3-1: WATER SERVICE:

3-1-1: PURPOSE:

The purpose of this Chapter is to:

A. Establish reasonable rules and regulations for the operation of the City.

B.  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.

C.  Establish a fair and equitable means of having all persons who hook into or receive direct and immediate benefit from water mains throughout the city by requiring owners to participate in the capital cost and maintenance of water mains fronting and providing benefits to properties and the general operation of the water system, including fire protection and other health and safety benefits.

D.  Establish fair and equitable charge for the actual cost of material and labor expended by the City whenever City crews install water service or do maintenance for a customer.

E.  Protect public health and welfare by maintaining quality water to the City and controlling cross-connections or other sources or potential sources of contamination to the water supply.

F.  Provide clean, efficient, and adequate water system for residents of the City.

3-1-2: DEFINITIONS:

Certain terms used in this Chapter shall have the meanings ascribed below:

APARTMENT: Any building or portion thereof which is designed, built, rented or leased, let, or hired out to be occupied or which is occupied as the home or residence of two (2) or more families living independently of each other and doing their own cooking within the premises.

BACKFLOW: The flow other than in the intended direction of flow, of any non-potable waters, foreign liquids, gases, or any other 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 Minidoka, 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 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.

CUSTOMER LINE: The pipe, valves, and fittings leading from the meter into the premises served, including the water meter attached thereto.

METER: A water meter and its enclosure, valve, and related appurtenances which measures the volume of water used by a customer of City water service. Meter includes the meter setter which allows of meter installation and replacement without disturbing the pipes.

OPEN HOSE: The use of water through a hose without a nozzle or other pressure limiting device.

SERVICE LINE: The water pipe, valves, and fittings laid from the main to the meter.

SINGLE FAMILY DWELLING: All structures, except hotels, motels, rooming houses and apartments, which contain sleeping, restroom, cooking and dining facilities.

WATER MAIN: The publicly-owned water pipe laid in a street, road, alley, or easement conveying water for City water service.

3-1-3: EXCLUSIVE OWNERSHIP, MANAGEMENT, AND CONTROL:

A.  The City shall have exclusive ownership, management, and control of the City water system and shall have exclusive ownership, management, and control of the supply and distribution of water to the inhabitants of the City. 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. Water shall not be resold or distributed outside the City without express permission of the City.

B.  All houses, buildings, or properties within City limits used for residential, commercial, industrial, governmental, recreational, or any other purpose shall connect such facilities to a public or private water source.

C.  New houses, buildings, or properties within three hundred feet (300′) shall connect to and use water from public system. No building permit shall be issued until evidence is submitted that the owner has obtained a permit to construct a private water supply or connect to a public water system. New subdivisions shall connect to public water system for each lot of a subdivision within one-half (1/2) mile of a public water line.

D.  All existing houses, buildings, or properties served by a private water supply shall abandon the private water supply and connect to the public water system once public water becomes available within three hundred feet (300′) and the private supply becomes polluted or requires a permit for any repair, upgrade, or modification. Disconnection of a private supply shall be inspected and approved by the City. Cross-connection is not permitted.

E.  Once connected to the City water system, it shall be unlawful to disconnect.

F.  Notwithstanding the foregoing, the use of the City water supply as a primary source of irrigation in new development is prohibited and use of the irrigation system or irrigation water is required.

3-1-4: GRANTING OF FRANCHISE PROHIBITED:

No person shall be granted any franchise or permit to furnish or supply any inhabitant within the City any water for domestic or culinary use or for sprinkling of lawns and gardens within any portion thereof where the water mains have been extended or may hereafter be extended so as to supply said property with water.

3-1-5: 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 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.

3-1-6: DUTIES OF DIVISION HEAD: 

The Mayor shall supervise and manage the Water Division, including all supply and distribution lines, wells, pumps, storage, and fire hydrant facilities. Any powers granted to or duties imposed may be delegated to other City personnel within the City.

3-1-7: RIGHT TO TURN OFF WATER:

The Mayor may turn off water within the City water system as a whole, a portion, or single user when deemed necessary to maintain or repair the water system or when ordered to do so by the Mayor or Council.

3-1-8: 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.

3-1-9: MAYOR MAY LIMIT USE OF WATER:
In times of, or in anticipation of, scarcity of water, or when the City is unable to furnish a sufficient supply of water, the Mayor may, by public proclamation, and approved by Council, 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, on the city website, and after such publication, the proclamation shall have the same force and effect as a City ordinance. Such proclamation shall have a sunset date not beyond the reasonable expected length of duration of scarcity, not beyond six (6) months.

3-1-10: INSPECTION OF PREMISES:

Free access for inspection of Service or Customer Lines shall, upon such reasonable notice as the circumstances permit, be allowed to the City of all places supplied with water from the City water system. Inspections inside any buildings, structures, premises, or improvements shall be by consent of the customer only, including those under 3-1-40. Failure to consent to a legitimate and reasonable request may provide reason for City to turn off all utilities to the premises. City shall have the right to enter the facilities of any Customer to ascertain whether the purposes of this Chapter are being met and whether Customer is complying with all requirements thereof. Customers shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties.

A.   Where a Customer has security measures in force which require proper identification and clearance before entry into its premises, the Customer shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Director will be permitted to enter without delay for the purposes of performing specific responsibilities.

B.   The Director shall have the right to set up on the Customer’s property, or require installation of, such devices as are necessary to conduct sampling or metering of the Customer’s operations.

C.   Any temporary or permanent obstruction to safe and easy access to the facility to be inspected or sampled shall be promptly removed by the Customer at the written or verbal request of the Director and shall not be replaced. The costs of clearing such access shall be borne by the Customer.

D.   Unreasonable delays in allowing the Director access to the Customer’s premises shall be a violation of this Chapter.

3-1-11:  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.

3-1-12: EXTENSION OF WATER MAINS WITHIN CITY:

The Mayor or the Council may extend water mains within the City at City’s 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 entirely at City expense. The City may require any customer desiring water service to install at the customer’s expense, or a portion thereof, a water main along, or a part of, the entire frontage of such customer’s property. The City may also require the customer to submit design drawings and specifications prior to the commencement of the construction of such extension.

3-1-13: 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. City reserves the right to terminate such service without cause at any time upon at least thirty (30) days advance written notice.

3-1-14: WATER SYSTEM CONNECTION FEES:

A.  Purpose. The purpose of this Section is to establish an equitable system of charging new customers for the effect, 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, or appurtenances of the City water system. 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 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, including fire protection, which benefits are 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 to 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 or existing building or structure or for any existing building for which a change in occupancy or use, as defined under the International Building Code, as currently adopted by the City, is made and for which a new or larger water service line is installed. Notwithstanding the foregoing, no system connection fee shall be charged for connection of water service solely for fire protection services. Such system connection fee shall be in an amount set from time to time by Resolution of the Council.

C.  Water Main Connection Charge. Before connecting to any water main, all persons desiring such connection shall pay a water main connection fee in an amount based upon the estimated costs of connection depending on the length, property characteristics, and needs. If costs exceed the estimate, City shall recover the excess from the customer by billing. Any amounts recovered that exceed the actual cost shall be refunded to customer. All water mains within the City shall be deemed to have been constructed in whole or in part at City expense.

3-1-15: INSTALLATION CHARGES:

Service lines between the main line and the meter shall be installed by the City. Customer lines should be installed by the customer at their cost. Such installation shall comply with City standards with inspection and approval by the City before use.

3-1-16: LENGTH OF SERVICE LINE:

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.

3-1-17: OWNERSHIP, MAINTENANCE, AND CONTROL OF SERVICE LINE:

All service lines and connections from the main to and including the meter shall be installed, owned, maintained, and exclusively controlled by the City.

3-1-18: ARRANGEMENT OF SERVICE LINE 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 meter placed near the property line, unless a different arrangement is first authorized in writing by the City.

3-1-19: BRANCH SERVICE:

A.  No service connection serving more than one customer shall be made, except with written permission granted by City only for good cause. Such permission may only be granted where exists common ownership of the multiple connections and billing is made to that owner, not any tenants or other parties in possession of the property. If common ownership is terminated, then each connection must be separately connected.

B.  Where an existing water service provides service to several customers without written permission, the City may provide a 45 day notice that City will terminate water service until separate service connections are provided at the owner’s expense. If the City permits such existing services to continue, the established base rate shall be charged for each potential individual customer receiving service from the existing line and an additional pro rata portion for usage for each customer.

3-1-20: PERMIT REQUIRED:

No person shall dig into the streets or under the sidewalk for the purpose of laying, removing, or repairing any customer line without first obtaining a permit with at least 24-hour notice having been given to City Clerk. Such permit will only be granted after existing utility lines are previously clearly marked.

3-1-21: 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.

3-1-22: PERMIT TO DO PLUMBING:

No plumber or other person shall make any connections to a City water main or service line. No plumber or other person shall make alterations in any conduit, pipe, or other fixture connecting to the City mains or service lies, or connect pipes, without first obtaining a plumbing permit, if required. If a permit was required, all such work shall be inspected and approved before service is restored. If such work requires excavation within a public right of way, such person shall notify the City and also obtain a plumbing permit.

3-1-23: 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 a weekend, 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.

3-1-24: 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 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. City may also make a criminal report. 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.

3-1-25: AUTHORITY TO PLACE METER:

The City may, in their sole discretion, place a meter on any service line and change the method of billing from a flat rate to a metered rate.

3-1-26: OWNERSHIP OF METERS:

All water meters installed or accepted by the City shall remain the property of the City and may be removed or replaced by the City at any time.

3-1-27: MAINTENANCE OF METERS:

The City shall maintain and repair all meters. Where replacement, repair, or adjustment of any meter is rendered necessary by the act, neglect, or carelessness of the owner or occupant of any premises, any expense incurred by the City thereby shall be charged against and collected from the customer, and water service may be discontinued until the meter is repaired, replaced, or adjusted.

3-1-28: METER LOCATION AND ACCESS:

Meters shall be located near the customer’s property line. No meter shall be located within a structure without written consent of the City and access by the City at all times. The customer shall keep the area adjacent to the meter free from trees, shrubbery or other obstructions and shall allow the City access to the meter during normal working hours.

3-1-29: 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 portion of the month.

3-1-30: BILLING, COLLECTION, AND TERMINATION OF UTILITY SERVICE:

Billing, collection, and termination for utility service shall be processed pursuant to the City billing, collection, and termination policy established under Title 3 Chapter 7.

3-1-31: WATER USER SERVICE CHARGE:

A.  A monthly service charge for water service shall be charged to all customers on a monthly basis. All charges to customers, shall be calculated in a manner that ensures each customer will pay a fair share of the costs of operation, maintenance, and capital equipment replacement based upon proportional usage of the water system. The rates established shall generate sufficient revenue to defray the costs of operating and prudently managing the water system, including but not limited to: (a) capital costs; (b) operation and maintenance costs; (c) replacement costs and reserves, and (d) debt service on bonded indebtedness. Premises occupied for any portion of a month shall be charged a pro rata portion of the month.

B.  For billing purposes, water users shall be classified and billed as Residential, Commercial, and Industrial.

C.  City shall establish monthly rates for water service supplied by City in an amount set from time to time by Resolution of the Council for the following:

1.  Monthly Non-Metered Residential Water Rates (Inside City):

a.  Single-family dwellings and mobile homes (excluding separate apartment units within such dwelling) – Per dwelling or unit;

b.  Duplex/Triplex – Per dwelling or unit;

c.  Apartment unit – Per unit.

2.  Monthly Non-Metered Commercial Water Rates (Inside City):

a.  Category 1 (Commercial Apartment Building where single bill for all tenants is paid by landlord or manager) – Per unit;

b.  Category 2 (Bar, Church, Gym, Office Space, Retail, Salon, Shop, and Warehouse) – Per business;

c.  Category 3 (Big Box Retail, Car Sales, Convenience Store, Day Care, Fast Food, Medical Office) – Per business;

d.  Category 4 (Hall, Restaurant) – Per business;

e.  Category 5 (Hotel or Rest Home with twenty (20) rooms or less) – Per business;

f.  Category 6 (Hotel or Rest Home with more than twenty (20) rooms) – Per business.

3.  Monthly Non-metered School Water Rate (Inside City): Per fifty (50) students or fraction thereof.

4.  All other non-classified businesses shall be placed into a monthly non-metered commercial water category by the Director based on anticipated interior water consumption.

5.  Monthly Metered Water Rates. The water for customers receiving metered water service shall be a monthly base metered water of three thousand (3,000) gallons plus a monthly volumetric rate per each one thousand (1,000) gallons of water used; in an amount set from time to time by Resolution of the Council. Each class of Residential, Commercial, and Industrial shall have separate rates. Users outside the City shall have a separate rate as set by Resolution of the Council.

a.  New installations without sufficient metered data shall be charged as non-metered water as defined above until such time that sufficient metered data is available.

3-1-32: WATER RATES OUTSIDE CITY:

Monthly rates charged for water furnished outside the City limits, whether metered or non-metered, shall be as set by Resolution, including a base rate and usage rate.

3-1-33: METER RATES FOR MULTIPLE METERS:

Where an individual consumer is supplied with water through more than one (1) metered service, charges shall be computed separately for each individual meter.

3-1-34: SERVICE OUTSIDE CITY:

The City shall not provide any water service to any consumer whose residence or place of business is outside the corporate limits of the City unless a written service contract and consent to annexation has been executed between the consumer and the City. All services must comply with all other requirements of the City.

3-1-35: FIRE SERVICE CONNECTION:

All fire service connections between water mains and property lines shall be installed and maintained by the City, at the expense of the owner or occupant of the premises served, and shall be the property of the City. At the time of making application for service, the applicant shall file with the City detailed plans, produced by a registered design professional, showing all piping installed or to be installed for fire protection, all fire gates, automatic sprinklers, and all other outlets, gates, or appurtenances. Each fire service connection shall have a gate valve with an adequate valve box installed between the main and the property line of the premises served. No fire service connection larger than six inches (6″) shall be installed without special permission from the Council. Upon receipt of such application and submissions by a registered design professional, the Mayor shall determine the cost for the installation of such service, taking into consideration the length and size of pipe, condition of street and sidewalk, all relative to the character of service, and such cost shall be paid by the applicant before such installation is made. No customer receiving metered water service shall use a fire service connection for domestic purposes or any purpose other than for fire protection. If the Mayor finds a fire connection is being used for any purpose other than for fire protection upon the premises, the owner or occupant shall be notified and if such improper conditions are not corrected within ten (10) days, water service to the entire premises may be terminated until proper adjustments are made. Such shall constitute theft of services.

3-1-36: FIRE HYDRANTS:

All public fire hydrants shall be maintained by the City and be kept accessible at all times. Members of the Fire Protection District shall also have free access to such hydrants. No other person shall draw or attempt to draw any water from a fire hydrant unless the person has written permission of the City and comply with any requirements for such use. The Mayor may assess an equitable charge for the consumption or use of water drawn from a fire hydrant.

3-1-37: UNLAWFUL CONTAMINATION OR CROSS-CONNECTIONS:

It shall be unlawful for the owner, tenant, occupant, lessee, or other user of City water to introduce or permit the introduction of pollution or contamination of any kind into the City water supply system. It shall be unlawful for any person to install or maintain any cross-connection within the City.

3-1-38: BACKFLOW PREVENTION DEVICES:

A.  Backflow prevention devices shall be installed by the proper 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 a cross-connection 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 arrangements which make it impracticable to 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 potential entry of substance into the public water supply;

6.  Premises having pumps or devices which may affect the pressure within any line connected to the City water supply;

7.  Whenever water is drawn from a public fire hydrant.

B.  All backflow prevention devices shall be installed by the property owner at the owner’s expense, and shall be of a type commensurate with the degree of hazard which exists or which could exist. An air-gap separation or a reduced pressure principle backflow prevention device shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a public health hazard. In all other cases where the contaminant may be objectionable but not hazardous to the public health, a double check valve assembly, an air-gap separation, or a reduced pressure principle backflow prevention device shall be installed. All backflow prevention devices and the installation thereof shall be approved by the City Water Department Head or duly authorized representative.

C.  All backflow prevention devices installed pursuant to this Chapter, except atmospheric vacuum breakers, shall be inspected and tested by a certified tester at the time of initial installation and annually thereafter, or more often if deemed necessary by the City. Whenever a backflow prevention device is found to be defective, it shall be repaired, overhauled, or replaced at the owner’s expense. The City Water Department Head shall retain adequate records of all inspections, tests, or repairs made pursuant to this Chapter.

D.  If a backflow prevention device is found to be necessary, the owner, tenant, occupant, or lessee of the property shall apply in writing to the Clerk for an installation permit, specifying the type and location of such device or devices. It shall be unlawful to install, relocate, or remove a backflow prevention device without a permit.

3-1-39: INSPECTION OF NEW CONNECTION:

No building, improvement, or other structure shall be connected to the City water supply unless such structure has been inspected by the City and found free of any cross-connections or other conditions for which a backflow prevention device is required by this Chapter.

3-1-40: REQUIRED INSPECTION AND TERMINATION OF WATER SUPPLY:

The City 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 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 in accordance with this Chapter.

3-1-41: PENALTIES:
It shall be unlawful for any person to violate any provision of this chapter or tamper with, alter, or injure any part of the city waterworks or water supply system, any meter, or any shutoff box. It shall be unlawful to steal services. Any violation of this chapter shall be punishable as a misdemeanor.

3-2: RESERVED:

3-3: ELECTRICAL SERVICE:

3-3-1: DEFINITIONS:

A.  Residential User: A “residential user” for the purpose of this chapter is defined as follows:

1.  A consumer of electrical energy that is served with a single- phase (120/240 volt) electrical energy and which energy is used in dwellings which includes houses, apartments, duplexes, condominiums, trailer houses or mobile homes and in which said dwellings there is no conduct of business or commercial activities.

2.   Public services, educational, religious, fraternal, and other nonprofit organizations that use single-phase 120/240-volt energy.

B.   Commercial User: A “commercial user” of electrical energy for the purpose of this chapter is defined as follows:

1.   Any person, firm, corporation and/or organization that uses electrical energy within the service area of the city electrical system for the purpose of conducting any type of commercial activities such as retail sales, services rendered for money, manufacturing or other type of business.

2.  Any consumer of electrical power that requires 3-phase electrical energy.

C.  Industrial User: An “industrial user” of electrical energy for the purpose of this chapter is defined as follows:

Any person, corporation, firm or association that uses electrical energy within the service area of the city electrical system who demands and receives 500 kW demand or more in any one month.

D.  Irrigation User: An “irrigation user” of electrical energy for the purpose of this chapter is defined as follows:

Any person, corporation, firm or association that uses electrical energy to pump water for agricultural purposes, meaning to water crops or pastures and croplands.

3-3-2: RATES:

The rates to be charged for consumption of electrical power by residential, commercial, irrigation and industrial users shall be set by resolution or by ordinance of the city council from time to time.

3-3-3: RIGHTS RESERVED:

City reserves the right to require the prospective electrical energy customer to execute a service contract specifying and setting forth the obligations of the parties pursuant to the city’s electrical policy, adopted from time to time by the City council. Such contract will provide for compensation necessary to justify the City’s investment in service facilities.

3-3-4: DEPOSITS:

A deposit of all new residential customers shall be required as security for payment. The deposit will be in the amount set by resolution of the council. Deposits may be used at any time by the city to be applied against the customer’s delinquent account. Upon voluntary or involuntary termination of service, the city clerk shall apply the deposit first toward the delinquent portion of the account, if any; and, then to the currently due portion of the account including any charges up to the date of termination whether or not such charges are delinquent. If there is any damage, other than normal wear and tear, to the electrical facilities at the place served, any remaining portion of the deposit may be used to offset the actual costs of repair or replacement. Any unused portion of the deposit is refundable to the customer in person at the city office. No interest will be paid on the deposit nor will interest be credited to the customer’s account.

3-3-5: MAINTENANCE OF METERS:

Owners and/or occupants of each parcel of property served by this service shall keep meters reasonably free from trees, shrubbery or other barriers or restrictions.

3-4: RESERVED:

3-5: RESERVED:

3-6: GARBAGE SERVICE:

3-6-1: DEFINITIONS:

For the purpose of this chapter, the following words shall have the meanings ascribed to them unless the context otherwise indicates:

COLLECTOR: The person holding a license or contract with the city and authorized to collect, handle, transport and dispose of refuse and wastes.

GARBAGE: Shall include all putrescible waste, except sewage and body waste.

REFUSE: Solid wastes, including garbage and rubbish.

RESIDENTIAL: Shall mean or have reference to single-family dwellings or duplexes. “Nonresidential” shall refer to all other dwellings or commercial or industrial uses.

RUBBISH: Shall mean refuse other than garbage.

WASTE: Unwanted solid, liquid or gaseous materials.

3-6-2: RESPONSIBLE AUTHORITY:

The council shall be responsible for the enforcement of the provisions of this chapter.

3-6-3: COMPULSORY USE OF THE SYSTEM:

Every owner and occupant of premises within the city must use the refuse collection and disposal system herein provided and shall deposit or cause to be deposited in accordance with this chapter all rubbish and garbage that is of such nature that it is perishable, or may decompose or may be scattered by wind or otherwise, which is accumulated on such premises.

3-6-4: REFUSE COLLECTION:

It shall be unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any refuse over the streets or alleys of the city, or to dump or dispose of the same, unless and until such person has a contract therefor as an authorized representative of the city.

3-6-5: REFUSE ACCUMULATION UNLAWFUL:

It shall be unlawful for any person to permit or to suffer to accumulate in or about any yard, lot, place or premises, or upon any street, alley or sidewalk adjacent to such lot, yard, place or premises, owned or occupied by such person, any garbage or refuse as more particularly set out in section 5-3-2 of this code.

3-6-6: CONTAINERS

It shall be the duty of every owner or occupant of any place where garbage or rubbish is created or accumulated to keep at all times or cause to be kept portable appurtenances consisting of approved containers for the deposit therein of rubbish and garbage and, except as otherwise provided, to dispose or cause to be disposed all rubbish and garbage therein.

Persons occupying residences within the city shall have garbage containers supplied by the city’s approved trash collection hauler.

Also, any limbs and bundles, trash, grass or other garbage or debris in plastic bags as long as said bundles or bags do not exceed seventy (70) pounds each or four feet (4′) in length may also be placed for pick up with the approved containers on the day of or the evening before regular pick up.

Businesses (nonresidential) places within the city shall have containers which are covered and reasonably airtight.

3-6-7: COLLECTION AND FEE:

A.   For residential and nonresidential garbage service, collection will be at least once a week. For nonresidential service, collection may be available more often than once a week upon special prior arrangements with the city and the collector.

B.   The fee for residential service shall be set by resolution of the city council from time to time.

3-6-8: METHOD OF PAYMENT; SANITARY FUND:

Fees shall be carried on the water or other utility or service bill and the same shall be paid with said bill. Said charges shall become delinquent in the same manner.

The proceeds from the collection of fees and charges herein provided shall be placed in a special fund to be known as the sanitary service revenue fund, and all expenses of the city in the operation of the sanitary collection and disposal system shall be paid out of such fund; and any surplus remaining therein at the end of each fiscal year shall be transferred by the council to the general fund of the city.

3-6-9: LICENSING AND CONTRACTING:

The council shall have sole authority to license or contract for the performance of all services pertaining to refuse collection and disposal. All rules, regulations and conduct of operations and all fees as provided for in this chapter shall be as determined and prescribed by the council.

3-7: COLLECTION OF SERVICE AND UTILITY CHARGES:

3-7-1: DUE DATES FOR CHARGES FOR SERVICES AND ACCOUNTS:

All monthly charges for services or utilities set forth in this title shall be billed to the individual account for the premises to which the service is rendered. Charges as set forth in this title for utility and other services, with the exception of irrigation water as set forth in chapter 2 of this title, incurred during the monthly billing periods shall all be due and payable as of the first working day of the next succeeding month and become delinquent as of the eleventh of the said succeeding month, or the first working day thereafter if such eleventh day be a holiday. Date of payment is the date the payment is actually received at the City offices, whether by mail or otherwise.

Irrigation water, which is normally billed only on an annual basis, shall be billed on the monthly billing card and in the same manner as a monthly charge in the month in which it accrues and becomes due and payable.

3-7-2: APPLICATION OF PAYMENT:

All payments received for services provided in this title may be applied to the following services in the following order:

1.  Electrical charges

2.  Sanitation charges

3.  Water Charges

Further, all payments in the above priority shall be applied first to the delinquent portion of any account, if any there be, and then to the currently due portion of the account before any is applied to the next account in priority.

The Clerk shall have authority to accept partial payments to apply on the balance due and shall also have authority to accept prepayments to apply against all future billings.

3-7-3: REMEDIES OF CITY:

The City shall have and does have and does reserve to itself all civil and other remedies available to it by statute, common law, and the other remedies and procedures set forth in this title or otherwise available in this Code and otherwise to enforce collection of charges imposed in this title, all of which remedies shall be considered cumulative to the degree allowed by law.

Further, in the event of nonpayment of any sewer charge for fee set forth in chapter 5 of this title, the City may also discontinue domestic water delivery as set forth in chapter 1 of this title to such customer in order to enforce payment of such charges, even if the domestic water account with such customer is not delinquent.

3-7-4: TERMINATION OF SERVICES:

In addition to all other remedies reserved to the City for collection of delinquent service fees and utility fees as set forth in this title, the City shall reserve and does hereby reserve the right to terminate service to a customer when the account for such service has become delinquent.

3-7-5: RESTORATION OF SERVICE:

After a service has been terminated, service may be restored upon payment of the delinquent account in full, repayment of the electrical or any other deposit required, if applicable, and payment of the reconnection fees in advance to the City Clerk, which fees shall be set by resolution of the City Council.

3-7-6: TAMPERING WITH METERS:

Any person who without prior authority of the City intentionally alters, tampers with or disconnects any metering device used by the City to register, measure or meter an amount of electricity, water, or other commodity or service delivered by the City to any customer or causes any such metering device to register an inaccurate reading shall be guilty of a misdemeanor.

3-7-7: UNAUTHORIZED CONNECTION:

Any person causing initial connection of any facilities to be served by the City domestic water, irrigation water, electric or sewer systems without the required prior authorization or who, without necessary prior authority, reconnects service to any of the said systems after having been disconnected for any reason whatsoever, shall be guilty of a misdemeanor.

3-7-8: FAULTY METERING DEVICES:

In the event that a metering device, the information from which is used to determine the amount to be paid by a City customer for a City service or utility, fails to operate or becomes faulty or does not otherwise correctly and accurately display and register the information to be displayed or registered, the City shall be entitled to charge the customer for services rendered during the period of faulty operation the average of the two (2) preceding months during which such metering device did accurately operate. This provision is applicable whether or not the customer owned the premises at that time. In the event that there is no prior history for the premises served with such service, then, in such event, the City Clerk shall make a determination as to what other three (3) premises within the City would have a similar consumption and average the consumption for the said period of time and apply that as the conclusive amount due and owing for the period of faulty operation of the metering device.

3-7-9: PROCEDURE FOR TERMINATION OF SERVICES:

The City will follow the procedure set forth below in terminating service of utilities to a customer in the event of nonpayment:

A.  Customer accounts for utility service are delinquent if not paid in full after the tenth day of the month.

B.  The City, in its delinquency notice, shall inform the customer of the right of pretermination hearing, application for which must be made within three (3) days. The notice may be mailed or delivered to the customer. If there has not been payment in full of the delinquent account or if no application for a hearing has been made, utility service may be terminated. If application is appropriately made within the stated time period, the City will not discontinue utility service until the hearing has been convened. The hearing will be conducted in front of the City Clerk and the customer shall have the right to be represented by counsel. In the hearing, the City Clerk may deal with billing errors, failures to credit payments or other accounting matters. The City Clerk also has authority to make arrangements, in the Clerk’s discretion, for payments by the customer over time in order to restore service prior to payment in full. In making such arrangements, the City Clerk shall give consideration to the customer’s past account delinquencies, the financial abilities and resources of the customer, the commercial reasonableness of the proposal and the likelihood of such delinquency not reoccurring. Decisions adverse to the utility customer of the City may be appealed to the City Council within ten (10) days of the adverse determination of the hearing before the City Clerk. The City Clerk will provide the appropriate written applications for the hearing before the Clerk and the appeal before the City Council and will inform the utility customer of the customer’s right of appeal to the City Council in the event of adverse decision. Decisions adverse to the consumer by the City Council will also inform the consumer of the right of appeal of the decision pursuant to the Idaho State Administrative Procedures Act to the appropriate court of jurisdiction.

C.  Persons who have a past due or delinquent utility account with the City and who desire new or renewed service must pay with the deposit all of past due account balance in full in cash. In the case of residential service locations, whether single-family, multi-family, rented or owned, a utility customer with a past due account shall be deemed to be all adults who were residing in the household of the former location where the delinquent utility service was provided. This shall be irrespective whether the account was in the name of such person or not. The customer receiving the new service shall be deemed to be all of the adults in the household to receive the service irrespective of who applies for the service. The applicant for new service shall give the names of all adult persons who reside at the new service location or are anticipated to reside at the location as a condition of service. The applicant shall expressly identify all adults who have a past due or delinquent utility account with the City on the application for new service. If an applicant has changed his or her or their names for any reason and has a past due or delinquent account with the City, such shall be divulged at the time of application. It shall be considered prima facie evidence of fraud or deception on an application for utility service to give a false name, apply in the name of another person, fail to give former names, fail to identify all adults who will reside at the location of the new service, fail to identify all persons who reside or will reside at the service location who have past due or delinquent utility accounts with the city, or to apply for service in the name of a minor. The obtaining of utility service by fraud or deception as herein defined shall be punishable as a misdemeanor.

D.  The city shall not deny or discontinue service of any utility prior to any requested hearing before the city clerk. The city may, in its discretion, continue service in the event of appeal to the city council. However, in the case of denying service initially where no service has been delivered for good cause, the city is not required to provide any service during the hearing pendency. The city shall honor hearing requests as soon as possible giving expeditious calendaring to all hearing requests.

3-7-10: LATE PAYMENT FEE:

Commencing sixteen (16) days after the first day of the month there shall be imposed a one-time late payment fee of ten percent (10%) of the then balance due on all residential and commercial utility and service account billings with a minimum fee of two dollars fifty cents ($2.50) per month. Also, interest at the rate of 1.75 percent per month on the unpaid balance shall be charged commencing thirty (30) days after the mailing of the utility billing. These provisions are in addition to any other remedies of the city including the termination of service. For purposes of this section, utility and service accounts shall include: domestic water, irrigation water, sewer, electricity, and garbage collection. Such one time late penalty shall be applied each month to any newly past due amount on any utility account for which a one time ten percent (10%) late penalty has not yet been assessed.

3-7-11: TERMINATION OF SERVICE TO DECEASED UTILITY CUSTOMERS:

Thirty (30) days after the death of a utility customer of the city, the utility account or accounts shall be closed and service, pursuant to that account or accounts, shall be terminated, except as follows:

A.  The estate, personal representative or heir may apply to the city to have the accounts transferred into the name of the estate, personal representative or heir upon completing the application for new service and payment of the required new service deposit.

B.  In any event, service may not be provided to the estate or personal representative of the deceased account holder for more than six (6) months from the utility account holder’s death, at which time the account must be transferred into the name of an appropriate successor in interest.

C.  The estate, personal representative or heir may apply to the city council upon appropriate showing of hardship.

D.  These provisions shall not apply when there is a surviving spouse to the utility account holder, as long as the said surviving spouse applies to have the account transferred into his or her name. Such transfer may be accomplished without payment of a new deposit.