Section IX-I - Water Service

Chapter IX, Section I - Water Service

Sec. 9-1-1    License required
Sec. 9-1-2    Failure to pay rates
Sec. 9-1-3    Unlawful to retain water when it has been turned off
Sec. 9-1-4    Service charges
Sec. 9-1-5    Fire hydrants
Sec. 9-1-6    Damage to waterworks
Sec. 9-1-7    Pollution of water
Sec. 9-1-8    Repairs and service
Sec. 9-1-9    Meters
Sec. 9-1-10    Unlawful not to use meter
Sec. 9-1-11    Rates, rents and tap fees
Sec. 9-1-12    Waterworks Fund
Sec. 9-1-13    Lien on premises
Sec. 9-1-14    Meter installations
Sec. 9-1-15    Meter replacement
Sec. 9-1-16    Tap size and materials
Sec. 9-1-17    Failure of meter
Sec. 9-1-18    Maintenance responsibility
Sec. 9-1-19    Hours and days for sprinkling
Sec. 9-1-20    Penalties (Repealed)

Sec. 9-1-1. License required.

It shall be unlawful for any owner, lessee or user to turn on or cause to be turned on water for his or her premises or take and use water on his or her premises without having first obtained a license therefor. (Ord. 377 §1, 1984)

Sec. 9-1-2. Failure to pay rates.

Any owner, lessee or user of water who, after the water service is turned on, shall fail to pay the water rates or rents as established by the Town Board, shall have the water turned off by the Town or its representatives until all rates or rents and service charges are paid in full.

(1) Such owner, lessee or user shall be liable for interest on any delinquent water rates or rents from the due date at a rate of one percent (1%) per month or fraction thereof, reasonable attorney's fees and other costs of collection.
(2) In addition to any other remedy provided by this Chapter for the collection of delinquent water rates or rents, the Town may cause any and all delinquent charges, assessments or taxes made or levied to be certified to the County Treasurer and be collected and paid over by the Treasurer in the same manner as taxes are authorized to be paid and collected. (Ord. 377 §2, 1984)

Sec. 9-1-3. Unlawful to retain water when it has been turned off.

It is unlawful for any owner, lessee or user of water to, after the water service is turned off for failure to pay the water rates or rents, turn the water back on or in any way retain water from the Town water system until all rents and service charges are paid in full. (Ord. 377 §3, 1984)

Sec. 9-1-4. Service charges.

The Board of Trustees shall, from time to time, establish a charge for turning on and turning off water services, such action to be taken in a form of a resolution passed by the Board of Trustees. (Ord. 377 §4, 1984)

Sec. 9-1-5. Fire hydrants.

It shall be unlawful for a person or persons to operate a fire hydrant except authorized employees of the Town, members of the Fire Department and other persons who have obtained written permission from the Town. (Ord. 377 §5, 1984)

Sec. 9-1-6. Damage to waterworks.

It shall be unlawful for any person or persons to injure or in any way damage any property of the Town used in the delivery and service of water, make taps without proper license and permit or interfere with waterworks property, meters or appliances of the Town's water service. Connecting to the Town waterworks after service has been disconnected for nonpayment constitutes interference with the waterworks property. (Ord. 377 §6, 1984)

Sec. 9-1-7. Pollution of water.

It shall be unlawful for any person or persons to, in any manner, pollute or cause the pollution of the Town's water or to make cross connections to the waterworks from sewer drains or other waterworks systems. (Ord. 377 §7, 1984)

Sec. 9-1-8. Repairs and service.

The Town Administrator shall have the authority to disconnect or shut off water from any water main for the purpose of repairing the same or making connections or extensions or for making any repairs or servicing of any part of the waterworks facilities. (Ord. 377 §8, 1984)

Sec. 9-1-9. Meters.

All water furnished by or used from the Town waterworks system shall be measured through meters. The initial installation of these meters shall be paid for and installed by the Town and shall be the property of the Town. (Ord. 377 §9, 1984)

Sec. 9-1-10. Unlawful not to use meter.

It shall be unlawful for any owner, lessee, user or other person to knowingly take or use water except through a water meter. It shall be unlawful for any owner, lessee, user or other person to use or take water from the Town system when the meter has been removed by the Town for nonpayment of the water rates, rents or service charges. (Ord. 377 §10, 1984)

Sec. 9-1-11. Rates, rents and tap fees.

There shall be assessed and charged for the use of water, rates, rents and tap fees established by the Town Board by ordinance or resolution. (Ord. 377 §11, 1984)

Sec. 9-1-12. Waterworks Fund.

There shall be established a "Waterworks Fund," and all fees, rates, rents and charges for water shall be deposited into and expended from such fund. (Ord. 377 §12, 1984)

Sec. 9-1-13. Lien on premises.

All water rates and rents shall be a charge and lien upon the premises to which water is delivered from the date the same becomes due and until paid, and the owner of every building, premises, lot or house shall be liable for all water delivered to or taken and used upon his or her premises, which lien and liability may be enforced by the Town by action at law or suit to enforce the lien. In case the tenant in possession of the premises or building shall pay the water rent or rates, it shall relieve his or her landlord from such obligation and lien, but the Town shall not be required to look to any person whatsoever other than the owner for the payment of water rents and rates herein provided. (Ord. 377 §13, 1984)

Sec. 9-1-14. Meter installations.

The Town shall hereafter install water meters to individual users, and the Town shall absorb the cost, including meter, yoke, meter box or pit, and all other necessary materials for the meter installation. The Town shall also absorb the initial cost for all labor for installation, cost of service line and shut-off valves, trenching and repairing of the street, alley or easement. The meter shall remain the property of the Town, and the Town shall maintain and keep said meter in good working order until its estimated useful life has expired. (Ord. 377 §14, 1984)

Sec. 9-1-15. Meter replacement.

It is estimated that the useful life of a water meter is ten (10) years. If a water meter should fail ten (10) years or more after the initial installation date, the property owner shall be responsible for all costs associated with replacing the meter, including the cost of the meter itself. Should the water meter need replacement within the first three (3) years of its installation, the Town shall be responsible for all costs of installation of a new water meter, including the cost of the meter itself. Should the meter fail in the fourth year after installation, the property owner shall be required to contribute one-seventh (1/7) of the cost of the installation of the meter plus one-seventh (1/7) of the cost of the meter itself; two-sevenths (2/7) if the meter fails in the fifth year; three-sevenths (3/7) if it fails in the sixth year; four-sevenths (4/7) if it fails in the seventh year; five-sevenths (5/7) if it fails in the eighth year; six-sevenths (6/7) if it fails in the ninth year; and if the meter fails in the tenth year and thereafter, the property owner shall be required to pay the entire cost of the installation plus the cost of the meter. (Ord. 377 §15, 1984)

Sec. 9-1-16. Tap size and materials.

The size of all connections or taps shall be such as prescribed in the Uniform Plumbing Code or other ordinances or resolutions of the Town Board. No taps or connections shall be made to the Town waterworks system except by persons qualified or authorized by employment or by permission granted by ordinance or resolution of the Town Board, and all taps and connections shall be made under the supervision of the Town Administrator. (Ord. 377 §16, 1984)

Sec. 9-1-17. Failure of meter.

If any meter shall fail to register in any month, the property owner shall be charged with the average monthly consumption during the two (2) preceding months as shown by the meter while in working condition. (Ord. 377 §17, 1984)

Sec. 9-1-18. Maintenance responsibility.

The Town shall be responsible for all water mains and service lines up to and including the curb stop and curb box. The consumer shall be responsible for all service lines and appliances installed on private property. In case water leaks develop on private property and are not repaired immediately, the Town may shut off water to the premises. The regular turn-on charge shall be paid before the water service is continued after repairs are made. (Ord. 377 §18, 1984)

Sec. 9-1-19. Hours and days for sprinkling.

It shall be unlawful to sprinkle lawns, gardens and trees except during those times and hours permitted by the Town Board by resolution. (Ord. 377 §19, 1984)