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HomeMy Public PortalAboutOrdinances-2015-368w e CITYrOF TIFFIN ORDINANCE NO.?2015-368 # .b AN, ORDINANCE TO AMEND THE MUNICIPAL -CODE OF TIFFIN, IOWA, `CHAPTER 90,' WATER SERVICE SYSTEM, TO REQUIRE' CONNECTION TO THE. PUBLIC WATER SYSTEM, REPAIR _SERVICE LINES, AND ABANDONMENT OF WELLS IN COMPLIANCE WITH STATE LAW 'BE IT ENACTED by the City Council of the City,of Tiffin, Iowa: Section I. "P ose: The purpose of this ordinance is to preserve and improve the. safety, health, welfare, comfort and convenience of • its residents by amending Section 90.03, Code of 'Ordinances, to require connection to the public water system; amending Section „90.12 to require prompt repair of water service pipe and allow for the turning off of water; and amending Section 90.19. to _require connection` to the public water system and abandonment of existing private wells in compliance? with state law. t Section II. Amendment: Sections 90.03, 90.12 and 90.19 of Chapter 90 are hereby amended as follows: CHAPTER 90 a a WATER SERVICE SYSTEM 90.03 MANDATORY CONNECTIONS. All residences and business establishments,within the,City limits, intended -or used for human habitation,,occupancy or use shall be. connected to ' the -public water , system, if a City water main abuts the property line by either right-of-way or easement. In case the owners of the property shall fail to make the connections required in the _ manner and,within the time fixed by the City Council, the City Council may cause the same to be g made and the costs and expenses thereof assessed against the serviced -property. 90.12 FAILURE TO MAINTAIN. When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and"the owner'fails to correct such defect or nuisance the City may do so and assess the costs thereof to the.property. L Any.1eak. or other defect in the service line shall be promptly repaired by the owner. If not repaired promptly, the water may, after written notice to the owner, be turned off by the; City until such repairs have been made. 90.19 WELLS PROHIBITED: EXCEPTIONS. Privately owned and maintained wells inside the City are prohibited if a City water main abuts the property line by "either right-of-way or - easement. The City may require owners of existing private wells ,to connect to a city owned distribution water main if a City water main abuts the property line by either right-of-way or easement. Such connection shall be made within ninety (90) calendar days after official notice to r a k do so. The owner of,the property,on which the -we'll or water system is located shall cause all ` service lines that furnish' water to a residence from the well to be permanently cut of£ The existing private,well may continue to be used for purposes that do not include providing water to the residence,, provided that it isnot connected by any means to the City. water system, and no _ water'ffom the well is, allowed,to enter the City sanitary sewer system. However, if required, the existing well must be abandoned as required by_state'law. New wells may be sunk if the Council certifies to a property owner that the City is not prepared to provide water service within a reasonable time after the application is made for the'service. A property owner may petition the Council for approval -of a well' constructed and used for non -potable purposes, and the `Council may grant such an exception if it finds the well is not intended for residential or commercial use and it is otherwise in the best interest of the City to grant such an exception. The City shall refer all applications for such exceptions to the City Engineer for review and comment. The property owner shall remain liable for meeting all other applicable State and County regulations and laws governing the location and operation of wells. < Section III.,Repealer. All ordinances or parts of ordinance in conflict with the provisions *of this Ordinance -are hereby repealed. Section IV. Severability Clause. If any section; provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not ` affect the validity of the ordinance as a"whole or, any section, provision or part thereof not adjudged invalid or unconstitutional. Section V. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. { On the 11`h day of February 2015, ata-regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Ryan introduced Ordinance No. 2015-368, and moved that it be given'. its first reading. The'motion was seconded by Councilperson Kahler: Ayes: IZ-aliler, Ryan, Bartels, Upton Nays: NONE ' Four members of the Council being present and having voted "Aye", Mayor Steve. f Berner declared the motion`cakned, and Ordinance No. 2015-368, was read the'first time., discussed, and placed on record. { On the 25 day of February 2015, at a regular/special meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2015-368, and moved that it be -given its second reading. The motion was seconded by Councilperson Ryan. Ayes: Upton, Bartels, Havens, Kahler, Ryan Nays: None i y b 13 4 Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2015-368, was read the second time and' discussed and placed on record. ` " r r On the -11th day of -March 2015, ata regular meeting of the Tiffin City,Council, Tiffin, Iowa, Councilperson Upton introduced Ordinance No. 2015-368, and moved that`it be given its third and last reading. The motion was seconded -by Councilperson Ryan. Ayes: Upton, Bartels, Havens, Kahler, Ryan { Nayes: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. F $ 4 Whereupon the Mayor declared that Ordinance No. 2015-368 be adopted and signified his approval of same by fixing his signature thereto. Passed by+the Council on the 11th day of March 2015 and approved by the Mayor on the 11th day of March '2015. 1 1 , CITY OF TIFFIN, IOWA: By: STEVE BERNER, Mayor 4ATTEST. h TIM LON In e ' ity Administrator/Clerk ` I., Tim'Long, Interim City Administrator/Clerk of the City ,of Tiffin, Iowa, state that' an ordinance' entitled AN .ORDINANCE TO AMEND THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 90, WATER SERVICE SYSTEM, TO REQUIRE CONNECTION TO THE PUBLIC WATER SYSTEM, REPAIR SERVICE LINES, AND ABANDONMENT OF WELLS IN COMPLIANCE WITH STATE LAW and known as No. 2015-368 was duly passed by the Council on the 11th day4of March 2015, and signed by the Mayor on the 13th day of March 2015 and published on the 13th day of March 2015, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2015 — 368 in the following places:,, r r x I 1 1 F i B ' i t { 9 { e The Depot, Tiffin, Iowa ' f Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa ' . f r City Admi* trato rk f ` i f � f t f ' t 6 i J � • { f j f .•a � d Y Y - r 6 r • c 7 ' e • W P '