§ 22-53. When connection required.

(a)

Existing structures. The owners of all dwellings, buildings, structures or properties used for human occupancy, employment, recreation or other purposes, situated within the city at the time of adoption of this section an abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public water main of the city are hereby required at their expense to connect to the system in accordance with the provisions of this section within one (1) year of the date of availability of the service. Immediate connection may be ordered by the superintendent or by the county health department if a present or potential health hazard exists. The availability of the public water system service shall be determined by the superintendent and his determination shall be based upon grades, economic feasibility, physical proximity of lots and structures to the system, environmental factors and other pertinent factors.

(b)

New construction. The owners of all dwellings, buildings, structures or other properties to be hereinafter erected and used for human occupancy, employment, recreation or other purposes situated within the city, and available to public water system as determined in subsection (a), are hereby required at their expense to connect such facilities directly to the public water system at the time of construction.

(c)

Procedure for required connection. When public water service is determined to be available to property with existing structures, the superintendent shall cause appropriate notice to be sent to the owners, agent or other person having charge of or occupying the property that the public water supply is ready and available for connection and that after one (1) year from the date of service of the notice the use of private water system on the property must be discontinued, the private water system must be properly closed as required by the city's municipal standards, and the property must be connected to the available public water system.

(d)

Civil penalties. Failure or refusal to connect to the public water system within one (1) year of the notice from the city to the effect that the public water system is available shall result in the property owner being charged a penalty of two hundred dollars ($200.00) for each single-family residential unit multiplied by the number of units or multiplying factors as established by the table of unit factor. These civil penalties may be enforced in any court of competent jurisdiction in the county.

(e)

Injunctive relief. If any structure, dwelling, building or property used for human occupancy, employment, recreation or other purpose is not connected to the available water system within one (1) year after the date of mailing or otherwise servicing notice to connect the property, the city may bring an action for injunctive relieve in any court of competent jurisdiction in the county to compel the owner of the property to connect to the system. The city may charge such action any number of owners or such properties to compel the person to connect to the system.

(f)

Unavailability. Where it is determined by the superintendent that the public water system is not available, the property owner must install a private water system which is approved by the county health department.

(Ord. No. 2004-6, 3-22-04)