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City of Silver Lake - Ordinance #89

City of Silver Lake
The City Council of the City of Silver Lake, Minnesota does hereby ordain:
Section 1. Chapter 15, Section 4 shall be amended as follows:
Subd. 1. Water and Sewer Department. There is hereby established a water and sewer department, which shall be under the supervision of the City Council of the City of Silver Lake, Minnesota. The department shall be responsible for the management, maintenance, care, and operation of the water works and sanitary sewage system of the City of Silver Lake, Minnesota.
Subd. 2. Use Of Water Or Sewer System Restricted. No person shall make or use any water or sewer service installation connected to the city water or sewer system except pursuant to application and permit as provided in this chapter.
Subd. 3. Application for Service.
a. Procedure. Application for a water or sewer service shall be made to the City Clerk/Treasurer on forms prescribed by the City Council and furnished by the City. By his or her signature, the applicant shall agree to conform to this section, and to rules and regulations that are established by the City as conditions for the use of water.
b. Fees or Deposit. Application for a service connection shall be made by the owner of the property to be served or by his or her agent. The applicant shall at the time of making application pay to the City the amount of fees or deposit required for the installation of the service connection.
Subd. 4. Charges for Service Connections.
a. Permits and fees. No connection shall be made to the City water or sewer system without a permit received from the City Clerk/Treasurer. The permit fees shall be outlined in the City’s fee schedule.
b. Connection fees. When a connection requires installation of a service line from the main to the property line, the applicant shall bear the cost of making the necessary connections, tapes, and installation of pipe and appurtenances to provide service to the property and necessary street repairs.
c. Base fees. Base fees shall be charged to any property that has a water meter installed and connected to the City water system. Said base fees shall be outlined on the City’s fee schedule.
d. Water meter cost. At such time as a water connection is made to the City water system, the owner shall purchase a meter approved by the City and shall have said meter installed. The City shall provide the meter to the owner at the cost billed to the City, with any appropriate allowance for cost of freight, etc. No meter shall be installed upon any water system in the City of Silver Lake, Minnesota, or water system connected to the water system of the City of Silver Lake, Minnesota, unless prior approval is obtained from the City Clerk/Treasurer.
e. Certification. No permit shall be issued to connect with any water or sanitary sewer main unless the City Clerk/Treasurer certifies to the truth of one of the following or payment as required in Paragraph "f" is made.
i. That the lot or tract to be served has been assessed for the cost of construction of the main with which the connection is made or the proceedings for levying such assessment have been or will be commenced in due course; or
ii. That the cost of construction of the main has been paid by the developer or builder platting the lot or tract; or
iii. That, if neither of the foregoing is true, a sum equal to the portion of the cost of constructing the main which would be assessable against the lot or parcel has been paid to the City.
f. Additional connection fees. If no such certificate can be issued, the applicant shall pay an additional connection fee equal to the portion of the cost of construction of the main upon the same basis as any assessment previously levied against other property for the main. The determination shall be made by the City Clerk/Treasurer. If no such assessment has been levied, the assessable cost shall be determined upon the basis of the uniform charge which may have been or will be charged for similar connection with the main. The amount shall be determined on the basis of the total assessable cost of the main allocated on the basis of frontage. Where the assessable cost cannot be determined, the charge shall be determined by the City Council at the time of connection.
Subd. 5. Accounting, billing and collecting.
a. Accounts in name of owner. All accounts shall be in the name of the owner. The owner shall be liable for water supplied to his property, whether he or she is occupying the property or not, and any charges unpaid shall be a lien upon the property. The owner may request that the bill be sent directly to the occupant of the property. In the event the bill becomes delinquent, the City Clerk/Treasurer may advise the owner and the occupant of said delinquency in accord with this section.
b. Bill for service. Water and sewer charges shall be billed together. Bills shall be mailed to the customer on a monthly basis and shall specify the water consumed and the sewer and water charges in accordance with the rates set out in this section.
c. Delinquent Accounts. (Amended August 24, 1997) All charges for water and sewer shall be billed on a monthly basis and on the date specified by the City for the respective account. Failure to pay on or before the specified due date shall result in extra administrative fee as outlined in the City’s fee schedule. Failure to pay within 30 days after the specified due date may result in a determination to discontinue services subject to paragraph “d” of this section. In any case, where satisfactory arrangements for payment have not been made, the water department may, after the procedural requirement of paragraph “d” has been complied with, discontinue service to the delinquent customer by shutting off the water at the stop box. When water service to any premises has been discontinued, base fees as set pursuant to the City’s fee schedule shall continue to be charged so long as a water meter is connected to the City’s water system. Water service may not be restored except upon payment of all delinquent bills plus a penalty fee and a service fee for water turn off and on. Said penalty and services fees shall be outlined on the City’s fee schedule. In cases where the service has been discontinued with payments not forthcoming, the Administrator’s office shall prepare an assessment role each year providing for assessments of the delinquent accounts against the properties served. The assessment role shall be delivered to the Council for adoption on or before the Council's general meeting for the month of October of each year for collection along with taxes.
d. Procedure for shutoff of service. (Amended August 24, 1997) Water service shall not be discontinued under paragraph "c" or for a violation of rules and regulations affecting utility service, until notice and an opportunity for a hearing have first been given the occupant of the premises involved. The notice shall be personally served, sent by registered mail or by an official letter. The notice shall state that if payment is not made before a day stated in the notice but not more than ten (10) working days after the date on which the notice is given, the water supply to the premises will be shut off. The notice shall also state that the customer may, before such date, demand a hearing on the matter, in which case the supply will not be shut off until after the hearing is held. If the customer requests a hearing before the date specified, a hearing shall be held on the matter by the City Council at the next regularly scheduled council meeting. If as a result of the hearing, the City Council finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this section, the City may shut off the supply. An additional administrative fee as outlined in the City’s fee schedule may be charged before the water supply is continued.
Subd. 6. Water systems.
a. General water regulations.
i. Discontinuance of service. The City may discontinue service to any water consumer without notice for necessary repairs, or upon notice for non-payment of charges, or violation of rules and regulations affecting utility service.
ii. Supply from one service. No more than one house or building shall be supplied from one service connection.
iii. Turning on water, tapping mains. No person except an authorized City employee shall turn on any water supply at the stop box or tap any distributing main or pipe of the water system supply or insert a stop cock or other appurtenance therein without a City permit.
iv. Repair of leaks. The consumer or owner shall be responsible for the installation and maintenance of the service pipe from the main in to the building served. Such service pipes shall be all reasonable times subject to inspection by duly authorized officials of the City, and if repairs are ordered by the City, they must be made within twenty-four (24) hours of such notice, and if said repairs are not made, within said period, the City may turn the water off.
v. Use of fire hydrants. No person other than an authorized City employee shall operate a fire hydrant or interfere in any way with the City water system without first obtaining authority to do so from the City Clerk/Treasurer.
vi. Private water supply. No water pipe of the City water supply system shall be connected with any pump, well, or tank that is connected with any other source of water supply. When such connection is found, the Water Department shall notify the owner to sever the connection and if this is not done immediately, the city shall turn off the water supply forthwith. Before any new connection to the City system is permitted, the department shall ascertain that no cross connection will exist when the new connection is made.
vii. Restricted hours. Whenever the City Council determines that a shortage of water supply threatens the City, it may, by resolution, limit the times and hours during which City water may be used for sprinkling, irrigation, car washing, air conditioning, or other specified uses. After publication of the resolution or two (2) days after the mailing of the resolution to each customer, no person shall use or permit water to be used in violation of the resolution and any customer who does so shall be charged $100 for each day of violation and the charge shall be added to his or her next water bill. If the emergency requires immediate compliance with terms of the resolution, the City Council may provide for delivery of a copy of the resolution shall be subject to the charge provided above. Continued violation shall be cause for discontinuance of water service.
viii. Permitting use by others. No person shall permit City water to be used for any purpose except upon his or her own premises except in an emergency and then only if written permission is first obtained for the City Clerk/Treasurer. Anyone wishing to obtain water from a hydrant for construction purposes shall make application to the City Clerk/Treasurer for such services.
b. Meters.
i. Meters required. Except for the extinguishment of fires, no person other than an authorized City employee shall use water from the City water supply system or permit water to be drawn therefrom unless the water passes through a meter approved by the City. No person shall connect, disconnect, take apart, or in any such manner change or interfere with any such meter or its use. Said meters shall remain intact and in the same condition as installed pursuant to this section.
ii. Water meter setting. Every water meter shall be installed in accordance with the following provisions.
iii. Type of Meter Required. Each water consumer shall at their own expense install a remote reading meter of a type approved by the Water Department. The installation shall comply with the directions and requirements of the Water Department. Each water consumer shall pay to the City of Silver Lake, upon receipt of a statement therefore, the cost of the remote reading water meter outlined in the City’s fee schedule.
iv. The installation of the remote reading meters shall be completed within ninety (90) days after notification from the City.
1. The service pipe from the water main to the meter shall be brought through the floor in a vertical position where the pipe enters the building. The stop and waste valve shall be twelve (12) inches above the floor.
2. The bottom of the meter shall be between six (6) and twelve (12) inches above the finished floor line. The meter shall be set not more than twelve (12) inches horizontally from the inside line of the basement wall unless a different position is approved by the Water Department. A suitable bracket shall be provided to support the meter in a proper vertical position and prevent noise from vibrating.
3. Each meter installed shall have a stop and waste valve on the street side of the meter. In no case shall more than twelve (12) inches of pipe be exposed between the point of entrance through the basement floor and the stop and waste valve. A stop and waste valve shall also be installed on the house side of the water meter.
4. The water pipe connecting with the main shall not exceed two (2) feet under the basement floor from the inside of the basement wall to the water meter connection.
5. Meter setting devices for 5/8 inch, 3/4 inch, and 1-inch meters shall be of copper pipe or tubing from the terminus of the service pipe up to and including the stop and waste value on the building site.
v. Complaints: meter testing. When a consumer complains that the bill for any past service period is excessive, the City shall have the meter re-read on request. If the consumer remains unsatisfied, he or she may, on written request, have the meter tested. If the test shows an error in the City's favor exceeding five percent of the water consumed, an accurate meter shall be installed, and the bill shall be adjusted accordingly. The cost of the meter shall be paid by the consumer, at the cost figure as provided in Section 4, Subd. 4d of this Chapter. Such adjustment shall not exceed back more than one service period from the date of the written request.
c. Plumbing regulations.
i. Service pipes. Every service pipe shall be laid with sufficient bend to allow not less than one (1) foot of extra length and in such manner as to prevent rupture by settlement. The service pipe shall be placed not less than seven (7) feet below the surface and be so arranged as to prevent rupture by freezing. A shut-off or other stop cock with waste value of the size and strength required shall be placed close to the inside wall of the building and be well protected from freezing. Copper tubing shall be used for all services of two (2) inches or less. Joints on copper tubing shall be as few as possible and not more than one joint shall be used for a service up to seventy (70) feet in length. Each joint shall be left uncovered until inspected by the City. Every service over two (2) inches shall be of cast iron. Connections with the mains for domestic supply shall be at least 3/4 of an inch.
d. Water rates.
i. Rate schedule. Each water use shall pay for water used. The rates to be paid shall be set by the City Council by resolution from time to time and shall be payable on a monthly basis.
Section 2: This revised ordinance shall take force and be in effect from and after its passage and publication.
Adopted this 19th day of March, 2018.

Bruce Bebo, Its Mayor

Jon Jerabek, Its City Clerk

(Published in The McLeod County Chronicle March 28, 2018)