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