§ 18-17. Connection required.

(a)

Every person or entity that owns or occupies real property within the city's water or sewer utility service area shall, within one hundred eighty (180) days after being notified in writing by the city, connect to the city's water or sewer system when such system is available. The requirements for connecting to the water system are described below. The requirements for connecting to the sewer system are provided in article V of this chapter.

(b)

Property owners shall be notified when water is available as follows:

(1)

Water service shall be considered available to existing residential dwellings and existing commercial or industrial establishments when a water main is within two hundred (200) linear feet from the nearest point of the property.

(2)

All new dwellings and new commercial or industrial establishments shall be connected to the water system, unless excluded as part of an approved site plan.

(c)

Any owner or occupant refusing, failing or neglecting to make such connections in accordance with the provisions of this section shall be in violation of this section. Violations of this section shall be enforced in accordance with code enforcement procedures by the issuance of a code enforcement citation or notice of violation to the property owner. If a citation is issued, the fine shall be set by resolution or the special magistrate. Each day of violation shall be considered a separate offense. Further, any violation of the provisions of this section may be prosecuted by the city in county court as a misdemeanor of the second degree and punished by a fine and/or imprisonment in the county jail as set forth in the PPM-W. The city shall also be entitled to take any other appropriate legal action, including, but not limited to, cease and desist orders, other administrative action and requests for temporary and permanent injunctions to enforce the provisions of this section. It is the purpose of this subsection to provide additional cumulative remedies to the city to enforce this section.

(d)

Applicable charges shall be in effect upon connection or one hundred eighty (180) days after notification of the availability of service whichever occurs first.

(Ord. No. 2015-03, § 2, 2-17-15)