Cross Reference — As to Identity Theft Prevention Program, see §130.065.
[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. 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 of the City of Bolivar zoning and subdivision regulations.
- 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 the City of Bolivar zoning regulations, 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 fire-fighting sprinkler system designed to use water in case of fire.
- USER
- Shall have the meaning set forth in Section 710.020 of the Bolivar Municipal Code, as amended by this Chapter or as it may hereafter be amended from time to time.
- WATER DISTRIBUTION SYSTEM OR WATER SYSTEM
- The City of Bolivar wells or other sources of water supply; pumps; water treatment facilities; water towers or other storage systems; and all mains, pipes, lines, fittings, water meters and water meter facilities, and all other appurtenances to any such main, pipe, line, fitting, meter or facility, which carry or are capable of carrying or measuring public water supply (whether located within or outside of the corporate limits of the City of Bolivar, Missouri) excepting only those service lines, fittings and related appurtenances located entirely within the boundaries of a lot a zoning lot or a lot of record that are installed and used solely to carry water within such lot and to the buildings or improvements located or to be located thereon; or which do not, and are not capable of, carrying water to any other such lot or if they do, such lines have been privately installed and have not been dedicated to, or accepted by, the City.
[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 the Bolivar Subdivision Regulations 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 (¾) 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. 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. 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 Bolivar Municipal Code,
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 fifteenth (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 twentieth (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 Bolivar Municipal Code 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 Bolivar Municipal Code, 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. 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. 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 Bolivar Municipal Code, 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 Bolivar Municipal Code, 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. 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. 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 Bolivar Municipal Code 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 Bolivar Municipal Code as now in effect or as may be amended from time to time.
[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. 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 paragraph 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
paragraph, 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 paragraph, 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 paragraph, 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 Bolivar Municipal
Code. 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
Bolivar Municipal Code.
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(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. 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. 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 paragraph, 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 of the Bolivar Municipal Code 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 (90) 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.
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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 paragraph; or to fail or refuse to plug the same in compliance with 10 CSR 233.110. Nothing contained in this paragraph 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. 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. 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. 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 (3rd) 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.
