Chapter

50. GENERAL PROVISIONS

51. WATER

52. SEWERS

53. SOLID WASTE

54. ELECTRIC

CHAPTER 50: GENERAL PROVISIONS

Section

50.01 Denial of service; when prohibited
50.02 Utility bills; collection
50.03 Discontinuance of service; notice procedure
50.04 Diversion of services, meter tampering, unauthorized reconnection, prohibited; evidence
50.05 Diversion of services; penalty
50.06 Lien
50.07 Residential rental property
50.08 Deposit

§ 50.01 DENIAL OF SERVICE; WHEN PROHIBITED.

No applicant for the services of a public or private utility company furnishing water, natural gas, or electricity at retail in this municipality shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitations or discharge in bankruptcy proceedings.
(Neb. RS 70-1601)

§ 50.02 UTILITY BILLS; COLLECTION.

Charges for utility services provided by or through the city shall be billed jointly on a monthly basis. The Utilities Superintendent shall read, or cause to be read, water and electric meters on or around the 15th day of each month. Utility bills shall be mailed on the first day of each month, and shall be due upon receipt and payable by the tenth day of each month. Bills paid after the tenth day of each month shall have a penalty charge added thereto in an amount set by resolution of the City Council and on file in the office of the Municipal Clerk or Utilities Superintendent. Bills not paid by the 25th day of each month shall be deemed to be delinquent. Upon being deemed to be delinquent, the city may discontinue service pursuant to § 50.03. Once discontinued, service shall not be recommenced except upon payment of a reconnection fee in an amount set by resolution of the City Council. The city may also take any action authorized by law to effect collection of the delinquent charges.
(`88 Code, § 3-301)

§ 50.03 DISCONTINUANCE OF SERVICE; NOTICE PROCEDURE.

(A) The municipality shall have the right to discontinue utility services and remove its properties if the charges for such services are not paid within seven days after the date that the charges become delinquent. Before any termination, the municipality shall first give notice by first-class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days, weekends and holidays excluded, after notice is sent or given. As to any subscriber who has previously been identified as a welfare recipient to the municipality by the Department of Health and Human Services, such notice shall be by certified mail, and notice of such proposed termination shall be given to the Department of Health and Human Services.

(B) The notice shall contain the following information:

(1) The reason for the proposed disconnection;

(2) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the municipality regarding payment of the bill;

(3) The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;

(4) The name, address, and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;

(5) The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;

(6) A statement that the municipality may not disconnect service pending the conclusion of the conference;

(7) A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate which shall certify that the domestic subscriber or a resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the municipality's service to that household. Such certificate shall be filed with the municipality within five days of receiving notice under this section and will prevent the disconnection of the municipality's service for a period of 30 days from such filing. Only one postponement of disconnection shall be allowed under this subsection for each incidence of nonpayment of any past-due account;

(8) The cost that will be borne by the domestic subscriber for restoration of service;

(9) A statement that the domestic subscriber may arrange with the municipality for an installment payment plan;

(10) A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and

(11) Any additional information not inconsistent with this section which has received prior approval from the City Council.

(C) A domestic subscriber may dispute the proposed discontinuance of service by notifying the municipality with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the municipality may discontinue services.

(D) The procedures adopted by the City Council for resolving utility bills, three copies of which are on file in the office of the Municipal Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.

(E) This section shall not apply to any disconnections or interruptions of services made necessary by the municipality for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(`88 Code, § 3-303) (Ord. 410, passed 1-5-98)
Statutory reference:
Utility discontinuance regulated, see Neb. RS 70-1602 et seq.

§ 50.04 DIVERSION OF SERVICES, METER TAMPERING, UNAUTHORIZED
RECONNECTION, PROHIBITED; EVIDENCE.

(A) Any person who connects any pipe or conduit supplying water, without the knowledge and consent of the municipality, in such manner that any portion thereof may be supplied to any instrument by or at which water may be consumed without passing through the meter provided for measuring or registering the amount or quantity passing through it, and any person who knowingly uses or knowingly permits the use of water obtained in the above mentioned unauthorized ways, shall be deemed guilty of an offense.
(Neb. RS 86-329)

(B) Any person who willfully injures, alters, or by any instrument, device, or contrivance in any manner interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or quantity of water passing through it, without the knowledge and consent of the municipality shall be deemed guilty of an offense.
(Neb. RS 86-330)

(C) When water service has been disconnected pursuant to Neb. RS 70-1601 to 70-1615, or § 50.03 of this code, any person who reconnects such service without the knowledge and consent of the municipality shall be deemed guilty of an offense.

(D) Proof of the existence of any pipe or conduit connection or reconnection or of any injury, alteration, or obstruction of a meter, as provided in this section, shall be taken as prima facie evidence of the guilt of the person in possession of the premises where such connection, reconnection, injury, alteration, or obstruction is proved to exist.
(Neb. RS 86-331) (`88 Code, § 3-304) Penalty, see § 10.99

§ 50.05 DIVERSION OF SERVICES; PENALTY.

(A) The municipality may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts bypassing, tampering, or unauthorized metering when such act results in damages to a municipal utility. A municipality may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering or unauthorized metering.

(B) In any civil action brought pursuant to this section, the municipality shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering to recover as damages:

(1) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or

(2) Liquidated damages of $750, if the amount of actual damage or loss is not susceptible of reasonable calculation.

(C) In addition to damage or loss under subdivisions (B)(1) or (2) of this section, the municipality may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering, including but not limited to disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys' fees in cases within the scope of Neb. RS 25-1801.
(Neb. RS 86-331.02)

(D) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant:

(1) Had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist; and

(2) Was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.

(E) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
(Neb. RS 86-331.03)

(F) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws, and the remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common law remedies.
(Neb. RS 86-331.04)
Statutory reference:
Definitions related to diversion of utility services, see Neb. RS 86-331.01

§ 50.06 LIEN.

In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for utilities service furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent utility rent which is hereby declared to be a lien upon the real estate for which the same was furnished. The Municipal Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of the utilities rent. It shall be the duty of the Municipal Clerk to report to the City Council a list of all unpaid accounts due for utilities service together with a description of the premises served. The report shall be examined and, if approved by the City Council, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(`88 Code, § 3-305)
Statutory reference:
Lien authorized for water and sewer delinquency, see Neb. RS 17-538 and 17-925.01
Assessments authorized, see Neb. RS 18-503

§ 50.07 RESIDENTIAL RENTAL PROPERTY.

Upon receipt of notice by the Municipal Clerk that the occupant of residential rental property is vacating the same, and desires that the utilities no longer be placed in his or her name, the City Clerk shall immediately so note on the utility billing record for such rental property and utilities shall then be disconnected, unless the owner of such residential rental property notifies the Municipal Clerk that he or she desires the utilities be placed in his or her name, at which time he shall make a deposit for the same and be liable for such future bills.
(`88 Code, § 3-306) (Ord. 332, passed 7-3-89; Am. Ord. 341, passed 6-4-90)

§ 50.08 DEPOSIT; RECONNECTION FEE.

(A) Any customer desiring service shall be required to make a joint service deposit for all municipal utilities. Such deposit for residential service shall be in the amount of $100. Such deposit for

commercial service shall be in the amount of one and one half times the average monthly bill, such average being computed on the basis of the previous 12-month period of business being sold and purchased, unless it is a new business in which case the deposit shall be in the amount of $200.

(B) Any customer desiring rural trash service shall be required to make a deposit for such service. Such deposit for rural trash service shall be in the amount of 2 times the amount of the rural rate outside the city limits. Rates for solid waste shall be as follows:

(1) Within 1 mile of the city limits: $15 per month = $30 deposit;

(2) Between 1 and 5 miles of the city limits: $20 per month = $40 deposit;

(3) Between 5 and 10 miles of the city limits: $25 per month = $50 deposit; and

(4) Beyond 10 miles of the city limits: $30 per month = $60 deposit.

(C) At the beginning of every month, the City Clerk shall review those deposits which have been held by the City Clerk for a period of 12 months. If a customer has not been delinquent in the payment of his or her utilities/rural trash bill for the previous 12 months, then such deposit shall be returned to the customer in whose name such deposit was made, without interest. If a customer was delinquent in the payment of his or her utilities/rural trash bill for any one or more month(s) in the previous 12-month period, the City Clerk shall hold such deposit for an additional 12 months, and at the end of such additional period, the City Clerk shall once again review such customer's payment record to determine if such customer was delinquent in the payment of his or her utilities/rural trash bill. Such deposit shall not be returned to such customer until the customer can establish a payment record in which he or she was not delinquent in the payment of his or her utilities/rural trash bill for the previous 12-month period.

(D) If, after the return of a deposit, a customer becomes delinquent in the payment of his or her utilities/rural trash bill, the City Clerk shall require such customer to make a deposit in the amount as set in this section, such deposit to be held as set forth in this section for a 12-month period. The City Clerk shall once again review such customer's payment record to see if such customer has been delinquent in the payment of his or her utilities/rural trash bill for the previous 12 months before return of such deposit, without interest. In the event that a customer fails to make such deposit after ten days notice from the City Clerk, such customer's utilities shall be disconnected, or in the case of rural trash customers, their dumpster will be picked up, until he or she has made such deposit.

(E) There shall also be a reconnection fee or pick up fee for dumpsters of $25, to be charged each time the utilities/rural trash service is reconnected or dumpster is dropped back off to a customer after disconnection of such utilities/rural trash service for nonpayment of his or her bill.
(`88 Code, § 3-302) (Ord. 386, passed 3-3-97; Am. Ord. 488, passed 1-19-04)

CHAPTER 51: WATER

Section

General Provisions

51.01 Definitions
51.02 Mandatory hook-up
51.03 Consumer application
51.04 Contract
51.05 Contract not transferable
51.06 Installation procedure
51.07 Licensed plumber
51.08 Repairs
51.09 Single premise
51.10 Restricted use
51.11 Fire hydrants
51.12 Pollution
51.13 Inspection
51.14 Destruction of property
51.15 Police; reports
51.16 Water well head protection

Rates and Charges

51.30 Fees and collections
51.31 Installation expense
51.32 Minimum rates
51.33 Rates

Backflow Prevention

51.50 Connections prohibited; customer reports
51.51 Devices required; installation, maintenance
51.52 Existing booster pump connections; requirements

GENERAL PROVISIONS

§ 51.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MAIN. Any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and dispersing the same in the municipality.

SEPARATE PREMISE. More than one consumer procuring water from the same service or supply pipe. The second premise may be a separate dwelling, apartment, building, or structure used for a separate business.

SERVICE PIPE. Any pipe extending from the shut-off, stop box, or curb cock at or near the lot line to and beyond the property line of the consumer to the location on the premise where the water is to be dispersed.

SUPPLY PIPE. Any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer's premise where the shut-off, stop box, or curb cock is located.
(`88 Code, § 3-102)

§ 51.02 MANDATORY HOOK-UP.

All persons within 300 feet of a water main shall be required, upon notice by the City Council, to hook-up with the Municipal Water System.
(Neb. RS 17-539) (`88 Code, § 3-116)

§ 51.03 CONSUMER APPLICATION.

Every person or persons desiring a supply of water must make application therefor to the Utilities Superintendent. The Utilities Superintendent may require any applicant to make a service deposit in such amount as he or she deems necessary subject to the review of the City Council. Water may not be supplied to any house or private service pipe except upon the written order of the Utilities Superintendent. The Department shall not supply to any person outside the corporate limits water service without special permission from the City Council; provided, the entire cost of laying mains, service pipe, and supply pipe shall be paid by the consumer. Nothing herein shall be construed to obligate the municipality to provide water service to non-residents.
(Neb. RS 17-537, 17-902, 19-2701) (`88 Code, § 3-103)

§ 51.04 CONTRACT.

The municipality through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid. The municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a municipal commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the municipality, as and when, according to law, the City Council may see fit to do so. The rules, regulations, and water rates hereinafter named in this chapter, shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to the consumer shall constitute a contract between the consumer and the municipality, to which contract both parties are bound. If the consumer shall violate any of the provisions of the contract or any reasonable rules and regulations that the City Council may hereafter adopt, the Utilities Superintendent or his or her agent, may cut off or disconnect the water service from the building or premise or place of such violation. No further connection for water service to the building, premise, or place shall again be made save or except by order of the Superintendent or his or her agent.
(`88 Code, § 3-104)

§ 51.05 CONTRACT NOT TRANSFERABLE.

Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall move from the premise where service is furnished, or if the premise is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent who shall cause the water service to be shut off at the premise. If the consumer should fail to give such notice, he or she shall be charged for all water used on the premise until the Utilities Superintendent is otherwise advised of such circumstances.
(Neb. RS 17-537) (`88 Code, § 3-117)

§ 51.06 INSTALLATION PROCEDURE.

In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes are laid, the streets, alleys, and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of 24 hours or more, the Utilities Superintendent shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require two inspections by the Utilities Superintendent. The first inspection shall be made when connections or repairs are completed and before the pipes are covered. The second inspection shall be made after the dirt work is completed and the service is restored. It is the customer's responsibility to notify the Superintendent at the time the work is ready for each inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such installation by the Utilities Superintendent; provided that the rules, regulations, and specifications have been reviewed and approved by the City Council.
(Neb. RS 17-537) (`88 Code, § 3-105)

§ 51.07 LICENSED PLUMBER.

It shall be unlawful for any plumber or pipefitter to do any work upon any of the pipes or appurtenances of the system of waterworks, or to make any connection with or extension of the supply pipes of any consumer taking water from the system until such plumber or pipefitter shall have first procured a license or permit from the municipality. All plumbing shall be done in the manner required by the Utilities Superintendent. The licensed plumber shall be at all times subject to the inspection and approval of the Utilities Superintendent and it shall be further unlawful to cover or conceal willfully any defective or unsatisfactory plumbing work.
(Neb. RS 17-537) (`88 Code, § 3-121) Penalty, see § 10.99

§ 51.08 REPAIRS.

The municipality shall repair or replace, as the case may be, all supply pipe between the commercial main and the stop box. The customer at his or her own expense shall replace and keep in repair all service pipe from the stop box to the place of dispersement. When leaks occur in service pipes, the Utilities Superintendent shall shut off water service until the leak is repaired at the expense of the customer to the satisfaction of the Utilities Superintendent. The customer shall purchase the original water meter and all water meters shall be kept in repair by the municipality at the expense of the municipality. When meters are worn out, they shall be replaced and reset by the municipality at the expense of the municipality; provided, that if the customer permits or allows a water meter to be damaged, injured, or destroyed through his or her own recklessness, carelessness, or neglect so that the meter must be repaired or replaced, the Utilities Superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer. All meters shall be tested at the customer's request at the expense of the customer any reasonable number of times; provided, that if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the municipality. The municipality reserves the right to test any water service meter at any time, and if the meter is found to be beyond repair, the municipality shall always have the right to place a new meter on the customer's water service fixtures at municipal expense. Should a consumer's meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the preceding year; provided, that if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the Utilities Superintendent. It shall be unlawful for any person to tamper with any water meter, or by any means or device to divert water from the service pipe so that the same shall not pass through the meter, or while passing through the meter, to cause the same to register inaccurately.
(Neb. RS 17-537) (`88 Code, § 3-107) Penalty, see § 10.99

§ 51.09 SINGLE PREMISE.

No consumer shall supply water to other families, or allow them to take water from his or her premise, nor after water is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premise for alteration, extension, or attachment without the written permission of the Utilities Superintendent. It shall further be unlawful for any person to tamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the water will not pass through the meter or while passing through the meter to cause the meter to register inaccurately.
(Neb. RS 17-537) (`88 Code, § 3-112) Penalty, see § 10.99

§ 51.10 RESTRICTED USE.

(A) Upon notice from the Mayor or Utilities Superintendent, the use of water for all uses, except domestic uses, shall cease during the fire alarm or during a fire. Water use may resume upon notice by the Mayor or Utilities Superintendent.

(B) The Mayor or Utilities Superintendent may order a shut off of water on any premises in the event of a water shortage due to a fire or other good and sufficient cause. The municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the municipality shall have no control.

(C) In the case of a shortage, imminent shortage, or possible contamination of the public water supply, the use of water may be restricted according to a restriction plan adopted by resolution of the City Council.
(Neb. RS 17-537) (`88 Code, § 3-113) (Ord. 342, passed 7-2-90) Penalty, see § 10.99

§ 51.11 FIRE HYDRANTS.

All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the Municipal Fire Department under the orders of the Fire Chief, or the Assistant Fire Chief; or members of the Utilities Department to open or attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with the hydrants.
(`88 Code, § 3-114) Penalty, see § 10.99

§ 51.12 POLLUTION.

It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Municipal Water Department.
(Neb. RS 17-536) (`88 Code, § 3-115) Penalty, see § 10.99

§ 51.13 INSPECTION.

The Utilities Superintendent, or his or her duly authorized agents, shall have free access, at any reasonable time, to all parts of each premise and building to, or in which, water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water.
(Neb. RS 17-537) (`88 Code, § 3-118)

§ 51.14 DESTRUCTION OF PROPERTY.

It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building, machinery, apparatus, fixture, attachment, or appurtenance of the Municipal Water Department. No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above mentioned property without the written permission of the Utilities Superintendent.
(`88 Code, § 3-120) Penalty, see § 10.99

§ 51.15 POLICE; REPORTS.

It shall be the duty of the County Sheriff to report to the Utilities Superintendent all cases of leakage and waste in the use of water and all violations of the municipal code relating to the Water Department. They shall have the additional duty of enforcing the observance of all such regulations.
(`88 Code, § 3-119)

§ 51.16 WATER WELL HEAD PROTECTION.

In order to protect the health, safety and welfare of the citizens of the city by protecting its water supply from pollution and contamination, it shall be unlawful to build any structure within 500 feet of a well head of the city's water supply without approval of the City Council. It shall also be unlawful to store within 1,000 feet of a city water well head any chemical, grain, or other material that may contaminate or pollute the city water supply.
(`88 Code, § 3-123) Penalty, see § 10.99

RATES AND CHARGES

§ 51.30 FEES AND COLLECTIONS.

The City Council has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the Municipal Clerk. The Utilities Superintendent shall bill the consumers and collect all money received by the municipality on the account of the Water Department. He or she shall faithfully account for, and pay to the Municipal Treasurer all revenue collected by him or her, taking his or her receipt therefor in duplicate, filing one with the Municipal Clerk and keeping the other on file in the Water Department's official records.
(Neb. RS 17-540) (`88 Code, § 3-108)

§ 51.31 INSTALLATION EXPENSE.

The municipality shall pay the costs of tapping the main, installing the meter, and providing fixtures and labor up to and including the stop box at the lot line of the customer. No person other than the Utilities Superintendent or his or her duly authorized agent shall tap the water main. The customer shall pay a tap fee of $100; provided, that a tap for a ¾-inch pipe shall be deemed to be the minimum or base tap fee. The customer shall at his or her own expense bring water service from the stop box and upon his or her own premise and shall employ a licensed plumber who shall install water service to the place of dispersement. Non-residents shall pay such tap fees and installation charges in such sums as the Utilities Superintendent, pursuant to resolution of the City Council, shall in each case fix. The extension of commercial mains into unsupplied territory within the corporate limits, may be made by means of water extension districts.
(Neb. RS 17-542) (`88 Code, § 3-106) Penalty, see § 10.99

§ 51.32 MINIMUM RATES.

All water consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order, direct the Utilities Superintendent to shut off the water at the stop box, in which case he or she shall not be liable thereafter for water rental until the water is turned on again.
(Neb. RS 17-542) (`88 Code, § 3-109)

§ 51.33 RATES.

(A) Customers of the Municipal Water Department shall be charged a rate based on water usage for the use of water, such water usage to be determined by metering at the place of service to such customer.

(B) The rates for sewer usage shall be set by the City Council from time to time.

(C) The water rates as set by this section shall be reviewed at least annually to keep revenues reasonably in balance with anticipated expenditures. Furthermore, such rates may hereafter be set by resolution of the City Council.

(D) All rates shall be on file at the office of the Municipal Clerk and available for public inspection at any reasonable time during business hours and shall be due and payable pursuant to Chapter 50.
(`88 Code, § 3-110) (Ord. 365, passed 5-13-93; Am. Ord. 389, passed 6-2-97)

BACKFLOW PREVENTION

§ 51.50 CONNECTIONS PROHIBITED; CUSTOMER REPORTS.

(A) No customer or other person shall cause, allow, or create any physical connection between the Municipal Water Distribution System and any pipes, pumps, hydrants, tanks, steam condensate returns, engine jackets, heat exchangers, other water supplied or any other connection whereby potentially unsafe or contaminating materials may be discharged or drawn into the Municipal Water Distribution System.

(B) At least one time every five years, customers of the Municipal Water Distribution and Supply System shall be required to assess and report potential backflow and backsiphonage hazards to the municipality on a form supplied by the municipality to the customer. The customer shall take any steps necessary for protection of public health and safety as determined by the Utilities Superintendent.
(`88 Code, § 3-122) (Ord. 358, passed 8-3-92) Penalty, see § 10.99

§ 51.51 DEVICES REQUIRED; INSTALLATION, MAINTENANCE.

(A) A customer of the Municipal Water Department may be required by the Utilities Superintendent to install and maintain a properly located backflow prevention device at his/her expense appropriate to the potential hazards set forth in Title 179, Nebraska Department of Health, and approved by the Utilities Superintendent.

(B) The customer shall make application to the Utilities Superintendent to install a required backflow prevention device on a form provided by the municipality. The application shall contain at a minimum the name and address of the applicant, the type of potential hazard required, protection, and the type of backflow device to be installed including brand and model number.

(C) The Utilities Superintendent shall approve or disapprove the application based on his/her opinion of whether such installation will protect the Municipal Water Distribution System from potential backflow and backsiphonage hazards.

(D) The installation of the device shall be subject to all other sections of this code dealing with installation of plumbing, including the use of a plumber licensed by the municipality if applicable.
(E) Such customer shall also certify to the municipality at least one time annually that the backflow prevention device has been tested by a Nebraska Department of Health Grade VI Certified Water Operator if the device is equipped with a test port. Such certification shall be made on a form available at the office of the Municipal Clerk.

(F) Any decision of the Utilities Superintendent may be appealed to the Council.
(`88 Code, § 3-125) (Ord. 359, passed 8-3-92)

§ 51.52 EXISTING BOOSTER PUMP CONNECTIONS; REQUIREMENTS.

(A) A customer of the Municipal Water Department who has an existing booster pump connected to the municipal water system shall be required to install and maintain upon such booster pump connection a properly located backflow prevention device and low pressure cut-off switch at his/her expense appropriate to the potential hazards set forth in Title 179 of the Nebraska Administrative Code and approved by the Utilities Superintendent.

(B) The customer shall make application to the Utilities Superintendent to install such backflow prevention device and low pressure cut-off switch on a form provided by the Municipal Clerk. The application shall contain at the minimum the name and address of the applicant, the type, brand and model number of the bakflow protection device and low pressure cut-off switch to be installed.

(C) The Utilities Superintendent shall approve or disapprove the application based on his/her opinion of whether such installation will protect the Municipal Water Distribution System from potential backflow and low pressure hazards.

(D) The installation of such devices shall be subject to all other sections of this code dealing with installation of plumbing and electrical devices, including the use of a plumber and electrician licensed by the municipality if applicable.

(E) Such customer shall also certify to the municipality at least one time annually that the backflow prevention device has been tested by a Nebraska Department of Health Grade VI Certified Waste Operator, if the device is equipped with a test port. Such certification shall be made on a form available at the office of the Municipal Clerk.

(F) Any decision of the Utilities Superintendent made under this section may be appealed to the City Council.
(`88 Code, § 3-125) (Ord. 432, passed 8-7-01)

CHAPTER 52: SEWERS

Section

General Provisions

52.001 Definitions
52.002 Municipal powers
52.003 Application for permit
52.004 Contract
52.005 Contracts not transferable
52.006 Installation procedure
52.007 Repairs and maintenance
52.008 Destruction of property
52.009 Unlawful deposit of wastes or sewage
52.010 Cesspools, privies and septic tanks prohibited
52.011 Mandatory hook-up
52.012 Abandonment

Rates and Charges

52.030 Installation expense
52.031 Classification
52.032 User charge review
52.033 User notification
52.034 Collection of fees
52.035 Rates
52.036 Surcharges
52.037 Sewer maintenance fund

Private Sewage Disposal Systems

52.070 When applicable
52.071 Permit required; fee
52.072 Permit; when effective; inspections
52.073 Specifications
52.074 Maintenance
52.075 Additional requirements

Building Sewer Installation

52.100 Permit required
52.101 Classification; permit application; fee
52.102 Expense
52.103 Single premise
52.104 Use of existing sewers
52.105 Construction codes; compliance required
52.106 Unlawful connection
52.107 Inspection
52.108 Excavations

Hazardous and Prohibited Discharges

52.150 Stormwater, surface water, ground water, cooling water and process water
52.151 Flammable, toxic, corrosive and obstructive substances; preliminary treatment
52.152 Specific prohibitions
52.153 Rejection, pretreatment, control of discharge; rate or use fee surcharge
52.154 Use fee surcharge
52.155 Grease, oil and sand interceptors
52.156 Preliminary treatment or flow-equalizing facilities; maintenance by owner
52.157 Control structures, sampling stations; when required; installation and maintenance
52.158 Control structures, sampling stations; method

Administration and Enforcement

52.900 Inspections; generally
52.901 Inspections; injury liability
52.902 Inspections; easements
52.903 Violation; notice and liability

GENERAL PROVISIONS

§ 52.001 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPROVING AUTHORITY. The City Council or its duly authorized deputy, agent or representative, and the City Council shall have complete control of the Sanitary Sewer System.

BIOCHEMICAL OXYGEN DEMAND. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C., expressed in parts per million by weight.

BUILDING OR HOUSE DRAIN. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, or other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.

BUILDING OR HOUSE SEWER. That part of a house or building drainage system extending from the house or building drain to its connection with the main sewer.

BUILDING SEWER. The extension from the building drain to the public sewer or other place of disposal.

COMBINED SEWER. A sewer receiving both surface runoff and sewage.

EASEMENT. An acquired legal right for the specific use of land owned by others.

FLOATABLE OIL. Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

GARBAGE. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

INDUSTRIAL WASTES. The liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

LOCAL VENTILATING PIPE. Any pipe through which foul air is removed from a room or fixture.

NATURAL OUTLET. Any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

NORMAL SEWAGE. Sewage not exceeding maximum tolerance of contamination of 300 milligrams per liter BOD or 350 milligrams per liter of suspended solids.

PARTS PER MILLION. A weight-to-weight ratio; the parts-per-million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

PROPERLY SHREDDED GARBAGE. The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch (1.27 centimeters) in any dimension.

PUBLIC SEWER. A sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

REPLACEMENT. Expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

SANITARY SEWER. A sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

SEWAGE. A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments together with such ground, surface, and storm waters as may be present.

SEWAGE TREATMENT PLANT. Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS. All facilities for collecting, pumping, treating and disposing of sewage.

SEWER. A pipe or conduit for carrying sewage.

SEWERAGE. The system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial wastes.

SLUG. Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.

SOIL PIPE. Any pipe which conveys the discharge of water closets with or without the discharge from other fixtures to the house or building drain.

STANDARD METHODS. The examination and analytical procedures set forth in the most recent editions of “Standard Methods for the Examination of Water, Sewage, and Industrial Waste,” published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

STORM DRAIN. A drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source.

STORM SEWER. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

SUPERINTENDENT. The Utilities Superintendent of the City of Chappell, or his or her authorized deputy, agent, or representative.

SUSPENDED SOLIDS. Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and are removable by filtering.

TRAP. A fitting device so constructed as to prevent the passage of air or gas through a pipe without materially affecting the flow of sewage or waste through it.

TRAP SEAL. The vertical distance between the crown weir and the dip of the trap.

UNPOLLUTED WATERS. Water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.

VENT PIPE. Any pipe provided to ventilate a house or building drainage system and to prevent trap siphonage and back pressure.

WASTE PIPE. Any pipe which receives the discharge of any fixture, except water closets, and conveys the same to the house drain, soil pipe, or waste stack.

WASTEWATER. The spent water of a community. From the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions, together with any groundwater, surface water, and stormwater that may be present.

WASTEWATER FACILITIES. The structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent.

WATERCOURSE. A natural or artificial channel for the passage of water either continuously or intermittently.
(`88 Code, § 3-202)

§ 52.002 MUNICIPAL POWERS.

The municipality has the legal authority to enforce its system of user charges, industrial cost recovery charge, and sewer use regulations on all existing or future users of the system whether located inside or outside the municipal limits.
(`88 Code, § 3-250)

§ 52.003 APPLICATION FOR PERMIT.

Any person wishing to connect with the Sewer System shall make an application therefor to the Utilities Superintendent. The Superintendent may require any applicant to make a service deposit in such amount as he or she deems necessary subject to the review of the City Council. Sewer service may not be supplied to any house or building except upon the written order of the Utilities Superintendent. The Department shall not supply sewer service to any person outside the corporate limits without special permission from the City Council; provided, that the entire cost of pipe and other installation charges shall be paid by such consumers. Nothing herein shall be construed to obligate the municipality to provide sewer service to nonresidents.
(Neb. RS 17-149, 18-503) (`88 Code, § 3-203)

§ 52.004 CONTRACT.

The municipality through the Municipal Sewer Department shall furnish sewer services to persons within its corporate limits whose premises abut a street or alley in which a commercial main is now or may hereafter be laid. The municipality may also furnish sewer service to persons whose premises are situated outside the corporate limits of the municipality, as and when, according to law, the City Council may see fit to do so. The rules, regulations, and sewer rental rates hereinafter named in this chapter, shall be considered a part of every application hereafter made for sewer service and shall be considered a part of the contract between every customer now or hereafter served. Without further formality, the making of the application on the part of any applicant or the use of sewer service by present customers thereof shall constitute a contract between the customer and the municipality to which the contract both parties are bound. If the customer shall violate any of the provisions of the contract or any reasonable rules and regulations that the City Council may hereafter adopt, the Utilities Superintendent, or his or her agent, may cut off or disconnect the sewer service from the building or premise of such violation. No further connection for sewer service to the building or premise shall again be made save or except by order of the Superintendent or his or her agent.
(Neb. RS 17-901, 17-902, 18-503) (`88 Code, § 3-204)

§ 52.005 CONTRACTS NOT TRANSFERABLE.

Contracts for sewer service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any customer shall move from the premise where service is furnished, or if the premise is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent who shall cause the sewer service to be shut off from the premise. If the customer should fail to give notice, he o she shall be charged for that period of time until the official in charge of sewers is otherwise advised of such circumstances.
(Neb. RS 17-901, 17-902, 18-503) (`88 Code, § 3-205)

§ 52.006 INSTALLATION PROCEDURE.

In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning lights. After the house sewer is laid, the public ways and property shall be restored to good condition. If the excavation in the public ways and property is left open or unfinished for a period of 24 hours or more, the Utilities Superintendent shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the owner, occupant, or lessee of the property. All installations or repairs of pipes require two inspections by the Utilities Superintendent. The first inspection shall be made when connections or repairs are complete and before the pipe is covered. The second inspection shall be made after the dirt work is completed and the service restored. It is the customer's responsibility to notify the Utilities Superintendent at the time the work is ready for each inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications for such installation prescribed by the Utilities Superintendent; provided, that the rules, regulations, and specifications have been reviewed and approved by the City Council.
(`88 Code, § 3-234) Penalty, see § 10.99

§ 52.007 REPAIRS AND MAINTENANCE.

(A) The Municipal Sewer Department may require the owner of any property which is within the municipality and connected to the public sewers or drains to repair or replace any connection line which serves the owner's property and is broken, clogged or otherwise in need of repair or replacement. The property owner's duty to repair or replace such a connection line shall include those portions upon the owner's property and those portions upon public property or easements up to and including the point of junction with the public main.

(B) The Municipal Clerk shall give the property owner notice by registered letter or certified mail, directed to the last known address of such owner or the agent of such owner, directing the repair or replacement of such connection line. If within 30 days of mailing such notice, the property owner fails or neglects to cause such repairs or replacements to be made, the Utilities Superintendent may cause such work to be done and assess the cost upon the property served by such connection.
(Neb. RS 18-1748) (`88 Code, § 3-227)

§ 52.008 DESTRUCTION OF PROPERTY.

No person or persons shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater facilities. Any person or persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(`88 Code, § 3-243) Penalty, see § 10.99

§ 52.009 UNLAWFUL DEPOSIT OF WASTES OR SEWAGE.

(A) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the municipality or within two miles of the corporate limits thereof, or in any area under the jurisdiction of the municipality, any human or animal excrement, garbage, or other objectionable waste.
(`88 Code, § 3-213)

(B) It shall be unlawful to discharge to any natural outlet within the municipality, or within two miles of the corporate limits thereof, or in any area under the jurisdiction of the municipality, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(`88 Code, § 3-214) Penalty, see § 10.99

§ 52.010 CESSPOOLS, PRIVIES AND SEPTIC TANKS PROHIBITED.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(`88 Code, § 3-215) Penalty, see § 10.99

§ 52.011 MANDATORY HOOK-UP.

The owner of all houses, buildings, or properties used for human employment, recreation, or other purposes, situated within the municipality and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the municipality, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within 90 days after date of official notice to do so; provided, that the public sewer is within 100 feet (30.5 meters) of the property line.
(`88 Code, § 3-216)

§ 52.012 ABANDONMENT.

If a building sewer is disconnected or abandoned, it shall be disconnected or plugged at the other sidewalk line, or at the main, as directed by the Utilities Superintendent, at the expense of the owner.
(`88 Code, § 3-248)

RATES AND CHARGES

§ 52.030 INSTALLATION EXPENSE.

The customer, upon approval of his or her application for sewer service, shall pay to the Utilities Superintendent a tap fee which compensate the municipality for the expense of processing his or her application and tapping the sewer main. The Utilities Superintendent, in his or her discretion, may direct the customer to hire a licensed plumber to tap the main. The customer shall then be required to pay the expense of procuring the materials required as well as the services of a licensed plumber and shall pay all other costs of installation.
(`88 Code, § 3-226)

§ 52.031 CLASSIFICATION.

The City Council may classify for the purpose of rental fees the customers of the Municipal Sewer Department; provided, that such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers. The classification must be approved by the Environmental Protection Agency, relative to the user charge grant condition.
(Neb. RS 17-925.02) (`88 Code, § 3-212)

§ 52.032 USER CHARGE REVIEW.

The City Council shall review, at least annually, the user charge system and revise the charges, if necessary, to accomplish the following:

(A) Maintain the proportional distribution of operation, maintenance and replacement (OM&R) costs among users and user classes;

(B) Generate adequate revenues to pay the costs of OM&R;

(C) Apply excess revenues collected from a class of users to the costs of OM&R attributable to that class for the next year and adjust the rates accordingly.
(`88 Code, § 3-209)

§ 52.033 USER NOTIFICATION.

Each user will be notified, at least annually, with a regular bill of the rate and that portion of the user charges ad valorem taxes which are attributable to wastewater treatment.
(`88 Code, § 3-210)

§ 52.034 COLLECTION OF FEES.

Sewer rental bills shall be due and payable at the same time and in the same manner as water bills are due and payable in accordance with Chapter 50. All penalties and procedures concerning delinquent accounts with the Municipal Water Department shall also be applicable to delinquent accounts with the Municipal Sewer Department.
(`88 Code, § 3-208)

§ 52.035 RATES.

(A) Customers of the Municipal Sewer Department shall be charged a rate based on water usage for the use of the sewer, such water usage to be an average of the usage of water by the customer for the preceding winter months.

(B) The rates for sewer usage shall be as set by the City Council from time to time.

(C) The sewer rates shall be reviewed at least annually to keep revenues reasonably in balance with anticipated expenditures.

(D) All rates shall be on file at the office of the Municipal Clerk and available for public inspection at any reasonable time during business hours.
(Neb. RS 18-509) (`88 Code, § 3-206) (Ord. 364, passed 3-1-93)

§ 52.036 SURCHARGES.

In addition to other elements of the total user charge system in §§ 52.153 and 52.154, the ordinance on file with the Municipal Clerk shall provide for the following surcharges:

(A) A high strength waste surcharge established for pollutant levels (BOD, SS, and the like) which exceed the levels contained in the domestic strength wastewater of the service area. The surcharge shall be expressed as a formula with a per unit charge established for each applicable pollutant. (See Appendix B of 40 CFR 35.900)

(B) The authority and intent shall be established to require each user discharging any toxic pollutants to pay the increased costs of managing the effluent or the sludge of the treatment works resulting from such discharge.
(`88 Code, § 3-207)

§ 52.037 SEWER MAINTENANCE FUND.

The operation, maintenance and replacement (OM&R) portion of the total sewer user charges shall be deposited in a non-lapsing Sewer Maintenance Fund, or set of funds, and the revenues so deposited will be used only for the purposes of defraying the OM&R costs of the treatment works. Funds transferred from other revenue sources to meet temporary shortages in the OM&R accounts shall be refunded following an appropriate adjustment in the user charges for OM&R, the Sewer Maintenance Fund will have a minimum of two primary accounts:

(A) An O&M account with provision for carry-over of the fiscal year end balance to meet the overall O&M costs in the subsequent fiscal year;

(B) A non-lapsing sinking fund for replacement costs which accrues funds through deposits made at least annually from OM&R use charge revenues. The deposits shall provide adequate revenues to meet the "replacement" needs of the treatment works over its service life and shall be used for no other purpose. For purposes of maintaining the fund on a perpetual basis, the municipality shall budget a sum of money not less than 20% of its annual projected operation and maintenance budget for the sewer treatment works. Fiscal year-end balances in the non-lapsing sinking fund will be carried over to the same fund in the subsequent year.
(`88 Code, § 3-211)

PRIVATE SEWAGE DISPOSAL SYSTEMS

§ 52.070 WHEN APPLICABLE.

(A) Where a public sanitary or combined sewer is not available under the provisions of § 52.011, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter.

(B) At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in § 52.011, a direct connection shall be made to the public sewer within 60 days in compliance with this chapter, and any septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
(`88 Code, § 3-217)

§ 52.071 PERMIT REQUIRED.

Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the municipality, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent.
(`88 Code, § 3-218)

§ 52.072 PERMIT, WHEN EFFECTIVE; INSPECTIONS.

A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He or she shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the Superintendent.
(`88 Code, § 3-219)

§ 52.073 SPECIFICATIONS.

The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state of Nebraska. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities when the area of the lot is less than 10,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(`88 Code, § 3-220)

§ 52.074 MAINTENANCE.

The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the municipality.
(`88 Code, § 3-221)

§ 52.075 ADDITIONAL REQUIREMENTS.

No statement contained in §§ 52.070 through 52.074 shall be construed to interfere with any additional requirements that may be imposed by the Health Officer.
(`88 Code, § 3-222) Penalty, see § 10.99

BUILDING SEWER INSTALLATION

§ 52.100 PERMIT REQUIRED.

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
(`88 Code, § 3-223) Penalty, see § 10.99

§ 52.101 CLASSIFICATION; PERMIT APPLICATION, FEE.

There shall be two classes of building sewer permits: for residential and commercial service, and for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a special form furnished by the municipality. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee of $50 for a residential or commercial building sewer permit and $50 for an industrial building sewer permit shall be paid to the municipality at the time the application is filed.
(`88 Code, § 3-224)

§ 52.102 EXPENSE.

All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the municipality from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(`88 Code, § 3-225)

§ 52.103 SINGLE PREMISE.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer, but the municipality does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned.
(`88 Code, § 3-228)

§ 52.104 USE OF EXISTING SEWERS.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this chapter.
(`88 Code, § 3-229)

§ 52.105 CONSTRUCTION CODES; COMPLIANCE REQUIRED.

(A) The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.

(B) Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

(C) The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the municipality, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight, and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.
(`88 Code, § 3-230)

§ 52.106 UNLAWFUL CONNECTION.

No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the Superintendent for purposes of disposal of polluted surface drainage; provided, that if responsibility can be determined, the party responsible for disposal of polluted surface drainage into the public sanitary sewer shall pay a user charge equivalent to the cost of treating the polluted drainage.
(`88 Code, § 3-231) Penalty, see § 10.99

§ 52.107 INSPECTION.

The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent or his or her representative.
(`88 Code, § 3-232)

§ 52.108 EXCAVATIONS.

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the municipality.
(`88 Code, § 3-233)

HAZARDOUS AND PROHIBITED DISCHARGES

§ 52.150 STORMWATER, SURFACE WATER, GROUND WATER, COOLING WATER AND PROCESS WATER.

(A) No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial waters to any sanitary sewer.

(B) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process water may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet. The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the municipality for such costs. The costs shall be determined by the Superintendent with the approval of the City Council.
(`88 Code, § 3-235) Penalty, see § 10.99

§ 52.151 FLAMMABLE, TOXIC, CORROSIVE AND OBSTRUCTIVE SUBSTANCES;
PRELIMINARY TREATMENT.

(A) No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant.

(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, and the like, either whole or ground by garbage grinders.

(5) Any waters or wastes having:

(a) A five day BOD greater than 300 parts per million by weight;

(b) Containing more than 350 parts per million by weight of suspended solids;

(c) Having an average daily flow greater than 2% of the average sewage flow of the municipality; or

(d) A chlorine requirement greater than demanded by normal sewage as evaluated by the municipality's consulting engineer shall be subject to the review of the Superintendent.

(B) Where necessary in the opinion of the Superintendent, the owner shall provide, at his or her expense, such preliminary treatment as may be necessary to:

(1) Reduce the biochemical oxygen demand to 300 parts per million by weight;

(2) Reduce the suspended solids to 350 parts per million by weight;

(3) Control the quantities and rates of discharge of such waters or wastes; or

(4) Reduce the chlorine requirement to conform with normal sewage.

(C) Plans, specifications, and other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until the approvals are obtained in writing.
(`88 Code, § 3-236)

§ 52.152 SPECIFIC PROHIBITIONS.

No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his or her opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(A) Any liquid or vapor having a temperature higher than 150º F. (65º C.).

(B) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 mg/l or containing substances which may solidify or become viscous at temperatures between 32º and 150º F. (0 and 65º C.).

(C) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.

(D) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(E) Any water or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

(F) Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

(G) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable state or federal regulations.

(H) Any waters of wastes having a pH in excess of [9.5].

(I) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids, (such as but not limited to, sodium chloride or sodium sulfate).

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4) Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

(J) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(`88 Code, § 3-237) Penalty, see § 10.99

§ 52.153 REJECTION, PRETREATMENT, CONTROL OF DISCHARGE; RATE OR USE FEE SURCHARGE.

(A) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in § 52.152, and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life to constitute a public nuisance, the Superintendent may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of § 52.154.

(B) If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, ordinances and laws.
(`88 Code, § 3-238)

§ 52.154 USE FEE SURCHARGE.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the municipality and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment, subject to payment therefor, by the industrial concern.
(`88 Code, § 3-244)

§ 52.155 GREASE, OIL AND SAND INTERCEPTORS.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to review by the Superintendent. Any removal and hauling of the collected materials not performed by owner(s)' personnel must be performed by currently licensed waste disposal firms.
(`88 Code, § 3-239)

§ 52.156 PRELIMINARY TREATMENT OR FLOW-EQUALIZING FACILITIES;
MAINTENANCE BY OWNER.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his or her expense.
(`88 Code, § 3-240)

§ 52.157 CONTROL STRUCTURES, SAMPLING STATIONS; WHEN REQUIRED;
INSTALLATION AND MAINTENANCE.

When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.
(`88 Code, § 3-241)

§ 52.158 CONTROL STRUCTURES, SAMPLING STATIONS; METHOD.

All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this chapter, shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater,” published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at the control manhole. In the event no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH's are determined from periodic grab samples.)
(`88 Code, § 3-242)

ADMINISTRATION AND ENFORCEMENT

§ 52.900 INSPECTIONS; GENERALLY.

The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing system in accordance with the provisions of this chapter. The Superintendent or his or her representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
(`88 Code, § 3-245)

§ 52.901 INSPECTIONS; INJURY LIABILITY.

While performing the necessary work on private properties referred to in § 52.900, the Superintendent or duly authorized employees of the municipality shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the municipal employees and the municipality shall indemnify the company against loss or damage to its property by municipal employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 52.157.
(`88 Code, § 3-246)

§ 52.902 INSPECTIONS; EASEMENTS.

The Superintendent and other duly authorized employees of the municipality bearing proper credentials and identification shall be permitted to enter all private properties through which the municipality holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
(`88 Code, § 3-247)

§ 52.903 VIOLATION; NOTICE AND LIABILITY.

(A) Any person found to be violating any provision of this chapter except § 52.008 shall be served by the municipality with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(B) Any person violating any of the provisions of this chapter shall become liable to the municipality for any expense, loss, or damage occasioned the municipality by reason of such violation.
(`88 Code, § 3-249)

CHAPTER 53: SOLID WASTE

Section

53.01 Definitions
53.02 Containers, proper disposal required
53.03 Collection by city
53.04 Dead animals
53.05 Collection rates

§ 53.01 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GARBAGE. Kitchen refuse, decayed waste, dead animals, or anything that may decompose and become offensive to the public health.

RUBBISH. Discarded machinery, chips, pieces of wood, sticks, dead trees, branches, bottles, broken glass, crockery, tin cans, boxes, papers, rags, or any other litter or debris that is not an immediate hazard to the health of the residents of the municipality.

WASTE. Cinders, ashes, plaster, brick, stone, sawdust, or sand.
(`88 Code, § 4-201 - 4-203)

§ 53.02 CONTAINERS, PROPER DISPOSAL REQUIRED.

(A) It shall be unlawful for any person to keep in, on, or about any dwelling, building, or premise, or any other place in the municipality, decayed vegetable or animal substance, garbage, or refuse matter of any kind that may be injurious to the public health or offensive to the residents of the municipality unless the same is kept in receptacles or dumpsters which have been approved by the city and as nearly air-tight as may be practical.

(B) It shall be unlawful to throw or sweep into the streets, alleys, parks, or other public grounds any dirt, paper, nails, pieces of glass, refuse, waste, or rubbish of any kind.

(C) No person may permit garbage, rubbish, waste, or refuse to collect and all persons shall remove the same from their property within 24 hours after being notified to do so by the County Sheriff who shall represent the Board of Health.

(D) Any person having garbage, rubbish, waste, or refuse that is subject to decay or fermentation within a short period of time shall be required to place the same in a standard metal garbage dumpster. All persons shall have the contents of their garbage dumpsters removed at least once a week.
(Neb. RS 19-2106) (`88 Code, § 4-204) Penalty, see § 10.99

§ 53.03 COLLECTION BY CITY.

The city, by and through its Street Department, shall hereafter collect and remove from the streets, alleys, and lots of the city all garbage, refuse and rubbish. The city, through the Mayor and City Council, shall make all necessary rules and regulations for the collection of garbage, refuse and rubbish. These rules and regulations shall be on file in the City Clerk's office. Nothing in this chapter shall prohibit the actual producers of refuse, or the owners of premises upon which refuse has accumulated, from personally collecting, conveying and disposing of such refuse, provided such producers or owners comply with the provisions of this chapter and with any other governing law or ordinances.
(`88 Code, § 4-205)

§ 53.04 DEAD ANIMALS.

All dead animals shall be immediately removed and buried by the owner of such animals; and if the owner of such animal cannot be found within two hours after discovering the same, then such animal shall be removed by and at the expense of the municipality. Dead animals shall not be buried within the corporate limits of the municipality, nor within one mile thereof, nor in or above the course of ground water that is used for drinking purposes by the municipality or its inhabitants.
(Neb. RS 17-114, 17-123) (`88 Code, § 4-206) Penalty, see § 10.99

§ 53.05 COLLECTION RATES.

Rates for garbage disposal shall be on file at the office of the Municipal Clerk, and shall be due and payable pursuant to § 50.02.
(`88 Code, § 4-207)

CHAPTER 54: ELECTRIC

Section

General Provisions

54.01 Contracts and terms
54.02 Consumer application
54.03 Contracts not transferable
54.04 Electrician required
54.05 Installation and maintenance expenses
54.06 Restricted use
54.07 Building moving
54.08 Meters
54.09 Meter in disrepair

Rates and Charges

54.30 Fees
54.31 Minimum rates
54.32 Service deposit fund

GENERAL PROVISIONS

§ 54.01 CONTRACTS AND TERMS.

The municipality through its Electrical Department, shall furnish electric current for light and power purposes to persons whose premises abut on any supply wire of the distribution system and may furnish electric current to such other persons within or without its corporate limits, as and when, according to law, its Electrical Department may see fit to do so. The rules, regulations, and rates for electric service, hereinafter named in this chapter, shall be considered a part of every application hereafter made for electric service and shall be considered a part of the contract between every consumer now served by the Electrical Department. Without further formality, the making of application on the part of any applicant or the use or consumption of electric energy by present customers and the furnishing of electric service to the applicant or customer shall constitute a contract between applicant or customer and the municipality, to which both parties are bound. If a customer should violate any of the provisions of the contract or any reasonable rules and regulations that the Electrical Department may hereafter adopt, the Utilities Superintendent, or his or her agent, shall cut off or disconnect the electric service from the building or place of such violation and no further connection of electric service for such building or place shall again be made save or except by order of the Superintendent or his or her agent.
(`88 Code, § 3-1102)

§ 54.02 CONSUMER APPLICATION.

Every person or persons desiring electrical service must make application therefor to the Municipal Clerk. Any applicant may be required to make a service deposit in such amount as has been set by the City Council and on file at the office of the Municipal Clerk. Electricity may not be supplied to any house or building except upon the written order of the Municipal Clerk. The system shall not supply to any person outside the corporate limits electrical service without special permission from the City Council; provided, that the entire cost of wire, installation, and other expenses shall be paid by the consumer. Nothing herein shall be construed to obligate the municipality to supply electrical service to non-residents.
(Neb. RS 17-902, 19-2701) (`88 Code, § 3-1103)

§ 54.03 CONTRACTS NOT TRANSFERABLE.

Contracts for electrical service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall sell, dispose, or remove from the premise where service is furnished in his or her name, or if the premise is destroyed by fire or other casualty, he or she shall at once inform the Municipal Clerk who shall cause the electrical service to be shut off from the premise. If the consumer should fail to give such notice, he or she shall be charged for all electricity used on the premise until the Municipal Clerk is otherwise advised of such circumstances.
(Neb. RS 17-902) (`88 Code, § 3-1104)

§ 54.04 ELECTRICIAN REQUIRED.

Under no circumstances shall connections be made between the wires of the electrical distribution system of this municipality and the meter of the consumer, except by an employee of the municipality or a licensed electrician authorized to do so by the Utilities Superintendent. The consumer may have wiring done by any competent licensed electrician from the meter to the points of distribution. All wiring, equipment, and apparatus shall be installed according to the electrical code duly adopted by the municipality. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications for such installation prescribed by the Utilities Superintendent and Building Inspector; provided, that such rules, regulations, and specifications have been reviewed and approved by the City Council.
(Neb. RS 17-902) (`88 Code, § 3-1105) Penalty, see § 10.99

§ 54.05 INSTALLATION AND MAINTENANCE EXPENSES.

The expense of installation and equipment up to and including the electrical meter shall be paid by the municipality. The expense of installation and wiring from the meter to the points of distribution shall be the responsibility of the consumer. Maintenance and replacement expenses shall be apportioned in the same manner.
(Neb. RS 17-902) (`88 Code, § 3-1106)

§ 54.06 RESTRICTED USE.

The Municipal Electrical System does not guarantee the delivery of electric current over the lines of the distribution system except when it has sufficient power, current, equipment, and machinery to do so. The Utilities Superintendent has the power and authority to disconnect or discontinue such service for any good and sufficient reason without liability. The municipality shall use due care and reasonable diligence to provide and supply uninterrupted service to consumers, but shall not be liable for damages resulting from interruption of service due to causes over which the municipality has no control and the municipality expressly reserves the right to discontinue or disconnect any consumer's service in accordance with the procedures set forth in § 50.02.
(Neb. RS 17-902) (`88 Code, § 3-1112)

§ 54.07 BUILDING MOVING.

Should any house or building moving occur or be necessary and it becomes necessary in the work to remove or disturb any of the property or wires of the Municipal Electrical System, the same should not be done except upon written permission received from the Utilities Superintendent, who shall then order paid in advance the actual cost of moving the wires and such cost shall be paid by the applicant prior to the moving of the building or house. All expenses of removing, changing, and replacing the wires or apparatus of the Electrical System shall be paid out of the deposit made prior to moving and any surplus remaining after all expenses are paid shall be returned to the applicant; provided, that if in the course of moving the building or house it becomes apparent that additional expenses will be incurred, such additional deposit as deemed necessary may be demanded.
(`88 Code, § 3-1113)

§ 54.08 METERS.

All electrical meters shall be read at least one time each month on the fifteenth day of each month. In the event a meter is broken or otherwise fails to register accurately the use of electricity by any consumer, the six-month average of the season one year previous to such breakage shall be used for billing purposes.
(`88 Code, § 3-1107)

§ 54.09 METER IN DISREPAIR.

In the event that any customer's meter falls out of repair or fails to register properly, the Municipal Clerk shall charge such customer the same amount billed one year previous to such disrepair. In the event that there is no such basis for comparison, the Clerk shall charge the customer such amount as he or she deems is fair both to the customer and the municipality.
(`88 Code, § 3-1114)

RATES AND CHARGES

§ 54.30 FEES.

The City Council has the power and authority to fix the rates to be paid by electrical consumers for the use of electricity. All rates shall be on file for public inspection at the office of the Municipal Clerk. The Municipal Clerk shall bill the consumers and collect all money received by the municipality on the account of the Municipal Electrical System. He or she shall faithfully account for and pay over the same to the Municipal Treasurer all revenue collected by him or her, taking his or her receipt therefor.
(Neb. RS 17-902) (`88 Code, § 3-1108)

§ 54.31 MINIMUM RATES.

All electrical consumers shall be for the minimum rate provided by ordinance unless and until the consumer shall, by written order, direct the Utilities Superintendent to shut off the electricity in which case he or she shall not be liable thereafter for electrical service until the electricity is turned on again.
(Neb. RS 17-902) (`88 Code, § 3-1110)

§ 54.32 SERVICE DEPOSIT FUND.

The service deposit required for electrical service shall be made in accordance with § 50.08. From the deposit shall be deducted all delinquent electrical charges. The service deposit shall be collected by the Municipal Clerk and immediately turned over to the Municipal Treasurer who shall keep the fees in a trust fund for the customers of the Electrical System. The fund shall be put out at interest separate and apart from other funds. Interest arising therefrom shall be expended solely for the repair of equipment and property of the Municipal Electrical System.
(`88 Code, § 3-1111)