§ 47-38. Discontinuing service for waste or misuse of water.

(a)

If any customer causes or permits any waste or misuse of city water contrary to the provisions of this chapter or other ordinances of the city, the department may upon notice to the customer terminate the customer's water connection, excluding any independently served fire service, and restore regular service only at such time as the objectionable conditions have been corrected to the satisfaction of the utility official. Provided, however, the customer shall have the right to request an administrative hearing as provided in section 47-70.1 of this Code. Violation of this subsection shall be an offense.

(b)

If unauthorized usage or an illegal connection is found on any unmetered fire line or on an unmetered fire line with a city approved backflow prevention device and a bypass meter, or if the utility official is refused reasonable access upon request to test any unmetered fire line, the utility official shall notify the property owner or manager that the line must be metered with a fire rated meter within 120 days. The new meter must meet the specifications outlined in section 47-4 of this Code, and be installed on private property in the city easement. The property owner will take whatever steps are required to assure that the fire protection system meets all requirements of the Construction Code and the Fire Code, and shall provide appropriate documentation to city code enforcement official that the installation of a full flow meter has not compromised the integrity of the existing fire sprinkler system. If the property owner or manager fails to timely install the meter, service to all other service accounts except fire service accounts at the property location shall be terminated. During the interim period, usage through the unmetered fire line will be estimated and billed based on usage found during the test or based upon the utility official's estimation of usage if testing is refused.

A person who receives a notice to install a meter under this subsection shall upon request be entitled to a hearing regarding the matter, which shall be afforded in the same manner provided in section 47-70 of this Code. In the event that the hearing official finds that the notice has been issued in error and that there has in fact been no unauthorized, illegal connection or failure to allow access for inspection, then the hearing official shall order the notice withdrawn. Additionally, the hearing official shall be authorized to suspend the notice upon request of the customer and demonstration by the customer that: (1) the customer has not committed any other violation of section 47-4 of this Code within the preceding period of five years, (2) the violation giving rise to the notice was not intentionally committed, (3) the customer has taken effective steps to prevent future violations, and (4) the customer has agreed to reimburse the city for any unauthorized water use and all administrative expenses of the investigation and hearing proceedings in an amount established by the hearing official.

(c)

When water is turned off under this section, the reconnection fees prescribed by section 47-70 of this Code shall apply and the service shall not be resumed until such fees have been paid. In addition, the provisions of subsection (f) of section 47-70 of this Code shall apply to such cases where the water is turned on by any unauthorized person or where the utility official deems it necessary to take the steps authorized by subsection (f) of section 47-70 of this Code to protect the city against waste or misuse of water.

(Code 1968, § 49-37; Ord. No. 90-635, § 153, 5-23-90; Ord. No. 02-926, § 3, 10-2-02; Ord. No. 03-332, § 2, 4-2-03; Ord. No. 07-599, § 14, 5-16-07)