City of Lake Ozark, MO
Miller County
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Table of Contents
Table of Contents
Editor's Note — Ord. no. 2008-21 §1, adopted May 27, 2008, repealed ch. 705 "sewer service charges — user charge system" and enacted new provisions set out herein. Former ch. 705 derived from ord. no. 95-1 Art. 1 — 9, 4-11-1995; or. no. 95-14 §§1 — 2, 11-14-1995; ord. no. 96-6 §§1 — 2, 5-28-1996; ord. no. 97-1 §1, 1-14-1997; ord. no. 97-14 §1, 7-1-1997; ord. no. 97-19 §1, 10-14-1997; ord. no. 98-13 §§1 — 2, 5-12-1998; ord. no. 98-6 §§1, 3, 3-10-1998; ord. no. 98-21 §§1 — 2, 7-28-1998; ord. no. 99-12 §1, 5-25-1999; ord. no. 2000-26 §1, 11-14-2000; ord. no. 2001-28 §1, 9-25-2001; ord. no. 2001-6 §1, 3-27-2001; ord. no. 2002-12 §1, 6-25-2002; ord. no. 2005-04, 3-22-2005; ord. no. 2005-22, 6-28-2005; ord. no. 2006-34, 9-28-2006; ord. no. 2006-42, 11-28-2006.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
The City shall collect applicable utility services charges for the use of the services rendered by the water and/or sanitary sewage system from the owners or occupants of every building used for human occupancy or business activity, which is connected with the water and sanitary sewage system of the City or which discharges sanitary sewage, industrial wastes or other liquids, either directly or indirectly, into the sanitary sewage system of the City.
B. 
Residential and non-residential sewage service charges shall be based on a metered or flat rate structure and/or monthly base fees. The total cost shall be computed by applying the rates established by ordinance or latest schedule of utility charges and shall be payable as provided in this Chapter.
C. 
After January 13, 1987, there is assessed against and the City of Lake Ozark, Missouri, shall collect sewer service charges for having available the use and services to be rendered by the sanitary sewage system from the owners or occupants of every building used for human occupancy which should be connected with the sanitary sewage system of the City of Lake Ozark under the provisions of Section 705.010(A) of this Chapter.
D. 
The Board of Aldermen of the City of Lake Ozark, Missouri, hereby finds and determines that the rates, fees and charges for the use and services or availability of the use and services of the water and sanitary sewage system, which will be necessary and adequate to provide for the debt service, maintenance, operation and improvement of such sanitary system, at the time of the passage hereof, are as hereinafter specified provided that said charges may be subject to changes so as to continue to be adequate for said purposes all as required by the bond covenants of the outstanding water and sewer revenue bonds.
[Ord. No. 2008-21 §1, 5-27-2008]
Revenues obtained from utility user charges shall be deposited in, and expenditures dispersed from, accounts as established by City Code and by bond ordinances.
[Ord. No. 2008-21 §1, 5-27-2008; Ord. No. 2011-18, 8-23-2011]
A. 
Residential Base Rates. Except as otherwise provided, water and sewage service charges shall be based on the established volumetric rates (usage rate), as adopted by ordinance or schedule of charges and changed by the Board of Aldermen from time to time, plus the base service charge (minimum monthly rate). Both the water and sewer base charges shall be established for each service for metered customers as set by ordinance or by the latest schedule of utility charges. There shall be a base fee per unit for water service to all multi-residential properties (apartment complexes, duplexes, condominium buildings, etc.) that are not individually metered.
B. 
Base Rates Commercial. Except as otherwise provided, water and sewage service charges shall be based on the established volumetric rates (usage rate), as adopted by ordinance or schedule of charges and changed by the Board of Aldermen from time to time, plus the base service charge (minimum monthly rate). Both the water and sewer base charges shall be established for each service for metered customers as set by ordinance or by the latest schedule of utility charges. There shall be a base fee per unit for water service to all multi-commercial properties (multi-unit office and retail complexes, etc.) that are not individually metered.
C. 
Deposit Required For Service. Before water and/or sewer service is provided for any new account, and subject to requirements Section 705.140 related to landlords, the applicant shall deposit with the City Clerk or designee a fee in the amount of seventy-five dollars ($75.00) (one hundred twelve dollars fifty cents ($112.50) for applicants outside of the City) for residential property and three hundred dollars ($300.00) (four hundred fifty dollars ($450.00) for applicants outside of the City) for commercial property. If a customer timely pays his utility bills to the City for a one (1) year period, the security deposit may be refunded to the customer at the discretion of the City Clerk or his/her designee. The City may at its discretion apply all or part of any security deposit toward payment of the customer's utility account if it is considered delinquent. Any funds on deposit when service is discontinued shall be first applied toward any unpaid bill of the customer with the balance, if any, being paid to the customer.
D. 
Water Rate Schedule. The following shall be the water rate schedule for the City of Lake Ozark:
MONTHLY CUSTOMERS FEES
Water Rates
Commercial Rate
Residential Rate
Outside City
Deposit
Outside City Deposit
Base rate*
$21.78
$10.82
1.5 x rate
$75.00 (Res)
$112.50 (Res)
Usage rate**
.006567 per gallon
.005096 per gallon
1.5 x usage rate
$300.00 (Com)
$450.00 (Com)
*Base rate is applicable to all residential, commercial and industrial users of the City's water system. All multi-residential properties (apartment complexes, duplexes, condominium buildings, etc.) and multi-commercial properties (multi-unit office and retail complexes, etc.) not individually metered by unit shall be billed the base rate per unit plus the usage rate per gallon based on water consumption.
**Usage rate is charged per gallon of water consumption.
[Ord. No. 2008-21 §1, 5-27-2008]
User charges for facilities of combined types will be based on the number of units of each type.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
The determination of the number and class of users shall be made by inventory of existing users or as determined by the Public Works Director of the sewage collection system or other authorized representative of the City. The inventory of users shall be updated as needed, but as least annually.
B. 
The user charge rates established in this Chapter shall apply to all users, regardless of their location in the City's system.
C. 
The user charge rates as established herein shall be subject to change hereafter, as necessary, so as to provide for the debt service, maintenance, operation and improvement of the water and sanitary sewer system all as required by the bond covenants of any water or sewer revenue bonds outstanding.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
All users will be billed monthly. Delinquency will be in accordance with the policy established for non-payment of bills. In accordance with established City policy, non-payment may result in the termination of all utility services until such bill is paid.
B. 
It shall be the duty of the City Utility Clerk to notify the City Administrator and/or the Board of Aldermen of all such delinquent accounts and said City Administrator or the Board of Aldermen may proceed immediately to cause utility service(s) to each delinquent customer to be discontinued.
C. 
The variable rate sewer charge shall be applied to all metered users. "Commercial users" are defined as all users save and except for residences and town houses that have individually metered units.
[Ord. No. 2008-21 §1, 5-27-2008; Ord. No. 2011-18, 8-23-2011]
A. 
A "multi-residential property" is defined as any building or complex containing more than one (1) living unit, which does not have individual separated water systems for each unit subject to cutoff and includes apartment complexes or duplexes, triplexes, town houses, and condominiums with connected sewage systems. A "multi-commercial property" is defined as any building or complex containing more than one (1) office or retail space that is equipped with separate toilet facilities and it includes senior villas. For multi-unit properties served by a single water meter, there shall be a base fee per unit charge plus the usage rate per gallon based on water consumption.
B. 
The City shall prepare and render one (1) utility bill to each multi-unit property, which bill shall be computed by multiplying the number of units in each such complex or building by the applicable base rate per unit plus actual usage as set by ordinance.
C. 
In the event of non-payment of any such utility bill, the City shall be entitled to take any or all necessary collection procedures against the complex or building(s) as otherwise provided by ordinances and State law, including imposition of liens for unpaid sewage bills as well as cutting off water, sewer or garbage service to the complex or building(s) containing said multi-units.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
All billings for utility services may be hereafter billed directly to tenant at the owner's option, however, the owner of the property shall be responsible for the bill for utility service. The owner may be provided duplicate billing for such service, but shall apply, in writing, for such duplicate billing. "Duplicate billing" shall be defined as a copy of the bill sent to the owner, not as a separate charge, unless such billing becomes delinquent.
B. 
This billing procedure shall be effective January 1, 1996, and all property owners shall be notified as soon as possible, by the billing clerk, of any change in billing procedure in order that the property owners may, if they desire, recoup their utility charges from their tenants.
[Ord. No. 2008-21 §1, 5-27-2008]
Every property owner shall be responsible for any utility charges or fees left unpaid by any tenant of the premises served by the water or sewer utility and where the landlord or property owner fails to pay the utility charges, the City may refuse to provide any water service to the property with the delinquent charge even in the name of a subsequent tenant or new owner of the property.
[Ord. No. 2008-21 §1, 5-27-2008]
When a tenant is delinquent in payment for thirty (30) days, the City shall make a good faith effort to notify the owner of the premises receiving such service of the delinquency and the amount thereof. Any notice of termination of service shall be sent to both the occupant and owner of the premises receiving such service. When an occupant is delinquent more than ninety (90) days, the owner shall not be liable for sums due for more than ninety (90) days of service.
[Ord. No. 2008-21 §1, 5-27-2008]
The provisions of this Chapter shall be in full force and effect as of October 11, 2005, except that landlords will not be liable for unpaid delinquent utility bills incurred before the effective date of this Chapter, unless the utility customer remains a tenant of the landlord for ninety (90) days past the effective date of this Chapter. The provisions of this Chapter are severable as provided in Section 1.140, RSMo. Those provisions of this Chapter which establish an offense are subject to the general penalty provisions provided by law, that is a penalty of zero dollars ($0.00) to five hundred dollars ($500.00) or zero (0) to ninety (90) days in jail, or both a fine and a jail sentence.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
To assist landlords in determining that their tenants have responsibly paid their obligations, the City offers property owners the following options, which a landlord may select provided he does so in writing sent directly to the City Hall. In the absence of a written exercise of any of these options, the City shall continue its present billing and collection practices.
1. 
The City normally charges a utility deposit, as set forth in Chapter 715: City Water System, Section 715.040 and Chapter 705: Sewer Service Charges — User Charge System, Section 705.130. Any landlord may require that the deposit for his tenants be increased by one hundred percent (100%) as set forth in Chapter 715: City Water System, Section 715.040 and Chapter 705: Sewer Service Charges — User Charge System, Section 705.130 or by two hundred percent (200%) as set forth in Chapter 715: City Water System, Section 715.040 and Chapter 705: Sewer Service Charges — User Charge System, Section 705.130 and that utility service not be provided until the entire deposit is paid. (If the City should raise its utility deposit in the future, the one hundred percent (100%) or two hundred percent (200%) increases would be adjusted accordingly.) If the City should fail to follow this instruction, the landlord shall be relieved of that portion of the charge that would have been paid if the correct deposit had been charged.
2. 
The City normally permits a delinquent utility account to accumulate for weeks or even months past the due date, if it appears that the customer is making a reasonable effort to pay the account. Any landlord may request that any or all of his tenants be immediately disconnected from utility service upon failure to pay an account by the due date. If the City should fail to follow this request, the failure will not relieve the landlord of his obligation to pay the delinquent account. However, the landlord may elect Subsection (3) below and determine for himself that the City has followed his direction and notify the City of any failure.
3. 
Duplicate billing. Normal City practice is to only bill the tenant for the utility service provided. Upon written request the City will send a duplicate bill each month to the landlord, so the landlord can determine to his satisfaction that the bill is paid. It is the responsibility of the landlord to notify the City if this direction is not being followed. In absence of a prior complaint of no duplicate billing, the landlord shall not be excused from liability if the tenant fails to pay.
4. 
Written introduction of tenants. The City normally accepts oral instructions from a tenant directing that utility service be turned on at a landlord's property. Any landlord may instruct that no utility service will be provided unless the landlord sends with the tenant a written introduction and instruction to turn on the utility service.
[Ord. No. 2011-19, 8-23-2011]
A. 
Connections To City Utility Systems Required, When. Except as otherwise provided in this Section, the owner of any house, building, property or improvement which is used for human occupancy, employment, recreation or other purposes situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a water main, or wastewater sewer main connected to the treatment facility of the City, is required at the owner's expense to connect to such utility systems and to install suitable toilet facilities therein, and to connect such facilities directly to the proper utility system in accordance with the provisions of this Chapter, within ninety (90) days after the date of official notice to do so is given to the owner (by posting such notice in a local newspaper of general circulation within the City and by written notice sent to the owner via certified mail or personally served on the owner), provided that the water main or wastewater sewer main is within three hundred (300) feet of the property line.
B. 
Waiver Of Mandatory Connection Fees For One Year. Notwithstanding the provisions of Subsection (A) to the contrary requiring mandatory connection to the City's utility systems within ninety (90) days of official notice, the mandatory connection fees required by Sections 700.260 and 705.180 for connection to the City's utility systems shall be waived for three hundred sixty-five (365) days from the effective date of this Section for the owners of any existing house, building, property or improvement requiring connection to the City's utility systems where said property abuts on any street, alley, or right-of-way in which there is now located a water main or wastewater sewer main within three hundred (300) feet of the property line, provided however, said owners connect to the appropriate City utility system or systems within one (1) year of the effective date of this Section.
C. 
Connection Requirements For Certain Owners Of Existing State Approved Private Water Systems. Owners of any existing house, building, property or improvement requiring connection to the City's water system may continue to utilize a private water system, provided however, that such existing house, building, property or improvement shall connect to the City's water system, if available, in the following circumstances:
1. 
State approved well. Owners of any existing house, building, property or improvement served by an existing State approved well shall only be required to connect to the City's water system if said State approved well is damaged, destroyed, condemned or otherwise ceases to provide a safe and adequate supply of water and cannot be repaired or restored to a safe condition. For purposes of this Section, a "State approved well" is a well constructed to the standards established by the Missouri Department of Natural Resources for a "public drinking water supply".
D. 
Waiver Of Mandatory Connections For New Private Water Or Wastewater Systems For Up To Five Years. The Board of Aldermen, or the Utility Commission upon delegation of such authority, may by majority vote waive for a period of five (5) years the mandatory requirement for property owners of any existing house, building or improvement to connect to the City's utility systems where said property abuts on any street, alley, or right-of-way in which there is now located a water main or wastewater sewer main within three hundred (300) feet of the property line, provided said property owner has established to the satisfaction of the City that he/she has paid one hundred percent (100%) of the construction costs of a new private water or wastewater system. For purposes of this Section, a new private water system is one where the current property owner has had constructed, drilled or installed a private water well which provides potable water to any existing house, building or improvement used for human occupancy, employment, recreation or other purposes within the five (5) year period immediately preceding the effective date of this Section. For purposes of this Section, a new private wastewater system is one where the current property owner has had constructed or installed a septic tank which provides wastewater disposal for any existing house, building or improvement used for human occupancy, employment, recreation or other purposes within the five (5) year period immediate preceding the effective date of this Section. The waiver of the mandatory connection requirement permitted under this Section shall be limited to five (5) years from the date that the system was constructed or installed.
E. 
Restrictions On Waivers Of Connection Fees And Connection Requirement. The Board of Aldermen may not waive the connection fees or the connection requirement for connections to the City's utility systems under the following circumstances:
1. 
When construction is commenced after the effective date of this Section of any house, building or improvement requiring connection to the City's utility systems, said property owner must connect to the City's water and/or wastewater system(s) provided a water main or wastewater sewer main is within three hundred (300) feet of the property line of said property, and said owner must pay the applicable connection fees.
2. 
When property which is otherwise entitled to a waiver as provided by Subsection (D) above is sold or transferred, the new owner must connect to the City's water and/or wastewater system(s) within ninety (90) days of such sale or transfer and must pay the applicable connection fees.
3. 
When a water main or wastewater sewer main is extended or installed after the effective date of this Section such that it is within three hundred (300) feet of the property line of any existing house or other building requiring connection to the City's utility systems, said property owner must connect to the City's water and/or wastewater system(s) within ninety (90) days after the date of official notice to do so is given, and the applicable connection fees must be paid.
F. 
Waiver Of Unpaid Connection Fees. Any unpaid connection fees as of the effective date of this Section, which are owing by a property owner to the City pursuant to a written payment agreement that predates the effective date of this Section, are hereby waived provided that the property owner connects to the City's water and/or wastewater system(s) within ninety (90) days of the effective date of this Section.
G. 
Connections To Water Mains Or Sewer Mains, How. No person shall make any attachment or connection to the City's water mains or sewer mains without first obtaining a permit signed by the Public Works Director. All applications for permits shall be made upon forms furnished by the City Clerk or designee and shall state the location of the premises and the full name of the owner of the property. All taps shall be made by the City, and the fee for the tap shall be as established by the Public Works Director.
1. 
All applicants for utility service shall submit the completed written application for services desired at least seven (7) business days before said service installation is desired. Such application must include all relevant fees for consideration to go forward.
2. 
After such applications are received, the Utility Clerk shall forward the application(s) to the Public Works Director for review; however, no installation shall be made until the Utility Clerk issues a work order for the service installation.
3. 
The Public Works Department shall coordinate with the applicant the date and time of such installation at least two (2) business days in advance of such installation, unless an agreement is reached for a lesser time between both the Public Works Director and the applicant.
4. 
Following completed installation of authorized services, the Public Works Director shall submit to the Utility Clerk within forty-eight (48) hours, in writing, a listing of completed installations, complete with serial number (if applicable) of such devices, etc., for billing service fee initiation.
H. 
Connections To Sewer System, Type. All connections to the City's sewer system from homes, businesses, and other structures shall be a forced main system.
1. 
"Forced main system" is defined as follows: A pressured system consisting of grinder pumps, holding tanks, piping and electrical service panels and connections that grind and pump sewage into a common forced main in which pressure from one (1) or more individual units is used to convey sewage to gravity sewer mains.
2. 
Expenses for installation of connections to the forced main system shall be borne by the owner.
3. 
A forced main system may be replaced by a gravity flow addition if the City Administrator, Public Works Director and a competent professional engineer all agree that a gravity flow addition is financially feasible for a project area.
4. 
"Financially feasible", as referenced in Subsection (H)(3) above, shall mean that the cumulative connection fees for such installation shall pay one hundred percent (100%) or greater of all installation costs, which includes, but is not limited to, lift stations, line installations, and other material or contractor costs.
I. 
Two Premises On The Same Water Meter Prohibited. Except as allowed for existing condominiums, business parks, office buildings, and retail centers, no two (2) premises shall be allowed service on the same water meter. Any premises discovered to be illegally metered (more than one (1) user per meter) shall be subject to a five hundred dollar ($500.00) fine, and required to pay for all connection fees and deposits to establish service for each additional user. No single-family residence shall be allowed to have more than one (1) residence per water meter.
J. 
Failure To Connect. Any property owner who fails to connect to the City's water and/or wastewater system as set forth in this Chapter shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each twenty-four (24) hour period during which he or she shall neglect and refuse to comply with this Chapter. Nothing contained in this Section shall prohibit the City from seeking injunctive relief to compel a property owner to connect to the City's water and/or wastewater system. If such action is initiated, the property owner shall be liable for all costs, including reasonable attorney's fees, and that sum shall constitute a lien on the property.
[1]
Editor's Note — Ord. no. 2011-19, adopted August 23, 2011, repealed section 705.150 "voluntary and involuntary disconnections" and enacted new provisions set out herein. Former section 705.150 derived from ord. no. 2008-21 §1, 5-27-2008.
[Ord. No. 2008-21 §1, 5-27-2008]
When utility services to a premises has been terminated for any reason other that temporary vacancy, it shall be renewed at the premises only after the acceptance of a new application and when the conditions, circumstances or practices which caused the utility service to be discontinued are corrected to the satisfaction of the City and upon payment of all charges due and payable by the customer in accordance with the rates, rules and regulations, no customer whose service has been turned off shall turn on the same or have the same done by anyone other that the City. Water shall not be turned on to any premises unless there is at least one (1) adult person therein at such time to see that all water outlets in the premises are closed to prevent damage by escaping water.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
When it has been necessary to discontinue water service to any premises because of a violation of the rules and regulations or an account of non-payment of any bill, a charge of three dollars ($3.00) shall be made to partly cover the expense of turning on the water, except that the charge for any service turned on at the request of a customer after regular hours or on Saturdays, Sundays or holidays shall be at actual cost. This charge, together with any arrears that may be due the City for charges against the customer and any service deposit required by the City, shall be paid before the water shall again be turned on.
B. 
If, at the time of such discontinuance of service, the customer does not have a deposit with the City, the City may require a cash deposit as a guarantee of the payment of future bills before the water shall be turned on.
C. 
A three dollar ($3.00) turn-on charge is also applicable, if payment is made after the work crew has been dispatched to the premises to discontinue service for non-payment or other violations of this Chapter, and even though service is not actually discontinued, since the basic cost of discontinuing service has already been incurred.
D. 
If, at the time of such discontinuance of service, the customer does not have a deposit with the City, the City may require a cash deposit as a guarantee of the payment of future bills before the water shall be turned on.
E. 
A three dollar ($3.00) turn-on charge is also applicable, if payment is made after the work crew has been dispatched to the premises to discontinue service for non-payment or other violations of this Chapter and even though service is not actually discontinued, since the basic cost of discontinuing service has already been incurred.
[Ord. No. 2008-21 §1, 5-27-2008]
Every property owner shall be responsible for any utility charges or fees left unpaid by any tenant of the premises served by the water or sewer utility and where the landlord or property owner fails to pay the utility charges, the City may refuse to provide any water service to the property with the delinquent charge even in the name of a subsequent tenant or new owner of the property.
[Ord. No. 2008-21 §1, 5-27-2008]
When a tenant is delinquent in payment for thirty (30) days, the City shall make a good faith effort to notify the owner of the premises receiving such service of the delinquency and the amount thereof. Any notice of termination of service shall be sent to both the occupant and owner of the premises receiving such service. When an occupant is delinquent more than ninety (90) days, the owner shall not be liable for sums due for more than ninety (90) days of service.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
For those contributors who contribute waste water, the strength of which is greater than the normal domestic sewage, a surcharge may be considered if the regional treatment facility indicates such a charge to the City in addition to the normal user charge.
B. 
The surcharge to the user shall be the surcharge applied to the City plus fifteen percent (15%).
C. 
Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City's system or any user which discharges any substances which, singly or by interaction with other substances, causes identifiable increases in the cost of operation, maintenance or replacement of the system shall pay for such increased costs. The charge to each such user shall be determined by the treatment plant operator and approved by the Board of Aldermen.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
Application for utility services shall be made to the City Utility Clerk (Collector) by the owner or occupant of the property to be served and must be accompanied by applicable deposits. All connections must be made in accordance with the water and sewer use ordinance. By submittal of such application, applicant agrees to be and to remain in compliance with the City's duly adopted water and sewer ordinances. Upon approval of such application, the applicant shall have permission to connect with water and sewerage collection facilities.
B. 
After approval of the application, the issuance of a building permit, commencement of construction on the property and upon receipt of the connection cost, the City shall inspect and permit the connection to the system. The applicant will provide all lines to the point of connection with the system. No connection cost shall be levied against any unimproved lot until construction on the property shall have commenced, unless as otherwise provided in this Chapter.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
A one-time connect fee shall be levied upon each new water and sewer connection to the utility systems of the City of Lake Ozark, said fee to be paid prior to any hookup to City water or sewer system.
B. 
Calculation Of Connect Costs. It is the policy of the City of Lake Ozark that all City main service meters and main service lines be placed within the right-of-way adjacent to the private property served. The following are the terms and costs for allowing for connection to City services.
1. 
For single-family residential units, including villas or town homes, individually metered duplexes, triplexes or quadplexes, the cost shall be two thousand dollars ($2,000.00) per each water connection and one thousand dollars ($1,000.00) per each sewer connection for up to a three-fourths (¾) water service connection and up to a four (4) inch gravity flow sewer connection. Greater capacity service connections shall be at above fee plus City costs associated with the greater meter and connect sizing (see Subsection (D) below).
2. 
For all other multi-family applications, the connect fee shall be twenty-five dollars ($25.00) per unit, times the number of units times twelve (12) or two thousand dollars ($2,000.00) for water and one thousand dollars ($1,000.00) for sewer, whichever is greater, however, for service connections in asphalt or concrete, over seventy-five (75) feet from the City main and a size greater than three-fourths (¾) inch in diameter, Subsection (D) below, columns (C) and (D) may apply. This fee shall apply equally to both applications for water and applications for sewer service. Each service shall be deemed a separate application and each shall be assessed the same fee.
3. 
Retail or general business commercial connections shall be assessed twenty-five dollars ($25.00) per unit, times the number of units, times twelve (12) for each service applied for (water and sewer) or a two thousand three hundred fifty dollar ($2,350.00) fee for a three-fourths (¾) inch water service and two thousand dollars ($2,000.00) for sewer service, whichever is greatest. For service connections in asphalt or concrete, over seventy-five (75) feet from the City main and a size greater than three-fourths (¾) inch in diameter, Subsection (D) below, columns (C) and (D) may apply.
C. 
Upon payment of the one-time connection fee as provided herein, the new installation shall be connected to the utility system of the City of Lake Ozark, provided that a shut-off valve is installed on the customer's side of the water service line by the owner/user or his contractor at his expense.
D. 
Commercial Meter Set Fee Costs Per Application For A Single User Set.
Size Connection
(B) in Dirt
(C) in Asphalt
(D) in Concrete
3/4
$2,350.00
$3,350.00
$3,850.00
1 inch
$2,850.00
$3,850.00
$4,350.00
2 Inch
$3,850.00
$4,850.00
$5,350.00
4 Inch
$5,850.00
$5,850.00
$6,350.00
6 Inch
$7,850.00
$8,850.00
$9,350.00
The developer/owner shall be responsible for such costs above a three-fourths (¾) inch set and more than seventy-five (75) feet in length. The City shall determine on a case-by-case basis for the particular application and location what the additional expense shall be before agreeing to such connect application.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
The amount of monthly sewer user charge shall be reviewed by the Board of Aldermen at its first (1st) regular Board meeting in May of each year, in order to revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance, including replacement, and to insure continued proportionality of overhead and maintenance charges. Any excess revenue shall be deposited in the Operation and Maintenance Account and user charges adjusted accordingly.
B. 
The City will notify each user, at least annually, in conjunction with a regular bill, of the rate being charged for operation and maintenance, including the cost of replacement of the treatment works.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
Staff Appeals And Adjustments, When And How.
1. 
When any customer shall have a dispute over any billed amount, the City Utility Clerk shall be authorized to investigate such complaint to include examining past billing, by requiring rereads and any other supplementary data, material or records she deems applicable.
2. 
Should the Utility Clerk determine that an adjustment in the form of a credit against future billing is appropriate, she shall provide such information in the amounts of overcharge and subsequent writing to at least one (1) of the following: the City Clerk, Public Works Director or the City Administrator, each of whom are herein empowered to authorize the credit amount up to two hundred fifty dollars ($250.00).
3. 
If the appeal amount exceeds two hundred fifty dollars ($250.00) or if, in the opinion of the Utility Clerk or the officials empowered to approve a credit, the disputed amount is not subject to a credit, then the customer may make an appeal to the Utility Board.
4. 
All credits must be accompanied by written documentation showing the amount of disputed charges, the credit applied and the authorizing signature or initials applicable.
B. 
All Other Appeals Must Be Made To The Utility Commission. Applicants for appeals must make such appeals in writing two (2) weeks before the regularly scheduled monthly meeting of the Utility Commission.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
If any utility user shall fail to pay his/her sewer charge within ten (10) days from the date of the bill, the bill shall be deemed delinquent and a delinquent penalty of one and one-half percent (1.5%) per month or portion thereof, not to exceed eighteen percent (18%) per year, shall be added to the bill each month or portion thereof until the bill is paid in full.
B. 
If any such bill shall remain unpaid for a period of twenty (20) days after the date of the last paid billing date, the property may not be entitled to receive water, sewage or garbage services from the City. Utility service to such premises may be disconnected and may not be reconnected until all past due bills for sewage services are paid in full, together with a cut-off charge of fifty dollars ($50.00) and a reconnect charge of fifty dollars ($50.00), unless such service is removed for non-payment exceeding one hundred twenty (120) days. Upon removal of such services for non-payment, a new application must be made and new connect fees paid for a new service. Requests for voluntary disconnection for extended period such as vacancy of the property, winterization, etc., will be honored by the City, however, there shall be a ten dollar ($10.00) disconnect fee and a ten dollar ($10.00) reconnect fee charged for such service and will be approved only if the user is current on their utility bill and it is understood that such service shall continue to be billed the monthly base fees. Disconnects for leaks will not be charged.
C. 
It shall be the duty of the City Clerk or other representative of the City charged with the responsibility of receiving payments for sewage services to notify the Public Works Director of the City utility system of those premises which, because of delinquency in the payment of bills, are no longer entitled to utility services and the Public Works Director of the City utility system may take the necessary steps to have the water and sewer connections disconnected from the premises so in arrears. The occupant or user of the premises receiving sewage services and the owner of such premises shall be jointly and severally liable for payment for such services rendered on such premises.
D. 
The City shall have the power to sue the occupant or the owner, or both, of such real estate in a civil action and receive any sums due for such services, plus a reasonable attorney's fee to be fixed by the court.
E. 
In addition, the City may place a lien upon the real estate having a delinquent sewer charge and take legal action to execute upon such lien as provided by the Statutes of the State of Missouri.
F. 
The City Administrator and/or the Clerk of the City are hereby authorized to file in the Recorder of Deeds office of the County of Miller and the County of Camden liens against all land situated in the City of Lake Ozark for delinquent sewer charges owed to said City pursuant to Section 250.234, RSMo. The City Attorney is hereby authorized to proceed to enforce said liens as provided by Section 250.234, RSMo.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
Eligibility. Any customer of the Lake Ozark water or sewer system who is delinquent in the payment of his/her sewer user fees to the City of Lake Ozark for not more than two (2) months may enter into an agreement with the City, consistent with the terms of this Chapter.
B. 
Payment Plan Contents For Delinquent Customers. At a minimum, the payment plan shall provide for payment of the delinquency plus future sewer charges in the following ways:
1. 
The plan must provide for full payment of all obligations, including each month's current billing, within six (6) months.
2. 
The plan must provide for payment of all future obligations as they become due.
3. 
The plan must be executed by all persons affiliated with the customer (such as husband and wife, all partners in a partnership and all spouses of those partners, all principals in a corporation and spouses).
4. 
The plan shall include a promissory note in the amount of the balance due plus the anticipated charges during the six (6) month repayment period.
C. 
Fee. There shall be a fee of twenty-five dollars ($25.00) payable in cash to partially offset the costs incurred in entering into a credit plan with the City.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
When new utility lines are installed into an existing area or when it is discovered that existing homes, business or other usages are not in compliance with the City of Lake Ozark utility codes and not connected to existing utility lines, the City of Lake Ozark shall allow the following policy:
1. 
A new application must be filed with the City of Lake Ozark for the applicable service and must be accompanied with the relevant deposit fees.
2. 
The applicant shall have eighteen (18) months to pay for the connect fee and other charges at the interest rate allowed by law and set by the Board of Aldermen.
3. 
The applicant must execute the applicable loan documents with the City of Lake Ozark and must remain current with all charges, including monthly service charges, to remain in good standing with the City and not subject to involuntary discontinuance of service.
B. 
Failure to comply with this credit policy shall result in utility service termination.
[Ord. No. 2008-21 §1, 5-27-2008]
A. 
Maintenance Of Meter Boxes. Whenever the meter box, frame or cover is known to be broken, not in a serviceable condition, not adjusted to established grade or presents a hazardous condition, the Public Works Director or designee may notify the owner or occupant of the premises to repair or replace such meter box, frame or cover and on the failure or refusal to do so, the water may be cut off
B. 
Maintenance Of Water Meters, Remote Reading Attachment. Water meters and remote reading attachments that are damaged or destroyed by conditions within the customer's control such as freezing, hot water damage, neglect, misuse or abuse shall be repaired or replaced at the customer's expense. Rates for repairs and replacement shall be established by the Public Works Director or designee.
C. 
Accessibility To Meters. Whenever a meter is known to be inaccessible for purposes of reading or maintenance and the cause is within the customer's control, the Public Works Director or designee shall notify the owner or occupant of the premises to make the meter accessible and on the failure or refusal to do so, the water shall be cut off.
D. 
Meters. Unless the City provides meters, each customer of water shall, at their own expense, before using any water supply through the City mains, have installed a meter of a type approved by the Public Works Director or designee.
E. 
Meter Couplings. Meters shall be installed in service pipes by the use of meter couplings of a type approved by the Public Works Director or designee. Whenever a meter is found to have been installed without approved couplings, the Public Works Director or designee shall notify the owner or occupant of the premises to have installed such couplings and on the failure or refusal to do so, the water shall be cut off.
F. 
Stopping Service For Leaks. Wherever the shutting off of the water from any attachment cannot be accomplished or maintained in the ordinary manner, the Public Works Director or designee shall cause the tap to be withdrawn or cut off the attachment from the main pipe or correct the condition and reconnection shall not be made without a written permit and payment of all costs by the consumer.
G. 
Right Of The City To Stop Service — Water Supply Emergency.
1. 
Generally. The City reserves the right to shut off the City water supply at any time in the mains for the purpose of repairing, cleaning, making connections with or extensions to same or for the purpose of concentrating water in any part of the City in case of fire and of restricting the use of water in case of deficiency in supply.
2. 
In the event of declaration of a water supply emergency, the following may occur.
a. 
Available and reasonable means shall be used to inform consumers affected by the emergency that one (1) of the following restrictions will apply:
(1) 
Level I. Non-essential use of water shall be prohibited and restricted or regulated outdoor watering shall apply, or
(2) 
Level II. Outdoor water usage shall be prohibited.
(a) 
The Chief of Police or his designee, upon witnessing a violation of either a level I or level II water alert, shall issue a written warning to the consumer. This warning shall inform the consumer that continued non-essential or outdoor usage of water shall cause the consumer to be subject to a fine and disconnection. The Board of Aldermen, by resolution, declare a water supply emergency. Any person who violates any Section of this Chapter shall be subject to penalties, after written notice, as set forth herein shall be:
(i) 
Twenty-five dollars ($25.00) for the first (1st) offense.
(ii) 
Service shall be shut off for the second (2nd) offense and shall be restored only after the payment of a reconnect fee not to exceed fifty dollars ($50.00).
H. 
Water Alert Levels Defined.
1. 
Level I water alert. Only the use of water for the following: personal hygiene, cooking, dishwashing, clothes washing and consumption by persons and animals and outdoor watering subject to the following regulation: Homes with a street address ending with an even number may use water for outdoor purposes on even-numbered dates. Homes with a street address ending with an odd number may use water for outdoor purposes on odd-numbered dates.
2. 
Level II water alert. Only the use of water for the following: personal hygiene, cooking, dishwashing, clothes washing and consumption by persons and animals shall be allowed.
I. 
City Not Liable For Failure Of Water Supply. Connections with the City water mains and the use of water is permitted upon the express understanding that the City shall not be liable for any damages or injuries by reason of the breaking or failure of any service pipe or cock, meter, water main, pipeline, hydrant or any appurtenance to the water system or for shutting off the water for any purpose or for diminished capacity or partial or total failure of the water supply, piping or appurtenances.
J. 
Right Of Entry Of City Employees. The City shall have the right, through its duly authorized officers or agents, to freely enter at all reasonable hours any premises when it may be necessary to ascertain the reading of meters, the location or condition of a City utility pipe or other fixture attached to the City utility system or to shut off or let in water from or to any pipe or other attachment or for any other purpose that may be deemed essential for the protection of the interests of the City in the utility system. Further, the City must be given access to inside water meters at least once each calendar year. If the water meter for any given customer is estimated for twelve (12) consecutive months because of no access to the inside meter, the customer shall be notified that within ninety (90) days an actual water meter reading must be taken by the City. If neither occurs within the ninety (90) day notice period provided in this Section, the customer shall be notified that water service will be discontinued within six (6) days from the date of the notice unless an actual reading is taken.
K. 
Minimum Diameter Of Water Mains. No new or replacement primary water main shall be installed that is less than six (6) inches in diameter.
L. 
Manner Of Installing Water Mains, Service Pipes And Appurtenances, Generally. All water utility mains, service pipes, meters and appurtenances to the utility system shall be installed by methods prescribed by the Public Works Director or designee. The type of materials used for water mains, service pipes, meters and appurtenances to the water system shall be prescribed by the Public Works Director or his designee.
M. 
Shutting Off Water For Violation Of Rules — Disconnection Fee.
1. 
The City reserves the right to shut off the supply of water to any consumer at any location for a violation of any of the rules and regulations of the City relating to the water system with forty-eight (48) hours' written notice.
2. 
The City Clerk or designee shall give notice in writing to the customer by United States mail, postage prepaid, to the last known address or shall post on the affected property such notification.
3. 
A failure on the part of the customer to actually receive the notice as set forth in Subsection (M)(2) shall not be an excuse, reason or justification for the failure to correct the violation or violations nor shall it prevent the discontinuance and shutting off of the water service to such customer.
4. 
After utility service has been discontinued and shut off as provided in this Section, it shall not be renewed or resumed until all bills from utility service due and owing to the City have been paid, the deposit for service required by this Chapter has been made and the actual cost of the discontinuance and shutting off the service, not to exceed fifty dollars ($50.00) per service, for the disconnect of services and fees not to exceed fifty dollars ($50.00) per service for reconnection of services during normal working hours have been paid.
N. 
Maintenance Of Facilities. The Public Works Director is charged with the responsibility of maintaining all system structures that the City has formally accepted as a part of its utility systems, further all wells, wet wells, service panels, lines, lift stations and such other grinder pump/lift stations as well as other appurtenances to the system. He shall take the following procedures to insure that all facilities are maintained in a workable condition:
1. 
The Public Works Director shall report to the City Administrator annually, in writing, a complete audit of the facilities of the City of Lake Ozark, detailing the current state of all facilities, including:
a. 
The age of each facility, its current serviceability, its state of operation or repair, its repairing service life, etc.
b. 
He shall annually make recommendations in writing in September of each year, a budget request for service upgrades, detailing which facility is in greatest need of upgrade or major repair, complete with cost estimate and impact on the system.
2. 
When it is brought to his attention by subordinates or he becomes aware of any deficiencies or disrepair of system facilities, he shall immediately take steps to correct the deficiency or disrepair.
a. 
He shall inform the City Administrator of such a condition of deficiency.
b. 
He shall ascertain the costs of such repairs.
c. 
He shall acquire such materials and manpower necessary to effect repairs.
d. 
He shall subsequent to such repairs inform the City Administrator of such repairs.
e. 
If, at any time, such facilities malfunction, he shall inform the City Administrator and relevant State authorities to the degree required as to the malfunction and its abatement.
f. 
He shall inform the City Administrator of any condition that is deemed advisable that the City Administrator shall know as to the operations of the City's utility systems including, but not limited to, the above.
O. 
A three dollar ($3.00) turn-on charge is also applicable, if payment is made after the work crew has been dispatched to the premises to discontinue service for non-payment or other violations of this Chapter and even though service is not actually discontinued, since the basic cost of discontinuing service has already been incurred.
[Ord. No. 2011-19, 8-23-2011; Ord. No. 2012-19, 10-8-2012]
A. 
At such time as a water main or wastewater sewer main becomes available, as set forth in Section 700.150, to a property served by a private water or wastewater disposal system, a direct connection shall be made to the City's utility systems in compliance with this Chapter.
B. 
Private water systems may not be conjoined to the City's water system. However, any private systems existing at the time of the effective date of this Section may continue to be used for such purposes as irrigation, filling swimming pools, ground source heating and/or cooling, etc. All other water usage must be directed through the City's water meter. In the event that a private water system is allowed to continue, it must be separated from the City's water system by such devices as are allowed by Federal, State and local laws and regulations and must be inspected and approved by the City's Public Works Director.
C. 
Upon connections to the City's sewer system, all other existing private sewerage systems, including any septic tanks, cesspools, and similar wastewater disposal facilities, shall be emptied and filled with suitable material.
D. 
Second Metering Device Permitted, When And How.
1. 
Water system users with an existing three-quarters (¾) inch residential service meter shall be allowed a second (2nd) metered connection at a reduced minimum rate of one hundred dollars ($100.00) per connection, plus actual material and labor expenses of the City, plus an additional five dollars ($5.00) monthly base fee. The second (2nd) metering device shall be only used for the purposes of irrigation and pool filling, provided that the pool(s) served by the second (2nd) metering device is (are) not connected to the City's sewer system. All such systems must have a backflow preventer device approved by the City and installed at the owner's expense. The second (2nd) connection shall not be charged a sewer base charge or a volume rate for sewer service.
2. 
Water system users of any house, building or improvement, which are constructed after the effective date of this Section and which are required to connect to the City's water system, shall be allowed a second (2nd) water meter at the rate of five hundred dollars ($500.00), in addition to the tap and connection fees for the first (1st) meter, plus an additional five dollar ($5.00) monthly base fee, provided the second (2nd) metering device is installed at the same time as the first (1st) meter. The second (2nd) metering device shall be only used for the purposes of irrigation and pool filling, provided that the pool(s) served by the second (2nd) metering device is(are) not connected to the City's sewer system. All such systems must have a backflow preventer device approved by the City and installed at the owner's expense. The second (2nd) connection shall not be charged a sewer base charge or a volume rate for sewer service.
3. 
An existing user at the time of the adoption of this Section may elect to have installed either a deduct remote reading meter system, or an in-ground meter setup at the location of the owner's choosing within their irrigation or pool plumbing system, provided that such system costs are paid by the owner, and that the system has a backflow preventer device approved by the City, and further provided that the user executes an ingress/egress agreement with the City for the purposes of maintenance, inspection, and/or reading of such deduct metering device. The metered amount will be deducted from the sewer usage charge. The user will be responsible for any and all excavation and landscaping required for this installation, and shall be charged an additional monthly fee in addition to his/her regular base rate.