[HISTORY: Adopted by the City Commission of the City of Lapeer
as Ch. 22 of the 1978 General Ordinances. Amendments noted where applicable.]
A.
All water services being supplied from the water distribution system
of the City of Lapeer shall be provided with a water meter of a kind,
size and type approved by the Lapeer City Commission.
B.
The fee owner or the land contract purchaser with the right of possession,
as the case may be, of any two-family house, apartment building, multifamily
unit, multi-industrial or multi-commercial unit shall have either
the water meter bill in the name of the fee owner or said land contract
purchaser, or provide a separate water meter and accessible shutoff
valve for each individual family unit.
[Amended 8-17-2006]
C.
The rates and charges hereinafter established shall be payable by
the owners and/or occupants of any lot, other parcel of real estate,
or building, situated so that a water main is available for an extension
to service neighboring parcels and shall be required to connect to
the City water system.
[Amended 7-24-2008]
[Amended 7-10-2002]
A.
All meters must be procured from the City of Lapeer and installed
by the City of Lapeer, the cost of installation to be borne by the
owner of the property upon which the meter is installed.
B.
All buildings serviced by the City Of Lapeer shall be equipped with
a meter transmitter unit (MXU) purchased from the City Of Lapeer.
The Water Department shall install the MXU unit to a wall, within
five feet of the meter location.
[Amended 7-24-2008]
All water up to the moment it passes through the City's water
meter into each residence or building shall be and remain the personal
property of the City of Lapeer. All water meters used or installed
in the City of Lapeer's water system are and shall remain the personal
property of the City of Lapeer.
[Amended 2-26-1986; 7-24-2008]
All water meters shall be sealed at the time of installation
with a form of seal approved by the Superintendent of Water and Sewer.
The water meters shall be sealed at the register box and the couplings.
The seals shall not be broken except by the authority of the Superintendent
of Water and Sewer. The residents and the owners of property upon
which a water meter is installed are responsible for the intactness
of these seals and a fee for tampering with the seal wire will be
added to the water bill at the property where any of these seals are
found broken as listed in the City of Lapeer Fee Schedule.
A.
The owner of property upon which a meter is installed shall be responsible
for any and all damage sustained to the meter, including damage sustained
through freezing or hot water backup, which shall include the cost
of replacing a water meter that has sustained damage; provided, however,
that the City of Lapeer will bear the cost of repairing or replacing
meters where the same is required due to the wear and tear of ordinary
service.
[Amended 6-12-1985; 7-24-2008]
B.
All costs and expenses incident to the installation, connection,
and maintenance of the building water line to the public water main
shall be borne by the owner.
[Amended 6-12-1985]
C.
Meter bypass lines are not allowed.
[Amended 7-10-2002]
Meters will be read by employees or parties designated by the
City Commission or City Manager. The water meter shall be installed
in an area that is accessible for reading and repair work. Water meters
may not be placed in a crawl space or similar confined space areas.
[Amended 6-12-1985]
As used in this chapter, the following terms shall have the
meanings indicated:
The owner of the house,
or other building, or premises, lot or parcel of land to which water
is supplied by the City of Lapeer. For the purpose of this chapter,
the furnishing of water service shall be deemed the sale of a commodity
and the relationship between the City of Lapeer and the consumer,
that of vendor and purchaser.
Title holder of record or any one of the title holders of
record with an equal interest in the property, a land contract vendee
in possession, a receiver, personal representative, trustee, lessee,
or any other person, firm, or corporation having the right of possession
or control of the property.
A.
The charges for water service to each premises, structure or building
within the City connected with the water supply system for each monthly
period shall be as listed in the City of Lapeer Fee Schedule.
(1)
Rates for providing private fire protection shall be as listed in
the City of Lapeer Fee Schedule.
(2)
Except as provided in the Mayfield Township Land Transfer Agreement
dated September 5, 2001, and the Lapeer Township Land Transfer Agreement
dated December 4, 2006, users outside the corporate limits of the
City Of Lapeer shall be charged 1 1/2 times the charge for water
used within the City, plus an annual charge equal to the City operating
millage times the taxable value of the property served by the water
system as appears on the tax roll of the township in which said property
is located, including the City-authorized administration fee, which
will be billed annually and shall be due and payable on July 1 of
each year.
[Amended 7-10-2002; 8-1-2003; 7-24-2008]
B.
The City shall pay for all water used by it at the foregoing rates,
except that for fire hydrants in the City. Charges against the City
shall be payable from the current funds of the City, or from the proceeds
of taxes, which the City, within constitutional limitations, is hereby
authorized and required to levy in an amount sufficient for that purpose.
C.
In the event that the City of Lapeer is able to effect a rebate from
the City of Detroit retroactive to the latter's increase in water
rates of May 1, 1976, the City of Lapeer shall pass that retroactive
rebate on to the customers who paid the same by either a credit to
their future water bills or by a cash rebate, as the City Commission
determines. This emergency ordinance shall become effective June 1,
1976.
D.
Collection. No free service shall be furnished by the system to the
City or to any person, firm or corporation, public or private, or
to any public agency or instrumentality. Charges for services furnished
by the system shall be billed and shall become due 15 days after the
billing date indicated on the water bill. A penalty of 10% of the
bill shall be added by the City to those bills not paid on or before
the due date. Within five working days after the due date, a past-due
notice shall be mailed to those customers whose accounts are then
delinquent. The past-due notice shall inform the customer of the amount
of the delinquency, including the 10% penalty. Within five working
days after the expiration date on the past due notice, a shutoff notice
shall be mailed to those customers whose accounts still remain delinquent.
This shutoff shall indicate the date that the water service will be
shut off, which date shall be 10 days from the date of the shutoff
notice, unless the delinquent amount, including the 10% penalty, is
paid by the last business day prior to the scheduled shutoff date.
Services so discontinued shall not be restored until all sums then
due and owing, including the 10% penalty, and an additional shutoff
charge as listed in the City of Lapeer Fee Schedule for the amount
owed are paid to the City in full. The shutoff charge shall consist
of the following components:
[Amended 8-17-2006; 7-24-2008]
(1)
A normal duty hour sewer division turn-on charge as listed in the
City of Lapeer Fee Schedule; or
(2)
An after duty turn-on charge equal to the average cost of a sewer
division employee's wage (a minimum of two hours two per union contract
plus fringe benefits), plus the average cost of equipment utilized
based on the State Schedule C rate for a minimum of two hours.
[Amended 7-10-2002]
E.
Tap-in fees per tap for domestic water services and fire suppression
services will be as listed in the City of Lapeer Fee Schedule.
[Amended 6-28-2007]
[Amended 7-10-2002; 7-24-2008]
A.
The consumer may have his, her, or its meter tested for a fee. The
size of the water meter determines the fee as listed in the City of
Lapeer Fee Schedule. All water meters are tested by a private testing
company to meet the American Water Works Specifications.
B.
Should the water meter fail to meet American Water Works Association's
test specifications, the City shall refund the testing fee to the
consumer and make an appropriate adjustment in the water bill. However,
should the meter be found to register within the American Water Works
Association's test specifications, the City shall retain the meter-testing
fee to defray the expense of the test.
Should a water meter become inoperative, the consumer shall
pay for water service based on the average of three preceding metered
months.
A.
The City of Lapeer adopts by reference the Water Supply Cross-Connection
Control Rules of the Michigan Department of Environment, Great Lakes
and Energy, being R325.11401 through R325.11407 of the Administrative
Code, and the City of Lapeer Cross-Connection Control Program. The
City of Lapeer Water Department shall be the designated authority
and administrator of the cross-connection control program and/or plan
as hereinafter described.
[Amended 12-16-2019; 8-17-2020]
B.
Plan.
[Amended 12-16-2019]
(1)
Pursuant to Michigan Public Act 399, 1976,[1] and R325.11404 of the Administrative Code, a comprehensive
cross-connection control plan shall be developed and submitted to
the Michigan Department of Environment, Great Lakes and Energy<
Division of Water Supply, for review and approval.
[Amended 8-17-2020]
[1]
Editor's Note: See MCLA § 325.1001 et seq.
(2)
The plan shall outline the conduct of the City of Lapeer Cross-Connection
Control Program, including the method for performing initial inspections,
determining inspection/reinspection frequencies, backflow prevention
assembly tracking and testing schedules, requirements for surveyors,
annual reporting, generation of compliance/noncompliance records and
notices, pertinent piping information requests, fees, and water service
shutoff notices.
(3)
Upon approval by the Michigan Department of Environment, Great Lakes
and Energy, Division of Water Supply, the plan will become the instrument
for providing program conduct and policies.
[Amended 8-17-2020]
(4)
Any changes to the approved plan will be submitted to the Michigan
Department of Environment, Great Lakes and Energy, Division of Water
Supply, for review and approval before final approval by the City
Commission and implementation by the authority/agent.
[Amended 8-17-2020]
(5)
The cross-connection control plan will be made available to the public
for review.
C.
Water discontinuance.
(1)
The authority/agent, as designated in the cross-connection control
program, shall have the right to enter any facility receiving water
from the municipal water system for the sole purpose of inspecting
for cross-connections. Failure or refusal on the part of the facility
to allow the authority/agent entry shall be deemed evidence of a cross-connection
that is an immediate hazard to the public, and, as such, the authority/agent
will follow the steps as outlined in the approved cross-connection
control plan.
(2)
If a facility fails to correct any deficiencies identified during
the cross-connection inspection, or any subsequent inspection, or
otherwise fails to follow the compliance steps or procedures contained
in the cross-connection control plan, the water service to the facility
will be discontinued until such time that the deficiencies are corrected
and approved by the authority/agent.
(3)
Inspections. It shall be the duty of the City to cause inspections
to be made of all properties served by the public water supply where
cross-connections with the public water supply are deemed possible.
The frequency of inspections and reinspections based on potential
health hazards involved shall be as established by the City and as
approved by the Michigan Department of Environment, Great Lakes and
Energy.
[Added 8-17-2020]
(4)
Testing. All testable backflow prevention assemblies shall be tested
initially upon installation, relocation and/or repair to be sure that
the assembly is working properly. Subsequent testing of assemblies
shall be on an annual basis or as required by the City and in accordance
with Michigan Department of Environment, Great Lakes and Energy requirements.
Only individuals that hold an active ASSE 5110 tester's certification
shall be qualified to perform such testing. That individual(s) shall
certify the results of his/her testing.
[Added 8-17-2020]
D.
This chapter is not intended to supersede the State Plumbing Code,
or any other state statute, or legally adopted ordinance or code of
the City of Lapeer. In any case where a provision of this chapter
is found to be in conflict with a provision of any State of Michigan
or federal statute or regulation, or any other legally adopted ordinance
or code of the City of Lapeer, the provision which establishes the
higher standard for the promotion and protection of the health and
safety of the people shall prevail.
[Amended 7-24-2008]
E.
Prohibitions. No person in the City of Lapeer shall:
(1)
Connect to a public water supply system unless the proposed connection
has first been approved by the authority/agent.
(2)
Steal any water meter, water pipe, other water equipment or tools,
or steal any water itself which belongs to the City.
(3)
Willfully damage or injure or suffer or permit to be injured any
water meter, pipe or other water equipment or tools which belong to
the City.
(4)
Prevent or circumvent a water meter from measuring water used from
that supplied by the City of Lapeer, or in any way hinder or interfere
with the proper action of the water meter.
(5)
Fraudulently use water belonging to the City or wastewater belonging
to the City.
(6)
Violate any written order of the City of Lapeer in pursuance of the
provisions of this chapter, including the cross-connection control
program.
(7)
Violate any other provisions of this chapter, including the cross-connection
control program.
F.
Penalties.
(1)
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punished by a fine not to exceed $500 or
by imprisonment not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the court. Each day that a violation occurs shall
be deemed a separate offense. As allowed by law or equity, damages
recoverable for any violation of this section shall include all actual
costs, court, attorney and other related legal fees, plus an additional
charge of 100% of the total costs and/or penalties.
[Amended 7-24-2008]
(2)
In addition to the penalty described in Subsection F(1), at the request of the authority/agent, the City Attorney may bring an action for injunctive relief or other appropriate action in the name of the people of the City of Lapeer to enforce this chapter, or an order issued pursuant to this chapter.
A.
Lien. Charges for services furnished by the City's Water Department
for water services to any premises shall be a lien thereon. On June
1 of each year, the City Manager, or Manager's designee, shall certify
any such charges which were delinquent as of May 15 to the City's
Assessor. The Assessor shall enter the same upon the next tax roll
against the premises to which such services shall have been rendered,
and such charges shall be collected and said lien enforced in the
same manner as provided in respect to taxes assessed upon such roll.
[Amended 4-29-1987]
B.
Affidavit. Pursuant to Public Act 178 of 1939, as amended,[1] Subsection A above shall not apply to property owner lessors who comply with the following provisions:
[Amended 7-24-2008]
(1)
An affidavit is filed with the City verifying that a lease has been
legally executed containing a provision that the lessor shall not
be liable for payment of water bills accruing subsequent to the filing
of said affidavit. The affidavit shall also contain a notation of
the expiration date of the lease.
(2)
A copy of the lease showing the name of tenant(s) responsible for
the water bill shall also be filed with the City.
(3)
The lessor shall give 20 days' written notice to the City of any
cancellation, change in, or termination of the lease.
(4)
A deposit as listed in the City of Lapeer Fee Schedule for each such
lease shall be made to the City prior to having the water billing
placed in the name of the tenant and/or commencing water service.
Such deposit shall bear no interest and will be utilized to pay any
delinquent billing for that premises or refunded upon payment of the
final water bill.
[1]
Editor's Note: See MCLA § 123.161 et seq.
[Amended 3-14-1990; 7-24-2008]
Outside irrigation for any purposes, including lawns, gardens,
and flower beds, from the City's public water supply may be prohibited
or restricted upon published notice when the City Manager, through
his Superintendent of Water and Sewer, determines that a public water
shortage is likely to occur. During such times, the City Manager may
also direct that other measures be taken or restrictions observed
by users of the public water supply system. Notice of any such measures
or restrictions shall be given by publication in a newspaper of general
circulation in the City of Lapeer.
