§ 28-03-005. Availability of water and sewer service
(a)
Every property within the municipal boundaries shall be deemed to have water and sewer utility service available if service lines exist from the city water and sewer mains to the property and such properties shall be subject to customer charges and capital improvement charges as set by city commission for the respective services.
(1)
New lots within subdivisions (as that term is defined in chapter 22 of the city Code of Ordinances) which have never been sold or otherwise transferred and which remain the property of the original developer shall be exempt from the customer charge and capital improvement charges for a period of five (5) years from the date of acceptance of the subdivision by the city.
(2)
Vacant subdivision lots owned by the original developer as of the date of the passage of this ordinance (28-03-005) shall be exempt from customer charges and capital improvement charges for a period of five (5) years.
(3)
An application for water meter submitted by any person(s) for lots exempted through this article shall void any and all exemptions and the property owner shall immediately be responsible for all customer charges, capital improvement charges and consumption charges approved by the city commission.
(4)
The original developer, successor, or assignee of subdivisions covered by this ordinance may petition the city commission for an extension of the exemption period within three (3) months of the termination of an exemption. Any additional time approved by the city commission shall not exceed three (3) years. No additional exemption shall be granted after the expiration of the original or any extended time period(s).
(b)
Utility accounts transferred to the property owner by the city, except those accounts subject to section 28-03-082, shall only be charged the monthly base rate for water, adjusted for meter size.
(1)
All services except for water shall be inactivated.
(2)
Water shall be shut-off at the curb.
(3)
Any recorded usage of water shall result in the activation of all city services and charges until the account is again transferred.
(c)
Lot(s)/parcel(s) of land served by the municipal utility and not part of a subdivision as defined in chapter 22 of the city Code of Ordinances on which no structure of any sort exists, or has existed, shall be exempt from the customer charge and capital improvement charges provided the property owner pays all city costs associated with removal of the meter, riser, meter can, etc., and capping of the service line.
(1)
It is incumbent on the property owner to provide proof to the city that the lot/parcel is eligible for the exemption under this section.
(2)
Property owner applying for exemption under this section shall provide a written declaration that there are no plans to develop the property.
(Ord. No. 1506 , § 6, 12-15-15; Ord. No. 1544 , § 1, 12-22-17)