Village of Spalding Ordinance Chapter 7
Table of Contents
CHAPTER 7 – PUBLIC UTILITIES
Article 1 – Utilities Generally
SECTION 7-101: VILLAGE POWERS; RATE SETTING
The Village currently owns and operates the village electrical system, a water supply and distribution system and a sanitary sewer disposal and treatment system. The Village has the right and power to tax assets and collect payment from its residents for use of the electricity and water supplied to them by the water system and for use of the sewer system. The Village Board is authorized to establish by ordinance such rates for electrical, water and sewer service as may be deemed fair and reasonable. All such rates, taxes, or rent shall be a lien upon the premises or real estate for which the same is used or supplied and such rates, taxes, or rent shall be paid and collected and such lien enforced in such manner as the board shall by ordinance direct and provide. All such rates, taxes, or rent shall be kept on file in the office of the village clerk for public inspection. (Neb. Rev. Stat. §§17-538, 17-542, 17-925.1, 18-509)
SECTION 7-102: MANDATORY USE OF VILLAGE SERVICES
All residents of the Village shall be required to subscribe to village utility services. Said residents shall be subject to the assessment and payment of charges for such utility services as set from time to time by the Village Board. (Neb. Rev. Stat. §17-532)
SECTION 7-103: CONSUMER'S APPLICATION; SERVICE DEPOSIT
A. Every person or persons desiring utility services must make application to the village clerk, who shall require the applicant to make a service deposit in such amount as set by resolution by the Village Board and kept on file at the village office. At the time any service deposit is returned to the consumer, the Village will not pay any interest that may have accrued on such amount.
B. The application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the village clerk. Utility services shall not be supplied to any house or private service pipe except upon the order of the utility superintendent.
C. No applicant for the services of a public or private utility company furnishing water, natural gas, or electricity in this village shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitations or discharge in bankruptcy proceedings.
(Neb. Rev. Stat. §§17-537, 17-925.02, 19-2701, 70-1601)
SECTION 7-104: SERVICE TO NONRESIDENTS
Any person whose premises are located outside the corporate limits of the Village and who desires to connect to village water, sewer and electric service shall file a written application with the village clerk for a permit for such connections, setting forth the name of the owner, occupant or lessee of the premises, the use to which the premises are devoted, and such other information as the Village Board may require. The entire cost of pipes, wires, installation, and other charges shall be paid by such consumer. Nonresidents shall pay such costs as have been set by the board by resolution. The extension of commercial mains into unsupplied territory within the corporate limits may be made by means of water extension districts. Nothing herein shall be construed to obligate the Village to provide utility service to nonresidents. (Neb. Rev. Stat. §§17-537, 18-508, 19-2701)
SECTION 7-105: SERVICE CONTRACT; NOT TRANSFERABLE
A. The rules, regulations, and rates set forth in this chapter shall be considered a part of every application hereafter made for utility services and shall be considered a part of the contract between the Village and every consumer now or hereafter served.
B. The making of application on the part of any applicant for the use of village utilities by a new consumer thereof and the furnishing of utility services to said consumer shall constitute a contract between the consumer and the Village, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the Village Board may hereafter adopt, the utility superintendent may cut off or disconnect the water and electric service from the building or premises of such violation. No further connection for service to said building or premises shall again be made save or except by order of said superintendent.
C. Contracts for utility services are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall sell, dispose of, or move from the premises where service is furnished or if the said premises are destroyed by fire or other casualty, he or she shall at once inform the village clerk, who shall cause the utility services to be discontinued at the said premises. If the consumer should fail to give such notice, he or she shall be charged for utility services monthly until the Village is otherwise advised of such circumstances.
(Neb. Rev. Stat. §17-537)
SECTION 7-106: BILLING AND COLLECTIONS; DELINQUENCY
A. Joint electrical, water, sewer, and garbage pickup bills shall be due and payable monthly at the office of the village clerk. Bills shall be issued on the 20th day of each month. Bills not paid within 30 days of billing shall be determined delinquent and shall incur a late fee of 10% of the amount due. If the bill has not been paid after 30 days from date of billing, the village clerk shall give a written notice to the customer of such delinquency and shall demand payment immediately.
B. In the event that the bill is not paid within the following two Mondays after the sending of said notice, it shall be discretionary with the electrical superintendent and the village clerk to cut off service in compliance with Section 7-107. There shall be a disconnection charge when service is cut off and a reconnection charge for restoration of service. All fees and charges herein shall be as set by resolution by the Village Board and kept on file in the office of the village clerk. All amounts due the Village shall be paid in full by the delinquent consumer before service will be restored.
(Neb. Rev. Stat. §§17-538, 17-542)
SECTION 7-107: DISCONTINUANCE OF SERVICE; NOTICE; PROCEDURE
A. No village utility shall discontinue service to any domestic subscriber for nonpayment of any past due account unless such utility shall first give written notice by first-class mail or in person to any subscriber whose service is proposed to be terminated. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is sent or given. Holidays and weekends shall be excluded from the seven days.
B. Each utility subject to subsection (A) shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such procedures.
C. If any subscriber has previously been identified to the utility as a recipient of assistance from the Department of Social Services, such notice shall be by certified mail to the subscriber and to Social Services.
D. The notice required by subsection (A) above shall contain the following information:
- The reason for the proposed disconnection;
- A statement of intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the utility regarding payment of the bill;
- The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
- The name, address, and telephone number of the utility’s employee or department to whom the domestic subscriber may address any inquiry or complaint;
- The domestic subscriber’s right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection, as provided in subsection (E) below;
- A statement that the utility may not disconnect service pending the conclusion of the conference;
- A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician’s certificate which shall certify that a domestic subscriber or resident within such subscriber’s household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility’s service to that household. Such certificate shall be filed with the utility within five days of receiving notice under this section and will prevent the disconnection of the utility’s service for a period of thirty days from such filing. Only one postponement of disconnection shall be allowed under this subdivision for each incidence of nonpayment of any past-due account;
- The cost that will be borne by the domestic subscriber for restoration of service;
- A statement that the domestic subscriber may arrange with the utility for an installment payment plan;
- A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
- Any additional information not inconsistent with this section which has received prior approval from the Village Board.
E. A domestic subscriber may request a conference in regard to any dispute over a proposed discontinuance of service before the Village Board, which shall hear and decide all matters disputed by a domestic subscriber. The subjects to be heard shall include matters relating to a disputed bill.
F. This section shall not apply to any disconnections or interruptions of service made necessary by the Village for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. Rev. Stat. §§70-1605 through 70-1608)
SECTION 7-108: PLUMBER'S LIABILITY
All work by plumbers shall be done in the manner required by the utility superintendent and shall be at all times subject to the inspection and approval of the superintendent. Plumbers who connect with the public water or sewer system shall be held responsible for any damage to the pipes or the public ways and property and shall restore all excavated streets to the complete satisfaction of the utility superintendent. It shall be unlawful to cover or conceal willfully any defective or unsatisfactory work. (Neb. Rev. Stat. §17-537)
SECTION 7-109: LIEN
In addition to all other remedies, if a consumer shall for any reason remain indebted to the Village for utility services furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent utility rent which is hereby declared to be a lien upon the real estate for which the same was used. The village clerk shall notify in writing all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of utility charges. It shall be the duty of the village clerk to report monthly to the Village Board a list of all unpaid accounts due for utilities which are more than 60 days delinquent, together with a description of the premises upon which the same were used. The report shall be examined and if approved by the board, shall be certified by the village clerk to the county clerk to be collected as a special tax in the manner provided by law. (Neb. Rev. Stat. §§17-538, 17-925.01, 18-503)
SECTION 7-110: DIVERSION OF SERVICES; UNLAWFUL ACTS
A. Any person who connects any instrument, device, or contrivance with any wire supplying or intended to supply electricity or electric current or connects any pipe or conduit supplying gas or water, without the knowledge and consent of the supplier of such products, in such manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas, or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it, and any person who knowingly uses or knowingly permits the use of electricity, electric current, gas, or water obtained unlawfully pursuant to this section, shall be deemed guilty of an offense.
B. If water meters are not in use in the Village, any person who connects any pipe or conduit supplying water without the knowledge and consent of the supplier of such product in such manner that any portion thereof may be supplied to any instrument by or at which water may be consumed without the knowledge and consent of the supplier, and any person who knowingly uses or knowingly permits the use of water obtained unlawfully pursuant to this section, shall be deemed guilty of an offense.
C. Any person who reconnects electrical, gas, or water service without the knowledge and consent of the supplier of such service if the service has been disconnected pursuant to Neb. Rev. Stat. §§70-1601 to 70-1615 or Section 7-107 of this code shall be deemed guilty of an offense.
D. Any person who willfully injures, alters, or by any instrument, device, or contrivance in any manner interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, electric current, gas, or water passing through it without the knowledge and consent of the supplier of the electricity, electric current, gas, or water passing or intended to pass through such meter shall be deemed guilty of an offense.
E. Proof of the existence of any wire, pipe, or conduit connection or reconnection or of any injury, alteration, interference, or obstruction of a meter is prima facie evidence of the guilt of the person in possession of the premises where such connection, reconnection, injury, alteration, interference, or obstruction is proved to exist.
(Neb. Rev. Stat. §28-515.02)
SECTION 7-111: DIVERSION OF SERVICES; PENALTY
A. The Village may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts bypassing, tampering, or unauthorized metering when such act results in damages to a village utility. The Village may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or unauthorized metering.
B. In any civil action brought pursuant to this section, the Village shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages:
- The amount of actual damage or loss if such amount may be reasonably calculated; or
- Liquidation damages of $750.00 if the amount of actual damage or loss cannot be reasonably calculated.
C. In addition to damage or loss under subdivision (B)(1) or (2), the Village may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering, including but not limited to disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorney’s fees in cases within the scope of Neb. Rev. Stat. §25-1801.
D. There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant (1) had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and (2) was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
E. There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
F. The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws, and the remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common law remedies.
(Neb. Rev. Stat. §§25-21,276 through 25-21,278)
Article 2 – Water Department
SECTION 7-201: MANAGEMENT
The utility superintendent shall have the direct management and control of the Water Department and shall faithfully carry out the duties of his office. The superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department, subject to the supervision and review of the Village Board. (Neb. Rev. Stat. §§17-531, 17-534, 19-1305)
SECTION 7-202: CONNECTION TO WATER SYSTEM
A. The Village through its Water Department shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid. All persons whose property is within 300 feet of a main shall be required, upon notice by the Village Board, to hook up with the village water system.
B. The Village may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a village commercial main is now or may hereafter be laid with permission from the Village Board; provided, the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the Village to provide water service to persons whose property line is not within 300 feet of the said main.
C. Each primary structure hereafter erected shall be connected with the water system at the time of its erection. In the event any owner, occupant, or lessee shall neglect, fail, or refuse to make such connection within a period of ten days after the notice has been given to do so by regular mail or by publication in a newspaper in or of general circulation in the Village, the Village Board shall have the power to cause the same to be done, to assess the cost thereof against the property, and to collect the water bills in the manner provided for collection of other special taxes or assessments or to collect in the manner provided for the collection of water bills as provided herein.
(Neb. Rev. Stat. §17-537)
D. Private wells previously constructed and operating prior to the Village’s establishment of its water system shall be permitted to operate, providing that such well complies with other existing, applicable ordinances and does not violate applicable state laws or regulations promulgated by the Nebraska Department of Health.
(Neb. Rev. Stat. §17-532)
SECTION 7-203: PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
Any pipe, solders, or flux used in the installation or repair of any residential or nonresidential building which is connected to the public water supply system shall be lead-free. For purposes of this section, “lead-free” shall mean (A) solders and flux, not more than .2% lead and (B) pipe and pipe fittings, not more than .25% lead. (Neb. Rev. Stat. §71-5301)
SECTION 7-204: water meters required; lawful use
All municipal water use shall be metered as provided in this article. Municipal water shall not be utilized to irrigate crops or other agricultural products; provided, watering of gardens and lawns with municipal water shall be allowed.
SECTION 7-205: INSTALLATION; EXPENSE
A. The Village shall pay the cost of tapping the water main, installing the meter, and providing fixtures and labor up to and including the stop box at the lot line of the customer. No person other than the utility superintendent or his duly authorized agent shall tap the main.
B. Excluding the above costs of tapping the main, installing the meter and installing the stop box, the customer shall, at his or her own expense, bring water service from the main up to and upon his or her own premises and may be required by the Village to employ a licensed plumber to install water service to the place of dispersion.
C. Nonresidents shall pay such installation charges in such sums as the utility superintendent, pursuant to resolution of the Village Board, shall in each case fix. The extension of commercial mains into unsupplied territory within the corporate limits may be made by means of water extension districts.
D. If commercial mains are not laid along the street abutting applicant’s property and if a water main district is not created or extended, applicant may, at his or her own expense under the approval and direction of the utility superintendent, pay the costs of trenching, pipe installation, labor, and attachments necessary to bring water service from the nearest commercial main to applicant’s premises.
(Neb. Rev. Stat. §17-542)
SECTION 7-206: REPAIRS AND MAINTENANCE
A. The Village shall repair or replace, as the case may be, all supply pipe between the commercial main and the stop box. The customer at his or her own expense shall replace and keep in repair all service pipe from the stop box to the place of dispersement. When leaks occur in service pipes, the utility superintendent shall shut off water service until the leak is repaired at the expense of the customer to the satisfaction of the superintendent.
B. All water meters shall be kept in repair by the Village at its expense. When meters are worn out, they shall be replaced and reset by the Village at its expense; provided, if the customer permits or allows a water meter to be damaged, injured, or destroyed through his or her own recklessness, carelessness, or neglect so that the meter must be repaired or replaced, the superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer.
C. All meters shall be tested at the customer’s request at his or her expense any reasonable number of times; provided, if the test shows the water meter to be running 2% or more fast, the Village shall bear the expense of such test. The Village reserves the right to test any water service meter at any time and if said meter is found to be beyond repair, the Village shall always have the right to place a new meter on the customer’s water service fixtures at village expense. Should a consumer’s meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the preceding year; provided, if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the utility superintendent.
(Neb. Rev. Stat. §17-537)
SECTION 7-207: INSTALLATION or repair PROCEDURE
A. In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe or making repairs, the paving and earth must be removed and deposited in a manner that will be least inconvenient to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley, or sidewalk open at any time without a barricade and, during the night, warning lights.
B. After service pipes are laid, the streets, alleys, and sidewalks shall be restored to good condition. If the excavation in any street, alley, or sidewalk is left open or unfinished for a period of 24 hours or more, the utility superintendent shall have the duty to finish or correct the work and all expenses so incurred shall be charged to the consumer.
C. All installations or repairs of pipes require an inspection by the utility superintendent and shall be made when connections or repairs are complete and before the pipes are covered. It is the customer’s responsibility to notify the utility superintendent at the time the work is ready for inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such installation by the superintendent; provided, the said rules, regulations, and specifications have been reviewed and approved by the Village Board.
(Neb. Rev. Stat. §§17-537, 71-5301)
SECTION 7-208: RIGHT OF ENTRY FOR INSPECTION
The utility superintendent or his duly authorized agent shall have free access at any reasonable time to all parts of each premises and building to or in which water is delivered for the purpose of examining the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water. (Neb. Rev. Stat. §17-537)
SECTION 7-209: DESTRUCTION OF PROPERTY
It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building, machinery, apparatus, fixture, attachment, or appurtenance of the Water Department. No person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended use of any of the above-mentioned property without the written permission of the utility superintendent.
SECTION 7-210: FIRE HYDRANTS
All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants and it shall be unlawful for any person other than (A) members of the Fire Department under the orders of the fire chief or the assistant chief or (B) employees of the Water Department to open or attempt to open any of the hydrants and draw water from the same or in any manner to interfere with the hydrants.
SECTION 7-211: POLLUTION
It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Water Department. The standards for water quality established or adopted by the state shall be presumptive evidence as to when the water is deemed to be polluted under this section. (Neb. Rev. Stat. §§17-536, 18-1720, 28-1321)
SECTION 7-212: BACKFLOW PREVENTION
A. A customer of the Water Department may be required by the utility superintendent to install and maintain at his or her expense a properly located backflow prevention device appropriate to the potential hazards set forth in Nebraska Department of Health’s Title 179 and approved by the superintendent.
B. The customer shall make application to the utility superintendent on a form provided by the Village for installation of a required backflow prevention device. The installation shall be subject to all other sections of this code dealing with installation of plumbing, including the use of a licensed plumber, if applicable.
C. Every backflow prevention device equipped with a test port shall be tested as often as required by the Village but at least once each year by a Grade 6 certified water operator, with test results certified to the Village as often as required but in no case more than 30 calendar days after the test. Such certification shall be made on a form available at the village office.
D. All customers of the Water Department shall be required to report to the utility superintendent at least every five years any potential backflow hazards which may be on their premises.
SECTION 7-213: RESTRICTED USE
The Village Board or the utility superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire, drought, or other good and sufficient cause. The Village shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the Village has no control. (Neb. Rev. Stat. §17-537)
SECTION 7-214: WELLS AND OTHER UNDERGROUND FACILITIES; DISTANCE FROM VILLAGE WATER SOURCES
A. It shall be unlawful to cause pollution to or be in a position to cause pollution to the public water supply by willfully or carelessly allowing the following facilities, acts, or events within the specified footage of any village public water supply well. The following facilities, acts, or events shall be defined as nuisances for purposes of this section:
Water well | 1,000 feet |
Sewage lagoon | 1,000 feet |
Land application of municipal/industrial waste material | 1,000 feet |
Feedlot or feedlot runoff | 1,000 feet |
Underground disposal system (septic system, etc.) | 500 feet |
Corral | 500 feet |
Pit toilet, vault toilet | 500 feet |
Wastewater holding tank | 500 feet |
Sanitary landfill/dump | 500 feet |
Chemical or petroleum product storage | 500 feet |
Sewage treatment plant | 500 feet |
Sewage wet well | 500 feet |
Sanitary sewer connection | 100 feet |
Sanitary sewer manhole | 100 feet |
Sanitary sewer line | 50 feet |
(Nebraska DHHS 4/4/10)
B. It shall be unlawful for any person, corporation, or other legal entity to drill and/or operate any of the above-named facilities within the corporate limits of the Village or its extraterritorial jurisdiction without first having obtained the proper permit from the Village Board. In order to obtain a permit to drill and/or operate any of the said facilities, the owner of property on which the proposed facility is to be located must make application on the proper form provided by the Village. Such application must be presented to the board at any regular or special meeting. After reviewing the application of any person desiring to drill or operate any of the facilities described above, then the board must approve or deny said permit.
C. In the event any facility as described herein is installed or operated (1) without first having obtained a permit from the Village and/or (2) within the designated number of feet from the village water supply, then such facility shall be deemed a nuisance and the Village Board shall abate such facility as a public nuisance pursuant to Chapter 3, Article 4 of this code.
Article 3 – Sewer Department
SECTION 7-301: MANAGEMENT
The utility superintendent shall have the direct management and control of the Sewer Department and shall faithfully carry out the duties of his office. He shall have the authority to adopt rules and regulations for the sanitary and efficient management of the department subject to the supervision and review of the Village Board. (Neb. Rev. Stat. §17-925.01)
SECTION 7-302: UNLAWFUL deposits and discharges; prohibited facilities
A. It shall be unlawful for any person to place, deposit, or permit to be deposited any human or animal excrement, garbage, or other objectionable waste in any unsanitary manner on public or private property within the Village, within one mile of the corporate limits thereof, or in any area under the jurisdiction of said village.
B. It shall be unlawful to discharge to any natural outlet within the Village, within one mile of the corporate limits thereof or in any area under its jurisdiction, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsection (E) below.
C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, septic tank, or other similar facility intended or used for the disposal of sewage.
D. Storm water and all other unpolluted drainage including surface water, subsurface drainage, ground water, and roof runoff shall be discharged to specifically designated combined sewers or storm sewers or to a natural outlet approved by the utility superintendent. Industrial cooling water or unpolluted process water may be discharged, on approval of the utility superintendent, to a storm sewer, combined sewer, or natural outlet. The contributor of any identifiable discharge of polluted water to the sanitary sewer system shall be held responsible for reimbursing the Village for such costs, which shall be as determined by the utility superintendent. It shall further be unlawful to connect or maintain connected to the sanitary sewer system any pump which pumps any of the above-identified kinds of water for any purpose whatsoever.
E. No person shall discharge or cause to be discharged any hazardous waters or wastes into the village sewer system. Specific prohibitions in reference to hazardous discharges, options for handling the same, compliance procedures, and penalties for violations shall be as provided by the requirements of applicable regulations, laws, codes, and ordinances including 40 C.F.R., Part 403.
F. In addition to the other remedies that are provided by this chapter for violations of this code, the Village shall have the right to secure the abatement of any con-nection or discharging violation of this section.
SECTION 7-303: CONNECTION TO SEWER SYSTEM
A. The owner of any house, building, or property used for human employment, recreation, or other purposes situated within the Village and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer line of the Village is hereby required at the owner’s expense to install suitable toilet facilities therein and to connect such facilities directly with the said public sewer in accordance with the provisions of this article within 10 days after date of official notice to do so, provided that said public sewer is within 300 feet of the property line.
B. The Village may furnish sewer service to persons within its corporate limits whose property line is not within 300 feet of the said public sewer with permission from the Village Board, provided that the entire cost of pipe and other installation charges shall be paid by such consumer. Nothing herein shall be construed to obligate the Village to provide sewer service to persons whose property line is not within 300 feet of the said public sewer.
C. Each building hereafter erected shall be connected with the sewer system at the time of its erection. In the event that any property owner, occupant, or lessee shall neglect, fail, or refuse to make such a connection with the public sewer within a period of ten days after notice has been given to him or her to do so by registered mail or by publication in a newspaper in or of general circulation in the Village, the Village Board shall have the power to cause the same to be done, to assess the cost thereof against the property, and to collect the assessment thus made in the manner provided for collection of other special taxes and assessments or to collect in the manner provided for the collection of sewer bills as provided herein.
(Neb. Rev. Stat. §18-503)
SECTION 7-304: INSTALLATION EXPENSE
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner, who shall indemnify the Village from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. The utility superintendent in his discretion may direct the customer to hire a licensed plumber to tap the main. The customer shall then be required to pay the expense of procuring the materials required and shall pay all other costs of installation. (Neb. Rev. Stat. §18-503)
SECTION 7-305: repairS and Maintenance
A. The Sewer Department may require the owner of any property which is connected to the public sewers or drains to repair or replace any connection line which serves the owner’s property and is broken, clogged, or otherwise in need of repair or replacement. The property owner’s duty to repair or replace such a connection line shall include those portions upon the owner’s property and those portions upon public property or easements up to and including the point of junction with the public main. All replacements and repairs made by the customer shall be done in the manner and with the materials approved by the utility superintendent, provided the same have been previously approved by the Village Board.
B. The village clerk shall give the property owner notice by registered letter or certified mail, directed to the last known address of such owner or the agent of such owner, directing the repair or replacement of such connection line. If within 30 days of mailing such notice the property owner fails or neglects to cause such repairs or replacements to be made, the utility superintendent shall complete the work and charge the cost of such repairs or replacement to the customer.
(Neb. Rev. Stat. §18-1748)
SECTION 7-306: INSTALLATION OR REPAIR; PROCEDURE, Materials
All installation or repair of any part of the sewerage system shall be done under the supervision of the utility superintendent and strictly in accordance with the rules, regulations, and specifications on file with the village office and prescribed for such installation by the village engineer, provided that the said rules, regulations, and specifications have been reviewed and approved by the Village Board. Where the material proposed to be used for sewerage system installation or repairs is not among those on file in the clerk’s office, a determination shall be made and expense paid using the same procedures as prescribed for determinations of materials for water mains, supply lines, and service lines. (Neb. Rev. Stat. §18-503)
SECTION 7-307: INSTALLATION; INDEPENDENT CONNECTION; EXCEPTION
A separate and independent building sewer shall be provided for every building. Where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer; but the Village does not and will not assume any obligation or responsibility for damage caused by or resulting from any such single connection aforementioned. (Neb. Rev. Stat. §18-503)
SECTION 7-308: INSTALLATION; UNLAWFUL CONNECTION; polluted drainage
No person shall make connection of roof downspouts, interior and exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the utility superintendent for purposes of disposal of polluted surface drainage. If responsibility can be determined, the party responsible for disposal of polluted surface drainage into the public sanitary sewer shall pay a user charge equivalent to the cost of treating the polluted drainage.
SECTION 7-309: INSTALLATION; USE OF EXISTING SEWERS
Old building sewers and drains may be used in connection with new buildings or new plumbing only when found, on examination by the utility superintendent, to conform in all respects to the requirements governing new sewers and drains. If the old work is found defective or otherwise unsatisfactory, the superintendent shall notify the owner to make the necessary changes to conform to the provisions of the municipal code.
SECTION 7-310: MANHOLES
Entrance into a manhole or opening for any purpose except by authorized persons is prohibited. It shall be unlawful to deposit or cause to be deposited in any receptacle connected with the sewer system any substance which is not the usual and natural waste carried by the sewer system.
SECTION 7-311: DESTRUCTION OF PROPERTY
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater facilities. Any person or persons violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
Article 4 – Electric System
SECTION 7-401: LICENSED ELECTRICIAN
Under no circumstances shall connections be made between the wires of the electric distribution system of this village and the meter of the consumer except by an employee of the Village or a licensed electrician authorized to do so by the utility superintendent. The consumer may have wiring done by any competent licensed electrician from the meter to the points of distribution. All installation shall be done under the supervision and strictly in accordance with the rules, regulations, and specifications for such installation prescribed by the utility superintendent and building inspector; provided, that such rules, regulations, and specifications have been reviewed and approved by Village Board. (Neb. Rev. Stat. §17-902, 19-1404)
SECTION 7-402: INSTALLATION EXPENSE
A. The expense of installation and equipment up to the electric meter loop, including the meter, shall be paid by the Village. The expense of installation and wiring from and including the meter loop to the points of distribution shall be the responsibility of the customer. Maintenance and replacement expense shall be apportioned in the same manner.
B. Underground installation of electric service shall be required in all new subdivisions and where feasible in any other areas, as designated by the Village. The customer shall pay the entire cost of underground installation except for the meter from the point of tie-in at the secondary distribution system to the point of distribution at the residence or commercial building.
C. In the event an upgrade in electric service is elected by the Village at a time other than application of new or upgraded service by the customer, said service shall be at the expense of the Village.
D. This section shall not operate to prohibit the Village and the consumer from entering into any agreement concerning the allocation of the expenses of the installation of an electric system in the Village; provided, the Village and the customer shall not enter into any agreement regarding the allocation of the expenses of the installation of an electric system in the Village unless two-thirds of the Village Board votes in favor of entering into such an agreement.
(Neb. Rev. Stat. §17-902)
SECTION 7-403: METER READINGS
All electric meters shall be read at least one time each month during which electric service is used. In the event a meter is broken or otherwise fails to register accurately the use of electricity by any consumer, the six-month average of the season one year previous to such breakage shall be used for billing purposes. (Neb. Rev. Stat. §19-1404)
SECTION 7-404: METER TESTING
Each customer who requests that his or her electric meter be checked for accuracy shall be assessed a charge to reimburse the Village for the actual cost of such testing. If the meter proves to be registering inaccurately, resulting in an overcharge to the customer, the dollar assessment shall be returned to the customer. Said assessment shall be as set by the Village Board by resolution and kept on file in the office of the village clerk.
SECTION 7-405: METER IN DISREPAIR
In the event that any customer’s meter falls out of repair or fails to register properly, the superintendent shall charge such customer the same amount billed one year previous to such disrepair. In the event that there is no such basis for comparison, the superintendent shall charge the customer such amount as he deems fair both to the customer and the village.
SECTION 7-406: RESTRICTED USE
The electric system does not guarantee the delivery of electric current over the lines of the distribution system except when it has sufficient power, current, equipment, and machinery to do so. The utility superintendent has the power and authority to disconnect or discontinue such service for any good and sufficient reason without liability. The Village shall use due care and reasonable diligence to provide and supply uninterrupted service to consumers but shall not be liable for damages resulting from interruption of service due to causes over which the Village has no control and the Village expressly reserves the right to discontinue or disconnect any consumer’s service without preliminary notice. (Neb. Rev. Stat. §17-902, 19-1404)
SECTION 7-407: POSTING SIGNS
It shall be unlawful for any person to post, tack, or fasten to the poles, structures, fixtures, or equipment of the electric system any sign, poster, advertisement, or banner without written permission from the utility superintendent. (Neb. Rev. Stat. §19-1404)
SECTION 7-408: TRIMMING TREES
Any person desiring to cut or remove trees or branches thereof in close proximity to the lines of the electric system shall, before doing the said work, give reasonable written notice to the utility superintendent and shall follow any and all rules and regulations which he may prescribe for doing such work. It shall be unlawful for any person felling or removing such trees or branches to disrupt or damage the lines without first giving proper notice and receiving permission in writing to do so. Whenever it becomes necessary to protect the lines or property of the electric system, the Village Board shall have the power to order cut and remove any overhanging branches, or limbs of trees so that the lines will be free and safe.
SECTION 7-409: INSPECTIONS
The utility superintendent shall have free access at any reasonable time to each premises and building to or in which electricity is supplied; provided, in the event of an emergency, such inspections may take place at any time. (Neb. Rev. Stat. §17-902)
SECTION 7-410: DESTRUCTION OF PROPERTY
It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building, machinery, apparatus, fixture, attachment, or appurtenance of the electric system. (Neb. Rev. Stat. §28-512)
Article 5 – Solid Waste
Section 7-501: OWNER’S RESPONSIBILITY
A. It shall be unlawful for any person to keep garbage, trash, or waste of any kind that may be injurious to the public health or offensive to the residents of the Village in, on, or about any dwelling, building, or premises or any other place in the Village unless the same is kept in approved receptacles awaiting collection and disposal.
B. No person may permit yard waste, garbage, trash, or waste to accumulate; and all persons shall properly dispose of the same within 24 hours after notification from the village chairman, who shall represent the Board of Health.
(Neb. Rev. Stat. §19-2106)
Section 7-502: MANDATORY COLLECTION
All garbage, trash, and waste generated by the residents of the Village shall be collected for disposal by the contracted company. The said company shall collect all garbage, trash, and waste from the approved receptacles at each collection stop not less frequently than weekly. In case of weather or road conditions making collection impossible or impractical, collection will be made as soon thereafter as possible. Each collection stop shall have approved receptacles approved by the contracted company for the purpose of accumulation of garbage, trash, and waste awaiting collection. All residents of the Village shall make the approved receptacles available to the contracted company on the scheduled collection date.
Section 7-503: COLLECTION FEES
A collection fee shall be set by the contract vendor, which shall be billed and collected by the Village along with water and sewer usage in the manner set forth in Chapter 7, Article 1 herein.
Article 6 – Penal Provision
SECTION 7-601: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of an offense and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.