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Ordinance No. 1191 03-29-2004ORDINANCE NO. 1191 AN ORDINANCE AMENDING CHAPTER 402. WATER AND SEWER ADMINISATRATION OF THE FRIDLEY CITY CODE The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that Chapter 402, Water and Sewer Administration, of the Fridley City Code, be hereby amended and ordains as follows: FRIDLEY CITY CODE CHAPTER 402. WATER, STORM WATER AND SANITARY SEWER ADMINISTRATION 402.01 CITY MANAGER RESPONSIBLE The City Manager in the City of Fridley shall have the responsibility of the management and operation of the municipal water system, sanitary sewer system and storm s€�€� water system in the City of Fridley. The City Manager shall have immediate control and custody of all properties, be responsible for their safekeeping and their proper storage and care, and shall provide for the keeping of a full and accurate record of all work done with respect thereto, the cost thereof, the names of persons employed, hours worked and such other information and records as may be required by the City Council. Further, the City Manager shall have immediate charge of all employees necessary to the operation of the said utilities of the City. (Re£ 113) 402.02. POLICY The City shall eliminate hazards to safety and health arising from defective water systems, sanitary sewer systems, and storm s€�€� water systems in the City of Fridley; and for such purposes shall extend its municipal or public sewers to all lands of the City and require connection of all failing Individual Sewage Treatment Systems (ISTS) to said systems. 402.03. CONNECTION SERVICE No person shall make any type of connection to the municipal water system, the sanitary sewer system or the storm s€�€� water system except upon making an application therefor on a form provided by the City and receiving a permit issued by the City for such purpose. The application shall include an exact description of the property to be served, the uses for which the connection is requested and the size of the service lines requested or to be used. At the time of making such application, there shall be paid to the City a fee as designated in Sections 402.04, 402.05, and 49�?9Fr, 402.15, which shall be applied to, paid for, and received by the City for the purpose indicated. 402.04. PROPORTIONATE SHARE No connection shall be made or continued in use at any time with respect to any sewer or water connection serving property if any person or occupants of the land, parcel or premises affected have not paid or provided for the payment of the full and proportionate share of the systems, services or improvements to be used as determined by the City Council, which share of the cost of said system, service or improvement shall be payable as follows: Ordinance No. 1191 Page 2 A. For service to property to which service lines have not been previously run from the street laterals to the property line, the owner, occupant or user shall pay into the City Treasury (Water and Sewer Utility Fund) an amount not less than the cost of making connections, taps and installation of necessary pipe and appurtenances to provide service to the property and necessary street repairs. Alternatelv, the Citv shall allow the owner to contract directiv with an approved firm to install such connection and restoration subiect to approval and inspection bv the Citv. B. For service to property to which service lines have been run previously to the property line but have not been paid for, the owner, occupant or user shall pay in cash or agree to pay charges in the form of Special Assessments to be levied against the property to be spread over a number of years coincident with the maturity requirements of any Special Improvement Bonds sold for the purpose of financing the construction of such water and sewer lines and service connections serving the property. Said cash payment or Assessment charge shall be in principal amount not less than the payments made by or charges placed against comparable properties for like services of such water or sewer, i.e. FOR AN "EQUIVALENT LATERAL ASSESSMENT", or an amount as may be established by the City CounciL In the instance of services run to the property lines as provided under Section 402.03.A, the payment to the City Treasury of any amount required under Section 402.03.B shall be reduced by the amount paid to the City under Section 402.03.A. Payment to the City Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance from year to year, which interest shall be computed at the current rate of assessment. 402.05. PERMIT FEE Prior to constructing or repair of any water or sewer line connecting the existing municipal system and any house or building for which the application is made, the owner or contractor shall be required to obtain a permit for such connection, and shall pay a permit fee as provided in Chapter 11 of this Code. After such connection has been made, the Water and Sewer Department shall be notified. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the City as a proper and suitable connection. 402.06. REPAIRS AND MAINTENANCE TO CONNECTION After the initial connection has been made to the water service curb stop box or the sewer lead at the property line or a water service or sewer lead has been extended to the property line for connection, the applicant, owner, or the occupant or user of such premises shall be liable for all repairs required to any water line or any sewer lines necessary for connection of the premises from the „r�„°�� main to the premises. , � . If the propertv owner requests maintenance services or repairs be performed bv the Citv, the propertv owner shall be charged for the costs of the maintenance and/or repairs, including anv necessarv street repairs, at a rate set annuallv bv an administrative policv �e� '�° r''�°�*�-- ". It shall be the responsibility of the applicant, owner, occupant or user to perform standard maintenance of the sewer service line from the premises to the main including debris clearing or root cutting and to maintain the water service curb stop box for operabilitv and at such height as will ensure that it remains above the finished grade of the land or property. (Re£ 638, 1156) 402.07. CONSTRUCTION OF PRIVATE SEWER SYSTEMS PROHIBITED The construction of new individual sewage treatment systems (ISTS) is prohibited in the City of Fridley. Existing individual sewage treatment systems meeting MN Rules Chapter 7080 standards may and shall be Ordinance No. 1191 Page 3 permitted to continue in use and operation until system is deemed failing by a licensed inspector during a biennial inspection or the property owner expands kitchen, bathroom, or bedroom areas. The use of a cesspool, outside toilet, or any other individual sewage treatment system not meeting standards set forth in MN Rules Chapter 7080 is strictly prohibited. New Construction. All new houses, buildings, businesses, facilities, etc., producing wastes or discharges must be properly connected to the City of Fridley sewer system. Application for connection shall be made to the City Building Department and all connection fees shall be paid as provided by City Ordinances. No building permit shall be issued by the City after the effective date of this ordinance, unless the applicant shows compliance with the terms of this ordinance. 2. Existing Structures. Any existing houses, buildings, business or facilities presently utilizing their own septic systems, drainfield, soil absorption system, etc., shall be inspected by November 1, 2000 by a licensed inspector. After the initial inspection, systems must be inspected biennially by a licensed inspector and inspection results presented to the City of Fridley Building Department. All systems shall also be inspected prior to sale and/or transfer of title. All properties utilizing on site sewage treatment shall be connected to the City Sewer system prior to the issuance of any building permits for kitchen, bathroom, or bedroom expansions. Further, any such system presently in use, but which is revealed to be a failing system by inspection, shall be connected to the City of Fridley sewer system as soon as is practical but within 6 months of the time of failure. If the system is determined to be an immediate health hazard, the system must be connected immediately. Abandoned Sewage Treatment Systems. All existing cesspools, drywells, septic tanks, or any other on-site sewage treatment systems which are abandoned and not in use shall be properly removed and/or filled immediately to State standards so as not to pose a danger to health and safety. 402.08. NUISANCE Hereafter, whenever and wherever any such private septic tank, cesspool or other type of private sewage system is damaged or defective and as a result thereof operates improperly creating an immediate health threat by exposing raw sewage to the grounds surface, then except as is further provided herein, connection shall be made to a public sewer immediately. Use of a defective system, or one in need of repair to eliminate a hazard to safety or health is deemed maintenance of a nuisance and is prohibited; and such nuisance may be abated according to law. 402.09. FAILURE TO COMPLY; NOTICE The City Manager may cause written notice of sewer and water requirements to be given to any person required by subsection � n� n4 n� ,,,- n n� no 402.07 or 402.08 to make such repairs and connections. Such notice shall be mailed by certified mail or delivered by the Building Official or Code Enforcement Officer by order of the City Manager. In the event that (I.) any person, required by subsection 402.08.9� to connect an existing building to sanitary sewer mains where there is not an immediate health danger, fails to complete the making of such connection within 6 month after such written notice is given, or (11.) any person required by section 49�1 402.08 to connect an existing system to sanitary mains due to system failure and immediate health threat fails to complete the making of such connection with 5 days after the written notice is given, the Council may by resolution direct that the required connection be made and the cost assessed against the benefited property as set forth in section 49�4 402.12. From the time of failure until connection, outflow must be plugged and tank pumped on a regular basis. Work must be done by a Certified septic installer and pumping schedules must be filed with City Building Department. Ordinance No. 1191 402.10. HEARING Page 4 In any case where an owner deems himself or herself aggrieved by an order of the Building Official of the City or other representative of the City with respect to a private sewage disposal system and its continued use, the owner is entitled, upon giving notice and demand, to a hearing before the Council with respect thereto and before the order shall become final. Such notice and demand shall be made promptly and in no case later than five (5) days after receipt of any order from the City. 402.11. SEWAGE AND WASTE CONTROL The "Waste Discharge Rules for the Metropolitan Disposal System" as adopted by the Metropolitan Council Environmental Services (MCES), is hereby adopted by reference and incorporated into and made a part of this Code as completely as if set out here in full. 402.12. INSTALLATION BY CITY Wherever the notice provided for in Section 402.09 is not complied with, the Council may, by resolution, direct the connection of such building or property to the public sewer system. The cost of all necessary appurtenances and the connection to public services shall be paid initially from the General Fund and then assessed by the Council against the property benefited. If the assessment is not paid to the City within ten (10) days after the City Clerk has served written notice in the same manner as provided for notice referred to in said section, the City Clerk shall certify the amount of the assessment to the County Auditor for collection in the same manner as other special assessments. The Council, by resolution, may provide for payment of the assessment in one (1) annual installment bearing interest at the current assessment rate from the expiration of such ten (10) day period. 402.13. STATE & METROPOLITAN COUNCIL REGULATIONS BY REFERENCE There is hereby adopted by reference, and shall be in full force and effect in the City of Fridley as if set out here in full, the following rules, regulations and recommended practices as set forth in pamphlets published by the State of Minnesota, rules, regulations and recommended practices which shall be considered and construed as minimum codes and standards of the City of Fridley: Rules, regulations and recommended practices for the design, construction and operation of sewage systems as set forth in Minnesota Rules Chapter 7080, dated 1995, published by the Minnesota Pollution Control Agency, as amended to date. 2. Rules, regulations and recommended practices on the type, design, construction and location of wells for potable water supply when connections to the municipal water system are not feasible as set forth in pamphlets entitled "Manual of Water Supply Sanitation", Section 11, dated 1956, Section V, dated 1956, and Section VII, dated 1957, all as published by the Minnesota Department of Health, Division of Environmental Sanitation, as amended to date. 402.14. CONSENT TO REGULATIONS Every person applying for water or sewer service and every owner of property for which any such application is made shall be deemed upon making such application to consent to all rules, regulations and rates set forth in this Chapter, and such further rules, regulations and rates as may thereafter be set forth and adopted by the City Council. Ordinance No. 1191 402.15. WATER METER Page 5 Before any water conveyed through the municipal water system shall be used or utilized on the land or premises of any person, firm or corporation, there shall first be installed a water meter that will accurately measure the water consumed on the premises, except and unless such installation shall be exempted by the City. The applicant for water service shall ae�c��;* ;r *'�° r;*� Tr€� pay an amount to the Citv at the time of application for permit as set forth above, an amount determined by the City to be sufficient to cover the cost of the meter. (Re£ 566) 2. At such time as there is a change of customer or propertv ownership for existing customers, all new customers to the svstem will be required to pav a one-time administrative set-up charge at the rate set annuallv bv an administrative policv ''�*�-'-";-'�a ;., r�..,..�,.,, „ n» o;�+;r,. ,. ,�+,,,,.o,-� , , , , e��e��t�������e�—. —5 ��} A. Those persons who paid to purchase a meter prior to the effective date of this ordinance mav have the purchase price returned upon satisfactorv proof of transfer of title and possession of said premises. The purchase price shall be first deducted from the bill if there are unpaid bills or charges. B. The liabilitv of the Citv for return of said purchase funds however shall be limited to the funds as are available in the water fund and shall not constitute a general obligation to the Citv All water meters installed under the provisions of this Chapter shall remain the property of the City of Fridley. The meters shall be repaired from time to time as is necessary to ensure accurate measuring of the flow of water. The City shall pay for the cost of repairs except when a meter has been damaged due to negligence on the part of persons other than employees of the Water T'°„��*m°r*, *'�° Department. The owner, occupant or user of the premises or such other person desiring use of the water shall reimburse the Water Department for the expense of repairing any such damaged meter. Upon failure to reimburse the Water Department within a reasonable time and upon demand therefore, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the City. A. Right of entrance. Everv person owning improved real estate that has had a water meter installed shall allow dulv authorized emplovees of the citv or a designated representative of the Citv, bearing proper credentials and identification, to enter all properties for the purpose of reading, repairing, or replacing the meter, or for the purpose of installing an automated meter reading device (AMR). 402.16. TAMPERING PROHIBITED It shall be unlawful for any person to tamper with, alter, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter owned by the City. Ordinance No. 1191 402.17. METER READING AND PAYMENT FOR SERVICES Page 6 The City may provide a system of water meter reading'�� „��* ��r�' m°*°r r°��'°r �r ��*'�°r m°*'���' , , deemed suitable +� *'�° „„���° by the City Council. The City may also establish billing areas or districts and provide for the readings of ineters and billing charges by month, by calendar quarters or monthly quarters, or such periodic intervals as the City Council shall determine suitable and necessary from time to time to the needs of the City. In the case of a post-card meter reading, each consumer shall mail or return the meter card on or before the due date. 2. Each consumer shall be assessed a one dollar ($1.00) penalty for any card not returned within seven (7) days of the due date. 3. A charge of ten dollars ($10.00) will be added to the bill if the meter reading post card is not returned to the City for the second consecutive quarter billing. 4. A charge of fifteen dollars ($15.00) will be added to the bill if the meter reading post card is not returned to the City for the third consecutive quarter. Such penalty and any use charges (based on an estimate of the water consumed) will be added to every quarterly billing thereafter if subsequently not read. 5. If the meter reading post card is not returned to the Citv for the fourth consecutive quarter, an ARM shall be installed on the propertv. The propertv owner shall pav a penaltv equal to the full cost of the meter and installation which will be added to the bill. If the plumbing is substandard, the propertv owner will be responsible for bringing the plumbing up to code at their own expense. A. Refusal of Entry. Any person refusing to allow entry of a duly authorized emplovee or designated representative, as described in 402.15.3.A., shall be required to pav a penaltv of $50.00 per month which shall be added to everv subsequent utilitv bill. The penaltv shall be added every month until the propertv owner is in compliance with this section. � 6. The water rate charges shall be considered net charges and shall be the charges payable after the last day of the month or billing period in which the billings are sent out. � 7. Payments not paid within thirty (30) days from the date of the bill will be assessed an additional ten percent (10%) penalty. (Re£ 662, 988) 402.18. DISCONTINUANCE OF SERVICE The City reserves the right to discontinue service to any customer of the water and sewer system without notice when necessary for repairs, additional connection or reconnection or for non-payment of charges or bills or for disregard of any rules or regulations in connection with the use or operation of said system. Whenever any service has been discontinued for non-payment of charges or bills or for disregard of any rules or regulations, it shall not be resumed, except upon payment of the charges of bills accrued together with compliance with the rules or regulations previously violated and payment to the City of a restoration fee . . . . set annuallv bv an administrative policv °° °�� �-' `�''°-'��-' ".. (Re£ 565) Ordinance No. 1191 402.19. LIEN Page 7 In the event a water or sewer bill is unpaid at the end of the calendar quarter or the billing period under which the billing is sent out, the bill shall be considered delinquent and the service may be discontinued as provided in Section 49�� 402.18 above and the City Council may cause the charges noted in such billing to become a lien against the property served by certifying to the County the amount of said delinquent bill in accordance with Minnesota Statutes, Chapter 444. A penalty of ten percent (10%) will be assessed to all amounts certified to the County for collection. (Re£ 113 and 565) 402.20. WATER= t�#B SEWER, AND STORM WATER RATES 1. Water consumption= � sewer, and storm water use charges to the consumer shall become due and payable quarterly each year on a calendar schedule or by monthly intervals or periods of time in accordance with a schedule prepared by the City Manager. (Re£ 464) 2. The water rates per quarter shall be set by Council Resolution. 3. The sewer rates per quarter shall be set by Council Resolution. 4. The storm water rates per quarter shall be set bv Council Resolution 4. 5. Whenever the period of billing of charges for e�k€� water= e� sewer, or storm water services er�e�k is altered or changed, the minimum charge payable for such water= e� sewer, or storm water service may and shall be prorated as necessary in equity to the consumer for any period of time less or more than a full quarter of any period used. Such prorating is also authorized whenever the rate, minimum or otherwise, for °.� water= e� sewer, or storm water services, er�e�r is charged. 402.21. DEFECTIVE METER If a meter fails to register or accurately measure the water, the charge for water consumed shall be paid for at the established rate based upon past average billings as determined by the City Manager. 402.22. NOTICE OF LEAK Any owner, occupant or user of a premises who discovers a leak in a service line to the premises shall notify the Water Department within 24 hours. Any water wasted due to failure of such person to comply with this regulation shall be estimated by the City Manager and charged against the owner of such premises at the established rate. (Re£ 113) 402.23. STOP VALVE There shall be installed in every connection to the City water system one stop and waste valve which shall be installed at a point between the water service stop and the meter so that the water may be turned off and the meter and house plumbing entirely drained. There shall be installed another stop and waste cock in the pipe on the house side of the meter. All service pipes connected to the City systems shall be of a TYPE K copper or its approved equal and shall be laid at a depth not less than 6.5' below the finished grade, or as low as the street mains. Ordinance No. 1191 402.24. PERMIT Page 8 Any applicant, owner, occupant or user in applying for permission to connect to the City water and sewer systems shall have all work in connection therewith performed under the supervision of a plumber, licensed to do plumbing in the City of Fridley, except that nothing in this Chapter shall be construed as to prohibit an individual owner from obtaining a permit therefor provided that a person, firm or corporation actually performing the work be a plumber licensed to perform such work in the City. 402.25. OPEN CONNECTION FOR FIRE PROTECTION Any applicant, owner, occupant or user who shall apply for a connection to the City water mains which connection shall be open at all times for the purpose of fire protection, shall apply in writing to the Water Department giving detailed information as to the size of main required, location of main and a copy of the plans of the system that shall be served by such connection. Such applicant shall furnish and install between the point of connection to the City main, a shut off valve or if the same be installed by the City, the cost thereof shall be paid by the said applicant. Such shutoff valve shall at all times be open for inspection purposes to the Water Department personnel, but maintenance and cost of repair of the valve and tap shall be the sole responsibility of the applicant desiring such service. In the event a single connection is made for the joint purpose of fire protection and potable water use, applicant shall split the connection line and provide separate shut off valves for each use, a minimum distance of 20 feet from the outermost point of the building. Such permit may be granted by the City upon such conditions as may be deemed by the City Council to be in the best interest of the City including requirement by the City of the installation of any valve and meter for water use detection purposes. 402.26. RESTRICTION It shall be unlawful for any person, firm or corporation having such an open main for the purpose of the protection to make any connection to such main for any purpose other than the one noted in the original request to the Water Department. 402.27. CITY NOT LIABLE The City shall not be held liable at any time for any deficiency or failure in the supply of water to the customer whether the same be occasioned by shutting off the water for repairs or connections, or for any cause whatsoever. 402.28. RATES The City Council shall have the authority to prescribe the rates to be charged for water and sewer service to the customer from time to time and may prescribe the date of billing, a discount for the payment of any bill within a reasonable time, and such further rules and regulations relative to the use and operation of such systems as it may deem necessary from time to time. 402.29. INDUSTRIAL USER STRENGTH CHARGE 1. Recitals. The Metropolitan Council Environmental Services (MCES), a metropolitan commission organized and existing under the laws of the State of Minnesota (the "MCES"), in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder Ordinance No. 1191 Page 9 (the "Act"), has determined to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System, as defined in Minnesota Statutes, Section 473.121, Subdivision 24, and to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge allocated to it each year by the MCES it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within or served by the City. Furthermore, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of them and certify unpaid charges to the County Auditor as a tax lien against the property served. 2. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the MCES that are based upon the strength of discharge of all industrial users receiving waste treatment services within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the "Strength Charge"). 3. Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section '' ��i 402.29.2, there is hereby established, approved and adopted in compliance with the Act the same strength charge formula designated in Resolution No. 76-1972 adopted by the governing body of the MCES on June 15, 1976, such formula being based upon pollution qualities and difficulty of disposal of the sewage produced through an evaluation of pollution qualities and quantities in excess of annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. 4. Strength Charge Payment. It is hereby approved, adopted and established that the Strength Charge established by Section ^ ��i 402.29.2 above shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to such user by or on behalf of the City, and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Furthermore, it is hereby established, approved and adopted that if such payment is not paid before such date an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (2/3%) per month on the unpaid balance due. 5. Establishment of Tax Lien. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section '' ��i 402.29.2 above is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to Section ''��'.�T 402.29.4, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for collection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent Ordinance No. 1191 sewer strength charge and interest thereon under any other available remedy. (Re£ 629) . � � � � _ � � _ � �ZV Y Y Page 10 � � . , > > �ett�� ,-o ,-o,a , r,ao,-+i,;� ri,.,�+o,- � ,- +„ ., �i;,..,+;,,r � ,- +i,o ,-o�,r,a • „ � "� I: 402.30�. TAMPERING It shall be unlawful for any person to tamper with, use, alter or damage any water line or connection of any type or part thereof or any fire hydrant, water service curb or valve box or street valves or any sewer line or connection of any type or part thereof without authority from the City. Any person who shall damage any part of the municipal water system, or any pipe or connection of any type or part thereof, including any hydrant or valve, or any part of the municipal sewer system or any pipe or connection of any type or part thereof, shall be liable for the damage or loss to the City caused thereby. 402.31�. SURFACE WATER INTO SANITARY SEWER It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any s�e�g€ surface water to drain into the sanitary sewer system of the City of Fridley. 402.32�. CITY INSPECTION All installation work or repair of connections to the municipal sewer and water system, including grades, bends and back-filling shall be performed under the direction and supervision of the City Manager or the City Manager's designee. No work shall be covered or back-filled until directed by the City Manager or the City Manager's designee. All work and excavations shall be protected by barricades and warning markers and lights reasonable and suitable to the purpose. The City shall be held harmless of any claim or loss as might otherwise arise for damage or loss of injury caused by or arising by reason of such work being performed; and the applicant, owner or user performing or causing such work to be done shall give a report to the City with respect thereto. Ordinance No. 1191 Page 11 2. No digging on any permanent type street shall be permitted except by special permission from the City. Whenever a water user questions the accuracy of the meter, and desires that such meter be tested, such person shall r�� ��°�� �� °�'�"�r� �QC nm reimburse the citv for all testing costs plus an administrative fee set annuallv bv an administrative policv if the meter tests accurate within a range of minus three percent (-3%) to plus one and one half percent (1-1/2%). If it is not accurate within this range, no charge will be made for testing and any administrative costs incurred. � An � adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate. 402.334. WATER CONSERVATION In order to ensure an adequate water supply for human consumption, sanitary purposes, and fire fighting purposes, the City Council may establish by resolution water conservation regulations as they may be required from time to time. (Re£ 922) 402.34�. TERMINATION NOTICE Requests for turning off the water shall be made in writing thirty (30) days prior to the time for which payment has been made. Otherwise, the owner of the premises shall be liable for water rent for the next period. 402.35b. INSPECTION & CORRECTION The City Manager or any authorized employee or agent of the City shall have right to enter and be admitted to any lands and property in the City for the purpose of inspection of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. Any and all work, construction, alteration, repair, addition to, remodeling, moving, use, maintenance and occupancy of any building and the work and installation of any utility and appliance thereof and in use therewith to which the codes herein referred to apply shall be done and performed strictly in accordance with this Code. If, after inspection, any of the same are found not to be in accord with this Code, then the same shall be corrected upon notice from any duly authorized representative of the City of Fridley authorized to give such notice. If, after such written notice to any person performing any work which requires correction thereof, such person neglects or refuses to correct such work and fails to make the same conform to this and to the order of the City's representative, the City by any of its duly authorized representatives may remove such work and charge the cost thereon to the person installing the same. No person shall cover any such work without the same being first duly inspected. 402.36�. SEPARATION FROM PRIVATE WATER Whenever any premises are connected to the municipal water system, there shall be maintained a complete physical separation between the municipal water supply system and the private water supply system, so that it is impossible to intentionally or unintentionally allow any water produced by a private system to be introduced into the supply line from the municipal system. 402.37�. CHARGES WHERE NOT METERED Any water obtained by any person, firm or corporation from the municipal water system which is not paid for by the consumer or the user thereof by payment of water charges or rates determined by a meter shall Ordinance No. 1191 Page 12 be charged at and paid for by such consumer or user upon an estimate of the quantity of water used as computed at the established rate for such purpose or use, except that the Council may waive payment of such charge where deemed by the Council to be in the interest of the City. 402.381. ENFORCEMENT It shall be the duty of such administrative personnel as designated by the City Manager to ensure compliance with the provisions of this Chapter. 402.3949. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 9 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29TH DAY OF MARCH 2O04. ����� ��� ��ott�. Lun , Mayor ATTEST: Debra A. Skogen, Ci Clerk First Reading: February 23, 2004 Second Reading. March 29, 2004 Published: April 8, 2004