Loading...
CHAPTER 03 Title 8 Water Service CHAPTER 3 WATER SERVICE 8-3-1: Purpose 8-3-2: Definitions 8-3-3: City to Have Exclusive Management and Control 8-3-4: Granting of Franchise Prohibited 8-3-5: City Not Liable for Damages 8-3-6: Duties of Superintendent 8-3-7: Right to Turn Off Water 8-3-8: Waste Prohibited 8-3-9: Mayor May Limit Use of Water 8-3-10: Inspection of Premises 8-3-11: Permits and Service Connection Fees 8-3-12: Extension of Water Mains Within City 8-3-13: Extension of Water Mains Outside City 8-3-14: Water System Connection Fees 8-3-15: Water Line Capital Improvement Fund 8-3-16: Disbursement of Funds 8-3-17: Installation Charges 8-3-18: Length of Service 8-3-19: Installation and Maintenance 8-3-20: Arrangement of Service Pipes 8-3-21: Branch Service 8-3-22: Permit Required 8-3-23: Customer Line Maintenance 8-3-24: Permit to do Plumbing 8-3-25: Service Call Charge 8-3-26: Tampering Unlawful 8-3-27: Authority to Place Meter 8-3-28: Ownership of Meters 8-3-29: Maintenance of Meters 8-3-30: Meters; Location and Access 8-3-31: Billing Periods 8-3-32: Billing Procedures 8-3-33: Due Date 8-3-34: Delinquent Accounts 8-3-35: Water Rates, Fees 8-3-36: Water Rates Outside City 8-3-37: Meter Rates for Multiple Meters 8-3-38: Service Outside City 8-3-39: Fire Service Connection 8-3-40: Fire Hydrants 8-3-41: Unlawful Contamination or Cross-Connections 8-3-42: Backflow Prevention Devices 8-3-43: Inspection of New Construction 8-3-44: Inspection of Existing Buildings, Structures, or Improvements, and Termination of Water Supply 8-3-45: Violations and Penalties 8-3-46: Landscape Watering 8-3-47: Water Proclamation Violations 8-3-48: Private Wells Prohibited 8-3-49: Failure to Register for Services Title 8, Chapter 3 Page 1 of 17 Revised 7-12-2018 8-3-1: PURPOSE: The purpose of this Chapter is to: Establish reasonable rules and regulations for the operation of the Water Department of the City. To establish reasonable fees to be charged to customers receiving water service and provide fair, orderly, and efficient procedures for collection and termination of delinquent accounts. To establish a fair and equitable means of having persons who hook into and receive a direct and immediate benefit from existing water mains by requiring them to participate in the capital cost of water mains fronting upon their property and which have been constructed at taxpayer expense or from revenues derived from the operation of the water system. To establish a fair and equitable charge for the actual cost of materials and labor expended by the City whenever City crews install water service for a customer. To protect the public health and welfare by controlling cross-connections or other sources or potential sources of contamination to the City water supply. To provide a clean, efficient, and adequate water system for the residents/businesses of the City. 8-3-2: DEFINITIONS: Certain terms used in this Chapter shall have the meanings ascribed below: APARTMENT: A structure in which two or more separate units are constructed and designed so the occupants share common dining or restroom facilities and for which the occupants pay rent or other consideration. BACKFLOW: The flow other than in the intended direction of flow, of any water, foreign liquids, gases, or harmful or offensive substances into the City water supply as a result of reduced or reversed pressure. BACKFLOW PREVENTION DEVICE: A device which, when properly installed between the City water supply system and the terminus of the customer's water line or point of ultimate use, will prevent backflow. CITY: The City of Ammon, Idaho. CROSS-CONNECTION: Any physical arrangement whereby the City water system is connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir, or any other source of water supply which Title 8, Chapter 3 Page 2 of 17 Revised 7-12-2018 contains or may contain contaminated water, sewage, or other waste or liquids which may be harmful to human health or which may deleteriously affect the City water supply. CURB STOP: The service line valve owned by the City and located near the customer's property line. CUSTOMER LINE: The pipe, valves, and fittings leading from the curb stop into the premises served, including the water meter attached thereto. METER: A water meter and its enclosure, valve, and related appurtenances. OPEN HOSE: The use of water through a hose without a nozzle or other pressure limiting device. RESPONSIBLE PARTY: The property owner, occupant, tenant or lessee of property in the event a landlord agreement has been executed with the city. If no landlord agreement has been executed the responsible party is the property owner. SERVICE LINE: The water pipe, valves, and fittings laid from the main to the curb stop. SINGLE FAMILY DWELLING: All structures, except hotels, motels, rooming houses, and apartments, which contain sleeping, restroom, cooking, and dining facilities. WATER MAIN: The water pipe laid in a street, road, alley, or easement. 8-3-3: CITY TO HAVE EXCLUSIVE MANAGEMENT AND CONTROL: The City shall have exclusive control and management of the City water system and shall have exclusive management and control of the supply and distribution of water to the inhabitants thereof. The City may make such rules and regulations as are necessary for the complete management, control, distribution, and supply of water within and without the City. 8-3-4: GRANTING OF FRANCHISE PROHIBITED: (A) Extension of Use Prohibited. No person shall furnish or supply any water service or extend the utilization of such water service to any property beyond that for which the person has received a permit for service, without the recipient of such service or the person providing such service, having first obtained a permit from the City for the extension of service. No such service shall be furnished without such permit to be used for any domestic or culinary use or for sprinkling of lawns and gardens, with any portion Title 8, Chapter 3 Page 3 of 17 Revised 7-12-2018 thereof, by the unauthorized extension of water pipes, hoses or open lines or for the resale and containers of any the water supply. (B) Multiple Uses Prohibited. No water service customer shall be allowed to serve multiple units, and no more than one single dwelling unit upon the property shall be served without having applied for and received a permit from the City for the service of multiple units upon the single property. (C) Redistribution of Water Prohibited. It shall be unlawful and prohibited for any person receiving water service from the City of Ammon to redistribute such water supply for commercial purposes and for resale in bottles, containers, tanks, pipes, hoses or open streams for use off the premises, wherein the water is supplied or for furnishing a water supply off of the premises without a permit therefore; provided, however, that nothing shall prevent the utilization of water supply for use off the premises in an emergency situation for health and safety purposes. 8-3-5: CITY NOT LIABLE FOR DAMAGES: The City shall not be liable for damages caused by interruptions of water supply, scarcity of water, accidents to water works or mains, or during the time of alterations, additions, or repairs, damage as a result of forced or involuntary disconnects/reconnects, or for any other unavoidable causes. Nothing herein is intended to create any private duty to any customer or create a private right of action against the City on account of any failure by the City or its officers, agents, or employees, to provide water service or comply with the provisions of this chapter. 8-3-6: DUTIES OF SUPERINTENDENT: The Superintendent of the Water Department under the direction of the Director of Public Works shall supervise and manage the Water Department including all supply and distribution lines, pumps, and fire hydrant facilities. 8-3-7: RIGHT TO TURN OFF WATER: The Superintendent of the Water Department may turn off water within the City water system when deemed necessary to maintain or repair the water system or when ordered to do so by the Mayor or Council. 8-3-8: WASTE PROHIBITED: It shall be unlawful for any water user to waste water or allow it to be wasted by improper use or by faulty facilities. Irrigation by open hoses is prohibited. Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-9: MAYOR MAY LIMIT USE OF WATER: In times of, or in anticipation of, scarcity of water, or when the Water Department is unable to furnish a sufficient supply of water, the Mayor may by public proclamation limit the use of water to such extent as may be necessary for the public good. Such proclamation shall be published in two (2) consecutive issues of the official newspaper, and after such publication, the proclamation shall have the same force and effect as a City ordinance. Title 8, Chapter 3 Page 4 of 17 Revised 7-12-2018 Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-10: INSPECTION OF PREMISES: Free access for inspection shall, upon such reasonable notice as the circumstances permit, be allowed to the Public Works Director or their Designee of the Water Department or to any other authorized person to all places supplied with water from the City water system. Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-11: PERMITS AND SERVICE CONNECTION FEES: It shall be unlawful to install, alter or connect any water service within the City to any water line within the City without first obtaining a permit from the City and paying the service connection fees set forth in this chapter. Applications for water service shall be made at the office of the Director of Public Works. Any violation of the provisions of this chapter deemed to be a misdemeanor. 8-3-12: EXTENSION OF WATER MAINS WITHIN CITY: The Water Department or the City Council may extend water mains within the City at City expense whenever, in their sole discretion, such extension is necessary for the health, welfare, or safety of the residents of the City, provided however nothing herein shall require that such extension be made at City expense. The City may require any customer desiring water service to install at the customer's expense a water main along the entire frontage of such customer's property. 8-3-13: EXTENSION OF WATER MAINS OUTSIDE CITY: Water mains shall not, without the approval of the Council, be extended outside the corporate limits of the City, unless adequate excess water is available for such service. Such agreements shall specifically reserve the right to terminate such service without cause at any time upon at least thirty (30) days advance written notice. Any violation of the provisions of this section shall be deemed to be a misdemeanor. 8-3-14: WATER SYSTEM CONNECTION FEES: (A) Purpose. The purpose of this section is to establish an equitable system of charging new customers for the impact or burden created whenever they enlarge an existing water service or connect a new water service to the existing wells, storage tanks, pumps, outbuildings and appurtenances of the City water system, all of which were funded from revenues of the City water system or paid with revenues derived from ad valorem taxes. The City recognizes the inherent inequity of requiring existing customers or taxpayers to bear the entire cost of acquiring or building new facilities, or of utilizing excess capacity with existing facilities, in order to meet the needs of such new development. The Council hereby finds and recognizes the relationship between the nature of the uses of property Title 8, Chapter 3 Page 5 of 17 Revised 7-12-2018 and the impact thereof upon the City water system. The Council also finds that customers who connect to a water main located adjacent to their property receive a direct benefit from such water mains, which benefit is directly proportional to the frontage of the water main along their property. The Council further finds that it is fair and equitable to charge a main connection fee for customers who connect to such mains in order to fund a portion of the cost incurred by the City in installing such mains. (B) Water System Connection Fees. A water system connection fee shall be collected from any person requesting connection to the water system for any new building or structure or for any existing building for which a change in occupancy or use, as defined under Sections 105.1 and 3406.1 of the International Building Code, is made and for which a new or larger water service line is installed. Such system connection fee shall be as established by resolution of the City Council and may be amended from time to time, and shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. (C) Main Connection Charge. Any person desiring to connect to the water system shall pay a front footage fee at a rate of per front foot of property served by the main water line. Such fee shall be as adopted by resolution of the City Council and may be amended from time to time. Such fee schedule shall be maintained in the office of the City Clerk and made available to any interested party inquiring and seeking a connection. Such fee shall be in addition to any other permit fee required; however, no water front footage fee is required if the property for which the connection is sought is located within a lawfully platted subdivision. If any person constructs a water main entirely at his or her expense, the City may, by written agreement, pay over to such person such portion of the connection charges as appropriate, collected by the City from any other person who subsequently connects to such water main. (D) There shall be a charge for a water meter on all properties that are not required to install a meter at the time of connection. Such charge shall be established by resolution of the City Council and may be amended by resolution of the City Council from time to time, and shall be kept on file in the office of the City Clerk and information furnished to Users or interested parties upon request. 8-3-15: WATER LINE CAPITAL IMPROVEMENT FUND: A Water System Capital Improvement Fund is hereby established into which all revenues derived from water connection fees as set forth in this chapter shall be deposited. Expenditures from this fund shall be made only for the purposes set forth in Section 8-3-16 of this Chapter when authorized by the City Council. 8-3-16: DISBURSEMENTS OF FUNDS: Disbursements may be made from the Water System Capital Improvement Fund for the following purposes only: (A) Construction and installation of City water wells. Title 8, Chapter 3 Page 6 of 17 Revised 7-12-2018 (B) Construction, installation, and extension of City water mains, including costs of construction of mains with extra capacity. (C) Payment of principal and interest on any revenue bond or bonds issued by the City to defray the cost of construction, extension, or betterment of the City water or sewer systems. (D) Reimbursement of water main connection fees to any developer who has constructed that portion of a water main for which a water main connection fee has been changed by the City. 8-3-17: INSTALLATION CHARGES: Water service lines between the main line and the curb stop may be installed by the City or by a private contractor hired by the customer. Whenever a water service line is installed by the City, the City shall charge for labor and materials at such rates as shall be established by the City Council by resolution and as may be amended from time to time, and shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. 8-3-18: LENGTH OF SERVICE: Where a water main is located in a public right of way, the maximum length of service line furnished and installed by the City for the standard installation fee set forth above shall be fifty feet (50'). Where the main is on private property, the maximum length of service line furnished and installed by the City for the standard installation fee shall be thirty feet (30'). If the length of the service line exceeds the maximums stated above, an additional charge shall be made based on the actual cost to the City to furnish and install the extra pipe. 8-3-19: INSTALLATION AND MAINTENANCE: All service lines and connections from the main to and including the curb stop shall be installed, maintained, owned, and exclusively controlled by the Water Department. 8-3-20: ARRANGEMENT OF SERVICE PIPES: The service lines must be so arranged that the water supply to each building, place of business, or tract of land shall be controlled by a separate curb stop placed near the property line, unless permission for a different arrangement is first authorized in writing by the Water Department. 8-3-21: BRANCH SERVICE: No service connection serving more than one customer shall be made. Where an existing water service provides service to several customers, the City may terminate water service until a separate service is provided at the owner's expense. If the City does not terminate service to such existing services, the established rate shall be charged for each customer receiving service from the existing line. Title 8, Chapter 3 Page 7 of 17 Revised 7-12-2018 8-3-22: PERMIT REQUIRED: No person shall dig into the streets or under the sidewalk for the purpose of laying, removing, or repairing any water line without first obtaining a permit issued in accordance with Chapter 5 of this Title. Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-23: CUSTOMER LINE MAINTENANCE: All water users shall at their own expense keep their customer lines, connections, and other apparatus in good repair and in a condition that avoids waste of water. Customer water lines that become frozen are the responsibility of the customer, provided the City may thaw the same and charge the customer for the fair and reasonable costs therefore. 8-3-24: PERMIT TO DO PLUMBING: No plumber or other person shall make any connections to a City main or make alterations in any conduit, pipe, or other fixture connecting thereto, or connect pipes where they have been disconnected, or turn water off or on at the curb stop supplying any premises without first obtaining a permit from the City. If such work requires excavation within a public right of way, such person shall also obtain a permit under Chapter 5 of this title. Any violation of this section shall be prosecuted according to the most current Plumbing Code penalty provisions adopted by the City within Title 7, Chapter 4. 8-3-25: SERVICE CALL CHARGE: The City may assess and collect a service charge, in an amount not to exceed the actual cost to the City, for service calls which are requested on Saturday, a legal holiday, or during a time other than normal working hours and which are only for the convenience and benefit of the customer, or which are necessitated because of plumbing which does not meet the requirements of the Uniform Plumbing Code. 8-3-26: TAMPERING UNLAWFUL: It shall be unlawful to damage, adjust, or tamper with any portion of the City Water System or appurtenances, whether located upon public or private property, without having first obtained the express permission of the City. If any person damages the water system or in any way causes the City to expend extraordinary costs as a result of such unlawful acts, the City may assess and collect the same from the person committing the same, or from the parent or guardian of any minor who commits such acts. Such amounts may be included upon the customer's regular monthly billing statement for water service, and upon the customer's failure or refusal to pay the same, water service may be terminated in accordance with the procedures set forth in this chapter. Any violation of the provisions of this section shall be deemed to be a misdemeanor. 8-3-27: AUTHORITY TO PLACE METER: The City Engineer or the Public Works Director may, in their sole discretion, place a meter on any service line. A change of the method of billing from a flat rate to a metered rate shall be initiated for all meters within areas that have an established meter rate as set by resolution of the Council. Title 8, Chapter 3 Page 8 of 17 Revised 7-12-2018 8-3-28: OWNERSHIP OF METERS: All water meters required to be installed by the City shall become the property of the City and may be removed or replaced by the Water Department at any time. 8-3-29: MAINTENANCE OF CURB STOPS AND/OR METERS: The Water Department shall maintain and repair all curb stops and/or meters within the City. Any expense incurred by the Water Department thereby shall be charged against and collected from the customer, and water service may be discontinued until the curb stop and/or meter is repaired, replaced, or adjusted. Said charges shall be applied as follows: (A) When the replacement, repair, or adjustment of any curb stop and/or meter is rendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises. (B) In the event a curb stop and/or meter is found to be inaccessible by landscaping, concrete or any other item the City shall apply all related charges for the location and replacement of the curb stop and/or meter to the utility billing of the customer and all charges shall apply. 8-3-30: METERS/METER PITS; LOCATION, PLACEMENT AND ACCESS: Meters shall be installed on all new water connections within the City at the property owner’s sole cost and expense. The City shall maintain a supply of required water meters; the cost of which shall be determined by a schedule of fees adopted by the City Council by resolution, which may be amended from time to time. All properties being renovated, repaired, updated, receiving a change of use or in the event of the issuance of a building permit, etc. shall be required to have installed, a water meter; unless extraordinary and unusual circumstances are determined by the City Engineer. RESIDENTIAL METERS AND METER PITS: Residential meters shall be located on the customer’s property, near the property line within an approved meter pit. The customer shall keep the area adjacent to the meter free from trees, shrubbery, or other obstructions. The cover of the required meter pit shall be visible at all times and shall not be covered by landscaping material, soil or other items that would inhibit the visual inspection or location of the meter/meter pit and valve. In the event a meter pit is not visible, as required, all costs associated with location, and removal of any obstructions shall be paid in full by the property owner. Residential Meter Pits (A) Meter pits shall be installed on all new residential construction prior to or at the time of water line installation. (B) All residential properties where a water line is being repaired, replaced or modified shall be required to install a meter pit, if one has not been previously installed. Title 8, Chapter 3 Page 9 of 17 Revised 7-12-2018 (C) In cases where a meter pit has been installed and designed to hold a one (1) inch meter and the property owner wishes to increase the meter size, a new meter pit shall be installed which will handle the size of the requested meter. An increased size of a meter pit shall only be allowed after approval of the City Engineer for an increased meter size. The property owner shall be responsible for all costs associated with the installation of the increased size meter pit. All meter pits shall meet the requirements of the City of Ammon and approved by the City Engineer. (D) All costs of installation of a meter pit shall be the responsibility of the property owner and if installed by the City, shall be due and payable on the first utility bill after said repair or installation and shall be considered a part of the monthly utility bill. (E) In the case of a meter pit being installed within the driveway of a residential property; the meter pit shall meet the requirements set forth by the City Engineer and shall be traffic rated. Residential Meters (A) In cases where a meter is to be installed as part of the requirements of this Chapter and a meter pit exists and complies with the standards and/or requirements of this Chapter the City shall install the meter, at no additional fee, prior to completion of any project or repair. 1. It shall be the policy of the City to install no more than a one (1) inch meter on residential services. In the event, a main line is in excess of one (1) inch and the property owner wishes to have a meter installed above one (1) inch, the property owner shall request in writing to the City Engineer, explaining the need for a meter larger than one (1) inch. Any approval of a meter in excess of one (1) inch shall include the requirements in section (C) of Residential Meter Pits and the property owner shall be required to pay the difference between the cost of a one (1) inch meter and the size meter being installed. (B) In cases of a meter being installed on a residential property service that does not have a meter pit, the following shall apply: 1. The property owner shall be charged the cost of a one (1) inch meter, which shall be installed in an approved meter pit, as required. In the case where the service line is in excess of one (1) inch, section (A)-1. Residential Meters above shall apply. COMMERCIAL METERS AND INSTALLATION: A water meter shall be installed on all new or remodeled commercial properties within the City of Ammon, unless extraordinary and unusual circumstances are determined by the City Engineer. Meters shall be installed in every division or separate business within a commercial property. All meters shall meet the requirements detailed in this section. Title 8, Chapter 3 Page 10 of 17 Revised 7-12-2018 (A) Commercial meters shall be located within the building being serviced, unless approved by the City Engineer. Meters shall be mounted no lower than four (4) feet nor higher than six (6) feet off of finished floor, at a location in the building that is accessible to City workers during normal working hours on any day of the week. (B) Commercial landscape areas shall be metered separately from the business potable water service and meet all requirements of the backflow prevention section and applicable plumbing code as adopted by the City. The landscape meter shall be located on the customer’s property, near the property line. The customer shall keep the area adjacent to the meter free from trees, shrubbery, or other obstructions. 8-3-31: BILLING PERIODS: All regular billing periods shall be on a monthly basis. Premises occupied for any portion of a month shall be charged a pro rata fee for that portion of the month during which the water service is provided. 8-3-32: BILLING PROCEDURES: All accounts shall be billed at the appropriate rate in accordance with the rate schedule as authorized by Section 8-3-35 and 8-3-36 of this chapter. 8-3-33: DUE DATE: Bills rendered for water service are payable ten (10) days following the month of service and as such the bill is due in full at such time. If the account is not paid by the 10th of the month following the due date, the account will become delinquent. When the due date falls on a legal holiday or on a day when City offices are not open for business, the next regular business day is considered the due date and the past due date. When remittances are made by mail, bills shall be deemed paid on the date of mailing as shown by the postmark. 8-3-34: DELINQUENT ACCOUNTS: When the bill is not paid by the 10th of the month following the month of service, as hereinabove stated, and the bill remains unpaid, the account will become delinquent and shall be handled in the following manner: (A) On or after the delinquent date, a delinquency statement is to be mailed to the responsible party, stating a date the account balance must be paid in full. (B) If there has been no response to the mailed delinquency statement by the deadline date in said statement, a notice shall be posted at the residence/location stating the date that the water will be turned off. A posting fee will be added to the account for said notice. (C) In cases when a notice is posted at the residence/location, the customer can make payment or arrangements for payment prior to the disconnection of service. (D) In cases when the water is turned off for non-payment, there shall be a fee Title 8, Chapter 3 Page 11 of 17 Revised 7-12-2018 charged which shall include payment for the shut off and the future turn on. Water shall not be turned on unless the account is paid in full by approved funds as listed in item (G). (E) In cases where a shut off is not available or has been rendered inoperable, the City may install a new shut off in a location determined by the Public Works Director or the City Engineer. All costs incurred for installation or repair of said shut off, shall be at the property owner’s expense, and shall be due and payable prior to the reconnection of water service to said property. (F) Notice of shut off shall be posted at the residence/location stating the date that the shut off will be installed. Notice shall provide a copy of the approximate location of installation and inform the resident/responsible party to clear the location of the installation of any obstructions. Obstructions on the property, that would prohibit the installation of a new shut off on the date indicated, shall be removed by the City crew or the City’s designee and any expenses incurred for such removal shall be billed as part of the expense of installation against the property. (G) In the event of payment of a delinquent account, personal checks shall not be accepted, and the balance must be paid by cash or one of the following: certified funds; cashier’s check, certified check, credit card or money order. (H) Reconnection by any person for any reason, other than an authorized City of Ammon employee shall be deemed an infraction and shall be subject to the penalties established within the City Code. (I) Payments received for services by a check that is subsequently returned unpaid by any financial institution shall be assessed a return check fee as set by resolution of the City Council. Said fee shall be charged to the customer’s utility account and charges for utilities that said check was to pay shall also be billed back to the customer’s utility account. Any returned check must be paid within five (5) working days from the time the notice is given by the City of the returned check or the utility account shall be considered delinquent. All fees shall be paid in full prior to reinstatement of services. Partial payments of amounts due shall be applied to check fees prior to being applied to services. (J) All fees associated with the collection of a delinquent account shall be assessed to the utility account of the responsible person. Said fees shall include but not be limited to attorney fees, certified mailing, and serving fees. 8-3-35: WATER RATES, FEES: Water Rates Established. The City Council shall establish water rates and any associated fees by resolution which may be amended from time to time, and such rates shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. Title 8, Chapter 3 Page 12 of 17 Revised 7-12-2018 8-3-36: WATER RATES OUTSIDE CITY: Monthly rates charged for water furnished outside the City limits, whether metered or non-metered, shall be set by resolution of the City Council and may be amended from time to time, and such rates shall be kept on file in the office of the City Clerk and information furnished to interested parties upon request. 8-3-37: METER RATES FOR MULTIPLE METERS: Where an individual consumer is supplied with water through more than one metered service, charges shall be computed separately for each individual meter. 8-3-38: SERVICE OUTSIDE CITY: No service for water shall be provided outside the corporate limits of the City unless a signed “Utility Connection and Annexation Covenant” agreement has been signed by both the City and the user. A fee for the Utility Connection and Annexation Covenant shall be established by resolution of the City Council and may be amended by resolution of the City Council from time to time, and shall be kept on file in the office of the City Clerk and information furnished to Users or interested parties upon request. 8-3-39: FIRE SERVICE CONNECTION: No fire service connection shall be made without first obtaining a plumbing permit and all other related permits necessary for said connection or construction. Detail plans showing piping, valves, automatic sprinklers and other outlets, valves or appurtenances shall be submitted as part of an application. All fire service connections between water mains and property lines shall be installed and maintained by the property owner. No fire service connection may be used for domestic purposes or any purpose other than for fire protection. Any violation of this section shall be prosecuted according to the most current Plumbing Code penalty provisions adopted by the City within Title 7, Chapter 4. 8-3-40: FIRE HYDRANTS (USE PERMIT REQUIRED): All public fire hydrants shall be maintained by the Water Department. Firefighters shall have access to all fire hydrants connected to the city water system in relationship to the performance of their duties as a firefighter. No other person shall draw or attempt to draw any water from a fire hydrant unless he has applied for and received a permit from the City. This permit shall be kept within the vehicle and available for inspection by City Officials as required during all times water is being drawn from any fire hydrant connected to the city water system. In addition to a permit all equipment required by the City to prevent accidental contamination of the city water system shall be used at all times while drawing from any hydrant connected to the city water system. The fee for said permit shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. EXEMPTION: Contractors performing work as part of a contract with the City of Ammon shall be exempt from the fee for said permit for the term of the contract. A permit shall be issued at no charge for each vehicle to be used by the contractor as part of the contract after approval by the appropriate City Department Head. All other requirements of this Title 8, Chapter 3 Page 13 of 17 Revised 7-12-2018 chapter shall apply to contractors performing work for the City of Ammon. Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-41: UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS: Cross-connection control shall be provided in accordance with adopted codes and ordinances. No person shall install any water operated equipment or mechanism, or use any water-treating chemical or substance, if it is found that such equipment, mechanism, chemical, or substance may cause pollution or contamination of the domestic water supply. Such equipment or mechanism may be permitted only when equipped with an approved backflow prevention device or assembly. Prior to installation of such equipment a permit shall be applied for and approved by the City Engineer and inspected by the City Plumbing Inspector. Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-42: BACKFLOW PREVENTION DEVICES: (A) Backflow prevention devices shall be installed by the property owner, tenant, occupant, lessee, or other user of City water where the nature and extent of the activities conducted or the materials used or stored on the premises would present a hazard to the public health or be deleterious to the quality of the City water supply should backflow occur. Even though cross-connections may not exist at the time, backflow prevention devices shall be installed under circumstances including, but not limited to the following: 1. Premises having an auxiliary water supply; 2. Premises having internal cross-connections that are not correctable, or having intricate plumbing intricate plumbing arrangements which make it impracticable ascertain whether or not cross-connections exist; 3. Premises where entry is restricted so that inspections for cross- connections cannot reasonably be made; 4. Premises having a history of cross-connections being established or re- established; 5. Premises on which any substance is handled under pressure so as to permit the entry of substance into the public water supply; and 6. Premises having pumps or devices which may affect the pressure within any line connected to the City water supply. All backflow prevention devices shall be installed and maintained by the property owner at his expense, and shall be of a type commensurate with the degree of hazard which exists or which could exist as established by adopted codes. Direct Title 8, Chapter 3 Page 14 of 17 Revised 7-12-2018 connections between potable water piping and sewer connected wastes shall not exist under any condition with or without backflow protection. All backflow prevention devices and the installation thereof shall be approved by the City Water Superintendent or his duly authorized representative. (B) The premise owner or responsible person shall have the backflow prevention assembly inspected and tested by a certified backflow assembly tester at the time of initial installation and annually thereafter, or more often if deemed necessary by the City. Access and clearance shall be provided for the required testing, maintenance and repair as set forth in adopted codes and the manufacturer’s installation instructions. Whenever a backflow prevention device is found to be defective or inoperative, it shall be repaired, or replaced at the owner's expense. The City Water Superintendent shall retain adequate records of all inspections, tests, or repairs made pursuant to this Chapter. (C) In all cases where a backflow prevention device is required, the owner, tenant, occupant, or lessee of the property shall apply in writing to the City Building Department for a plumbing permit, specifying the type and location of such assembly or assemblies. It shall be unlawful to install, relocate, or remove a backflow prevention device or assembly without a permit.. Any violation of the provisions of this section shall be deemed to be an infraction. 8-3-43: INSPECTION OF NEW CONSTRUCTION: No building, improvement, or other structure shall be connected to the City water supply unless such structure has been inspected by the Building Official or other authorized officer of the City and found to be in compliance with all City adopted codes governing cross–connection control. Any violation of this section shall be prosecuted according to the most current Plumbing Code penalty provisions adopted by the City within Title 7, Chapter 4. 8-3-44: INSPECTION OF EXISTING BUILDINGS, STRUCTURES, OR IMPROVEMENTS AND TERMINATION OF WATER SUPPLY: Inspections by the City or its authorized agent may be made of any existing buildings, structures, or improvements of any nature receiving water from the City supply. The Public Works Director or their designee shall make an inspection of any building, improvement, or structure of any nature receiving water from the City water supply if there is cause to believe that a cross- connection exists or that a backflow prevention device should be installed pursuant to this Chapter. Whenever a cross connection or other source of contamination to the water supply is found, or it is determined that a backflow prevention device is necessary, the cross-connection shall be immediately eliminated or the City shall cease delivery of water to such premises and the water supply shall not be resumed until the cross-connection or source of contamination is eliminated or a backflow prevention device has been installed and tested in accordance with this Chapter. 8-3-45: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter deemed to be an infraction shall be subject to penalties prescribed for such violations under section 1-4-2 of this code and Idaho Code 18-113A. Each day such Title 8, Chapter 3 Page 15 of 17 Revised 7-12-2018 violation continues, shall be a separate violation, which shall be deemed as a separate infraction and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis and may be assessed at increasing levels of infractions pursuant to section 1-4-2 of this code. Any violation of the provisions of this chapter deemed a misdemeanor shall be subject to penalties prescribed for such violations under section 1-4-1 of this code and Idaho Codes 18-113 and 18-303. Each day such violation continues, shall be a separate violation, which shall be deemed as a separate misdemeanor and a citation may be issued therefore. Violations shall be assessed on a per violation per day basis. Violations of any water conservation proclamation, in effect, is neither a misdemeanor nor an infraction but shall be assessed a fee as provided in section 8-3-47 of this chapter. 8-3-46: LANDSCAPE WATERING: Landscape watering shall be allowed for all landscape areas, within the City of Ammon, under the following conditions: (A) It shall be unlawful for water from a landscape system or sprinkler to spray water onto the public roadway. (B) At times, when a water conservation proclamation is in force, it shall be unlawful to water landscaping on days not designated as a watering day for the property address. 8-3-47: WATER PROCLAMATION VIOLATIONS: Violations of any water conservation proclamation in effect shall be assessed a fee as set in the water conservation proclamation resolution. (A) The City Enforcement Officer or other authorized agent of the City shall first present or deliver a warning to the address of the violating property. Said warning shall be hand delivered to a person at the violating property or in absence of a person, shall then be attached to the front door of the property explaining the violation and stating the fees for future violations. (B) Upon a second or subsequent violation, the City Enforcement Officer or other authorized agent of the City shall deliver a notice of violation citing the date and time of said violation along with the amount of the violation. The notice shall include language stating that the amount of the violation shall be added to the utility service billing account of the address and is due and payable upon the next monthly utility billing. (C) Future payments of the monthly utility billing shall be credited to the violation fee first, then to the monthly utility service fees. (D) Accounts that become delinquent shall be handled per section 8-3-34 of this chapter. Title 8, Chapter 3 Page 16 of 17 Revised 7-12-2018 8-3-48: PRIVATE WELLS PROHIBITED: It shall be a violation of this Code for any person to drill a well for private use within the City limits of the City of Ammon. without the written permission of the City Council after a recommendation from the City Engineer. Any request for a private well shall be presented in writing, to the City Engineer detailing the reason, use and purpose of a private well. The City Engineer shall review the request and submit a recommendation to the City Council at a City Council meeting held within thirty (30) days of the request. Any well previously approved or annexed shall be allowed to continue to operate within the terms of any agreements pertaining to said well. (A) Any property that contains an existing well that is being annexed to or developed within the City limits shall present a proposal for the well to be phased out. The requirements shall be determined by the City Engineer with final approval of the City Council. (B) Any water rights attached to a private well that is abandoned within the City limits of Ammon shall be transferred to the City of Ammon at the time of abandonment, provided State of Idaho regulations allow for such transfer. Any violation of the provisions of this chapter deemed to be a misdemeanor. 8-3-49: FAILURE TO REGISTER FOR SERVICES: It shall be unlawful for any person or business to operate or use the services of the City without first entering into a contract with the City for said services. In the event a person or business begins using services prior to entering into said contract, the City shall immediately notify the property owner that services will be discontinued to the property effective five (5) working days after notification unless all previous billings, fines, fees and deposits have been collected by the City. (A) Previous billings shall include billings to the person or business backdated to the closest determinable date of occupation of the property. (B) Fines and fees shall include those assessed by any department of the City, with jurisdiction, related to occupation of a building without the proper authority or approvals, including, but not limited to, shut off fees or certificate of occupancy violations. (C) Deposits shall include the related deposits required to initiate services within the City, as they may apply to each applicant. Any violation of the provisions of this section shall be deemed to be an infraction. Title 8, Chapter 3 Page 17 of 17 Revised 7-12-2018