7.01 DEFINITIONS
Terms used in this chapter mean as follows
Abbreviations:
(a) MSHD shall mean the Michigan State Health Department.
(b) SOCWA shall mean the Southeastern Oakland County Water Authority.
Council: The Village Council of the Village of Beverly Hills.
Department: The Water Department of the Village of Beverly Hills.
Main: Any pipe or pipes other than service pipes used for conveying or distributing water.
Premises: A single dwelling or apartment occupied by one family only, together with the land connected therewith and such outbuildings as are used exclusively in connection therewith, or a single room or number of rooms or building occupied for business or other purposes by one person, organization, association, firm or corporation.
Residential Property Owner: A residential property owner is a single family residential property or a homeowner's association utilizing village water service. {Ord. 349; 7-5-14}
Secondary Area Maintenance Water Meter: A secondary area maintenance water meter is directed exclusively to a sprinkler system or outside spigot or connection such as, but not limited to, a swimming pool, which water would not enter a sanitary sewer system and will not be applied to the calculation of the sewage disposal bill for the property. {Ord. 349; 7-5-14}
User: A person, firm, association or corporation actually owning or leasing any premises supplied, or to be supplied, with Village water or their duly authorized agent.
Village Manager: The person appointed by the Village Council to manage the Water Department.
Water Service Pipe: Pipe tapped into the water main and extending thence to the meter.
Water Supply System or Water System: Any part of equipment or materials attached to the water mains conveying water furnished by the Village of Beverly Hills except those parts of the water service pipes located on private property.
7.02 ADMINISTRATION
(a) Direction. The supply system of the Village of Beverly Hills including all property and employees in connection therewith shall be known as the "Village of Beverly Hills Water Supply System" and shall be under the direction of the Village Manager, who shall account to the Village Council concerning the operation of the system.
(b) Village Manager's Duties. The Village Manager shall have charge of the maintenance and operation of the water supply system and shall supervise all extensions and alterations to said system as directed by the Council. He shall be responsible for the reading of all water meters, for the enforcement of the payment of water bills and other charges. He shall prepare and present to the Village Council in the manner the Council may designate, a quarterly financial statement of the receipts and expenditures of the system. He shall also enforce the terms of this chapter.
(c) Employees. The Village Manager shall appoint within budgetary appropriations such employees as shall be necessary to maintain and operate such system. Employees shall serve at the pleasure of the Village Manager and shall be paid in accordance with salary schedules as set by budget appropriations.
(d) Finances. All revenues from said system shall be accounted for in a manner satisfactory to the Village Council and shall be deposited forthwith in the depository or depositories designated by the Village Council. A separate system of accounts shall be kept of said system.
(e) Water Supply Control. The Water Department shall control and regulate the supply of water facilities to all private and public premises within the Village.
7.03 WATER MAIN EXTENSIONS
(a) Council Direction. Extensions of, or changes in, the water mains shall be made only by the direction of the Council. Petitions for the extension of old or construction of new mains shall be in accordance with the Village Charter, special assessments provisions.
(b) Agreement. Any person installing water mains at his own expense shall first submit complete plans and specifications, prepared by registered civil engineer, for such work, to the Village Engineer for approval. After such plans and specifications have been approved, the person shall enter into an agreement with the Village guaranteeing the installation of the improvements. Such agreement shall remain in effect for a period of one (1) year after the completion of the installation guaranteeing that the installation conforms to all Village standards and insuring that the job is completed in good workmanlike manner and that the site of the work is left in as good condition as before the job was begun, and agreeing to save the Village harmless from all damages to such improvements during the course of construction of said improvements and any subsequent construction of homes in the improved area.
The agreement is to be secured by satisfactory bond or cash deposit. After execution of said agreement and bond and submittal of four (4) approved sets of construction plans and specifications, the department shall issue a construction permit to a reliable contractor engaged by the person desiring the extension. No construction of water mains by persons other than the department will be allowed without a construction permit.
Construction shall be done under the supervision of the department which shall require such tests made as it considers necessary. The Council shall accept all, or part of such installation for the Village upon the certificate of the department that the installation has passed final inspection. All inspection costs and the costs of reviewing plans and specifications shall be paid by the party installing these water mains in the amount of three percent (3%) of the total cost of construction of the improvements.
The provisions in this subsection shall also apply to any installations of water mains outside the corporate limits of the Village where permission has been granted by the Council to connect to the department mains.
(c) Standards. All water mains, including materials and workmanship hereinafter constructed or installed shall conform to the current standards and specifications of the Detroit Water Supply, the Southeastern Oakland County Water Authority, and the Village of Beverly Hills.
7.04 WATER SERVICES PIPES
(a) All water service pipes on either public or private property, including materials, workmanship and location hereinafter constructed or installed shall conform to the current standards and specifications of the Detroit Water Supply, the Southeastern Oakland County Water Authority and the Village of Beverly Hills.
(b) All applications for use of water through a service pipe, all applications for installation of service pipes and all applications for meters shall be made at the office of the Water Department by the owner or a licensed plumber representing the owner. All new installations will be one inch (1") meters.
(c) All applications shall state in full detail the purposes for which the supply is required, the correct street address, lot number and any other information required by the Water Department.
(d) All expenses incurred by reason of incorrect information given in application shall be charged to and paid by the applicant or his or her agent.
(e) No service shall be installed when the plumber's pipe is in line with a driveway, tree, fire hydrant, catch basin or other obstruction.
(f) All service connections and service pipes from the Village's mains to lot line shall be put in only by properly authorized employees of the Water Department. Before receiving a permit for a service connection, there must be paid such a sum as the Village may require to cover the expense of installing same.
(g) Service connections from the curb stops installed at the lot line by the Water Department to the customer's building shall be installed by a licensed plumber in complete conformity with all these rules and regulations, provided however, that a property owner may make such a service connection himself provided he first obtains a permit to do so from the Water Department, and the work is done in complete conformity herein, followed by inspection by the Water Department.
(h) The water service pipe from the main to the curb stop, also the curb stop and the stop box will be provided in place by the department under the fee for water permit hereinafter provided. Water service pipe, from main to the property line, shall be maintained by the department, but this clause shall not apply to old services installed by private parties. The curb stop, stop box and all water service pipe from the property line to the meter shall be maintained by the owner of the premises.
(i) There shall be no joints between the curb stop and the meter unless commercial lengths are not available to allow for this provision (in the event of excessive building setbacks). All joints between the main and the meter shall be flared type joints. No person shall interfere in any way with water service pipe installed by the department. No person is permitted to turn water on or off at the curb stop except for the purpose of testing his work, in which case the curb stop shall be left in the same condition and position as he found it. Any plumber called upon to shut off water and drain pipes in any premises shall do so inside the building only. The license of any plumber violating the provisions of this paragraph shall be revoked.
(j) A separate gate valve the same size as the meter connections shall be placed on the service pipe on both sides of the meter. Such valves shall be equal in quality to the service cock.
(k) Licensed plumbers shall not interfere in any way with water service pipes installed by the department and are not permitted to turn on or off at the stop cock except for the purpose of testing their work, in which case the stop cock shall be left in the same condition and the position as they found it. Any plumber called upon to shut off water and drain pipes in any premises shall do so inside the building only. The license of any plumber violating provisions of this paragraph may be revoked.
(l) In no case shall there by any connection between water pipes receiving their supply from the Village mains and pumps or tanks receiving their supply from any other service. The use of such a connection is prohibited whether or not it is provided with one or more check valves.
(m) Systems using water from other sources than Village mains must paint a light blue color all pipe lines carrying Village water and all lines carrying water from other sources shall be painted brown. Failure to comply with the above section shall be deemed sufficient cause to discontinue the water supply on any premises where this violation occurs.
(n) A plugged tee or any other accessible outlet between the meter and the main will not be allowed.
7.05 WATER METERS
(a) All premises using Village water shall be metered and shall pay for water at the rate established from time to time by the Village Council. In no case will water be supplied, except for temporary use by Council approval, at other than the established water rate.
(b) The property owner or agent shall pay, at time of application for water service, the cost of water meter furnished by the department, but such meter shall remain the property of the department and will at all times be under its control.
(c) Repair charges shall be made to the customer for all damages occurring to meters due to the carelessness or negligence on the part of the customer. The Village Council may impose a deposit fee charge for a meter by resolution of the Council.
(d) The expense of installing the meter set-up shall be borne by the owner. The meter couplings or flanges will be furnished by the department. The maintenance of the meter will be the obligation of the department, providing that where replacements, repairs or adjustment of the meter are made necessary by the act, neglect or carelessness of the owner or occupant of any premises, the expense to the department caused thereby may be charged against and collected from the owner or occupant of the premises.
(e) The accuracy of any meter installed in any premises will be tested by the Water Department upon written request of the customer, who shall pay in advance a fee of, as determined from time to time by Council Resolution, to cover the cost of the test and agree to come to the meter shop and witness the test. If, on such test, the meter shall be found to register over five percent (5%) more water than actually passes through it, another meter will be installed and the, as determined from time to time by Council Resolution, will be refunded to the customer, and the water bill may be adjusted in such manner as may be fair and just. {Ord. 319; 11-16-04}
(f) In the event that any meter is found defective or fails to register, the customer will be charged the same amount as was charged in the preceding season quarter.
(g) Meters for terraces and apartment houses may have a single connection with meter for all connecting houses, or separate connections to each.
(h) More than one meter may be used for business property occupied by more than one tenant. In case more than one meter is used, an agreement must be signed by the owner protecting the Village in treating this property in its entirety should it necessitate a shut-off to enforce payment of rate.
(i) Meter larger than two inches (2") in size must be of the compound type except in special cases where in the judgment of the Water Department other type of meters would be satisfactory.
(j) Couplings for meter and meter templates will be furnished on receipt at the Water Department office of application blank properly filled out by a licensed plumber.
(k) Upon special permission being granted by the Water Department, meters may be installed in the meter wells of a type approved by the Water Department.
(l) The service meter wells for setting meters one inch (1") or less in size shall be a type suitable for outside service meter settings in cold climates. The meter well shall be standard prefabricated type made of concrete or vitrified clay. The meter wells shall have a minimum inside diameter of twenty inches (20") and a minimum depth of 40 inches (40"). The meter wells shall be equipped with a cast iron frame and double cover suitable for installation on the type of meter well furnished. Meter wells for setting meters larger than one inch (1") in size shall be of a type approved by the Water Department.
(m) All meter wells shall be drained to a sewer if within one hundred feet (100') of sewer and must in such cases have trap next to well. If well is not drained in this manner, it must be provided with sump for pumping water out.
(n) When, due to faulty work, it is necessary to make more than one trip to set a meter, a charge, as determined from time to time by Council Resolution, will be made for each additional trip. {Ord. 319; 11-16-04}
(o) All persons are forbidden to interfere with or move a water meter from any service connection without first receiving permission from the Water Department.
(p) The owner of any premises where a meter is installed shall be held responsible for its care and protection from freezing or damage by hot water and from injury or interference by any person or persons.
(q) Meters and their valves will not be allowed in closets or compartments that are kept locked, or in coal bins, in or under toilet room floors, under buildings, porches, show windows, show boards or where they are difficult of access.
(r) All meters shall be set horizontally in dry, clean, sanitary places, perfectly accessible with valves on both sides, and where a small leak or the spilling of water will do no damage.
(s) All services 1-1/2 inches or larger must have a tee between the meter and outlet valve, to be used for testing the meter without its removal. The size of the side opening of this tee shall be 1-1/2 inch service pipes, 2 inches for all service pipes up to 4 inches, and 3 inches for larger service pipes, according to plans which can be had on application. The side opening of such tee shall be plugged. All meters 1-1/2 inches or larger must be set by the plumber after the settings have been inspected and approved by the Water Department.
(t) By-passes of the same size as meters are required on 1-1/2 inch to 6 inch connections. By-passes will not be allowed on 1 inch meters or smaller. The by-passes shall be constructed according to plans furnished by the Village.
(u) The Village requires all private fire lines and sprinkler systems to be metered. The owner shall purchase the meter and deliver it to the Village for testing and the meter must meet the requirements of the Village.
(v) Secondary Area Maintenance Water Meters. At the option and expense of a residential property owner, an additional water meter, referred to as a secondary area maintenance water meter, may be installed. The secondary area maintenance water meter shall allow for the metering of water that is directed exclusively to a sprinkler system or outside spigot or connection such as, but not limited to, a swimming pool, which water would not enter a sanitary sewer system and will not be applied to the calculation of the sewage disposal bill for the property. The installation, use and other provisions of village ordinances, which apply to a single water meter, shall also apply to the secondary area maintenance water meter. The property owner must comply with all department of public works requirements and pay all associated costs for the installation of a secondary area maintenance water meter. {Ord. 349; 7-5-14}
7.06 WATER SERVICE CONNECTIONS
(a) Before any connection shall be made to any water main, application for same shall be made in writing to the department by the owner of the premises to be served, or by his or her authorized agent. Such application shall be made on forms provided by the department. The owner, user, and/or applicant for a water tapping permit by such application impliedly agrees to abide by all rules and regulations of the department in all respects, but more especially with those respecting the responsibility for the payment for water and this paragraph is expressly made a part of such application.
(b) The location of service load at the property line will be designated by the owner and shown on application unless there are, in the opinion of the department, reasons for changing same.
(c) No such connection shall be made until the applicant has paid the necessary deposit, or fee if known, for same in accordance with schedule of rates set forth by the Council from time to time. Such schedule will be available for public inspection at the offices of the department.
(d) Property owners not within the Village corporate limits may connect into the Village water mains only upon the approval of the Village Council. All connections shall comply with this chapter.
(e) At the time application is made for a service connection to a new building, the applicant shall pay a deposit, as determined from time to time by Council Resolution, to guarantee maintenance during the construction period of the water stop-box, which sum shall be retained by the department until final grading of said premises is completed, or upon inspection it shall be determined that the stop-box has been damaged, the department will correct same and apply full deposit for the service so rendered. {Ord. 319; 11-16-04}
(f) No premises shall be served by more than one water service and one meter. A building under one ownership consisting of several premises may be served by more than one water service and meter upon approval by the department, but in no case shall the number of water services and meters exceed the number of premises. In multiple installations, no totalizing meter will be installed or read by the department. When more than one meter is served by one water service, all the meters served by the service must operate from a manifold type arrangement. Failure of one unit in a manifold type arrangement to pay for water received will result in a discontinuance of water to that meter.
(g) Where a building originally built as a single building or premises and fitted with one service pipe shall thereafter be subdivided and each subdivision shall be separately owned, the separate division or divisions so made must be connected to the main by separate service pipes within thirty (30) days after such subdivision.
(h) Automatic underground sprinkling systems for watering grounds must not be installed in the road right-of-way in such a manner that piping will be in the way of Water Department operation. Any damages incurred to such installations is the sole responsibility of the owners and the department will not repair same.
(i) No person shall obstruct or interfere with any stop cock, valves or any appurtenances connected with the Village's water mains by placing in, or about it, building materials, rubbish, soil, snow or other hindrance to easy and free access thereto.
7.07 WATER RATES AND PAYMENTS
(a) The owner or occupant of any land or premises, against which water and/or sewage disposal rates, if any, shall be assessed, and shall pay the same to the Village Treasurer, Water Department or its authorized agent monthly or quarterly according to such rules and regulations as may be adopted by resolution from time to time by the Village Council.
(b) All premises shall be billed quarterly.
(c) The department shall deliver or mail bills to the premises to which the water is supplied, but will assume no responsibility for loss or failure of such bill to reach the proper person. Tenants of premises for which the owner pays the water bills should see that such bill reaches the owner promptly for payment.
(d) Water bills shall be payable on or before due date without discount. Bills not paid on or before the last net payment date, as indicated on the face of the bill, shall be subject to a ten percent (10%) penalty charge. Customers whose bills are unpaid thirty (30) days after due date shall be forwarded a shut-off notice and if bills are not paid within fifteen (15) days after the date of the shut-off notice, the customer's service shall be then turned off immediately without further notice. An additional penalty, as determined from time to time by Council Resolution, will be charged to the customer and shall be paid together with all unpaid charges before service will be turned on again. {Ord. 319; 11-16-04}
(e) All charges for water will be made against the owner of the premises supplied, unless otherwise agreed between the owner and tenant. However, this agreement shall not relieve the owner of the premises from the responsibility for payment for water charges, should the tenant fail to pay for same.
(f) Charges for water supplied shall constitute a lien on the property served, and if not paid within six months shall be certified to the Village Assessor, who shall enter same on the next tax roll. Such deficiency shall be collected in the same manner as provided for the collection of taxes assessed upon such roll and the enforcement of the lien thereon.
(g) No free services shall be furnished by the department to any person, firm or corporation, public or private.
(h) All payments received for water shall be applied to arrears items, if any.
(i) The Village Council shall adopt by resolution a schedule of rates for water furnished by the department. Such schedule and/or any revisions thereof shall take effect for each consumer upon the next billing following the adoption thereof.
(j) Rates for special or temporary supply of water for any purpose shall be fixed by the Water Department.
(k) In the case of temporary vacancy of any premises, the water will be turned off at the stop box and the meter removed by the Water Department upon written request of the owner of the premises to the department. The water will be turned on again and the meter set when requested. The minimum charge for any quarter in which such vacancy occurs will be reduced in proportion to such vacancy, but no rebate will be allowed for a period of less than thirty (30) successive days in any quarterly period. When premises are left unoccupied with water not turned off by the department, no rebate will be allowed nor will any allowance be made for any water registered by the water meter that may leak or waste through the plumbing or fixtures.
7.08 SHUTTING OFF WATER
The Village reserves the right to shut off the supply of water to any customer without any preliminary notice, for any reason whatsoever. The Village reserves the specific right, power and authority to cut off the supply of water any time without incurring any liability or cause of action for damages, any regulation to the contrary notwithstanding, and the Village shall not be liable under any circumstances for a deficiency or failure in the supply of water.
7.09 OPENING CURB STOPS
When new water service pipes are put into any premises the curb stop shall be left closed, and will thereafter be opened by the department only upon request of the owner or his agent. Under no circumstances shall curb stops be opened or closed by any person not an employee or agent of the department except that a licensed plumber may open a curb stop to test his work.
7.10 SEPARATE SERVICE LINES
Water shall be taken and used only through water service pipes under the supervision of the department and no connection through which water may pass from one property to another shall exist even though the ownership of both properties may be the same.
7.11 WASTE OF WATER
Excessive or unnecessary use or waste of water, whether caused by carelessness or by defective or leaky plumbing or fixtures is strictly prohibited. For disregard of, or repeated violation of this requirement, the water may be turned off by the department.
7.12 TURNING ON WATER
Where the water has been turned off by the department for any reason, no person except an authorized employee or agent of the department may turn it on again. When this rule is violated the person so doing shall be liable to the penalties hereinafter provided, and the water may be shut off at the corporation cock at the main, in which case the owner shall, before it is turned on again, pay in advance the charge of the department therefore, which shall be fixed by the department based on time and material plus ten percent (10%).
7.13 STEAM BOILERS
No steam engine boilers shall be directly connected to the water service pipe. The owner shall provide a tank of sufficient capacity to afford a supply for at least ten (10) hours into which the service pipe shall discharge.
7.14 WATER USE REDUCTION
(a) The Village Council is authorized at any time, when in its opinion the interest of the Village will be best served thereby, to restrict, regulate or prohibit any person from utilizing the public water supply system for any type of outdoor use. Notice of such order shall be given by publication thereof in a newspaper published or circulated in the Village of Beverly Hills or by distributing a copy of such notice to business and residential buildings within the Village.
(b) The Village Manager is authorized to restrict, regulate or prohibit any person from utilizing the public water supply system for any type of outdoor use during a "Water Use Reduction Emergency". The beginning, end and extent of any such emergency shall be declared by the Southeastern Oakland County Water Authority (SOCWA) which shall announce such declaration by use of public radio or television and newspapers covering the Village.
7.15 AIR CONDITIONING USE
(a) Permit. No person shall use water in operation of any air conditioning or cooling apparatus except upon written permit from the department. Any such person desiring to use water for such purpose shall file with the Building Inspection Department a written application for such a permit setting forth the premises whereon such water is to be used, the customary use made of such premises, the type of air conditioning, the cooling machinery, or apparatus wherein such water will be used, the approximate hours of the day or night during which the same will be in operation and the maximum water consumption in gallons per minute of such machinery or apparatus when operated at full capacity. Such application shall be referred to the department and it is hereby vested with sole discretion of approving or denying the same, providing that it shall not be authorized to approve any permit where the maximum water consumption at any period shall exceed ten (10) gallons per minute. If such application shall be approved the Building Inspector shall issue a permit to such applicant upon payment to the Village Treasurer of a permit fee, as determined from time to time by Council Resolution. Such a permit shall be subject to revocation by the department upon twelve (12) hours written notice. {Ord. 319; 11-16-04}
(b) Demand Charge. There shall be included in the department's schedule of water rates a demand charge applicable to all water cooled air conditioning equipment used for space cooling for human comfort that is not of the approved water conserving type.
(c) Billing. The demand charge shall be in addition to the current charge for water used and shall be billed and collected in the manner described herein, and otherwise shall be subject to all the rules and regulations of the department in regard to collection of water bills, including penalties for non-payment thereof.
(d) Due Date. The annual demand charge shall be billed in one sum on or about May 1 of each year and be due and payable without penalty charge on the due date indicated on the bill, which date shall be in no case be less than ten (10) days after the bill is properly addressed and placed in the United States mail depository.
(e) Newly Installed Units. The demand charge shall be applicable to all air conditioning units of the type herein described which are installed and connected to the Beverly Hills water system prior to October 1 of the calendar year in question; provided however, that the demand charge for air conditioning units installed and connected to the Beverly Hills water system during the air conditioning season shall apply as follows:
For units installed and connected to the Beverly Hills water system prior to July 1, entire annual charge; between July 1 and July 31, 3/4 of the annual charge; between August 1 and August 31, 1/2 of annual charge; between September 1 and September 30, 1/4 of annual charge; after September 30, no charge for the calendar year.
(f) Disconnected Units. Air conditioning units subject to the demand charge which are permanently disconnected from the Beverly Hills water system or which are converted to the approved water conserving type during the air condition season, shall be subject to the demand charge as follows:
Disconnected or converted prior to May 1, no charge.
Disconnected or converted between May 1 and June 30, 1/4 annual charge.
Disconnected or converted between July 1 and July 31, 1/2 annual charge.
Disconnected or converted between August 1 and September 30, 3/4 annual charge.
After September 30, entire annual charge.
(g) Off-Season Use. Users of air conditioning equipment of the approved water conserving type may, if they so elect, use water as the cooling medium without recirculation between October 1 and May 1, without causing such use of equipment to be subject to the demand charge.
(h) Rated Capacity. The capacity of a unit in tons shall be the greatest of the following:
1. The manufacturers rating in tons per twenty-four (24) hours of equivalent ice making capacity.
2. The twenty-four (24) hour BTU rating of heat removal capacity divided by 288,000.
3. The horsepower rating of the motor driving the refrigerant compressor.
4. Nine-tenths of the horsepower rating of a motor driving both compressor and fan.
5. Where none of the above ratings is available, or where question arises as to the accuracy of any rating, the rating shall be determined by measurement of power input to the compressor motor, the rate of fuel consumption, or other suitable means.
(i) Approved Water Conserving Type. Approved water conserving type shall be one:
1. Which is equipped with cooling tower, atmospheric condenser, spray pond, or other equipment which shall directly or indirectly cool refrigerant, and
2. Which can use water from the Beverly Hills water system for makeup water to replace water lost by evaporation or by flushing of the equipment, and
3. Which uses an average of less than twelve (12) gallons of water from the Beverly Hills water system per hour per ton of cooling capacity when the unit is operating, and
4. Which has no piping connection to allow operation of the air conditioning unit by direct use of water from the Beverly Hills water system either in conjunction with or in place of such cooling tower, atmospheric condenser, spray pond, or other recirculating and heat-exchanging equipment.
7.16 WATER FOR FIRE PROTECTION
(a) Where hose connections for fire apparatus are provided on any pipe, each connection or opening on the pipe shall have not less than twenty-five (25) feet of fire hose constantly attached thereto, and no water shall be taken through such openings or hose for any purpose other than for the extinguishing of fires or testing such fire equipment. Any such test must be conducted under special permit and under the supervision of the Director of Public Safety. Fire lines must be metered as provided for in Section 7.05 (u).
(b) No person shall open or cause to be opened any fire hydrant without first securing written approval from the Director of Public Safety. Written approval from the Director of Public Safety must then be presented to the Water Department and make application for a "Permit to Use Fire Hydrant," specifying what hydrants are to be used and for what purpose. A deposit of fifty dollars ($50) will be required if permit is granted to cover the cost of water, repairs to hydrant (if any), and inspection charge of three dollars ($3) per hydrant per inspection. See Section 27.17.
(c) If the applicant intends to use the hydrant and take water therefrom for not more than two (2) days he shall pay the sum of five dollars ($5); in the event he intends to use the hydrant for a longer period he shall pay the cost of attaching a meter to the hydrant in addition to the sum of ten dollars ($10) on account of the water used. No permit shall be issued without payment as herein set forth. After the use of the hydrant is discontinued, the permittee shall be charged for water consumed at the prevailing rates as shown by the meter. The applicant shall receive a refund if the charge for the water consumed is less than ten dollars ($10); otherwise he shall pay the difference between ten dollars ($10) and the amount actually due. All fees for permits and charges for water shall be paid into the water fund.
(d) Upon issuance of any permit, it shall be the duty of the Director of Public Safety to furnish the Village Manager a copy thereof. The Director of Public Safety shall, when the use of such hydrant has been discontinued, cause said hydrant to be inspected and if any damage has been done to such hydrant the Director of Public Safety shall make a report thereof the Village Manager whose duty it shall be to recover the amount of such damage from the permittee.
7.17 ACCESS TO PREMISES
Any official or authorized employee of the Water Department shall have free access at all reasonable hours to any premises supplied with department water for the purpose of making an inspection thereof, including the examination of the entire water supply and plumbing system on said premises. No person shall refuse to admit the authorized inspectors and employees of the department to any premises for any such purpose. In case any authorized employee is refused admittance to any premises, or being admitted is hindered or prevented in making such examination, the water shall be turned off from such premises after giving twenty-four hours notice to the owner or occupant thereof.
7.18 CROSS CONNECTIONS
(a) The Village of Beverly Hills adopts by reference the water supply cross connection rules of the Michigan Department of Public Health being R325.431 to R325.440 of the Michigan Administrative Code, copies of which Code are available in the office of the Village Clerk for inspection by the public anytime during regular working hours.
(b) It shall be the duty of the Water Department to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the department and as approved by Michigan Department of Public Health.
(c) Representatives of the Water Department shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the Village of Beverly Hills for the purpose of inspecting the piping system or systems thereof for cross connections. Upon request, the owner, lessees or occupants of any property so served shall furnish to the department any pertinent information regarding the piping system or systems on such property. The refusal to furnish such information or refusal of access, when requested, following reasonable time to comply, shall be deemed evidence of the presence of cross connections.
(d) The department is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this section exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connections have been eliminated in compliance with the provisions of this section.
(e) The potable water supply made available on the properties served by the public water supply of the Village of Beverly Hills shall be protected from possible contamination as specified by this section and by the State and Village plumbing codes. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as follows:
WATER UNSAFE FOR DRINKING
(f) That all testable backflow prevention assemblies shall be tested initially upon installation to be sure that the assembly is working properly. Subsequent testing of assemblies shall be on an annual basis as required by the Village of Beverly Hills and in accordance with Michigan Department of Environmental Quality requirements. Only individuals that are approved by the Village and State of Michigan and certified shall be qualified to perform such testing. That individual(s) shall certify the results of the testing.
(g) That any person or customer found guilty of violating any of the provisions of this ordinance or any written order of the Village of Beverly Hills Water Department, in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $500.00 or 90 days in jail. Each day upon which violation of the provisions of this act shall occur shall be deemed a separate and additional violation for the purpose of this ordinance. {Ord. 351; 8-8-14}
7.19 LIABILITY OF DEPARTMENT
Should it become necessary to shut off water from any section of the Village because of accidents or for the purpose of making repairs or extensions, the Water Department will endeavor to give timely notice to the consumers affected thereby, and will, so far as practical use its best efforts to prevent inconvenience and damage arising from any such causes, but failure to give such notice shall not render the department responsible or liable for damages that may result therefrom, or for any other cause.
7.20 VIOLATIONS
Any violation of the provisions of this chapter shall subject the violator to the penalties set forth in section 1.06.