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Code of Ordinance › Chapter 70 — UTILITIES

This article shall be known and may be cited as the "Village of Mayville Water Ordinance". (Ord. No. 168, § I, 9-17-2013)

It is hereby determined to be desirable and necessary for the public health, safety and welfare of the Village of Mayville that all water supply facilities of the village, whether owned by the village or operated as lessee and agent, be operated on a public utility rate basis in accordance with the provisions of Act 94, Public Acts of Michigan, 1933, as amended. (Ord. No. 168, § II, 9-17-2013)

1. (a) Arsenic compounds. The presence of the arsenic compounds in potable drinking water constitutes a health hazard to the residents of the Village of Mayville, requiring the filtration and treatment of all drinking water which is produced within the Village of Mayville. In 2006, the Village of Mayville initiated a construction project whose purpose was the removal of arsenic compounds from the village municipal water system. As a part of its undertaking of the project, all premises are required to connect to and use the village municipal water system.
2. (b) Testing. A variance from mandatory connection may be granted only if the applicant furnishes the village with test results which were prepared by a licensed analytical laboratory which demonstrates that the drinking water quality from the premises water well meets all drinking water quality standards of the State of Michigan. The water sampling source shall be verified by the Tuscola County Health Department, or its designee, or by a person who is approved by the Village of Mayville for conducting water sampling.
3. (c) Annual water sampling. A variance shall be granted for one year. A variance shall not be renewed unless the applicant submits test results which comply with subsection (b) and which are from a water sample which was taken within 30 days of the variance renewal application date.
4. (d) Fees. The village shall establish by resolution of the village council a variance application fee which shall be paid at the time that the application for variance or variance renewal is made. The application fee amount shall be subject to modification by resolution of the village council. (Ord. No. 168, § III, 9-17-2013)

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Backflow. The word "backflow" shall be construed to mean water of questionable quality, waste or other contaminants entering the system due to a reversal of flow. Charges. The terms "charges for water services" or "charges" shall be deemed to mean the amount charged to each premises in the village connected to the system for the purpose of receiving a supply of water. Connection cost charge. The term "connection cost charge" shall mean the amount charged to any applicant for the installation of the water main connection from the public water main to the property line as determined by the village council, including the tapping of the water main, service pipe, water meter and meter pit at the road right-of-way. Cross connection. The term "cross connection" shall be construed to mean a connection or arrangement of piping or appurtenances through which a backflow could occur. Dwelling unit. The term "dwelling unit" shall mean a structure containing one or more rooms, with bathroom and principal kitchen facilities, designed as self-contained unit for occupancy by one family for living, cooking, and sleeping. Premises. The term "premises" shall mean a lot or parcel of land, exclusive of buildings, however owned, or occupied. Revenues, net revenues. Whenever the words "revenues" and "net revenues" are used in this article, they shall be understood to have the meanings as defined in Section 3, Act 94, Public Acts of Michigan, 1933, as amended. System. Whenever the word "system" is referred to in this artcile, it shall be understood to mean the complete water supply facilities of the Village of Mayville, including all water lines, pumps, storage or treatment facilities, and all other facilities used or useful in the transmission and distribution of potable water, including all appurtenances thereto and including all extensions and improvements thereto, which may hereafter be acquired. Tap-in-charges. The terms "tap-in-charges" and "tap-in-fees" shall be construed to mean a charge made to any applicant for water services for the privilege of connection to such water service. Village. The term "village" shall be construed to mean the Village of Mayville and the term "county" shall be construed to mean the County of Tuscola, both in the State of Michigan; the term "village council" shall [be] construed to mean the Village of Mayville Council, the legislative and governing body thereof. Village water system operator. The term "village water system operator" shall mean the director of department of public works or an agent designated by the director. Water service. The term "water service" shall be construed to mean the providing of a supply of water to premises connected to the system. (Ord. No. 168, § IV, 9-17-2013)

1. (a) Designation of authority. The operation, maintenance, alteration, repair, and management of the system shall be under the supervision and control of the village council.
2. (b) Mandatory water connection. A water connection shall be initiated by filing an application with the village, containing the name and address of the applicant; the size of the water service connection pipes desired; and the distance, if known, that the property is located from any existing public water main. (Ord. No. 168, § V, 9-17-2013) Secs. 70-36—70-40. - Reserved.

The village reserves to itself the right to install any required service connection or main extension, to subcontract the same to any private licensed contractor. An inspection and supervision fee shall be paid by the applicant to the village. (Ord. No. 168, § VI(6.1), 9-17-2013)

The village reserves to itself the right to require a security deposit for water service. The amount of the required deposit shall be determined by resolution of the Village of Mayville Council. This amount will be evaluated and adjusted as needed by resolution of the Village of Mayville Council. (Ord. No. 168, § VI(6.2), 9-17-2013)

1. (a) All water service connections from the water main to the meter pit at the right-of-way shall be one-inch K copper or two-inch poly tubing SDR-9 with bronze fittings and shall be installed by Village of Mayville at the expense of the property owner.
2. (b) The service line from the meter pit to the building shall be installed by the owner at the owner's expense and must be inspected by the village. Any water loss from the service line will be the responsibility of the premises owner. (Ord. No. 168, § VI(6.3), 9-17-2013)

No person other than an authorized representative of the village shall turn on or off any water service to any public or private premises at the connection of the premises to the water main. (Ord. No. 168, § VI(6.4), 9-17-2013)

1. (a) All premises connected to the public water system shall be equipped with a water meter, so located that all water entering the premises shall pass through such meter and be measured as to volume consumed for period computation of water charges.
2. (b) The water meter shall be installed at a location as determined by the village. (Ord. No. 168, § VI(6.5), 9-17-2013)

All individual meters shall be equipped with an outdoor register, said register to be installed by the village and charges therefor will be paid for by the water users and customers. (Ord. No. 168, § VI(6.6), 9-17-2013)

The escape of water through defective plumbing is prohibited. This shall including knowingly or recklessly permitting defective plumbing to remain out of repair and water to escape. The "plumbing" shall include but not be limited to water service lines from the water meter to the curb shut off valve. (Ord. No. 168, § VI(6.7), 9-17-2013) Secs. 70-48—70-55. - Reserved.

All connections to the system shall be made by the village at a reasonable charge. The owner of the premises shall pay, in addition to all other charges and fees provided herein, in advance of the commencement of such connection, the actual cost to the village plus a percentage thereof as an administrative fee, to be determined from time to time by the village council. The owner of the premises shall pay the cost of a meter or meters installed, all of which shall be equipped with an outdoor register. The connection charges may be changed from time to time by resolution of the village council to reflect changes in connection costs and to maintain a fairly uniform charge within the village. (Ord. No. 168, § VII(7.1), 9-17-2013)

1. (a) Condition of tap-in-charges. A tap-in-charge is hereby established for the privilege of connecting premises within the village, or which are to be connected to the system, upon which are located buildings or structures, or for which use of water is requested to the water system if the following conditions are met:
   1. (1) A direct connection to the system is available to the premises;
   2. (2) All connection and other charges have been paid and the plumbing to be connected has been fully inspected and approved by the village.
2. (b) Minimum tap-in-charge. The minimum tap-in charge shall be determined periodically by resolution of the village council. It shall be calculated by taking into the account the following factors:
   1. (1) Depreciated asset value of the water system;
   2. (2) Anticipated cost of capital improvements to the system over not less than five years nor more than ten years;
   3. (3) Current and anticipated customer base over the next five to ten years.
3. (c) Tap-in charge-multi-unit commercial and multi unit residential. If a premises contains more than one building or structure which is used as a dwelling unit and which constitutes a permitted use under the Village Zoning Ordinance, there shall be one tap-in fee for the premises based on master meter size. Any meters which are connected beyond the point of installation of the master meter shall be considered to be a private water distribution system and shall be the customer's responsibility to maintain. Where multi unit commercial developments contain more than one building or structure and constitute a permitted use under the Village Zoning Ordinance, there shall be one tap-in charge based upon the master meter size. Any meters which are located beyond the point of installation of the master meter shall be considered to be part of a private water distribution system and shall be the customer's responsibility.
4. (d) Tap-in charge—Residential duplex (two unit). The minimum tap-in charge shall be one and one-half times the residential charge. The duplex shall be required to have two separate water taps and meters. (Ord. No. 168, § VII(7.2), 9-17-2013)

The charges provided in this division shall be subject to adjustment by resolution of the Village of Mayville Council. (Ord. No. 168, § VII(7.3), 9-17-2013)

The rates for water service are hereby established as follows:

1. (1) Ready to serve charge. The following charge is hereby established for the following size meters: Meter Size Monthly Quarterly 1-inch meter and smaller $ 7.10 $ 21.30 2-inch meter 41.10 122.30 4-inch meter 63.78 191.34 These amounts will be evaluated and adjusted by resolution of the village council.
2. (2) Monthly water consumption charge. Water consumption will be charged at the rate of $5.08 per 1,000 gallons with a monthly minimum charge of $21.30. The minimum monthly water consumption charge includes the use of the first 1,000 gallons of water and the ready to serve charge. Monthly consumption charges shall be subject to adjustment in an amount equal to the increase in the cost of water which is paid by the village. These amounts shall be subject to adjustment by resolution of the village council.
3. (3) Village charges. The village shall pay for all water used by it at the foregoing rates, except that for fire hydrant service, there shall be no ready to serve charge or minimum water consumption charge.
4. (4) Rate revisions authorized. The rates hereinbefore established are estimated to be sufficient to provide for the payment of the expenses of administration and operation of the system and such expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order; and to provide for such other expenditures and funds for the system as are required by this provision. Rates shall be fixed and revised from time to time by village resolution so as to produce the foregoing amounts, and the village covenants and agrees to maintain at all times such rates for services furnished by the system as shall be sufficient to provide for the foregoing.
5. (5) Estimated water use. Water consumption charges will be based on an actual reading. Village of Mayville, however, reserves the right to estimate water usage if the meters cannot be read. (Ord. No. 168, § VIII, 9-17-2013)

Upon receipt of billings and any other receipts, such moneys shall be deposited in such funds as may be required by ordinances and resolutions provided by the village council for financing of the system and such other funds as the village council may deem appropriate. The village council hereby creates a fund to be known as "The Village of Mayville Water Fund". (Ord. No. 168, § X, 9-17-2013)

Moneys in any fund or account established by the provisions of this article may be invested in obligations of the United States of America in the manner and subject to the limitations provided in Act 94, Public Acts of Michigan, 1933, as amended. In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds from which such purchase was made. Income received from such investments shall be credited to the fund from which such investments were made. (Ord. No. 168, § XI, 9-17-2013) Secs. 70-62—70-70. - Reserved.

Bills will be rendered monthly, payable without penalty within 30 days after the date thereon. Payments received after such period shall bear a penalty of ten percent of the amount of the bill. (Ord. No. 168, § XI(9.1), 9-17-2013)

The charges for services which are under the provisions of Section 21, Act 94, Public Acts of Michigan, 1933, as amended, are made a lien on all premises served thereby, unless notice is given that a tenant is responsible, and are hereby recognized to constitute such lien, and whenever any such charge against any piece of property shall be delinquent for six months, the village official or officials in charge of the collection thereof shall certify annually, on September 1st of each year, to the tax-assessing officer of the village the facts of such delinquency, whereupon such charge shall be by said officer entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general village taxes against such premises are collected and the lien thereof enforced. However, where notice is given that a tenant is responsible for such charges and service as provided by Section 21, no further service shall be rendered to such premises until a cash deposit in the amount of $150.00 shall have been made as security for payment of such charges and service. (Ord. No. 168, § XI(9.2), 9-17-2013)

In addition to the forgoing, the Village of Mayville shall have the right to shut off any premises for which charges for water service are more than 30 days delinquent, and such service shall not be re-established until all delinquent charges, penalties, a turn off charge of $15.00 and a turn on charge of $80.00 (a total of $95.00) have been paid. Further, such charges and penalties may be recovered by the village by court action, including attorney fees and costs. (Ord. No. 168, § XI(9.3), 9-17-2013)

No person other than an authorized employee or representative of Village of Mayville shall break or injure the seal on or change the location of, alter or interfere in any way with any meter that is property of or has been furnished by the Village of Mayville. (Ord. No. 168, § XI(9.4), 9-17-2013)

In the event a meter shall fail to register properly, the village shall estimate the quantity of water used on the basis of former consumption and bill accordingly. (Ord. No. 168, § XI(9.5), 9-17-2013)

No person shall refuse to admit to premises owned or occupied by him or hinder any authorized agent of the village entering said premises for the purposes of reading a water meter or inspecting a water meter or any piping in connection with the water distribution system. (Ord. No. 168, § XI(9.6), 9-17-2013)

Whenever a water meter or a water hydrant is damaged because of any act or negligence on the part of the owner or occupant of the premises where such meter is installed or hydrant is located, the expense to the village caused thereby shall be charged to and collected from such owner or occupant. (Ord. No. 168, § XI(9.7), 9-17-2013)

All repairs to damaged water lines connecting the water main to the curb stop valve, meter, or dwelling unit shall be charged to and collected from the owner or occupant of the premises. (Ord. No. 168, § XI(9.8), 9-17-2013)

No fire hydrant shall be used for any purpose other than for fire protection without the prior approval of the village. (Ord. No. 168, § XI(9.9), 9-17-2013)

Any person, firm or corporation, public or private, or any public agency or instrumentality that receives water service without actually notifying the village in writing and without having paid the appropriate charges shall be punished by a civil infraction sanction of $500.00 in addition to being assessed appropriate charges for water service previously received as reasonably estimated by the village. (Ord. No. 168, § XI(9.10), 9-17-2013)

No free service shall be furnished by said system to any person, firm or corporation, public or private, or to any public agency or instrumentality. When the water system operator becomes aware of an unauthorized water usage, the operator shall disconnect the water line and notify the Village of Mayville ordinance enforcer. The ordinance enforcer shall issue a civil infraction, which shall include a fine up to $500.00 for unauthorized water use. The water cannot be reconnected until all fines and fees are paid in full. The connection fee shall be $150.00 and any meter and valve fees if needed. Also the water usage will be estimated back to the time the water service was available, and billed equal to the maximum usage for each year or billing cycle. (Ord. No. 168, § XI(9.11), 9-17-2013)

No resale of water service shall be furnished from said system by any person, firm or corporation, public or private, or to any public agency or instrumentality. (Ord. No. 168, § XI(9.12), 9-17-2013) Secs. 70-83—70-90. - Reserved.

When the village president determines that the consumption of water by the village has or is about to equal or exceed 80 percent of the total supply of water which is available from the village water system, he shall declare that a period of water conservation is necessary and the following water uses are restricted as explained during the period of such need for water conservation. (Ord. No. 168, § XII(12.1), 9-17-2013)

When the village president declares that water conservation is necessary as provided herein, the use and withdrawal of water by any person from the system for any of the following purposes is hereby restricted such that customers with odd-numbered street addresses may use water for the following purposes on odd- numbered days only and customers with even-numbered street addresses may use water for the following purposes on even-numbered days only:

1. (1) Watering of yards: The sprinkling, watering of irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation, except in conjunction with the operation of a commercial greenhouse.
2. (2) Cleaning outdoor surfaces: The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces.
3. (3) Swimming pools: Swimming and wading pools not employing a filter and recirculating system. (Ord. No. 168, § XII(12.2), 9-17-2013)

When the village president declares that a water conservation is necessary as provided herein, notice thereof shall be given to the official newspaper of the village and to radio and television stations as determined by the village. Such notice shall advise of the time of commencement of such water conservation period; that the water conservation period will continue until notice of termination is given by the president; the restrictions and restricted uses; and the penalty for violations. (Ord. No. 168, § XII(12.3), 9-17-2013)

Any person who shall knowingly, during any water restriction, use or withdraw water from the village water distribution system for any of the purposes prohibited in this section, shall be punished by a civil infraction. Each day's failure of compliance with any provision of this section shall constitute in a separate offense. (Ord. No. 168, § XII(12.4), 9-17-2013)

Legal proceedings to enjoin the violation of any of the provisions of this article may be brought in any court of competent jurisdiction in the name of the Village of Mayville. Such action shall be taken only as authorized by the village council. (Ord. No. 168, § XII(12.5), 9-17-2013) Secs. 70-96—70-100. - Reserved.

When the village president determines that the consumption of water by the village has or is about to equal or exceed the total supply of water which is available from the village water system, he shall declare that critical water consumption period exists and the following water uses are prohibited during the continuance of such water emergency. (Ord. No. 168, § XIII(13.1), 9-17-2013)

When the village president declares that a water emergency exists as provided herein, the use and withdrawal of water by any person from the system for any of the following purposes is hereby prohibited.

1. (1) Watering of yards: Sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation, except in conjunction with the operation of a commercial greenhouse.
2. (2) Cleaning outdoor surfaces: The washing of sidewalks, driveways, filling station aprons, porches and other outdoor surfaces.
3. (3) Swimming pools: Swimming and wading pools not employing a filter and recirculating system. (Ord. No. 168, § XIII(13.2), 9-17-2013)

When the village president declares that a water emergency exists as provided herein, notice thereof shall be given to the official newspaper of the village and to radio and television stations as determined by the village maintaining offices or studios within the village. Such notice shall advise of the time of commencement of such emergency; that the emergency will continue until notice of termination is given by the president; the prohibited uses; and the penalty for violations. (Ord. No. 168, § XIII(13.3), 9-17-2013)

When the village president determines the conditions which caused the declaration of the water emergency no longer exists, he shall so declare and give notice of such determination as provided above. (Ord. No. 168, § XIII(13.4), 9-17-2013)

Any person who shall knowingly, during any water emergency, use or withdraw water from the village water distribution system for any of the purposes prohibited in this section shall be punished by a civil infraction with a fine of not more than $500.00. Each day's failure of compliance with any provision of this section shall constitute a separate offense. (Ord. No. 168, § XIII(13.5), 9-17-2013)

Legal proceedings to enjoin the violation of any of the provisions of this article may be brought in any court of competent jurisdiction in the name of the Village of Mayville. Such action shall be taken only as authorized by the village council. (Ord. No. 168, § XIII(13.6), 9-17-2013) Secs. 70-107—70-115. - Reserved.

In accordance with the requirements set forth by the Michigan Department of Environmental Quality, the village adopts by reference the current version of, and future amendments to, the Water Cross Connection Rules of the Michigan Department of Environmental Quality. (Ord. No. 168, § XIV(14.1), 9-17-2013)

The authority to carry out and enforce a local cross connection control program will be in accordance with this article, any other amendments thereto and in accordance with the Cross Connection Rules Manual published by the Michigan Department of Environmental Quality. (Ord. No. 168, § XIV(14.2), 9-17-2013)

The village water system operator and/or his designated agent, or such other person designated by the village council, shall be responsible for making the initial cross connection inspections and re- inspections to check for the presence of cross connections with the system. Individuals responsible for carrying out the cross connection inspections and re-inspections shall have obtained necessary training through any available manuals on cross connection prevention including the Cross Connection Rules Manual published by the Michigan Department of Environmental Quality and attendance at any cross connection training sessions sponsored by the Michigan Department of Environmental Quality or other recognized agencies. (Ord. No. 168, § XIV(14.3), 9-17-2013)

The time allowed for correction or elimination of any cross connection found shall be as follows:

1. (1) Cross connections which pose an imminent and extreme hazard shall be disconnected immediately and so maintained until necessary protective devices or modifications are made.
2. (2) Cross connections which do not pose an imminent and extreme hazard to the system should be corrected within a reasonable period of time. A reasonable period of time allowed for correction may vary depending on the type of device necessary for protection. The village shall indicate to each customer where a cross connection is found to exist the time period allowed for compliance. (Ord. No. 168, § XIV(14.4), 9-17-2013)

Sufficient data to complete an annual report to the Michigan Department of Environmental Quality and to monitor the program adequately for village purposes shall be maintained by the village water department, or that person designated by the village so to do, and their responsible agents. An inspection form will be used during the initial inspection procedure and all re-inspections. Inspection forms will be used to monitor the status of the protective device as well as the test results reported by a qualified backflow tester. (Ord. No. 168, § XIV(14.5), 9-17-2013) Secs. 70-121—70-130. - Reserved.

It shall be the duty of the village to cause inspections to be made of all properties served by the system where cross connections with the system are deemed possible. The frequency of inspections and re- inspections, based on potential health hazards involved, shall be established by the village council and approved by the Michigan Department of Environmental Quality. (Ord. No. 168, § XV(15.1), 9-17-2013)

The village water system operator and/or his designated agent, or such other person designated by the village council, shall have the right to enter, at any reasonable time, any property served by a connection to the system for the purpose of inspecting the piping system or systems thereof for cross connections. On request, the owner, lessees or occupants of any property so served shall furnish to said representative any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross sections. (Ord. No. 168, § XV(15.2), 9-17-2013)

The village is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any cross connection in violation of this article exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the system. Water service to such property shall not be restored until the cross connection or connections have been eliminated in compliance with the provisions of this article. (Ord. No. 168, § XV(15.3), 9-17-2013)

The system's water shall be protected from possible contamination as specified by this article, the State Plumbing Code of the village as adopted and in conjunction with any acts of the Michigan Department of Environmental Quality. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the system must be labeled in a conspicuous manner as: "Water Unsafe for Drinking". (Ord. No. 168, § XV(15.4), 9-17-2013)

This article does not supersede the State Plumbing Code which had been adopted by reference as the plumbing code for the village, or any other ordinances that the village has adopted, but is supplementary to them. (Ord. No. 168, § XV(15.5), 9-17-2013)

Any person or other entity who violated any of the provisions of this article is responsible for a municipal civil infraction as defined by Michigan law and subject to civil fine determined in accordance with the following schedule: 1st violation within 3 -year period * ..... $150.00 2nd violation within 3 -year period* ..... $300.00 3rd violation within 3 -year period * ..... To be determined by the court *Determined on the basis of the date of violation(s). Additionally, the violation shall pay costs, which may include all direct or indirect expenses to which the village has put in connection with the violation. In no case, however, shall costs of less than $50.00 or more than $200.00 be ordered. A violator of this article shall also be subject to such additional sanctions, remedies, and judicial orders as are authorized under Michigan law. Each day a violation of the article continues to exist constitutes a separate violation. (Ord. No. 168, § XV(15.6), 9-17-2013) Secs. 70-137—70-240. - Reserved. [3]

Footnotes:

--- (3) --- State Law reference— Sewers and drains, MCL 67.24 et seq., MSA 5.1308 et seq.; sewerage systems, operation, construction and inspection, MCL 324.4101 et seq., MSA 13A.4101 et seq.; sewerage contracts between political subdivisions, MCL 123.231 et seq., MSA 5.2769(1) et seq.

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