§ 13-1-20. Ownership; responsibility.

(a)

The Town shall own and maintain all parts of the water facilities used in the collection, treatment or distribution of water for municipal beneficial uses, except those portions identified as the property of the owner of property served. These facilities shall be known as the water Utility.

(b)

The Town shall own and maintain all parts of the sewer facilities used in the collection, treatment or disposal of sewage, except those portions identified as the property of the owner of property served. These facilities shall be known as the sewer Utility. The sewer Tap and all facilities from the Tap extending to and located on the owner's property shall be owned by and be the responsibility of the property owner.

(c)

Any Person who connects any pipe, tube, stopcock, wire, cord, motor or other instrument or contrivance with any main or service line supplying water to any property, or who turns on water for service to any property, without the knowledge and consent of the Town is guilty of a civil infraction of this Code. Each day that such violation continues to exist shall be considered a separate offense.

(d)

Any Person who in any manner alters, obstructs or interferes with the action of a water meter or the remote read-out attached to a water meter, without the knowledge and consent of the Town is guilty of a civil infraction of this Code. Each day that such violation continues to exist shall be considered a separate offense.

(e)

Any Person who causes damage in any form to the water or sewer facilities is guilty of a civil infraction of this Code. Each day that such violation continues to exist shall be considered a separate offense.

(f)

In addition to any other remedies, the Town Attorney, acting on behalf of the Town, may institute injunction, abatement or any other appropriate action to prevent, enjoin, abate or remove such violations, or to recover the cost of repairs to the facilities.

(g)

The Town shall own and maintain the water service line including the water Tap from the water main to the owner's property line. The Town shall also own and maintain the stopcock at the property line, the meter pit, yoke, meter and remote readout associated with the water service. The property owner shall own and maintain the water service line that is on his or her property.

(h)

The property owner shall own and maintain the sewer Tap and the sewer service line from the Tap to the owner's property including from the owner's premises to the connection to the sewer main.

(h)

It shall be the duty of the User to promptly notify the Town of any leaks in the water service line or apparent malfunction of the water meter or remote readout. The Town shall investigate User-reported problems and repair or replace any malfunctioning water meter or remote readout. The Town shall use reasonable efforts to repair or replace any malfunctioning water meter or remote readout within three (3) working days of notification and repair or replace that portion of the water service line owned by the Town found to be leaking within five (5) working days. If the Town discovers that a meter or remote readout is not recording properly, the Town shall use reasonable efforts to repair or replace the water meter or remote readout within three (3) working days of its discovery. In those instances, where it is necessary to make arrangements with the User for access to the property to investigate complaints or accomplish necessary repairs, those arrangements shall constitute compliance with this Subsection.

(i)

The property of any Utility User may be inspected at any time for the purpose of examining the condition of all pipes, meters, service lines or other parts of the Utility systems. If at any time the Town determines that the Tap, service line(s) or other facilities owned by the owner are defective in any manner or in need of repair or replacement, the owner shall cause such repairs or replacement to be made within ten (10) days of notification by the Town of said defect. The repairs or replacement shall be at the owner's sole expense, shall be made by a Licensed plumber and must be approved by the Public Works Director. Failure by the User to accomplish the repairs within the time allowed shall be a civil infraction of this Code. Each day that such violation continues to exist shall be considered a separate offense. (Prior code 7.01.01; Ord. 11-1987 §1)

(Ord. No. 3-2009 , 4-28-09; Ord. No. 1-2016WE , 9-13-16)