TITLE 7 - PUBLIC UTILITIES

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CHAPTER 1 

ORDINANCE NO. 7-1

WATER USE AND SERVICE

 SECTION:

     

          7-1-1: PURPOSE:

          7-1-2: DEFINITIONS:

          7-1-3: APPLICATION OF CHAPTER; CITY AUTHORITY:

          7-1-4: USE OF CITY WATER REQUIRED:

          7-1-5: APPLICATION FOR WATER SUPPLY:

          7-1-6: POINT OF LIABILITY FOR MAINTENANCE:

          7-1-7: WATER SERVICE CONNECTIONS AND WATER LINES:

          7-1-8: REJECTION OF MATERIALS OR WORKMANSHIP:

          7-1-9: BACKFILLING AND SURFACE REPAIR:

          7-1-10: RIGHT OF ENTRY FOR INSPECTIONS OR TESTING:

          7-1-11: WATER MAIN EXTENSIONS:

          7-1-12: EXTENT OF SERVICE: 

          7-1-13: BASIS FOR AUTHORIZED WATER USER CHARGES:

          7-1-14: WATER USER AND EQUIVALENT CONNECTION:

          7-1-15: POWER OF MAYOR AND CITY COUNCIL TO SET CHARGES:

          7-1-16: PURPOSE OF MONTHLY WATER USER CHARGE:

          7-1-17: MONTHLY RATES:

          7-1-18: PAYMENT OF USER CHARGES; LATE FEE:

          7-1-19: DELINQUENCIES; CITY PROCEDURE:

          7-1-20: TURNING ON WATER AFTER TURNOFF FOR NONPAYMENT:

          7-1-21: AUTHORITY TO AMEND REGULATIONS:

          7-1-22: WATER FUND:

          7-1-23: PRIVATE WATER SYSTEMS:

          7-1-24: WATER LINE DEVELOPMENT:

          7-1-25: STOPPAGE OF WORK:

          7-1-26: CITY NOT LIABLE FOR SHORTAGE:

          7-1-27: LAWN SPRINKLING AND WATER USE RESTRICTIONS:

          7-1-28: POST HOLE DIGGING:

          7-1-29: FIRE HYDRANTS:

          7-1-30: PROTECTION OF PIPES:

          7-1-31: WASTE OF WATER OR INJURY TO WATER SYSTEM:

          7-1-32: USERS LIABLE FOR VIOLATION:

          7-1-33: VIOLATIONS; PENALTIES:

          7-1-34: SEVERABILITY:

          7-1-35: RESOLUTIONS:

 

 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ATOMIC CITY:

 

SECTION 7-1-1: PURPOSE:

It is hereby determined and declared to be necessary and conducive to and for the protection of the health, safety and welfare of the public and inhabitants of the city, and for the purpose of controlling the use and connection to, and for providing an equitable distribution of the costs and expenses of maintenance, operation, upkeep and repair of the entire municipal water system, which includes the water supply, water storage and water distribution facilities of the city, to charge and collect service charges or fees upon all lots, lands, property and premises served or benefited by the municipal water system, which system and facilities consists generally of all wells, storage reservoirs, transmission mains, structures, buildings, treatment facilities, valves, service connections, service meters, fittings, mechanical equipment and all other facilities as required for the furnishing and distribution of water as a public system to the customers of the city; and to provide for the control, use and administration of the installation of private domestic water systems where a public water system is not available.

 

SECTION 7-1-2: DEFINITIONS:

Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:

  • AUTHORIZED WATER USER: Any person making authorized and proper use of the municipal water system and/or the water delivered thereby, and who has made application for water service and such application has been granted and has paid for such service, water and all fees required. An authorized water user may be an owner, his tenant by lease or rental, a developer, etc.

  • CITY: Refers to the City of Atomic City, Idaho.

  • CITY WATER SERVICE LINE: That portion of any individual water service line that runs from its connection with the public water main to, and including, the corporation stop, valve box and meter that is installed in the service line. It will usually be installed within the limits of the public right of way or utility easement and, after installation, it is to be owned and maintained by the city. The service line is considered private and is the responsibility of the property owner beginning at the right of way line or utility easement boundary line.

  • EQUIVALENT CONNECTION: The connection to a typical residential house on an individual lot that is occupied by an average single-family dwelling is designated as one equivalent connection.

  • MASTER WATER PLAN: Any document that the city has accepted by official action of the city council that describes or otherwise indicates an overall view of proposed future water system needs, minimum water main sizing and/or minimum water main spacing. This plan is updated periodically as the community grows and demands change.

  • MONTH: any of the twelve parts, as January or February, into which the calendar year is divided.

  • MULTIPLE BUILDING DEVELOPMENT: Includes the various types of developments that would have common or joint ownership areas such as condominiums, townhouses, mobile home parks or courts, shopping centers, professional offices, etc.

  • MUNICIPAL WATER SYSTEM: Includes all components and facilities of the public water system that are owned, operated or maintained by the city for domestic and other uses.

  • OVERSIZED MAIN: Any water main that is required to have a larger inside diameter than is necessary based on the estimated flow of the service area for which the main is being installed.

  • OWNER: Refers to the property owner, lessee, occupant or water user that is served by the municipal water system or desires to be served by the municipal water system.

  • PERSON: Any individual, firm, company, association, society, corporation or group.

  • POINT OF CONNECTION: The right of way line or utility easement boundary.

  • PRIVATE FIRE SERVICE CONNECTION: A separate and independent connection from the municipal water main that connects directly to a sprinkler system or fire control device that has been, or is to be, installed in any building for the purpose of fire control within the specific building and said connection is to be for no other purpose.

  • PRIVATE WATER SERVICE LINE: The portion of the water service line that runs from the point of connection with the city water service (water meter) to the building being served.

  • PRIVATE WATER SYSTEM: Any water system for domestic use that is not owned, operated and maintained by the city.

  • PROPERTY: Refers to all property, whether privately or publicly owned, within the service limits of the municipal water system, excluding therefrom lands that have been dedicated for public street or highway rights of way.

  • PUBLIC WATER SERVICE LINE: See definition of City Water Service Line.

  • SHALL/MAY: "Shall" is mandatory; "may" is permissive.

  • SPRINKLER IRRIGATION: Refers to any system for the purpose of watering lawns, gardens, shrubs, trees, etc., as they are normally grown in the out of doors or open spaces.

  • SUPERINTENDENT: The superintendent of the city waterworks is the individual appointed by the city council to be in charge of, and oversee, the water system. He shall, under the direction of the city engineer, mayor and city council, have charge of the municipal water supply system. The superintendent's duties shall include, but not be limited to, maintenance, operation, supervision and/or inspection of all additions or modifications. The superintendent shall report, on a regular basis, to the city the condition of the municipal water system.

  • UNAUTHORIZED WATER USER: Any person who makes any use of the municipal water system or the water delivered thereby who is not an authorized water user or who improperly or illegally uses the water system, or who causes damage or injury to the system in any fashion.

  • WATER MAIN: Any pipeline owned by the city for the purpose of transportation and/or distribution of water to serve more than one water service line or user.

 

SECTION 7-1-3: APPLICATION OF CHAPTER; CITY AUTHORITY:

  1. APPLICATION: The provisions of this chapter shall apply to all property within the corporate limits of the city, and any special users outside of the corporate limits of the city, including all property owned or occupied by the United States of America, the state and the county.

  2. CITY AUTHORITY: The water system for the supply of the city shall be under the sole and exclusive control of the mayor and city council, who may, from time to time, direct the construction of such works, placing of mains, service pipes and fire hydrants, as the necessities of the city may require.

 

SECTION 7-1-4: USE OF CITY WATER REQUIRED:

  1. CONNECTION TO CITY SYSTEM: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or any other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a city water line is hereby required to use the city water system; provided, that said city water is within three hundred feet (300') of any property line where said building to be served is located.

  2. DISCONNECTION OF PRIVATE SYSTEM REQUIRED: At such time as the owner or tenant connects his property to municipal service, it is mandatory that the private water supply be terminated and that it not be connected or cross connected in any way to the water lines served by the city water system. The disconnection of the private water supply line shall be inspected and approved by the city engineer and/or the waterworks superintendent, or his designated representative.

 

SECTION 7-1-5: APPLICATION FOR WATER SUPPLY:

  1. APPLICATION REQUIRED: Whenever any owner desires to obtain a supply of water from the city waterworks, he shall make application therefor on forms supplied by the city and sign such form agreeing to be governed by such rules and regulations not inconsistent with this chapter, as may be prescribed by the mayor and city council for the control of the water supply. An application fee, deposit and/or other fees may be required. Such fees shall be set by the city council by resolution.

  2. CONTENTS OF APPLICATION; GRANT OF APPLICATION: The applicant must state the location, kind of building and the entire area of the ground to be supplied, and fully and truly state the purpose for which the water is to be used, and shall furnish a set of floor plans showing all water uses. Whereupon, if the application is granted, the superintendent of the waterworks may authorize the extension, at the expense of the applicant, and at no expense to the city, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any other fittings that are necessary to install service to the inside line of the curb at the point most convenient for supplying the applicant.

 

SECTION 7-1-6: POINT OF LIABILITY FOR MAINTENANCE:

  1. USER RESPONSIBILITY: All users shall have the responsibility of, and be liable for, and shall pay for, all costs and expenses of maintaining their own water service line past the point of connection (city meter). The city's responsibility for maintenance of the individual user service line extends from the water main tap to the point of connection (city meter).

  2. DAMAGE TO WATER SYSTEM: Responsibility for damage to the city water system is as outlined in subsection 7-1-32B of this chapter.

  3. NO CONFLICTING PROVISIONS: This section shall not be construed to be in conflict with section 7-1-31 of this chapter.

 

SECTION 7-1-7: WATER SERVICE CONNECTIONS AND WATER LINES:

All materials and workmanship in the installation of private water service lines and connections to the city water service line shall conform to the following regulations:

  1. PERMIT REQUIRED: No person other than one authorized by permit or license from the city shall uncover, make any connections with or opening into, use, alter or disturb any municipal water main, city water service line or appurtenance thereof without first obtaining a written permit from the city. The permit is not to be used until all water installation charges and fees have been paid in full and all required tests have been completed and accepted by the waterworks superintendent.

  2. APPLICATION FOR PERMIT; FEES: To obtain municipal water service, the owner or his agent shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the city and requested by the city. A permit and inspection fee may apply if so set by resolution of the city council. Such fee shall be paid to the city at the time the application is filed. The owner or his agent shall pay a connection fee to the city at the time the application is filed. The application fee shall be set by the city council by resolution.

  3. SERVICE LINE INSTALLATION: The owner may request permission from the city to install the water service line, including tap to the city water main, city stop valve, service line, valve, meter vault and cover under private contract. Such installation shall be in conformance with any applicable plumbing codes and state department of environmental quality rules and codes. The installation also shall conform to all city standards for water system construction. When installation of a water service line and appurtenances causes damage to any property, public or private, other than the owner's property, the owner shall be responsible for all repair costs, including repair to streets, sidewalks, curbs, gutters, sewer lines, irrigation facilities, storm drains, lawns, fences, gas lines, other water mains, telephone lines and electrical lines.

  4. OLD PRIVATE SERVICE LINES: Old private water service lines may be used in connection with new buildings only when they are found, on examination and being tested as required by the city, to meet all requirements of this chapter.

  5. CONFORMANCE WITH BUILDING AND PLUMBING CODES; INSPECTION:

    1. The materials of construction of the private water service line and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the applicable building and plumbing codes and standards as have been or may be adopted by the state.

    2. The private water service connection to the city water service line shall conform to the requirements of the applicable building and plumbing codes and standards as adopted by the city.

    3. All connections to or extensions of the service line, as previously installed by the city, or under its authorization, shall be made in accordance with the requirements of the state plumbing code for such an installation. The connection of the service line shall be inspected by a qualified inspector to state and/or county standard, whichever is more stringent, before the installation is backfilled and before the water is turned on for use at the premises.

  6. SERVICE LINE SIZE AND LOCATION:

    1. The private water service line from the building to the point of connection with the city water service line shall be as specified by the water department, city engineer or city building officer. The city shall determine the size of the city water service line and water meter.

    2. The alignment of the private water service line from the city meter to the outlet of the building shall be reasonably straight and perpendicular to the water main and shall be located such that the distance between the water service line and the sewer service line shall be a minimum of ten feet (10’).

  7. CROSS CONNECTION PROHIBITED: No person shall make or permit the cross connection of any private water supply to a water line that is served by the municipal water system.

  8. NOTIFY CITY FOR INSPECTION: The applicant for the city water service line permit shall notify the city when the connection of the private water service line to the city water service line is ready for inspection.

  9. EXCAVATIONS GUARDED; RESTORATION: All excavations for all water service installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

  10. PRIVATE FIRE SERVICE CONNECTION: The installation of a private fire service connection shall comply in all respects to the requirements for a city water service line and the owner, or his agent, will be required to pay all costs for connection and extension of the facility from the municipal water main.

  11. CONNECTIONS MADE BY PLUMBER: The connection of the private water service line to the public water service line and the connection of a private fire service connection to the municipal water main shall be made by a plumber holding a valid license.

  12. METER, STOP VALVE AND STOPCOCK:

    1. A separate and independent city water service meter and stop valve shall be provided for every authorized water user.

    2. To each service pipe there shall be attached at the inside line of the curb a stopcock and key box which shall be paid for by the water consumer and be under the exclusive control of the superintendent of the waterworks.

 

SECTION 7-1-8: REJECTION OF MATERIALS OR WORKMANSHIP:

The city may reject any materials or workmanship for cause and upon such, the rejected material shall be removed and replaced with approved material. Disapproved workmanship shall cause the removal and replacement of all materials involved, including appurtenances such as excavations, backfilling and other work items.

 

SECTION 7-1-9: BACKFILLING AND SURFACE REPAIR:

  1. OWNER RESPONSIBILITY; COSTS: All backfilling and surface repair required by a water service installation shall be the owner's responsibility. When the city makes installation of a city water service, all costs of surface repair and backfilling shall be included in the installation charge. Backfill compaction testing is required on City property, based on a Proctor being taken. testing to be performed by a qualified inspector.

  2. WORK UNDER PRIVATE CONTRACT: When the owner has the water service installation done under private contract, the costs for surface repair shall be the owner's responsibility.

  3. CUTS MUST BE PAVED WITHIN ONE WEEK: In no case shall a pavement cut go unpaved for more than one week. During cold weather or when hot asphalt is not available, cold mix asphalt may be used as a temporary patch. Such temporary patch must be replaced within two (2) weeks or as soon as weather permits.

  4. CONFORMANCE WITH SPECIAL SPECIFICATIONS; INSPECTION AND APPROVAL: All surface repair and backfilling shall conform to special specifications promulgated by the city for water line installation and shall be subject to inspection by and approval of the city, or where applicable, the county highway district.

 

SECTION 7-1-10: RIGHT OF ENTRY FOR INSPECTIONS OR TESTING:

  1. Free access to all places supplied with water, at all reasonable hours, shall be allowed the water superintendent, assistant water superintendent, city engineer, mayor, city clerk, committee from the city council, or their designee, to examine the apparatus, the amount used, and the manner of use of the same, and any water user violating any of the rules and regulations controlling the water supply shall be subject to penalty as provided for in section 7-1-33 of this chapter.

  2. The city, through its authorized representative bearing proper credentials and identification, shall be permitted, during proper and reasonable hours of the day, to enter all properties, premises or buildings to which water is furnished from the municipal water system for testing or for any other purpose necessary for the proper administration of the water system in accordance with the provisions of this chapter. Also, the city, through its authorized representative bearing proper credentials and identification, shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, repair and maintenance of any portion of the municipal water system lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

 

SECTION 7-1-11: WATER MAIN EXTENSIONS:

  1. PERMIT REQUIRED: No extensions of city or privately owned water mains fed by the city water system shall be made without first obtaining a permit therefor from the city engineer. Each main line extension must conform to the current and applicable public works construction standards adopted by the city.

  2. COMPLIANCE WITH CITY POLICIES; RESPONSIBILITY FOR COSTS: All proposed extensions of the municipal water system to serve undeveloped areas within the existing corporate limits, newly annexed areas or areas outside the corporate limits shall comply with existing water system extension policies and standards and with the overall master plan for the city municipal water supply system. Costs for all extensions to any property shall be the responsibility of that property owner or his agent. Cost for water service extensions within the property for which the extension is requested shall also be the responsibility of the owner or his agent. When it is necessary to install oversized mains as part of an extension, the cost of all oversized lines will be the responsibility of the owner or his agent. Such water line extensions, public or private, shall be extended to the farthest boundary of the property.

  3. FIRE HYDRANTS AND SERVICE LINES: It shall also be the property owner's or his agent's responsibilities to install all necessary fire hydrants and city water service lines for all extensions of the municipal water system at no expense to the city. Unless a special permit is granted by the city, all municipal water system extensions, including the city water service lines, to newly developing areas shall be installed prior to the construction of any new streets.

  4. APPROVAL OF PLANS: All design and construction of any extensions to the municipal water system shall comply with the official specifications as adopted by the city for the water distribution system. In approving a plan for extension to the municipal water system, the city reserves the right to stipulate other requirements such as a special permit fee, rights of way limits, sequence of construction, time limits for having existing service disrupted, the filing of a performance bond and other similar measures as may be required to protect the public. No work shall commence on any such extension of the municipal water system until the extension project has been approved by the city engineer.

  5. CITY SERVICE LINE; PERMIT AND FEES: If it is necessary for the city to provide a city water service line after the extension has been accepted by the city, the owner, or his agent, shall be required to pay the hookup and other applicable fees and standard installation charge as well as the standard permit and inspection fee.

 

SECTION 7-1-12: EXTENT OF SERVICE:

The service pipes must be so arranged that the supply to each separate house or premises may be controlled by a separate stopcock placed within or near the curb. Where water is already supplied through one service to several houses or families, the superintendent may, at his discretion, either decline to furnish water until separate services are provided, or continue the supply on condition that one person shall pay for all on the same service.

 

SECTION 7-1-13: BASIS FOR AUTHORIZED WATER USER CHARGES:

  1. SYSTEM ESTABLISHED: There hereby is established a system of periodic service charges and fees for the authorized use of, and for service rendered by, the municipal water system, and which charges and fees shall be as near as possible, uniform as to the different users served by said municipal water system. The rates, charges and fees provided by this chapter are hereby levied and assessed against the authorized water user or owner, and his property, having any water service connection with the municipal water system.

  2. PROPERTY SUBJECT TO CHARGES: It may be specifically enacted that all improved property in the city to which the municipal water system is available, but is not used by the owner or occupier of said parcel of land, is still subject to user charges under the provisions of this chapter to cover the cost of standby fire protection facilities and other benefits.

 

SECTION 7-1-14: WATER USER AND EQUIVALENT CONNECTION:

Each user and parcel being subject to water user charges as provided for hereinabove is assessed for the purpose of establishing the equivalent connection rating and the monthly service charge or fee to be charged or assessed to and against the property. The assessment takes into consideration the estimated volume of water to be used, the uniformity of the use of the water, the standby benefits of the water system for fire protection and for other factors so as to as nearly as possible fix the rate, charge or fee upon the same relative basis as is imposed upon other like property within the city that has the municipal water service available.

 

SECTION 7-1-15: POWER OF MAYOR AND CITY COUNCIL TO SET CHARGES:

The mayor and city council shall determine and set all applicable fees and charges for use of the water system. Such fees and charges may be set by resolution.

 

SECTION 7-1-16: PURPOSE OF MONTHLY WATER USER CHARGE:

The monthly water user charge is established to cover administrative, operation, maintenance and replacement costs of the system, and to provide a fund to pay for capital improvement costs, additions, oversized extensions to the system, or redemption of bonds that have been used to finance system improvements, all as a part of the city's responsibility to provide adequate domestic water service and facilities for the city. The monthly water user charge shall be set by resolution of the city council and shall be effective upon the date and time cited in the resolution. For new connections, the water user charge is to begin when the connection to the city service line has been inspected and approved, or within sixty (60) days after the city service line has been installed, whichever is the earliest.

 

SECTION 7-1-17: MONTHLY RATES:

  1. USER CHARGE:

    1. All owners who receive or have the right to receive the benefit of the municipal water system shall, in return for said benefit, pay monthly user charges as described below. Presently, the monthly user charge is based on the number of meters and the amount of fire and health protection provided by the municipal water supply system. Should it be deemed necessary in the future by the City Council that meter readings are to replace meter fees the following will apply. The cost shall be based on the amount of water used, cost of reading the meters, preparing and sending utility bills, collecting monthly fees, and administering and overseeing the system by various city employees and contractors and the amount of fire and health protection provided by the municipal water supply system. The owners of all property within the corporate limits, which property is within three hundred feet (300') of the municipal water supply system or within six hundred feet (600') of a fire hydrant, shall pay a minimum monthly user charge. The minimum monthly user charge for all uses shall be based on the most recent cost of service study. All other water service connections shall be prorated as to the number of EDUs assigned to that water user by this chapter, or as determined by the public works director, and will be computed on an individual basis. Any user having more than one classification of use shall be charged for the sum of classifications.

    2. The minimum monthly user charge shall be set by resolution of the City Council. If meter fees should be replaced by meter reading, the following will apply. User charges will be based on an EDU unit. Any owner that has a total EDU rating less than one shall pay a minimum monthly user charge for one full EDU. Any owner which has an EDU rating greater than one shall pay a minimum monthly user charge that is the product of that user's EDU rating multiplied by charge per EDU. Example: A laundry having twelve (12) machines would have an equivalent connection rating of 4.00 + (2 x 0.25) = 4.50 and a subsequent minimum monthly user charge of (4.50) x ($ the charge per EDU).

    3. Presently, each owner will pay a monthly meter fee based on the number of meters each owner has.  Should it be deemed necessary in the future by the City Council that meter reading is to replace meter fees, the following will apply. Each owner will pay a monthly user fee based on the quantity of water used and the schedule of water use fee in table I, as established by resolution of the city council and on file in the city office. Each owner shall pay, as full compensation for the benefits derived from the municipal water supply system, the minimum monthly user fee or the monthly user fee, whichever is greater. Should an owner request a city water service line to be disconnected, for any reason, there shall be paid to the city a disconnection fee as set by the water superintendent, with approval of the city council. The owner must request the city to place the line back in service. There will be a charge set by the water superintendent with approval of the city council associated with the reactivation of the existing service line. All monthly water rates will be charged against the property for which the city water service line is installed. The owner of record is liable for that amount, which must be paid before the water service is resumed. In the event an owner leaves an unclaimed balance in his account, that amount shall be kept for six (6) months, after which time it shall revert to the general fund of the city. The owner of the property serviced shall pay for the monthly user charge and such owner will be billed for such monthly user charge.

  2. CHARGES FOR WATER, SERVICE LINE INSTALLATIONS, AND OTHER FEES:

    1. The charges for water shall be as set by resolution.

    2. Should meter reading replace meter fees, the following will apply, in case a water meter fails to register correctly the water used, the owner shall pay for the water on the basis of the average reading of the meter for the previous three (3) months. Water meter installation charges shall be as follows:

      1. For all meters and service lines installed, the charge shall be set by the public works director. All installed meters shall be property of the city.

      2. Service applicability fees, as set by resolution by the city council.

  3. PRIVATE FIRE SERVICE:

    1. Available only on monthly flat rate charge when used for fire protection only; owner to install all lines to the city mains at his expense. All connections to be supervised by the city and to conform to city requirements and city codes. Fees shall be set by the city council by resolution.

    2. All private fire service lines shall be equipped with gate valve or thermal automatic openings and backflow prevention as approved by the water superintendent.

    3. Private fire service lines shall be used for fire control only. Any other use is unlawful.

  4. FIRE HYDRANT USE: Water drawn from any fire hydrant, public or private, except when a private fire hydrant resides behind or downstream of a water meter, shall have a fire hydrant meter installed by the water department for a setup fee, daily availability fee and a consumption fee to be set by resolution. In no case shall any water be drawn from a public or private fire hydrant by a person or company, excluding authorized city personnel, without the permission of the city water superintendent. Failure to obtain permission, permit and/or fire hydrant meter may be cited for theft of city services and public endangerment. It is the responsibility of the person drawing water from any fire hydrant to ensure that all backflow prevention measures, procedures and equipment are in place prior to connecting to said fire hydrant.

 

SECTION 7-1-18: PAYMENT OF USER CHARGES; LATE FEE:

All utility charges shall be due and payable to the city clerk between the first and tenth day of each calendar month for the billing from the previous month. Upon failure to pay the same, as prescribed, each owner shall pay, in addition to the amount due, a late fee in such amount as established by resolution of the city council.

 

SECTION 7-1-19: DELINQUENCIES; CITY PROCEDURE:

  1. TERMINATION OF SERVICE; NOTICE: The city clerk shall furnish each property owner a statement of the amount due for utility service for the preceding month and for other charges relating to the water system and other utility service; and if any owner neglects to pay his/her utility bill by the due date, the utility user's account shall be delinquent. Owners shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the owner, the right to utility service shall cease and terminate. A fee in such amount as established by resolution of the city council shall be charged each time an individual or entity's water services are reconnected after a disconnect due to nonpayment.

  2. TERMINATION OF WATER SERVICE FOR REASONS OTHER THAN NONPAYMENT OF CITY UTILITY BILLS: City water services may be terminated for the following:

    1. Failure to comply with building permits or failure to obtain a certificate of occupancy prior to occupying a building.

    2. Failure to comply with a minimum maintenance citation or order.

    3. Failure to pay any fine, assessment, charge, penalty or fee to the city when it becomes due.

    4. Waste or misuse of water.

    5. Any other failure to comply with a duly issued city code violation citation.

  3. LIEN IMPOSED: All delinquent charges or fees, as provided by this section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the city clerk shall, at the time of certifying the city taxes, certify such delinquencies together with all penalties to the county tax collector, and when so certified, the same shall be a lien upon the property.

 

SECTION 7-1-20: TURNING ON WATER AFTER TURNOFF FOR NONPAYMENT:

If any person, after the water has been turned off from the premises on account of nonpayment of rates, or for failure to pay charges for the repair of water lines, assessed to the owner, or for other violation of the rules and regulations pertaining to the water supply, shall turn on or permit to be turned on, or use or permit the water to be used without authority, he shall be subject to the penalties provided for in section 7-1-34 of this chapter.

 

SECTION 7-1-21: AUTHORITY TO AMEND REGULATIONS:

Nothing herein contained shall prohibit the mayor and city council from amending, altering, or adding to the provisions of this chapter in relation to the water supply or the rules of same which may be adopted in conformity therewith; provided, that no alteration in water rates shall apply to any charge upon, or contract made with, an owner under this chapter until after the expiration of the time for which such charge was made or contract entered into. Hereafter when, and/or if, the mayor and city council deem it advisable to alter the water or installation rates or charges as in this chapter recorded, such changes shall be made by resolution.

 

SECTION 7-1-22: WATER FUND:

All fees and charges received and collected under the authority of this chapter shall be credited to a fund to be designated as the water fund. The accounts of said fund shall show all receipts and expenditures for the administration, maintenance, operation, expansion, upkeep and repair of the domestic water system and any payments into a sinking fund established for the purpose of paying principal of and interest on the water indebtedness of the city, which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the water fund shall be available for the payment of the requirements for the maintenance, operation, expansion, repairs and upkeep of the domestic water system of the city, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the city which shall from time to time be outstanding.

 

SECTION 7-1-23: PRIVATE WATER SYSTEMS:

Where the municipal water system is not available under the provisions of this chapter, or when placed outside of the public right of way or within a planned unit development or commercial or industrial development, a private water system may be installed; provided, that the system complies with all the provisions of this chapter.

  1. PERMIT REQUIRED; FEE: Before commencement of construction of a private water system, the owner shall first obtain written permit from the city. The application for said permit shall be made on a form furnished by the city, which the applicant shall supplement by plans, specifications and other information as may be deemed necessary by the city engineer. A permit and inspection fee set by resolution shall be paid to the city at the time the application is filed. This fee is refunded when a building permit is filed and paid for.

  2. INSPECTION OF SYSTEM: A permit for a private water system shall not permit the use of the system until the installation is completed to the satisfaction of the city. The city shall be allowed to inspect the work at any stage of construction and, the applicant for the permit shall notify the city when the work is ready for various inspections, and before any underground works are covered. The inspection shall be made by the city engineer or his designee by the end of the next working day after receipt of notice from applicant.

  3. COMPLIANCE WITH STATE REGULATIONS: The type, capacities, location and layout of a private water system shall comply with all of the rules and regulations and recommendations of the state department of environmental and community services (health and welfare)

  4. MANDATORY CONNECTION WITH CITY WATER WHEN AVAILABLE: The owner or occupant of any house, building or property used for residential, commercial, industrial, governmental or recreational use, or other purpose, situated within the city which is abutting on or having a permanent right of access to any street, alley or right of way in which there is located a city water line is hereby required to cease using any other water system and at his expense to connect such building directly with the city water in accordance with the provisions of this chapter, within fifteen (15) days after the date of official notice from the city to do so; provided, however, that the city water is within three hundred feet (300') of any property line where said building to be served is located. At such time as the municipal water system becomes available to the property served by the private water system, and the owner or tenant connects his property to municipal service as required, it is mandatory that the private water supply is not connected or cross connected in any way to the water lines served by the municipal water system.

  5. CONDUCT OF PRIVATE SYSTEM; HEALTH AND SAFETY: The owners shall operate and maintain the private water facility in a manner conducive to public health and safety at all times, and at no expense to the city.

  6. PROVISIONS ADDITIONAL TO STATE REGULATIONS: No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by the state health and welfare.

 

SECTION 7-1-24: WATER LINE DEVELOPMENT:

The primary cost and responsibility for water line development shall be that of the owner, subdivider or developer. It shall be the owner, subdivider or the developer's responsibility to purchase and lay water lines from the present water supply to the proposed project and to the boundary of the project farthest from the original water supply line. The city, however, recognizes that in certain instances it may be desirable from the city's standpoint, to have a larger line installed than required to serve the specific development in question. When such a situation exists, it is the city's policy to require the larger line, and to varying degrees, depending on each specific situation, possibly participate in the increased costs necessitated by the larger line.

 

SECTION 7-1-25: STOPPAGE OF WORK:

The public works director has the authority to stop work on any water system installation or improvement. Work shall remain stopped until the public works director is satisfied that the problem has been corrected and written approval to resume work has been obtained from the public works director.

 

SECTION 7-1-26: CITY NOT LIABLE FOR SHORTAGE:

The city shall not be held liable for damage to any person or property by reason of stoppage or other interruption of the water supply, caused by scarcity of water, lack of pressure, accident to works or mains, alterations, additions or repairs, or from other unavoidable causes.

 

SECTION 7-1-27: LAWN SPRINKLING AND WATER USE RESTRICTIONS:

  1. LAWN AND GARDEN SPRINKLING:

    1. SPRINKLING TO CEASE DURING FIRE: Fountains and sprinkling for lawns, yards or gardens shall not be operated during or after any alarm of fire until the signal is given that the fire is out. No fountain attachment shall be of greater than three-fourths inch (3/4") in diameter, and there shall be a stopcock to each fountain attachment and the same shall be under the control of the superintendent of waterworks. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to penalty as provided in section 7-1-35 of this chapter.

    2. SPRINKLING HOSE SIZE: Sprinklers for lawns, gardens and yards may not be larger than three-fourths inch (3/4") in diameter, and in any time of scarcity of water, whenever it shall, in the judgment of the mayor and city council be necessary and they shall so direct, the mayor shall, by proclamation, still further limit the use of water for other than domestic purposes; and in his/her discretion provide that lawn sprinklers and hydrants shall be used only on alternate days in certain designated localities and any person violating the provisions of this section or of any proclamation made by the mayor shall, upon conviction thereof, be subject to penalty as provided in section 7-1-35 of this chapter.

  2. WATER USE RESTRICTED: Watering troughs for animals shall not be allowed a constant flow of water but shall be allowed to use such quantity as shall supply the actual wants of the stock having access thereto, nor shall continuous streams of water be permitted to flow from hydrants, faucets or stops over wash basins, water closets or urinals.

 

SECTION 7-1-28: POST HOLE DIGGING:

No telegraph or telephone posts, or other posts, shall be put down or set within four feet (4') of any water service pipe, nor within six feet (6') of any main pipe.

 

SECTION 7-1-29: FIRE HYDRANTS:

  1. AUTHORITY TO OPERATE; OBSTRUCTING ACCESS: It shall be unlawful for any person, except one duly authorized by the city, to open, close, operate, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant or auxiliary valve belonging to the city. Further, it shall be unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material, or to willfully or carelessly injure the same.

  2. DAMAGING HYDRANTS: Any person who shall willfully or carelessly run any vehicle against a fire hydrant, or draw or attempt to draw water therefrom, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be subject to penalty as provided in title 1, chapter 4 of this code, and be liable for all damages done to said hydrant.

 

SECTION 7-1-30: PROTECTION OF PIPES:

All water users shall keep their pipes, connections and other apparatus in good repair and protected from frost at their own expense; but no person, except under the direction of the superintendent of waterworks, shall be allowed to dig into the street or sidewalk for the purpose of laying, removing or repairing any service pipe.

 

SECTION 7-1-31: WASTE OF WATER OR INJURY TO WATER SYSTEM:

  1. WASTE PROHIBITED: It shall be unlawful for any water user to waste water or allow it to be wasted by imperfect water stops, valves or leaky pipes that are not under the jurisdiction of the city, or to permit the malicious or willful consumption of water, having no beneficial use. The city, based on City’s discretion or meter readings, which ever one pertains, will make a determination of where water has been wasted and shall notify the user of that determination. It shall then be the user's responsibility to make the necessary repairs, or to institute actions that will correct the situation within ten (10) days of the city's notification to the user. All costs incurred, including the cost of wasted water and any repairs, shall be the responsibility of the user and if it is necessary that the city correct the situation or make repairs, the cost and charges therefor may be assessed and added to the owner's water bill.

  2. DAMAGE OR INJURY TO SYSTEM:

    1. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the water system.

    2. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, pipeline, fire hydrant, fitting connection appurtenance or equipment which is a part of the municipal water system.

 

SECTION 7-1-32: USERS LIABLE FOR VIOLATION:

If any owner shall permit any person from any other premises, or any unauthorized user to use or obtain water from his premises or water fixtures, whether inside or outside of his buildings, the water supply of such owner may be cut off and the amount paid therefor, if any, forfeited; and such unauthorized person shall for taking said water be liable to a fine, plus costs. Any user or owner suspected of having violated the provisions of this chapter, other than nonpayment of user fees, assessments or charges for repairs, shall be notified of the violation and be notified that if the violation is not corrected within ten (10) days, the superintendent shall shut off his water; provided, however, in the event of an emergency, the superintendent may shut off the water without notification.

 

SECTION 7-1-33: VIOLATIONS; PENALTIES:

  1. NOTICE OF VIOLATION; RESPONSIBILITY FOR REMEDY: Any person found to be violating any provisions of this chapter, other than for nonpayment of a water bill, shall be served by the city with a written notice stating the nature of the violation and providing ten (10) days for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations and if necessary make all corrections and repairs to the system or pay for same if the city has to make the correction or repair.

  2. PENALTY IMPOSED; DISCONTINUE SERVICE: Any person who shall continue any violation beyond the time limit provided for in this section, shall be guilty of a misdemeanor, subject to penalty, and shall have his water service terminated. Each day in which such violation shall continue shall be deemed a separate offense.

  3. LIABILITY TO CITY FOR LOSS OR DAMAGE: Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss, or damage occasioned the city by reason of such violation and, for other than nonpayment of water bill violations, may have their water supply terminated after the above ten (10) day notice period has expired.

  4. CUMULATIVE PENALTIES: These penalties shall not be construed to be exclusive but shall be construed to be cumulative of, and in addition to, any other penalties provided for in this city code or the criminal code of the state. As an example, a person stealing water could be criminally charged with theft or a person injuring the water system could be criminally charged with malicious injury to property. For all criminal violations relating or pertaining to the water system, the notice provisions provided for in this chapter shall not apply.

 

SECTION: 7-1-34: SEVERABILITY: If any section or provision of this ordinance is held invalid by any court of competent Jurisdiction, such holdings shall not affect the validity of the remaining sections or provisions.

 

SECTION: 7-1-35: RESOLUTIONS: Resolutions by the Mayor and City Council to change dates and fees from time to time.

 

This Ordinance shall be in full force and effect from and after its passage and mailing to residents as provided by law.

 

PASSED AND APPROVED by the City Council of the City of Atomic City, Idaho this 10th day of October, 2016.

       

 

CHAPTER 2 

ORDINANCE NO. 14

GARBAGE

 

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ATOMIC CITY, BINGHAM COUNTY, IDAHO.

 

SECTION 1.  DECLARATION OF PURPOSE: An Ordinance to protect the health of the public by controlling and supervising the way the garbage is taken care of in the City of Atomic City.

 

SECTION 2.  GARBAGE DUMPSTERS:

   A. Dumpsters are located the City property located at 2654 W. 1760 N.

   B. Residents are responsible to dispose of their garbage into the dumpsters.  There are no individual garbage pickup

       in the City

   C. Garbage is to be put into bags and tied to prevent spillage or being blown away.

   D. No garbage, whatsoever, is to be put on the ground surrounding dumpsters.

   E. Household garbage is the only thing that is allowed in the dumpsters. Items such as:  Tree branches, grass clippings,

       furniture, appliances, construction material (boards, sheet rock, pipe, etc.) and tires are not allowed. All empty boxes

       must be folded before placed in the dumpster.  Empty boxes take up a lot of room.

   F. Everyone is responsible to see that the area around the dumpsters is kept clean.

   G. Dumpster lids are to be kept closed.

 

SECTION 3. COMMERCIAL UNITS: The owner or manager of a business involving

 separate units such as motels and trailer parks are responsible to see that the rules of this Ordinance are obeyed.

 

SECTION 4.  RATES:   The monthly rates for garbage disposal supplied to all persons within the corporate limits of Atomic City shall be as follows:

   A.  Each residence shall pay a monthly fee of $21.00

   B. Each business shall pay a commercial rate of $41.00 per month

   C. There will be no Pro-rating of charges

   D. Changes in rates can be made by the City Council by resolution.

   E. All residences, whether occupied all or part of the time, will be required to pay a monthly garbage fee. 

 

SECTION 5. AMENDMENT TO PROVISIONS: Nothing herein contained shall prohibit the Mayor and City Council from amending, altering or adding to the provisions of this chapter in relation to the garbage service, or the rules of the same which may be adopted in conformity therewith provided also that the Mayor and City Council may, by resolution make such rates and regulations as may be required for operation fo the garbage service.

 

SECTION 6.  PENALTY: There shall be a fine of Three Hundred dollars ($300.00) issued to anyone violating this Ordinance fixed by the City Council.

 

SECTION 7.  SEVERABILITY: The sections of this Ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections.       

 

SECTION 8.  EFFECTIVE DATES: This Ordinance shall be in full force and effect from and after its passage, approval and due publication as provided by law.

 

Recorded on 10/12/2010 #622486