CHARTER TOWNSHIP OF BERTRAND
BERRIEN COUNTY
STATE OF MICHIGAN
Ordinance No. 221013E
AN ORDINANCE TO REGULATE WATER SERVICE FROM NILES CITY AND CROSS CONNECTIONS IN BERTRAND CHARTER TOWNSHIP.
At a regular meeting of the Bertrand Township Board held at the Bertrand Township Hall on the 13th day of October , 2022, at 7:00 p.m. EST.
PRESENT: Hicks, Kuhn, Payton, Vite, Zelmer
ABSENT: None
The following ordinance was offered by Trustee Zelmer and supported by Trustee Vite :
BERTRAND CHARTER TOWNSHIP ORDAINS:
DIVISION 1. SERVICE REQUIREMENTS AND CROSS CONNECTIONS.
Sec. 1. Service installation requirements.
No water service from a building, structure or meter pit to the water mains in any street, alley or other terminal, shall be installed, altered, repaired or improved within the Township unless in full compliance with the following requirements:
(1) Water service piping from the water mains to the meter pit and the riser shall be new piping of not less than one inch diameter and made of Type “K” copper, ductile iron, or any water service piping product approved in the then current Michigan Plumbing Code.
(2) Ordinary outdoor water meter settings shall be made in the boulevard or tree lawn at a point measured from the sidewalk which is approximately equal to one-third of the distance from the sidewalk to the street curb. Installers shall extend from the building or structure to the point of meter setting and provision shall be made for an additional 4½ feet for the riser in the meter setting. All water service and meter settings shall be at least four feet from the edge of driveways or future driveway locations.
(3) For all water services, ground cover shall be provided which is not less than four feet in depth over the service for finished grade. All services shall be laid in a straight line and so far as practicable, at right angles to the front of the building or structure.
Sec. 2. Cross connections.
(a) The Township hereby adopts by reference, and makes a part hereof as if fully set out in this section, the Water Supply Cross Connection Rules of the Michigan Department of Public Health, being R 325.11401 to R 325.11407 of the Michigan Administrative Code. A copy of such Rules shall be placed on file in the office of the city clerk for public inspection.
(b) It shall be the duty of the City of Niles, by such person as shall be appointed by the City and Township pursuant to the parties’ Water Service Agreement, to cause inspection to be made of all properties served by the public water supply where cross connections with the public water supply is deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be established by the utilities manager and approved by the state department of health. The Township hereby appoints the Niles City Utilities Manager, as designated by the City of Niles, hereinafter the “utilities manager”, to do any inspections required or allowed under this Ordinance.
(c) The utilities manager or his designated representative shall have the right to enter at any reasonable time any property served by a connection to the city public water supply system for the purpose of inspecting the piping system or systems thereof for cross connections. The owner, lessee or occupant of any property so served shall furnish to the utilities manager or his representative any pertinent information regarding the piping system or systems on such property. The refusal of such information or of access to the property, when requested, shall be deemed prima facie evidence that cross connections exist or are present on the premises.
(d) The utilities manager is hereby authorized and directed to order the discontinuation of water service to any property wherein any cross connection in violation of this section exists, and to take or cause to be taken necessary action to eliminate any danger or contamination of the public water supply system. Reasonable notice to the owner, lessee or occupant of the premises so served shall precede discontinuation of service. Water service to such property shall not be restored until the connection has been eliminated in compliance with the provisions of this section.
(e) The potable water supply made available on properties served by the city public water supply shall be protected from possible contamination as specified in this section and by the provisions of such other laws and ordinances regulating potable water supply systems. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as:
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WATER UNSAFE FOR DRINKING
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(f) Any person or customer of the city public water supply system located in Bertrand Charter Township found guilty of violation of any of the provisions of this section shall be deemed guilty of a misdemeanor.
Sec. 3. Prohibited connections.
(a) The owner(s) of all occupied structures where there is now, or hereafter may be, located a potable water system of the city shall connect to city potable water system and disconnect from all other secondary water supply systems, subject to the following exceptions:
(1) The requirements of this section shall not apply where the city potable water supply system is a distance greater than 200 feet from the nearest property line.
(2) The requirements of this section shall not apply to owners of occupied structures with secondary water supply systems supplemental to the city potable water system where the supplemental secondary water supply is used solely for plants, livestock, or other irrigation or agricultural purposes, provided none of the supplemental secondary water supply is connected to a habitable building or structure that is serviced by the city potable water system or is connected in anyway with the city potable water system.
(3) For purposes of this section, “secondary water supply” shall be defined as a water supply system maintained in addition to a public water supply, or as later amended by the water supply cross connection rules of the state department of public health.
(4) For purposes of this section, “habitable building or structure” shall be defined as any building or structure, or part thereof, suitable for occupancy.
(b) Any secondary water supply system permitted under section 3(a)(1) or (2) shall not be permitted to the extent it is hazardous to the city’s public water supply, which may occur in instances including, but not limited to, contamination or environmental threats or dangers to city aquifers. The utilities manager is hereby authorized and directed to take or cause to be taken necessary action to eliminate any danger or contamination of the public water supply system.
(c) Any person or customer of the city public water supply system located in Bertrand Charter Township found guilty of violation of any of the provisions of this section shall be deemed guilty of a misdemeanor.
DIVISION 2. COLLECTION OF RATES AND CHARGES
Sec. 1. Exemption for lessor.
The provisions of this division shall not apply, in any instance where a lease has been legally executed, containing a provision that the lessor shall not be liable for payment of water bills accruing subsequent to the filing provided for in this division; provided that an affidavit with respect to the execution of such a lease shall be filed with the utilities department and 20 days notice shall be given by the lessor of any cancellation, change in or termination of the lease.
Sec. 2. Lien.
(a) The Township shall have as security for the collection of any water rates, or any assessments, charges or other rentals due or to become due for the use or consumption of water supplied to any house or other building or any premises, lot or lots, or parcel or parcels of land, a lien upon such house or other building and upon the premises or lot upon which such house or other building shall be situated or to which such water was supplied.
(b) The lien under this section shall become effective immediately upon the distribution of water to the premises or property supplied, but shall not be enforceable for more than three years thereafter.
(c) The official records of the City utilities department as certified and transmitted to the Township Treasurer shall constitute notice of the pendency of the lien.
(d) The lien created by this division shall have priority over all other liens, except liens for taxes or special assessments, whether or not such other liens accrued or were recorded prior to the lien created by this division.
Sec. 3. Guarantee deposit by lessee.
Where an affidavit has been filed with the utilities department by any lessor and before the water may be turned on in the premises specified in such affidavit, the lessee shall deposit with the utilities department a “guarantee deposit” which shall be continuously held by the city as a guarantee of payment for water used and for the protection of the city against any damage to the service pipe, service cock, stop box and water meters; provided, however, that whenever the customer shall have promptly paid his water bills for at least two years and has otherwise established satisfactory credit in the municipality, the utilities department may refund his deposit. The utilities department will pay interest on the “guarantee deposit” at four percent per annum as long as it is retained by the department. The amount of the guarantee deposit shall be fixed in the discretion of the utilities department.
Sec. 4. Delinquency; transfer to tax roll.
All unpaid water rates or charges which upon May 1 of each year have remained unpaid for a period of three months or more shall be reported by the utilities department to the city council at the first meeting thereof in the month of May. The city council shall thereupon order the publication, in a newspaper published within the county, of notice to all owners of property within the city that all unpaid water rates or charges which have remained unpaid for a period of three months or more as of May 1 which have not been paid by the next May 31 will be transferred to the Township Treasurer and placed on the tax roll and assessed upon the Township tax roll against the property to which the water for which the unpaid rates or charges accrued to be collected in the same manner as the lien created by Township taxes on such tax roll.
Sec. 5. Tax lien.
All unpaid water rates or charges which are reported by the utilities department to the city council as having been unpaid for a period of three months or more on May 1 of each year which remain unpaid on the following May 31 shall be transferred to the Township’s tax roll, assessed against the property to which the water was supplied or furnished for which the unpaid rates or charges accrued, to be collected with and in the same manner as Township taxes are collected, and if the unpaid rates or charges shall remain delinquent and unpaid after the expiration of the time limited in the warrant for the collection of taxes levied in such roll, such charges shall be returned to the county treasurer to be collected in the same manner as the lien created by delinquent city taxes.
Sec. 6. Discontinuance of service.
The city may discontinue water service from the premises or property against which the lien created in this division has accrued and such service shall not be turned on again to the premises or property or to the occupant of such premises or property who shall have failed or refused to pay such rates or charges until the rates or charges have been paid; provided that where an affidavit of lease has been filed with the utilities department in accordance with the provisions of section 1, the amount of any such unpaid rates or charges shall be deducted from the deposit provided for in section 3 and where such unpaid rates or charges exceed the amount of the deposit, the city may discontinue water service from the premises or property leased and as to such lessee individually until the unpaid rates or charges are paid and the amount of the deposit provided for in section 3 reestablished in full; provided further that such discontinuance from any such premises or property shall cease upon the termination of the lease of which affidavit has been given or removal of such lessee from the premises or property.
Sec. 7. Turn-on fee.
In all cases where water service has been discontinued to any premises or property because of nonpayment of any water rates or charges, the city shall charge a turn-on fee in the amount established by city resolution at the time the water is turned on.
Sec. 8. Suit by city.
Unpaid water rates or charges may also be collected by suit brought in the name of the city against the owner or occupant of the premises or property, or both.
AYES: Hicks, Kuhn, Payton, Vite, Zelmer
NAYS: None
ORDINANCE DECLARED ADOPTED.
Date: October 13, 2022 ______________________________
Don Vite, Township Clerk
I, DON VITE, duly elected Clerk in and for the Charter Township of Bertrand, Berrien County Michigan, do hereby certify that the foregoing is a true and complete copy of an Ordinance adopted by the Township Board of Trustees, Bertrand Township, at a regular meeting held on the 13th day of October, 2022, and I further certify that public notice of such meeting was given as provided by law.
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Don Vite, Township Clerk
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