City Ordinances: Chapters 93-94

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CHAPTER 92: WATER RATES

92.01   SERVICE CHARGES.  Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91.  Each location, building, premises or connection shall be considered a separate and distinct unit whether owned or controlled by the same person or not. (Code of Iowa, Sec. 384.84)

92.02   RATES FOR SERVICE.  (Code of Iowa, Sec. 384.84)

  1. Individual Rate. Water service shall be furnished at the following rates within the City:
  2. First 1,000 gallons used per month – $16.20 plus $10.00 per month for capital project debt retirement (minimum bill).
  3. Usage in excess of 1,000 gallons shall be billed at $2.45 per 1,000 gallons.
  4. Rates For Multiple Units.
  5. Multiple units, including residential, business, institutional or industrial units, may be serviced from a single meter. The minimum charge for the service shall be $16.20 plus $10.00 per month for capital project debt retirement, multiplied by the number of units serviced from the meter.  The minimum charge is for 1,000 gallons per unit.  Usage in excess of 1,000 gallons per unit will be billed at a rate of $2.45 per 1,000 gallons per month.
  6. It is the responsibility of the property owner to notify the Clerk of any vacancy in multiple residential and/or business units and until such notification is received, the City will charge according to the total number of units serviced by one meter.

(Section 92.02 – Ord. 458-16 – Jun. 18 Supp.)

92.03   RATES OUTSIDE THE CITY.  Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at the rates provided in Section 92.02.  No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the Council. (Code of Iowa, Sec. 364.4 & 384.84)

92.04   BILLING FOR WATER SERVICE.  Water service shall be billed as part of a combined service account, payable in accordance with the following:
(Code of Iowa, Sec. 384.84)

  1. Bills Issued. The Clerk shall prepare and issue bills for combined service accounts on or before the first day of the month or the fifteenth day of each month.
  2. Bills Payable. Bills for combined service accounts shall be due and payable at the office of the Clerk within twenty-one (21) days of the issuance of the bill.
  3. Late Payment Penalty. Bills not paid when due shall be considered delinquent.  A late payment penalty of one and one-half percent (1.5%) per month of the amount due shall be added to each delinquent bill.

92.05   SERVICE DISCONTINUED.  Water service to delinquent customers shall be discontinued in accordance with the following:
(Code of Iowa, Sec. 384.84)

  1. The Clerk shall notify each delinquent customer that service will be discontinued if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency.  Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred and shall inform the customer of the nature of the delinquency.  When two monthly billing payments have been missed, the Clerk will issue a shut-off notice to be hand delivered to the customer’s door, informing the customer of the nature of the delinquency, affording the customer the opportunity for a hearing prior to the discontinuance and stating the date of shut-off.  There shall be a $20.00 delivery charge to hand deliver the shut-off notice, plus a $25.00 disconnect fee will be applied.  Before service is reinstated, the delinquent bill plus the service fees must be paid.
  2. Mobile Homes. In the case of a delinquent customer located in a mobile home park, the mobile home park owner shall be notified by the Clerk when two (2) monthly billing statements have been missed and shall receive a copy of the “shut-off notice.”  The mobile home park owner shall then be responsible for shut-off of the water service on said date.  In the event the mobile home park owner does not shut the water off on said shut-off date, the park owner shall be responsible for all water usage after the shut-off date in the notice.
  3. Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord.  If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property.
  4. If a hearing is requested by noon of the day preceding the shut off, the Clerk/Administrator shall conduct an informal hearing and shall make a determination as to whether the disconnection is justified.  The customer has the right to appeal the Clerk/Administrator’s decision to the Council, and if the Council finds that disconnection is justified, then such disconnection shall be made, unless payment has been received.
  5. A fee of twenty-five dollars ($25.00) shall be charged to a delinquent customer before service is restored during normal business hours.  A fee of forty dollars ($40.00) shall be charged to a delinquent customer before service is restored outside normal business hours. No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.

92.06   LIEN FOR NONPAYMENT.  The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises.  Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. (Code of Iowa, Sec. 384.84)

92.07   LIEN EXEMPTION. (Code of Iowa, Sec. 384.84)

  1. Water Service Exemption. The lien for nonpayment shall not apply to charges for water service to a residential or commercial rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential or commercial rental property and that the tenant is liable for the rates or charges.  The City may require a deposit not exceeding the usual cost of ninety (90) days of such services to be paid to the City.  When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full.  The lien exemption does not apply to delinquent charges for repairs related to any of the services.
  2. Other Service Exemption. The lien for nonpayment shall also not apply to the charges for any of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal for a residential rental property where the charge is paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges for such service.  The City may require a deposit not exceeding the usual cost of ninety (90) days of such services to be paid to the City.  When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full.  The lien exemption does not apply to delinquent charges for repairs related to any of the services.
  3. Written Notice. The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the residential or commercial rental property that the tenant is to occupy, and the date that the occupancy begins.  Upon receipt, the City shall acknowledge the notice and deposit.  A change in tenant for a residential rental property shall require a new written notice to be given to the City within thirty (30) business days of the change in tenant.  A change in tenant for a commercial rental property shall require a new written notice to be given to the City within ten (10) business days of the change in tenant.  A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within thirty (30) business days of the completion of the change of ownership.  A change in the ownership of the commercial rental property shall require written notice of such change to be given to the City within ten (10) business days of the completion of the change of ownership.
  4. Mobile Homes, Modular Homes, and Manufactured Homes. A lien for nonpayment of utility services described in Subsections 1 and 2 of this section shall not be placed upon a premises that is a mobile home, modular home, or manufactured home if the mobile home, modular home, or manufactured home is owned by a tenant of and located in a mobile home park or manufactured home community and the mobile home community and the mobile home park or manufactured home community owner or manager is the account holder, unless the lease agreement specifies that the tenant is responsible for payment of a portion of the rates or charges billed to the account holder.

(Subsection 4 – Ord. 476-18 – Jun. 18 Supp.)

92.08   LIEN NOTICE.  A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred.  If the customer is a tenant and if the owner or landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord.  The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer. (Code of Iowa, Sec. 384.84)

92.09   TEMPORARY VACANCY.  A property owner may request water service be temporarily discontinued and shut off at the curb valve when the property is expected to be vacant for a period of 30 consecutive days or more.  There shall be a $25.00 fee collected for shutting the water off at the curb valve and a $25.00 fee for restoring service.  During a period when service is temporarily discontinued as provided herein there shall be no minimum service charge.  The City reserves the right to adopt policies to address seasonal vacancies.  The City will not drain pipes or pull meters for temporary vacancies.

 

CHAPTER 93: WATER LINE EXTENSIONS

93.01   PURPOSE.  The purpose of this chapter is to provide a means and method for the extension of water mains to serve property not served by an existing water line so as to preserve and improve the peace, safety, health, welfare, comfort and convenience of the residents of the City.

93.02   DEFINITIONS.  For use in this chapter, the following terms are defined:

  1. “Builder” means the owner of land who causes a water main to be installed under the provisions of this chapter. Such term includes the heirs, successors or assigns of such owner.
  2. “Estimated cost” means a cost estimate prepared by a registered professional engineer or qualified contractor experienced in the installation of water main pipe and appurtenances. All such estimates are subject to the approval of the Council and in the event of any disagreement as to the amount of estimated costs, the materials to be used or installation methods, the determination of the Council shall be final and conclusive.

93.03   CONSTRUCTION BY CITY.  An owner of land abutting or adjoining a property or a public street where no water main has been installed may make application to the Council for the installation of a water main along such property and in the street for the purpose of serving the property in accordance with the following:

  1. Application and Deposit. A written request for such installation, and a sum equal to the total estimated cost of the installation from the point where the water main is presently installed and terminates to the point where the most distant boundary of the owner’s lot abuts an adjoining property or the public street, shall be submitted to the Council.
  2. Construction. Upon receipt of the deposit, the City shall construct the water main for the purpose of serving the property of the applicant (builder), as soon as such construction can reasonably be accomplished.
  3. Additional Costs. In the event the actual cost to the City of installation of the water main is in excess of the estimated cost, the builder agrees to reimburse the City for the actual additional cost within thirty (30) days after the presentation of a bill for such additional cost.
  4. Lien Authorized. In the event of the failure of the builder to reimburse the City, as specified in subsection 3 above, the total of the additional cost shall be certified to the County Treasurer as a special assessment lien against the builder’s real estate.  In the written request for installation of the water main, the landowner shall waive all objections to jurisdiction and rights to notice and consent to the entry of such a special assessment lien against the real estate.
  5. Maximum Cost. The additional cost of installation, as contemplated in subsections 3 and 4 above, shall not exceed one hundred ten percent (110%) of the estimated cost.
  6. Connecting Property. The expense of connecting the property of the builder to the water main shall be borne by the builder, in addition to the cost of constructing said water main, but such connection shall be under the supervision of the City.

93.04   CONSTRUCTION BY OWNER.  In the event an owner of land abutting or adjoining a property or public street in which no water main has been previously installed desires to construct said water main at the owner’s own expense, the owner may do so, after making proper application to the City and receiving a permit to install such a water main, in accordance with the following:

  1. City Supervision. The installation of such a water main by a landowner at the owner’s expense shall be under the strict supervision of the City and shall, in all ways, conform to the requirements and specifications of the City.
  2. Surety Bond. When making application to the City for a permit to install such a water main, the applicant shall post with the City a surety bond, in an amount to be set by the Council and made a matter of record in the minutes of the Council, which shall be in an amount equal to but not less than one hundred ten percent (110%) of the total estimated cost of the installation for the full distance from the termination point of the presently existing water main to the point where the farthest boundary of the applicant’s land abuts the property or street, and the bond shall guarantee the installation of the water main in as short a time as reasonably possible and shall further indemnify the City for the cost of completing the project in the event the applicant fails to complete the project within a reasonable time, and shall further indemnify the City for all damages to public property incurred in the installation, and shall further hold the City harmless for any and all other damages arising from the installation of the water main.
  3. Ownership of Water Main. After the water main has been installed, it shall become the property of the City.
  4. Cost Approval. For purposes of determining connection charges under Section 93.05 below, costs incurred by the owner shall be certified by the City and only so much of said costs as are approved by the City shall be used in determining connection charges as provided hereafter.

93.05   CONNECTION CHARGE.  Following the installation of an extension to the water system under the provisions of this chapter, there shall be paid to the City a connection charge in an amount equal to one-half (½) the lineal construction cost for the full width of any lot, tract or parcel of ground to be served by a connection to such water main.  Such connection charge shall be paid to the City prior to making any connection to said water main.

93.06   RIGHTS OF CITY.  All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the City and such extension shall be the property of the City and no other person shall have any right, title or interest therein.

 

CHAPTER 94: WATER CONSERVATION

94.01   SHORTAGES.  Under certain circumstances due to weather and climate conditions, equipment failure, or otherwise, the City’s water supply may be in danger of significant and serious depletion such that a sufficient supply of water may not be available to meet all customary and usual demands of those supplied by the public water system.  Under such circumstances, the City Council may declare a public water watch, water warning, or water emergency as the Council deems appropriate.  During the time of such a declaration, the following measures and provisions shall be in effect to produce an orderly and equitable reduction of water consumption until the Council declares the circumstances at issue to be ended.

94.02   CONDITION DECLARATIONS; INDICATORS.

  1. Water Watch. A water watch may be declared when a potential threat exists to the ability of the public water system to meet the needs of its customers immediately or in the foreseeable future.  Indicators of the need to impose a water watch include, but are not limited to, any one of the following:
    1. The system is operating at 75 percent of pumping capacity.
    2. There is a moderate decrease in the pumping water level of the City’s wells.
    3. There is a moderate decrease in recovery rate of the water level in the wells.
    4. There is a moderate decrease in water storage levels.
  2. Water Warning. A Tier I or Tier II water warning may be declared when a serious threat exists to the ability of the public water system to meet the needs of its customers immediately and in the foreseeable future.  Indicators of the need to impose a Tier I water warning include, but are not limited to, any one of the following:
    1. The system is operating at 85 percent of pumping capacity.
    2. There is a significant decrease in the pumping water level of the City’s wells.
    3. There is a significant decrease in recovery rate of water level in the wells.
    4. There is a significant decrease in water storage levels.

Indicators of the need to impose a Tier II water warning include, but are not limited to, any severe system emergency such as a chemical spill or major system failure in feeder mains, pumps or treatment plant, or otherwise.

  1. Water Emergency. A water emergency may be declared when a severe and immediate threat exists to the ability of the public water system to meet the needs of its customers.  Indicators of the need to impose a water emergency include, but are not limited to, the following:
    1. The system is operating at 95 percent of pumping capacity.
    2. There is a serious decrease in the pumping water level of the City’s wells.
    3. There is a serious decrease in recovery rate of water level in wells.
    4. There is a serious decrease in water storage levels.

In the event of a water emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the Council may be had.

94.03   WATER WATCH; VOLUNTARY CONSUMER LIMITATIONS.  During a water watch, all customers of the public water system are encouraged to limit or curtail all nonessential uses of water to conserve water resources.  Customers are encouraged to comply with the voluntary standards as established by resolution of the Council.

94.04   WATER WARNING, TIER I; CONSUMER RESTRICTIONS.  During a Tier I Water Warning, no person shall use potable processed water from the public water system in a manner contrary to the restrictions as established by resolution of the Council.  Water reclaimed or recycled after some other primary use, such as water that has been used for washing, may be used without restrictions.  Water derived from sources other than the public water system, such as water pumped from a private well, condensed from air conditioners, or collected from rain or snow may be used without restrictions.

94.05   WATER WARNING, TIER II; CONSUMER PROHIBITIONS.  During a Tier II Water Warning, no person shall use potable processed water from the public water system in a manner contrary to the prohibitions as established by resolution of the Council, or use water which is not necessary for the preservation of life or general welfare of the community.

94.06   WATER EMERGENCY; CONSUMER PROHIBITIONS.  During a Water Emergency, no person shall use potable processed water from the public water system except in accordance with the temporary rules of the Superintendent or as established by resolution of the City Council.

94.07   PENALTIES FOR VIOLATION; APPEAL.  The following penalties apply for violation of water use restrictions imposed under this chapter:

  1. First Violation. For a first violation, the Superintendent or other City employee shall issue a written notice of violation to the water user violating the water use restrictions imposed during water warning or water emergency.
  2. Second Violation. For a second violation within an 18-month period, a one-month surcharge shall be imposed in an amount equal to 50 percent of the customer’s previous month’s water bill.
  3. Subsequent Violations. For any subsequent violation within an 18-month period, a one-month surcharge shall be imposed in an amount equal to 50 percent of the previous month’s water bill and, in addition, the Superintendent shall interrupt water service to that customer at the premises at which the violation occurred.  Service shall not be restored until the customer has paid the reconnection fee and has provided reasonable assurance that further violations of water warning or water emergency use restriction will not occur.  Any customer charged with a violation of the water warning or water emergency use restrictions may request a hearing before the City Council.  The City Council may conclude that a violation did not occur or that the circumstances under which the violation occurred warrant a complete or partial mitigation of the penalty.

94.08   APPEAL.  The City Council shall hear appeals of any action taken pursuant to a water warning or water emergency, except that, if a customer is charged with a municipal infraction relating to this division, that proceeding shall be conducted pursuant to Chapter 3 of this Code of Ordinances and Section 364.22 of the Code of Iowa.

94.09   MUNICIPAL INFRACTION.  A second or subsequent violation of the water warning or water emergency use restriction by any person within an 18-month period shall constitute a municipal infraction.  Any person who, in making application to the appeal for adjustment of the violation charges, intentionally provides false or incorrect statements or information commits a municipal infraction.

94.10   REDUCTION IN FLOW OF WATER TO ANY PERSON.  The Superintendent is authorized, after giving notice and opportunity for hearing to reduce the flow of water to any person determined to be using water in any manner not in accordance with this chapter during a water warning or emergency declaration.

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