[R.O. 2009 § 700.001; R.O. 2007
§ 700.001; Ord. No. 1722, 1-8-1998]
A.
It is hereby found, determined and declared
to be necessary for the public health, safety, welfare and benefit
of the City of Bolivar, Missouri, and its inhabitants, that the existing
waterworks system of said City and the existing sewerage system of
said City, and all future improvements and extensions thereto, be
combined and that they shall henceforth be operated and maintained
as a combined waterworks and sewerage system.
B.
From and after January 8, 1998, the existing
waterworks system of the City of Bolivar, Missouri, and the existing
sewerage system of said City, and all future improvements and extensions
thereto, whether to the sewerage system or to the waterworks system
or to both, shall be and the same are combined and it is hereby declared
that said sewerage system and said waterworks system, and all future
improvements and extensions thereto as aforesaid, henceforth be operated
and maintained as a combined waterworks and sewerage system.
[R.O. 2009 § 700.005; R.O. 2007
§ 700.005; Ord. No. 2659, 10-12-2006]
A.
This Chapter shall apply to each and every
connection to, or extension of, the City of Bolivar Water Distribution
System and Sewage Disposal System which is proposed to be made by
any person as herein defined. By way of example, but not of limitation,
it shall apply to all extensions of a service pipe, line or plumbing
across a public street or alley, across or in a public or private
water or sewer easement, and across the line of a lot, a zoning lot
or a lot of record (whether or not owned by the same or different
persons); and to all connections or taps to such systems for the purpose
of extension of mains or of distribution or disposal lines or the
connection of service lines; and taps of any type for any purpose.
It shall be applicable to any extension, connection or tap of a line
carrying public water or disposing of sewage through the City sewage
treatment plant, excepting only those extensions, connections or taps
to service lines located wholly on a lot, a zoning lot or a lot of
record for the purpose of providing or improving, water or sewer service
to such lot or the buildings or structures located or to be located
thereon.
B.
For the purposes of this Title, certain
words and phrases shall be defined, interpreted and construed as follows,
unless the context clearly indicates to the contrary:
- BUILDING and STRUCTURE
- Shall have the same meaning as defined in Section 410.030, Chapter 410, Zoning Regulations, of the Code of the City of Bolivar.
- CONNECTION
- The addition, repair or maintenance of any water or sewer service line to the water distribution or sewage disposal system of the City of Bolivar. "Extension" shall mean any extension of a water distribution main or line which carries, or is capable of carrying, public water from the City of Bolivar water supply or storage facilities to one (1) or more users or fire hydrants; and any extension of a sewage disposal main or line which carries, or is capable of carrying, sewage from one (1) or more users to the City of Bolivar treatment and disposal plant. "Tap" means any cut into the City of Bolivar water distribution system or sewage disposal system or the joining or connection of any plumbing, fitting, pipe or line of such systems.
- DIRECTOR
- The Public Works Director or any successor to that position.
- LOT
- A lot, a lot of record or a zoning lot as defined by Section 410.030 of Chapter 410, Zoning Regulations, of Code of the City of Bolivar, as the context or circumstances shall require. In the case of a parcel of ground located outside of the corporate limits, it shall mean a parcel of land occupied or intended for occupancy by one (1) main building or a complex of adjoining buildings together with accessory structures, open spaces and parking, and whether bearing a lot or tract number or letter of a recorded subdivision plat or described by metes and bounds. For the purposes of these Chapters, a parcel of ground with common owners may include more than one (1) lot, if developed or being developed by separate main buildings or a complex of adjoining building.
- PERSON
- Any natural person; and shall also include any proprietorship, association, general or limited partnership, corporation (including, but limited to, those organized for profit, not-for-profit, as a benevolent, charitable or educational association or under any professional corporation law), limited liability company, political subdivision of the State of Missouri, any agency of the United States, the State of Missouri, any County or other political subdivision, and any other entity having a legal identity separate from a natural person. Use of the singular shall mean the plural if the context so requires, and vice versa.
- SEWAGE DISPOSAL SYSTEM or SEWER SYSTEM
- All mains, pipes, lines and fittings, and all other appurtenances to any such main, pipe, line or fitting which carry or are capable of carrying sewage (whether located within or outside of the corporate limits of the City of Bolivar, Missouri); and the City of Bolivar sewage treatment and disposal plant and facilities. It shall not include those service lines, fittings and related appurtenances located entirely within the boundaries of a lot, that are installed and used solely to carry sewage from such lot or a building or structure located thereon, to the junction of such internal service lines to sewage disposal system lines or mains which are located beyond the boundaries of such lot; or which are not used, and are not capable of being used, for the collection and disposal of the sewage of other users or if they are, such lines have been privately installed and have not been dedicated to, or accepted by, the City.
- STANDARDS OF CONSTRUCTION or STANDARDS
- Those materials, designs and workmanship specifications, conditions and requirements for water and sewer construction (or any other public improvement) as are adopted by the Director and approved by the Board of Aldermen. The phrase shall refer to those standards of construction in effect at the time an application for a permit to make an extension, connection or tap to the City of Bolivar is filed. The standards of construction may be adopted, amended, supplemented, repealed and readopted from time to time as the Director, with the approval of the Board of Aldermen, shall deem necessary to assure that all new water and sewer construction meets the requirements of all applicable State or Federal laws and regulations and complies with high standards for materials and workmanship to assure, to the maximum extent possible, that all new construction protects the public health and welfare; minimizes repair and maintenance requirements; and is designed and constructed so as to maximize the usable life of such facilities.
- STANDBY USER
- The owners and occupants of all buildings or other structures which are connected with the water distribution system and receive standby water service and/or use water therefrom in connection with a pressure firefighting sprinkler system designed to use water in case of fire.
- USER
- Shall have the meaning set forth in Section 710.020 of the Code of the City of Bolivar, as amended by this Chapter or as it may hereafter be amended from time to time.
- WATER DISTRIBUTION SYSTEM or WATER SYSTEM
- A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days per calendar year. Such system includes any collection, treatment, storage or distribution facilities used in connection with such system.
[R.O. 2009 § 700.010; R.O. 2007
§ 700.010]
A.
No person shall make any extension or connection to the City of Bolivar water distribution system or sewage disposal system without first obtaining the approval of the City and, in the case of a subdivision as defined in Section 415.010(B) of Chapter 415, Subdivision Regulations, of the Code of the City of Bolivar or a lot split as defined in Section 415.040 of said regulations, the City Planning and Zoning Commission.
B.
Notwithstanding any of the previous provisions
of this Section or contrary provisions of this Chapter, no approval
shall be granted to any person to make any extensions to the City
of Bolivar water distribution or sewage disposal systems into areas
that are not within the corporate limits of the City of Bolivar, Missouri,
unless such approval is granted by an affirmative vote of no less
than three-quarters (3/4) of the entire Board of Aldermen after considering
any exigent circumstances that may exist that justify an extension
of the water and/or sewer systems beyond the corporate limits of the
City of Bolivar or as to those lines that currently exist outside
of the corporate limits of the City that justify further extensions
of those lines.
[R.O. 2009 § 700.020; R.O. 2007
§ 700.020; Ord. No. 2659, 10-12-2006]
A.
All applications for water or sewage system
extensions shall be accompanied by engineer's drawings, and shall
otherwise comply with the requirement of the City zoning and subdivision
regulations. The City Planning and Zoning Commission may adopt and
amend such form or forms of application as it deems necessary to obtain
the information required to fully and completely evaluate the request
for permission to make extensions.
B.
All applications for water or sewer system
connections or taps shall be submitted, in writing, on such form or
forms as may, from time to time, be specified by the Public Works
Director.
[R.O. 2009 § 700.030; R.O. 2007
§ 700.030; Ord. No. 1222 § 1, 8-13-1992; Ord. No. 1329, 11-11-1993; Ord. No.
2384A, 5-9-2003; Ord. No. 2647, 9-14-2006; Ord. No. 2659, 10-12-2006; Ord. No. 2792 § I, 4-10-2008; Ord. No. 3030 § I, 3-15-2012]
A.
In addition to all other requirements of
the Missouri Revised Statutes, the Missouri Code of State Regulations
and the Code of the City of Bolivar, all as now in effect or as they
may hereafter be amended from time to time (including the City zoning
and subdivision regulations); and the rules and regulations of the
of the Board of Aldermen, the Planning and Zoning Commission or the
Public Works Director, approval to make extensions, connections or
taps of any kind to the water and sewer systems of the City of Bolivar
shall be granted only if each of the following (as applicable to a
particular case) are met:
1.
All work shall be done only with
materials allowed by the standards of construction as from time to
time revised or as may be otherwise approved by the Board of Aldermen
if special circumstances or conditions exist which require or justify
a variance from the standards in a particular case and in strict accordance
with all requirements for workmanship set forth in the standards.
2.
All extensions shall be located only
in easements duly and lawfully granted to the City of Bolivar; and
the person making such extension or the owner of record of the property
through which the easement runs (if different than the applicant for
extension) must agree to dedicate the lines and all appurtenances
thereto, upon completion of installation and approval by the City,
to the City of Bolivar on such forms as may be approved by the City
Attorney.
3.
All lines proposed to be installed
shall be of sufficient size to serve both the specific area proposed
to be served and the total area which may potentially be served by
the proposed system.
4.
All water or sewage mains or lines
that are to be located in street or alley rights-of-way must be placed
back of curbs, and service lines stubbed out across the street prior
to street construction or repair, and all other facilities (including
meters) must be installed in such locations as may be approved and
authorized by the approving authority.
5.
All lots for which new service is to be made, and all lots for which existing service requires repair at the curb or property line, shall have separate service pipe installations, curb stops, curb boxes and water meters (with all required fixtures and appurtenances) installed as a part of, and as a condition to, the granting of a permit for an extension, connection or tap or in conjunction with the repairs. These facilities must be installed at the cost of the property owner, but dedicated to the City who, after acceptance of the same, will assume responsibility for their maintenance and repair. In case the City makes the repairs on property without metering facilities or in the event that the property owner of property without metering facilitates no later than December 31, 1994, requests that the City install metering facilities on said property, the City may install such facilities and charge the property owner with the cost of materials and with labor and machine time in accordance with a "Labor, Parts and Machine Time Cost Schedule" which shall be adopted by the Director of Public Works and approved by the Board of Aldermen from time to time, and which shall be based upon the City's cost for materials, labor and machinery, including benefits, overhead and depreciation consistent with the market price for such costs in the private sector for like services. These charges will be billed by the Water and Sewer Collector, and payment shall be due by the 15th day of the month following billing; provided the account will not be delinquent if one-twenty-fourth (1/24) of the principal amount of the bill (plus interest, if any, added thereto pursuant to the provisions of the following sentence) is timely paid. Any principal not paid by the 20th day of the month shall bear interest at the rate of three-fourths of one percent (0.75%) per month. An account for metering facilities installation charges which becomes delinquent shall be referred by the Collector to the Director who shall, after ten (10) days' written notice, cause the water services to such property to be disconnected as in the case of a delinquent water or sewer account under Section 710.055 of the Code of the City of Bolivar and shall not be reconnected until all costs and fees as provided by said Section are paid.
6.
Except as otherwise specifically provided in this Chapter or in Chapter 710 of the Code of the City of Bolivar, all users occupying any residential, business, professional, service, commercial, industrial or other type of property whatsoever shall have separate service pipe installations, curb stops, curb boxes and water meter installations, including meters, installed and working by December 31, 1995. All installations shall be installed so as to comply with the standards.
7.
In the event any extension, connection
or tap which is approved pursuant to the provisions of this Chapter
shall require digging across or into a public road, street or alley,
the person submitting the application for such extension, connection
or tap shall, prior to beginning construction, deposit with the City
Clerk a cashier's check or cash or shall deliver a surety bond with
good and sufficient sureties approved by the City Attorney in the
minimum amount of five hundred dollars ($500.00) and in such greater
amount as the Director may require after considering the nature and
extent of the damage to such road, street or alley. The condition
of such deposit or bond shall be that the person granted the permit
shall, upon completion of construction, restore that part of the road,
street or alley which is destroyed or damaged by the construction
so as to meet the minimum standards for street construction as required
in the case of new street construction in subdivisions, as those standards
may from time to time be adopted by the Director with the approval
of the Board of Aldermen. Said bond shall further be conditioned upon
the completion of the construction and repair of the roadway, street
or alley within such reasonable period of time as the Director may
determine after considering the nature and extent of the anticipated
damage or destruction to City rights-of-way, the time of year, and
such other factors as he/she deems relevant.
8.
All applications to make extensions
to the water distribution or sewage disposal systems shall be accompanied
by a permit and inspection fee of seventy-five dollars ($75.00) to
defray a part of the costs of issuing the permit and inspecting the
work upon completion. All applications to make connections or taps
to the water distribution or sewage disposal systems shall be accompanied
by a permit and inspection fee of thirty-five dollars ($35.00) to
defray a part of the costs of issuing the permit and inspecting the
work upon completion. In addition to the permit and inspection fee
mentioned in the preceding sentence, each applicant to connect to
the City's sewage disposal system shall pay a capacity fee of three
hundred dollars ($300.00). Such fee shall accompany the application
to make a connection to the City's sanitary sewage disposal system,
and no permit shall be issued until such fee has been paid, in addition
to all other required fees and deposits required by this Section.
Said fee shall be deposited into a restricted fund to be used only
for capacity-related projects.
9.
The holders of all work permits issued
under this Chapter must agree to notify the Director or his/her designee
at least twenty-four (24) hours in advance of the commencement of
any work under such permit, and the Director or his/her designee must
be granted unobstructed access to the work site at any time during
the continuance of such work. No work authorized by the permit shall
be backfilled or covered until the Director or his/her designee shall
have inspected and approved such work.
[R.O. 2009 § 700.035; R.O. 2007
§ 700.035; Ord. No. 1660, 6-12-1997]
A.
All materials used in the construction,
expansion, modification or improvement of a public water system or
customer water system within the City of Bolivar, Missouri, shall
be lead-free. However, this Section shall not apply to leaded joints
necessary for the repair of cast-iron pipes.
B.
Any customer water system constructed,
expanded, modified or repaired after June 12, 1997, and that is connected
to the public water system for the City of Bolivar, Missouri, and
later found to contain materials that are not lead-free shall have
the water meter removed or otherwise have the service line severed
from the public water system of the City of Bolivar, Missouri, when
the supplier of water is so ordered by the City of Bolivar, Missouri,
or the State of Missouri. The requirements of this Section shall not
apply to any customer water system previously served by a water system
other than a public water system.
[R.O. 2009 § 700.040; R.O. 2007
§ 700.040]
A.
All extensions, connections or taps to
the water distribution system or sewage disposal system after approval
shall have been granted for the same by the required authority and
all installations of metering facilities shall be made only by employees
of the City of Bolivar, Missouri, or by an "approved contractor" (sometimes
hereinafter referred to a "contractor"). A person may become an approved
contractor by completing an application for that purpose as prescribed
by the Director setting forth the work for which the applicant wishes
to be approved and establishing to the satisfaction of the Director
that he/she has the knowledge and ability by reason of training, education
or experience to perform work for which he/she seeks to become approved.
In considering such application, the Director shall consider (in addition
to his/her training, education and experience) the applicant's knowledge
of the plumbing trade, his/her familiarity with the types and qualities
of plumbing materials, his/her familiarity with the tools and equipment
necessary to perform the work for which he/she seeks approval, his/her
familiarity with elevation surveys, his/her ability to read and understand
engineering or design plans and specifications, his/her familiarity
with the requirement of the City with respect to extensions, connections
or taps, and such other factors as the Director deems necessary to
satisfy himself/herself that the applicant is able and capable of
performing the work for which he/she seeks approval in a manner that
meets or exceeds all requirements of the Code of the City of Bolivar,
all rules, regulations or standards adopted pursuant to the provisions
of the Code, and the statutes, rules and regulations of the State
of Missouri and of the United States. The Director shall either approve
such application as submitted, approve it in part or deny it. If approved
as submitted or in part, such person shall be placed on a list of
approved contractors to be maintained by the Director, which shall
also specify the limitations, if any, of such approval, whether such
limitations result from the application being limited to certain kinds
of work or from a partial approval. An applicant whose application
is either denied or denied in part may appeal such decision to the
Board of Aldermen within ten (10) days' receipt of such decision.
The appeal must be filed with the City Clerk in writing and must set
forth why the applicant believes the decision to be erroneous. Within
thirty (30) days after the date such appeal is filed, the Board of
Aldermen shall hold a hearing on the appeal and shall give the applicant
no less than seven (7) days' notice of the date, time and place of
such hearing. The hearing shall be informal, but the applicant may
testify, produce documents and produce the testimony of other persons
with knowledge of the facts in issue. The Board may adopt rules of
procedure to avoid delays and inconvenience to participants, consistent
with fairness and the right to a full hearing to the applicant. The
Board of Aldermen shall render its written decision within seven (7)
days of the date of the close of the hearing, and the Board's decision
shall be final for all purposes. If the decision is unfavorable to
the applicant either in whole or in part, he/she shall not refile
an application for approval for a period of six (6) months, and if
so refiled, it shall be summarily denied by the Director unless the
applicant shall demonstrate substantial efforts to correct the reasons
for the previous denial or limitation of approval.
B.
An approved contractor may be removed from
the approval list or the nature and extent of that approval may be
limited if, in the judgment of the Director, his/her work shall have
been significantly inconsistent with the standards for construction
of the City or any requirements of the Code of the City of Bolivar,
State laws or regulations or Federal laws or regulations. Notice of
removal or limitation, together with a statement of reasons for such
action, shall be given by the Director to the approved contractor
in writing. The contractor shall have ten (10) days after the receipt
of such notice to appeal the Director's decision to the Board of Aldermen
who shall proceed in the same manner as set forth above regarding
an initial full or partial denial of an application.
C.
Any notice required or authorized to be
given under this Section may be personally delivered or mailed, certified,
return receipt requested, to the last address of the applicant or
contractor known to the City. Receipt of such notice shall be deemed
for all purposes to have been made two (2) business days after the
date of mailing, whether or not such notice is actually delivered
or received.
[R.O. 2009 § 700.042; R.O. 2007
§ 700.042; Ord. No. 1659, 6-12-1997]
A.
Cross-Connections. No customer of the public
water system of the City of Bolivar, Missouri, shall cause or allow
the construction or maintenance of an unprotected cross-connection.
B.
Backflow Control By Containment.
1.
Class I Backflow Hazards. The customer
or the customer's authorized representative shall construct or install
an air-gap separation or reduced pressure principle backflow prevention
assembly approved by the Missouri Department of Natural Resources
on the customer service line.
[R.O. 2009 § 700.045; R.O. 2007
§ 700.045]
A.
It shall be unlawful for any person to use water from the water distribution system by tapping into said system without first making application for such service and complying with the provisions of Chapters 700 and 710 of the Code of the City of Bolivar as now in effect or as may be amended from time to time; or into the service lines of another user; or by running a hose or line from one lot to another lot (whether or not such lots have common ownership); or to draw water from any fire hydrant, other than City of Bolivar employees while in the performance of their official duties or City of Bolivar volunteer firemen as a part of their official duties; or to draw water from any public faucet or other outlet for any purpose other than personal use or consumption at the site of the faucet or outlet; or from the service provided to an authorized user whose service is not metered for any purpose other than personal use or consumption at the premises where it is drawn.
B.
It shall be unlawful for any person to use the sewage disposal system by tapping into such system or into the service lines of another user without first making application for such service and complying with the provisions of Chapters 700 and 720 of the Code of the City of Bolivar as now in effect or as may be amended from time to time.
[R.O. 2009 § 700.047; R.O. 2007
§ 700.047]
No establishment or user located
outside of the corporate limits of the City of Bolivar, Missouri,
not now connected with the City water or sewer distribution system
shall be connected thereto unless prior to such connection such user
shall have obtained the prior approval of the Board of Aldermen of
the City of Bolivar, Missouri, and shall have entered into a contract
with the City with respect to such usage.
[R.O. 2009 § 700.050; R.O. 2007
§ 700.050; Ord. No. 1356 § 1, 2-24-1994; Ord. No. 2791 § I, 4-10-2008; Ord. No. 2792 § III, 4-10-2008]
A.
It is hereby declared to be the duty of
each lot owner to keep all water or sewer service lines in good condition
and repair, so as to prevent leakage therefrom or backflow of contaminants
into the water distribution system. Specifically, it shall be the
duty of such lot owner to:
1.
Repair and maintain sewer service lines from and including the dwelling(s) and structure(s) that are or will be connected to the City's sewage disposal system up to the main/collection line. The provisions of this Subsection (A)(1) will apply even under circumstances where the main/collection line is beyond the lot or tract property line. For purposes of this Section, "repair and maintain" means that the lot owner will be responsible for all plumbing and labor or any other work necessary to keep the service line in good repair as provided for in this Section. Notwithstanding the foregoing provisions of this Subsection (A)(1), in the event that the main/connection line is located in a public street, or if it will otherwise be necessary to disturb a public sidewalk or street in order to properly repair or maintain a sewer service line, the City will: (i) be responsible for the cost and labor associated with the cutting and removal of street and sidewalk surfaces and for the costs and labor associated with replacement of street and sidewalk surfaces subsequent to repair or maintenance of the sewer service line as needed at any time of any day; and (ii) provide up to ten (10) tons of gravel towards the said repair and maintenance. The lot owner will at all times be responsible for all other costs and labor associated with the repair and maintenance of the sewer service line, including, but not limited to, costs and labor associated with plumbing.
[Ord. No. 3271 §§ I
– II, 3-22-2016]
2.
Repair and maintain sewer collection
lines which heretofore have been privately installed, which are not
in public easements, and which have not been dedicated to, and accepted
by, the City of Bolivar; and in the case of such lines which serve
the properties of multiple owners, it shall be the duty of each such
owner, jointly and separately, to repair and maintain such lines;
3.
Repair and maintain water service lines from and including the dwelling(s) and structure(s) that are or will be connected to the City's water distribution system up to the outlet side of meter facilities, if such meters are located inside the lot or tract property line and are at or within ten (10) feet of the street right-of-way; or up to the lot or tract property line if such meters are located outside the lot or tract property line. Notwithstanding the foregoing provisions of this Subsection (A)(3), in the event that it will be necessary to disturb a public sidewalk or street in order to properly repair or maintain a water service line, the City will be responsible for the cost and labor associated with the cutting and removal of street and sidewalk surfaces and for the costs and labor associated with replacement of street and sidewalk surfaces subsequent to repair or maintenance of the sewer service line; however, the lot owner will at all times be responsible for all other costs and labor associated with the repair and maintenance of the water service line, including, but not limited to, costs and labor associated with plumbing;
4.
Repair and maintain water service lines from and including the dwelling(s) and structure(s) that are or will be connected to the City's water distribution system up to the lot or tract property line if meters have not been installed within the lot or tract property line; or to the public water distribution line if the water service lines are connected to a private water distribution line (being privately constructed and not dedicated to, or accepted by, the City) which is, in turn, connected to a public water distribution line. Notwithstanding the foregoing provisions of this Subsection (A)(4), in the event that it will be necessary to disturb a public sidewalk or street in order to properly repair or maintain a water service line, the City will be responsible for the cost and labor associated with the cutting and removal of street and sidewalk surfaces and for the costs and labor associated with replacement of street and sidewalk surfaces subsequent to repair or maintenance of the sewer service line; however, the lot owner will at all times be responsible for all other costs and labor associated with the repair and maintenance of the water service line, including, but not limited to, costs and labor associated with plumbing.
B.
Should any water or sewer line not be maintained
so that there is water leakage of the public water supply or sewage
leakage which, but for the leak, would flow into the sewage disposal
system, it shall be the duty of the Director or his/her designee to
give written notice of the facts by ordinary mail addressed to the
owner of the property that is serviced by the line that is in faulty
repair at the address shown on the City utility records [or if the
owners name does not appear in said records, then to the owner(s)
at the address(es) of the property(ies) so served]. Such notice shall
further advise the owner(s) as to the apparent location of the leak,
that such line is the obligation of the owner to maintain pursuant
to the provisions of this Chapter, and that if the line is not repaired
so as to prevent leakage therefrom within ten (10) days from the date
of such notice, service to each user served by or through such line,
directly or indirectly, will be disconnected, and no service resumed
until the leak shall have been repaired, and the costs of disconnection,
reconnection and past due water or sewer bills paid, together with
any deposits then required by the Code of the City of Bolivar. Notwithstanding
the preceding sentence, the Director may order that service be immediately
disconnected if the volume of the leak is or may result in lower water
pressure for adjoining properties, cause a reduction in fire flow
or constitute a nuisance to adjoining property or public rights-of-way
or if the leakage constitutes or is reasonably expected to constitute
a health hazard to residents of, and visitors to, the area. In the
case of such an order, the City employees shall, as soon thereafter
as may be practical, proceed to disconnect all water service to the
property or properties serviced by the line which is leaking by any
available means. Reasonable effort shall be made to notify the occupants
of all property affected by the Director's disconnect order prior
to such order being implemented; but the inability to provide prior
notification shall not affect the right of the City to proceed in
the manner ordered by the Director. The Director or his/her designee
shall proceed as expeditiously as possible following an immediate
disconnect order to provide written notice by ordinary mail to all
property owners affected by the disconnection of the facts and advising
them that no water or sewer service will be resumed to the affected
property until the faulty line is repaired, and the costs of disconnection,
reconnection and past due water or sewer bills paid, together with
any deposits then required by the Code of the City of Bolivar.
C.
The "Labor, Parts and Machine Time Cost Schedule" currently in effect as adopted by the Board of Aldermen will be void upon the adoption and approval of a new "Labor, Parts and Machine Time Cost Schedule" by the Director of Public Works and the City Administrator as now provided for in the amended Section 700.030(A)(5) of the Bolivar City Code. However, the current schedule will remain in effect until such time as a new schedule can be adopted pursuant to the provisions of Section 700.050.
[R.O. 2009 § 700.055; R.O. 2007
§ 700.055; Ord. No. 3054 § I, 8-2-2012]
A.
The Mayor of the City of Bolivar, after
considering pumping capacity, water level in storage tanks, water
usage rates, and such other factors as may be deemed relevant, may
declare a Stage I, Stage II, or Stage III emergency, and when so declared,
no person shall use or draw water from the City's water distribution
system in violation of the restrictions on usage applicable to the
state of emergency declared by the Mayor.
B.
Prior to declaring a state of emergency,
the Mayor shall make and enter into the records of the City findings
of fact upon which he/she based his/her decision and shall thereupon
enter his/her order declaring an emergency, specifying whether the
emergency is of a Stage I, Stage II or Stage III type. He/she, and
all City agents, officers and employees upon whom he/she may call
for assistance, shall thereupon proceed to implement the provisions
of this Section as the conditions may require.
C.
The fact of the declaration of emergency,
the type of emergency, and the restrictions on usages applicable to
that type of declaration shall be disseminated to the general public
through the local broadcast and print media and in such other manners
as the Mayor may determine is reasonably calculated to inform the
residents of and visitors to the City of the declaration. If reasonable
efforts to bring the declaration of emergency to the public have been
made, considering the seriousness of the conditions, the time available,
and the media or means available for the dissemination of information,
lack of knowledge of the declaration of emergency shall be no defense
to a violation of this Section.
D.
As used herein, the phrase "Stage I emergency" means that it shall be unlawful to use water in any manner contrary to the provisions of Subsection (E) of this Section; however, the restrictions on water usage will only be applicable during those times and for those locations as designated by the Mayor in his/her written declaration of emergency as entered into the records of the City. In the event of a Stage I emergency, the designated times wherein water usage is restricted will be disseminated to the general public pursuant to the provisions of Subsection (C) above.
E.
As used herein, the phrase "Stage II emergency"
means that it shall be unlawful for water to be used from the water
distribution system for the watering of grasses, lawns, gardens, trees,
shrubs or similar vegetation by unattended means; to wash motor vehicles
of any type, trailers of any type, and other automotive or boating
equipment, except at a car wash that has, prior to the declaration
of the state of emergency, been issued a business license by the City
for that purpose; or to draw water from the City water system from
any faucet or outlet when such water is not being used for ordinary
and usual domestic, commercial or industrial purpose. The phrase "unattended
means" means the spraying, sprinkling, running or other spreading
of water on grasses, lawns, gardens, trees, shrubs or similar vegetation
except through a garden hose or similar device that is handheld and
directed by the owner or occupant of the premises upon which the water
is being used.
F.
As used herein, the phrase "Stage III emergency" means that it shall be unlawful to use water in any manner contrary to the provisions of Subsection (E) of this Section; and in addition thereto, it shall be unlawful to use water from the water distribution system for the watering of grasses, lawns, gardens, trees, shrubs or similar vegetation under any conditions or by any means; or to wash any motor vehicle, trailer or other automotive or boating equipment under any conditions or by any means, including at a commercial car wash.
G.
The Board of Aldermen, following the declaration
of an emergency of any stage by the Mayor, shall review the findings
of fact and declaration of the Mayor. After making such review, the
Board shall either confirm the actions of the Mayor, reduce the stage
of emergency or overturn the declaration in its entirety; provided,
however, that no action of the Board to reduce the stage of emergency
declared by the Mayor or to overturn a declaration of emergency shall
be effective unless such action is approved by the majority vote of
all of the members of the Board of Aldermen then elected or appointed
and serving on the Board. Further, no action of the Board in reducing
the stage of emergency or overturning the action of the Mayor in declaring
an emergency shall be a defense to a charge of violating the provisions
of this Section for acts which occurred after the declaration became
effective, but prior to its modification or reversal by the Board
of Aldermen.
H.
The Board of Aldermen may, following the
declaration of an emergency of any stage by the Mayor, and with a
majority vote of all of the members of the Board then elected or appointed
and serving, vote to temporarily increase the City's rates for water
usage, but only upon a finding that the increase in water rates is
necessary due to increased or reasonably anticipated increased costs
in providing water to the end users under the circumstances necessitating
the emergency. Any increase in water rates by the Board of Aldermen
pursuant to this Section must be reasonably related to and consistent
with the actual or reasonably anticipated increase in costs incurred
by the City in providing water to its end users due to the conditions
necessitating the declaration of emergency. A change in water rates
made under the provisions of this Section will continue until reversed
by action of the Board of Aldermen.
I.
The following additional provisions shall
be applicable to the provisions of this Section:
1.
A declaration of emergency made under
this Section shall continue in full force and effect unless and until
the stage of the declaration is increased or reduced (in which event,
the prior declaration shall be superseded as of the date and time
of the entry of the new declaration) or released by written order
of the Mayor or reduced or reversed by action of the Board of Aldermen.
2.
As used in this Section, the term
"heavy water user" means any end user of the City's water system that
is a commercial location using more than the average amount of water
(in gallons) for commercial locations within the City as calculated
at or near the time of the declaration of emergency.
3.
In declaring a state of emergency
at Stage I, II or Stage III, the Mayor may, if circumstances justify,
make the declaration applicable only for specified locations, hours
of the day, or for certain specified days. By way of example only,
the Mayor may designate that those residents with addresses ending
in "even" numbers may water their lawns unattended on Monday, Wednesday,
and Friday after 7:00 P.M.; and those residents with addresses ending
in "odd" numbers may water their lawns unattended on Tuesday, Thursday,
and Saturday after 7:00 P.M.; or that commercial operations designated
as "heavy water users" as defined in this Section may only water unattended
on certain days.
4.
No culpable mental state shall be required for a person charged with the violation of the provisions of this Section to be found guilty of such violation, but if a culpable mental state is charge and proven, the level of the offense shall increase in accordance with the provisions of Section 700.070 of this Chapter. Either the owner(s) or occupants(s) of the premises upon which such illegal use shall occur shall also be deemed guilty of a violation occurring upon any such premises, regardless of the person who shall have committed such illegal use. The preceding sentence shall not be construed as relieving the person actually making such illegal use from responsibility therefor.
5.
The water service of any person found
guilty of knowingly violating the provisions of this Section may be
disconnected from the water distribution system, and if so disconnected,
shall not again be reconnected until he/she shall have paid all costs
of disconnection, reconnection and shall have paid a civil penalty
of one hundred dollars ($100.00) which shall be placed by the City
Treasurer in the City Water Fund, together with all fines and costs
imposed or assessed by the Municipal Court.
[R.O. 2009 § 700.060; R.O. 2007
§ 700.060; Ord. No. 1389, 8-11-1994]
A.
The Board of Aldermen hereby finds and determines the health and welfare of the residents of the City of Bolivar are placed at risk by the uncontrolled proliferation of private water wells or sewage disposal systems. Therefore, except as provided in Subsection (C) of this Section, it is hereby declared to be unlawful for any person within the corporate limits of the City of Bolivar to use water from a private water well or to dispose of sewage by means other than through the sewage disposal system.
B.
It shall be the duty of the owners of all
property located within the corporate limits of the City of Bolivar,
Missouri, to connect all water distribution facilities and all sewage
disposal facilities located on any lot or in or about any building
or structure to the public water distribution system and sewage disposal
system, if a public main or line providing water or sewer service
is located within one hundred (100) feet of such lot, measured from
the outside boundary lines thereof. This shall include the owner(s)
of all lots which are now, or which may hereafter be, connected to
private water distribution or sewage disposal lines, which in turn
are connected to the water distribution system or sewage disposal
system. It shall be unlawful for the owner of any lot or tract of
land to fail to connect to such public lines within ninety (90) days
after notice from the Director to do so. Except as may otherwise be
provided by the Board of Aldermen, the cost of extending and/or connecting
to the water or sewer system shall be at the cost of the property
owner, and all procedures provided in this Chapter relating to extensions,
connections or taps shall apply to this Section. Notice to connect
shall be sent by the Director to the owners of the lot as determined
from the public records of the City of Bolivar and County of Polk
by certified mail to the last address shown for such owner by the
City of Bolivar Collector of Revenue, unless a later address is actually
known to the City. Failure to receive the notice, if mailed in compliance
with this Subsection, shall not be a defense to any action brought
hereunder.
C.
This Section shall not apply to:
1.
Any existing zoning lot, the outside
boundaries of which are located in excess of one hundred (100) lineal
feet from the nearest public water main or line or one hundred (100)
lineal feet from the nearest public sewer main or line;
2.
To a water well used for the purpose of operating a "ground source heating and cooling system" in compliance with the provisions of Chapter 515, Ground Source Heat Pumps, of the Code of the City of Bolivar or as such Chapter may hereafter be amended from time to time;
3.
To private water wells which are
now in existence; those that may hereafter be lawfully drilled where
no public service is available; and those in newly annexed areas;
provided, that any such well which contaminates the public water supply
is hereby declared to be a public nuisance and, if not repaired or
sealed in accordance with regulations of the Department of Natural
Resources within ten (10) days following demand by the Director, its
continued use shall be deemed an ordinance violation, in addition
to being subject to injunctive relief; and provided, further, that
nothing contained herein shall be construed so as to require the Planning
and Zoning Commission or the Board of Aldermen to approve a proposed
subdivision of land or a lot split if public water and sewer service
is not available or is not to be made available by the owner or developer
of said land, except as may otherwise be authorized by the subdivision
regulations of the City of Bolivar, Missouri, and subject to such
conditions as may be imposed by the Commission or the Board pursuant
to such regulations.
D.
The notice provided by Section 700.060(B) to be given by the Director to the owner of any lot or tract of land connected to a private water well shall also include notification to the owner that, prior to the property being connected to the public water supply system, the owner of such lot or tract of land must submit the following information, in writing, to the Director within the ninety-day period set forth in such notice, to wit:
1.
The location of all private wells.
2.
An attestation and certification
that:
a.
Known abandoned wells on the property
have been plugged; or
b.
There are no known abandoned wells
on the property;
c.
Any abandoned wells will be plugged
within ninety (90) days from the date of the attestation and certification;
or
d.
The existing well will remain in
use in lawful compliance with the provisions of this Chapter and will
be properly plugged when no longer used.
It shall be unlawful for the owners of any lot or tract of ground upon which an unused or abandoned well is or, upon connection to the public water supply system, will be unused or abandoned to fail to provide the information required by this Section; or to fail or refuse to plug the same in compliance with 10 CSR 233.110. Nothing contained in this Section shall be construed so as to render lawful the continued use of a private well after the notification period provided by Section 700.060(B); and compliance with the provisions of this Section shall be deemed and construed to be an integral part of connecting to the public water supply system in compliance with this Section.
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E.
It shall be unlawful for the owners of
any lot or tract of ground within the corporate limits of the City
of Bolivar, Missouri, that is not required by this Section to dispose
of the sewage from such lot or tract through the sewage disposal system,
to dispose or to permit the disposal of such sewage except through
an approved sewage disposal system. An approved disposal system is
one which is approved for that lot or tract of ground by the Missouri
Department of Natural Resources or by the planning and zoning regulations
of the City of Bolivar or by the standards of construction adopted
by the Director after approval of the Board of Aldermen. In the event
of a conflict between the regulations of the Department of Natural
Resources, the planning and zoning regulations and the standards of
construction, the most stringent of those regulations or standards
shall govern.
[R.O. 2009 § 700.065; R.O. 2007
§ 700.065]
It is the intention of Sections 700.010 through 700.050 to supplement and expand the provisions of the City of Bolivar zoning regulations relating to municipal water and sewer services. The provisions of those regulations and the provisions of this Chapter shall be construed so as to be consistent, insofar is possible. In the event of an irreconcilable conflict, the most stringent provisions shall govern so as to best protect the health and welfare of the residents of the City.
[R.O. 2009 § 700.070; R.O. 2007
§ 700.070; Ord. No. 1209 § 1, 5-27-1992]
A.
Except as otherwise provided, any person found guilty of a violation of any of the provisions of this Chapter shall be deemed guilty of an ordinance violation and be punished as provided by Section 100.220 of this Code. Any person found guilty of a violation of Section 700.055 shall be deemed guilty of an infraction if no culpable mental state is alleged or, if alleged, is not proven. Any person found guilty of knowingly violating the provisions of Section 700.055 shall be deemed guilty of an ordinance violation and shall be punished as provided by Section 100.220 of this Code.
B.
Any violation of this Chapter which is
continuing in nature shall be deemed a separate offense for each day
that such violation continues.
[R.O. 2009 § 700.080; R.O. 2007
§ 700.085; Ord. No. 2698, 3-8-2007]
The Director of Public Works and
Zoning Administrator after consultation with the City's Building Inspector
and qualified professional engineers may from time to time propose
minimum construction standards relating to all connections to or extensions
of the City water distribution system or the City sewage disposal
system to the Board of Aldermen of the City of Bolivar. Such standards
may include minimum requirements for repairs and provisions relating
to water pits and water meters, manholes and all other features that
are directly or indirectly related to water distribution or sewage
disposal systems. Upon approval of said proposed standards by the
Board, no developer, contractor or other third party shall thereafter
make connections to, extensions of or repairs to the water distribution
system or sewage disposal system except in strict compliance with
the requirements of said standards.