At the September 19, 2018 Village Council meeting the Council approved a revised Water Ordinance September 2018 passed with corrections (Click on link to download the PDF)
Bear Lake News notes that the revision was discussed at several prior meetings, a copy of those drafts was requested and not provided. A copy of this document was not supplied in advance of the Council Meeting – as requested under the terms of our 6 month FOIA subscription. No community member has been able to submit comment. we have asked for all documents to be sent in a text readable word processing format. Any loss of formatting is as a result of OCR rendering of the supplied PDF.
VILLAGE OF BEAR LAKE WATER ORDINANCE
Ordinance No. 1 of 2018
THE VILLAGE OF BEAR LAKE ORDAINS:
ARTICLE I DEFINITIONS
Section 1 – Definitions: As use in this Ordinance,
“Building Pipe” means that part of the owner’s plumbing system which receives water from the service pipe, beginning at the owner’s property line.
“Corporation stopcock” means a shut-off valve installed in the water main immediately preceding where a service pipe connects to the water main.
“DPW Manager” means the Village employee hired as the Department of Public Works Manager.
“Debt Service” means the interest and principal payments required to repay monies borrowed to construct the waterworks system.
“Meter” or “Water Meter” means an instrument that automatically measures and registers the quantity of water consumed on a parcel of land served by the waterworks system.
“Owner” means the person holding the legal or equitable title to real property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, lessee or any other person, firm or corporation directly or indirectly in control of a building, structure or real property or his duly authorized agent.
“Person” means any individual, firm, trust, partnership, company, association, society, corporation, limited liability company, or other legal entity.
“Service Area” means any land in and around the Village which is serviced by the waterworks system.
“Service Pipe” means the pipe delivering water from the water main to the building pipe. “Tenant” means a person who leases property from an owner.
“Village” means the Village of Bear Lake, Michigan.
“Village Clerk” means the Clerk for the Village of Bear Lake.
“Village Treasurer” means the Treasurer for the Village of Bear Lake.
“Water Main” means a pipe owned or controlled by the Village located within a street right-of-way or other public easement used to carry water within the waterworks system to the service pipe for delivery to the water customer.
“Water Use Charge” means the fees billed to all customers attached to the waterworks system for support of the costs of the waterworks system. The water use charges supply funds to cover the costs of operation and maintenance, debt service, replacement and administrative services.
“Waterworks System” means all wells, pumps, facilities, water mains, service pipes, and other equipment owned by or under the jurisdiction of the Village for the collection, storage, purification, and distribution of water.
USE OF WATERWORKS REQUIRED
Section 1 – Private Water Wells Prohibited: Except as hereinafter provided, it shall be unlawful for an owner, occupant, or tenant of property to drill or maintain a private water well within the Village.
Section 2 – Mandatory Connection:
- The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the Village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a water main is hereby required at his or her expense to install suitable plumbing facilities therein, in accordance with the plumbing code then in effect and enforced within the Village and to connect such facilities directly with the waterworks system in accordance with the provisions of this Ordinance within ninety (90) days after the owner is required by the Manistee County Public Health Department to replace the water well servicing his or her property.
- Said notification and enforcement of this Section shall be in conformity with Article 12, Part 127 of the Public Health Code, being a part of Act 368 of the Public Acts of 1978.
CONNECTION TO WATERWORKS SYSTEM
Section 1 – Unlawful Procedure: It shall be unlawful for any unauthorized person or owner to uncover, excavate, tap into, make connections with or openings into, use, alter, or disturb any water main or service pipe or appurtenance thereof in any street, lane, or alley within the service area without first obtaining a written permit from the Village as herein provided.
Section 2 – Authorization: All connections with any water main or service pipe in the service area shall be made only pursuant to written permits issued by the Village. The owner or his agent shall make application on a special form furnished by an employee of the Village. The Village Council may, by separate resolution, provide for permit and inspection fees which shall be paid to the Village Treasurer or Village Clerk at the time the application is filed. Application is to be created and updated by the chair of the Council Water Committee.
Section 3 – Costs: All costs and expenses incurred as the result of the connection to the service pipe shall be borne by the owner of the property. The owner shall indemnify the Village from all loss or damage that may be caused by connection to the service pipe.
Section 4 – Plans and Specifications:
- All applicants for permits to connect to the waterworks system shall, when required, submit plans indicating where the building pipe will extend from the building receiving water service to where it will connect to the service pipe. The approval of a connection permit shall be contingent upon the availability of capacity in the waterworks system. When such plans have been approved by the Water Supervisor, he/she shall issue a waterworks connection permit,subject to final inspection and approval when construction is completed.
- Before the issuance of a waterworks connection permit, the Water Supervisor may require the applicant to submit a schedule for the construction of the waterworks connection outlining when various components of the project will be completed. If the Water Supervisor requires such a construction schedule, the timetables outlined in the schedule shall be maintained as a condition of the continued validity of the permit, unless extensions are granted in writing by the Water Supervisor for good cause shown.
- Final approval shall be subject to compliance with the local and state plumbing codes and all orders, rules and regulations of the Manistee County and Michigan Departments of Public Health.
Section 5 – Connection Requirements:
- All connections to a water main shall be made with service pipes either installed by employees of the Village Department of Public Works or by a contractor hired by the owner with the written consent of the DPW Manager. Any service pipe installed by a contractor authorized under this section shall be laid under the direction and supervision of the DPW Manager. All work for the purpose of making connections to a water main shall be done in compliance with the rules, regulations and codes governing plumbing in the Village and in accordance with the laws of Michigan relative thereto.
- The cost of all service pipes three-fourths (3/4”) one (1″) inch in diameter or less shall be borne by the Village. If an owner desires a service pipe larger than three-fourth (3/4″) inch in diameter, the owner shall pay the Village the difference in actual costs to install the larger service pipe and associated equipment.
- A separate and independent service pipe shall be provided for every building receiving water service; provided, however, where water service is intended to supply more than one building under the same ownership and on the same lot, the service pipe to one building may be used to provide water service to the other building(s) and the whole considered as one connection.
- The size, slope, alignment, and materials of construction for a service pipe, and the methods to be used in excavating the trench, placing, jointing, and testing the pipe, and backfilling the trench shall all conform to the requirements of this Ordinance and the local and the state plumbing codes.
Section 6 – Cross Connections Prohibited: The Water Supply Cross-Connection Rules of the Michigan Department of Environmental Quality, being R 325.11401 to R 325.11407 of the Michigan Administrative Code, in effect at the time this Ordinance is enacted are hereby adopted by reference.
Section 7 – Installation of Meters Required: All new buildings connected to the waterworks system shall be equipped with meters installed inside the building, but capable of being read by employees of the Village Water Department from outside the building. However, where employees of the Village Water Department have been unable to make a meter reading for two consecutive billing periods, the Village shall have the right to access the property under Article IX, Section 3 of this Ordinance to read the meter, or to install a meter capable of being read by employees of the Village Water Department from outside the building and to charge the owner of the property the actual cost incurred in installing the meter. All meters installed shall be purchased from the Village at a cost to be established by resolution of the Village Council.
Section 8 – Connections for Purpose of Fire Prevention: The owner or occupant of any manufacturing establishment, lumberyard, warehouse, elevator, store, hotel, school, or any public building desiring to install large pipes with hydrant and hose couplings to be used only in case of fire may connect to a water main under the terms and conditions of this Article and after obtaining a permit from the DPW Manager.
Section 9 – Inspection: When an authorized contractor installs the service pipe under Section 5(a), the person to whom a waterworks connection permit was issued shall notify the Village Water Supervisor or his/her designee when the service pipe is ready for inspection. In addition, the person to whom a waterworks connection permit was issued shall notify the Village Water Supervisor or his/her designee when the installed water meter is ready for inspection. The Water Supervisor or his/her designee shall then inspect the service pipe and/or water meter and if such installations meet the requirements of this Ordinance, the excavation may be backfilled.
Section 10 – New Use of Existing Service Pipes: Existing service pipes may be used in connection with new buildings only when they are found, by the DPW Manager to meet all requirements of this Ordinance.
Section 11 – Maintenance: The owner of property connected to the waterworks system is responsible for the maintenance of the building pipe. The cost of all repairs, maintenance and replacements of existing building pipes and their connection to the service pipes shall be borne by the property owner. Before making any repairs or replacements or conducting any maintenance on the building pipe, the owner shall contact the DPW Manager. All work performed, including the qualifications of the person performing the work, shall fully comply with the requirements of this Ordinance.
Section 12 – Excavation in Public Streets and Alleys:
- Whenever a person desires to do any excavating in any of the streets, lanes or alleys of the service area for the purpose of connecting to the waterworks system, a permit for such excavation shall be obtained from the DPW Manager. The Village Council may from time to time by separate resolution establish a non- refundable administrative fee for processing the excavation permit. The permit shall be non-transferrable. The person employed to make the connection to the waterworks system shall hold a plumbing license in accordance with state and local codes. The qualifications of the persons employed to do work shall be verified at the time of application. A person who is authorized to excavate pursuant to the permit shall furnish a bond to the Village in an amount acceptable to the Village Council taking into account the nature and extent of the excavation and in a form acceptable to the Village Attorney, conditioned on the faithful performance of the requirements of all the Village ordinances relative thereto.
- All expenses for work done by the employees of the Village Department of Public Works or their contractors shall be borne by the person to whom the excavation permit is issued. Applications for excavations in paved streets shall state the maximum size of the opening to be made in the pavement and the length of time desired to do such work.
Section 13 – Backfill Requirements: When connections to the waterworks system are made in any street or alley, the earth and other debris excavated for this purpose shall be removed from the street or alley and the trench backfilled with sand or gravel in layers not to exceed eight inches in thickness. Each layer shall be thoroughly and solidly packed in place. The backfill shall be finished to the same grade as the original surface. Where the existing roadway is cindered or graveled, the final eight inches of the backfill shall be made with gravel. Where the existing roadway is paved, the person charged with the duty of backfilling shall re-pave the trench to the same grade as the original pavement under the supervision of the DPW Manager no less than thirty (30) days and no more than sixty (60) days after the backfill is placed. The person charged with the duty of constructing or installing said underground work and backfilling shall be required to make frequent inspections of all trenches for which they are responsible and to maintain the same as herein provided. In case of failure to maintain trenches and backfill in such condition, the Village is authorized by this Ordinance to make the necessary repairs and charge the total cost against the person responsible for the same. For the purpose of the sand or gravel backfill as required herein, the excavated material shall not be used except after securing written permission from the DPW Manager.
Section 14 – Time Limit on Open Trench: The person, or owner causing any excavation or trench to be made in any public street or alley in the service area shall be required to backfill and replace the trench as herein provided within a period of three (3) days, after the work of excavating has been started, unless written permission is granted by the DPW Manager to allow the trench to be open for a longer period of time. In case of the failure to promptly refill any trenches within a period of three (3) days, the Village shall have the right to cause the same to be refilled, and the expense shall be charged against the person, or owner responsible for backfilling.
Section 15 – Barricade Requirements: Every person digging or causing to be dug any trench in any public street or alley, for the purpose of connecting to the waterworks system shall place or cause to be placed and maintained at and along such trench, proper signals, colored lights and barricades to give warning and prevent accidents, but in no case shall a trench be dug so as to entirely block any street for travel, without the consent of the DPW Manager. All barricading shall be done in accordance with the Manistee County Road Commission requirements. In case of the failure to properly barricade or light such excavations or trenches, the Village is authorized to cause the same to be lighted or barricaded and the expense thereof shall be charged against the person responsible for the opening. It shall not be necessary for the Village to notify the person responsible for such trenches in public streets or alleys, before undertaking any such work which is necessary for the safety and convenience of the public. The failure on the part of persons installing such trenches to promptly pay all bills incurred by the
Village doing such work shall be grounds for refusing to issue further permits for excavations in the streets.
Section 16 – Work on Private Property: Excavation and backfill for service pipes on private property may be made by the owner. Connections to and installation of service pipes on private property may be made by the owner; however, no backfill shall be placed until the service pipe has been inspected and approved by the Water Supervisor or his/her designee. All excavation, backfilling, connections and installations shall be made in accordance with the requirements of this Article.
Section 17 – Permit Information: The Village Clerk and the Water Supervisor shall keep records of all permits granted under authority of this Ordinance which shall include the names of the applicant and contractor, the location of the work, the place in the street where the excavation is to be made, and the purpose for which the permit is issued.
Such records shall be retained at the Village Office.
Section 18 – Village Water Service Outside Village Limits: The owner of property located outside the Village limits may connect to the Village waterworks system only if authorized by the Village Council and if permission is granted by the township in which the property is located, if said permission is required. No property outside the Village limits has the right to connect to the Village waterworks system even if other nearby property is being serviced by the waterworks system. The Village may, but is not obligated to require property outside the Village limits to either annex to the Village or be subject to an agreement under Act 425 of 1984, as amended, or a similar statute, before connecting to the Village waterworks system. The Village and or it’s designee shall conduct a water system impact assessment study prior to any decision at the expense of the property owner.
WATER USE REGULATIONS
Section 1 – Water Use Restrictions: The owner, occupant, or tenant of any building or premises entitled to the use of water from the waterworks system shall not supply water to any other person except upon written permission of the Village DPW Manager, nor shall he or she permit unnecessary waste of water.
Section 2 – Conservation During Emergency or Drought: Whenever, in the discretion of the Water Supervisor an emergency or drought condition exists such that the public health, safety and general welfare of the people is endangered, the Water Supervisor & Village President shall prescribe rules and regulations to conserve the water supply during such emergency or drought condition.
ARTICLE V EXTENSION OF WATER MAINS
Section 1 – Application: The owner of any property in the Village may connect to the waterworks system pursuant to the provisions of this Article contingent upon the availability of capacity in the waterworks system. An owner who desires to connect to the waterworks system shall file an application for water service extension with the
Village Clerk DPW Manager and pay a non-refundable fee to be established by resolution of the Village Council. This fee shall be used by the Village to obtain the initial cost estimates to construct the proposed water service extension. This fee shall be applied to the cost of the extension if actually constructed or retained by the Village if the applicant decides to abandon the plan for the extension. Fee to be paid to the Village Treasurer.
Section 2 – Water Service Extensions; Options; Standards: When extending water service to an individual property owner or group of property owners, the Water Supervisor may extend such water service through use of a service pipe connection to an existing water main or through an extension of a water main. In exercising the discretion granted in this section, the Water Supervisor shall consider the following factors:
- Whether other property in the surrounding area is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that other connections to the waterworks system may be needed in the future.
- Whether there is other property capable of development in terms of topography, wetlands, and zoning ordinance requirements beyond the property intended to be serviced by the requested water service extension such that it is reasonable to anticipate that an extended water main would be further extended to provide water service to that other property or further extended to tie into the waterworks system at another location.
- Whether the distance of the water service extension or the elevated terrain over which the extended water service must travel reasonably requires a water main.
- Whether there is a need for fire protection through the installation of a fire hydrant in the area to be served by the water service extension.
Section 3 – Village Water Service Outside Village limits: The owner of property located outside the Village limits may connect to the waterworks system only pursuant to the requirements of Article III, Section 18 of this Ordinance.
Section 4 – Route of Water Service Extensions: The route of any water service extension shall be within the rights-of-way of public streets and alleys or within public utility easements granted to and approved by the Village across private property. All excavation and other work performed within the rights-of-way of these public streets and alleys shall comply with the requirements of Article III of this Ordinance.
Section 5 – Cost of Water Service Extensions:
- As soon as possible after receiving the water service extension application fee required under Section 1 above, the Water Supervisor shall notify the property owner in writing how the water service extension will be provided and shall provide the property owner with a written estimate of the approximate cost of the water service extension. The property owner shall then have ninety (90) days to inform the Water Supervisor whether he or she desires to proceed with the water service extension and to pay the costs of the water service extension required under subsections (b) or (c) below. If the property owner fails to inform the Water Supervisor regarding his or her intent within this ninety (90) day period, this inaction shall be deemed a decision to abandon the plans for a water service extension.
- If a water service extension is provided through use of a service pipe connection to an existing water main, the Village shall be responsible for the costs of providing a service pipe no more than sixty-six (66′) feet in length. The property owner requesting the extension shall be responsible for paying all costs of the water service extension beyond sixty-six (66′) feet. The property owner shall not be entitled to reimbursement of any of these costs. A water service extension through use of a service pipe connection to an existing water main shall comply with all requirements of Article III of this Ordinance.
- If a water service extension is provided through the extension of a water main, the property owner requesting the extension shall pay to the Village the amount of the estimated costs of the water main extension. Upon receipt of this payment, the Village shall begin and complete the water main extension as requested by the property owner. If the actual cost to extend the water main exceeds the estimated costs paid, the property owner shall pay the Village the additional costs within thirty (30) days of receiving a written statement specifying those additional costs. If the actual cost to extend the water main is less than the estimated costs paid, the Village shall refund the difference to the property owner within thirty (30) days of the completion of the project. The property owner requesting the extension shall be entitled to reimbursement pursuant to Sections 7 and 8 below of a portion of the actual costs paid in extending the water main.
Section 6 – Special Assessments: In certain instances the Village, by a majority vote of the entire Village Council, may elect to extend water mains and finance the project by use of a special assessment district. The charge to be assessed each property owner
benefitted and served shall be calculated based on a formula as determined by the Village Council. The charge to each benefitted property owner served shall be assessed at the time of project completion and shall be paid as specified by theVillage. The charge shall bear interest at the rate of seven percent (7%) per annum, compounded annually, accruing from the date of project completion to the date of payment.
Section 7 – Additional Users:
- The owners of property located between a water main prior to any extension and the property to be initially serviced by the water main extension (including the property across the street, alley, or public utility easement within which the water main extension is located) may tap into or make use of the extended water main by paying to the Village Treasurer a water extension fee equal to the proportionate share of the total cost of extending the water main plus any interest provided in subsection (b) below. For purposes of this section, the proportionate share of the cost of extending the water main shall be calculated by the Water Supervisor pursuant to the following formula:
[Actual Cost Paid Under § 5(c) ÷ (Total Street Frontage of Other Property Capable of Development and Connection to the Extended Water Main*)] x (Total Street Frontage of Parcel Connecting to the Extended Water Main)
*A property is deemed capable of development and connection to the extended water main if that property is capable of development in terms of topography, wetlands, and zoning ordinance requirements such that it is reasonable to anticipate that connections to the extended water main may be made in the future.
The proportionate share of the cost of extending the water main shall be increased by seven (7%) percent per annum (compounded annually) commencing one (1) year after the actual cost paid under Section 5(c) above by the property owner who initially requested the water main extension; provided, however, that this increase shall not extend for a period of more than five (5) years.
Section 8 – Reimbursement to Original Property Owner: Upon receipt of any payment under Section 7(a) above, the
Village Clerk Treasurer shall be notified by the Water Supervisor to pay that amount forthwith to the property owner who paid the initial actual costs of the water main extension pursuant to Section 5(c) above. If the property owner who paid the initial costs of the water main extension is deceased, the payments received shall be paid to his or her personal representative or to other persons who by law would be entitled to inherit his or her estate as may be determined by a court of competent jurisdiction. If the property owner who paid the initial costs of the water main extension cannot be found, or if no claim is made for reimbursement for a period of one (1) year from the date that payments under Section 7(a) have been received by the Village Clerk Treasurer, the reimbursement under this section shall be deemed to have been waived and all monies so received shall be turned over and become a part of the Village water fund.
CHARGES FOR WATER SERVICES
Section 1 – Public Utility:
- The operation and maintenance of the waterworks system shall be on a public utility basis in accordance with applicable federal regulations and the provisions of Act 94, Public Acts of Michigan, 1933, as amended.
- The waterworks system shall be operated on the basis of an operating year commencing on March 1 and ending on the last day of the following February.
Section 2 – User Charges – Purposes, Basis and Rates:
- The owners, occupants, or tenants, of all property connected to the waterworks system, either directly or indirectly, shall pay user charges beginning on the date of the connection.
- User charges will be established by resolution of the Village Council for the purpose of:
- Recovering the costs of operation, maintenance and replacement of the waterworks system;
- Partial debt repayment (debt service).
- User charges for water service furnished by the waterworks system shall be based on the quantity of water used as measured by meters installed on the property and shall be billed pursuant to Section 7 below per 1,000 gallons of water consumed above the amount allotted to each user. The minimum water bill per
monthquarter shall be no less than the amount of the monthlyquarterly ready to serve charge as established by resolution of the Village Council.
Section 3 – Tap-in Fees and Charges: In addition to user charges, the Village Council shall by separate resolution establish charges for the privilege of connecting to the waterworks system. Such fees shall include the costs of all water meters and the costs of tapping the water main, installing the corporation stopcock, furnishing and laying the service pipe, and installing corporation stopcock and shutoff boxes. The charges, however, shall exclude the costs of road cuts, sidewalks, and re-paving. The water meters and all such materials shall be and remain the property of the Village. Any services or connections performed between November 1 and May 1 each year shall be subject to additional costs as may be determined by resolution of the Village Council.
Section 4 – Other Fees and Charges: The Village Council shall by separate resolution establish the fees to be charged for water meters and other services performed under this Ordinance.
Section 5 – No free service: No free water service shall be furnished to the Village, to any person, or to any public or private agency.
The Village shall pay to the waterworks system an annual hydrant rental charge for each fire hydrant located within the Village in such amount as shall be determined by resolution of the Village Council.
Section 6 – Review of Rates: The adequacy of the user charges shall be reviewed annually by certified public accountants for the Village in their bi- annual audit report. The user charges shall be revised periodically to reflect a change in debt service or a change in operation, maintenance and replacement costs in accordance with applicable federal regulations. The Water Supervisor is to notify the Village Council in writing of any needed changed in fee structure.
Section 7 – Bills: Bills for user charges shall be rendered
monthly quarterly and shall be payable without penalty within ten (10) Twenty (20) days after the date thereon.
Payments received after such period shall bear a late fee as established by resolution of the Village Council.
Section 8 – Meter Testing: A user may require a water meter to be tested, if the meter is found to be accurate a charge equal to all costs of labor during testing shall be made. If the meter is found to be defective, it shall be repaired or replaced at no charge to the property owner.
8 9 – Separate Waterworks Funds: All funds of the waterworks system shall be kept separate from other funds of the Village, and an accurate, separate record shall be kept of all receipts to and disbursements from the waterworks fund.
ARTICLE VII PROTECTION FROM DAMAGES
Section 1 – Prohibited Acts; Penalty: No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the waterworks system. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Damage to Water Meter; Liability: Any damage to a water meter resulting from the failure of the owner, occupant, or tenant to properly protect that meter shall be assessed against such owner, occupant, or tenant. In addition, any person violating any of the provisions of this Ordinance shall be liable to the Village for any expense, loss, or damage incurred by the Village by reason of such violation.
Section 3 – Curb Stops; Liability: Curb stops are Village of Bear Lake Property and as such shall only be operated by authorized Village DPW personnel. Any unauthorized use or tampering with curb stop will result in penalties to the property owner as determined by Village Council. Water billing will continue unless curb stop is officially shut off by the Village. Any person violating any of the provisions of this Ordinance shall be liable to the Village for any expense, loss, or damage incurred by the Village by reason of such violation.
Section 4 – Hydrant Use; Liability: No person shall open or use any fire hydrant connected with the Village of Bear Lake’s water supply unless duly authorized by the Village Council. In addition, any person violating any of the provisions of this Ordinance shall be liable to the Village for any expense, loss, or damage incurred by the Village by reason of such violation.
PROTECTION OF POTABLE WATER SUPPLY
Section 1 – Prohibited Acts; Penalty: No person shall introduce any chemical, biological, or other substance into the waterworks system with the intent to cause physical harm to any person or animal or with the intent to cause the water supply to be unfit for human or animal consumption under applicable state and/or federal safe drinking water standards. Any person violating this provision shall be guilty of a misdemeanor punishable by ninety (90) days in the county jail and/or a fine of Five Hundred ($500.00) Dollars.
Section 2 – Monitoring of Water Quality; Corrective Action: The Village Water Department shall regularly monitor and test the water within the waterworks system for the purpose of detecting water contamination and to ensure that the water continues to meet all applicable state and federal safe drinking water standards. If water contamination is detected, the Water Supervisor shall take whatever action is necessary and proper to protect the health, safety and general welfare of the public, including but not limited to, issuing public warnings and directives concerning the safety of the drinking water, flushing the waterworks system to rid the system of the contamination, and/or introducing chlorine or other substances into the waterworks system in full compliance with all applicable state and federal regulation to eliminate the contamination.
ARTICLE IX ENFORCEMENT
Section 1 – Enforcement:
- The charges and rates for water services authorized under the provisions of Section 21 of Act 94 of the Public Acts of 1933, as amended, shall constitute a lien on all premises served thereby whenever any such charges or rates shall be delinquent for six (6) months or more.
unless notice is given that a tenant is responsible for the payment of all such charges and rates.On April 1st of each year, The Village ClerkTreasurer shall certify to the tax assessing officers for the Village,Manistee County Treasurer the fact of such delinquency, whereupon such delinquent charges and rates shall be entered upon the next tax roll as charges against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises; provided, however, where notice is given that a tenant is responsible for such charges and service as provided by Section 21 of Act 94 of the Public Acts of 1933, as amended, no further service shall be rendered to such premises until a cash deposit in an amount established by the Village Council shall have been made as security for payment of such charges and service.
- In addition, the Village shall have the right to shut off water service to any user for whom charges for water service are two (2) payments delinquent or when any connection is found to be in violation of any provision of this Ordinance. Before shutting off water service, the Village
ClerkTreasurer shall send written notice by first class mail of the Village’s intent to terminate water service to the owner of the premises served orand to the tenant in possession where a notice is given that the tenant is responsible for such charges and serviceif applicable. If water service is shut off pursuant to this section, such service shall not be reestablished until all delinquent charges and penalties and a turn-on charge, to be specified by resolution of the Village Council, have been paid or the unlawful connection is eliminated. Further, such charges and penalties may be recovered by the Village by court action.
Section 2 – Disruption of Water Service; Village not Liable: The Village shall not be liable for any failure or deficiency in the water supply to consumers whether occasioned by shutting off the water to make necessary repairs or connections or for any other cause.
Section 3 – Access to Property: Authorized employees of the Village
Water Department of Public Works shall have the right to enter at all reasonable hours upon any property connected to the waterworks system for the purpose of reading water meters and inspecting the piping and fixtures connected with the waterworks system. Village representatives may exercise this right to inspection by consent of the person having the right to possession of the building or structure or any part thereof, or by administrative search warrant. If defective pipes or fixtures are noted or illegal cross connections observed, the owner or occupant of the property shall repair, remove or replace the defective pipes or fixtures or disconnect the illegal cross connection. Any person refusing or neglecting to take such action, entrance onto said property shall be deemed in violation of this Ordinance.
Section 4 – Violations; Penalties: Except as provided in Article VII, Section 1 and Article VIII, Section 1, any person who violates any provision of this Ordinance shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to a fine of not more than Five Hundred and 00/100 ($500.00) Dollars. Each day in which any such violation shall continue shall be deemed a separate offense. The Village President and/or other persons designated by the Village Council are hereby designated as an authorized Village officials to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court. In addition, the Village shall have the right to bring a civil lawsuit to enforce the provisions of this Ordinance, including an action for injunctive relief to enjoin continued violations of the Ordinance.
ARTICLE X MISCELLANEOUS PROVISIONS
Section 1 – Repeal of Prior Water Ordinances: All prior water ordinances enacted by the Village and all amendments or those prior ordinances are hereby repealed in their entirety.
Section 2 – Severability: If any section, provision or clause of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect any remaining portions or application of this Ordinance which can be given effect without the invalid portion or application.
Section 3 – Effective Date: This Ordinance shall become effective twenty (20) days after its enactment.
Ordinance No. 1 was adopted on the 19th day of September , 2018, by the Bear Lake Village Council as follows:
Motion by: Bass Seconded by: McPherson
Yeas: Bass, Evans, Johnson, McPherson, Ronning, Ware, Bair Nays: None
Cindi McPherson. Jeff Bair
Cindi McPherson, Clerk Jeff Bair, President
I certify that this is a true copy of Ordinance No. 1- 2018 that was adopted at a regular meeting of the Bear Lake Village Council on 19 of September, 2018 and that a summary was published in the Manistee News Advocate on 28 September, 2018 ,2018.
Dated: 19 September 2018
Cindi McPherson, Clerk