§ 41-11. Water meter.

(a)

Water meter and fire line detection metered device location; public right-of-way. It is unlawful to locate any city water meter or fire water line detection device outside of a city utility easement. It is unlawful to locate a city water meter or fire water line detection device in any sidewalk, driveway, street or paved parking area. It is an affirmative defense to this subsection that specific authorization to locate the water meter or fire line detection device outside a utility easement and/or in a sidewalk, driveway, street, or paved parking area was obtained from the director before the water meter or fire line detection device was placed in violation of this subsection.

(b)

Certificate of occupancy. No certificate of occupancy shall be issued for any apartment, shopping center, office or commercial or retail operation for use when the water meter and/or fire line detection meter is located on private property unless a person in control of the property obtains appropriate easements, including right of access.

(c)

Water bill. Once the applicant has removed the water meter and/or fire line detection meter from the private property, the applicant shall install a master water meter and/or fire line water meter detection device, if the fire line has been installed, on a city utility easement at the point specified by the city customer service division. If the applicant does not pay the water bill the city tenders each month for the master water meter the city may disconnect the water service.

(d)

Meters shall be visible for maintenance, reading and repair. It is unlawful for any person to cover over, allow to be covered over, or continue to allow to be covered over any city water meter and/or fire water line leak detector meter by dirt, asphalt, cement or other material which prevents the meter or detector from being maintained, read or repaired. It is unlawful for any person to fail to uncover the city water meter or leak detector which meters flow to that person's property or business.

(e)

Unlawful to deny entry to city to maintain, read or repair water meter or fire meter line leak detector meter. It is unlawful for any landowner or person in charge of land and improvements to deny entry upon the land to any city employee thereto maintain, read or repair a city water meter or fire water line leak detection meter.

(f)

Payment and foreclosure. The owner and/or agent of an owner of each property which is served by the city water system shall pay all charges for water furnished to the property. If the owner and/or agent refuses or fails to make payment, the city may perfect and fix a privileged lien upon the property for the charges setting forth the amount due, filed with the county clerk. The city may commence a lawsuit in a court of competent jurisdiction to foreclose upon the land and its improvements to satisfy the sum due. The statement or a certified copy of it is prima facie proof of the amount due. If the owner or agent fails or refuses to make payment, the city may discontinue the water service.

(Ord. No. 8140, § 1, 3-20-03)