§ 38-62. Connection to the utility system required

(a) Connection is required.

(1) This section applies to properties within the city limits. This section does not apply to properties and uses permitted to drill a water well as provided by section 38-172(b).

(2) The following properties are required to have buildings and structures located on the property connected to the city's utility system:

a. Property on which the owner or tenant is constructing a new building or structure intended for human habitation or occupancy, and the following:

1. There is no water well on the property; or

2. The existing water well on the property is incapable of serving the new building or structure or of meeting the water supply needs of the new building or structure, is unsafe or unreliable as a potable water supply, is within 50 feet of an existing septic tank, or is within 100 feet of an existing septic system drainfield or spray area.

b. Property on which there is an existing building or structure that is used for human habitation or occupancy, and the following:

1. The owner or tenant of the property is expanding an existing building or structure located on the property and the existing water well is incapable of serving the expanded building or structure or of meeting the water supply needs of the expanded building or structure, is unsafe or unreliable as a potable water supply, is within 50 feet of an existing septic tank, or is within 100 feet of an existing septic system drainfield or spray area; or

2. The existing well is unsafe or unreliable as a potable water supply, is within 50 feet of an existing septic tank, or is within 100 feet of an existing septic system drainfield or spray area.

(b) If a property owner is required to connect to the city's utility system under subsection (a) of this section, the owner of the property shall, within 90 days after the same becomes available, connect to the utility system. Such connections shall be made subject to the applicable charges provided by the current city ordinances. The applicant may request a payment plan for payment of the costs associated with connection to the city's system. If the property is not connected to the city utility system within the time prescribed, the city manager shall provide written notice to the person owning or having possession or control of the property required to be connected to the city's utility system. Such notice shall also state that, upon failure of the property owner or occupant to connect to the city's utility system within 90 days from the date of the notice, the city will connect the property to the city's utility system, and will charge the cost and expense incurred by the city to connect the property to the utility system to the owner of such property, and that the city may place a lien on such property for those costs and expenses, may institute suit against the owner to collect the costs incurred by the city, or may undertake other measures within the city's authority to recover the costs. The notice provided for in this section shall be in writing and either served personally or sent by letter addressed to the owner of such property at the address of the property, and at the address as identified by the appraisal district.

(c) A person who is connected to the city's water system but who also has a water well may continue to use the water well for irrigation purposes only; provided, however, that the well has all of the necessary state and local permits, and there are no cross connections between the water well and the city's water system and the person has complied with the cross connection prevention requirements of section 38-64. Once a person's property inside the city limits is connected to the city's water supply system, even if the person's property is subsequently disconnected from the city's water supply system, the person may not use an existing water well for anything other than for irrigation purposes.

(Ord. No. 592, art. IV, § 5, 10-23-2012)