HomeMy Public PortalAboutOrd. 632 - Water & Sewer Chapter Revision. ti
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ORDINANCE NO.632
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE CITY WATER AND
SEWER UTILITIES; DONOTING TITLE 6 OF THE McCALL CITY CODE AS "UTILITY
SERVICES"; REPEALING AND RE-ENACTING CHAPTERS 1 AND 4 OF TITLE 8 AS
CHAPTERS 1 "GENERAL PROVISIONS", CHAPTER 2 "WATER SERVICE", CHAPTER 3,
"SEWER SERVICE," AND CHAPTER 4 "CONTRACTS, BILLING AND COLLECTION", OF TITLE
6; PROVIDING THAT UTILITY SERVICE RATES AND CHARGES ARE TO BE SET BY
RESOLUTION OF THE COUNCIL; AND ENACTING AS PART THEREOF A NEW
REQUIREMENT THAT ALL WATER SERVICE CONNECTIONS BE METERED BY AN INSIDE -
THE -STRUCTURE METER WITH AN EXTERIOR REMOTE READ-OUT IN AN ACCESSIBLE
LOCATION; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS
FOLLOWS:
Section 1. Title 6 of the McCall City Code shall after this date be known by the title "Utility
Services" and shall in the fullness of time contain all provisions of the Code relating to water and
sewer services, and the billing and collection of rates with respect thereto.
Section 2. McCall City Code Title 8, Chapter 1, "Water"; and McCall City Code, Title 8,
Chapter 4, are repealed and re-enacted as set out in Section 3 of this Ordinance.
Section 3. McCall City Code, Title 6, "Utility Services" is amended by adding thereto
Chapter 1, "General Provisions", Chapter 2, "Water Service", Chapter 3, "Sewer Service", and
Chapter 4, "Billing and Collection", to read as follows (underlined matter being new, and lined -
through material being deleted, as compared with the City Code prior to this Ordinance):
TITLE VI
UTILITY SERVICES
CHAPTER 1
GENERAL PROVISIONS
SECTION:
5-1--1-61010: Definitions
8 4 15 6 1 020 Criminal Penalties
8-44-6-6 1 030 Civil Remedy
8 4 16A 6 1 040 Severability
8- 4-6 1 010: DEFINITIONS: The following words "Watemaster whenever
used in this chapter Titleand-the-wer—dater-Rate-Ceneeter� efever-used-in
shall be c-enstfuea to have the following meanings:
1. Public Works Director. T-the Watemaster Public Works Director of the City,
and -the
2 tx'ater Rate r elleeter City Treasurer. The City Treasurer of the City, or other
e€€eia}s-or-pefse duly des gnated-taperf the duties-ther aei
u1euJ 7ai�711
said City.
ORDINANCE NO.632, re Title 6, page 1 of 31
water & sewer services and billing for same; printed July 9,1993
3. The word "Person".
and -Includes any natural persons of eit er and also any other legal entity,
such as but not limited to associations, copartnerships, joint ventures, and
corporations, and a county and the State, ,
; Where an offense is
committed by a person who is not a natural person, the natural person(s) (if
any) who directed the commission of the offense. and the natural person(s)
physically performing the acts constituting the offense, are jointly and
severally subject to prosecution, rates, and penalties.
4. Premises. The building, or buildings, or part thereof, to which a utility service
is furnished, and the land associated with such building or buildings, also land
to which water service is provided whether or not a building is present: service
is provided to each dwelling unit as a separate connection, and to each
business or commercial unit as a separate connection.
5. Customer.
a. For all purposes. a person who has contracted with the City for utility
service: and
b. where a contract has not been entered into, those persons who are or
would be beneficiaries of the service, and thus ought to have executed
such a contract: and
c. for enforcement purposes, the owner of the premises, and the occupant
of the premises.
The singular includes the plural, and the
masculine, feminine and neuter pronoun-te-include each other.
8-4-146-1-020 CRIMINAL PENALTIES: A ,
violations of this-Offilfanee Title is shall be deemed guilty
of a misdemeanor punishable as prescribed in Title 5 of the McCall City Code.
cxceeding six (6) me e-fined-and-imprisoned:
8-4-1-6-6-1-030 CIVIL REMEDY: In addition to, and not exclusive of the criminal
remedy provided by this Ordinance, any person, firm, company , eerporation;
partnership -or association violating any of the provisions of this-Ordinanee Title
and by such violation causing the City additional costs to collect, transmit and
treat sewage produced within the City's sewer service area, or causing the City to
be subjected to civil penalties imposed by the State or Federal agencies, or
causing the City to lose, or jeopardize the holding of, any permit for the use of the
Payette River in conjunction with its sewerage treatment system shall be
subjected to the full remedies available to the City pursuant to State and Federal
law.
8-4-1-6A-6-1 -040 SEVERABILITY: If any one or more sections or provisions
of this Act Title, or the application thereof to any person, firm, corporation or
circumstance, shall ever be held by any court or competent jurisdiction to be
invalid, the remaining provisions of this Act Title and the application thereof to
ORDINANCE NO. 632, re Title 6, page 2 of 31
water & sewer services and billing for same; printed July 9, 1993
persons, firms, corporations or circumstances other than those to which it is held
to be invalid shall not be affected thereby, it being the intention of the City
Council to enact the remaining provisions of this -Ordinance Title notwithstanding
such invalidity. (Ord. 470, 12-7-83)
ORDINANCE NO.632, re Title 6, page 3 of 31
water & sewer services and billing for same; printed July 9, 1993
CHAPTER 2
WATER SERVICE
SECTION:
8 1 4A 6 2-010: Extension of Water Service
6-2-020 Required Connection
8 1 8 6 2-030: Separate Connection
8 1 7 6 2-040: Water From Other Sources
84-5-6 2 050: Water Main - Connection
8- 40-6 2 060: Connection
84-6-6 2-070: Extension of Connection
8-14-5-6 2 080: Connection - Private Installation
84-9-6 2-090: Connections - Specifications
8444-6 2 100: Connection - Private Specifications
8 46-6 2 110: Connection - Private - Inspection
8-4-33-6 2-120: Fire Protection Services -
8 -20-6 2-130: Unauthorized Connections - Misdemeanor
8 1 31 6 2-140: Unauthorized Connections - Penalty
84-26-6 2-150: Using Water From Other Connections - Misdemeanor
8 1 29 6 2-160: Returning Water to Mains Prohibited
8 1 12 6 2-170: Meter Required
8 1 13 6 2-180: Meter - Inspection and Report
84 35-6 2 190: Meters - Readings
84-36-6 2-200: Meters - General
84--37-6 2 210: Meters - Damage by Occupant - Repair
844-46 2 220: Plumbers - Compliance - Specifications
8-4-25-6 2-230: Water Turned Off During Fires -
Misdemeanor
84-28-6 2-240: Repairing Mains Without Notice
84- 27-6 2 250: Turning Water On Persons Prohibited
8-1-30-6 2-260: Waste Prohibited
84-49-6 2-270: Unlawful Practices
84-50-6 2-280: Fire Protection Services Obstructions
and Injuries
84-4A-6 2 010: EXTENSION OF WATER SERVICE: No water service shall
be extended to any lot that was not laid out and plated prior to July 1, 1988, and
which lot does not abut a street in which a City water main was installed prior to July
1, 1988, except that water mains may be extended through and connected to the City
water system in subdivisions platted, accepted and filed subsequent to August 1,
1991, if the following conditions are met:
(A) That the subdivision application include descriptions of the proposed
construction within the subdivision.
(B) That the City's Water system engineers shall evaluate the proposed main
extensions for sizes and a determination if the City's water system can support
the fireflow demands for the sizes and types of construction and fire exposure
within the intended subdivision.
(C) That the outcome of the evaluation is positive (i.e., that the City's water
system is projected to support, with adequate flows and pressures, the
proposed subdivision).
ORDINANCE NO.632, re Title 6, page 4 of 31
water & sewer services and billing for same; printed July 9,1993
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(D) That the cost of said evaluation is shall be borne by the applicant.
(E) That when a water line extension is permitted under the exception herein
provided, the applicant shall pay the costs for fire hydrant tests (evaluating
flow and pressure), recalibration of the City hydraulic model to incorporate
the new calibration data and "record drawings." (Ord. 586-A, 7-11-91, eff. 8-
1-91)
6-2-020 REQUIRED CONNECTION. Every premises located within 300 feet
of a City water main must connect to the City water system.
8-1-8-6 2 030: SEPARATE CONNECTION: Every separate premises
supplied with City water shall have its own separate connection with the City water
line and every separate premises not complying with this requirement shall be made
so to comply within six (6) months. It shall be unlawful for any person, whose
premises are supplied with City water, to furnish water to additional persons or
premises after six (6) months subsequent to the effective date of this Chapter.
8 1 7 6 2-040: WATER FROM OTHER SOURCES: No service connections
shall be allowed from the City mains to any premises supplied with water from any
other sources, unless it be shown that the City will receive reasonable return on its
investment and then only on special permission, in writing, by the Waterman er
Public Works Director, which permission shall be revocable at any time. No
connection, temporary or permanent, shall be permitted between the City water
supply system and any other source of water supply whatsoever.
8 1 5 6 2-050: WATER MAIN - CONNECTION: After receipt of a properly
filled out application_ under MCC 6-4-010, and of the executed contract under MCC
6-4-020, the .x'ater.naster Public Works Director shall cause the premises described in
the application, if the same abut upon a main, to be connected with the said main by a
service pipe extending at right angles from the main to the property line. Included in
such service connection thus constructed shall be a "City curb cock", placed within
the line of the street curb, and the said connection shall thereafter be maintained by
and remain the property of the City.
84446 2-060: CONNECTION: A standard service connection which shall be
supplied by the City to the consumer, shall be c-ens ruete,a te-be ene of three-quarter
inch (3/4") nominal internal diameter, extending from the main to the property line,
and including the necessary tap or shut off, tapping saddle, pipe, fittings, City curb
cock and curb box, meter and meter box where latter is necessary. Where connections
of greater capacity are required for any purpose, all excess costs of service shall be
charged to the consumer, and the sum paid into the working fund of the Water -Public
Works Department. (Ord. 539, 12-22-88; am. Ord. 607, 4-23-92)
8-1-6-6-2-070: EXTENSION OF CONNECTION: In case of application for
water service upon premises not abutting upon a City main, the City may lay its
service connection from the main toward the premises a distance equal to the distance
from the main to the property line at right angles therefrom, but in no case a distance
greater than forty feet (40'), and there permit connection to be made with a union to a
private water main laid and maintained by the owner of the premises desired to be
served; or, the City may, in the discretion of the Mayor and City Council, and upon
payment into the working fund of the Water -Public Works Department by the
applicant, of a sum sufficient to cover one-half (1/2) of the cost thereof, extend the
ORDINANCE NO.632, re Tide 6, page 5 of 31
water & sewer services and billing for same; printed July 9, 1993
J e_
service main toward the premises of the applicant along and beneath the street, alley
or highway of the City, but not elsewhere, to a total distance of not exceeding three
hundred feet (300'). The payment by the applicant of such portion of the cost of such
extension shall in no way vest in such person any ownership therein.
8-145-6 2 080: CONNECTION - PRIVATE INSTALLATION: If convinced
that he is properly equipped to safely do the work, so that the City is not likely to
suffer loss thereby, the Wale ""'aster Public Works Director may permit the owner of
any premises to make his own connections with a service connection, within the
property line, and -may shall require a-reasenable deposit to insure the character of the
work done; uc- ae„esit ~^t to o ee€ to della -^ (-$ n.nm an in the amount required
by resolution of the Council to be returned to the said owner upon the satisfactory
completion of the work.
8-1-9-6 2 090: CONNECTIONS - SPECIFICATIONS: All persons
connecting to the City owned service connection or laying their own private water
mains thereto are required to use approved galvanized standard pipe, up to and
including two inch (2") in nominal internal diameter, and cast iron water main
conforming to the specifications of the Watenn^ster Public Works Director in the
case of larger sizes. All such private lines shall be laid not less than four feet (4')
below the surface of the ground and an equal distance below the established grade of
any street where the grade has been established. If any such private main be laid in a
street or highway where no grade has been established, and such grade is established
at some later date, but no City water main is by that time constructed, the
`x'�. Amite Public Works Director may require the consumers using such private
main at the time to relay such private main in such manner as to protect it from frost
damage. (1959 Code)
8-4-41-6 2 100: CONNECTION - PRIVATE - SPECIFICATIONS: The
portion of all service connections provided by the consumer for private water mains
laid as permitted by this Chapter shall, before water is turned on thereto, conform in
all respects with the following requirements:
The pipes shall be so located and equipped that each supply to a separate building or
premises shall be controlled by separate stop -and -waste cock of approved type and
construction satisfactory to the Wilier Public Works Director, which stop shall
be properly protected against frost, have extension handle if necessary, and be so
placed as to completely drain all pipes and fixtures served thereby; or if sags or
depressions necessarily occur in such pipes, they shall each be provided with an
additional stop -and -waste cock or other suitable means for properly draining each and
every one of them. Where no fixture exists between the property line and the
basement or cellar of a building, the stop -and -waste cock may be placed within such
basement or cellar, provided such basement or cellar is not less that six feet (6') in
clear height, and is provided with adequate stairways or other suitable means of ready
access thereto; and provided further, that where such basement or cellar is enclosed
only with wooden walls, the said stop -and -waste cock shall be placed at least twelve
inches (12") below the surface or floor thereof, and provided with an extension
handle, and be properly protected against frost. Stop -and -waste cocks on premises
fronting on ungraded streets shall be placed at least six feet (6') inside the property
line of said premises. Connection between the privately owned lines or service
connections shall in all cases be made with a suitable union. Every existing service
connection or branch service not already equipped as required by this Section shall
forthwith be made to so conform at the expense of the owner. (1959 Code)
ORDINANCE NO.632, re Title 6, page 6 of 31
water & sewer services and billing for same; printed July 9,1993
:J
8 1 16 6 2-110: CONNECTION PRIVATE INSPECTION: Whenever the
owner of any premises connected with the City water supply system, shall desire to
use the water, he shall request the Wate D ate Celleeter City Treasurer to have the
water turned on and service begun.. The owner shall leave his portion of the trench
containing the service connection open until the same has been properly inspected,
and the water turned on, when he shall immediately and properly cover the said pipe.
All new construction and/or alterations, additions to existing facilities shall install and
maintain in good working order "water saving devices". Water closets using a
maximum of four (4) gallons per flush will be required and a shower head reduction
device for all showers will be required. (1959 Code)
8 1 33 6 2 120: FIRE PROTECTION SERVICES - SPECIFICATIONS: Any
property owner or tenant may install a fire protection service, which must receive the
approval of the �x'� Public Works Director, and no charge shall be made for
water actually used therein for fire extinguishment. The connection for such fire
service system shall be made outside of the meter installation, and between the meter
and the main, and any person who shall make or permit to be made any tap or
connection from a fire main for any other purpose, shall be -deemed guilty of a
misdemeanor. The Water -Public Works Department may at its discretion require all
outlets on such fire service system to be properly sealed, and if any such seal shall be
broken in use in fire extinguishment, it shall at once be reported to theater
Dew Public Works Director for re -sealing, for which a charge shall be made in
the amount set from time to time by the Council by resolution of ter eent 4( , 0) per
. If on inspection
unsealed and unreported outlets are discovered, there shall be assessed against the
owner or tenant thereof a penalty in the amount set from time to time by the Council
by resolution , or the water service to the
premises may be disconnecte .
8 1 20 6 2 130: UNAUTHORIZED CONNECTIONS - MISDEMEANOR:
When water has been shut off from any premises, either upon the application of the
owner thereof, or for nonpayment of water charges, or for any other cause, it shall be
a misdemeanor for any person again to connect such premises with the City water
supply system except when specifically authorized so to do by the Water aster
Public Works Director. The Waterreaster Public Works Director may cause the water
to be shut off at the main, or may remove a portion of the service connection in the
street. In addition to the penalty ' provided in the McCall City Code
for violations of its provisions, the eater -Public Works Department may charge to
and collect from the owner of the premises so illegally connected, the whole cost of
the disconnection and the reconnection, and a -the penalty in the amount set from time
to time by the City Council by resolution-ef *Mitt dell rs (e3n nm for shutting off
and turning on the water, the whole of such penalty and charges to be paid before the
water is again turned on. (Ord. 344, 10-6-75)
$-1-34-6 2 140: UNAUTHORIZED CONNECTIONS - PENALTY: If any
person shall make, procure or maintain any authorized connection between any City
water main and the meter appertaining to the service connection, such person shall be
deemed guilty of a misdemeanor. The water on such premises shall be shut off, and
shall not be again turned on until the best adjustment possible shall have been made
for the water so illegally consumed, insofar as the same can be approximately
determined, and the charges for such water, and all penalties incurred, have been fully
paid.
ORDINANCE NO.632, re Title 6, page 7 of 31
water & sewer services and billing for same; printed July 9,1993
$-1-26-6 2-150: USING WATER FROM OTHER CONNECTIONS -
MISDEMEANOR: Where water has been shut off from any premises for lack of
payment of charges or penalties, or for any other cause and the person occupying such
premises shall proceed to take water from any other premises connected with the
Village City water supply system, such person taking water, and any person
permitting such taking of water, will be deemed guilty of a misdemeanor.
8-1-29-6 2-160: RETURNING WATER TO MAINS PROHIBITED: No ice
machine or cold storage plant shall at any time be connected in any manner with the
City water supply system, so that water which has been used in any part of such
machine or plant will or may be returned after use into the City mains; all water so
used shall be at once discharged into the sewers or other approved place of disposal.
8-1-12-6 2 170: METER REQUIRED: All water service connections shall be
metered with a water meter interior to the structure on the lot with a remote electronic
read-out mounted on the exterior of the structure.
(A) The City shall install meters on all existing services not currently metered, and
relocate to the interior of the structure all existing meters not in the interior
. The owner of
the structure to which the service is connected shall permit City crews to enter
the premises for purposes of making the installation at a reasonable time
during. City working hours: any owner who fails to cooperate with the City in
this regard shall, at the option of the City, be subject to:
1. Disconnection of the service: or
2. Billing for the water service at twice the average bill for users
of the same class: or
3. City provision at the customer's expense of a meter exterior to
the structure.
In the event that the City provides such a meter exterior to the structure, the
customer shall be billed an additional charge each month equal to 115% of
1/12th of the excess of the annual cost estimated by the Public Works Director
of locating and reading that meter over the cost of locating and reading a read-
out or panel for an in-house meter installation, unless:
1. The customer provides a source of heat to the meter and the
connection from meter to structure, and
2. Permits installation of a remote read-out or data panel on the
structure.
(Bl All construction to which a service connection is made after the effective date
of this ordinance shall be equipped at owner's expense with
1. a water meter meeting City specifications located in a crawl space~
basement. or other interior freeze -protected location: and
2. a remote, electronic read-out or data collection panel also meeting City
specifications. located on the exterior of the structure in a location
which is accessible year-round.
ORDINANCE NO.632, re Title 6, page 8 of 31
water & sewer services and billing for same; printed July 9,1993
Such specifications shall be obtained from the Public Works Director, and
locations within and on the structure shall be subject to acceptance by the
City.
(C) The customer is responsible for maintenance of the freeze -protected character
of the in -structure meter, and for any damage to property resulting from the
effects on the meter of freezing or of cold weather.
(D) All water use connections or taps to the user service shall be drawn
downstream (on the user side) of the meter, including but not limited to lawn
irrigation. Existing taps on services positioned upstream of the meter shall be
modified at owner expense to comply with this paragraph.
(E) Cross connections are strictly prohibited, and any service with a cross
connection or potential cross connection shall be protected by a back -flow
prevention device acceptable to the Public Works Director.
(F) The foregoing to the apparent contrary notwithstanding, the water service
connection between the City curb cock and the interior of the structure is the
property of the owner of the real estate, and shall be maintained by that owner.
8 1 13 6 2-180: METER - INSPECTION AND REPORT: It shall be the duty
of the Watt master Public Works Director to report in writing to the--Water-Rate
Colley City Treasurer all premises inspected by him where City water is used or
about to be used within forty eight (48) hours after such inspection. Such report shall
contain the name of the owner, the house number of the premises and the street name,
and the name of the plumber performing the work. The-Watermaster Public Works
Director shall make sure that stop -and -waste cocks have been so placed as to
thoroughly drain all pipes and fixtures on any such premises.
84-35-6 2-190: METERS - READINGS: The Public Works Director eater
' , shall make monthly readings of water
meters t eef an However, during the months of October to March, inclusive, the
readings shall be made at the discretion of the Water aster Public Works Director,
. It shall be the
duty of the Wate,. n ate Cel eete City Treasurer to keep suitable accounts with all
consumers of water, a separate account for each separate service or premises, and to
enter therein all charges and penalties accrued.
8 36-6 2 200: METERS - GENERAL: All meters shall be and remain the
property of the City and shall not be removed from the service except for test or
repair, replacement or abandonment or discontinuance of the service. All meters shall
be so located and maintained as to be readily accessible at all reasonable hours for
reading, inspection or repair.
8 1 37 6 2-210: METERS - DAMAGE BY OCCUPANT - REPAIR: In cases
where a meter has been lost, injured or broken by or through the carelessness or
negligence of the owners or occupant of the premises served, such meter shall be
properly repaired or restored under the direction of the -T�epartment Public
Works Director, and the costs thereof shall be charged against the owner or occupant
of the premises. In case of nonpayment of such charges, the water shall be turned off,
ORDINANCE NO.632, re Tide 6, page 9 of 31
water & sewer services and billing for same; printed July 9,1993
and not turned on until the cost of repairs and the penalty for shutting off and turning
on water has been paid.
844-4-6 2-220: PLUMBERS - COMPLIANCE: No person other than licensed
plumbers and authorized City employees shall possess or use any street key for the
purpose of shutting off the City curb -cock, and all plumbers shall leave the said City
curb -cock shut off on all premises which are newly connected with the City water
supply system, and in the condition in which it was found in all other cases. On the
completion of his work, each plumber shall promptly report the same to the
W..to,.master Public Works Director. This shall not be construed to in any way
relieve any plumber from making the necessary applications, and from complying in
all respects with the other requirements of this Chapter. In case of the failure of any
plumber to properly conform to the requirements of this Chapter, th
Public Works Director may cause the same to be remedied, and shall cause the costs
of the same, together with any fees or penalties which may have accrued thereon, to
be charged to the property owner, and no water shall be turned into the water lines of
the said property until such costs and charges have been paid in full.
8-1-25-6 2 230: WATER TURNED OFF DURING FIRES: It shall be
unlawful for any person to use water for irrigating or sprinkling during the progress of
any fire in the City except for the protection of property from fire, and sprinkling
shall be immediately stopped when the fire alarm is sounded, and not be resumed
until the signal "fire out" is given.
8-4-28-6 2 240: REPAIRING MAINS WITHOUT NOTICE: The water may
be at any time shut off from any or all mains, without notice, for repairs or other
necessary purposes, and the City shall not be liable for any consequent damage.
Water for high pressure or other steam boilers shall not be drawn directly from the
City mains, but shall in all cases be fed into a suitable tank of sufficient capacity to
supply needed water for at least one-half (1/2) day. While water is temporarily shut
off from the mains, the hot water faucets of all premises should be kept open, to allow
steam to escape from the hot water boilers, and to prevent bursting or collapse of the
same. No person shall leave a house empty with the faucets open as above explained.
84-227-6 2 250: TURNING WATER ON PERSONS PROHIBITED: It shall
be unlawful for any person to willfully place or permit any automatic sprinkler
device, or willfully to place or hold any hose, in such position or manner that water
therefrom falls on any person while on any public street, alley, highway or sidewalk,
and the Water -Public Works Department may shut off the water of any person so
offending.
8 1 30 6 2 260: WASTE PROHIBITED: It shall be unlawful for any person to
waste water, or to allow it to be wasted by imperfect or leaking stop valves, check -
valves, faucets, pipes, fittings or fixtures or devices of any kind for the utilization and
control of water supply, or allow any faucet or valve to run wholly or partly open for
the prevention of freezing, or for any other reason, or to use the water for any purpose
other than those upon which his contract is based, or to use the water in any way in
violation of the provisions of this Chapter. In case of neglect or failure to comply
with these requirements for the proper maintenance of plumbing and fixtures, and the
proper use of water, the Water -Public Works Department may shut off the water until
proper repairs are made and the required penalty paid.
$- -49-6 2-270: UNLAWFUL PRACTICES: It shall be unlawful for any
person, except one duly authorized by the Water -Public Works Department or the Fire
ORDINANCE NO.632, re Tide 6, page 10 of 31
water & sewer services and billing for same; printed July 9, 1993
Department, to open, close, operate, turn on, turn off, interfere with, hose to or
connect anything with any fire hydrant, stand pipe, stop valve or stop -cock belonging
to the City. It shall be unlawful for any person to make any connection with any
water main or water pipe belonging to the City water supply system without due
authority first asked and obtained so to do.
84-50-6 2-280: FIRE PROTECTION SERVICES OBSTRUCTIONS AND
INJURIES: It shall be unlawful for any person to obstruct the ready access to any fire
hydrant by placing around or thereon any stone, brick, lumber, dirt or other material,
to draw or attempt to draw any water therefrom or to willfully or carelessly injure the
same. And in the event that any person shall, willfully, carelessly or otherwise, injure
or break any fire hydrant, street stand pipe, public drinking fountain or other device or
thing connected with the City water supply system, he shall at once report the
occurrence to the WateF-Public Works Department or police, with his name and
address, and shall give such undertaking as may be required of him that he will pay
the costs of the repairs or replacements thereto made necessary. Failure to so report
and accept responsibility for such injury is
deems a misdemeanor . (1964 Code)
ORDINANCE NO.632, re Title 6, page 11 of 31
water & sewer services and billing for same; printed July 9, 1993
CHAPTER 3
SEWER SERVICE
8 4 1 6 3 010 Sewer System within City; Sewer Connections Required;
Penalty.
8-4-5-6 3 020 Connection
8-4-4Ai6 3 030 Limitation on Hook-ups
8 4 13 6 3 040 Tap -ins or Hookups to the City of McCall Sewer System,
8-4-9-6 3 050 Septage Deposit or Dumping
8 4 10 6 3 060 Harmful Substances and Excessive_. Prohibited
Flows
8-444-6 3 070 Food Waste Disposal Units
8-442-6 3 080 Discharge of Industrial Wastes
8 4 14 6 3 090 Water Saving Devices
8 4 10A 6 3 100 Hearings and Appeals
8 4 1 6 3 010 SEWER SYSTEM WITHIN CITY; SEWER CONNECTIONS
REQUIRED; PENALTY.
(A) For the purpose of promoting health, safety and the general welfare of
McCall, a system for the collection, transmission and disposal of sanitary
sewage shall be constructed, extended, maintained, repaired, replaced,
operated and removed within the corporate limits of the City of McCall by
which to provide an adequate system for the collection, transmission and
disposal of sanitary sewage from domestic, commercial, industrial and
such other uses and purposes for which said system may be used.
(B) Every building, structure or other sewer user within the corporate limits of
the City shall be connected by a sewer service line to a public sewer line
or main line where such sewer line or main line is available and within
three hundred feet (300') of the property line of the lot, tract or parcel of
land on which such building or structure exists.
(C) No permit shall be issued for the construction of any building or structure
in the City on any lot, tract or parcel of land where there is a public sewer
line available and within three hundred feet (300') of such lot, tract or
parcel of land, unless the plans and specifications show connections in
compliance with this-9fdina ee Chapter.
Every building, structure or other use in existence prior to the construction
of public sewer line which is available and within three hundred fee (300')
of the lot, tract or parcel of land on which said building or structure stands
shall upon the construction of the public sewer line or main line, be
connected to said sewer not later than six (6) months from the date said
line or main is certified and accepted by the City Public Works Director as
being completed and ready for use.
(E) It shall be unlawful to occupy or use any building or structure in violation
of this-Ordinamee Chapter, and any violation of this-Ardinanee Chapter
shall be punishable as a misdemeanor.
(F) Every building or structure which lies outside of the City of McCall
corporate limits shall connect to the sanitary sewer where sewer service is
available and within three hundred feet (300') of the property line on
(D)
ORDINANCE NO.632, re Title 6, page 12 of 31
water & sewer services and billing for same; printed July 9,1993
which it is located. Connection to the sanitary sewer system by properties
outside the corporate limits shall be subject to approval by the City Public
Works Director and if warranted by the City Council of the City of
McCall. Consideration will be given to the existing volume of sewage
presently being deposited at the treatment facility.
All property outside of the corporate limits connecting to the City sewer
system shall be subject to all connection fees and monthly service charges
as provided in this-Ord:film:we Chapter. All such connections shall be
inspected by the City and shall comply with all applicable regulations and
provisions of the City of McCall City Code.
(G) Subsection 8-4-1(F) does not apply to buildings or structures within the
Payette Lakes Water and Sewer District (Ord. 562, 12-14-89)
8-4-6-6-3-020 CONNECTION. Before any connection shall be made to the City
sewer system a permit therefor shall be obtained from the City Clerk upon
payment of the fees provided in this Section and thereafter such connection to the
City sewer system shall be made the expense of the person desiring such
connection and the same shall be made under the supervision of the-C-ity Public
Works Director and such connection shall not be covered until final inspection
and approval by the City Public Works Director.
8,4-1-A:6 3 030 LIMITATION ON HOOK-UPS: In the event the McCall City Council
determines that the existing City sewer system, whether collection systems or
treatment facilities, are at or approaching their respective capacity limits such that
the issuance of additional service hook-up permits would lead to harmful
consequences to the general welfare of the City and its environs, the Council by
resolution shall limit the issuance of additional service hook-ups in a manner
designed to preclude such consequences until such time as additional capacity has
been developed. The precise limits, the manner of allocating same, and the
determination of when to impose or relax them shall be established by regulations
to be promulgated by the Council in conjunction with the imposition of any such
limitations. (Ord. 483, 8-20-84)
8 -4-13 6 3 040 TAP -INS OR HOOKUPS TO THE CITY OF MCCALL SEWER
SYSTEM, :
(A) General: The term tap -in or hookup shall be defined as a service
connection constructed from an existing sewer lateral, main or interceptor
sewer to the property line. Responsibility for construction and cost of the
tap -in or hookup shall be the property owners, whose property is being
connected to the public sewer system, or the person causing said
connection to be made. Upon completion and acceptance by the City, the
tap -in or hookup shall become a part of the public sewer system.
(B) Permit Required: It shall be a violation of this Section for any person to
construct or cause the construction of a tap -in or hookup without first
obtaining a tap -in or hookup permit from the City.
(C) Inspection: Prior to any work or alteration on a public sewer line as part of
a tap -in or hookup, the proposed tap -in or hookup must be inspected and
approved by the City Public Works Director. Request for inspection must
ORDINANCE NO.632, re Title 6, page 13 of 31
water & sewer services and billing for same; printed July 9,1993
(D)
be made to the City at least twenty four (24) hours prior to the proposed
tap -in or hookup.
Failure to Inspect: Should the applicant or his duly authorized agent
connect facilities to the sewer system without the facilities being inspected
and approved by the City, the party responsible for the connections shall
be required at his own expense to excavate the pipeline facilities
constructed and disconnect the tap -in or hookup from the sewer line, in
order that a proper inspection can be made, whereupon compliance with
Section 8-4-13(B) will be required if no permit has been previously issued.
(E) Construction Specifications: Construction of the tap -in or hookup shall
conform to the City's "sewer tap or hookup" specifications, available at the
McCall City Hall, and issued to the applicant at the time of permit
application. Only plumbers licensed in accordance with the laws of the
State of Idaho, shall be authorized to make the actual tap -in or hookup to
the City sewer line.
8-4-9-6 3 050 SEPTAGE DEPOSIT OR DUMPING:
(A) Prohibition Against Dumping: It shall be unlawful for any person, firm or
corporation to deposit, dump, place or leave septage, sewage or effluent
from any septic tank, cesspool or other private sewage disposal system
within the corporate limits of the City of McCall except at the McCall City
Treatment Plant.
(B) Who Can Dump: Only vehicles designed and constructed for the purpose of
transporting or hauling septage, sewage or effluent shall be allowed to
dump at the McCall City Treatment Plant. The vehicle shall be water and
air tight and be clearly marked with the gallonage of the holding tank. The
fee and exact sources of each load shall be recorded on a dumping ticket
provided by the City of McCall.
(C) Fee: The fee for dumping shall be set from time to time by the City
Council by resolution. ten-dellar-s-(41-0,00-)-per-ene-theusand-(4-3000)
gafle paeity-er-ae w-measurement=Tbe
). The City Treasurer
may require those regularly doing business with the City to pay a deposit
toward dumping fees, which deposit must be maintained with a positive
balance.
03)
Monitoring: The dumping of all septage shall be monitored by the plant
operator or his designate and samples may be taken during the discharge
into the system.
(E) Cleanup: The dumping area shall be left clean.
8-4-10 6 3 060 HARMFUL SUBSTANCES AND EXCESSIVE . PROHIBITED
FLOWS :
(A) For promoting health, safety and welfare and so no use or activity
endangers or inhibits the City of McCall sewer system, treatment plant,
and personnel; and so use and activity does not cause the City of McCall
ORDINANCE NO.632, re Title 6, page 14 of 31
water & sewer services and billing for same; printed July 9,1993
to violate the Federal Water Pollution Control Act, it shall be unlawful to
permit or cause flow of any of the following substances into the sanitary
sewer system:
1. Any grease, fatty materials, offal or garbage;
2. Any stone dust, sand, dirt, gravel, sawdust, metal fillings, broken
glass or any other material which may cause or create an
obstruction in the sewer;
3. Gasoline, benzene, fuel oil, phenols, cresols or any petroleum
products or volatile liquids, or any wastes which create a fire
explosion hazard;
4. Mild, or any liquid milk waste products, in quantities in excess of
53n (10) gallons during each twenty four (24) hour period;
5. Any cyanide, phenols or any other chemical or substance which
interferes with or prevents the functioning of the sewer system or
wastewater treatment facilities;
6. Paint or waste products from paint manufacturing;
7. Radioactive wastes;
8. Any material from cesspools and septic tanks, other than effluent;
9. Any material from chemical toilets, such as used in recreational
vehicles and on construction sites;
10. Any other substance or liquid deleterious to the sewer system and
wastewater treatment facilities or which shall endanger the
employees, operation or treatment processes of wastewater
disposal, or which shall cause encrustation or otherwise chemically
or physically corrode or erode the sewer system and wastewater
treatment facilities. In no case shall wastes with a pH lower than
6.0 nor wastes with a pH greater than 9.0 be permitted into the
sanitary sewer system.
(B) Every building, structure or premises used or occupied by any sewer user
where any commercial or industrial operations are conducted or permitted
which result in the discharge into the sewer system of any products, waste
products or other substances, matter or liquid in the manner and to the
extent prohibited in this-Ardnanee Chapter shall be equipped with an
adequate and suitable grease trap, filter or other interceptor device
installed in such a manner that products, waste products or other
substances, material or liquids herein set forth shall not flow into or be
discharged into the sanitary sewer system. The grease trap, filter or other
interceptor shall be:
1. Operated efficiently at all times:
2. Continually maintained and operational;
ORDINANCE NO.632, re Tide 6, page 15 of 31
water & sewer services and billing for same; printed July 9, 1993
3. In compliance with the specifications as set forth in the Uniform
Plumbing Code;
4. Installed and located in a manner easily accessible by the City
Public Works Department inspector;
5. Installed and located in a manner that will provide for easy
cleaning, repair, replacement and inspection.
(C) Any time without notice the trap, filter or interceptor shall be available for
inspection by the City Public Works Department. If found to be in
violation of this 9rdinanc-e Chapter, written notification will be given
requiring the user to take the necessary steps to remedy the situation
within one week after written notice.
(D)
(E)
It shall be unlawful to permit the flow of such waste from such buildings,
structures or premises into the sanitary sewer system.
Inflows of surface and excessive infiltration are prohibited. Such
prohibited sources of inflow shall include, but not be limited to, the
following:
1. Heating or cooling system discharges in excess of two thousand
(2,000) gallons per day, storm water connections, subwater drains,
foundation drains, roof drains, street drains, basement drains, sump
pumps and abandoned sewer lines.
2. Infiltration greater than two hundred (200) gallons per day per inch
diameter per mile of pipe shall be prohibited.
3. Existing inflows of surface and subsurface waters from storm
water connections, subwater drains, foundation drains, roof drains,
street drains, basement drains, sump pumps, abandoned sewer lines
and excessive infiltration and other sources shall be eliminated.
Structures and buildings with inflow in existence before the time of
this Ordinance Chapter shall not be deemed to have "Grandfather
Rights" and therefore shall be eliminated in order to comply with
this Ordinance Chapter.
8-4-1-4-6 3 070 FOOD WASTE DISPOSAL UNITS:
(A) It is the declared policy of the City to discourage and prevent discharge of
food wastes into the sanitary sewer system when such food wastes could
be disposed of in a manner other than discharge into the said sewer
system. Where the disposal of such food wastes, particularly by
commercial and institutional users of the system is allowed, the method
and manner of such disposal shall be as required in the subsequent
portions of this Section.
(B) Domestic and commercial food waste disposal units shall be connected
and trapped separately from any other fixture or compartment, except that
a continuous waste with a flow directing partition will be acceptable for
domestic units. All units may have either automatic or hand operated
water supply controls; however, domestic units shall be provided with an
ORDINANCE NO.632, re Title 6, page 16 of 31
water & sewer services and billing for same; printed July 9, 1993
approved inlet cover having waterway passages for use during grinding
operations.
(C) No waste from a food waste grinder shall be discharged into or through a
grease interceptor.
(D) Waste grinders and their installation i restaurants, institutions, food
processing or storage plants and similar operations shall meet the
requirements of this Ordinanee Chapter as well as the Uniform Plumbing
Code. An installation will be permitted only upon the finding of the City
that other methods of disposal are not feasible and that the City sewer
system can properlyy handle the waste.
8-442-6-3-080 DISCHARGE OF INDUSTRIAL WASTES:
(A) It is unlawful for anyone to discharge or permit the discharge of any
industrial wastes into any public sewer unless prior approval by the City is
obtained, as provided in Section 8-4-12(B) if such industrial wastes have
any of the following characteristics:
1. A standard five (5) day biochemical oxygen demand greater than
four hundred (400) milligrams per liter (mg/1); or fifty (50) pounds
in any one day;
2. A chemical oxygen demand greater than five hundred (500) mg/1;
or eighty five (85) pounds in any one day;
3. Wastes containing more than four hundred (400) mg/1 of
suspended solids or fifty (50) pounds in any one day;
4. A flow of fifty thousand (50,000) gallons or more per average
work day or a flow greater than five percent (5%) of the flow
carried by the treatment facility receiving the waste;
5. Chlorine demand of more than twenty (20) mg/1;
6. Wastewater at a flow rate and/or pollutant discharge which is
excessive over relatively short time periods so that there is a
treatment process upset and subsequent loss of treatment
efficiency;
7. Wastes containing harmful substances as enumerated in Section 8-
4-10;
8. Food wastes and garbage, etc.;
9. Any liquid or vapor having a temperature higher than twenty seven
(27) degrees centigrade, eighty (80) degrees Fahrenheit;
10. Any soluble waste or wastes having a pH lower than 6.0 or higher
than 9.0 or having any other corrosive property which reasonable
could be hazardous to structures, equipment or personnel of the
City such as but not limited to, battery or plating acids and wastes,
copper sulfate, chromium salts and compounds or salt brine.
ORDINANCE NO.632, re Title 6, page 17 of 31
water & sewer services and billing for same; printed July 9, 1993
11. Any water or waste containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any wastewater
treatment process, to constitute a hazard to humans or to create any
hazard to receiving waters or the effluent of the wastewater
treatment plants. Liquids containing copper, zinc or similar toxic
substances at the point of discharge to the City sewer shall not
exceed the following limits:
Parameter
Maximum Month Maximum
Average Daily Instantaneous
Aluminum 3.00 mg/1 5.00 mg/1
Arsenic 0.03 mg/1 0.05 mg/1
Total Ammonia as Nitrogen 25.00 mg/1 50.00 mg/1
Cadmium 0.01 mg/1 0.02 mg/1
Chromium (Hexavalent) 0.05 mg/1 1.00 mg/1
Chromium (Total) 1.00 mg/1 2.00 mg/1
Copper 0.30 mg/1 0.50 mg/1
Cyanide (Total) 0.20 mg/1 0.50 mg/1
Fluoride 2.00 mg/1 2.70 mg/1
Iron 2.00 mg/1 5.00 mg/1
Lead 0.05 mg/1 0.10 mg/1
Nickel 0.30 mg/1 0.50 mg/1
Zinc 0.30 mg/1 0.50 mg/1
Mercury 0.03 mg/1 0.05 mg/1
Silver 0.03 mg/1 0.05 mg/1
12. Any material which exerts or causes:
(a) Concentrations of inert suspended solids, such as, but not
limited to, fuller's earth, lime slurries, lime residue, or fly
ash which are so high as to constitute a danger to the
wastewater treatment plant.
(b) Concentrations of dissolved solids such as, but not limited
to, sodium chloride, calcium chloride or sodium sulfate,
which are so high as to constitute a danger to the
wastewater treatment plant.
13. Any wastes containing chlorinated hydrocarbons in concentrations
greater than 9.5 mg/l.
14. Any water or wastes which the Public Works Director determines
will by itself or with other water or wastes in the public sewer
system, release obnoxious gases; or develop color or undesirable
intensity; or form suspended solids in objectionable concentrations;
or create any other condition deleterious to life, structures, or
treatment processes.
15.
(a) Waters or wastes containing substances in such
concentrations that they are not amenable to treatment or
reduction by wastewater treatment processes employed or
ORDINANCE NO.632, re Title 6, page 18 of 31
water & sewer services and billing for same; printed July 9, 1993
are amenable to treatment only to such degree that the
wastewater treatment plant effluent cannot meet the
requirements of any other agency having jurisdiction over
discharge to the receiving waters.
(b) It is unlawful for anyone to discharge or permit the
discharge of industrial wastes as enumerated in Section 8-
4-12 unless prior written approval is obtained from the
City. If any industrial wastes are discharged or are
proposed to be discharged into public sewer, which wastes
contain the substances or possess the characteristics
enumerated in Section 8-4-11 in Section 8-4-11, and which,
in the judgment of the City may have a deleterious effect
upon the wastewater treatment processes, equipment or
receiving waters, or which otherwise create a hazard to life
or create malodors, the City may:
(1) Reject the waste; or
(2) Require preliminary treatment to an acceptable
condition for discharge to the public sanitary sewer
system and/or sampling and metering manholes and
equipment and/or may;
(3) Require reduction of the standard five (5) day
biochemical oxygen demand to less than four
hundred (400) mg/1; and/or
(4) Require reduction of the suspended solids content to
less than four hundred (400) mg/1; and/or
(5) Require reduction in chemical oxygen demand to
less than five hundred (500) mg/1; and/or
(6) Require regulation of the quantities of organic and
inorganic loads and/or rates of discharge; and/or
(7) Require payment of a charge and fee for the cost
and expenses of processing such water or wastes so
admitted into the sewer system and any other costs
or charges that would be and are incurred by the
City in the maintenance, operation, replacement and
repair of the sewer system and wastewater treatment
facilities caused by such waters or wastes into the
system.
(c) Plans, specifications and other information relating to the
construction or installation of preliminary treatment and
other facilities required by this Chapter shall be submitted
by the industry to the City.
The industry shall comply with the Environmental
Protection Agency (EPA) pretreatment regulations as
published in the Federal Register, Volume 38, Number 215,
ORDINANCE NO.632, re Title 6, page 19 of 31
water & sewer services and billing for same; printed July 9,1993
dated November 8, 1973. No construction or installation
thereof shall commence until written approval of the plans
and specifications by the City. Every facility for the
preliminary treatment or handling of industrial wastes shall
be constructed in accordance with the approved plans and
specifications, and shall be installed and maintained at the
expense of the occupant or owner of the property
discharging the industrial wastes.
(1) Any person constructing a preliminary treatment
facility, as required by the City shall also install at
his sole expense, and maintain a sampling and
metering manhole for checking and investigating
the discharge from the preliminary treatment facility
to the public sewer. Such sampling and metering
manhole shall be placed in a location approved by
the City and in accordance with specifications
approved by the City.
(2) Wastes requiring pretreatment for pH control and
adjustment, temperature control and adjustment of
dissolved oxygen must be continuously metered,
and a fail-safe guarantee including alarms and
holding ponds must be provided to assure quality of
effluent.
(3) The City may require any person constructing a
preliminary treatment facility to provide flow
measurement.
(d) The City Council shall, in writing notify the occupant of
any property which it has reason to believe is producing
industrial wastes that such person shall comply with the
requirements of this Ordinance Chapter. No later than
eighteen (18) months after notification by the City, the
occupant or owner of the property discharging the
industrial wastes shall have completed construction of all
facilities required by this -Ordinance -and Chapter. Said
occupant or owner shall submit periodic notice (at intervals
not to exceed 6 months) to the City regarding specific
actions taken to achieve full compliance with the
requirements of this Ordinance Chapter an Seel e . The
City may extend such requirements, upon agreement of
State and Federal authorities, for reasonable cause, but no
such extension of time shall excuse the payment of the
charges imposed by Section 8-4-2. If the required facilities
have not been completed by the required date the City may
shut off any sewer service from the City to the occupant, in
addition to other penalties provided by this -Ordinance -and
Chapter; provided, no such service shall be terminated until
written notice of at least ten (10) days has been given by
the City.
ORDINANCE NO.632, re Tide 6, page 20 of 31
water & sewer services and billing for same; printed July 9,1993
(e) Every facility for preliminary treatment or handling of
industrial wastes shall be subject to inspection by the City
or its authorized representative, who shall determine
whether or not such facility has been constructed and is
being maintained in effective operation.
8-444-6-3-090 WATER SAVING DEVICES: ,
flux . it by Yea an ., s a a t a lh l
required. All existing sewer users are encouraged to utilize the "water closet
dams" and shower head reduction devices referred -to in the Water Service
provisions of this Title.
8-449A-6-3-100 HEARINGS AND APPEALS:
(A) The City Public Works Department shall conduct such inspections as are
necessary to assure compliance with this -Ordinance Chapter and shall
notify the property owner and the City Council of the City of McCall in
writing of sources in violation of this -Ordinance Chapter stating the
source, nature and amount of the inflow.
(B) The property owner shall be given fourteen (14) days notice in writing
wherein to appear before the City Council to show cause if any why he
should not be required to take such action as may be required in order to
eliminate the inflow.
(C) The property owner shall have the right to be represented by counsel and
present witnesses in his behalf; a tape recording of such hearing shall be
kept by the City and a written transcription of that tape shall be available
upon request at a cost to the requester. A written decision stating the
reasons therefor shall be rendered by the City Council within thirty (30)
days. The property owner shall be notified by certified mail of the
decision of the City Council.
(D) A property owner upon receiving an adverse decision may within thirty
(30) days after the mailing of a decision as provided in Section 8-4-10
above, seek judicial review under the provisions of Section 67-5215(f)
through (g) and Section 67-5216, Idaho Code.
(E) The maximum time allowed to eliminate excessive inflows shall be two
(2) months after the official notification from the City Council unless the
City Council determines that there would be undue hardship within the
time limit allowed.
(F) The City Public Works Department will inspect and certify that all new
construction complies with this -Ordinance Chapter.
ORDINANCE NO.632, re Title 6, page 21 of 31
water & sewer services and billing for same; printed July 9, 1993
CHAPTER 4
CONTRACTS, BILLING AND COLLECTION
SECTION:
8-1-2-6 4 010: Application for -Water Utility Service
8-13-6 4 020: Contract f�ater
8-1-4-6 4 030: Contract - Effective Date
84-43E6 4 040: Water -Capital Improvement Funds - Creation
8 1 43E 6 4 050: Connection Charges
8-4-52-6 4 060: Connection Fees; Multiple -Family Dwellings Structures
8448-6 4 070: Deposit Required - Exemptions
8 1 24 6 4 080: Building Operations - Deposit Required
8449-6 4-090: Deposit Refunds - Interest Paid on Deposits
S- 1-43-6 4-100: Schedule of Charges
8 4 2: Schedule of Charges [repealed]
84- 44-6-4-110: Nonresident Users
8 1 43A 6 4-120: Billing Cycle
5-1-45-6 4 130: Billing
4 3. Sewe,. C-ha ge Billi g n„o Date.i n) [repealed]
v T ✓. va,. W va ��z ,
84-43B 6 4 140: Payments to Water Capital Improvement Fund
5-14-7-6 4 150: Turning On Water, Charges - Turning Off Water
8-1-32-6 4 160: Inspections Authorized
8-1-38-6 4 170: Meters Out of Order - Estimate of Water Used
84-39-6 4 180:: Testing Meters - Deposit Required
$4-40-6 4 190: Result of Test - Costs and Adjustments
8 1 47 6 4 200: Nonpayment of Bills
8 1 46 : Unpaid Water Charges [repealed]
8-1-41-6 4-210: Delinquent Bills - Penalty - Turning Off Water
Q 4--3 e e nh, rge Billi , laue Date[repealed]
84-42-6 4 220: Payments of Delinquent Accounts - Turning On Water
5-4-43a6 4 230: Service Charge on Delinquent Accounts -Notation on Monthly
Billing Statement
5-1-22-6 4-240: Adjustment, Claim For
8 1 48 6 4-250: Relief for Extraordinary Circumstance or Undue Hardship;
General Fund Reimbursement; Waiver of Penalty
8 4 3A Relief for Extraordinary Circumstance
or Undue Hardship; General Fund
Reimbursement; Waiver of Penalty [repealed]
84-54-6 4 250: Discontinuance of Water Service
84-2-6 4 010: APPLICATION FOR WATER UTILITY SERVICES: Any
person desiring to have premises connected with the utility system of the
City shall present at the office of the Clerk, or other place provided for the conduct of
such business, the following information: a description of the premises desired to be
served by the addition, block, lot and official house number together with an
application for -water utility service, prepared upon a printed form to be supplied for
that purpose by the City. Such application shall contain, in addition to the description
of the premises as aforesaid, state fully all the purposes for which such -water utility
service is to be used, the number of persons to be supplied or other indication for
probable consumption, the size of the service pipes or connections believed to be the
method and manner of connection, the name and address of the applicant and whether
owner, authorized agent or contractor, and if authorized agent a written authority from
the owner authorizing such agent to make the above application.
ORDINANCE NO.632, re Title 6, page 22 of 31
water & sewer services and billing for same; printed July 9, 1993
8-4-3-6 4-020: CONTRACT FOR WATER: The application for meter utility
service shall also contain, or have attached thereto, a contract on the part of the owner
of the premises, and executed by him or his legally authorized agent, agreeing to pay
for the -water utility service applied for at the rate, at the times and in the manner
specified in this Chapter, that the City is acknowledged by him to reserve the right to
charge and collect such rates, and to impose and enforce the penalties provided for in
this Chapter, to change the rate at any time without notice to consumer, and to install
such meters or other devices as may be necessary to control and measure the -water
utility service supplied. Such contract shall specifically provide that the supply of
water is subject to all the provisions of this Chapter, or of any other provisions
hereafter passed, and that the City shall not be held responsible for any damage by
water or otherwise resulting from failure of the plumbing or appliances on the
premises supplied with water, nor for any damage caused by the interruption or
failure of such supply, nor shall such failure or interruption be held to constitute a
breach of contract on the part of the City, nor in any way release the consumer from
the performance of all of his obligations as therein set forth. No application for
service shall be granted until the contract herein provided for shall have been properly
executed.
8 1 4 6 4 030: CONTRACT - ENN'hCTIVE DATE: All contracts shall be in
full force and effect from the date of execution thereof, but rates shall be charged
thereunder from the date service is turned on (1959 Code)
8-1-43C-6 4 040: WATER -CAPITAL IMPROVEMENT FUNDS -
CREATION:
(A) Water Capital Improvement Fund. There is hereby established and created a
"Water Capital Improvement Fund" for the receipt, deposit and accounting of
all moneys paid therein from water user charges as provided by Section-8-1-
43E 6-4-140 of the City Code of McCall, Idaho, with which to erect,
construct, enlarge, extend and maintain water lines or water pumping or
treatment facilities or structures for the City.
Gapital-imprevenient-Fund4s-hereby-ereated-and-establisheeL--The-City
e
curities
u.uuava ic. ,
(Ord. 491, 10-7-85)
8-4-8-Bl Sewer Capital Improvement Fund. There is hereby established and
created a "Sewer Capital Improvement Fund" for the receipt, deposit and
accounting of all moneys collected and raised from the levy or collection of
sewer connection and/or treatment plant charges with which to erect,
construct, enlarge or maintain sewer lines or sewer treatment facilities or
structures for the City.
(C) Administration of Funds. The moneys deposited in said Funds shall be kept
separate and apart from all other moneys of said City, and each Fund shall be
held in trust, dedicated to the specific purpose for which the Capital
Imprevem nd-it is hereby created and established. The City Treasurer
may, as directed and empowered by resolution adopted and approved by the
ORDINANCE NO.632, re Title 6, page 23 of 31
water & sewer services and billing for same; printed July 9,1993
City Council, invest the moneys of the Funds in the securities authorized by
law, but no portion of the Funds may be transferred to the credit of each other
or of any other general or special funds or used for any other public purpose.
$ 1 43E 6 4 050: CONNECTION CHARGES:
(A) Water: The initial service connection charges shall include a pro rata portion
of the value of the water system, determined as replacement cost, less
accumulated depreciation, less the principal of associated debt, plus the then
amount of the Water Capital Improvement Fund and other cash reserves. The
proration shall be accomplished on the basis of the maximum number of users
that could be connected to the system existing from time to time. Until an
accurate determination of replacement cost is accomplished, book value of the
system may be used in the calculation. The connection charge shall also
include labor, material and equipment. So much of the connection charge as
is not for labor, material and equipment shall be transferred to and held and
administered as part of the Water Capital Improvement Fund. The Mayor and
Council shall by resolution and on a rational basis determine the connection
charge according to this Section annually prior to the commencement of the
construction season. (Ord. 607, 4-23-92)
(B) Sewer:
1. $-4-4:trunk sewer and treatment plant connection charges, time of
payment, disposition of charges: A trunk sewer connection charge
shall be made and imposed upon and collected from every person;
sewer -user before constructing a sewer service line by which to
attach and connect the property to the sanitary sewer system of the
City. The rate for each trunk sewer and treatment plant connection
charge shall be in an amount fixed from time to time by the City
Council by resolution. '
Single family residcncc
Duplex or triplex, per unit
Mobile home park, per unit
$ 600.00
$ 600.00
$ 600.00
Cende Buses -and -Apartments: ("Gross
uen,�l-mcan an acre of ground-ineluding-all
e-development
and -en ll-berdering
public streets)
4-units-erres&-pergress acre pe%un; t S-600:00
over4-units-te an
gross acre, per unit 600.00
gross acre, per unit 700.00
ding 13 units per
gross acre, per unit 800.00
Over 13 units per acre, per unit 1,000.00
Travel trailed ,
parking -space 500.00
ORDINANCE NO.632, re Title 6, page 24 of 31
water & sewer services and billing for same; printed July 9, 1993
dpte,..,,;.,ec. b he City, C,.,,nci e ttte t.asis „-e,,.,;. ale t
\dV �Vl a11111V11 V
All trunk sewer and treatment plant connection charges shall be
paid to the City Clerk and shall be deposited by the City Clerk into
the Sewer Capital Improvements Fun'
Sec-tie-8-4 8-ef-the-Vil age-Cede-ef—McCafie.
2. 8-4-5: sewer service connection fee; permit; inspections; disposition of
fees: A person
constructing a sewer service line by which to attach and connect
the property to any sewer system transporting sewage, industrial
wastewater or other wastes and liquids to a City of McCall
treatment plant shall pay a sewer service connection fee charge,
from -such -sewer -users. The rate for each connection charge shall
be in an amount fixed from time to time by the City Council by
resolution. .
Single family residence $ 150.00
Duplex or triplex, per unit 150.00
Fourplex and larger, per unit 150.00
Mobile home park, per unit 150.00
Gerumereialrludesuiairfristitutionato be fixed and determined
by the City Council on a basis of equivalent single family
residential unit; and the determination of such equivalence shall
include the volume, type and content of liquid effluent and/or
industrial wastewater discharged into the sewer system. All sewer
service connection fees shall
be by the City Clerk deposited in the General Fund of the City.
(C) 8 4 6 Change of use; fee: Each water or sewer user changing use of his
property now connected to the water or sanitary sewer system of the City
of McCall shall pay the difference between the connection charges (water,
trunk sewer and treatment plant charges, and sewer service connection
charges) applicable to the use to which the property is being changed and
the use to which the property had been previously applied. If, for
example, a single family dwelling situated upon property now connected
to the sewer is demolished, and a duplex, triplex, multi -family, mobile
home park, or commercial/industrial/institutional use is thereon
constructed, the charge to be made for-beth water, trunk sewer and
treatment plant connection charges, and sewer service connection charges
shall be the difference between the total of the charges provided by this
Section 8 4 4 and 8 4 5 above.
54-52-6 4-060: WATER CONNECTION FEES; MULTIPLE -FAMILY
DWELLINGS STRUCTURES: A separate standard water service connection fee of
shall be paid to the City for each and every -family dwelling unit in any and all
ORDINANCE NO.632, re Title 6, page 25 of 31
water & sewer services and billing for same; printed July 9, 1993
condominiums, apartment houses, townhouses and any and all other multiple -family
dwelling structures. (Ord. 539, 12-22-88; am. Ord. 607, 4-23-92)
8 1 18 6 4-070: DEPOSIT REQUIRED - EXEMPTIONS: Each applicant for
water service shall pay a refundable deposit of fifty dollars ($50.00) unless the
applicant is the owner of the premises to which water service is to be provided or the
applicant has had a water account at another premises serviced by the City water
supply system within the past five (5) years, in his own name and has had a
satisfactory payment record for the last twelve (12) months such account was in
effect. A satisfactory payment record shall be defined as one in which all payments
were made on or before the date due.
8-4-24-6 4-080: BUILDING OPERATIONS - DEPOSIT REQUIRED: Water
for building operations may be supplied only at scheduled commercial rates, and the
owner or contractor desiring the service may be required to make such a deposit with
the Wate, R to Celle,.ter City Treasurer as will in the latter's opinion, secure the City
against the nonpayment of all charges and penalties. Should no service connection be
available at the desired point, the WatePublic Works Department may make a
special service connection therefor, and shall charge the cost of such work or
installation and removal, less the salvage value of the material recovered, to the
account of the applicant, or deduct it from any deposit made as above prescribed.
8-1-19-6 4-090: DEPOSIT REFUNDS - INTEREST PAID ON DEPOSITS:
Deposits collected under the provisions of Section 8 1 18 6 4 070 shall be held by the
City until the payee requests discontinuance of water service or until the payee has
attained a satisfactory payment record for twelve (12) continuous months as defined
in this Chapter. Deposit refunds shall be in the form of a credit to the account of the
payee. A cash refund equal to the amount of the deposit plus interest earned and less
any outstanding account balance shall be paid upon discontinuance only. While any
deposit is held by the City, the City shall pay interest in the amount of one-half of one
percent (0.5%) of the amount of the deposit each month for an annual rate of six
percent (6%). Interest shall be applied to the account of the payee and paid in cash
only upon discontinuance. (Ord. 587, 6-27-91)
8 1 43 6-4-100: SCHEDULE OF CHARGES: The City Administration shall
on its own initiative or at the request of Council periodically review and recommend
changes as needed in water and sewer rates and charges and submit them to Tthe
City Council for review and approval w ter c-hartes an set
ule oaz
, e ule efc-ha ges by resolution. (Ord. 600, 1-23-92, eff. 2-1-92)
8 4 2: SCHEDULE OF CHARGES: q'he City Council shall, from time to time
Fey ew . .,1 afge� .,.,.7 ser the se ed le e f . har-ges by -e el„tie (-OF a 600 1 23
a iV♦Y UV YY Vl V11LLL �VJ [1114 JL/L • • ,
92, eff. 2 1 92)
8 1 44 NONRESIDENT USERS: Charges far water consumed by all water
free., the ! 4tY. s .stem« esh ll lee tl, tl, t 1, b t ' l, f rtl, t'
Elie-the-same-as-tliat-set €erth-inSeetien--8 1-43--0Fd,-5a'�-30-89)
8-1-43A-6 4 120: BILLING CYCLE: The use of water or sewer for any part of a
month shall be billed as a whole month.
8 1 45 6 4 130: BILLING, D 1>✓ D A T7✓
ORDINANCE NO.632, re Tide 6, page 26 of 31
water & sewer services and billing for same; printed July 9,1993
(A) All charges effor water and/or sewer service furnished by the City shall be
billed directly to the
JViYiVy iA , �
Do^eraer efValle • Ceti ty raahe party or parties contracting to receive the
1\V V Vl liL ,
same, and in the absence of a contract. to the party or parties occupying the
connected premises, who shall be liable jointly and severally. (Ord. 229, 11-5-
62)
(B) All charges for septage dumping shall be billed by the City Treasurer on a
regular basis. Amounts not paid shall be subject to the same percentage
penalties and interest accruing at the same times and rates as are other
amounts owed to the City by reason of sewer services. In the event that a
dumper fails to pay septage dumping fees within thirty days of the billing
date, the City Treasurer may require that person to establish and maintain a
security deposit account with the City against which bills will be presented,
and which must be maintained by the dumper with a positive balance.
8 4 3: SEWER CHARGE BILLINGS, DUE DATE:
(A) [is repealed, and not set out as it duplicates 8-1-45 = 6-4-130 above]
8-1-43B-6 4 140: PAYMENTS TO WATER CAPITAL IMPROVEMENT
FUND: Of the
monthly charge to each water user, that portion fixed from time to time by resolution
of the Council shall be transferred by the City Clerk into the Water Capital
Improvement Fund
MeCallTklahe. (Ord. 558-A, 9-26-89, eff. 10-1-89)
8 1 17 6 4 150: TURNING ON WATER, CHARGES - TURNING OFF
WATER: Whenever the owner or occupant of any premises connected with the City
water supply system desires to begin water service, he shall notify the City Treasurer
and pay a turn on fee in the amount set from time to time by the City Council by
resolution and shall be charged the full monthly rate for the
month in which service begins. Whenever the owner or occupant of any premises
connected with the City water supply system, and received such water service, desires
to discontinue such service, he shall notify the City Treasurer. Ne-A fee shall be
charged for such turn off in the amount set from time to time by the City Council by
resolution, and except that the full monthly rate shall be charged for the month in
which service is discontinued.
8 1 32 6 4 160: INSPECTIONS AUTHORIAPD: It shall be unlawful for any
person to refuse, neglect or fail to afford any duly authorized representative of the
Water -Public Works Department free access at all reasonable hours to any or all parts
of buildings or premises supplied with water from the City water supply system, for
the purpose of making records, readings, and inspections of the location, condition
and sufficiency of pipes, fittings, valves, cocks, fixtures and appliances, and noting
the amount of water used and the manner in which it is used. Violation of this
provision of this Chapter, or the abuse, threatening or intimidation of any officer of
the Water -Public Works Department, may result in the shutting off of the water, and
the imposition of the usual penalties, in addition to punishment for violation of this
Chapter.
S 1 34: TURNING OFF WATER OPTIONS: (Rep. by Ord. 587, 6 27 91)
ORDINANCE NO.632, re Title 6, page 27 of 31
water & sewer services and billing for same; printed July 9, 1993
$-1-38-6-4-170: METERS OUT OF ORDER - ESTIMATE OF WATER
USED: In the event of a meter getting out of order or failing to register properly, the
consumer shall be charged on an estimate made from the amount consumed in the
same month in the preceding year, or from the average of the consumption of the
three (3) months last preceding the meter reading, or from the other most reliable data
in the possession of the Water Public Works Department. (1959 Code).
84-39-6 4 180: TESTING METERS - DEPOSIT REQUIRED: Where the
accuracy of the record of a water meter is questioned by a consumer, it shall be
removed at his request, and shall be tested by an appropriate testing facility at the
direction of the Water -Public Works Department
b tl, W * D n..«.. en.t „ tiw o e f the ; f he „ d and a
V,' LL1Li ♦♦ LLL♦rr 1nT , � n,
report shall be made thereon to the W ter D nteCelle ter City Treasurer. Both parties
shall accept the findings so made. Before making such test, the consumer, at the time
of filing his request, shall make a deposit in the amount set from time to time by the
City Council by resolution with the Water Rate Collector City Treasurer,-t he su n
herei ., oa fer test;n, . he sn;,a m ter ra;n„g t„ he a thereet:
LaVi V11111LL111LiL11V1 LIJJ LLll�-Gli , n -
For testing 3/4 inch meter $25.00
For testing 1 inch meter 35.00
For testing 1 1/2 inch meter 35.00
For testing 2 inch meter 35.00
For testing 3 inch meter and larger 50.00
No meter shall be removed or in any way disturbed, nor the seal thereof broken,
except in the presence or under the direction of the `x'nte-master Public Works
Director. (Ord. 376, 2-5-79)
8 1 40 6 4 190: RESULT OF TEST - COSTS AND ADJUSTMENT: If a test
so made discloses an error against the consumer of more than one percent (1%) in the
meter's registry, the excess of such readings is as applied to the three (3) readings next
preceding the test shall be calculated, and the amount of money due the consumer
thereon credited to his water account, and the Water -Public Works Department shall
bear the entire costs of the test and the deposit of the consumer shall be returned to
him. If no error in excess of one percent (1 %) against the consumer has been found,
the consumer shall pay the costs of the test out of his deposit. (1959 Code)
8-4-4-7-6 4 200: NONPAYMENT OF BILLS: Nothing in this Chapter shall be
construed as modifying or repealing the right or obligation of the City to discontinue
water service for nonpayment of water charges. (Ord. 229, 11-5-62)
8-4-46 R�z� ATiR r�vL�d=Ori-er-be e-Aug ist 1 ef- eae ye n,.3
e o
1 1V LL11V4 V'' -LLle e e ee,
i
nnnnl. p u n to l,o..eme n n, liotheree ' n n the a t`. be eelle to i the
91)
8 1 41 6 4 210: DELINQUENT BILLS - PENALTY - TURNING OFF
WATER: All bills for water and sewer are due and payable on the first day of the
month following the month in which they are issued, and shall be delinquent at the
ORDINANCE NO.632, re Title 6, page 28 of 31
water & sewer services and billing for same; printed July 9, 1993
close of office hours of the tenth day of the month in which such payments fall due;
provided, that if such tenth day of the month falls on a Saturday, Sunday, or legal
holiday, then such bills shall be delinquent at the close of office hours of the next
succeeding business day. If not paid before delinquency a penalty of ten percent
(10%) of the amount so due shall be added to said amount due.
8 4 3: SEWER CHARGE BILLINGS, DUE DATE:
(B) [is repealed, and not set out as it duplicates 8-1-41 = 6-4-210 above]
8-1-42-6 4 220: PAYMENT OF DELINQUENT ACCOUNTS - TURNING
ON WATER: When water has been turned off because of delinquency in payment,
water shall not be again turned on until such charges, including the delinquency
charge of ten percent (10%), monthly service charges and a the special charge in the
amount set from time to time by the City Council by resolution -of -sixty -dollars
(460.00) for shutting off and turning on the water, shall have been added to the face of
the delinquent bill and the entire sum paid. (Ord. 521, 2-11-88)
8 4 2A: SERVICE CHARGE ON DELINQUENT ACCOUNT, NOTATION
ON MONTHLY BILLING STATEMENT [repealed, as duplicative of
6-4-240, below]
8-1-43D-6 4 230: SERVICE CHARGE ON DELINQUENT ACCOUNTS -
NOTATION ON MONTHLY BILLING STATEMENT:
(A) A monthly service charge in a percentage amount reviewed and approved
from time to time by resolution of the Council- ene an ene half pereent ('
712 ` nthlyeharge(' Q°' ally) shall be added to any water and
sewer bill not paid within thirty (30) days past the due date thereof.
(B) On all monthly water and sewer billing statements the following notation shall
appear: "A monthly service charge of up to 1 1/2% -monthly -service
eharge(18% annually) twill be added to any water bill not paid within
thirty (30) days past the due date thereof." (Ord. 521, 2-11-88)
84-22-6 4 240: CLAIM FOR ADJUSTMENT. All claims for adjustment
of water and sewer bills shall be made on blanks furnished by the �x'�e
Celleeter-City Treasurer, and filed with that officer on or before the tenth day of the
month in which the payment is due, and if not so made, any allowance or adjustment
made, if any, shall apply on the bills of the following period.
The claim for adjustment shall be placed, with the full record of the case, before the
Mayor and City Council at their next regular meeting after its receipt, and no claim or
adjustment shall be made or allowed except upon a resolution by the Mayor and City
Council duly adopted and entered upon the minutes of the meeting. No person,
officer or governing body shall have authority to correct or adjust any water bill, save
and except the Mayor and City Council as above prescribed. (1959 Code)
8 1 48 6 4-250: RELIEF FOR EXTRAORDINARY CIRCUMSTANCE OR
UNDUE HARDSHIP; GENERAL FUND REIMBURSEMENT; WAIVER OF
PENALTY:
(A) For good cause shown, demonstrating unusual or extraordinary circumstances,
or in order to avoid undue hardship, the City Council, at its discretion, may
provide relief to a water and/or sewer user, whether individual, partnership,
corporate, unincorporated association, or governmental in nature. In the event
ORDINANCE NO.632, re Title 6, page 29 of 31
water & sewer services and billing for same; printed July 9, 1993
relief is granted, it shall be accomplished not by modification of the otherwise
applicable rates or schedules as herein contained, but by determining a
differential between the usual rate and the allowed rate; the differential shall
be reimbursed from the General Fund by crediting said amount to the account
of the user receiving the allowance.
(B) For good cause shown, demonstrating unusual or extraordinary circumstances,
or in order to avoid undue hardship, the City Council, at its discretion, may
also waive the penalty provided in Section 8 1 41 6 4-210 of this Code,
otherwise imposed or imposable on a water or sewer user, whether individual,
partnership, corporate, unincorporated association or governmental in nature,
without reimbursement of same by transfer from the General Fund.
(C) Any user seeking relief or waiver as above provided shall submit a written
application to the City Treasurer detailing the consideration sought. The
application shall set forth in sufficient detail the facts and circumstances
alleged to support the particular relief or waiver sought; the Treasurer shall
review the application and, if complete, submit same with a recommendation
to the Council for their consideration; if incomplete, the applicant shall be so
advised and given the opportunity to resubmit. (Ord. 598, 1-9-92)
$ 4 3A RELIEF FOR EXTRAORDINARY ... resubmit. [is repealed and not
set out, as it duplicated, for sewer, 8-1-48 = 6-4-250 above]
84-54-6 4-260: DISCONTINUANCE OF WATER SERVICE:
Notwithstanding any other provisions of this Chapter, water service to any premises
shall not be discontinued until the following procedure has been followed:
(A) If an account remains unpaid thirty (30) days after it becomes delinquent as
provided in Section 8 1 41 6 4-210 of this Code, the City Clerk shall notify
the owner of the premises to which such water or sewer service was furnished
or the tenant thereof if the account be in his name, in writing of such
delinquency and if such water or sewer bill is not paid in full within twenty
(20) days thereafter, sunh-water service shall be discontinued unless such
owner or tenant requests a pretermination of service hearing.
(B) In the event a pretermination hearing is requested such hearing shall be held
before the City Council after timely notice to such owner or tenant who shall
have the right to be represented by counsel and present witnesses in his behalf;
a written record of such hearing shall be kept by the City and a written
decision stating the reason therefor shall be rendered by the City Council
within a reasonable time.
(C) Water service shall not be discontinued pending such hearing, but in the event
of a decision requiring payment of such bill or any portion thereof, the same
must be paid within ten (10) days after service or mailing of notice of such
decision to the owner or tenant or water service shall be discontinued.
(D)
All notices required hereunder shall be in writing and shall be mailed by U.S.
certified mail, return receipt requested, with postage prepaid thereon or
personally served upon the owner or tenant of such premises. Service shall be
deemed complete upon date of service or mailing.
ORDINANCE NO.632, re Title 6, page 30 of 31
water & sewer services and billing for same; printed July 9,1993
(E) The Owner or tenant of the premises involved shall have the right to appeal to
the District Court from any adverse decision of the City Council.
(F) A copy of this Section shall accompany each notice of delinquency in
payment for water service given under the provisions of this Section. (Ord.
587, 6-27-91)
Section 4. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Passed and approved%r ' , 1993.
L�ameice A. Smith
Mayor
ATTEST:
thur J. S o midt
City Clerk
ORDINANCE NO.632, re Title 6, page 31 of 31
water & sewer services and billing for same; printed July 9, 1993
STATE OF IDAHO )
COUNTY OF VALLEY)
CERTIFICATE OF RECORDING OFFICER
ss
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 4J9,Z is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on 4 O , 19 F3, and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this „a —hh day of
19 93
(Seal of the City)
Arthur J. chmidt, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, in
the County of Valley., State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper; that the
NOTICE OF PUBLIC HEARING, a copy of which is enclosed hereto and is a
part hereof, was published in said newspaper once a week for one consecutive
week in the regular and entire issue of every number there of during the period
of time of publication, and was published in the newspaper proper and not in a
supplement; and that publication of such notice began August 19, 1993 and
ed August 19, 1993.
Subscribed and sworn before m: t 's th:,th day of August, 1993.
STATE OF IDAHO
COUNTY OF VALLEY
On this 19th day of August, in the year of 1993, before me, a Notary
Public, personally appeared Ramona A. George, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires: 1999
RESOL u fION NO.26-93
A RESOLUTION OF THE CITY COUN-
CIL OF THE CITY OF McCALL, IDAHO,
APPROVING A SUMMARY OF ORDI-
is both lengthy and in its legislative fonn of any person injures or breaks any fire hydrant,
struck -through deletions and underlined addi- street stand pipe, public drinking fountain or
potentiallydifficuhforthepublictoreview other device or thing connected with the City 6 E.
and understand, - water supply system, he shall at once report the PARICSTREET,McCALL.
BE IT RESOLVED by the Mayor and occurrence to the Public Works Department or ' Laurence A. Smith; Mayor.
• Council of the City of McCall that: , '. police; with his .name and address, and shall ATTEST: Arthur 1-Schmidt; City Clerk
Section 1.. The attached summary of Ordi- give such undertaking as may be required of. ' - ' . nance632is approved and shall be published in him that he will pay the costs of the repairs or . STATEMENT OF CITY LEGAL
lieu of publication of the Ordinance. replacements�thereto made necessary. Failure ADVISOR. , , , -
. Passed and approved August 12, 1993: - to so report.and accept responsibility for such - The foregoing .summary istrue and.com-.
Laurence A. Smith, Jr.,Mayor' injuryis.amisdemeanor. plete and provides adequate notice to the public.
ATTEST: Arthur J. Schmidt;.City Clerk ••
Ted Burton; City Attorney. and Prosecutor.
, . . Summary of .. ]t8/19
- ORDINANCE NO.632 _ CHAPTER 3
AN ORDINANCE OF THE CITY OF' ' SEWER'SERVICE • �-'-Y---- ---
• McCALL, IDAHO, RELATING TO THE 6-3-010 provides for having a '
CITY WATER AND SEWER UTILITIES; sewer system. Requires connection . where.
DENOTING TITLE 6 OF THE McCALL _ within 300' of•the lot. ;Prohibits issuance Of'
• CITY CODE AS"UTILTTYSERVICES"•RE- building. permits without sewer permit pro
any fire hydrant, stand pipe, stop valve or stop- • -�
cock belonging to the City. It provides that for discontinuance d water service, if qu ac-
delinquent,
p counttesfounpaidro30 days regted,
'unlawful for any person to make any connec- provides for, if properly requested; a
Lion with the City water supply system without • pretermination heanng, notices, and the right
properpertnissibn. to a to the District Court NANCE 632. 6-2-280: makes it unlawful to ecton 4. .provides that this Ordinance
WHEREAS the Idaho Code pemdts.publi- obstruct ready access to any fire hydrant, to shall be in full force and effect from and after its
cation of ordinances by publication of a draw or attempt to draw any water from the passage, approval.and publication as required
summary of the ordinance; and Ordinance 632 same or to inure the
y la
PEALING AND RE-ENACTING CHAPTERS
l AND 4 OF TITLE 8 AS CHAPTER 1,
"GENERAL PROVISIONS;" CHAPTER 2,
"WATER SERVICE; 'CHAPTER3, "SEWER
SERVICE;" AND ,CHAPTER 4, "CON-
TRACTS, BILLING AND COLLECTION;"
ALL OFTTTLE 6; PROVIDING THAT UTIL-
ITYSERVICERATES AND CHARGES ARE
TO BE SET BY RESOLUTION OF THE
COUNCIL; AND ENACTING AS PART
THEREOF NEW REQUIREMENT THAT
ALL WATER SERVICE CONNECTIONS BE
METERED BY AN INSIDE -THE -STRUC-
TURE METER . WITH AN EXTERIOR
REMOTE READ-OUTIN AN ACCESSIBLE
LOCATION; AND PROVIDING AN EFFEC-
TIVE DATE.
Section 1. creates title 6 of the City Code
and expresses the intent that that is the proper
title in which to put all ordinances relating to -
City utilities.
Section 2. repeals the existing ordinances
respecting the utr`lides.
Section 3. enacts the replacement ordi-
nances for the ones repealed. Thereplacement
is the new Title 6.
TITLE VI
UTILITY SERVICES
CHAPTER 1
GENERAL PROVISIONS
SECTION:
6-1-010: defines the terms used
in Title 6.
6-1-020 provides that violation
of Title 6 is a misdemeanor.
6-1-030 provides various civil
remedies in connection with the utilities.
6-1-040 provides that validity of
any one particular pan of the Title is to be
vides for retroactive mandatory connection.
Prohibits occupancy of structure not connected,
if it should be. Makes violations a misde-
meanor. Extends mandatory connection to j
extraterritorial locations within 300' of line,
subject to approvals. Provides that extraterri-
torial connections are subject to all fees and
changes in this Chapter, and for inspection by
the City.
6-3-020 provides connection
procedure and for permits.
=6-3-030. provides for limitation
of hookups based upon treatment capacity.
6-3-040 " . provides procedure for
service connection, permits, inspection, failure
to inspect, re -excavation and disconnection to
pemut inspection, compliance, specifications,
and restricts actual work to plumbers licensed
in Idaho
6-3-050 prohibits dumping ex-
cept at the Treatment Plant, limits dumping to
vehicles designed and constructed for the pur-
pose, regulates vehicles, and provides for fees
and dumping. tickets. The Treasurer may re-
quire a deposit toward dumping fees. Provides
for monitoring. Prohibits the flow of waste
from premises into the sanitary sewer system,
surface and excessive infiltration.
6-3-070 ' regulates discharge of
food wastes into the sanitary sewer system,
6-3-080 regulates discharge of
specified industrial wastes into public sewer
without prior approval by the City, and for
notice, hearing, decision, and sanctions in the
event of violation. Provides for inspection of
preliminary treatment facilities.
6-3-090 Encouragestoutiluethe '
"water closet dams" and shower head reduc-
tion devices referred -to in the Water Service
provisions of this Title.
6-3-100 provides for inspec-
tions, and notice of violation, showing of cause,
counsel, witnesses , record oforoceedinvs.tran- l
Passed and approved July 26, .1993.
THE FULL TEXT OF ORDINANCE 632-
IS 'AVAILABLE AT CITY HALL 21
" C H A P T E R 2 , "
W A T E R S E R V I C E
S E C T I O N : "
6 - 2 - 0 1 0 : s t a t e s t h e c i r c u r n s t a n c e s
u n d e r w h i c h C i t y w a t e r w i l l b e e x t e n d e d t o n e w
d e v e l o p m e n t s .
6 - 2 - 0 2 0 r e q u i r e s e v e r y p r e m i s e s
l o c a t e d w i t h i n 3 0 0 f e e t o f a C i t y w a t e r m a i n t o
c o n n e c t . . .
6 - 2 - 0 3 0 : " r e q u i r e s e v e r y s e p a r a t e
p r e m i s e s t o h a v e i t s o w n s e p a r a t e c o n n e c t i o n . . .
"
6 - 2 - 0 4 0 : p r o h i b i t s c o n n e c t i n g t h e
C i t y s y s t e m t o a n y o t h e r s y s t e m ; a n d r e s t r i c t s
o n e p r e m i s e , b e i n g s u p p l i e d f r o m m o r e t h a n
o n e s o u r c e .
"
" 6 - 2 - 0 5 0 : " s p e c i f i e s t h a t w h e n t h e
C i t y a n d a n a p p l i c a n t c o n t r a c t , t h e P u b l i c W o r k s
D i r e c t o r s h a l l c o n n e c t t h e p r e m i s e s , a n d s e t a
o u t c e r t a i n s t a n d a r d s f o r t h e c o n n e c t i o n .
6 : 2 - 0 6 0 : s p e l l s o u t m o r e s p e c i f i -
c a t i o n s f o r t h e s t a n d a r d s e r v i c e c o n n e c t i o n . -
' " 6 - 2 - 0 7 0 : s p e l l s o u t t h e p r o c e s s
a n d " n i l e s f o r d e a l i n g w i t h a n a p p l i c a t i o n f o r
w a t e r s e r v i c e w h e r e t h e p r o p e r t y i s n o t a d j a -
c e n t t o e C i t y m a i n . "
" 6 = 2 - 0 8 0 : _ " p e r m i t s t h e P u b l i c "
W o r k s D i r e c t o r u n d e r c e r t a i n c i r c u m s t a n c e s t o
' a l l o w p r i v a t e c o n t r a c t o r t o m a k e t h e p h y s i c a l
c o n n e c t i o n ; p r o v i d e s f o r a s e c u r i t y d e p o s i t .
6 - 2 - 0 9 0 : p r o v i d e s s p e c i f i c a t i o n s
f o r p r i v a t e w o r k a n d f o r e x p e n s e o f f u t u r e r e -
l a y i n g o f p i p e .
6 - 2 - 1 p r o v i d e s s p e c i f i c a t i o n s
f o r o w n e r ' s s e r v i c e c o n n e c t i o n d o w n s t r e a m o f
t h e m e t e r . "
6 - 2 - 1 1 0 : p r o v i d e s f o r t h e m e t h o d
o f g e t t i n g t h e w a t e r t u r n e d o n , a n d f o r i n s p e c -
t i o n s a n d t h e l i k e .
1 6 - 2 - 1 2 0 : p r o v i d e s f o r i n s t a l l a t i o n
o f f i r e p r o t e c t i o n f a c i l i t i e s a n d t h e i r i n s p e c t i o n .
6 - 2 - 1 3 0 : p r o v i d e s f o r c o n s e -
q u e n c e s o f u n a u t h o r i z e d c o n n e c t i o n s : "
6 - 2 - 1 4 0 : p r o v i d e s p e n a l t i e s f o r
u n a u t h o r i z e d c o n n e c t i o n s .
6 - 2 - 1 5 0 : p r o v i d e s , t h a t e v a d i n g
w a t e r s h u t o f f b y t a k i n g w a t e r f r o m a d i f f e r e n t "
c o n n e c t i o n i s a m i s d e m e a n o r . "
6 - 2 - 1 6 0 : p r o h i b i t s r e t u r n i n g o f
w a t e r t o C i t y s y s t e m .
6 - 2 - 1 7 0 : p r o v i d e s f o r i n s i d e -
` ' s t m c t u r e m e t e r s w i t h o u t s i d e - S t r u c t u r e r e a d o u t s ,
_ _ _ p l a t e l e t r e v i e w . t u n a a l l o w e d t o e r u n i n a t e e x - '
c e s s i v e i n f l o w s , i n s p e c t i o n , a n d c e r t i f i c a t i o n . j
C H A P T E R 4
C O N T R A C T S , B I L L I N G A N D . -
C O L L E C T I O N
. S E C T I O N : '
6 - 4 - 0 1 0 : p r o v i d e s f o r a p p l i c a t i o n . � c , i
f o r u t i l i t y s e r v i c e .
6 - 4 - 0 2 0 : p r o v i d e s f o r a c o n t r a c t ' , S ��
a g r e e i n g t o p a y f o r t h e u t i l i t y s e r v i c e a p p l i e d
f o r a t t h e r a t e , a t t h e n i n e s a n d i n t h e m a n n e r ' t
s p e c i f i e d i n t h i s C h a p t e r , a c k n o w l e d g i n g t h e , -
n g h t t o c h a n g e t h e " r a t e a t a n y t i m e w i t h o u t ' ,
n o t i c e a n d t o i n s t a l l m e t e r s o r o t h e r d e v i c e ' s , .
a n d f o r o t h e r t e r m s o f t h e . c o n t r a c t . ,
"
"
"
6 - 4 - 0 3 0 : . p r o v i d e s " f o r e f f e c t i v e .
d a t e o f c o n t r a c t a n d d a t e m i t e s s h a l l b e c h a r g e d
f r o m .
" 6 = 4 - 0 4 0 : p r o v i d e s , f o r W a t e r
C a p i t a l I m p r o v e m e n t F u n d , S e w e r C a p i t a l
I m p r o v e m e n t F e n d , a n a - a d m i n i s t r a t i o n o f
f u n d s .
6 4 - 0 5 0 : . p r o v i i t e s f o r c o n n e c t i o r i
c h a r g e s f o r w a t e r a n d s e w e r , s y s t e n t s a n d t h e n
s e e i n g b y r e s o l u t i o n . 1
6 4 - 0 6 0 : p r o v i d e s f o r s e p a r a t e ,
s t a n d a r d w a t e r s e r v i c e c o n n e c t i o n f e e f o r e a c h "
a n d e v e r y d w e l l i n g u n i t . '
6 4 = 0 7 0 : ' p r o v i d e s f o r r e f u n d a b l e
d e p o s i t s f o r w a t e r s e r v i c e : '
' 6 - 4 - 0 8 0 : p r o v i d e s f o r w a t e r f o r
b u i l d i n g o p e r a t i o n s . . .
6 4 - 0 9 0 : p r o v i d e ' s f o r t e f u n d a b l e
d e p o s i t r e f u n d s . , ' " "
. 6 - 4 - 1 0 0 : p r o v i d e s f o r c h a n g e s a s
n e e d e d i n w a t e r a n d s e w e r r a t e s a n d c h a r g e s b y
r e s o l u t i o n . ' .
6 - 4 - 1 2 0 : u s e o f w a t e r o r s e w e r
f o r a n y p a r t o f a m o n t h s h a l l b e b i l l e d a s a w h o l e .
M o n t h . . . " " " "
6 - 4 - 1 3 0 : p r o v i d e s t h a t c h a r g e s
f o r w a t e r " a n d / o r _ s e w e r s e r v i c e a r e t o b e b i l l e d
d i r e c t l y t o t h e p a r t y , o r p a r t i e s c o n t r a c t i n g , a n d
i n t h e a b s e n c e o f a c o n . ' k " _ . . . m , _ . r .
F e l l a p a r t i e s o c c u p y i n g t h e F e l ^ ��
f o r s e p t a g e d u m p i n g s h B o 5 , f
T r e a s u r e r o n a " r e g u l a r b a s S . 1 v r
p a i d i r e ' s u b j e e t t o p e n a l t i S m o r d
t h a t t h e C i t y T r e a s u r e r m 3 r "
d e p o s i t . . .
6 - 4 - 1 4 0 : ' - , , . , V
w a t e r l a t e f i x e d f r o m t i m e r
u o n e o l i q n d l o 3
and the procedure for accomplishing such in-
stallations both in the future and by retrofitting.
Provides that City shall pay for and perform
retrofit. Provides sanctions for refusal of owner
to permit City to do the work. Provides for
protection of meters from freezing, and other
installation specifications. It assigns various
responsibilities to the owner or to the City.
6-2-180: provides that Public
Worts Director is to notify Treasurer of new
turned -on premises, and for inspection. .
6-2-190: provides formeterread-
ing and record keeping.
6-2-200: provides that meters are
the property of the City and shall not be re-
moved from the service except for specified
purposes.'
6-2-210: provides for repair of
meters damaged so as to be the responsibility of
the customer, and for billing and sanctions for
nonpayment.
6-2-220: limits possession and
use of street keys, provides for leaving water
shut off on all premises which are newly con-
nected with the City system, and in the condition
in which it was found in all other cases, each
plumber performing work to promptly report
the status of shut-off to the Public Works Di-
rector. Plumber to make neces sary applications,
and comply with this Chapter. In case of the
failure of any plumber to properly comply, the
, Public Works Director may remedy, and shall
back -charge the property owner, and no water
shall be tumed on until charges have been paid
' in full.
6-2-230: prohibits irrigating or
sprinkling during any fire in the City except for
• the protection of property from fire.
6-2-240: provides that the water
may be shut off by the City for repairs or other
necessary purposes, and the City shall not be
liable for any consequential damage. Regu-
lates water storage and valve conditions in
boilers and like facilities. Prohibits leaving a
house empty with the faucets open.
6-2-250: prohibits directing wa-
ter onto sidewalks or persons, and provides
sanction.
6-2-260: prohibits waster of wa-
ter, and provides sanctions.
6-2-270: prohibits any person,
except the Public Works or the Fire Depart-
ment, to open, close, operate, tum on, tum off,
of the Council shall be transferred into the
Water Capital Improvement Fund.
6-4-150: provides for water tum
on fee, for water tum off fee, both in the amount
set by the City Council by resolution, and that
the full rate is to be charged for the month in
which service is tumed on or discontinued.
6-4-160: • requires responsible
persons to permit Public Works Department
free access at all reasonable hours to any or all
parts of buildings or premises supplied with
water, for making records, readings, and in-
spections -of pipes, fittings, valves, cocks,
fixtures and appliances, and noting the amount
of water used and the manner in which it is
used. Violation of this provision, or the abuse,
threatening orintimidauon of any officer of the
Public Works Department, may result in the
shutting off of the water, and the imposition of
the usual penalties, in addition to punishment
for violation of this Chapter.
6-4-170: provides that the con-
sumer shall be charged on an estimate in the
event of a broken meter.
6-4-180: provides for testing of
meters and prohibits their being removed or in
any way disturbed, or the seal being broken,
except in under direction of the Public Worsts
Director.
6-4-190: provides for response to
result of tests.
6-4-200: provides that nothing in
this Chapter shall affect right to discontinue
water service for nonpayment of water charges.
6-4-210: provides for due date of
bills, delinquency, and penalty.
'6-4-220: provides that water
turned off because of delinquency shall not be
tumed on until all charges are paid.
6-4-230: provides for monthly
service charge set by resolution of the Council,
and for notation of the same on bills.
6-4-240: provides for claims for
adjustment , procedure, and that no one has
authority to correct or adjust any bill, except the
Mayor and Council.
6-4-250: permits the City Coun-
cil, at its discretion, to provide relief, for good
cause shown, to a water and/or sewer user by
determining a differential between the usual
rate and the allowed' rate, or by waiving a
penalty, to be reimbursed from the General
Fund; and provides a procedure.
6-4-260: provides a procedure