SECTION 1. DEFINITIONS
For the purpose of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings:
Account. A record of utility services used by each property and the periodic costs for those utility services.
City. The City of Wabasso, County of Redwood, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer and water service.
Utility Rate Schedule. A schedule of all utility rates and charges set by resolution of the City.
Waterworks System. Water and sewer transmission pipes, lines, fixtures, meters and all necessary equipment and appurtenances owned or operated by the City utility system for the purpose of providing water and sewer services for public or private use.
SECTION 2. PUBLIC UTILITY
The City of Wabasso Municipal Water System and Municipal Sewer system (hereinafter called the Waterworks System) shall be operated as a public utility and convenience, from which revenue will be derived, subject to the provisions of this ordinance and Minnesota Statutes.
SECTION 3. CONSTRUCTION PURSUANT TO ORDINANCE.
No person, firm or corporation shall make, construct or install any water service which is connected to the water system except in the manner provided in this Ordinance.
SECTION 4. ACCOUNTS.
4.1. All accounts shall be carried in the name of the owner who personally, or by his or her authorized agent, applied for such service. An account in the name of the owner or his or her authorized agent shall be established for all premises abutting on streets or other places where municipal water mains or sewers are located, whether or not the premises are connected to said mains or sewers, and whether or not an application be received.
4.2. The account holder shall be liable for water and sewer services supplied to the property, whether he or she is occupying the property or not, and any unpaid charges shall be a lien upon the property.
4.3. All applications for service installation and for water service shall be made at the Office of the City Clerk.
4.4. The application shall also contain the name of the owner and an exact description of the property, lot block, and addition, name of the street upon which the property fronts, and the signature of the applicant, or his agent, agreeing to conform to the rules and regulations that may be established by the City as conditions for the use of water.
4.5. The applicant shall at the time of making application pay to the City the amount of fees or deposit required for the installation of the service connection. Such amount shall be set periodically by resolution of the City Council.
SECTION 5. BILLING.
5.1. Water and sewer charges shall be billed on one bill applicable to each account. All charges for water and sewer shall be due upon receipt and considered delinquent after the tenth day of the following month. All bills shall contain the title, address and telephone number of the City office which is in charge of billing. Bills shall be mailed to customers on or before the fifth day of the month, and shall specify the water consumed and the water and sewer charges in accordance with the current fee schedule set by resolution of the City council.
5.2. A minimum monthly charge is authorized for all accounts, and shall be set by resolution of the City council.
5.3 When a consumer makes a complaint that the bill for any past service has been excessive, the city shall, upon request have that meter re-read. The Clerk shall be authorized to make adjustments in water charges when in the Clerks opinion, the amount billed is erroneous due to a meter deficiency or other mistake.
SECTION 6. UTILITY RATE SCHEDULE.
6.1. The utility rate schedule shall be adopted periodically by resolution of the City Council.
6.2. The City Council resolution setting out the utility rate schedule shall also establish the number of certification cycles per year. At least one certification cycle will be timed each year to coincide with Redwood County’s requirements for certification to the following year’s taxes. Additional certification cycles may be set in the annual rate schedule ordinance. Each year, the council shall establish one or more certification cut-off dates. All city utility accounts, unless exempt for other legal reason, which have been billed a delinquent bill and remain unpaid as of the certification cut-off date shall have the balance on the account including in a preliminary certification list.
SECTION 7. DELINQUENT ACCOUNTS.
7.1 Penalties. A late payment penalty of $5.00 per service shall be assessed on all accounts with a past due balance.
7.2 Shut-off for nonpayment. If any bill is not paid by the due date listed on the bill, a second bill will be mailed by first class mail and shall state that if payment is not made within ten days of the mailing of the second bill, water service to the premises will be shut off for nonpayment. The second bill and shut-off notice shall contain the title, address and telephone number of the official in charge of billing; the title, address and phone number shall be clearly visible and easily readable. The notice shall also state that the any occupant or owner has the right to a hearing before the water service is shut off. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the city official in charge of utility billing. This official shall be authorized to order continuation of the customer’s service and shall have the authority to adjust the customer’s bill or enter into a mutually agreeable payment plan. If an occupant or owner requests a hearing, the water shall not be shut off until the hearing process is complete. If a customer fails to pay and fails to request a hearing under this part, service will be shut off at the time specified in the notice but not until the charges have been due and unpaid for at least 30 days. Water shall not by shut-off until notice and an opportunity for a hearing before the city council or an employee designated by the city council have provided to the occupant and owner of the premises involved.
In the event that service is shut off for nonpayment a reconnection fee of $100.00 shall be due and owing to the City of Wabasso, and such amount shall be paid prior to the reconnection of service.
7.3 Certification for collection with taxes. Unpaid charges on sewer and water accounts shall not be certified to the county auditor until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the county auditor for collection as other taxes are collected. The notice shall also state that the occupant may, before such certification date, attend or schedule a hearing on the matter to object to certification of unpaid utility charges.
In addition to any penalties provided for in this ordinance if any person, firm or corporation fails to comply with any provision or this ordinance, the Council or any city official designated by it, may institute appropriate proceedings at law or at equity to procure payment.
7.4 The owner of the property shall have the option of paying the balance due on the account until the date the notice of the certification hearing is mailed. After the date the notice of certification hearing is mailed, payments will still be accepted but will include unpaid penalties.
7.5 A hearing shall be held on the matter by the City Council. Property owners with unpaid utility charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this ordinance, the City may certify the unpaid charges to the county auditor for collection as other taxes are collected.
7.6 For each certification sustained, the property owner shall have the following options after the hearing:
A. To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within ten day of the hearing date.
B. To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on eleventh day following the hearing date through the date of payment.
C. To pay the certified charges as billed to them by Redwood County on their property tax statement with a collection term of one year.
7.7 Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to Redwood County.
SECTION 8. OTHER REMEDIES
In addition to any procedures or penalties provided for this ordinance if any person, firm or corporation fails to comply with any provision of this ordinance, the council or any city official designated by it may institute appropriate proceedings at law or at equity to procure payment and or enforce the provisions of this ordinance.
SECTION 9. MAINTENANCE OF SERVICE PIPE
9.1. It shall be the responsibility of the account holder or owner to maintain the service pipe from the curb stop into the house or building. In the case of failure on the part of any consumer or owner to repair any leak occurring in his pipe within twenty-four (24) hours after written or verbal notice thereof, the water will be shut off and will not be turned on until the service charge of has been paid and the leak repaired.
9.2. When the waste of water is great, water may be turned off immediately by the city pending repairs. In such an event the city shall attempt to contact the account holder or owner at the earliest possible occasion to provide notice of the shut off.
9.3. In the event of a leak, the account holder shall be charged the regular rate for the amount of water flowing to the property. In the event that the leak occurs prior to the metering of the water on the property a minimum assessment of 50,000 gallons, at the regular rate, will be charged. Upon a determination by the City that more than 50,000 gallons flowed from the leak the City shall have discretion to increase the assessment.
9.4. The City shall by resolution set service, repair, and reconnection charges periodically.
9.5. The Owner of any property which is vacant or which shall be unoccupied for a term exceeding a month, including any “Snowbird” account holder who vacates the property for the winter months must provide notice to the City of the vacancy or absence. The City will, in accordance with the dates provided in the notice, turn off the water to the property at the curb. The City shall, by resolution, set the charge for this service. Minimum monthly charges shall still apply to properties while their water has been turned off pursuant to this provision. Failure to provide notice to the City shall result in the ongoing assessment of the regular minimum monthly charge, any usage charge, as established by resolution, and liability for all leaks that might occur on the property, including between the curb and the meter.
9.6. It shall further be the responsibility of the account holder to maintain the sewer line to the main. In the event that work is required on the sewer line before the main, the cost of the maintenance, as well as the cost of restoring the street or ally to the previous condition, shall be the responsibility of the account holder. All remedies available under this ordinance shall be available for all costs assessed under this section.
SECTION 10. SANITARY SEWAGE SYSTEM
10.1. No sanitary or sewage industrial wastes shall contain any substance which is deemed a deleterious substance. Upon notice that such deleterious substances are being discharged into the sewage system an owner shall be required to discontinue discharge of such substances into the sewage system. If, after ten days written notice, such user continues to discharge such deleterious substances into the sewage system, such owner shall be subject upon conviction to a fine of not less than $100.00 for each violation. Each day of which such violation continues to exist, after notice to discontinue, shall be deemed a separate violation.
10.2. It is illegal for any household or business enterprise to have their basement sump pumps connected to the sanitary sewer system from March 15 to October 15 of each year, weather permitting. All property owners shall obtain a permit from the city office. If, after written notice, such user of the sanitary sewer system continues to discharge such sump pump into the sanitary sewer disposal system, the account holder shall be subject, upon conviction, of a fine of not less than $100.00 for each violation. Each day of which such violation continues to exist, after notice to discontinue, shall be deemed a separate violation.
10.3. No water from any roof, surface, ground, sump pump, footing tile, swimming pool, or other natural precipitation shall be discharged into the sanitary sewer system. Dwellings and other building and structures which require a sump pump system to discharge excess water shall have a permanently installed discharge line which shall not discharge water into the sanitary sewer system except as allowed by this ordinance.
10.4. Every person owning improved real estate that discharges into the City’s sanitary sewer system shall, upon 24 hours written notice, allow an employee of the City of Wabasso, or their designated representative, to inspect the building to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the city inspect their property, any person may furnish a certificate from a city p umber certifying that their property is in compliance with this Ordinance. Any account holder refusing to allow their property to be inspected or refusing to furnish a plumber’s certificate within fourteen (14) days of such request shall immediately become subject to the surcharge hereinafter provided. Any property found to violate the Ordinance shall make the necessary changes within 14 days and furnish proof of those changes. Failure to make the necessary changes shall cause the account holder to become subject to the surcharge hereinafter provided.
10.5. A surcharge of $200.00 per month is hereby imposed and added to every sewer billing for account holders who are not in compliance with his Ordinance. The surcharge shall be added every month until the property is in compliance.
10.6. The City Council shall have the power and duty of hearing and deciding requests for waivers from the applicability of the provisions of this ordnance where strict enforcement would cause undue hardship due to the unique circumstances of the individual property or cause a safety problem. Application for waivers pursuant to this Subdivision shall be made to the City Clerk, and shall at a minimum set forth the property, the name of the account holder, and the characteristics of the property that create an undue hardship or safety problem. Upon receipt of a waiver request a City Employee, or designated representative, shall investigate the property and make a recommendation to the City Council. The City Council shall only grant such waivers upon recommendation to do so from a City Employee, or designated representative, who has investigate the property. All waivers shall be revisited annually.
SECTION 10. LIABILITY
10.1. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting off water for the purpose of making repairs or connections or from any other cause whatever. In the case of fire, or alarm of fire, water may be shut off to insure a supply for firefighting: or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary.
SECTION 11. ACCESS TO WATERWORKS SYSTEM
11.1. No person except an authorized city employee shall turn on or off any water supply without permission from the City. Only authorized city employees shall tap any distributing pipe or main of the water system or insert cooperation clocks or ferrules therein. No person, firm or corporation shall make, construct or install any water service which is connected to the water system except in the manner provided in this Ordinance or by approval by the City Council.
11.2. In order to access the City Waterworks System a water meter is required. No more than one housing unit or building shall be supplied from one service connection except by special permission of the city. Whenever two or more parties are supplied from one pipe, connecting with the distribution main each building or part of the building must have a separate shut off valve and a separate meter. A charge for water meters shall be paid to the city by customers in advance before delivery of the water meter for installation. There shall be no charge for a first water meter obtained for a property or unit. There shall be a charge for any additional, subsequent, or replacement water meter, obtained for any reason. Said charge shall be determined by resolution of the City Council.
All water meters shall be and remain the property of the city whenever deemed necessary. Authorized city employees shall have free access at reasonable hours of the day to all parts of every building and premises connected to the water system for reading of meters and inspection.
11.3. The city shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary. However, where any replacement or repair or adjustment of any meter is necessary because of damage from hot water backup, damage from freezing water, or damage from any act, carelessness or negligence of the owner or occupant of any premises, any expense incurred by the city to repair said damage shall be charged against and collected from the water consumer, and water service may be discontinued until the cause is corrected and the amount charged collected.
11.4. Except for extinguishing of fire, no person except authorized city employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied or approved by the city. Only persons authorized by the city shall connect, disconnect, take apart or in any manner change or cause to be changed, or interfere with any such meter or the action thereof.
11.5. No person other than authorized City employees shall operate fire hydrants or interfere in any way with the water system without first obtaining a permit from the city to do so
11.6. Owners may be permitted to maintain a second water utility dedicated to sprinkler systems or any other permitted use. In order to obtain a second water utility line application must be made to the City in writing. If approved by the City Council or their designated agent the owner shall pay for the cost of installing the meter for the second utility. All provisions of this ordinance are applicable to the second water utility system, including the rates charged for utility service.
SECTION 12. RESTRICTIONS CAUSED BY WATER SHORTAGE
12.1. Whenever the Council shall determine that a shortage of water supply threatens the city, it may, by resolution, limit the times and hours during which water may be used from the water system for lawn and gardening sprinkling, irrigation, car washing and other uses specified herein.
12.2 Notice of such limitation described in paragraph 12.1. shall thereupon be mailed to each water consumer. Two days after the mailing of such notice, any water consumer who shall cause or permit water to be used in violations of said notice, shall be charged $5.00 for each day of such violation, which charge shall be added to his next water bill. Continued violation is hereby prohibited and shall be cause for discontinuation of water service.
SECTION 13. EFFECTIVE DATE
With the passage of this ordinance by the City Council and its publication, Ordinance No. 209, dated March 24, 1977, titled “An Ordinance Regulating the Wabasso Water Utility”, and all Amendments thereto, shall be repealed.
Passed and Adopted this _11 day of _September , 2017.
Carol Atkins
Mayor
Attest: Mary Smith
City Clerk