officer finds that service should be terminated, an order shall be issued terminating service five (5) days after the date of the order. The customer shall be notified either in person or by mailing a letter to his last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed ten (10) days, for the termination of such service.

(Code 1989)

16-123 Voluntary Discontinuance of Service.

Consumers who wish to discontinue the use of any utility service furnished by the City shall give notice thereof to the Utility Billing Clerk. Failure to do so shall render such consumers liable for the payment of all bills until such notice has been given.

(Code 1970, 2743)

16-124 Security Deposits.

(a)Security deposits for utility services furnished by the City shall be as approved by the City Council for the following services:

(1)For residential services;

(2)For all other users, to include but not limited to commercial and industrial users, the amount of such deposit shall be the estimated amount of one (1) month’s utility billing, but in no such case shall the amount of such deposit be less than the fee as established by the City Council for residential services;

(3)Security deposits for new residential customers may be waived by the Finance Director:

(A)Upon receipt of a letter from another utility stating that the new customer had been a utility customer of that company for more than one (1) year prior to the date of that letter and had paid all utility bills prior to the due date during a period of at least one (1) year prior to the date of the letter;

(B)Receipt of a duly executed and acknowledged guaranty from a person who has been a utility customer of the City for at least one (1) year that he or she will guarantee payment of the new customer’s bill if the new customer does not pay his or her utility bill by the due date thereof;

(C)The new customer has been a prior customer of the City and has a good payment history.

(4)If a security deposit has been waived as provided in Subsection (3) above and the new customer becomes delinquent or, if demand is made upon a guarantor for payment of the new customers delinquent bill by a guarantor, then and in either of these events the new customer will be required to establish a security deposit with the City.

(Ord. 1615, Sec. 1)

16-125 Utility Bill Credit.

Subject to the restrictions herein set forth, there is hereby granted to eligible persons as defined in Section 16-126, a credit of the total of each month’s combined water, wastewater treatment and refuse bill (utility bill) which credit shall be deducted from the utility bills of such persons.

(a)20 percent of the total of each month’s water and wastewater treatment bill shall be deducted from the utility bill of such eligible persons.

(b)A sum of $2 will be deducted from each month’s refuse bill for eligible persons provided the refuse contractor makes this credit available to the City.

(Ord. 1241)

16-126 Same; Eligibility

Eligible persons are defined for the purposes of this Article as those natural persons who meet the following criteria:

(a)They are residents and citizens of the City;

(b)The head of the household is at least 65 years of age;

(c)The combined income of all occupants of the residence over 21 years of age is less than the SSI or as otherwise established by the City Council;

(d)They are owning or renting the residence and receiving utility bills from the City in their own name.

(Ord. 1705, Sec. 1)

16-127 Same; Non-Eligibility.

No utility credit shall be allowed:

(a)For any eligible person in any month on the amount billed for water usage in excess of 4,000 gallons;

(b)For any business or commercial enterprise or on any bill in the name of a firm, partnership, corporation or joint venture;

(c)To any person who ceases to meet the eligibility requirements herein;

(d)For the cost of any utility service not received from the City.

(Ord. 1237)

16-128 Same; Application.

All persons who seek eligibility for the utility credit granted herein shall annually make application to the Utility Billing Clerk on forms provided by the City for that purpose and shall furnish such information as required and necessary to establish their eligibility. All applications shall be reviewed and approved or disapproved as directed by the Finance Director.

(Ord. 1237, Sec. 4)

16-129 Same; Commencement.

All credits hereunder shall commence effective at the next billing cycle after approval of eligibility by the City.

(Ord. 1237, Sec. 5)

16-130 Same; False, Misleading Information.

The amount of all utility credits granted to any person based on false or misleading information submitted to the City by such person shall be refunded to the City. After demand, should such person refuse to refund such amount to the City, the amount shall be added to the utility bill at the direction of the City Manager.

(Ord. 1237, Sec. 5)

16-131 Same.

Any person who submits false or misleading information to the City for purposes of establishing eligibility for the credit granted herein, shall be guilty of a violation of this code.

(Ord. 1237, Sec. 7)

16-132 Injure/Tamper with Water or Sanitary Sewer Systems.

It shall be unlawful for any person other than a duly authorized employee of the City to:

(a)Alter, change, deface, remove, tamper or interfere with, open or in any other way molest any water meter, valves or mains in the City, or

(b)Alter, change, deface, remove, tamper or interfere with, open or in any other way molest any sewer mains, markers, manholes structures, appurtenances, or equipment which is part of the sanitary sewer system.

(Code 1970; Ord. 2169; Ord. 2220; Code 2014)

16-133 Violations; Costs and Fines.

(a)Any person found to be in violation of any provision of this Chapter, except Section 16328, shall be subject to the General Penalty provisions of Article I Administration, Section 1116.

(b)Any person in violation of any of the provisions of this Chapter shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. The City shall have the right to bill for expenses on the person’s monthly utility bill or billed through Accounts Receivable.

(Ord. 1397, Art. VIII, Secs. 1:3; Ord. 1829; Ord. 2220)