ORD 00-11CITY OF OTSEGO
COUNTY OF WRIGHT
ORDINANCE NO. 00-11
WATER USE ORDINANCE
SECTION 1. WATER AVAILABILITY AND USE CHARGES.
The City Council has determined that in order to pay for the
cost of construction, reconstruction, repair, enlargement,
improvement, maintenance, operation, and use of the City
water system; the cost of State and Federal regulations; and
the principal and interest to become due on obligations
issued or to be issued, it is necessary to impose just and
equitable charges for the use and availability of the
Municipal water system pursuant to Minnesota Statutes,
Section 444.075, Subdivision 3.
A. Usage Charge. From and after hookup of any premises to
the City water system, the owner or owners of said premises
shall pay for such water service and usage at rates fixed by
resolution of the City Council, and any rates so established
may be amended at any time by duly adopted resolution of the
City Council.
B. Penalty Charge and Interest on Unpaid Bills. The
monthly water consumption charges shall be deemed delinquent
if not paid on or before the due date. Bills will be mailed
approximately two weeks before the due date. All delinquent
accounts shall be subject to penalty calculated as follows:
1. A bill paid in full within 30 days after the due
date shall pay a penalty of 10% of the balance due.
2. Beginning 30 days after the due date all unpaid
balances shall accrue interest at a rate established by
resolution of the City Council. Said interest will be on
top of the penalty charge.
C. Availability of Water Service. Owners or users of any
property within those areas where City water service is
available may not use a non -municipal water system without
specific written agreement with the City.
SECTION 2. WATER LINE CONNECTIONS.
All connections to the municipal water system shall be in
conformity with the following rules and regulations, except
that the City Council may, by resolution, waive the same
upon showing of special conditions justifying such waiver.
A. Separate Connection. Every premises served by a water
hookup shall have a separate connection and a separate
meter.
B. Permit Required. No person, firm, or corporation shall
hook up any water connection or meter to the City water line
without first obtaining a permit therefore from the City.
The initial connection and turn on operation for any water
system connection shall only be performed by a City employee
or authorized agent.
C. Licensed Plumber Required. No person, firm, or
corporation may hook up or service, or assist therein, any
water line connected to the City water system, unless such
person, firm, or corporation is a plumber duly licensed
under the laws of the State of Minnesota or the ordinances
of the City.
D. Connection Charge. The connection charge imposed by
the City for hookup of premises to the municipal water
system shall be set by a duly adopted resolution of the City
Council.
E. Residential Equivalent Connections (REC) will be
established for non-residential users. The number of REC's
per use will be as per the current version of the
Metropolitan Council Environmental Services Procedures
Manual.
F. No person shall connect to the City water system
without also connecting to the City sanitary sewer system,
except by resolution of the City Council.
SECTION 3. METERS.
All water shall be measured by a City provided meter. Every
customer shall provide a suitable place where a meter can be
installed. The customer shall pay for the meter from the
City, pay for all costs of meter installation in an approved
location, and pay for any maintenance or replacement costs
of the City. For the purpose of reading or maintaining
meters, shutting off or starting service, or other emergency
situations, duly authorized employees or subcontractors of
the City shall have authority legally to enter upon any
premises at a reasonable hour.
SECTION 4. ACCOUNTS IN NAME OF PROPERTY OWNER; DEPOSIT;
LIEN FOR DELINQUENT ACCOUNTS.
A. Account Name. All accounts shall be carried in the
name of the property owner who personally, or by their
authorized agent, shall apply for such service. Said owner
shall at all times be personally liable for water consumed
upon the premises whether they are occupying the same or
not.
B. Deposit. The City also reserves the right to demand of
each and every customer, before the said service is turned
on, a deposit with the City Administrator in an amount
established by resolution.
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C. Lien on Property. All accounts, charges, and interest
imposed by and pursuant to this ordinance are hereby made a
lien upon the premises served by the water hookup. All such
accounts and charges which are, on the 1st day of October of
each year, 30 or more days past due, and the same having
been properly billed to the owner or occupant of the
premises served, may be certified by the City Clerk as
unpaid and delinquent to the County Auditor by the 1st day
of November of each year. The City Clerk, in so certifying
such accounts and charges to the County Auditor, shall
specify the amounts thereof, the description of the premises
served, and the name of the owner thereof. The amount so
certified shall be extended by the County Auditor on the tax
rolls against such premises in the same manner as other
taxes and shall be collected by the County Treasurer and
paid to the City Treasurer.
SECTION 5. TAKING WATER WITHOUT AUTHORITY.
Any person, firm or corporation who takes water from the
municipal water system without complying with the provisions
of this ordinance, or without other authorization, or who
assists any other person in so doing, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be
punishable by a fine of not to exceed Seven Hundred Fifty
($750.00) or by imprisonment not to exceed ninety (90) days,
or both. Violators are also responsible for the City's
costs for prosecution or in seeking injunctive relief.
SECTION 6. RIGHT TO DISCONTINUE SERVICE RESERVED.
The City shall have the right and authority to discontinue
water service to any property that is delinquent in payment
or is in violation of water service rules or other City
ordinance.
A. The City or its subcontractor shall notify each sewer
and water user/owner who have sewer/water accounts thirty
(30) days past due. The notification shall include:
1. The amount owed the City including interest and
other appropriate charges.
2. Date by which the account must be paid.
3. Service shut-off date.
4. If the user/owner does not contact the City within
ten (10) days, the City shall hand deliver a shut-off notice
to the delinquent party.
B. Shut-off. Services will be discontinued to the
accounts who have not made arrangement with the City
regarding the payment of delinquent account. The City shall
also have the authority to shut-off service immediately
without notice pursuant to any action against the property.
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C. Charges. The City shall charge service fees as
established by resolution to discontinue services and to
reinstate services to a delinquent account. Any charges
incurred by the City in discontinuing service shall be
assessed to the property.
D. User/Owner Shutoff Request. The user/owner may request
that their water be shutoff. The City will then shutoff the
water with a service fee as established by resolution.
Turning on the water and reinstalling the meter will cost an
additional service fee. While the water is shutoff the
owner/user will be billed for the minimum charge as
established by Council resolution.
SECTION 7. RESPONSIBILITY FOR REPAIRS.
The cost of all repairs and replacement of any plumbing
between the residence or structure and the municipal water
main line, shall be borne entirely by the owner of the
premises affected, and if such repair or replacement work is
performed by the city, the cost of time and material shall
be assessed against the owner of the affected premises.
SECTION 8. REPEAL OF INCONSISTENT ORDINANCES.
All ordinances or parts of ordinances in conflict with this
ordinance are to the extent of such conflict hereby
repealed. This ordinance shall take effect and be in full
force from and after the date of its publication.
SECTION 9. PENALTY.
Any person violating any provision of this ordinance shall,
upon conviction therefor, be punished by a fine not
exceeding Seven Hundred Fifty and NO/100 Dollars ($750.00)
or by imprisonment not exceeding ninety (90) days, or both.
A separate offense shall be deemed committed for each day
the violation shall continue. The City is also allowed to
seek injunctive or other relief and assess penalties as part
of that process.
Adopted by the City Council of the City of Otsego this 26TH
day of J„nP , 2000.
CITY OF OTSEGO
Larry; urnier,
E aine Beatty, City C64rk
Publish: July 19, 2000 - Elk River Star News
Post: July 10, 2000 - Otsego City H&11
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