Chapter 12 – Waterworks & Sewer System

CHAPTER XII

WATERWORKS AND SEWER SYSTEM

ARTICLE I. WATERWORKS REGULATIONS

12-101 Superintendent of Waterworks and Sewerage to Have Charge of City Waterworks

12-101.1 Mandatory Use of the Municipal Water Service

12-102 Rules and Regulations Covering Consumer

12-103 Water Meters: Required

12-104 Same: Installation of by Whom, Regulations Governing

12-105 Same: No Allowance Made on rates for Excessive Use or Leaks or Waste

12-106 Same: Damaging and Repair of, Expense Charged to Whom

12-107 Same: Failure to Register; Owner to Notify Whom

12-108 Same: Disturbing or Removing of Prohibited

12-109 To Be Examined by Whom, Cost of Repairing

12-110 Water Rates: Established

12-111 Water Rents Due, When

12-112 Same: Fixed By Whom

12-113 Same Applications for Corrections of, Must be Made When

12-114 Payment, Owner Liable

12-115 Books, Records, Bills, Duty of City Auditor

12-116 Delinquent List Auditor to Furnish Superintendent, When

12-117 Meters, Duty of Those Installing

12-118 Service Charges, Who Liable

12-119 Hydrants, Protection, Penalty

12-120 Water Turned on Without Permit, Penalty

12-121 Obstructing Hydrant, etc., Penalty

12-122 Plumbing Without License, Penalty

12-123 Hydrants, Taking Water from Prohibited Unless Permission is Obtained from City Auditor

12-124 Excavations, Regulations Governing

12-125 Non-Liability of City for Damage to Service Pipe, etc., When

12-126 Enforcement of Article

ARTICLE II. CONSTRUCTION AND REGULATION OF SEWERS

12-201 House Drainage

12-202 Connection with Sewer, How Made, Application

12-203 Making Connection, Superintendent of Sewage’s Duty

12-204 Regulations, Connections

12-205 Cesspool, Privy

12-206 Steam Engine Exhausts

12-207 Refuse in Sewers

12-208 Permit, Penalty for Making connections Without One

12-209 Injuries Prohibited

12-210 Compelling Making Connections

12-211 Water Flow Required

ARTICLE III. SEWAGE RATES AND REGULATIONS

12-301 Sewage: Disposal

12-302 Sewage Rates: Established

12-303 Owner Liable for Payment

12-304 Service Charges Due When

12-305 Discontinuing Use

12-306 Measuring Water

12-307 Provisions Applicable

12-308 Funds

12-309 Management, Who in Charge, Duties

12-310 Supplies, Purchasing

12-311 Books, Records, Bills, Duty of City Auditor

12-312 Duties of Assistant Superintendent of Sewerage

ARTICLE IV. REGULATING PLUMBING

12-401 State Plumbing Code Adopted as Standard

12-402 Plumbing Work Restricted to Plumbers Licensed by State

12-403 Permit Required, Application

12-404 Permit, Fee

12-405 Plumbing Inspector, Appointment of

12-406 Pipe Material

12-407 Stop Cocks

12-408 Excavations

12-409 Materials, Strength, Inspection

12-410 Repairs, Permit, Installing hydrants

12-411 Inspection of Plumbing

ARTICLE V. PENALTY

12-501 Penalty for Violation of Chapter

ARTICLE I

WATERWORKS REGULATIONS

12-101. SUPERINTENDENT OF WATERWORKS AND SEWAGE, TO HAVE CHARGE OF CITY WATERWORKS. It shall be the duty of the Water Superintendent to take and have charge and management of the City Waterworks and any and all property pertaining thereto. It shall be his duty to protect the same from unnecessary damage and loss, and keep said waterworks in good running order and repair, and he shall personally superintend and direct all work pertaining to the further extension of said waterworks system and all repairs upon the same of every kind and nature.

12-101.1. MANDATORY USE OF THE MUNICIPAL WATER SYSTEM.

Section 1. In the event the owner or occupant of any house or other structure in the City of Lisbon desires to connect such structure to a source of water, such structure shall be connected to the city water system if the city water main is located within 200 feet of the property line of such structure. No structure shall be disconnected from city water and reconnected to another source of water.

Section 2. Any person desiring to install a private well in the city 1) for lawn and garden purposes, 2) for ground water heating or cooling purposes (geothermal), 3) for commercial purposes, or 4) for supplying water to a structure located more than 200 feet from a city water main, shall make application to the City Auditor for a permit to install such well prior to installation. Permits shall be granted only with the approval of the City Council, after inspection by the Water Superintendent, and subject to any restrictions mandated by the City Council.

Section 3. No private well may be connected to any structure in the city in such a manner that water from a private well might be introduced into the city water system, nor shall water used for geothermal purposes be discharged into the city sewer system without express written permission from the Council.

Section 4. A violation of this ordinance shall constitute an infraction and is punishable by a fine of not to exceed $100.00 for each day the violation continues. In addition, the city shall be entitled to a court order or judgment requiring that the owner and/or occupant disconnect any water connection which violates this ordinance. (Ordinance 2000-5).

12-102. RULES AND REGULATIONS GOVERNING CONSUMER. Every consumer of water of the city waterworks shall be governed by and be subject to the following rules and regulations, and it is hereby made the duty of the superintendent of said waterworks and City Auditor of said waterworks to enforce the same.

1st No person or persons shall be permitted to tap or make any connection with the distributing pipes of the water of the City of Lisbon unless duly authorized by the superintendent thereof.

2nd Persons taking water from the water mains must pay the expense of making the connection and shall be charged the cost of the corporation and stop cock with iron shut-off box attached.

In all cases where the applications for connection are granted, the City will furnish the corporation cock and the superintendent will tap the water main and insert the same. All pipes from water main to the curb line adjoining property shall be under control of the City, the applicant waiving and releasing claim thereto. The service pipe, stock cocks, and other fixtures from the curb box to the meter shall be the property of the applicant or consumer, and shall be laid and attached, kept in repair, and protected from frost at the expense of the applicant or consumer, and the city will not be responsible for any neglect or default on the part of the consumer. (Ord 92-5)

3rd All persons taking water from the water mains of the city waterworks shall at all times be governed by Chapter XII, Revised Ordinances of 1984.

4th All applications for water must be made in writing to the City Auditor upon blanks furnished by the city for that purpose, and if the application as made by a tenant it must also be signed by the owner of the lands and premises occupied by such tenant upon which the water is to be used.

Application blanks must state the purpose for which water is required and applicants must answer without concealment all questions put to them by the City Auditor relating to water uses and in case of any fraudulent representation on the part of the applicant the deposit made by applicant for the minimum rate per quarter shall be forfeited and the supply of water shut off.

5th After an application for water has been made the City Auditor shall notify the superintendent of waterworks who shall forthwith turn on the water, and when so done shall approve said application. The City Auditor shall at once make a record of such application in a book kept by him for that purpose, and file the same in his office.

6th Every applicant for water supply shall express in his application that the same is taken subject to all rules and regulations then in force or that may hereafter be adopted for the government of the waterworks.

7th No addition to or alteration whatever of any tap, pipe, water cock, or other fixture shall be made or caused to be made by any person taking water except through a duly licensed plumber and a permit first obtained from the City Auditor.

8th Service pipes intended to supply two or more distant premises or tenants must be provided with separate and distinct stop cocks with shut-off boxes attached for each tenant on the outside of the same, or when only one stop cock is used the person or persons controlling the same must pay the water rents of the parties that are thus supplied as separate water meters will not be attached without such separate stop cocks.

9th No person shall supply other persons or families or suffer them to take water except the drinking water on the premises under a penalty of $10.00 for each and every offense and the person so taking it shall be liable to the same fine.

10th Hydrants, taps, hose, water closets, urinals, baths, and other fixtures will not be permitted to be kept running when not in use and it is hereby made a duty of the superintendent of waterworks to enforce this section and also notify any consumer of the unnecessary waste of water on their premises. Within forty-eight (48) hours after being notified by the superintendent that water is being wasted if the necessary repairs are not made, the superintendent shall forthwith shut off the water on the premises and before it shall be turned on the consumer shall pay the same fine as provided in rule 9.

11th It is hereby expressly provided that the city reserves the right to change the rate for the use of water from time to time, and at all times make such other restrictions, rules, and regulations as in the judgment of the City Council may be necessary.

12th Consumers of water shall at all reasonable hours permit the superintendent, City Auditor, or Council Committee on Water to enter their premises and examine the manner in which the water is used.

13th Water must be taken from the mains in such a manner as will occasion the least inconvenience to the public and provide for the passage of water along its gutters. Dirt replaced in the trenches must be well tamped to avoid accidents, and the street and sidewalk restored to as good condition as previous to excavation.

14th In case of making any repairs or constructing new work the city reserves the right to shut off the water at once and keep it shut off as long as may be necessary to accomplish such purpose by giving such reasonable notice thereof as shall be practicable to consumers who use steam boilers. In case of fire or alarm of fire during the hours in which sprinkling is done, any person then using water for sprinkling shall at once shut off the water and cease such sprinkling until it shall be ascertained that such fire has been extinguished or until it is known that the alarm was false; nor shall any person draw water for lawn or street sprinkling after an alarm of fire, until such fire is extinguished or until it is known that the alarm is false.

15th That the Mayor be and he is hereby authorized and empowered whenever in his judgment an emergency exists and the public interest and welfare demands an adequate supply for fire protection and to order all users and patrons of the city waterworks plant to curtail the use of water by them as in such proclamation ordered.

16th Such proclamation shall be filed in the office of the City Auditor and a copy delivered to the waterworks superintendent within twenty-four hours after issuance; and notice thereof shall be caused to be given either by general distribution at such public places in the town as will be likely to be generally seen or by publication in the official paper of the city.

17th The City of Lisbon hereby reserves the right to apply meters to any service pipe for the amount of water consumed.

18th Any person, firm, or corporation violating any or either of the foregoing rules shall forfeit all payments made by them in behalf of said water supply, and the supply shall be at once stopped without any preliminary notice.

19th Any person, firm, or corporation who shall willfully violate any or either of the foregoing rules or neglect to comply with any arrangement thereof shall be subject to a fine of not to exceed Five Hundred Dollars or by imprisonment in the city jail not to exceed the thirty days or by both such fine and imprisonment for each and every violation, refusal, or neglect.

20th Any person or other entity applying to connect to the City water system, or who is already connected but replaces the water pipes from their building to the curb stop, must install a backflow prevention device on the line, said device and its location to be approved by the Water Superintendent. (Ord. 2010-7)

12-103. WATER METERS: REQUIRED. All water services being supplied from the waterworks distribution system of the City of Lisbon shall be provided with a water meter of a kind, size, and type meeting the approval of the City Council of the City of Lisbon. It is further ordered that all future water services hereinafter installed shall be provided with a water meter as herein provided.

12-104. SAME: INSTALLATION OF BY WHOM, REGULATIONS GOVERNING. All meters must be procured from the Water Superintendent and installed under the supervision of some party or parties designated by the City Council, the cost of installation to be borne by the owner of the property upon which the meter is installed. The owners of property supplied with water services by the City shall procure their meter from the Water Superintendent, and upon securing said meter shall pay the Water Superintendent a sum equal to the purchase price of said meter. Ownership of the meter shall remain with the City at all times, and meters may not be removed from properties without permission of the Water Superintendent. Upon the installation of meters, they shall be sealed both at a register box and coupling, with a form of seal designated by the City Council, and these seals must not be broken except upon their authority. It shall also be unlawful for anyone to otherwise tamper with said meters without the express authority of the Water Superintendent. The residents of property upon which meters are installed will be held responsible for the breaking of the meter seals or other unauthorized tampering with said meters, and a fine of up to Two Hundred Dollars ($200.00) will be imposed upon the resident of any property where the seal or seals may be found to be broken or a meter has been otherwise tampered with. (Ord 2008-3)

12-105. SAME: NO ALLOWANCE MADE ON RATES FOR EXCESSIVE USE OR BY LEAKS OR WASTE. No allowance will be made on meter rates for excessive use occasioned by wholesale consumption or leaks or waste.

12-106. SAME: DAMAGING AND REPAIR OF, EXPENSE CHARGED TO WHOM. The resident of property upon which meter is installed will be held responsible for any willful or malicious damage sustained to meters; the owner will also be held responsible for any damage which meter may sustain through freezing or hot water backing up through the same, and must bear the cost of repairing meter where same becomes damaged through any of the causes as herein designated. All meters must be put in working condition within thirty days after notification to resident of property by Water Superintendent. The resident of property will bear cost of repairing meters where same is required, due to the wear and tear of ordinary service.

12-107. SAME: FAILURE TO REGISTER; OWNER TO NOTIFY WHOM. In case of breakage or stoppage of any meter whatever the owner or consumer is to notify the Water Superintendent immediately, and any repairs necessary will be made by him or under his supervision.

12-108. SAME: DISTURBING OR REMOVING OF PROHIBITED. Plumbers and other persons are prohibited from removing, disturbing, uncovering, or in any way exposing meters for the purpose of making repairs, thawing pipes, or any other purpose, whether owned by the City of Lisbon, or by the owners or consumers.

12-109. SAME: TO BE EXAMINED BY WHOM, COST OF REPAIRING. Meters shall be examined by a competent employee of the water department on request of the consumer when from the record of such meter it appears that the meter is not in order, or where there is evidence that the meter is out of order. In cases where meters have been broken on account of freezing or from some cause attributable to the consumer, the cost of repairs for such meters, together with the cost of repairing the same shall be paid by the consumer. (See also 12-106).

12-110. WATER RATES: ESTABLISHED. Water shall be furnished to all persons, firms, and corporations upon like terms, conditions, and rates. The rates shall be fixed and established by a Resolution of the City Council, and may be changed by Resolution at any regular or special meeting of the City Council. A schedule of said water rates shall at all times be filed in the office of the City Auditor and be available for public inspection during normal business hours.

There shall be a surcharge for each residential account user of water, in an amount set by a Resolution of the City Council, to be used for purposes of permanent improvements and repair, effective and applicable to the water billings for March of 2010 and thereafter.

There shall be a surcharge for each small business account user of water, in an amount set by Resolution of the City Council, to be used for purposes of permanent improvements and repair, effective and applicable to the water billings for March 2010 and thereafter. Small business account users are defined as those business account users who used less than 24,000 cubic feet of water during the previous calendar year.

There shall be a surcharge for each large business account user of water, in an amount set by Resolution of the City Council, plus a set monthly charge which is based upon the average monthly number of cubic feet of water used by the large business account user the previous calendar year, to be used for purposes of permanent improvements and repair, effective and applicable to the water billings for March 2010 and thereafter. The monthly charge will be as set forth on a schedule at the office of the City Auditor, which will be adjusted each year in January by Resolution of the City Council.

Large business account users are those who used more than 24,000 cubic feet of water during the previous calendar year.

There shall be a surcharge for each apartment building account user of water, in an amount set by Resolution of City Council, to be used for purposes of permanent improvements and repair, effective and applicable to the water billings for March of 2010 and thereafter. (Ordinance No. 2016-3)

12-111. WATER RENTS AND CONNECTION FEES.

Water rents shall become due and payable monthly on the first day of each month, and shall become delinquent on the 1st day of the following month. If water rents are not paid on or before the first day of the month following their delinquency, the City Auditor shall furnish the Water Superintendent with a list of all delinquents and the amount they are owing, and the Water Superintendent shall make immediate demand for the payment of the same, and if not paid, he shall immediately turn off the water of such delinquent user. The application of any delinquent water user to have water turned on must be accompanied by receipts of the City Auditor showing payment of all delinquent amounts, and a reconnection fee as set by the City Council to defray the expense of turning on the water as mentioned in paragraph 3 below.

Persons wishing to discontinue the use of water in the city must give written notice thereof at the office of the City Auditor upon blanks provided for that purpose, and pay any water rents due as shown by the reading of their water meter. If the water service to a property is only temporary discontinued, all monthly water and sewer maintenance and assessment fees, and all garbage and recycling fees, shall continue to accrue and be payable by the owner during the time that the water service is discontinued.

Persons wishing to commence or re-establish the use of water in the City, must, prior to having the water turned on, give written notice thereof at the office of the City Auditor upon blanks provided for that purpose, pay any water rents due as shown by past readings of the water meter at said place, and, if a city employee turns on said water, pay a reconnection fee as set by the City Council.

All meters in use shall be read by the Water Superintendent between the 10^th and 20^th day of each month of each year, and he shall report the readings of said meters to the City Auditor who shall render bills for the amount due on the first of each month following. If the Water Superintendent is unable to read any meters for any reason, then an estimated billing shall be sent to the owners of those meters.

Water rents not paid by the 10^th of the month billed shall incur a charge of 10% of the amount billed.

(Ordinance No. 2016-1).

12-112. SAME: FIXED BY WHOM. The Water Commissioner, together with the Mayor, and Waterworks Committee, shall constitute a water commission, whose duty it shall be to fix the rates of all fines, penalties, and forfeitures provided for under the terms of this chapter and not herein definitely stated, and shall fix or interpret the rates to be paid for the use of water where the term of the foregoing schedule shall seem in their opinion to be indefinite or to conflict.

12-113. SAME: APPLICATIONS FOR CORRECTIONS OF, MUST BE MADE WHEN. Applications for corrections of rates on account of diminished use of water must be made at least ten (10) days previous to the expiration of the time for which payment has been made.

12-114. PAYMENT, OWNER LIABLE. The owners of all real property within the City of Lisbon shall be responsible for all water used or consumed on lands and premises owned by them whether occupied in person or by tenant, and shall be liable for the payment of the value of water used or consumed on such lands and premises owned by them. Upon request of the owner or owners the Auditor will bill the occupant or tenant for such charges, but the owner or owners will remain liable for the payment of all unpaid water bills for water consumed on the premises, including penalties. All unpaid water bills may be assessed against the property benefited and added to the county tax rolls.

12-115. BOOKS, RECORDS, BILLS, DUTY OF CITY AUDITOR. It shall be the duty of the City Auditor to have charge of all books and records of the waterworks of the City of Lisbon and to keep an accurate account of all things pertaining to the same and to mail out to the consumer all bills for water rents due and such water rents shall be paid by the consumer to the City Auditor who shall issue receipts therefore upon request.

12-116. DELINQUENT LIST AUDITOR TO FURNISH SUPERINTENDENT, WHEN. The City Auditor shall credit the water rents and sale of water and charge expenditures to such fund and furnish the superintendent of waterworks with a list of delinquent water users for collection from time to time as the necessity arises.

12-117. METERS, DUTY OF THOSE INSTALLING. All plumbers and other persons including Water Superintendent installing meters shall report to the City Auditor the reading of the meter installed on a blank furnished by the city for that purpose and no plumber or other person including Water Superintendent shall turn on or off the city water from any lands or premises without immediately reporting such action to the City Auditor on blanks furnished by the city for that purpose.

12-118. SERVICE CHARGES, WHO LIABLE. All owners of lands and premises now occupied by a tenant or that may hereafter be occupied by a tenant shall become chargeable and liable for all service charges for water used and consumed upon lands and premises owned by them and occupied by a tenant or otherwise, and for all necessary repairs to meters on said premises, whether installed and owned by tenant or otherwise.

All billings for water used and consumed, and for all necessary repairs and other charges related thereto, shall be in the name and address of an owner of the land and premises to which service is provided. (Ordinance No. 2013-2).

12-119. HYDRANTS, PROTECTION, PENALTY. All hydrants located in the City of Lisbon for the purpose of extinguishing fires in said city are hereby declared public hydrants and no person or persons other than members of the fire department of said city for the uses and purposes of said city for the uses and purposes of said department and those especially authorized by the superintendent of waterworks shall open any of said hydrants or attempt to draw water from the same or in any manner interfere with or injure any of said hydrants. Any person violating the provisions of this section shall be subject to the penalty provided in Section 12-501.

12-120 WATER TURNED ON WITHOUT PERMIT, PENALTY. Any person who shall turn on or cause to be turned on the supply of water to any premises from which the supply of water has been for any cause turned off by the city without first having obtained a permit so to do from the City Auditor shall be subject to the penalty provided in Section 12-501.

12-121. OBSTRUCTING HYDRANT, ETC., PENALTY. Whoever shall in any manner obstruct the access to any stop cock, hydrant, or valve connected with any street or alley of said city by means of any timber, brick, building material, or other article, thing, or hindrance whatever shall be subject to the penalty provided in section 12-501.

12-122. PLUMBING WITHOUT LICENSE, PENALTY. Any person who shall lay any water service pipes or introduce into or about any building on any grounds any water pipes or do any plumbing work in any building or any grounds for the purpose of connecting such pipes or plumbing with the pipes of the city waterworks of Lisbon, or preparing them for connections with the view of having such premises supplied with water by said waterworks, or who shall make any additions to or alterations of any water pipe, bath, water closet, stop cock, or other fixtures or apparatus for the supplying of any premises with water without being duly licensed to perform such work by the City of Lisbon, and without having first obtained a permit for doing such work from the City Auditor, shall be subject to the penalty provided in Section 12-501.

12-123. HYDRANTS, TAKING WATER FROM PROHIBITED UNLESS PERMISSION IS OBTAINED FROM CITY AUDITOR. No water can be taken from any free or public hydrant or water trough, except for domestic uses and no person shall be allowed to take any water in tubs, barrels, wheelbarrows, tanks, carts, or otherwise from any free or public hydrant and watering trough, to be used in any manner of business, for mechanical purposes, supply steam engines and boilers, or any like use, without paying the regular and established rates therefore at the office of the City Auditor, and obtaining written permission from said officer for such purposes and uses of the water.

12-124. EXCAVATIONS, REGULATIONS GOVERNING. No excavation in any street or public place shall be left open at night, but if it becomes necessary the Water Superintendent must maintain suitable barriers and signals of warning during the night.

12-125. NON-LIABILITY OF CITY FOR DAMAGE TO SERVICE PIPE, ETC., WHEN. The city reserves the right at any time to shut off the water on the main pipe for the purpose of repairing the same, making connections or extensions to the same, or for the purpose of cleaning the same. It is expressly understood that no claim shall be made against the City by reason of the breaking of the service pipe or service stop cock or from any damage arising from shutting off the supply of water for repairing, laying, or relaying main, hydrants, or other connections. It is hereby made the duty of the Water Superintendent to give such reasonable notice as shall be practical.

12-126. ENFORCEMENT OF ARTICLE. It shall be the duty of the Superintendent of Waterworks and Sewerage and Chief of the Fire Department and all persons in the employ of the City, having police power, to enforce this article by making prompt complaint before the Municipal Judge against all persons violating said article.

ARTICLE II.

CONSTRUCTION AND REGULATION OF SEWERS

12-201. HOUSE DRAINAGE. Subject to the direction and control of the City Council of the City of Lisbon, North Dakota, the construction, care and management of all house drainage and appurtenances pertaining thereto shall be under the supervision of the board of health of said city.

12-202. CONNECTION WITH SEWER, HOW MADE, APPLICATION. It shall be unlawful for any person, company or corporation to make any connection with any public sewer in said City of Lisbon unless duly authorized in writing so to do by the City Auditor. Any person, company, or corporation desiring to make connection with the public sewers of said City must apply to the Auditor who will furnish a blank that when properly filled out by the applicant must give a clear description of the premises to be drained and of the drains required and their location and such other information necessary that the board of health may act intelligently in the case if required to examine the premises so drained. The City Auditor shall issue the permit to make the connection applied for in accordance with the terms of the Articles of said City Codes, touching such matters, provided the premises for which such application is made are entitled to be connected with the sewer named in the application; provided further, that the applicant shall present to the City Auditor the approval of the health officer of the sewerage and plumbing in the building designed to be drained into the public sewer by means of the connection asked for.

12-203. MAKING CONNECTION, SUPERINTENDENT OF SEWAGE’S DUTY. After the permit is granted the plumber who is to make the connection asked for shall notify the Superintendent of Sewerage or other authorized officer of said permit and said engineer or other authorized person shall locate the “Y” or place for the connection and superintend the connection and see that it is properly made and no injury done to the public sewer.

12-204. REGULATIONS, CONNECTIONS. The construction of all connections and drains to public sewers in the City of Lisbon shall be subject to the following conditions and regulations:

No person except a master or journeyman plumber, duly licensed by the State Board of Plumbers will be allowed to do any plumbing for house drainage in or about any building in said city.

No person except a master or journeyman licensed plumber duly licensed by the State Board of Plumbers will be allowed to lay any drains for the purpose of draining buildings in said city or making any connection with any sewer or do any plumbing in any building so connected.

2.5 Persons requesting connections with the City sewer system must pay the expense of having the connection made, including all materials and services related thereto. The City Council may set the fees to be charged for sewer connections by resolution at any regular meeting.

Main Soil pipes shall be of iron and waste pipes and their branches shall be of iron or lead. No wood spouts or sheet metal pipes shall be used for carrying off sewerage.

No house or building drain shall be less than four (4) inches or more than six (6) inches in diameter.

Connection shall be made with the public sewers through drain pipes of cement or earthen ware, and pipes laid into cellars shall be of iron or lead, and wiped joints made water tight. No tile drains will be allowed in cellars or under houses for sewer purposes.

In all iron and earthen ware pipes, changes in direction shall be made with curved and “Y” pipes, and connections with horizontal pipes shall be made with “Y’ branches.

Every house or building drain shall be trapped with a running trap of the same size and materials as the drain, and if within the building, the trap shall be provided with a hand-hole for cleaning. No connection shall be made with the drain on the street side of the trap.

A proper grease-trap and catch-basin shall be provided for all hotels, restaurants, boarding houses, eating houses, or other public houses, butcher shops, lard-rendering establishments, and all other places where the sewer committee or board of health shall require.

Every wash basin, bathtub, sink, urinal, water closet, or other fixture shall be separately trapped as close to the fixture as possible and be prevented; water sealing traps shall be used when separate air-pipe connections are provided. When such connections are not provided, traps shall be so arranged with air vents that one fixture will not siphon another fixture.

Drip or overflow pipes shall not be connected directly with a drain ripe, water or soil pipe, unless trapped.

There shall be an inlet for fresh air entering the house or building drain just inside the trap of at least three (3) inches in diameter, leading to the outer air, and opening at any suitable place not near a door, window or cold air inlet to a furnace. All soil pipes and all waste pipes not connected with ventilated soil pipes shall be extended full size above the roof without bend or cowl, and shall not open near a window or air shaft for ventilating the building.

Rain water conductors running to cisterns shall not be connected with the house or building drain outside of the main trap, nor be used as soil, waste, or ventilation pipes be used as rain conductors.

All storm water, rain water, ground water, and sump hole water shall not be connected nor drained into the sanitary sewer system of the City, but shall be deposited in the storm water drains of the City of Lisbon. (Ordinance No. 2013-3).

All parts and points pertaining to house drainage not herein specified shall be subject to the supervision and care of the board of health and any plumbing found to be improperly done to the detriment of health shall be replaced and made to conform to the requirements of this article at the expense of the plumber doing such work. The board of health also may make such rules as is necessary to carry out the intent of this article, said rules not conflicting hereto, will be subject to the provisions and penalties the same as if inserted in this article.

12-205. CESSPOOL, PRIVY. No connection from any cesspool or privy vault shall be made with any sewer.

12-206. STEAM ENGINE EXHAUSTS. All exhaust from steam engines and all blow-offs from steam boilers shall be first connected with the proper catch-basin and in no case shall they be allowed to connect directly with the private or public sewers.

12-207. REFUSE IN SEWERS. The depositing, dumping, placing, draining, pouring, or throwing or permitting such depositing, dumping, placing, draining, pouring, or throwing of any oil, gasoline, kerosene, fuel oil, or like substances, or any butcher’s offal, garbage, dead animals, or obstructions of any kind to be deposited, dumped, placed, drained, poured, or thrown in any receiving basin, manhole, sewer, or to place any such substances so that they might drain or he deposited into any such receiving basin, manhole, or sewer or in any drain or connection with a sewer constructed, maintained, and operated as a part of the sewer system of the City of Lisbon, is hereby prohibited, and any person, company, or corporation violating the provisions of this section shall be liable upon conviction to be fined not more than Five Hundred Dollars ($500.00) for each offense, or by being imprisoned for thirty (30) days in the county jail, or by both such fine and imprisonment.

12-208. PERMIT. PENALTY FOR MAKING CONNECTIONS WITHOUT ONE. Any person making any connection with or opening into any public sewer of said city without first having obtained a permit as in this ordinance provided or making the same in any manner different from the mode in this chapter prescribed shall be subject to a penalty of not more than Fifty Dollars ($50.00) for each offense, and a like penalty for each day such offender shall continue thereafter to use any such sewer connection or opening.

12-209. INJURIES PROHIBITED. No person shall willfully and unlawfully disturb, dig-up, or injure any public drain sewer, man-hole or catch-basin or appurtenance thereto.

12-210. COMPELLING MAKING CONNECTIONS. Whenever, in the discretion of the City Council or board of health of the City of Lisbon the sanitary conditions require it, the owners of property shall make private drain connections with any public sewer now constructed or which may be hereafter constructed. Said City Council or board of health shall direct the City Auditor to give ten days’ notice in writing to the owners of such property that such owners of such property shall be required to make such connections with such public sewers under the provisions of this article, and all persons who fail to comply with the requirements of such notice within twenty days after the said notice is served upon him or them shall be subject to a penalty of not more than twenty dollars, and to a like penalty for each and every day thereafter that he or they fail to comply with said notice.

12-211. WATER FLOW REQUIRED. Every person or property owner using the public sewers of the City of Lisbon shall provide such fixtures as will allow a sufficient quantity of water to flow in to the lateral drain or private sewer, and shall keep such lateral or private sewer at all times unobstructed.

ARTICLE III.

SEWAGE RATES AND REGULATIONS

12-301. SEWAGE: DISPOSAL. All sewage within the City of Lisbon shall be emptied into sewers connecting with sewer mains and/or collectors sewers of the Sewage Disposal Plant.

12-302. SEWAGE RATES: ESTABLISHED. Sewage service shall be furnished to all persons, firms, and corporations upon like rates, terms, and conditions. The rates shall be based upon water consumption of the user. The rates shall be fixed and established by a Resolution of the City Council and may be changed by Resolution at any regular or special meeting of the City Council.

The rate schedule shall be kept on file at the office of the City Auditor. The rate schedule may be inspected there by any city resident during normal business hours. (Ordinance No. 2016-4)

12-303. OWNER LIABLE FOR PAYMENT. The owners of all real property within the City of Lisbon shall be responsible for all charges and sums due the City of Lisbon by reason of such connection with and service of the Sewage Disposal Plant, whether such property is occupied in person or by tenant, and shall be liable for and chargeable with such service charges. Upon request of the owner or owners the auditor will bill the occupant or tenant for such charges, but the owner or owners will remain liable for the payment if all unpaid bills for sewage, including penalties. All unpaid sewage bills may be assessed against the property benefited and added to the county tax rolls.

12-304. SERVICE CHARGES DUE WHEN. Sewage service charges herein provided for shall become due and payable monthly on the first day of each month, and shall become delinquent on the 1st day of the following month. If sewage service charges are not paid on or before the first day of the month following their delinquency, the City Auditor shall furnish the Superintendent of Sewerage with a list of all delinquents and the amount they are owing, and the Superintendent shall make immediate demand for the payment of the same, and if not paid, he shall immediately turn off the water of such delinquent user and report the same to the City Auditor forthwith. The application of any delinquent sewerage user to have water turned on must be accompanied by receipts of the City Auditor showing payment of all delinquent amounts, and a reconnection fee as set by the City Council. Sewer charges not paid by the 10th of the month billed shall incur a charge of 10% of the amount billed. (Ordinance No. 2016-2)

12-305. DISCONTINUING USE. Persons wishing to discontinue the use of the Sewage Disposal Plant must give written notice thereof at the office of the City Auditor upon blanks provided for that purpose and pay all service charges up to date of discontinuing such use.

12-306. MEASURING WATER. Each user of the Sewage Disposal Plant must use some method of measuring all water used on the premises where such sewer connection is, by cubic feet, approved by the Superintendent of Sewerage.

12-307. PROVISIONS APPLICABLE. All provisions of Chapter XII of these Revised Ordinances applicable thereto shall be applied to and govern the connecting to and use of sewers, sewer mains, and collector sewers and Sewage Disposal Plant.

12-308. FUNDS. All funds received from service charges herein provided for shall be kept separate from all other funds of the City in what is known as the Sewage Disposal Reserve Fund and all expenses including the Superintendent’s salary in connection with the management and operation of the said Sewage Disposal Plant shall be paid from such fund.

12-309. MANAGEMENT, WHO IN CHARGE, DUTIES. It shall be the duty if the Superintendent of Sewerage to take and have charge of the management of the Sewage Disposal Plant and any and all property pertaining thereto. It shall be his duty to protect the same from unnecessary damage or loss and keep the same in good running order and repair; he shall personally superintend and direct all work pertaining to the further extension of said sewer system and all repairs upon the same and shall make monthly reports to the City Council, or oftener if required, of all matters as will at all times show the true condition and state of his office and the property in his care and custody, and he shall perform such other duties as shall be required of him by the committee of the City Council under whose charge he shall be, namely the Committee on Water, Sewage, Fire, and Lighting.

12-310. SUPPLIES, PURCHASING. Said superintendent shall make the necessary purchases of material and supplies for use in his department upon order of the Committee on Water, Sewage, Fire, and Lighting or of the City Council.

12-311. BOOKS, RECORDS, BILLS, DUTY OF CITY AUDITOR. It shall be the duty of the City Auditor to have charge of all books and records of the Sewage Disposal Plant of the City of Lisbon and to keep an accurate account of all matters pertaining to the same and to mail out to the users all bills for service charges, and such service charges shall be paid by the user to the City Auditor who shall issue receipts therefore upon request.

12-312. DUTIES OF ASSISTANT SUPERINTENDENT OF SEWERAGE. The duties imposed by this article upon the Superintendent of Sewerage are likewise imposed upon the assistant Superintendent of Sewerage, whose duty it is to cooperate with and assist the Superintendent of Sewerage in the performance of his duties as imposed by this article.

ARTICLE IV

REGULATING PLUMBING

12-401. STATE PLUMBING CODE ADOPTED AS STANDARD. The installation of, repair of, and extension to, all plumbing within the City of Lisbon shall be regulated in accordance with the minimum standards as set forth in the State Plumbing Code of the state Plumbing Board of the State of North Dakota, a certified copy of which shall be placed on file in the office of the City Auditor.

12-402. PLUMBING WORK RESTRICTED TO PLUMBERS LICENSED BY STATE. No person, firm, or corporation shall be permitted to engage in the work of a master plumber or a journeyman plumber unless registered and licensed to do so by the State Board of Plumbers. No person, firm, or corporation shall engage in the business of installing, plumbing, or install plumbing materials and supplies unless at all times a registered and licensed master plumber, who shall be responsible for the installation thereof, is in charge of the plumbing work of such person, firm, or corporation.

12-403. PERMIT REQUIRED, APPLICATION. Every licensed plumber before engaging in the installation, alteration, or extension of any plumbing or the connecting of any house sewer with the sewer system of the city shall make application to the City Auditor on appropriate blanks furnished by him for a permit therefore. Such application shall contain a statement of the kind and number of fixtures to be installed, the location of such fixtures, and such other information as the inspector may require.

12-404. PERMIT FEE. The minimum fee of One Dollar ($1.00) shall be charged for each permit issued for the installation of six fixtures or less. For each fixture over six in number, an additional fee of ten cents will be added.

12-405. PLUMBING INSPECTOR, APPOINTMENT OF. The office of plumbing inspector is hereby created for the purpose of enforcing this act. The inspector shall be a person competent to judge on matters regarding the interpretation of the codes and shall be charged with the enforcement thereof. He shall be appointed by the Mayor, with the approval of the City Council.

12-406. PIPE MATERIAL. All service pipe placed in connection with the waterworks shall be of lead or of type “k” of underground copper, and must be laid at least eight feet below the surface of the earth; and the lead pipe must be known as “extra strong” and laid sufficiently waving to allow an extra length of at least one foot, and laid in such a manner as to prevent rupture by settlement, and all pipe wiped with heavy joints into brass connections. All lead pipe used for interior plumbing shall be of the same class known as “extra strong” and no lead pipe of lighter weight than this shall under any circumstances be used in connection with the waterworks, and the weight per lineal foot for various diameters shall be as follows:

Diameter of Pipe Weight per Foot

1/2 inch 2 pounds 7 ounces

5/8 inch 3 pounds

3/4 inch 3 pounds 10 ounces

1 inch 4 pounds 12 ounces

1 3/4 inch 6 pounds

At point of connection with street main, lead or type “k” copper pipe must be used between the corporation cock and the stop cock. In all cases a brass coupling must be used for connecting the lead pipes.

12-407. STOP COCKS. There shall be stop cock attached to every supply pipe where it enters the building, and be so arranged as to admit of the water being shut off instantly in case of repairs or in frosty weather. There shall also be a stop cock placed in every attachment or branch leading to different sections, departments, or rooms, and shall be so arranged that the water can be readily cut off from any one section or room without interfering with the supply of water in other room or apartment of the same block or building, said stop cock shall be placed in all instances, not more than one foot from the main supply pipe in the building, or from any main service or branch pipe extending to different apartments or rooms in the building, and shall be left in a position so as to be readily accessible at all times.

When more than one party is, by permission, allowed to make connection with and take water from any service pipe on any premises or lot, there shall also in all instances be a stop cock placed in each branch at a distance of two feet from the main service pipe; and there shall be an adjustable iron shut-off box attached to each stop cock, which shall reach to the surface of the ground, and such stop cock and all work connected therewith shall be approved by the Superintendent of Waterworks.

All stop cocks used in connection with the waterworks shall be made of good brass with inverted key, with flanged coupling, and have a full-sized round way and a strong suitable head.

12-408. EXCAVATIONS. The street must be opened in the manner which will occasion the least inconvenience to the public. No excavations in any public place must be left open overnight unless guarded properly with lights, and every precaution must be taken to ensure public safety.

In refilling the trench, the earth must be put back and thoroughly tamped. The sidewalks must be restored to as good a condition as previous to making excavation and all dirt and rubbish must be removed immediately after the completion of the work. Should an excavation in a street, alley, or highway, or any private property be left open or unfinished for the space of twenty-four hours, or should the work be improperly done or the rubbish not be removed, the Superintendent shall have a right to finish or correct the work, and the expense thus incurred shall be charged to the plumber whose work is thus finished and corrected, and shall be paid by said plumber previous tot his receiving another permit.

12-409. MATERIALS, STRENGTH, INSPECTION. Stop cocks, and all other appurtenances must be sufficiently strong to resist the pressure and force of the water.

All plumbing work whether outside or in the interior of any building or upon any ground or property shall be done in the manner required by the Superintendent, and shall at all times be subject to his inspection and approval, and the quality and pattern of all appurtenances shall also be subject to his approval, and no work underground or within any building shall be hidden from view or covered up until notice of the completion of the work shall have been given to the Superintendent and said work has been by him examined and approved.

All hand basins placed over sinks together with all urinals and water closets wherever situated shall be operated with self-closing valve.

12-410. REPAIRS, PERMIT, INSTALLING HYDRANTS. Whenever new attachments are to be made in place of old ones or any change or extension in the water service is required, permit must be obtained in the usual manner.

No more than one house or premises shall be supplied from one line of service pipe or hydrant without a special permit in writing from the City Auditor and Superintendent.

All hydrants and street washers must be set at least eight feet in the ground, and have a good and sufficient drip, and well secured with rubble so as to allow a free discharge of water from the bottom of the hydrant.

12-411. INSPECTION OF PLUMBING. Any plumber who shall perform any work under said permit when such work has been completed shall in no instance leave the water turned on. The Superintendent shall personally inspect such work after being duly notified by the City Auditor that said permit has been filed by said plumber, and if the work has been performed satisfactorily to him, he shall then approve said permit, which shall be filed by the City Auditor in his office for record. For any misrepresentation or omission in these returns the plumber shall be liable to suspension or forfeiture of license.

ARTICLE V

PENALTY

12-501. PENALTY FOR VIOLATION OF CHAPTER. Any person, firm, or corporation violating any of the terms or provisions of this chapter shall upon conviction be punished except where otherwise specifically provided herein, as provided in Section 20-101. (Ordinance 2000-1).