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, in parallel.
(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 23C-9-3(b).
(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.
(e) Should 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 permit.
(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).)