PART II  CODE OF ORDINANCES - Chapter 36

UTILITIES*

*Charter references: Power over utilities, ch. II, § 2.
Cross references: Any ordinance establishing utility rates saved from repeal, § 1-12(5); any ordinance relating to sewage treatment or industrial waste control saved from repeal, § 1-12(16); administration, ch. 2; buildings and building regulations, ch. 6; environment, ch. 10; fences, walls and hedges, ch. 12; land divisions and subdivisions, ch. 16; subdivision improvements of water mains, § 16-223; plans for utilities; fees in subdivisions, § 16-228; planning, ch. 26; development design standards for sanitary sewers, § 26-151 et seq.; development design standards for storm sewers, § 26-171 et seq.; development design standards for stormwater retention and detention, § 26-191 et seq.; solid waste, ch. 28; streets, sidewalks and other public places, ch. 30; telecommunications, ch. 32; utility approval, § 40-257.
State law references: Local government authority to provide and regulate water and sewer service, MCL 324.4301 et seq.; collection of water or sewerage charges, MCL 123.161 et seq.; sewage disposal, water supply and solid waste management system, MCL 124.281 et seq.; rates charged for use of public improvement in order to pay bonds, MCL 141.121.
 

ARTICLE I.  IN GENERAL

Secs. 36-1--36-30.  Reserved.

 

ARTICLE II.  WATER*

*Cross references: Development design standards for water supply, § 26-211 et seq.

DIVISION 1.  GENERALLY

Sec. 36-31.  Permission required for connections; water meter required.
It shall be unlawful for any person to make any water connection with the village water system at any place or to draw water from such system, except in case of fire, without first obtaining written permission to do so from the village council, and without following the rules and requirements as prescribed in the permit issued by the council. No such permit shall be granted without requiring that a suitable water meter be installed in accordance with the regulations of the village or as ordered by the council.
(Ord. No. 19, § 1, 8-20-1917; Code 1992, § 19-1)

Sec. 36-32.  Permission required to extend main or pipe beyond village limits.
It shall be unlawful for any person to extend any water pipe or main connected with the village water system at any point beyond the boundaries of the village, without first obtaining written permission of the village council to do so, and without complying with the rules and requirements as contained in the permit issued by the council. Permission to extend any such water pipe or main beyond the village boundaries at any point shall not be construed to obligate the village in any manner to sell or supply water through the main beyond the village boundaries. The supplying of water through any main beyond the village limits at any time shall continue only at the pleasure of the council.
(Ord. No. 19, § 2, 8-20-1917; Code 1992, § 19-2)

Sec. 36-33.  Meter required for service beyond village limits.
No permit shall be granted to any person to connect any water pipe or main with the village water system, where the pipe to be connected extends beyond the village boundaries, without requiring that a suitable meter, as prescribed by the village council, shall be installed in such pipe line within the boundaries of the street where such connection shall be made and at such distance from such boundaries as the council shall determine.
(Ord. No. 19, § 3, 8-20-1917; Code 1992, § 19-3)

Sec. 36-34.  Responsibility for expense of meters and connections.
(a) Any water meter required by this article to be installed, or which may be required by the village council, shall be installed at the expense of the person required to install the meter.
(b) Any water connection made with the village water system shall be made at the expense of the person who shall obtain permission to make the connection.
(Ord. No. 19, § 4, 8-20-1917; Code 1992, § 19-4)
Secs. 36-35--36-50.  Reserved.

DIVISION 2.  CROSS CONNECTIONS

Sec. 36-51.  Adoption of rules.
The village adopts by reference the water supply cross connection rules of the state department of public health, being 1979 AC R325.11401--325.11407.
(Ord. No. 140, § 1, 2-18-1975; Code 1992, § 19-31)

Sec. 36-52.  Inspections required.
It shall be the duty of the department of public works to cause inspections to be made of all properties served by the public water supply where cross connections with the public water supply are deemed possible. The frequency of inspections and reinspections, based on potential health hazards involved, shall be as established by the department of public works and as approved by the state department of public health.
(Ord. No. 140, § 2, 2-18-1975; Code 1992, § 19-32)

Sec. 36-53.  Right of access for inspections; furnishing of information.
(a) The representative of the department of public works shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the village for the purpose of inspecting the piping system of such property for cross connections.
(b) Upon request, the owner, lessee or occupant of any property served by a connection to the public water supply system of the village shall furnish to the inspection agency any pertinent information regarding the piping system on such property. The refusal of such information or access, when requested, shall be deemed evidence of the presence of cross connections.
(Ord. No. 140, § 3, 2-18-1975; Code 1992, § 19-33)

Sec. 36-54.  Discontinuance and restoration of service.
The department of public works is hereby authorized and directed to discontinue water service after reasonable notice to any property in which any connection in violation of this division exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with the provisions of this division.
(Ord. No. 140, § 4, 2-18-1975; Code 1992, § 19-34)

Sec. 36-55.  Protection from contamination; labeling of outlets used for potable and domestic purposes.
(a) The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified in this division and in the state and the village plumbing code.
(b) 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:
WATER UNSAFE FOR DRINKING
(Ord. No. 140, § 5, 2-18-1975; Code 1992, § 19-35)

Sec. 36-56.  Division supplementary to state plumbing code.
This division does not supersede the state plumbing code, but is supplementary to it.
(Ord. No. 140, § 6, 2-18-1975; Code 1992, § 19-36)
Secs. 36-57--36-80.  Reserved.

DIVISION 3.  WATER USE RESTRICTIONS

Sec. 36-81.  Policy.
As a purchaser of water from the Detroit Water and Sewerage Department (DWSD), the village is subject to the reasonable regulations of the DWSD and state department of public health (DPH). In cases of heavy water usage and reduced water supply, the DWSD and/or DPH may, on occasion, issue restrictions on the use of water in order to preserve water supplies and/or maintain adequate water pressure, and it is hereby declared to be the policy of the village to support, abide by and enforce such regulations within the village.
(Ord. No. 192, § 19-41, 6-27-1995)

Sec. 36-82.  Notice.
Whenever the DWSD and/or DPH issue a written notice of their enactment of restrictions on the use of water, the village manager or a designee, upon receipt of such written notice, shall promptly publish such restrictions in conspicuous places in the village, and shall arrange for the prompt publication of such restrictions over any cable television channel dedicated to village activities or notices.
(Ord. No. 192, § 19-42, 6-27-1995)

Sec. 36-83.  Compliance.
Upon the publication of the restrictions in accordance with section 36-82, all persons within the village shall comply with such restrictions until such restrictions expire or are canceled.
(Ord. No. 192, § 19-43, 6-27-1995)

Sec. 36-84.  Cancellation; notice.
Upon the cancellation of some or all of the water use restrictions by the DWSD and/or DPH, the village manager or a designee shall promptly publish notice of such cancellation by the means specified in section 36-82.
(Ord. No. 192, § 19-44, 6-27-1995)
Secs. 36-85--36-110.  Reserved.

 

ARTICLE III.  SEWERS*

*Cross references: Subdivision improvements of sewers, § 16-222.

DIVISION 1.  GENERALLY
Secs. 36-111--36-130.  Reserved.

DIVISION 2.  DRAINAGE FROM RAINWATER DOWNSPOUTS

Sec. 36-131.  Purpose.
In order to reduce the sudden inflow of rainwater into the village sewer system during rainstorms and thereby reduce the overflow and the resulting pollution of Lake St. Clair, the village council does hereby adopt the rules and regulations set out in this division requiring the disconnection of rainwater downspouts within the village.
(Ord. No. 201, art. X, § A, 11-18-1997)

Sec. 36-132.  Disconnection from sanitary sewer system required.
(a) It shall be unlawful and a violation of this division for any owner of property located within the village to permit, allow or maintain the connection of gutter downspouts with the sanitary sewer system of the village unless an exemption has been granted in accordance with section 36-133. Every day of noncompliance with this section will be deemed a separate violation. The fine for such violation shall be $10.00 dollars per day, per downspout.
(b) Existing connections shall be disconnected on or before June 1, 1998. No new connections shall be permitted to connect to the sanitary sewer from and after the effective date of the ordinance from which this division is derived. All downspouts on all new construction commenced from and after the effective date of the ordinance from which this division is derived shall, however, be properly connected to the village storm sewer system.
(Ord. No. 201, art. X, § B, 11-18-1997)

Sec. 36-133.  Exemptions.
Under the following circumstances, the village manager or an authorized deputy may grant an exemption from the provisions of this division, which exemption shall be in writing and recorded in a record to be kept by the building department, provided, in each such case, there is no practical way of otherwise diverting the discharge:

(1) If such disconnection would cause water to discharge onto a driveway or sidewalk, creating a hazardous condition.
(2) If such disconnection would cause water to flow next to a basement wall and tend to create a basement water problem.
(3) If such disconnection would cause water to discharge across or onto a patio or onto the ground near where children's play equipment is permanently installed.
(4) If such disconnection would cause water to flow directly into an in-ground swimming pool.
(5) If such disconnection would create a flooding problem because of low grade.
(6) If such disconnection would cause water runoff to discharge onto a neighbor's property.
(7) For a reason that such disconnection would otherwise create an undue hardship.

(Ord. No. 201, art. X, § C, 11-18-1997)

Sec. 36-134.  Appeals; authority to modify fee and fines.
(a) Any property owner, including abutting owners affected by water flowing from a disconnected downspout, may appeal a decision of the village manager or an authorized deputy, which decision ordered or authorized the disconnection of one or more downspouts. Such appeal shall be in writing, addressed to the village council, accompanied by an appeal fee in an amount established by the village council, and shall state the reason the property owner or abutting property owner believes an exemption should be granted. The appeal shall be reviewed by the council, which may confirm the decision of the village manager or deputy or may modify such decision or grant an exemption.
(b) The appeal fee and fines set forth in this division may be modified by a resolution of the village council as adopted from time to time.
(Ord. No. 201, art. X, § D, 11-18-1997)

Sec. 36-135.  Placement of downspouts.
Rainwater downspouts that are existing upon any real property in the village shall be directed in a manner so that the water discharged from such downspouts shall be directed toward the street or other area of the property to minimize or reduce the flow of rainwater onto abutting properties.
(Ord. No. 201, art. X, § E, 11-18-1997)
Secs. 36-136--36-160.  Reserved.

 

ARTICLE IV.  CHARGES FOR WATER AND SEWAGE DISPOSAL SERVICES

Sec. 36-161.  Billing.
Charges for water and sewage disposal service shall be billed in accordance with the rates and schedules enacted by the village council from time to time. Bills for water and sewage disposal service shall be due and immediately payable when rendered, and may be paid, without penalty, within 21 days of the billing date, and shall thereafter be subject to a ten percent penalty. Bills shall be sent to the occupant at the metered address, unless other arrangements are made by the owner.
(Code 1992, § 19-51)

Sec. 36-162.  Nonpayment of bills; discontinuance of service.
The village may enforce the payment of charges for water and sewage disposal services by discontinuing either or both of such services to a metered address for which payment is more than 90 days delinquent. The charges for water and sewage disposal services which, under the provisions of state law, are made a lien on the premises to which such services are furnished are hereby recognized to constitute such a lien. Any such charges which are delinquent for more than six months shall be placed on the next village tax roll, and shall be collected in the same manner as a special assessment. Where the water service to any premises is turned off to enforce the payment of water service or sewage disposal service charges, the water service shall not be resumed until all delinquent charges, together with reasonable water turnoff and turn-on charges as set by the village council, have been paid.
(Code 1992, § 19-52)

 

©The Village of Grosse Pointe Shores, 2004