Sec. 42-1. - Purpose.

This chapter provides for the operation, regulation and protection of the Newport News Waterworks System. The Department of Public Utilities of the City of Newport News shall administer, implement, and enforce the provisions of this chapter, and the director shall have the authority to promulgate policies, rules and regulations governing the waterworks system.

(Ord. No. 6233-06, § 1)

Sec. 42-2. - Definitions.

The following words and terms used in this chapter shall have the following meanings:

Consumer. A person or business that uses water provided by the waterworks system.

Customer. A person or business that makes application for and may use water provided by the waterworks system, and that is responsible for payment of the bill.

Department. The Department of Public Utilities of the City of Newport News.

Director. The Director of the Department of Public Utilities of the City of Newport News or his designated representative.

Newport News Waterworks System or waterworks system. Any portion of the water system owned by the City of Newport News and operated by the department of public utilities.

Water service. Can mean either the provision of drinking water to a customer or consumer, or the pipeline through which water flows from the water main through the meter.

(Ord. No. 6233-06, § 1)

Sec. 42-3. - City to authorize tap and approve and control service pipe and meter.

The tapping of a water main may be authorized by the city. City water service pipes and meters shall be approved and controlled by the city.

(Ord. No. 6233-06, § 1; Ord. No. 6805-11, § 1)

Editor's note—

Ord. No. 6805-11 shall be in effect on and after July 1, 2011.

Sec. 42-4. - Unauthorized persons tapping, drilling into or cutting water mains or pipes.

It shall be unlawful for any person, other than a duly authorized employee or agent of the city, or approved contractor, to tap, drill into or cut any water main or pipe of the waterworks system. Agents of the city and contractors shall be approved by the director.

(Ord. No. 6233-06, § 1)

Sec. 42-5. - Unauthorized disconnection of pipe, moving or disturbing meter, etc.

It shall be unlawful for any unauthorized person to disconnect a water pipe, move or disturb a water meter, or turn on or off the water at any water service of the waterworks system.

(Ord. No. 6233-06, § 1)

Sec. 42-6. - City not responsible for damage caused by defective plumbing; consumers deemed to accept conditions of pressure and water service, etc.

(a)

The city shall not be liable for any damage to persons or property caused by defective plumbing or open outlets when water is turned on at the request of the customer or his agent.

(b)

All customers and consumers of water service shall be required to accept and by such acceptance shall be deemed to have consented to such conditions of pressure and service as are provided by the city's distribution system at the location served and to waive all claims against the city for any damages arising out of low pressure or high pressure conditions, interruptions of service, or quality of water.

(Ord. No. 6233-06, § 1)

Sec. 42-7. - City not responsible for damage caused by use of water or by pipes and appurtenances not owned and maintained by the city or by failure to deliver water.

The city shall not be liable for any damage to persons or property caused in any manner by the use of water by the customer or consumer; nor by water from any pipe or appurtenance not owned and maintained by the city; nor shall it be liable for any damages resulting from its failure to deliver water for any length of time.

(Ord. No. 6233-06, § 1; Ord. No. 6805-11, § 1)

Editor's note—

Ord. No. 6805-11 shall be in effect on and after July 1, 2011.

Sec. 42-8. - Each house or dwelling unit to have separate service.

(a)

On and after May 1, 2006, for residential buildings, no application for water service shall be approved for more than one (1) dwelling unit to be served from one (1) meter. For the purposes of this section, a dwelling unit includes individual condominium units and other units providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, cooking, eating and sanitation with exception of apartment units under one (1) roof with multiple dwelling units. The apartment building (units within one (1) building structure) may be served from one (1) meter. Connection of apartment buildings via breezeway or similar type structures shall not be considered as one (1) apartment building. All conversions from apartment units to condominiums (individually owned residential units) subsequent to initial application, will require provision of one (1) meter per dwelling unit.

(b)

Approval from the director is required to provide fewer meters than is stipulated in section (a) if it can be shown that separate meter service for each dwelling unit or building is not practically feasible. Approval of reduction in number of meters shall be at the sole discretion of the director.

(Ord. No. 6233-06, § 1)

Sec. 42-9. - Space adjacent to meter, valve box, hydrant or detector check to be free of obstructions.

Each customer and consumer of city water shall be responsible for keeping the space adjacent to the water meter, valve box, hydrant and fire sprinkler service connection serving the property free and clear of all obstructions which may in any way interfere with the free access to same by city employees. Failure to do so shall constitute authorization for the department, after notice in writing to clear any such obstruction within seven (7) calendar days of such notice, to clear such obstruction and charge the cost thereof to the customer or consumer.

(Ord. No. 6233-06, § 1)

Sec. 42-10. - Unauthorized use of water.

(a)

It shall be unlawful for any unauthorized person to draw water from any water service, fire hydrant, blow off, main, valve or any other facility of the waterworks system, without first arranging with the department for same and paying all applicable charges pertaining thereto. This section shall not apply to the use of water for the legitimate purpose of extinguishing fires.

(b)

The city reserves the right to confiscate any attachments found on any appurtenance, hydrant or water service of the waterworks system.

(Ord. No. 6233-06, § 1)

Sec. 42-11. - Supplying water to other premises.

No person shall extend any pipe or use any hose, device or attachment to supply water to any other premises. Water service may be discontinued to the service address by the city for violation of this section.

(Ord. No. 6233-06, § 1)

Sec. 42-12. - Moving of water service, generally.

Should it be necessary to move a water service on account of construction of a driveway or sidewalk, or should the owner request moving a water service for any reason, the work shall be done by the department or an authorized agent at the expense of the owner.

(Ord. No. 6233-06, § 1)

Sec. 42-13. - Shutting off water for repairs, connections, etc.

(a)

The city reserves the right to shut off the water in the mains and water services at any time, for the purpose of repairing or making connections or extensions, or for any other purpose that may be deemed necessary. If practicable, due notice will be given; but if emergencies arise when it is impracticable to give such notice, due to bursting of the main or other unforeseen causes, the city shall not be liable for any damage to persons or property caused thereby.

(b)

The city permits licensed plumbers, on behalf of the customer, to shut off water at the meter for repairs or similar activities for the customer.

(Ord. No. 6233-06, § 1)

Sec. 42-14. - Field service fee for turning water on or off at request of customer after hours.

Upon request, water may be turned on or off by the department between the hours of 8:00 a.m. and 5:00 p.m. during regular work days. A field service fee may be charged for turning water on or off at any other time, pursuant to section 42-32.

(Ord. No. 6233-06, § 1)

Sec. 42-15. - Stopping service through cut off or removal of water meter, generally.

(a)

Water service may be stopped through cut off or removal of the water meter by the city for any of the following reasons, until the defects or defaults have been corrected:

(1)

For willful waste of water through improper or imperfect pipes, fixtures, or otherwise.

(2)

For the use of water through fire sprinkler service for any other purpose than fire protection.

(3)

In case of vacancy of the premises.

(4)

For nonpayment for water service or other fees accrued or accruing pursuant to this chapter.

(5)

For violation or noncompliance with any state health department regulation.

(6)

For blocking a water meter in a manner that impairs or prohibits reading or servicing a meter in violation of section 42-9

(7)

For tampering with a meter device.

(8)

For unauthorized use or diverting water from the water system.

(9)

When requested, in writing, by another governmental agency, or by the jurisdiction in which the water service is located, when allowed by law.

(b)

In case water is cut off under this section, the field service fee will apply.

(c)

Upon removal of the meter for a violation of this section, the meter out fee will be charged.

(d)

When water has been cut off, as provided for in this section, water service will be restored upon a proper application, only when the conditions under which such service was stopped are corrected and upon the payment of all applicable fees or making satisfactory provision therefor.

(Ord. No. 6233-06, § 1)

Sec. 42-16. - Discontinuing service through removal of water service connection, generally.

(a)

Water service may be discontinued through removal of the water service connection for any of the following reasons:

(1)

Repeated violations of section 42-15

(2)

The water service has become inactive with no use for a period of five (5) years.

(3)

When requested in writing by the owner.

(4)

When requested in writing by the jurisdiction in which the water service is located, when allowed by law.

(b)

For water service applied for at locations where there has been previous service, and such previous service was discontinued as provided for in this section, service will be renewed upon a proper application and all applicable fees being paid at the time of application.

(Ord. No. 6233-06, § 1)

Secs. 42-17—42-22. - Reserved.