4.1. ERMUSR 12-17-2019 - Laserfiche WebLink

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- CODE OF ORDINANCES Chapter 78 - UTILITIES ARTICLE II. - WATER SYSTEM DIVISION 3. DISCONTINUANCE OF SERVICE Sec. 78-32. Shut-off procedures. (a) Nonemergency shut-offs. Water shut-offs shall be done by ERMU personnel or by contractors engaged by ERMU. Water will always be shut off at the street unless the stop-valve cannot be located. ERMU shall have the right to take reasonable measures, including the excavation and removal of existing landscaping, driveways, sidewalks and other improvements as necessary, to locate the stop-valve. If the stop-off valve cannot be located, written notice of the date that ERMU needs access to the property to shut off water will be posted on the property and mailed to the account holder and any lender(s) that can be identified. On the date that water is to be shut off, the Elk River Police Department shall accompany ERMU personnel to the property. If the property is not vacant, the police will advise the occupant to allow ERMU personnel to enter the property to shut off water. If the property is vacant, a locksmith will be brought along to gain entry to the property and Elk River Police Department will accompany ERMU into the property to shut off the water. (b) Emergency shut-offs. ERMU shall have the right to make an emergency shut-off if there is visible or other evidence that water is running and the property is either vacant or there is no response from the occupant; if ERMU receives notice that electric or gas has been shut off to a property between October 15 and April 15 and the property is either vacant or there is no response from the occupant; or if ERMU determines, upon inspection, that a property is vacant and that there is a danger of the water service freezing. ERMU personnel shall attempt to give notice to the owner or occupant prior to an emergency shut-off. Water will be shut off immediately from the stop-valve in the street if the stop-valve can be located. If the stop-off valve cannot be located and the property needs to be entered to shut off the water, ERMU personnel will contact the Elk River Police Department for assistance in entering the property and ERMU will attempt to get a locksmith to enter the property. If it is necessary to force entry, ERMU personnel will do so only with the Elk River Police Department's assistance. Neither ERMU, nor the City of Elk River, nor any employee or contractor employed by ERMU or the city, shall be liable to the property owner or other person or entity for any damage to the property as a result of the need to force entry into the property. A notice will be mailed and posted on any property where water has been shut off without prior written notice advising that the owner or occupant may request a post shut-off hearing to contest the shut-off. The post shut-off hearing will follow the procedures set forth in subsection78-31(c). (Ord. No. 09-02, § 1, 3-2-2009) Sec. 78-33. Recovery of costs for shut-offs. ERMU shall recover its costs for water shut-offs. If water is shut off from the stop-valve in the street, there shall be a $100.00 shut-off fee which must be paid before service will be restored. There will be no additional fee to restore water service if service can be restored from the stop-valve. If it is necessary to excavate to search for the stop-valve, there shall be added to the $100.00 shut-off fee an amount equal to ERMU's total costs to locate and excavate the stop-valve, including appropriate charges for the use of ERMU equipment and personnel and/or all costs for third party contractors. If it is necessary to enter a property to shut off the water, there shall be added to the $100.00 shut-off fee an amount equal to ERMU's total costs to shut off the water, including appropriate charges for the use of ERMU equipment and personnel and/or all costs for third party contractors. In situations where a break in a water service line between the street and the water meter serving a property has resulted in significant loss of water, ERMU shall charge the property for the estimated amount of water lost. All shut-off fees and related costs charged to a property which remain unpaid for 30 days may be certified by the city clerk to the county for collection with real estate taxes. Elk River, Minnesota, Code of Ordinances Page 2 380