ORDINANCE NO. 6.04

AN ORDINANCE RELATING TO THE USE OF WATER FROM MUNICIPAL WATER SUPPLY, AND PROVIDING PENALTIES FOR CERTAIN VIOLATIONS.

                                   THE CITY OF ROYALTON ORDAINS:
SECTION  1.        When used in this ordinance, unless the context otherwise
                               requires--

(a)    "City" means City of Royalton or its officers or employees authorized to perform the function to which there is reference.

(b)    "Application" means an application in writing for a permit to connect to the City water works.

(c)     "Permit" means the act of the Council granting permission to connect to the City water works, and also the permission so granted which continues until withdrawal or suspension thereof.

(d)    "Water works" means the entire municipal water system of the City, including without being limited to, water mains.

(e)    "Clerk and Treasurer" mean, respectively, City Clerk and City Treasurer and their duly appointed deputies.

(f)      "Council" means City Council.

(g)    "User" means one to whom a permit is given, or one who has applied for a permit and who subsequently is given a permit.

(h)     "Person" means an individual, corporation, partnership, or association. A corporation in this sense may be either a private or public corporation.

(i)      "Connect (or Connection)" means or refers to physical connection between a person's private water installation and water works in a manner which will make service possible.

(j)      "Notice" means a notice in writing directed to the use affected for the time required by this ordinance which states briefly the conditions which is the reason for the notice and the consequences which will result upon failure to correct that condition within the period of the notice. A notice shall be deemed given when either it is personally served on the user to whom directed or is mailed to him at the address shown in his application.

SECTION  2.        CONNECTIONS.

(a)         No person may connect to the City's water works or be connected to the City water system or have service without a permit and shall pay such charges and deposits as the City shall, from time to time, establish by resolution.

(b)         The person desiring a permit shall apply to the City in writing on such a form as the City shall, from time to time, establish. Said application shall be accompanied by the amount required for initial connection charges and deposits.

(c)         Prior to permitting any person to connect to the City water system, the City may inspect proposed user's premisses and in particular the installation to ascertain if such installation and premises are proper and in compliance with all local and state health codes, laws and regulations.

(d)         The owner or occupant of any structure connected to the municipal water system, may not terminate the connection to the water system, and no private well or water system may be used to service the structure, in lieu of or in addition to the municipal water system. No private well may be used to service a structure, once the structure has been connected to the municipal water  system.

(e)         The owner of every residence, business or industrial building in the City with a municipal water main running by the property shall install, at his own expense, a connection to said water main unless the property is being served by a private well which is not connected to the municipal water system as of the date on which this ordinance is passed by the City Council. However, the owner shall not replace said well should the same become inoperable, but shall connect the premises to the municipal water system in lieu of replacing said well.

SECTION  3.     ACCOUNTING, BILLING AND COLLECTING.

(a)         All accounts shall be carried in the name of the owner or lessee. In any event, the owner of the property shall be liable for water, sanitary sewer and charges for solid waste and recycling services supplied to the property, whether the owner is occupying the property or not, and any charges unpaid shall be a lien upon the property.

(b)         The rate for water, sanitary sewer service and solid waste and recycling services together with disconnection fees, reconnection fees, delinquent charges and interest shall be established by City Council resolution. Said resolution shall remain on file with the City Clerk.

(c)         Bills and delinquent accounts: All charges for City water service, sanitary sewer service and solid waste and recycling services shall be due within twenty (20) days of the date billed. All said services shall be paid in full within said twenty (20) days or the total bill shall be considered delinquent. Should a person not pay the total bill within thirty (30) days a notice will be served upon the party responsible for the bill stating that a hearing will be held before the City Council to determine whether the water and sanitary sewer services should be terminated. If following said hearing the Council determines that the water supply to the premises should be cut off, the proper City employee shall shut off the services to the premise. There shall be established a shut off fee, to be paid in full prior to the service being reconnected to the City water service. The service shall not be reconnected unless the person pays all delinquent bills (the total water, sanitary sewer and solid waste and recycling charges). The shut off fee as well as a reconnection fee shall be established by the City Council by resolution. Said resolution shall remain on file with the City Clerk.

SECTION   4.       MAINTENANCE OF SYSTEM. 

(a)         Discontinuance of service: The City may discontinue service to any water customer without notice for necessary repairs or for non-payment of charges or a violation of rules and regulations affecting the utility service.

(b)         Repair of leaks:  The consumer or owner shall be responsible for maintaining a service pipe from the curb box into the building served.  If the individual fails to repair any leaks in such service pipe within twenty-four (24) hours after notice by the City, the City may turn the water off.  When the waste of water is great or damage is likely to result from the leak, the City shall turn the water off immediately upon giving the notice if repair is not commenced immediately.

SECTION  5.       RESTRICTED HOURS.

(a)         Whenever the Council determines that a shortage of the water supply threatens the City, it may, by resolution, limit the times and hours in which the City water may be used for sprinkling, irrigation, car washing, air conditioning, or other specified uses.  No person shall use or permit water to be used in violation of the resolution and any consumer who does so shall be charged $50.00 per. each day of the violation and the charge shall be added to the next water bill.  Continued violation shall be cause for discontinuance of water services.

SECTION  6.       PENALTIES.

(a)         Violation of this ordinance and in particular the operation of a shutoff valve curb box by any unauthorized person or tampering with any water meter with the intent to make the meter register inaccurately shall be a penal offence. Upon conviction for any such offenses, the penalty shall be a petty misdemeanor. Conviction shall not preclude civil liability to the City for water illegally used or for damage caused by the illegal act.

    This ordinance shall supersede and repeal all prior and consistent ordinances.  This ordinance shall be effective upon passage and publication required by law.
               
                 DATED:__________________

                                                                                         ___________________
                                                                                                     CLERK

APPROVED:

______________________________
                     MAYOR