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City of Kirkwood, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 6111, § 1, 4-14-1977; Ord. No. 6172, § 3, 8-4-1977]
There is hereby created the office of the Superintendent of the water system, who shall have the supervisory authority over the City's water system under the direction of the Director of Public Services.
[Gen. Ords. 1959, § 25.01(a); Ord. No. 9073, § 1, 9-20-2001]
No water shall be furnished by the City Water Department to any premises until the person desiring to use the same has made application therefor on printed blanks to be furnished by the Director of Finance giving their full name and the location of the property.
[Ord. No. 8564, § 5, 11-21-1996; Ord. No. 9073, § 2, 9-20-2001; Ord. No. 10025, § 2, 8-4-2011]
(a) 
All applications for water service shall carry the following legend: "Water service may be discontinued if any bill is not paid in full for three consecutive months, as provided for in § 23-145 of the Kirkwood Code of Ordinances. Further, if a bill for any month is not paid in full before the next monthly bill is sent out, interest will be charged on the unpaid balance and continue until the bill is paid in full."
(b) 
Discontinuance of service.
(1) 
In the event a customer has an unpaid balance on a water service account for three months before the next bill is sent out to that customer, the water service account is deemed delinquent. Once a water service account is deemed delinquent, the Director of Finance shall provide written notice to the most current billing address of the customer, containing the following:
"NOTICE OF INTENDED DISCONTINUANCE OF WATER SERVICE"
"Your water service bill for the past three months up to and including the bill of ______________, 20_____ has not been paid in full. Therefore, pursuant to § 23-145 of the Ordinances of the City of Kirkwood, your water service will be discontinued if this bill is not paid in full or other arrangements are made with the Director of Finance within six calendar days from the date of this notice."
(2) 
If a customer of water service fails to pay the bill in full or make other arrangements with the Director of Finance within the aforementioned six-day notice period provided in this section, the City's Water Department will forthwith discontinue water service to that customer and the bill may be specially assessed against the real property.
(c) 
At the time of the discontinuance and turn off of the water service to a consumer as set forth in Subsection (b), a final reading of the meter of such consumer shall be made, and that reading shall be certified by the Director of Finance. The Director of Finance shall determine the full amount due to the City for water consumed by the consumer up to the time of the discontinuance of the service, and shall apply any deposit on hand against the amount. If the deposit on hand shall exceed the total amount of the final bill for water service, the balance thereof shall be transmitted to the consumer. If the deposit on hand shall be insufficient to pay the full amount of the total billing, the Director of Finance shall render a final bill for the balance due to the consumer and also transfer the account to the City Attorney, designated collection firm for further action and collection. At the time of the transmission to the consumer of either a refund from an excess deposit or a final billing for an additional amount due over and above any deposit on hand, the Director of Finance shall set forth all pertinent details as to the amount of water consumed used to determine the final billing.
[Ord. No. 1959, § 25.01(b); Ord. No. 6248, § 2, 3-16-1978; Ord. No. 7127, § 1, 12-1-1983; Ord. No. 8742, § 2, 7-16-1998; Ord. No. 9073, § 2, 9-20-2001]
Before water service is provided, the applicant shall deposit with the Director of Finance such sum as will, in the judgment of the Director of Finance, cover the charge for the consumption of water for three months, but not less than $20. If a customer has a period of two years of continuous timely payments the security deposit for a new account may be waived at the discretion of the Director of Finance or designee. The sum so collected shall remain on deposit until water services have been disconnected, or may be credited to a customer's account after a period of two years of continuous timely payments, or may be extended for additional years. In determining the amount of deposit to be returned to the consumer, interest at the rate of 6% simple interest per annum shall be added thereto. Interest on deposits held by the City as of March 31, 1978, shall commence to earn such interest April 1, 1978. Sums deposited on or after April 1, 1978, shall commence to earn interest from the first day of the month following such deposit. Upon withdrawal of deposit, interest shall be earned to the last day of the month preceding withdrawal. If any funds are on deposit when the service is discontinued, the City shall apply the deposit plus interest on any unpaid bill of the consumer and refund the balance, if any, to the consumer. If the consumption for any quarter exceeds the deposit, the Director of Finance may notify the consumer to increase his deposit to any amount equal to the consumption of water for the quarter, and if the consumer fails to make such additional deposit within 10 days, the water shall be shut off.
[Ord. No. 8564, § 6, 11-21-1996; Ord. No. 8792, § 2, 2-18-1999; Ord. No. 9073, § 2, 9-20-2001]
The commencement of water service shall not occur to any premises until the applicant and/or owner of the premises pays all delinquent electric, water, sanitation, and/or any other amounts due and payable to the City of Kirkwood.
[Gen. Ords. 1959, § 25.07; Ord. No. 9073, § 2, 9-20-2001]
No person shall make any attachment or connection with the City water mains without first having obtained a permit signed by the Director of Public Services. No permit shall be issued except to a duly licensed plumber. All applications for permits shall be upon blank forms furnished by the Director of Finance 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 Director of Public Services and on file in his office.
[Gen. Ords. 1969, § 25.08; Ord. No. 6125, § 1, 5-5-1977]
Two distinct premises or dwellings shall not be supplied from the same tap on the City water main without the consent of the Council, in which case a stopcock shall be located near the water main and also a separate stopcock controlling the water supply to each premises or house independently. However, in the event the distinct premises or dwellings constitute units within a condominium structure, wherein articles of condominium have been adopted providing for water service from a common tap, such units within a single structure may be served by a single tap.
[Gen. Ords. 1969, § 25.10]
Whenever any service pipe or attachment to same leading from the City water main to any premises is out of repair, the Director of Public Services shall notify the owner or his agent or the occupant of the premises to repair the pipes, and if such repairs are not made within 36 hours after receipt of such notice, the water shall be shut off. If in the judgment of the Director of Public Services the interests of the City demand it, he may shut off the water at once without notice.
Whenever the stopcock or box controlling the City water supply to any premises is known to be broken, not in a serviceable condition, not adjusted to established grade, or presents a hazardous condition, the Director of Public Services may notify the owner or occupant of the premises to repair or replace such stopcock or box, and on the failure or refusal to do so, the repair or replacement may be performed by the Water Department at the owner's expense, or the water may be cut off.
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 Director of Public Services 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.
[Ord. No. 7940, § 3, 2-1-1990]
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 Director of Public Services.
[Ord. No. 7940, § 4, 2-1-1990]
Whenever a meter is known to be inaccessible for purposes of reading or maintenance, and the cause is within the customer's control, the Director of Public Services 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.
[Gen. Ords. 1959, § 25.12; Ord. No. 4676, § 3, 2-16-1961; Ord. No. 7940, § 5, 2-1-1990]
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 Director of Public Services.
[Ord. No. 7940, § 6, 2-1-1990]
Meters shall be installed in service pipes by the use of meter couplings of a type approved by the Director of Public Services. Whenever a meter is found to have been installed without approved couplings, the Director of Public Services 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.
[Gen. Ords. 1959, § 25.14; Ord. No. 7940, § 7, 2-1-1990]
Whenever the shutting off of the water from any attachment cannot be accomplished or maintained in the ordinary manner, the Director of Public Services 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.
[Gen. Ords. 1959, § 25.15; Ord. No. 7812, § 2,10-20-1988[1]]
(a) 
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 the supply.
(b) 
Procedure during water supply emergency; water alert levels. In the event of declaration of a water supply emergency, the following shall occur:
(1) 
Available and reasonable means shall be used to inform consumers affected by the emergency that one of the following restrictions shall apply:
Level I. Nonessential use of water shall be prohibited and limited regulated outdoor watering shall apply; or
Level II. Outdoor water usage shall be prohibited.
(2) 
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 nonessential or outdoor usage of water shall cause the consumer to be subject to a fine and disconnection as provided for in § 1-8 of the Code of Ordinances.
[1]
Editor's Note: Ordinance No. 7812, § 2, adopted 10-20-1988, amended § 23-120 by adding a subsection thereto, included herein as § 23-120(b). Section 1 of the ordinance was omitted, but provides that the City Council may, by resolution, declare a water supply emergency. Section 4 of the ordinance did not specifically amend the Code, but provides as follows:
"Section 4. Any person who violates any section of this ordinance shall be subject to penalties, after written notice, as set forth below: $25 for the first offense. Service shall be shut off for the second offense and shall be restored only after the payment of a reconnect fee as provided for in § 23-126."
[Ord. No. 7812, § 3, 10-20-1988[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.
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.
[1]
Editor's Note: Ordinance No. 7812, § 3, adopted 10-20-1988, added a new § 23-127. For purposes of classification and ease of reference, the new provision have been redesignated as § 23-120.1.
[Gen. Ords. 1959, § 25.16; Ord. No. 7940, § 8, 2-1-1990]
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 a diminished, partial or total failure of the water supply, piping or appurtenances.
[Ord. No. 7940, § 10, 2-1-1990]
Use of water through fire hydrants shall be allowed only with the express permission of the Director of Public Services and only for specific purposes. Permit rules, regulations and fees shall be established by the Director of Public Services.
[Gen. Ords. 1959, § 25.18; Ord. No. 7905, § 5, 8-17-1989; Ord. No. 8587, § 1, 2-20-1997; Ord. No. 9073, § 2, 9-20-2001]
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 water pipe or other fixture attached to the City water 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 water system. Further, the City must be given access to inside water meters at least once each calendar year or the customer must have installed a remote reader at the customer's expense. If the water meter for any given customer is estimated for 12 consecutive months because of no access to the inside meter, the customer shall be notified that within 90 days an actual water meter reading must be taken by the City or a remote reader installed at the customer's expense. If neither occurs within the ninety-day notice period provided in this section, the customer shall be notified that water service will be discontinued within six days from the date of the notice unless an actual reading is taken or a remote reader is installed.
[Gen. Ords. 1959, § 25.19; Ord. No. 7940, § 11, 2-1-1990]
No water main shall be laid that is less than six inches in diameter.
[Gen. Ords. 1959, § 25.20; Ord. No. 7940, § 12, 2-1-1990]
All water mains, service pipes, meters and appurtenances to the water system shall be laid by methods prescribed by the Director of Public Services. The type of materials used for water mains, service pipes, meters and appurtenances to the water system shall be prescribed by the Director of Public Services.
[Gen. Ords. 1959, § 25.13; Ord. No. 4676, § 5, 2-16-1961; Ord. No. 5552, § 1, 11-16-1972; Ord. No. 7905, § 6, 8-17-1989; Ord. No. 9073, 9-20-2001; Ord. No. 9259, § 1, 6-19-2003; Ord. No. 9430, § 6, 10-7-2004]
(a) 
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.
(b) 
The Director of Finance shall give notice in writing to the customer by United States mail, postage prepaid, to the billing address of such customer, as shown on the application originally made for water service or on any amendment to such application as to mailing address or if no such mailing address is set forth, to the address of the premises where the water was consumed, which notice shall set forth the violation of the rule or regulation or rules and regulations complained of, and if within five days of the date of said notice such violation has not ceased, the Director of Finance shall certify such fact to the Director of Public Services, or to the person acting in the capacity of the Director of Public Services if there be none, and the Water Department shall forthwith discontinue and shut off the water service to such customer.
(c) 
A failure on the part of the customer to actually receive the notice as set forth in Subsection (b) 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.
(d) 
After water service has been discontinued and shut off as provided in this section, it shall not be renewed or resumed until all bills from water service due and owing to the City have been paid, the deposit for service required by this division has been made, and the actual cost of the discontinuance and shutting off the service, not to exceed $50, for the reconnections during normal working hours, shall have been paid.
[Ord. No. 7940, § 13, 2-1-1990; Ord. No. 8789, § 1, 2-4-1999]
(a) 
Customer's responsibilities regarding unprotected cross-connections. No customer shall cause or allow the construction or maintenance of, or use or allow the use of an unprotected cross-connection.
(b) 
Class I backflow hazards. Those facilities classified as actual or potential Class I backflow hazards by the Missouri Department of Natural Resources, the Building Commissioner or the Director of Public Services shall be equipped with an air gap separation or reduced pressure principle backflow prevention assembly. The following facilities are classified as Class I backflow hazards:
(1) 
Aircraft and missile manufacturing plants.
(2) 
Plants manufacturing vehicles, and construction and agricultural equipment.
(3) 
Potable water dispensing stations.
(4) 
Beverage bottling plants, dairies, and breweries.
(5) 
Canneries, packing houses, and reduction plants.
(6) 
Car washes.
(7) 
Chemical, biological and radiological laboratories, including those in educational and research institutions.
(8) 
Hospitals, clinics, medical buildings, autopsy facilities, morgues, mortuaries, and other medical facilities.
(9) 
Metal or plastic manufacturing, fabrications, cleaning, plating or processing facilities.
(10) 
Plants manufacturing paper and paper products.
(11) 
Plants manufacturing, refining, compounding or processing fertilizer, film, herbicides, natural or synthetic rubber, pesticides, petroleum or petroleum products, pharmaceuticals, radiological materials or any chemical which would be a contaminant to the public water system.
(12) 
Commercial facilities that use herbicides, pesticides, fertilizers or any chemical which would be a contaminant to the public water system.
(13) 
Plants processing, blending or refining animal, vegetable or mineral oils.
(14) 
Commercial laundries and dye works.
(15) 
Sewage, stormwater and industrial waste treatment plants and pumping stations.
(16) 
Waterfront facilities, including piers, docks, marinas and shipyards.
(17) 
Industrial facilities which recycle water.
(18) 
Restricted or classified facilities or other facilities closed to the supplier of water or the Missouri Department of Natural Resources.
(19) 
Fire sprinkler systems using any chemical additives.
(20) 
Auxiliary water systems.
(21) 
Irrigation systems.
(22) 
Portable tanks for transporting water taken from a public water system.
(23) 
Facilities which have pumped or repressurized cooling or heating systems that are served by a public water system, including all boiler systems.
(c) 
Class II backflow hazards. Those facilities classified as actual or potential Class II backflow hazards shall be equipped with a double-check valve assembly. The following facilities are classified as Class II backflow hazards:
(1) 
Tanks to store water from the public water system for firefighting only.
(2) 
Fire sprinkler systems not using chemical additives.
(3) 
Cross-connections that could permit introduction of contaminants into the public or customer water system and thereby create a nuisance, be aesthetically objectionable or cause minor damage to the public water system or its appurtenances.
(d) 
Authority of the Director of Public Services or the Department of Natural Resources to designate backflow hazards. Facilities not designated a backflow hazard by ordinance may be designated a backflow hazard by the Director of Public Services or the Department of Natural Resources.
(e) 
Standards of construction and installation.
(1) 
The discharge pipe of an air gap shall terminate a minimum of two pipe diameters of the discharge pipe above the flood level rim of the receiving vessel; in no case shall the distance be less than one inch.
(2) 
Only those models of backflow prevention devices which are on the approved list maintained by the Department of Natural Resources are acceptable.
(3) 
Standards of installation of backflow prevention devices shall be established by the Missouri Department of Natural Resources, the Building Commissioner, and the Director of Public Services.
(4) 
Reduced pressure principle devices shall be installed with no plug or additional piping affixed to the pressure differential relief valve port. The relief valve port shall be a minimum of 12 inches above the floor level, and shall be positioned to allow leakage to be easily noticed.
(5) 
Whenever possible, backflow prevention assemblies shall be installed in the customer's water service pipe immediately inside the wall where the pipe enters the building.
(6) 
Bypass piping around a backflow prevention assembly, if installed, shall be equipped with an identical assembly.
(7) 
Standards of installation shall be at least as stringent as the Department of Natural Resources regulation 10 CSR 60-11.010.
(8) 
The customer shall have each assembly inspected and tested by a certified backflow prevention assembly tester at the time of construction or installation and each year thereafter, no later than 30 days past the anniversary of the original inspection test date.
(9) 
Inspection and tests shall comply with requirements of Department of Natural Resources regulation 10 CSR 60-11.010.
(10) 
Backflow prevention assembly testers shall be certified through a Department of Natural Resources-approved program and be listed with the Department.
(11) 
Testers shall report to the supplier of water and the customer the results of inspections or tests conducted in compliance with state regulation 10 CSR 60-11.010. Reports of tests shall contain the signature of the certified tester, attesting to the compliance of the assembly with established operational requirements. Reports shall be submitted within 30 days after performing the inspection or test together with a fee as set by the Council by resolution from time to time, which shall cover the processing of such reports.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(f) 
Violation; penalty. A violation of any part of this section shall cause the customer's water supply to be disconnected by the Water Department.
[1]
Editor's Note: Former Section 23-142, Water rates, was removed 6-6-2019 by Ord. No. 10594. These rates will be passed by Resolution and current rates can be found on file in the City's offices.
[Gen. Ords. 1959, § 25.03; Ord. No. 7905, § 7, 8-17-1989; Ord. No. 9073, § 2, 9-20-2001]
Bills for the use of water from the City Water Department shall be made out by the Director of Finance from the records of the latest inspections of water meters. The amounts charged to each customer shall conform to the rates established by this division. Water meters will be reinspected for the correction of bills on request of the customer; however, the bill shall be returned and the request shall be made not later than five days after the bill becomes due. Failure to receive bills shall not entitle customer to any extension of time for reinspection. When the reinspection shows that an overcharge has been made on the original bill, the Director of Finance shall certify the amount of the overcharge and he shall thereupon refund the amount of the overcharge to the customer. If the City is unable to record an actual reading of water service provided for any given service period, the quantity for billing will be estimated based on prior usage. Estimated bills will be identified as such.
[Ord. No. 9073, § 2, 9-20-2001]
(a) 
Bills for the use of water shall in general be made up for the period of 30 or 31 days, except that bills for shorter periods may be rendered in those cases where the Director of Finance deems it essential for the protection of the City, or where the use of water for a specified purpose is restricted to a definite period of time less than the regular period.
(b) 
It shall be the duty of the Director of Finance to divide the City into as many districts and subdistricts as he may deem necessary. The boundaries of the districts and subdistricts may be changed at the discretion of the Director of Finance.
(c) 
All bills for the use of water on premises within any district or subdistrict shall be made payable on any weekday of the calendar month designated by the Director of Finance.
[Ord. No. 8564, § 7, 11-21-1996; Ord. No. 8588, § 1, 2-20-1997; Ord. No. 9073, § 2, 9-20-2001]
(a) 
Interest charge. In the event a water service bill is not paid in full within 21 days from the bill date, interest at the rate of 1 1/2% will be charged on the unpaid balance as of the cash cut-off date of the new bill, including the gross receipts tax amount and continue to be charged each month thereafter until all overdue amounts are paid in full. A fee as set by the Council by resolution from time to time is charged to the customer on any check returned for insufficient funds.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Discontinuance of service and placement of lien.
(1) 
In the event a customer has an unpaid balance on a water service account for three months before the next bill is sent out to that customer, the water service account is deemed delinquent. Once a water service account is deemed delinquent, the Director of Finance shall provide written notice to the most current billing address of the customer, containing the following:
"NOTICE OF INTENDED DISCONTINUANCE OF WATER SERVICE
AND PLACEMENT OF LIEN UPON REAL PROPERTY"
"Your water service bill for the past three months up to and including the bill of _____________, 20_____ has not been paid in full. Therefore, pursuant to § 23-145 of the Ordinances of the City of Kirkwood, your water service will be discontinued if this bill is not paid in full or other arrangements are made with the Director of Finance within six calendar days from the date of this notice. In addition, a lien may be placed upon your real property in the amount of the unpaid balance."
(2) 
If a customer of water service fails to pay the bill in full or make other arrangements with the Director of Finance within the aforementioned six-day notice period provided in this section, the City's Water Department will forthwith discontinue water service to that customer and the bill may be specially assessed against the real property and become a lien thereon placed on the tax roll.
(3) 
If a customer is notified of a delinquent water service account, that customer, prior to the expiration of the six-day notice period provided in this section, can request the Director of Finance to consider an installment payment plan to allow the customer to make partial payments, over a specific period of time, of the overdue account. Along with these partial payments as determined by the Director of Finance, the customer must pay in full each succeeding quarterly water service bill.
(4) 
The Director of Finance may, in his/her discretion, consider account history and/or general credit history of the customer in determining whether to allow an installment (payment) plan and, if so, the parameters of that plan.
(c) 
At the time of the discontinuance and turn off of the water service to a consumer as set forth in Subsection (b), a final reading of the meter of such consumer shall be made, and that reading shall be certified by the Director of Finance. The Director of Finance shall determine the full amount due to the City for water consumed by the consumer up to the time of the discontinuance of the service, and shall apply any deposit on hand against the amount. If the deposit on hand shall exceed the total amount of the final bill for water service, the balance thereof shall be transmitted to the consumer. If the deposit on hand shall be insufficient to pay the full amount of the total billing, the Director of Finance shall render a final bill for the balance due to the consumer and also transfer the account to the City Attorney, designated collection firm for further action and collection and/or the county to be added to the property as a lien. At the time of the transmission to the consumer of either a refund from an excess deposit or a final billing for an additional amount due over and above any deposit on hand, the Director of Finance shall set forth all pertinent details as to the amount of water consumed used to determine the final billing.
(d) 
The failure on the part of the consumer to receive the notice as set forth in Subsection (b) shall be no reason, excuse or justification for the failure to pay the bill as required or to prevent the discontinuance and turn off of water service as hereinbefore set forth.
(e) 
When any water service of a consumer has been discontinued as provided in this section, it shall not be resumed for such consumer at the same or any other address until all unpaid bills shall have been paid and the actual cost of the discontinuance and turnoff of the service not exceeding $30 for reconnections during normal working hours or the actual cost after normal working hours shall have been paid.
[Ord. No. 8712, § 1, 4-2-1998]
The Director of Public Services shall be authorized to adjust water bills in the event of abnormally high water bills caused by unexplainable or other reasons. Adjustments of this nature shall be made at the discretion of the Director of Public Services based upon a written policy adopted by the Department. Said policy shall be placed on file with the City Clerk.