CHAPTER 23C. UTILITY SERVICES.
Article VII. Water Service.
Sec. 23C-7-10. Prohibited acts.
(a) Connections Without Permit or Safeguards Prohibited. It shall be
unlawful for any person to attach or cause attachment of a service pipe to a
city water main, fire hydrant, or the like, or to allow attachment of another
service pipe to one's own city authorized service pipe without first obtaining
permission to do so from the city engineer or his designated representative, and
no connection shall be made between the city water system and any part of a
sewer system without first providing the safeguards required by the State Health
Code.
(b) Use of Pipe or Hydrant Following Shutoff Prohibited. Whenever, for
any cause, the city engineer or his designated representative shall shut off any
hydrant or pipe carrying or discharging water from the works of the city, it
shall be unlawful for any person to open such hydrant, or pipe or to turn on or
use any water from such hydrant or water pipe without first obtaining written
permission from the city engineer or his designated
representative.
(c) Obstructing Access to Water Facilities Prohibited. No
person shall place upon or about any fire hydrant, water gate, or curb-stock or
stopcock connected with the city's water system, any building material or other
obstruction that prevents free access to same.
(d) The city has adopted an
urban water management plan pursuant to state law, a purpose of which is to
actively pursue the conservation and efficient use of water. To implement said
plan, the following regulations shall
apply:
(1) Definitions.
(i) Conservation shall mean those measures that
limit the amount of water used to that which is reasonably necessary for the
beneficial use to be served.
(ii) Efficient use shall mean those management
measures that result in the most effective use of water so as to prevent its
waste or unreasonable use or unreasonable method of use.
(2) Upon a
determination of failure of conservation or efficient use resulting in water
waste, the public works director or his designated representative, shall issue a
notice to the person committing said waste to cease such water waste. Should
said person fail to appeal from the notice as set forth in subsection (d)(3)
hereof, or fail to cease committing such water waste within ten days of receipt
of the notice, the public works director is authorized to take one or more of
the following actions:
(i) Install a water meter at such person's premises
at that person's expense;
(ii) Install a flow-restriction device at such
person's premises at that person's expense;
(iii) Install or require the
installation of any other water conservation device, at such person's premise,
at that person's expense, as deemed appropriate by resolution of the city
council.
(3) Any person receiving notice as set forth above shall have the
right to appeal such notice to the public works director, by filing written
notice of appeal with the city clerk within ten days of receipt of such notice.
Upon receipt of a notice of appeal a hearing will be scheduled within twenty
days of the filing of the notice of appeal.
(4) Violations.
(i) Any
person, business entity or corporation violating, causing or permitting the
violation of any provisions of this section shall be guilty of an infraction.
Upon conviction of a first offense, such person, entity or corporation shall pay
a fine of not less than twenty-five dollars. Upon conviction of any subsequent
offense, a fine of not less than fifty dollars shall be imposed.
(ii) Any
building, or portion thereof, erected so as to cause any violation of this
section is hereby declared to be a nuisance and the city attorney shall be
authorized to commence action for abatement of said nuisance. This remedy shall
be cumulative to any other remedies set forth in this section or under any other
law. (Ord. No. 952, § 2; Ord. No. 1113, § 2.)
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