CHAPTER 52:  WATER

§ 52.01  DEFINITION.
	For the purpose of this chapter, the following definition shall apply 
	unless the context clearly indicates or requires a different meaning.
	SYSTEM.  All water mains, water supply facilities and their appurtenances 
	which the city has or shall have possession of and operating responsibility 
	for (whether owned by the city or not), either now in existence in the city 
	or hereafter acquired or constructed in the city, together with all works, 
	plants, instrumentalities and properties used or useful in connection 
	therewith in the obtaining of a water supply or in the treatment or 
	distribution of water, including the Northwest Ottawa County Water System in 
	the city, and all extensions, enlargements and improvements thereto in the 
	city.
(Ord. 48, passed 8-10-77)

§ 52.02	COMPLIANCE.
	Connection to the system, directly or indirectly, and the use of water 
	therefrom for all purposes shall only be in compliance with this chapter, 
	as amended, and in compliance with all standards and regulations of the 
	city and county applicable thereto, as amended.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

§ 52.03  APPLICATION FOR CONNECTION.
	No connection shall be made to the system without obtaining a permit 
	therefor.  Application for such permit shall be made by the premises 
	title holder or land contract purchaser and filed with the City Manager 
	or his or her representative.  The City Manager or his or her 
	representative shall issue such permit when all prescribed conditions 
	have been met. Such permit shall be issued subject to such regulations as 
	may be established and amended by the City Council from time to time.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

REGULATIONS

§ 52.15	CROSS CONNECTIONS PROHIBITED.
	No cross connection which would violate the water supply cross connection 
	rules of the Michigan Department of Health contained in paragraphs 
	R325.431 through R325.440 of the Michigan Administrative Code, as the 
	same shall be amended, changed or supplemented from time to time, shall 
	be made. The City Manager or his or her representative shall have the 
	right to enter at any reasonable time any premises connected to the 
	system for the purpose of inspecting the piping systems related thereto 
	for cross connections. On request, the owner, lessees or occupants of any 
	premises served by the system shall furnish to the City Manager or his or 
	her representative any pertinent information relating to the piping
	system or systems or such premises. The City Manager or his or her 
	representative is authorized and directed to discontinue water service 
	after reasonable notice to any premises where cross connection has been 
	made in violation of this chapter. In addition, the City Manager or his 
	or her representative shall take such other precautionary measures as 
	shall be necessary to eliminate any danger of contamination of the 
	system. Water service which has been discontinued because of a cross 
	connection shall not be restored until the cross connection has been 
	eliminated and a fee of $15 has been paid to the City Manager or his or 
	her representative.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

§ 52.16  WORK IN RIGHT-OF-WAY.
	All work in the street right-of-way or on public easements, including 
	service lines to the property line, shall be constructed and performed by 
	the city or its agents or contractors.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

§ 52.17  METERS.
	(A)	Meter reading.  The City Manager or his or her representative shall have 
		the right to enter at any reasonable time any premises connected to the 
		system for the purpose of reading the water meter or otherwise inspecting 
		the piping system or systems connected to the system.

	(B)	Meter failure.  If any meter shall fail to register properly, the 
		department shall estimate the consumption on the basis of former 
		consumption and bill accordingly.

	(C)	Inaccurate meters.  A consumer may require that the meter be tested. If 
		the meter is found accurate, a charge of $5 will be made. If the meter is 
		found defective, a new meter will be installed and no charge will be 
		made.
(Ord. 48, passed 8-10-77)

§ 52.18  SERVICE LINES.
	(A)	The owner of each premises served by water shall maintain the service 
		line from the street right-of-way to the building, structure or other 
		improvement served with water in good condition with no leaks, breaks or 
		other malfunction.

	(B)	Unless otherwise authorized by the City Manager or his or her 
		representative, each service line shall serve one premises only.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

§ 52.19  REPAIR OF METERS AND THE LIKE.
	If the meter, remote reading device, meter horn or angle valve is damaged for any 
	reason, all required repair and replacement shall be at the expense of the 
	premises owner. If the meter, meter horn or angle valve malfunctions or is 
	defective, repair or replacement shall be at the expense of the city.
(Ord. 48, passed 8-10-77)

§ 52.20  DAMAGE TO FACILITIES.
	No person, except an employee of the city or its authorized representative in the 
	performance of his or her duties, shall break, damage, destroy, uncover, deface 
	or tamper with any structure, appurtenance, or equipment which is a part of the 
	Northwest Ottawa Water System in the city.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

§ 52.21  HYDRANT USE.
	No person, except an employee of the city or its authorized representative in the 
	performance of his or her duties, shall open or use any fire hydrant except in 
	case of emergency, without first securing written permission from the City 
	Manager and paying such charges as may be prescribed.
(Ord. 48, passed 8-10-77)  Penalty, see § 52.99

§ 52.22  WATER EMERGENCY ORDERS.
	The City Manager or Mayor, subject to prior approval by the Council, may by 
	written order regulate, limit or prohibit the use of water. Such regulations may 
	restrict less essential water uses to the extent deemed necessary to assure an 
	adequate supply for essential domestic and commercial needs and for fire 
	fighting. No such regulation, limitation or prohibition shall be effective until 
	24 hours after the publication thereof in a newspaper of general circulation in 
	the city or by posting copies of such order in ten public places within the city. 
	Any person violating such rule or regulation shall, upon conviction thereof, be 
	punished as prescribed in § 52.99.
(Ord. 48, passed 8-10-77)

§ 52.23  CITY LIABILITY.
	The city shall not be liable for any failure or deficiency in the supply of water 
	to consumers whether occasioned by shutting off the water to make necessary 
	repairs or connections or for any other cause.
(Ord. 48, passed 8-10-77)

RATES AND CHARGES

§ 52.35  SINGLE-FAMILY RESIDENTIAL CONNECTIONS.
	(A)	Connection charge.  A connection charge, in an amount to be established 
		and adjusted from time to time by City Council resolution, for (1) the 
		installation and use of a 1-inch service line to the property line, (2) 
		the installation and use of a Gé¼-inch by ¾-inch meter, (3) the use of a 
		meter horn, (4) the provision and use of an angle valve, such angle valve 
		and meter horn to be installed by the owner of the premises or his or her 
		agent, and (5) all necessary city inspections, shall be payable by each 
		premises connecting to the system. If the premises require a larger 
		service line, then the connection charge shall be adjusted to equal the 
		actual cost for the installation of the larger service line, the actual 
		cost of the provision and installation of a meter and a meter horn of 
		appropriate size, the actual cost of providing an angle valve of 
		appropriate size, and all necessary city inspections. The connection 
		charge shall be paid by each premises connecting to the system in cash at 
		the time application is made for a permit to connect in accordance with § 
		52.03. The city shall be the owner of the service line, the meter, the 
		remote reading device, the meter horn and the angle valve.

	(B)	Facilities charge.  Those premises adjacent to a system main which either 
		(1) have not been included in a special assessment district to pay any 
		part of the cost of such main or (2) have been included in a special 
		assessment district but have not been assessed for the water main which 
		will provide the water service, shall pay a facilities charge in lieu of 
		a special assessment to connect to the system, provided that no 
		facilities charge shall be made where the system main adjacent to the 
		connecting premises was constructed as part of a development or project 
		in which private parties or the city on behalf of and at the expense of 
		private parties has constructed such main unless the development or 
		project itself has frontage on a system main, in which event one 
		facilities charge shall be paid by the development or project for such 
		frontage. Such facilities charge, in an amount to be established and 
		adjusted from time to time by City Council resolution, shall be paid in 
		cash at the time application for a permit to connect to the system is 
		made in accordance with § 52.03.

	(C)	Trunk charge.  Those premises adjacent to a system main which have not 
		been included in a special assessment district which included as part of 
		the assessment a significant portion of the cost of the transmission 
		lines necessary to transmit water from its source to the premises shall 
		pay a trunk charge in an amount to be established and adjusted from time 
		to time by City Council resolution. Such trunk charge shall be payable in 
		cash at the time application for a permit to connect to the system is 
		made in accordance with § 52.03.

	(D)	Off and on charge.  If a customer desires that his or her water service 
		be turned off and later turned on, the charge for such turn off and turn 
		on shall be a fee in the amount of $10, such fee to be paid prior to the 
		time the water service is once again restored.
	
	(E)	Debt service charge.  Those premises adjacent to a system main required 
		to pay both the facilities charge specified in subsection (B) above and 
		the trunk charge specified in subsection (C) above may, if application 
		for water service is made before December 31, 1978, in accordance with § 
		52.03, and if the connection charge specified in subsection (A) above is 
		paid in full before December 31, 1978, be excused from paying the 
		facilities charge and the trunk charge by paying, in lieu thereof, a 
		monthly debt service charge of $2.50 for each month or part thereof that 
		water is furnished to the premises connected to the system. The debt 
		service charge shall be included with the bill for the charges for water 
		as provided in § 52.38. This debt service charge as well as all interest 
		thereon shall constitute a lien on the premises served. If any debt 
		service charge is not paid when due, then the same shall be deemed to be 
		delinquent and there shall be collected thereon a penalty at the rate of 
		0.5% for each month, or fraction thereof, that the same remains unpaid 
		before being reported to the City Clerk for assessment upon the city tax 
		roll as is hereinafter provided. On or before March 1 of each year the 
		City Treasurer shall deliver to the City Clerk a certified statement of 
		all debt service charges and penalties thereon to March 1 which are then 
		due and unpaid. The City Clerk shall then place such debt service charges 
		together with all penalties thereon to March 1 and an additional penalty 
		of 6% of the total amount upon the next general tax roll and the same 
		shall be collected and said lien shall be enforced in the same manner as 
		is provided for city taxes. In addition, if title to the premises is 
		transferred through sale (outright or on land contract), gift, death, or 
		other disposition, then the unpaid balance of the deferred amount of the 
		facilities charge and trunk charge, as specified on Exhibit A attached 
		hereto and hereby made a part of this chapter by reference, together with 
		all delinquent debt service charges and all interest thereon, shall be 
		due and payable in full as of the date of transfer. A transfer of title 
		between spouses by sale, gift, death or other disposition or as part of a 
		divorce or separate maintenance proceeding shall not be deemed a transfer 
		for purposes of this subsection. The city may, in its discretion, at any 
		time, record in the office of the Ottawa County Register of Deeds a 
		"statement of lien" to evidence the lien established hereunder. Such 
		statement of lien shall describe the pertinent provisions of this chapter 
		and the amount of debt service charge and interest thereon owed.
(Ord. 48, passed 8-10-77; Am. Ord. 49, passed 1-25-78)
Cross-reference:
	Sewer connection charges, see § 51.68

§ 52.36  NON-SINGLE-FAMILY RESIDENTIAL CONNECTIONS.
	All of the charges and fees provided for in § 52.35, including the terms and 
	conditions for payment thereof, shall be computed for non-single-family 
	residential customers on a schedule of unit factors to be established and 
	adjusted from time to time by the City Council by resolution, such schedule and 
	all adjustments thereto to be effective as specified in the adopting resolution, 
	provided that the charges provided in § 52.35(A) and (D) shall be the same for 
	non-single-family residential customers and that the unit factors shall utilize 
	as a base the charges specified in § 52.35 (B), (C) and (E). All terms of payment 
	and interest shall be the same hereunder as is provided in the applicable 
	subsections of § 52.35.
(Ord. 48, passed 8-10-77; Am. Ord. 49, passed 1-25-78)

§ 52.37  WATER RATES.
	Rates for water supplied to each premises connected to the system, for the 
	readiness to serve  charge, and for standby fire line connections, shall be 
	determined by the City Council and shall be established by a resolution adopted 
	and amended from time to time by the City Council. No free service shall be 
	furnished by the system to the city or to any person, firm or corporation, public 
	or private, or to any public agency or instrumentality. The city shall pay for 
	water supplied to it or any of its departments or agencies at the rates 
	established pursuant to this section from time to time. In addition, the city 
	shall pay for water used through fire hydrants for fire protection and other 
	purposes at the rates established pursuant to this section from time to time.
(Ord. 48, passed 8-10-77; Am. Ord. 49, passed 1-25-78)
Cross-reference:
	Sewer use rates, see § 51.69

§ 52.38  BILLING PROCEDURES; DISCONTINUING SERVICE.
	Charges for water shall be billed quarterly. Bills shall be mailed by the 
	fifteenth day of the month following the quarter for which the bills are rendered 
	and shall be due and payable on the fifteenth day of the next month. Bills not 
	paid on or before such due date shall be subject to a penalty charge equal to 10% 
	of the bill. Customers whose bills are not paid within five days after the due 
	date shall be mailed a reminder bill. If the bill is not paid within ten days 
	after the date of mailing of such reminder bill, then a 72-hour shut-off notice 
	shall be mailed. If the bill is not paid within 72 hours after the date of 
	mailing of such shut-off notice, the customer's water service shall be turned off 
	immediately without further notice. An additional penalty charge of $10 shall 
	then be charged to the customer and shall be paid together with all unpaid 
	charges before the service is turned on again. Charges for water shall constitute 
	a lien on the property served. On or before March 1 of each year, the City 
	Treasurer shall deliver to the City Clerk a certified statement of all water 
	charges and penalty charges thereon then six months or more past due and unpaid. 
	The City Clerk shall then place such charges on the next general tax roll and the 
	same shall be collected and said lien shall be enforced in the same manner as is 
	provided for general city taxes.
(Ord. 48, passed 8-10-77)
Cross-reference:
	Similar provision regarding sewer service, see § 51.70
Statutory reference:
	Delinquent charges as a lien; enforcement and exceptions regarding service to 
	tenants, see 
	M.C.L.A. § 141.121

§ 52.39  FISCAL YEAR.
	The system shall be operated on the basis of a fiscal year beginning July 1 of 
	each year and ending on June 30 of the next year.
(Ord. 48, passed 8-10-77)

§ 52.40  RECORDS AND REPORTS.
	The city should cause to be maintained and kept proper books of record and 
	account in which shall be made full and correct entries of all transactions 
	relating to the operation of the system. Not less than six months after the close 
	of each fiscal year of the system, the city shall cause to be prepared a 
	statement in reasonable detail showing the cash income and disbursements of the 
	system at the beginning and close of the operating year and such other 
	information as may be necessary to enable any taxpayer of the city, user or 
	beneficiary of the service provided by the system to be fully informed as to all 
	matter pertaining to the financial operation of the system during such fiscal 
	year. Such annual statement shall be filed in the office of the City Clerk where 
	it will be open to public inspection. Such books of record and account shall be 
	audited annually by a certified accountant to be designated by the City Council 
	and a certified copy of such audit shall be filed with the City Clerk. Such audit 
	may be a part of the general city audit.
(Ord. 48, passed 8-10-77)

§ 52.99  PENALTY.
	Any person or customer found guilty of violating any of the provisions of this 
	chapter, or any regulations or rules adopted pursuant thereto, shall be deemed 
	guilty of a misdemeanor and upon conviction thereof shall be punished as provided 
	in § 10.99. The city may in addition to the penalties herein set forth maintain 
	any proper action for the abatement of any condition allowed to exist in 
	violation of the provisions of this chapter.
(Ord. 48, passed 8-10-77)