CHAPTER 23C. UTILITY SERVICES.
Article IX. Cross-Connection Control and Backflow Prevention.
Sec. 23C-9-4. Notice, compliance schedules.
(a) The public works director shall be responsible for the protection of
the public potable water distribution system from contamination or pollution due
to the backflow or back-siphonage of contaminants or pollutants through the
water service connection. If, in the judgment of the public works director, an
approved backflow prevention device is required at the city water service
connection to any user's premises for the safety of the water system, the public
works director, or his designated agent, shall give the user notice in writing
to install such an approved backflow prevention device or to abate the hazardous
conditions to the satisfaction of the city and the approval of the state or
county health agency. The user shall immediately install such approved device or
devices, at his own expense, and failure, refusal, or inability on the part of
the user to do so shall constitute grounds for discontinuing water service to
the premises until such compliance. In the case where the water supply to a user
cannot be interrupted for inspection, repairs or maintenance, the user shall be
required to supply two backflow prevention devices of the same design and type,
(b) The notice shall clearly state that the user must apply for
a permit to correct the hazard, the time period for compliance, the appeal
rights of the user, and that water service will be discontinued should the user
fail to apply for the permit.
(c) The public works director may order
immediate disconnection of the water service without prior notice whenever
hazardous conditions exist justifying such action pursuant to Section
(d) After written notification of a backflow/back-siphonage
hazard, the user shall apply within two working days for a permit to correct the
hazard. The compliance permit shall specify a maximum allowable time period for
installation by the user and satisfactory testing of the specified backflow
protection device. The user shall pay the applicable permit fee.
the user dispute the existence of a backflow/back-siphonage hazard requiring a
backflow protection device under this article, the user may request a hearing
with the public works director or his designated agent. This request shall be
made at the time of application for the compliance permit. The hearing shall be
held as soon as possible within the period of time specified on the permit for
installation and inspection of the device. If the public works director, or his
designated agent, determines at the hearing that the device is not required
under the article, the permit fee shall be promptly refunded to the user. If the
hearing results in a determination that the device is required under the
article, the device must be installed in accordance with the compliance
(f) Should the public works director order immediate disconnection
without prior notice pursuant to Section 23C-9-3, the user shall be given notice
in writing as soon as possible. The notice shall clearly state (1) the reason
for the disconnection under this article; (2) the steps the user must take under
this article in order to have water service restored; and (3) the opportunity
for a hearing on the matter with the city manager.
(g) Failure to comply
with the procedures specified on subsections (d), (e) and (f) above may result
in immediate discontinuance of water service without prior written notice. (Ord.
No. 1113, § 4 (part).)