Title 14-000 Utilities

  TITLE  14-000  UTILITIES.

 CHAPTER    14-100.      WATER

 PART             14-110.      WATER DEPARTMENT AND SYSTEM. 

The water department of the municipality is hereby created.  It shall administer the operation and maintenance of the water system of the municipality.

 14-111.      SUPERINTENDENT. 

                        There is hereby created the position of superintendent of the water department.

 14-112.      DUTIES OF THE SUPERINTENDENT. 

The superintendent of the water system shall manage and supervise the municipality water system pursuant to the provisions of this part and pursuant to resolutions, rules and regulations adopted by the governing body from time to time prescribing his powers and duties and directing the manner and frequency with which he shall make reports to the mayor relating to the water system.  All of the functions and activities of the superintendent shall be carried on under the direction of the mayor.

 14-113.      APPLICATION FOR WATER CONNECTION. 

Any person, other than a subdivider or developer seeking multiple connections, who desires or is required to secure a new connection to the municipality water system, shall file with the water department for each such connection a written and signed connection application in substantially the following form:

 

                                          “__________________________, UTAH

                           APPLICATION FOR WATER SERVICE TO THE MUNICIPALITY OF

                                          ___________________________, UTAH

   I hereby apply to the municipality of _____________________ for permission to connect my premises at _______________________________,with the municipality of _________________ water system and hereby agree as follows:

  1. (a) The municipality shall make the requested connection from its water main to and including the water meter and up to my property line or to the meter if the meter is installed within my property. I agree to pay the municipality the connection charges and fees as may be fixed by the governing body by resolution or ordinance including a reservoir charge if so provided.

Additionally, I agree to pay $_______ for inspection and overhead charges and other miscellaneous costs of the municipality as may be fixed by the governing body by resolution or ordinance.

The work of extending the water connection from the point to which the municipality installs it to the place at which the water is to be used shall be my responsibility and shall be performed at my sole cost.

(b) The connection so made by the municipality, including the meter, shall remain the property of the municipality at all times, and the municipality shall have access thereto at all times.

  1. The location of the meter, whether on my premises or at some point near my premises, may be decided solely by the municipality.
  2. Before making connection with the water system, I shall cause the plumbing upon my premises to be inspected by the municipality and if the plumbing is not approved, I will cause the plumbing to be rectified at my own expense to meet the requirements of the municipality or of any other governmental agency having jurisdiction to regulate the water system within the municipality.
  3. That the deposit shall not be considered as an advance payment for any service. Charges and unpaid accounts shall be considered delinquent notwithstanding the existence of the deposit, and the applicant or user of water service shall not have the right to compel the municipality to apply the deposit to any account to avoid delinquency.
  4. The purpose of which the water connection will be used is _________________

                           ________________________________________________________________.

  1. The municipality shall have free access to the lines and meters installed under this agreement and, at reasonable times, through my property if necessary.

 

                           Dated this ____ day of _________________, 19__.

                                                                                     ___________________________________

                                                                                                                                  (Applicant)

 

14-114.      APPLICATION FOR WATER CONNECTION BY SUBDIVIDER. 

Whenever a subdivider or developer desires or is required to install water connections and extensions for a subdivision or development, the subdivider or developer shall enter into a written extension agreement which shall constitute an application for permission to make the extensions and connections and an agreement specifying the terms and conditions under which the water extensions and connections shall be made and the payments that shall be required.

 14-115.      APPLICATION FOR WATER SERVICE. 

Any person who desires or is required to secure water service when such service is available from the municipality water system, shall file with the water department a written application and agreement for the service which shall be in substantially the following form:

 

                                          “__________________________, UTAH

                           APPLICATION FOR WATER SERVICE TO THE MUNICIPALITY OF

                                          ___________________________, UTAH

               The undersigned hereby applied for water service from the municipality of _____________________, Utah, for premises located at _______________________________, and hereby agrees:

  1. To pay charges for such water service as are fixed from time to time by the governing body until such time as I shall direct such service to be discontinued.
  2. In the event of a failure to pay water charges within the due dates fixed by the governing body or a failure of the occupant of the premises to conform to the ordinances and regulations established by the governing body regulating the use of the water system, that the municipality shall have the right to discontinue the water system service at its election, pursuant to five days written notice of the municipality’s intention, until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to this ordinance or regulations issued thereunder is eliminated.
  3. To be bound by the rules, regulations, resolutions, or ordinances enacted or adopted by the governing body applicable to the municipality’s water system.

Applicant does hereby deposit $_______ with the municipality on the filing of this application for water service, and it is agreed and understood that the municipality may, but need not, apply the deposit upon bills due for prior service and that the right of the municipality to shut off service as above provided shall exist even though the deposit has not been applied to the payment of past due bills for services. On final settlement of applicant’s account, any unused balance of the deposit will be refunded to applicant upon return of the security deposit receipt issued by the municipality at the time the deposit is made.

  1. That the deposit shall not be considered as an advance payment for any service. Charges and unpaid accounts shall be considered delinquent notwithstanding the existence of the deposit, and the applicant or user of water service shall not have the right to compel the municipality to apply the deposit to any account to avoid delinquency.

 

                           Dated this ____ day of _________________, 19__.

                                                                                     ___________________________________

                                                                                                                                  (Applicant)

 

 

14-116.      NON-OWNER APPLICANTS - AGREEMENT OF OWNER. 

Applications for water service made by the tenant of an owner must in addition to the above requirements be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent in substantially the following form:

 “In consideration of the acceptance of the application for water service submitted by _________________ (tenant) ________________, I or we will pay for all water services for any such tenant or any other occupant of ______________________ premises in case such tenant or occupant shall fail to pay fro the same according to the ordinances, rules, regulations, or resolutions enacted by the municipality.

 

                           Dated this ____ day of _________________, 19__.

                                                                                     ___________________________________

                                                                                                                                  (Owner)

 14-117.      RATES AND CONNECTION FEES. 

The rates, penalty fee for delinquency in payment, connection fee, reservoir fee, inspection fee and other charges incidental to connection and services from the municipality water system shall be fixed from time to time by resolution enacted by the governing body.  The governing body may from time to time promulgate rules for levying, billing, guaranteeing and collecting charges for water services and all other rules necessary for the management and control of the water system. Rates for services furnished shall be uniform with respect to each class or classes of service established or that may hereafter be established.

 14-118.      SPECIAL RATES. 

The governing body may from time to time fix by agreement or resolution special rates and conditions for users using exceptionally large amounts of water service or making use of the water system under exceptional circumstances, upon such terms and conditions as they may deem proper.

 14-119.      BOARD OF EQUALIZATION, RATES, AND REBATES. 

The governing body is hereby constituted a board of equalization of water rates to hear complaints and make corrections of any assessments deemed to be illegal, unequal, or unjust.  They may, if they see fit,  rebate all or any part of the water bill of any indigent person.

 14-120.      USE WITHOUT PAYMENT PROHIBITED. 

It shall be unlawful for any person by himself, family, servants, or agents to utilize the municipality water or sewer system without paying therefor, as herein provided or, without authority, to open any fire hydrant, stopcock, valve, or other fixtures attached to the system of water supply unless it is done pursuant to proper application, agreement, or resolution.  It shall be unlawful to injure, deface, or impair any part or appurtenance of the water or sewer system, or to cast anything into any reservoir or tank belonging to the water system.

 14-121.      DELINQUENCY - DISCONTINUANCE OF SERVICE.

  1. The recorder or water supervisor shall furnish to each user, or mail to, or leave at his place of residence or usual place of business, a written or printed statement stating thereon the amount of water service charges assessed against him once each month or at such other regular interval as the governing body shall direct.
  2. The statement shall specify the amount of the bill for the water service and the place of payment and date due.  If any person fails to pay the water charges within 30 days of the date due, the recorder or water supervisor shall give the customer notice in writing of intent to discontinue the service to the customer unless the customer pays the bill in full within five days from the date of notice.
  3. If the water service is thereafter discontinued for failure to make payment, then before the water service to the premises shall again be provided, all delinquent water charges must have been paid to the treasurer or arrangements made for their payment in a manner satisfactory to the municipality.  In the event water is turned off for nonpayment of water charges, then before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent water charges, such extra charge for turning the water on and off as the governing body may have established by resolution. Until such a resolution has been adopted, there shall be added an extra charge of $  10.00    for turning on the water. Furthermore, in addition to such payments and penalties, a delinquent customer may be required to make and file a new application and deposit if the previous deposit has theretofore been applied to the payment of delinquent bills.  The recorder is hereby authorized and empowered to enforce the payment of all delinquent water charges by an action at law in the name of the municipality.

 14-122.      TURNING ON WATER AFTER BEING TURNED OFF PROHIBITED. 

It shall be unlawful for any person, after the water has been turned off from the premises for nonpayment of water charges or other violation of the ordinances, rules, regulations, or resolutions pertaining to the water supply, to turn on or allow the water to be turned on or used without authority from the superintendent or recorder.

 14-123.      SEPARATE CONNECTIONS. 

It shall be unlawful for two or more families or service users to be supplied from the same service pipe, connection or water meter unless special permission for such combination usage has been granted by the governing body and the premises served are owned by the same owner.  In all such cases, a failure on the part of any one of the users to comply with this section shall warrant a withholding of a supply of water through the service connections until compliance or payment has been made, and in any event, the property owner shall be primarily liable to the municipality for all water services utilized on all such premises.  Nothing herein shall be deemed to preclude the power of the municipality to require separate pipes, connections, or meters at a subsequent time.

 14-124.      UNAUTHORIZED USERS. 

It shall be unlawful for any water service user to permit any person from other premises or any unauthorized person to use or obtain water services regularly from his premises or water facilities, either outside or inside his premises.

 14-125.      PERIOD FOR VISITORS. 

Individuals visiting the premises of an authorized user in a recreational vehicle not including a mobile home and continuing to live therein during the period of visitation may receive water service from the service pipes or facilities of the host during the visitation period which shall not exceed   two    month(s).  Continued use thereafter shall be deemed unauthorized and violative of the provisions of this part relating to separate connections and unauthorized use.                                                                     

14-126.      PIPES TO BE KEPT IN GOOD REPAIR. 

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

 14-127.      QUALITY OF SERVICE PIPE.

  1. All service and other pipe used in conjunction with the water services of the municipality shall be of such material, quality, and specifications as the governing body may from time to time by resolution provide, and shall be installed at such distances below ground as may be specified by regulations relating to the water department.  All work, alterations, or extensions affecting water pipes shall be subject to the acceptance of the water superintendent, and no connections with any water mains shall be made without first obtaining a permit therefor from the recorder/clerk.
  2. No consumer shall be permitted to conduct water pipes across lots or buildings to adjoining premises without permission from the water superintendent and subject to such requirements relating to controls as may be imposed by him.

 14-128.      FAULTY EQUIPMENT.

   It shall be unlawful for any water user to:

  1. Waste water.
  2. Allow it to be wasted by stops, taps, valves, leaky joints or pipes, or to allow tanks or watering troughs to leak or overflow.
  3. Wastefully run water from hydrants, faucets, or stops or through basins, water closets, urinals, sinks or other apparatus.
  4. Use the water for purposes other than for those which he has applied, or to use water in violation of the rules and regulations for controlling the water supply.

 14-129.      SPRINKLING VEHICLES. 

Vehicles for sprinkling shall be regulated and controlled by the water department through the superintendent of the water department.

 14-130.      DEPARTMENT TO HAVE FREE ACCESS. 

The water superintendent and his agents shall at all ordinary hours have free access to any place supplied with water services from the municipality system for the purpose of examining the apparatus and ascertaining the amount of water service being used and the manner of its use.

 14-131.      NONLIABILITY FOR DAMAGES. 

The municipality shall not be liable for any damage to a water service user by reason of stoppage or interruption of his or her water supply service caused by fires, scarcity of water, accidents to the water system or its mains, or which occurs as the result of maintenance and extension operations, or from any other unavoidable cause.  This section shall not be construed to extend the liability of the municipality beyond that provided in the Governmental Immunity Act.

 14-132.      WATER NOT SUPPLIED FOR MOTORS, SYPHONS, ETC. 

No water shall be supplied from the pipes of the municipality water system for the purpose of driving motor, syphon, turbine, or other wheels, or any hydraulic engines, or elevators, or for driving or propelling machinery of any kind whatsoever, nor shall any license be granted or issued for any such purpose except by special permission of the governing body.

 14-133.      SPRINKLERS.

  1. It shall be unlawful for any person to use such number of outlets simultaneously or to use such sprinkler or combinations of sprinkler or outlets as will in the opinion of the governing body materially affect the pressure or supply of water in the municipality water system or any part thereof, and the governing body may from time to time, by resolution, specify combinations or numbers of outlets which may have such effect.
  2. The governing body shall, after determining that such improper use exists, notify the affected water user or the owner of the premises whereon such use occurs of such determination in writing, order such use discontinued and advise that such continued usage constitutes a violation of this part.

 14-134.      SCARCITY OF WATER.

In time of scarcity of water, whenever it shall in the judgment of the mayor and the governing body be necessary, the mayor shall by proclamation limit the use of water to such extent as may be necessary.  It shall be unlawful for any person, his family, servants, or agents, to violate any proclamation made by the mayor in pursuance of this part.

 14-135.      WASTE OF WATER.

  1. Users of water from the municipality water system shall not permit water to continue to run wastefully and without due efforts to conserve water.  If, in the judgment of the water superintendent or of any of the officers of the municipality, a user of municipality water engages in practices which result in the needless waste of water and continues so to do after reasonable notice to discontinue wastefulness has been given, the superintendent or any officer may refer the matter to the governing body.
  2. The governing body may thereupon consider terminating the right of the individual to use culinary water.  If it elects to consider the matter of termination, it shall give notice to the water user of the intention to terminate his water connection at least five days prior to the meeting of the governing body at which termination of water service is to be considered.  The notice shall inform him of the time and place of the meeting and of the charges which lead to the consideration of the termination.
  3. A water user whose right to utilize municipality water is being reviewed shall have opportunity to appear with or without counsel and present his reasons why his water service should not be discontinued.
  4. After due hearing, the governing body may arrive at a determination.  If the determination is to discontinue the wasteful water user's service connection, it shall notify him of the decision and of the period during which the service will remain discontinued.

 14-136.      WATER METERS

  1. Except as otherwise expressly permitted by this part, all structures, dwelling units, establishments and persons using water from the municipality water system must have such number of water meters connected to their water system as are necessary in the judgment of the superintendent to adequately measure use and determine water charges to the respective users.
  2. Meters will be furnished by the municipality upon application for a connection, and upon payment of such connection fees and other costs as may be established by the governing body from time to time by resolution.
  3. Meters shall be deemed to be and remain the property of the municipality.  Whenever a dispute between superintendent and the property owner arises as to the appropriate number of meters to be installed on any premises, the matter shall be heard and determined by the governing body after due notice in writing to the parties involved.
  4. The superintendent shall cause meter readings to be taken regularly and shall advise the recorder thereof for the purpose of recording the necessary billings for water service.
  5. Meters may be checked, inspected or adjusted at the discretion of the municipality, and they shall not be adjusted or tampered with by the customer.  Meter boxes shall not be opened for the purpose of turning on or off the water except by an authorized representative of the municipality unless special permission is given by the municipality through its representatives to the customer to do so.
  6. If a customer submits a written request to the superintendent to test his water meter, the municipality may, if under the circumstances it deems it advisable and in its discretion, order a test of the meter measuring the water delivered to such customer.  If such request is made within twelve months after the date of the last previous test, the customer may be required to pay the cost of such test.  If the meter is found in such test to record from 97% to 103% of accuracy under methods of testing satisfactory to the governing body, the meter shall be deemed to accurately measure the use of water.
  7. If the municipality's meters fail to register at any time, the water delivered during the period of failure shall be estimated on the basis of previous consumption during a period which is not questioned.  In the event a meter is found to be recording less than 97% or more than 103% of accuracy, the municipality shall make such adjustments in the customer's previous bills as are just and fair under the circumstances.
  8. All damages or injury to the lines, meters or other materials of the municipality on or near the customer's premises caused by any act or neglect of the customer shall in the discretion of the municipality be repaired by and at the expense of the customer, and the customer shall pay all costs and expenses, including a reasonable attorney fee, which may arise or accrue to the municipality through its efforts to repair the damage to the lines, meters or to other equipment of the department or collect such costs from the customer.

 14-137.      PERMITS FOR INSTALLATION. 

It shall be unlawful for any person to lay, repair, alter or connect any water line to the municipality culinary water system without first having received a construction permit from the office of the recorder/clerk or from the water superintendent.

14-138.      APPLICATIONS FOR INSTALLATION PERMIT.

  1. Applications for permits to make water connections or other alteration or for laying or repairing lines connected directly or indirectly to the municipality water system must be made in writing by a licensed plumber, his authorized agent, or by the owner of the premises who shall describe the nature or the work to be done for which the application is made. The application shall be granted if the superintendent determines that:
  2. The connection, repair, alteration or installation will cause no damage to the street in which the water main is laid, or that it will not be prejudicial to the interests of persons whose property has been or may thereafter be connected to the water main.
  3. The connection conforms to the ordinances, regulations, specifications and standards of materials required by the municipality.  All connections, alterations or installations shall be to the line and grade designated by the water superintendent.
  4. Fees for permits or for inspection services shall be of such amounts as the governing body shall from time to time determine by resolution.

 14-139.      MOVING OR REPLACEMENT OF WATER LINES. 

In the event that the municipality in its sole discretion determines that any water line of the municipality must be moved or replaced, the municipality shall bear that portion of the cost of such move or replacement which applies to main lines up to the property line of the customer.  The cost of reconnecting such new line or lines from the house of the customer to his property line shall be borne by the customer.

 14-140.      WHEN PERMITS SHALL NOT BE ISSUED. 

Permission to connect with the municipality water system shall not be given unless the plumbing in the house or building to be connected meets the provisions of the building and plumbing codes of the municipality.

 14-141.      DISCONTINUANCE OF SERVICE. 

Any customer desiring to discontinue service shall notify the municipality in writing of such fact at least ten days before the date when such service shall be discontinued.  On giving such written notice, the customer shall not be responsible for water bills incurred after the date specified in the notice.  Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit will be refunded upon discontinuance of service.

 14-142.      FIRE HYDRANTS. 

Water for fire hydrants will be furnished free of charge by the municipality.  Installation and repairs on such hydrants shall be at the expense of the municipality and shall be made under the direction of the municipality.  All customers shall grant the municipality upon demand, a right-of-way or easement to install and maintain such hydrants on their premises if the municipality concludes that hydrants shall be so installed for the protection of the residents of the municipality.

 14-143.      EXTENSION OF WATER MAINS WITHIN THE MUNICIPALITY. 

Any person or persons, including any subdivider, who desires to have the watermains extended within the municipality, and is willing to advance the whole expense of such extension and receive the return of an agreed portion thereof, as hereinafter provided, may make application to the governing body by petition.  The petition shall contain a description of such proposed extension accompanied by a map showing the location of the proposed extension together with an offer to advance the whole expense thereof, which cost shall be verified by the water superintendent.  The governing body may grant or deny the petition as in its discretion seems best for the welfare of existing water users in the municipality.

14-144.      COST OF EXTENSIONS DETERMINED. 

Upon the receipt of such petition and map and before the petition is granted, the governing body shall obtain from the water superintendent a certified statement showing the whole cost of expense of making such extension.

 14-145.      AMOUNT OF COST TO BE DEPOSITED WITH RECORDER. 

If the governing body grants the petition, the amount of the cost of making the extension, as certified by the superintendent shall be deposited with the recorder before any work shall be done on such extension.  The deposit shall be made within 30 days, or such other time as the governing body shall indicate, after the granting thereof.

 14-146.      RETURN OF ANY MONEY - FORFEITURE.

  1. At the time the governing body decides whether or not to grant petition for an extension, it shall also decide whether or not any portion of the costs is to be refunded and the manner and circumstances under which such refund shall be made or credited to the applicant, his successors or representatives. Such determination shall be duly recorded in writing and a copy thereof furnished to the applicant.
  2. In the event any deposit remains unclaimed for a period of five years after the depositor has discontinued water service, the deposit may be forfeited and then transferred to the water utility fund.

 14-147.      OWNERSHIP OF EXTENSION. 

Any such extension shall be deemed the property of the municipality. 

 PART             14-150.  SERVICE OUTSIDE MUNICIPALITY.

 14-151.      SUPPLY OF WATER SERVICES TO PERSON OUTSIDE THE MUNICIPALITY LIMITS. 

The municipality may furnish water service from its water system to persons outside the municipality in accordance with the provision of this part. 

14-152.  PETITION FOR SERVICE. 

Any person located outside the municipality limits who desires to be supplied with water services from the municipality water system and is willing to pay in advance the whole expense of extending the water system to his property, including the cost of extending the water main beyond its present location, may make application to the governing body by petition containing:

  1. A description of the proposed extension.
  2. A map showing the location thereof.
  3. An offer to pay the whole expense incurred by the municipality in providing such extension and to advance such expenses as shall be verified to by the water superintendent.  The governing body and the person or persons seeking such extension may enter into an agreement providing in detail the terms under which the extension may be utilized by others in the future and the terms under which all or any portion of the cost of installing such extension may be refunded.
  4. An acknowledgment that the municipality in granting the petition need supply only such water to the petitioner which from time to time the governing body deems beyond the requirements of water users within the municipality limits, and that such extension shall be the property of and subject to the control of the municipality.

 14-153.      EXTENSIONS MAY BE MASTER-METERED. 

When an extension supplying more than one house or user outside the municipality limits is connected to municipality water mains, the water superintendent may require a master meter to be installed near the point where the connection is to be made to the municipality main.  This installation will be at the expense of the persons served by such extension according to the regular rates for meter installation. Responsible parties must agree to pay all bills for water served through the meter at the applicable water rates.

 14-154.      COST OF EXTENSIONS TO BE DETERMINED BY WATER SUPERINTENDENT.  

Upon receipt of such petition and map and before the petition is granted, the governing body shall determine what portion, if any, of the extension of the municipality water mains to the municipality limits the municipality shall construct, and shall obtain from the water superintendent a verified statement showing the whole cost and expense of making such extension.  Such costs and expenses shall include administrative and supervisory expenditures of the municipality water department, which shall in no event be deemed to be less than ten percent of the cost of materials and labor.

 PART             14-160.      SECONDARY WATER ENTERPRISE FUND.

   14-161.      CREATION OF SECONDARY WATER ENTERPRISE FUND.

Pursuant to the ordinance, the Town creates the Secondary Water Enterprise Fund for the financial administration of a pressurized irrigation system.

  1. Secondary water rates shall be as follows:
  2. Yearly user fee of $300.00 per acre for residential lots, $61.98 per acre for agricultural, $120.00 per acre for stand-by plus BIA fees.
  3. A deposit of $500.00 will be required for all new secondary water customers.

   14-162.      PAYMENT OF RATES AND DELINQUENCY.

The Town shall not be required to extend any secondary water service to any house, apartment, building, place, premise or lot, unless application for service is made in writing, in which  application the owner shall agree to pay for all secondary water, furnished to the house, apartment, building, place, premise or lot according to the ordinances, rules and regulations enacted by the Town. At the discretion of the Town, a signed agreement by the owner applying for secondary water agreeing to the prompt payment of fees, rates and charges set forth in a rate resolution duly authorized by the Town Council of the Town may be required for service connection. In case the owner, tenant or occupant of the premises, house, apartment, building, place or lot fails to pay for the secondary water furnished, such owner, tenant or occupant, according to such ordinances, rules or regulations enacted or adopted, the Town may cause the secondary water service to be disconnected. The Town shall not be required to re-connect the service until all arrears plus any delinquency rates for the secondary water furnished are paid in full

A. Non-payment of water assessment will result in a non-refundable deposit of $100.00 to be charged when the irrigation water hookup is reconnected. The delinquent bill and the reconnect fee must be paid in full before the water is reconnected (Resolution #2005-5).

B. If the past due fees becomes delinquent for more than one (1) year, further steps will be taken:

1. The Town will file a lien on the customer’s property for the past due fees for services the Town has provided to the customer’s property by certifying to the treasurer of the county in which the customer’s property is located in past due fees, including, subject to Section 17B-1-902.1 of the Utah Code, applicable interest and administrative fees.

C. Upon certification the past due fee, and if applicable, interest and administrative costs, become a lien on the customer’s property to which the services were provided. A lien filed has the same priority as, but is separate and distinct from, a property tax lien.

1. If the Town certifies past due fees, the Duchesne County treasurer shall include on a property tax notice issued in accordance with Section 59-2-1317 of the Utah Code, an unpaid fee, administrative cost or interest.

2. If an unpaid fee, administrative cost or interest is included on a property tax notice, the County treasurer shall on the property tax notice: clearly state that the unpaid fee, administrative cost or interest separate from any other tax, fee, interest, or penalty that is included on the property tax in accordance with Section 59-2-1317 of the Utah Code.

3. A lien is not valid if certification is made after the filing for record of a document conveying title of the customer’s property to a new owner.

4. Nothing in this section maybe construed to waive or release the customer’s obligation to pay fees that the Town has imposed, preclude the certification of a lien with respect to past due fees for services provided after the date that title to the property is transferred to a new owner, or nullify or terminate a valid lien.

5. After all amounts owing under a lien established have been paid, the Town shall file for record int eh Duchesne County Recorder’s office a release of lien.

 

      14-163.      NO SERVICES WITHOUT ADEQUATE WATER SHARE/RIGHTS.

The Town shall not be obligated to furnish secondary water service without the applicant providing sufficient evidence of available water rights in an amount to irrigate the property connected to the application.

 

  14-164.      SCARCITY OF WATER.

In the event of a scarcity of water, the Mayor may, by proclamation, limit the use of water for any purpose other than on a limited basis to such extent as may be required for the public good in the judgement of the Town Council.

 

  14-165.      PROHIBITION OF CROSS CONNECTION.

Any actual or potential connection between the potable water system and the secondary water system, which introduces the possibility of mixing public drinking water with untreated secondary water, industrial fluids, used water, gas or any other substance, is strictly prohibited.

 

  14-166.      EFFECTIVE DATE.

                        The ordinance shall be effective immediately upon passage.

 

CHAPTER    14-200.      SEWERS.

 PART             14-210.      ADMINISTRATION.

 14-211.      SEWER DEPARTMENT AND SYSTEM. 

The sewer department is hereby created.  It shall comprise all of the property, equipment and personnel necessary to the maintenance and operation of the municipality's sewage collection and disposal system.  The department shall administer the operation and maintenance of the municipality sewer system.

 14-212.      SUPERINTENDENT OF THE SEWER DEPARTMENT. 

                        There is hereby created the position of superintendent of the sewer department.

 14-213.      DUTIES OF THE SUPERINTENDENT. 

The superintendent of the sewer department shall manage and supervise the municipality's sewer system under the direction of the governing body which from time to time shall by resolution or otherwise prescribe his powers and duties and direct the manner and frequency with which he shall make reports to the mayor relating to the sewer system. 

 14-214.      APPLICATION FOR SEWER SERVICE. 

Any person who desires or is required to secure sewer service when such service is available from the municipality sewer systems shall apply therefor to the recorder and file an agreement with the municipality which shall be in substantially the below-stated form:

 

                                          “APPLICATION FOR SEWER SERVICE

                                                          ____________________

                                                                      (DATE)

 

                              TO THE MUNICIPALITY OF _____________________.

            The undersigned hereby applies for sewer services from the municipality for premises located at ______________________ and hereby agrees to pay charges for such sewer services as shall be fixed by the governing body of the municipality by resolution or ordinance until such time as I shall direct such service to be discontinued.

            In the event of a failure to pay for this service within the due dates fixed by the governing body or a failure of the occupant of the premises to conform to the ordinances and regulations established by the governing body relating to the use of the sewer system, the municipality shall have the right to discontinue my water service from the municipal water system until all delinquencies and any reconnection fees imposed are paid in full or until any failure to conform to the sewer ordinances or regulations issued thereunder is eliminated.

            Additionally, I agree that the municipality shall have the right to institute collection proceedings by all means available to it, including suit in a court of proper jurisdiction. The applicant agrees to pay all costs of collection including court costs and attorney’s fees.

            The undersigned agrees to be bound by the rules, regulations, resolutions, or ordinances enacted or adopted by the governing body of the municipality applicable to the municipality’s sewer system.

                                                                                                        __________________________”

                                                                                                                            (signed)

 

14-215.      NONOWNER APPLICANTS - AGREEMENT BY OWNER. 

Applications for sewer services made by the tenant or an owner must in addition to the above requirement be guaranteed by an agreement signed by the owner of the premises or his duly authorized agent to the following effect:

 

            In consideration of the acceptance of the application for sewer service submitted by (any present or future tenant) _____________________, I, or we, will pay for all sewer services furnished to such tenant, or other occupant of _____________________ (premises) _______________, in case such tenant or occupant shall fail to pay for the same according to the ordinances, resolutions, rules or regulations of the municipality.

                                                                                              ________________________________

                                                                                                                                         ( Owner)

 

14-216.      RATES AND CONNECTION FEES. 

The rates, penalty fee for delinquency in payment and connection fees for sewer services from the municipality sewer system shall be fixed from time to time by resolution or ordinance of the governing body.  The governing body may from time to time enact rules for levying, billing, guaranteeing and collecting charges for sewer services and all other rules necessary for the management and control of the sewer system.

 14-217.      SPECIAL RATES. 

The governing body may from time to time fix by agreement or resolution special rates and conditions upon such terms as they may deem proper for users of the sewer service discharging wastes of unusual characteristics or making use thereof under exceptional circumstances.

 14-218.      BOARD OF EQUALIZATION, RATES AND REBATES. 

The governing body is hereby constituted a board of equalization of sewer rates to hear complaints and make corrections of any assessments or charges deemed to be illegal, unequal, or unjust. 

 14-219.      DELINQUENCY - DISCONTINUANCE OF SERVICE.

  1. The sewer department, or such other person as the governing body may designate, shall furnish to each user or mail or leave at his place or residence or usual place of business, a written or printed statement stating the sewer service charges assessed against him once each month or at such other regular intervals as the governing body shall direct.  The statement shall specify the amount of the bill, the place of payment, and the date due.
  2. If any person fails to pay his sewer charges within 30 days of the date due, the recorder or the sewer superintendent shall give the customer notice in writing of the intent to discontinue the service of water to the premises unless the customer pays the bill in full within five days from date of notice.
  3. If the water service is thereafter discontinued for failure to make payment of the sewer service charges, before the water service to the premises shall again be provided, all delinquent sewer charges must have been paid to the municipality treasurer or arrangements made for their payment that are satisfactory to the municipality.
  4. In the event water is turned off for nonpayment of sewer charges, before the water service to the premises shall again be provided, the customer shall pay, in addition to all delinquent charges, such extra charge for turning the water on and off as the governing body may have established by resolution or ordinance.
  5. If any person fails to pay his sewer charges within 30 days of the due date, the recorder or the sewer supervisor is hereby authorized to take all action necessary to enforce collection, including but not limited to the commencement of legal proceedings in a court of proper jurisdiction seeking judgment for the amount of the delinquent fees and service charges and all costs of collection, including court costs and attorney's fees.

14-220.      USE OF SEWER SYSTEM MANDATORY. 

It shall be unlawful for the owner or any other person occupying or having charge of any premises within the municipality which are located within 300 feet of a sewer main to dispose of sewage therefrom by any means other than by use of the municipality sewer system.  It shall be unlawful to construct or to continue the use of any other sewage disposal system such as a privy, vault, cesspool, or septic tank on the property except by written approval of the governing body in cases of undue hardship.

 14-221.      QUALIFIED PLUMBING NECESSARY.

 It shall be unlawful for any person to connect any drain or sewer pipe with the municipality sewer system unless the person is a duly licensed plumber or unless, in the absence of a duly licensed plumber, any proposed connection to, alteration of, or change of connection to the sewer system shall be first submitted to the sewer superintendent for review and approval.  After such approval, the installation or work done shall be subject to inspection by the superintendent or his agent.

 14-222.      PERMITS FOR INSTALLATIONS. 

It shall be unlawful for any person to directly or indirectly engage in the laying, repairing, altering or connecting of any drain or sewer pipe connected with or part of the municipality sewer system without first having received a permit from the office of the recorder or the sewer superintendent.

 14-223.      WHEN PERMITS SHALL NOT BE ISSUED. 

Permits to connect to the municipality sewer system shall not be issued unless the plumbing in the house or building to be connected is in accordance with the provisions of the building and plumbing codes of the municipality.

14-224.      REVOCATION OF PERMITS. 

All construction permits for sewer connections or installations shall be issued to the plumber who is to do the work or to the owner of the property, subject to the supervision and inspection by the superintendent or his agents.  The recorder or superintendent may at any time revoke a permit because of defective work or because of undue delay in completing the permitted work.

 14-225.      PIPES TO BE KEPT IN GOOD REPAIR. 

All users of the sewer services shall keep their service pipes, connections, and other apparatus in good repair and protected from frost at their own expense.  No person, except under the direction of the sewer superintendent, shall be allowed to dig into the street for the purpose of removing or repairing any sewer service pipe or main.

 14-226.      QUALITY OF SERVICE PIPE. 

All service and other pipes used in conjunction with the sewer services of the municipality shall be of such material, quality and specifications as the governing body may from time to time by resolution provide and shall be installed at such distances below ground as may be specified by regulations relating to the sewer department.  All work, alterations or extensions affecting sewer pipes shall be subject to the acceptance of the sewer superintendent, and no connections with sewer mains shall be made without first obtaining a permit therefor from the recorder.

 14-227.      DEPARTMENT TO HAVE FREE ACCESS. 

The sewer superintendent and his agents shall at all ordinary hours have free access to places supplied with sewer services from the municipality system for the purpose of examining the apparatus, ascertaining the sewer service being used and the manner of its use.

 14-228.      TRIAL SEWER SURVEY. 

In order to determine the feasibility of connecting a basement or proposed basement to the sanitary sewer, the owner or plumber may make an application for a trial sewer survey, the cost of which shall be as established from time to time by resolution of the governing body.  The result of a trial sewer survey shall not constitute a permit to connect to the sewer and is merely for information purposes.

 

PART             14-230.      REGULATION AND CONTROL OF SEWER.

 14-231.      PROHIBITED USES.

  1. Inflammables.  It shall be unlawful for any person to injure, break or remove any part or portion of any sewer appliance or appurtenance, or to discharge into a sewer any inflammable gas, gasoline or oil, any calcium carbide or residue therefrom, or any liquid or other materials or substance which will emit an inflammable gas when in contact with water, sewage or fire.  Oil separators installed in any building where volatile fluids are used must not be connected directly or indirectly with a sewer.
  2. Waste pipes from enumerated establishments.  The contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses containing inflammable substances, car barns, buildings for the stabling or keeping of horses, cows and other animals, or plants using milk or processing milk products, and all similar establishments shall not be disposed of through connection with a sanitary sewer unless such contents are discharged into settling tanks properly trapped and vented. The construction of such tanks must be approved by the municipality engineer, and must be subject to his inspection, approval, or condemnation before cement is poured and at all times thereafter until completion of such construction.  Upon condemnation by the municipality engineer, the sewage from the tanks shall not be allowed to flow into the sewer until satisfactory alterations have been made and the construction approved by the municipality engineer.
  3. Obstructive material.  It shall be unlawful for any person to empty or discharge into the public sanitary sewer any garbage, refuse or other similar matter or substance likely to obstruct the sewer, or any substance, solid or liquid other than the waste products for which the sewer is provided.
  4. Drainage waters and destructive materials.  It shall be unlawful for any person to connect with a public sanitary sewer any drain or pipe which discharges rain water, cellar or surface water, acids, alkalies, lye or other injurious liquids, or the contents of any spring, flowing well, creek, ditch, or other water courses.  No boiler or heating plant shall be directly connected to the sanitary sewer.  The overflow from boilers or heating plants, when cooled to a temperature not to exceed 120 degrees fahrenheit, will be allowed to run to a sump, which sump shall be connected to the sewer. The discharge of the contents of waste pipes from water filters, gas engines, air compressors, vacuum or dry cleaners, garages, wash racks, stores or warehouses which contain inflammable substances, buildings, for the stabling or keeping of horses, cows and other animals, and all similar establishments, shall not be made into or connected with a sanitary sewer, unless such contents are discharged into settling tanks properly trapped and vented.  Settling tanks shall be constructed of a material approved by the superintendent and shall be at all times subject to his inspection and approval or condemnation.  Upon condemnation by the superintendent, the sewage from said tanks shall not be allowed to flow into sewer until satisfactory alterations have been made and the construction approved by the superintendent.

 14-232.      REGULATIONS. 

The governing body shall have power to and retains the right to adopt regulations controlling the manner and circumstances under which the sewer system may be used in addition to the regulatory provisions set forth expressly in this chapter.

 14-233.      OWNERSHIP OF CONNECTING LINES. 

All lines and mains connecting the sewer system to a land owner or resident’s premises which are situated on the public way between the main and the property line shall be deemed to be the property of the land owner but will be subject to the municipalities absolute control and supervision.

 14-234.      SEWER MAN-HOLES. 

It shall be unlawful for any person to open any sewer man-hole without permission from the superintendent.

 14-235.      DESTRUCTION.

 It shall be unlawful for any person to destroy, deface, injure or interfere with the operation of any part or appurtenance of the sewer system.