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§ 4-1 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-2 Chapter 4 WATER REGULATIONS Sec. 4-1: Premises to Connect to Water Line Sec. 4-2: Water Distributed Through Meters Sec. 4-3: Meter Classifications and Installation Charge Sec. 4-4: Charges Against Property Owner Sec. 4-5: Damage to Meters, Liability Sec. 4-6: Requirements After Repairs for Turning on Water Sec. 4-7: Maintenance, Repair, Relocation, Abandonment, Upsizing and Downsizing of Meters Sec. 4-8: Unlawful to Waste Water and Suspension of Water Service Sec. 4-9: Inspection and Right of Entry Sec. 4-10: Water Rates Sec. 4-11: Water Service Outside City Limits Sec. 4-12: Water Billing Regulations Sec. 4-13: Meter Reread on Disputed Charges Sec. 4-14: Refunds Sec. 4-15: Deposits Sec. 4-16: Return of Deposits Sec. 4-17: Regulation Sec. 4-18: Water System Property of City Sec. 4-19: Service Connections Sec. 4-20: Temporary Connections Sec. 4-21: Water Line Extension Sec. 4-22: Water Line Extension Plans and Approval Sec. 4-23: Water Line Extension Specifications Sec. 4-24: Connection Revocation Sec. 4-25: Rules and Regulations Sec. 4-1. Premises to Connect to Water Line. The City is hereby empowered, and it is hereby made its duty in all cases where there is a public water line in any street, or easement in the City to compel every owner of land, buildings or premises used for human occupancy, employment, recreation, or used for other purposes requiring potable water and abutting on such street or easement or within three hundred feet (300’) of the same, to construct or cause to be constructed a sufficient water service line which shall connect said land, building or premises to said water line within ninety (90) days after date of official notice, unless in the opinion of the City such connection is not desirable. Every owner of premises shall connect said land, building or premises to such nearest accessible water line within ninety (90) days after date of official notice. Sec. 4-2. Water Distributed Through Meters. A. All water acquired from the City of Moscow Public Drinking Water System must be metered except: 1. Water use required for system maintenance. 2. Water use for firefighting purposes. B. Each residence and business establishment to which water is supplied by the City, whether inside or outside of the City, must have a separate meter connection directly to the main, excepting however, those portions of buildings used principally for offices or apartments where the property owner furnishes the water supplied to the tenants, or as described below. C. All meters shall be located outside the premises and within a City of Moscow right-of-way or easement. Internal meters will only be allowed where an external meter is not possible. Meters shall be installed in accordance with current City of Moscow Standard Construction Drawings. D. The City of Moscow will provide sufficient water to maintain system pressure, consistent with IDAPA 58.01.08, measured at the service connection or along the property line adjacent to the consumer’s premises. E. Installation of a new service line and ---PAGE BREAK--- § 4-2 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-3 meter from an existing fire line is not permissible. F. For any existing service line and meter off a fire line, the City is only responsible for the maintenance and repair of the meter. When significant improvement occurs that require the moving, removing or extending of the sprinkler system, compliance with all applicable codes will be required. G. The City of Moscow will not read or maintain private water meters. H. In the event that any property owner shall refuse to allow such meter to be installed or refuse to pay for the same, or refuse to pay for the metered water used, it shall be the duty of the City to forthwith discontinue the water from the premises of such property owner or the property. (Ord. 2020-06, 05/04/2020) Sec. 4-3. Meter Classifications and Installation Charge. A. Single-Family Residential (Detached single family and attached single family units where each unit is located upon a separate lot to allow for individual sale). 1. Each individual property must have its own meter. Metered water lines may not be extended to serve another property. 2. The water meter shall be installed in compliance with the current City of Moscow Standard Construction Drawings. 3. Any property where multiple structures are served by a single water service will be required to come into compliance with current policy in the event that the property is divided. When a property is divided, the City of Moscow will allow the service lateral to be utilized for additional meters provided that pressure (60 psi minimum static pressure at point of lateral split) and flow requirements can be met, and the split meets all other requirements of the City of Moscow Standard Construction Drawings. In addition, the new meter must be able to be set within five feet of the existing meter. B. Multi-Family Residential (Apartments, Duplexes, and Condominiums). 1. Each building must have at least one individual meter that does not take water from another metered line. Central metering of more than one building in an apartment complex under single ownership will be permitted as long as there is a dedicated service line to each building with a shutoff valve on each line. C. Commercial and Mixed-Use Buildings. 1. Each building must have at least one individual meter that does not take water from another metered line. Central metering of more than one building in a commercial complex under single ownership will be permitted as long as there is a dedicated service line to each building with a shutoff valve on each line. a. When central metering is selected by the property owner, the highest applicable commercial use rate will be applied toward the sewer bill calculation. If a property owner desires distinct rates for different building uses, units must be metered separately. D. Public Use Buildings (e.g. government buildings, churches, schools, non- profits). 1. Each building must have at least one individual meter that does not take water from another metered line. Central metering of more than one building in a public use complex under single ownership will be permitted as long as there is a dedicated service line to each building with a shutoff valve on each line. a. When central metering is selected by the property owner, the highest applicable rate will be applied toward the sewer bill calculation. If a property owner desires distinct rates for different building uses, units must be metered separately. E. Mobile/Manufactured Home Parks. 1. Mobile/Manufactured Home Parks whose water distribution system is not ---PAGE BREAK--- § 4-3 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-7 owned by the City of Moscow shall be centrally metered at the location where the private water distribution system attaches to the City of Moscow Public Drinking Water System. F. Irrigation Meters. 1. Each individual property must have its own meter. Metered irrigation lines may not be extended to serve another property. 2. Irrigation meters shall follow installation requirements as laid out in the City of Moscow Standard Construction Drawings. 3. Applicable water general facilities charges and base rates will apply to irrigation meters. G. Deduct Meters. 1. Deduct meters are not permissible. H. Before a meter is installed, the property owner shall pay to the City the cost of said meter together with the cost of installation thereof as determined by the City. (Ord. 2020-06, 05/04/2020) Sec. 4-4. Charges Against Property Owner. When a meter has been installed, water will not thereafter be supplied to the premises of such property or property owner, except upon metered water rates. All water charges shall be the ultimate responsibility of the property owner; provided, however, that a non-property owner or tenant may pay said water charges. In the event a tenant or other non-property owner is to pay water charges on behalf of the property owner, the name and address of the tenant or non-property owner shall be submitted to the City. Sec. 4-5. Damage to Meters, Liability. When any water meter or meter box has been damaged by reason of the negligence of the user of City water or a third party, or by reason of the defective condition of the plumbing on the premises of the water user, or by reason of the backing up of hot water from premises of the water user, then such water user shall pay for the replacement or repair of said meter in an amount to be determined by the City. Sec. 4-6. Requirements After Repairs for Turning on Water. Whenever the City is called upon to repair or replace a meter which has been damaged as set forth in Code Section 5-4-5, it may, at its discretion, refuse to repair or replace said meter, and disconnect the water service line to said premises, and refuse to connect same until a check valve is installed between the water meter and the premises on which water is used, in order to prevent the water from backing up from said premises, and it may also require that a safety valve or "pop off" be placed in service to relieve pressure on the hot water tank or other plumbing fixtures located upon said premises. Whenever the City finds an electrical hazard, especially those caused by faulty electrical equipment where a water pipe ground exists, work will stop and the electrical inspector notified. Work will resume after the problem is corrected or all power on the property is turned off. Within thirty (30) days the cause of the problem must be determined and permanently corrected. Sec. 4-7. Maintenance, Repair, Relocation, Abandonment, Upsizing and Downsizing of Meters. A. Maintenance/Repair. The City will repair or replace all defective meters without cost to the property owner, except in those instances where the meter has been damaged by reason of the negligence of the water user, or intentional destruction or damage by the water user, or by reason of the defective condition of the plumbing on the premises of the water user, or by reason of the backing up of hot water from the premises of the water user. B. Relocation. An owner may request relocation of a meter. 1. Relocation requests will be ---PAGE BREAK--- § 4-7 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-10 reviewed for feasibility by City staff. 2. A relocation greater than five feet will require abandonment of the existing service line and the installation of a new service line. 3. All applicable installation and abandonment fees will apply. C. Abandonment. An owner may request the abandonment of an existing water service. 1. Abandonment results in the removal of the meter and setter, and disconnection of the existing service line from the water main. 2. Abandonment requests will be subject to all applicable fees. 3. Reinstatement of an abandoned water service will require the property owner to establish a new connection (service line), with all applicable general facilities charges and connection fees. D. Upsizing. An owner may request to upsize a water service. 1. Upsizing requests will be subject to applicable fees which may include; general facilities charges (commensurate with the increase in meter size), street cut, abandonment, and installation fees. 2. The owner will receive credit for the existing meter installation in the amount corresponding to their existing meter size in the City of Moscow Fee Schedule for installation of service meters (existing service line to property). E. Downsizing. An owner may request to downsize a meter. 1. Downsizing customers will receive credit for existing meter installation in the amount corresponding to their existing meter size in the City of Moscow Fee Schedule for installation of service meters (no existing service line to property) up to, but not exceeding, the total amount of costs associated with the downsizing. 2. Once the meter is downsized, the established size for the service becomes the smaller size. Any future upsizing of the service will be subject to the regulations outlined in this code and by City policy. (Ord. 2020-06, 05/04/2020) Sec. 4-8. Unlawful to Waste Water and Suspension of Water Service. A. It shall be unlawful for any person to waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use water closets without self-closing valves, or to use water in violation of the Chapter regulating said use of water. B. If such waste of water continues after receiving notice from the City to make repairs and to desist from the waste of water, the City shall shut off the water supply from such premises until the necessary repairs have been made. C. An owner may request a temporary suspension of their water service. Suspension requests will be subject to all applicable fees. water base rates will continue to apply. (Ord. 2020-06, 05/04/2020) Sec. 4-9. Inspection and Right of Entry. The City and the duly authorized agents of the City bearing proper credentials and identification shall be permitted at proper and reasonable hours of the day to enter all properties, premises or buildings to which water is furnished from the City water system for testing or inspection or repair of any part of the public water system and sewer collection system. Also, the City and the duly authorized agents of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, repair and maintenance of any portion of the City water system and sewer collection system lying within said easement. (Ord. 99-25, 7/19/99) Sec. 4-10. Water Rates. The Council shall establish water rates which shall be effective from and after ---PAGE BREAK--- § 4-10 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-16 approval by resolution adopted by the Council. Said water rates shall include rates for: A. Installation costs of meters. B. Minimum service charge for maintenance of water system. C. Water rate charge for water furnished within boundaries of the City. D. Water rate charge for water furnished outside boundaries of the City. E. Water rate charge for Moscow Cemetery Maintenance District. F. Water rate charge for the University of Idaho water system. G. Connection fee. H. Late water charges. All water charges shall be the responsibility of the owner of the property which receives the water. The City is authorized to receive payment from either the property owner or tenant or agent of the property owner on his behalf. Sec. 4-11. Water Service Outside City Limits. In the event of need and/or at the discretion of the Council, any service outside the City limits may be terminated at any time by order of the Council. The fixing of water rates for water service outside the City is not to be read as imposing a duty upon the City to make such water service. Sec. 4-12. Water Billing Regulations. The City shall establish by rule and regulation a system of billing, collection and enforcement of all water charges. Said system shall be effective after approval by the Council and shall include: A. Reading meters and establishing water charges. B. Notice of any delinquency to be made to both property owner, agent and tenant if applicable prior to shut off of water for nonpayment of water charges. C. Provisions limiting the liability of nonresident property owners for delinquent tenant water charges to a maximum of three times the previous year's average billing. D. Discontinuance of water service for nonpayment of water charges after notice of delinquency. E. Penalty for payment after due date. F. Connection fee for reconnecting water service. G. Discontinuance of water for failure to pay all services provided by the City after notice of delinquency. Sec. 4-13. Meter Reread on Disputed Charges. Where any questions arise as to the validity of any amount due for water consumed during one month, the City is hereby authorized to have the water meter, through which the water flows, over which controversy arises, tested, read and investigated, and, if such meter is found to have been over-read or an overcharge made to the customer, such customer shall be given credit for the amount of the overcharge on future charges against the customer for water consumed. Sec. 4-14. Refunds. No officer shall rebate or refund any money for overcharges on water consumed until a full investigation by the City has been made, and report having been filed with the Mayor and Council, and an order made by the Council ordering such rebate. Sec. 4-15. Deposits. All applications to have water turned on shall be made to the City. The City may require a deposit fee established from time to time by Resolution of the Council. Water may be discontinued for failure to make said deposit. (Ord. 2009-19, 08/17/2009) Sec. 4-16. Return of Deposits. Deposits shall be returned by the City at the end of tenancy, upon showing to the City that all arrearages for water rents and fines, if any, have been paid to the City. Deposits shall not otherwise be returned and no interest shall be paid upon return of the deposit. ---PAGE BREAK--- § 4-17 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-23 Sec. 4-17. Regulation. The City is authorized to deny use of water to any and/or to restrict use of water by any water user when said denial or restriction is necessary for the public welfare. Sec. 4-18. Water System Property of City. All mains, service lines up to and including the meter, pipes, hydrants and fixtures now laid, constructed or installed, or hereafter to be laid, constructed or installed in, under, across or through the streets, avenues, alleys and other thoroughfares of the City or easement rights of way granted to the City or adjacent territory, for supplying water to the City and the inhabitants thereof are hereby declared to be the property of the City, under the control thereof and subject to the provisions of this Chapter. No person or persons will be allowed to claim the right to exclusive use of any such water line. Sec. 4-19. Service Connections. No property service connections to a City water line shall be made without a permit being issued by the City and the installation of a proper water meter by the City. All such connections shall be made under the supervision of the City and no connections shall be covered until the work has been inspected by the City. No property shall be granted a service connection unless there is an existing water main which abuts and is contiguous to said property, and which will provide the shortest service connection feasible to the premises on said property. Further, the City may require installation of adequate water lines for fire prior to granting connection to a City water line. Sec. 4-20. Temporary Connections. Temporary connections to the City water line may be authorized. Said temporary connection shall not be made to the water lines unless a permit is granted by the City. The City is authorized to regulate the use of temporary connections to the City water line by restricting the amount of water to be taken, time of taking, place of taking and type of connection to be used. The City shall charge a reasonable fee for use of water by temporary connection to the water line. Sec. 4-21. Water Line Extension. The total expense of extending any existing water mains, laterals or lines through the streets, avenues, alleys and other thoroughfares of the City or easement rights of way granted to the City or adjacent territory for supplying water to property within the area to be served by such extension shall be borne by the property owners desiring service at the time of installation. In no instance will property owners be required to pay the costs or part thereof of a preceding extension. Sec. 4-22. Water Line Extension Plans and Approval. Plans for the extension of any water mains, laterals or lines through the streets, avenues, alleys and other thoroughfares of the City or easement rights of way granted to the City or adjacent territory shall be submitted to the City for approval. In no instance shall construction on such water line extensions begin prior to the approval of the City. All plans submitted for approval shall be clearly and neatly drawn to a scale of not more than one hundred feet (100’) to one inch showing the placement of all valves, meters, hydrants, other accessories and connections, their size and type. All lots or parcels of land affected by the water line extension will be shown on each plan together with the names of the property owners. Sec. 4-23. Water Line Extension Specifications. Extensions to any water mains, laterals or lines through the streets, avenues, alleys and other thoroughfares of the City or easement rights of way granted to the City, or adjacent territory must meet the minimum ---PAGE BREAK--- § 4-23 TITLE 5 — PUBLIC WAYS AND PROPERTY § 4-25 specifications and standards as established by the City. Sec. 4-24. Connection Revocation. The City shall revoke any permanent or temporary connection to a service or a water line or extension thereof which is made contrary to plans and specifications submitted to, and approved by, the City or which is thereafter altered contrary to plans and specifications previously submitted to, and approved by the City. Sec. 4-25. Rules and Regulations. The City is authorized to recommend rules and regulations to enforce the provisions of this Chapter. Said rules and regulations shall be effective after approval by the Council.