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. (Ord. 2026-4, 7 Apr 2026)

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.

DIRECTOR: The City, or a duly authorized deputy, agent, employee, or representative acting under delegated authority pursuant to 3-1-6.

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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

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 when:

1. public water is available within three hundred feet (300′) of the property and

2. any of the following conditions occur:

a. the private supply becomes polluted or contaminated;

b. the private supply requires a permit for any repair, upgrade, or modification; or

c. the State of Idaho, or any other agency of competent jurisdiction orders connection to a public water system.

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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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 Idaho State Plumbing Code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

3-1-29: BILLING PERIODS:

Billing periods for domestic water service shall be governed by 3-7-4. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026; Ord. 2026-5, 5 May 2026)

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.

A deposit shall be required of all new water service account holders as security for payment. The deposit amount shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk. All deposit mechanics, including application of deposits against delinquent balances, return of deposits, and damage offsets, shall be governed by 3-7-3 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

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) and commercial rate categories to which business are assigned shall be established and may be amended from time to time by Resolution of the Council

3.  Monthly Non-metered School Water Rate (Inside City) including rates for schools, churches, and similar uses, shall be established by Resolution of the Council.

4.  All other businesses or uses not expressly categorized by Council Resolution based on anticipated interior water consumption and comparable use characteristics shall be assigned by the Director to the most appropriate existing category.

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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

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. (Ord. 2026-4, 7 Apr 2026)

3-2: RESERVED:

3-3: ELECTRICAL SERVICE:

3-3-1: PURPOSE:

The purpose of this Chapter is to:

A.  Establish reasonable rates for consumption of electrical energy by users within the City’s electrical service area.

B.  Establish customer deposit and service contract requirements.

C.  Provide for billing, collection, and termination of electrical service accounts by cross-reference to Chapter 7. 

D.  Establish connection and reconnection fee authority, also in conjunction with Chapter 7. (Ord. 2026-5, 5 May 2026)

3-3-2: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-3: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-4: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-5: DEPOSITS:

A deposit shall be required of all new electrical service account holders as security for payment. The deposit amount shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk. All deposit mechanics, including application of deposits against delinquent balances, return of deposits, and damage offsets, shall be governed by 3-7-3. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-6: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-3-7: BILLING, COLLECTION, AND TERMINATION:

A.  Billing, collection, and termination for electrical service shall be processed pursuant to City billing, collection, and termination policy established under Chapter 7.

B.  Fees for new electrical service connections and for reconnection shall be established by Resolution of the Council and maintained in current Rate Resolution on file with the Clerk.  No new electrical service shall be connected and no previously terminated service shall be reconnected until all applicable fees have been paid.  (Ord. 2026-5, 5 May 2026)

3-4: RESERVED:

3-5: RESERVED:

3-6: SANITATION SERVICE:

3-6-1: PURPOSE:

The purpose of this Chapter is to establish a mandatory refuse collection system for the City of Minidoka, to ensure the public health, safety, and welfare of residents and businesses by providing for regular and sanitary disposal of garbage and refuse.  This Chapter is adopted pursuant to the police power authority of the City under Idaho Code 50-301 et seq.  Billing and collection for refuse services shall be governed by Chapter 7.

3-6-2: 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, or dispose of refuse and wastes.

DUMPSTER: A large, lidded metal or heavy-duty plastic container, typically 2 to 10 cubic yards in capacity, used for the collection of refuse from commercial, multi-family, or construction sites, and emptied by mechanical lifting equipment operated by Collector.  

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

RECYCLING CONTAINER: A container designated by the City or its authorized Collector for the collection of recyclable materials separated from refuse, provided to residential or commercial customers as part of the City’s refuse collection program. 

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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-3: RESPONSIBLE AUTHORITY:

The council shall be responsible for the enforcement of the provisions of this chapter. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-4: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-5: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-6: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-7: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-8: 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 and nonresidential service shall be set by resolution of the city council from time to time. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-9: METHOD OF PAYMENT; SANITARY FUND:

Fees shall be billed 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 or account, 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-6-10: 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-5, 5 May 2026)

3-7: UTILITY ACCOUNT ADMINISTRATION, BILLING, AND ENFORCEMENT:

3-7-1: SCOPE AND ACCOUNT HOLDERS:

This chapter governs the billing, collection, and enforcement of charges for utility and municipal services provided under this code, including domestic water service (chapter 1), electrical service (chapter 3), and sanitation service (chapter 6).

All utility and municipal service accounts shall be established in the name of the owner of record of the premises receiving service. For owner-occupied properties, the owner of record shall be the account holder. For rental properties, accounts shall be established and maintained in accordance with 3-7-2 of this chapter. No account shall be established or maintained in the name of a tenant except as provided in 3-7-2. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-2:  OWNER-OF-RECORD REQUIREMENT: RENTAL PROPERTIES:

A.  OWNER AS ACCOUNT HOLDER. Effective October 1, 2026, all new utility and municipal service accounts for rental properties, including but not limited to domestic water, electrical, and sanitation service, shall be established and maintained in the name of the owner of record of the premises. The owner of record shall be solely responsible to the City for all charges, fees, and costs associated with service to the premises, regardless of any private arrangement between the owner and a tenant regarding payment of utility costs.

B.  EXISTING TENANT ACCOUNTS. Utility accounts established in the name of a tenant prior to October 1, 2026 are grandfathered and shall be permitted to continue until the occurrence of one of the following trigger events, each of which operates independently on a per-account basis:

(1) The termination of the tenancy for that account;

(2) The transfer of ownership of the property, effective on the closing date;

(3) The voluntary closing of the account for any reason; or

(4) The disconnection of that specific account for nonpayment.

Each trigger event operates independently on a per-account basis. The occurrence of a trigger event for one account on a parcel does not require conversion of any other account on the same parcel or on any other parcel owned by the same owner. Upon a trigger event, the affected account shall be re-established in the name of the owner of record in accordance with subsection A of this section. After October 1, 2026, no new utility accounts may be established in the name of a tenant.

C.  DISCONNECTION CONVERSION PROCESS. Upon disconnection of a tenant account for nonpayment, the tenant account terminates. The owner of record must come in to the City offices and establish a new account in the owner’s name for that specific unit or premises, pay the required deposit under 3-7-3 of this code, and complete all required account paperwork before service may be restored. The delinquent balance on the terminated tenant account remains the obligation of the tenant and shall not transfer to the owner of record’s new account. The City shall pursue collection of the tenant’s delinquent balance directly against the tenant.

D.  SALE OR TRANSFER CONVERSION PROCESS. Upon the sale or transfer of any property containing tenant accounts, all existing tenant accounts on that parcel shall be closed on the closing date. The departing owner’s accounts shall be closed, deposits refunded, and pro rata charges settled as of the closing date pursuant to 3-7-13 of this code. The new owner of record must establish new accounts in the new owner’s name. Failure to establish accounts in the new owner’s name may result in discontinuation of service. The burden of timely account transition is on the new owner of record. The City is not required to provide notice to the new owner of the conversion obligation.

E.  APPLICATION REQUIREMENTS. An owner of record establishing a utility account under this section shall provide the following to the Mayor: (1) proof of ownership of the premises, such as a recorded deed or current Minidoka County tax assessment record; (2) a mailing address to which utility bills shall be sent; and (3) current contact information for the owner or the owner’s authorized representative.

F.  PROPERTY MANAGERS. An owner of record may designate a property manager or authorized representative to act on the owner’s behalf for purposes of account administration. Such designation shall be made in writing to the Mayor. Designation of a property manager does not relieve the owner of record of ultimate financial responsibility to the City for all charges associated with service to the premises.

G.  NOTICE TO PROPERTY OWNERS. Upon adoption of this section, the Mayor shall provide written notice of the owner-of-record requirement to all property owners within the City using Minidoka County property tax records.

H.  WRITTEN CONSENT TO INSPECTION.  Utility account application form shall include a written consent to inspection clause.  By signing the application, the account holder and the owner of record shall provide written consent to reasonable access by authorized City personnel and authorized contractors for, including but not limited to, meter reading, inspection, maintenance, repair, replacement, testing, and investigation of service irregularities including suspected tampering, theft of service, or cross-connection.  Such consent is for any and all infrastructure associated with City provided services located on, near, or servicing the property.  Municipal Services Department shall require execution of an updated application from all existing account holders when any alteration or update of their account occurs.  This may also require transition from tenant to landlord as provided elsewhere in this Chapter.  Such consent constitutes lawful consent for purposes of Idaho Code 18-7103, as may be amended. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-3:  DEPOSITS:

A deposit shall be required per utility account of all utility account holders for domestic water service (chapter 1) and electrical service (chapter 3) as security for payment. Deposit amounts for each service shall be set by Resolution of the City Council from time to time and maintained in the current Rate Resolution on file with the Clerk.

A.  APPLICATION OF DEPOSIT. Deposits may be applied by the City at any time against a customer’s delinquent account. Upon voluntary or involuntary termination of service, the Mayor 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 accrued up to the date of termination whether or not such charges are delinquent.

B.  DAMAGE OFFSET. If there is any damage, other than normal wear and tear, to City-owned meters, service connections, or other City utility facilities at or serving the premises, any remaining portion of the deposit after application under subsection A may be applied to offset the actual costs of repair or replacement. The account holder shall be responsible for any costs of repair or replacement in excess of the deposit amount.

C.  RETURN OF DEPOSIT. Any unused portion of the deposit remaining after application under subsections A and B shall be refunded to the account holder within thirty (30) days of termination of service.

D. NO INTEREST. No interest shall be paid on deposits, nor shall interest be credited to the customer’s account.

E. RESTORATION DEPOSIT. Upon termination of service for nonpayment, a new deposit shall be required before service is restored, in addition to payment of the delinquent balance and reconnection fees as set forth in 3-7-11 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-4:  DUE DATES FOR CHARGES FOR SERVICES AND ACCOUNTS:

A.  MONTHLY SERVICES.  All monthly charges for domestic water service (chapter 1), electrical service (chapter 3), and sanitation service (chapter 6) shall be billed to the individual account for the premises to which the service is rendered. Charges incurred during the monthly billing period shall be due and payable as of the fifteenth day of the month following the billing period and become delinquent as of the sixteenth day of that month. Date of payment is the date the payment is actually received at the City offices, whether by mail or otherwise. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-5:  APPLICATION OF PAYMENT:

All payments received for domestic water, electrical, and sanitation services provided in this code may be applied to the following services in the following order:

Service	Governing Chapter
1. Domestic water	Chapter 1 of this code
2. Sanitation	Chapter 6 of this code
3. Electrical	Chapter 3 of this code

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 Mayor 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-6:  REMEDIES OF CITY:  TERMINATION OF SERVICES:

The City shall 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 code, to enforce collection of charges imposed in this chapter. All such remedies shall be considered cumulative to the degree allowed by law.

In addition to all other remedies, the City reserves the right to terminate service to a customer when the account for such service has become delinquent.

Further, in the event of nonpayment of any charge for service set forth in this chapter, the City may discontinue any one or more of the following services to such customer in order to enforce payment of such charges, even if the account for the service being discontinued is not itself delinquent: domestic water, electrical, or sanitation service. For example, the City may shut off domestic water service for nonpayment of sanitation charges, or shut off electrical service for nonpayment of domestic water charges. All cross-service terminations shall be subject to the pre-termination notice and hearing procedures set forth in 3-7-10 of this code. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-7:  TAMPERING WITH METERS AND UTILITY INFRASTRUCTURE:

Any person who without prior authority of the Mayor intentionally alters, tampers with, disconnects, or reconnects 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.

Any person who, without prior authority of the Mayor, operates, opens, closes, activates, or deactivates any valve, shutoff, switch, breaker, or other service control on any City utility system — including domestic water or electrical systems — whether to turn service on or off, shall be guilty of a misdemeanor. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-8:  UNAUTHORIZED CONNECTION AND UNAUTHORIZED USE:

Any person causing initial connection of any facilities to be served by the City domestic water or electrical 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.

No person shall divert, extend, or otherwise make available City-provided utility service to any premises, person, or account not authorized to receive such service, regardless of whether the original connection to the City system was authorized. Violation of this section is a misdemeanor. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-9:  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 the Mayor 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. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-10:  PROCEDURE FOR TERMINATION OF SERVICES:

This section establishes the pre-termination notice and hearing framework for all terminations of utility or municipal service under this code, including cross-service terminations under 3-7-6. The full procedure is set forth herein and is available at City offices.

A.  DELINQUENCY.  Customer accounts for utility service are delinquent if not paid in full by the fifteenth day of the month. Accounts not paid by the fifteenth are delinquent as of the sixteenth day of the month.

B.  NOTICE.  On or about the eighteenth day of the month, the City shall deliver a delinquency notice to the customer at the service address. The notice shall state the delinquent amount, the date by which payment must be made to avoid termination of service, and that failure to pay by that date or request a hearing may result in termination of service. The notice shall further advise the customer that delinquent accounts may be referred to a collection agency pursuant to Idaho Code § 67-2358, which may result in additional costs to the customer. If payment in full is not received by the date stated on the notice and no hearing has been requested, utility service may be terminated.

C.  HEARING.  A customer may request a pre-termination hearing before the Mayor within three (3) days of the shutoff date stated on the delinquency notice. The City shall not terminate service while a timely hearing request is pending. In extraordinary circumstances where standard collection remedies would be inadequate or would impose undue hardship, the Mayor may arrange a payment plan not to exceed ninety (90) days. Payment plans shall not be used as a routine alternative to timely payment. Adverse decisions of the Mayor may be appealed to the City Council. Adverse decisions of the City Council may be appealed to the appropriate court.

D.  PAST DUE ACCOUNTS.  Any owner of record who has a past due or delinquent utility account with the City must pay all past due balances in full before new or renewed service will be established at any property owned by that person.

E.  NO TERMINATION DURING PENDING HEARING.  The City shall not terminate service prior to the conclusion of any timely requested hearing. The City may, in its discretion, continue service during an appeal to the City Council. The City shall calendar hearing requests expeditiously. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-11:  RESTORATION OF SERVICE:

After a service has been terminated, service may be restored upon payment of the delinquent account in full, payment of a new deposit as required under 3-7-3 of this code, and payment of the reconnection fees in advance to the Clerk. Reconnection fees shall be set by Resolution of the City Council and maintained in the current Rate Resolution on file with the Clerk. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-12:  LATE PAYMENT FEE:  RETURNED PAYMENTS:

A one-time late payment fee of ten percent (10%) of the balance due, with a minimum of two dollars fifty cents ($2.50), shall be assessed on any utility or service account balance remaining unpaid as of the sixteenth day of the month. Interest at one and seventy-five hundredths percent (1.75%) per month shall accrue on any unpaid balance commencing thirty (30) days after billing. These remedies are cumulative and apply to all utility and service accounts under this chapter.

Any payment returned, dishonored, or reversed for any reason shall be subject to a returned payment fee set by Resolution. The account shall be treated as unpaid from the original due date. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-13:  ACCOUNT CHANGES:  SALE OR TRANSFER OF PROPERTY:  DEATH:

A.  SALE OR TRANSFER OF PROPERTY.

1.  ACCOUNT TRANSITION.  Upon the sale or transfer of any premises receiving City utility service, all existing accounts on the parcel shall close on the closing date. The departing owner must notify the Mayor in advance of the closing date to coordinate account closure and deposit refunds. The new owner of record must establish new accounts in the new owner’s name on or before the closing date. The burden of timely account transition is on the parties to the transaction. The City is not required to provide notice of the conversion obligation to the new owner.

2.  PRO RATA CHARGES.  For flat-rate services — yard light and sanitation — charges shall be prorated to the closing date. The departing owner is responsible for charges through the closing date; the new owner is responsible for charges from the closing date forward. Flat-rate minimum charges for metered services such as domestic water and electrical meter fees shall also be prorated to the closing date. All metered services shall be billed based on actual consumption through the closing date.

3.  PREPAID AMOUNTS.  If the departing owner has prepaid any flat-rate service charges for a period beyond the closing date, the City shall refund the prorated overpayment to the departing owner within thirty (30) days of account closure. No credit shall be applied to the new owner’s account.

4.  DELINQUENT BALANCES.  Delinquent utility balances at closing are the responsibility of the departing owner and shall be addressed as part of the closing. If not paid at closing, the City may pursue the departing owner directly for collection, including referral to a collection agency pursuant to Idaho Code § 67-2358, which authorizes the addition of a collection agency fee not to exceed thirty-three percent (33%) of the delinquent balance. All delinquent accounts must be paid in full before utility service may be established or reestablished at any address by the delinquent owner.

5.  UTILITY PAYOFF STATEMENT.  Upon request of any person, the City shall provide a statement of all outstanding utility balances and charges for a premises. The statement shall be honored by the City as the payoff amount through an expiration date established by the Mayor at the time of issuance.

B. DEATH OF ACCOUNT HOLDER.

1.  CONTINUATION OF SERVICE.  Upon the death of a utility account holder, City service shall continue provided the account remains current. No immediate account transition is required solely by reason of the account holder’s death.

2.  SURVIVING SPOUSE.  If a surviving spouse is already on the account, no transition is required. If the surviving spouse is not on the account, the surviving spouse may have the account transferred into his or her name without payment of a new deposit.

3.  ACCOUNT UPDATE.  The account shall be updated to remove the deceased account holder within one hundred eighty (180) days of the City’s receipt of written notice of death. If the property is sold or transferred before the 180-day period expires, the sale or transfer provisions of subsection A apply immediately and govern.

4.  DELINQUENCY.  If the account becomes delinquent following the death of the account holder, the standard termination procedures under 3-7-10 of this code apply. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-14:  NOTICE OF DELINQUENCY IN LAND RECORDS:

In addition to all other remedies available under this code, the City may, at its discretion, record a notice of utility service delinquency with the Minidoka County Recorder against the real property at the service address.

A.  TRIGGER.  The City may record a notice of delinquency after service has been terminated and remains unrestored for ninety (90) days.

B.  CONTENTS.  The notice shall identify the property, the delinquent account, and the amount outstanding including accrued fees and interest.

C.  ADMINISTRATIVE FEE.  An administrative fee for preparation and recording of the notice, and for preparation and recording of the release, shall be charged to the delinquent account in an amount set by Resolution of the City Council and maintained in the current Rate Resolution on file with the Clerk.

D.  RELEASE.  Upon payment in full of all outstanding charges, fees, interest, and administrative fees, the City shall promptly record a release of the notice with the Minidoka County Recorder. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)

3-7-15:  COUNTY TAX CERTIFICATION FOR DELINQUENT ACCOUNTS:

In addition to all other remedies available to the City under this code, the City may certify delinquent utility and municipal service account balances to the Minidoka County Assessor for collection through the property tax process.

A.  ELIGIBLE ACCOUNTS.  An account is eligible for county tax certification only if all of the following conditions are met: (1) service has been terminated for nonpayment; (2) the delinquent balance remains unpaid after termination; (3) the account has not been reopened; and (4) the account is held in the name of the owner of record of the premises pursuant to 3-7-2 of this chapter.

B.  NOTICE REQUIRED.  Prior to certifying any delinquent account balance to the County, the City shall provide written notice to the account holder by first-class mail to the account holder’s last known billing address. The notice shall: (1) identify the delinquent amount proposed for certification; (2) advise the account holder that the amount will be certified to the County for collection through the property tax process if not paid within twenty-one (21) days of the date of the notice; and (3) advise the account holder of the right to contact the Mayor to pay the balance or arrange a payment plan.

C.  CERTIFICATION.  If the account holder does not pay the delinquent balance or enter into a payment arrangement with the City within twenty-one (21) days of the notice required by subsection B, the City may certify the delinquent amount to the Minidoka County Assessor. The amount certified may include the principal balance due, accrued late fees and interest under 3-7-12 of this code, and a reasonable administrative fee as established by Resolution of the City Council and maintained in the current Rate Resolution on file with the Clerk.

D.  NON-EXCLUSIVE REMEDY.  County tax certification is a remedy in addition to, and not in lieu of, any other remedy available to the City under this code. The City may pursue service termination, civil collection, land record notice under 3-7-14, and county tax certification concurrently.

E.  OWNER-OF-RECORD ACCOUNTS ONLY.  County tax certification under this section shall apply only to accounts held in the name of the owner of record of the premises pursuant to 3-7-2 of this code. County tax certification shall not be used to collect delinquent balances on accounts held in the name of a tenant, former tenant, or any person other than the owner of record of the premises against which certification is sought. (Ord. 2026-4, 7 Apr 2026; Ord. 2026-8, 4 August 2026)