Sec. 23-132.1. - Separate meter for in-ground irrigation systems.
(a) The following phrases, when used in this section, shall have the meanings ascribed to them in this subsection:
Billing period means the time period during which a customer's water usage is regularly determined and associated charges are billed to the customer.
Non-compliant irrigation system means an irrigation system installed in violation of the requirements of this section.
Subject lot means a lot that is platted and recorded in the office of the register of deeds in the county or counties in which the real property is located after July 1, 2009.
Subsection (d) civil penalty means a civil penalty assessed pursuant to subsection (d) of this section.
(b) No portion of an in-ground irrigation system using water from the CMU water distribution system may be installed or operated unless said irrigation system is connected to the CMU water distribution system through a separate meter authorized by CMU that only serves said irrigation system. CMU shall not be required to furnish water service to any non-compliant irrigation system.
(c) Each owner of a subject lot shall be responsible for complying with the requirements of this section for any irrigation system installed on such lot.
(d) Installation of a non-compliant irrigation system shall subject each owner of a subject lot on which such a system has been installed to a civil penalty of $100.00. Each day that such system remains in place shall not be considered a continuing violation or a separate and distinct violation.
(e) Each owner of a subject lot who has been assessed a subsection (d) civil penalty shall be subject to an additional civil penalty of $50.00 for each billing period beginning at least 30 days after receipt of a subsection (d) civil penalty during which said owner fails to:
(1) Permanently and completely disconnect the non-compliant irrigation system from any plumbing system receiving water in any manner from the CMU water distribution system; or
(2) Apply for a separate meter and, if applicable, service connection for the in-ground irrigation system associated with the subsection (d) civil penalty and pay all applicable CMU fees and charges for the installation of said meter and, if applicable, service connection. If the owner of a subject lot is not the customer who is billed for water usage at said lot, the billing period associated with water usage at said lot shall apply for purposes of assessing additional civil penalties under this subsection.
(f) The violation of any provision of this section may be enforced by all remedies authorized by law for noncompliance with municipal ordinances, including the assessment of a civil penalty and action for injunction, order of abatement or other equitable relief; provided that, no violation of any provision of this section shall be a basis for imposing any criminal remedy.
(g) Each civil penalty assessed pursuant to this section may be added to any water bill of the owner and shall be paid in the same manner as set forth in this chapter for the payment of water bills. Failure to pay all or any portion of a water bill, including any civil penalty assessed pursuant to this section, in a timely manner may result in the termination of water service from CMU.
(h) The director may consider petitions for remission of civil penalties assessed pursuant to this section. A petition for remission shall be in writing, signed by the person against whom the civil penalty was assessed and submitted to the director within 30 days after receipt of the assessment of the civil penalty. The petition shall include a waiver of any and all rights of the petitioner to a hearing and judicial review of the assessment, and a stipulation that the facts are correct as set forth in the documents assessing the civil penalty. The decision of the director on the petition shall be final and shall not be subject to further administrative or judicial review.
(1) In determining whether a petition for remission will be approved, the director shall consider the following factors:
a. Whether the petitioner has taken action to permanently and completely disconnect the non-compliant irrigation system from any plumbing system receiving water in any manner from the CMU water distribution system;
b. Whether the petitioner has applied for a separate meter and service connection for the in-ground irrigation system associated with [the definition in subsection (a) designated as] the subsection (d) civil penalty and paid all applicable CMU fees and charges for the installation of said meter and service connection;
c. Whether the petitioner has been assessed a civil penalty for any prior violation of this section;
d. Whether the petitioner has paid all outstanding invoices to petitioner for water and/or sewer service from CMU, with the sole exception of the civil penalty that is the subject of the petition for remission.
(2) After submitting a petition for remission, the petitioner shall provide such additional information and records as may be reasonably necessary or convenient to the director's consideration of the petition. The director may remit the entire amount of a civil penalty only when the petitioner has not been assessed civil penalties for any prior violation of this section.
(Ord. No. 5006, § 1, 11-26-2012)