Chapter
50.  PUBLIC IMPROVEMENTS
51.  SEWERS
52.  WATER
53.  GARBAGE
54. CEMETERY



CHAPTER 50:  PUBLIC IMPROVEMENTS

Section
Special Assessment Projects; Procedure
50.01  Definitions
50.02  Authority to assess
50.03  Initiation of special assessment projects
50.04  Requirements of petition
50.05  Report on proposed special assessment project
50.06  Resolution assessing possible project, hearing
50.07  Notification of scope of improvements; approval of profiles and plans
50.08  Deviation from plans and specifications
50.09  Limitations on preliminary expenses
50.10  Special assessment roll
50.11  Filing and reviewing of special assessment roll; hearing; objections
50.12  Changes and corrections in assessment roll; confirmation
50.13  Objection to assessment
50.14  Special assessment due upon confirmation of special assessment roll
50.15  Payment in annual installments; due dates; interest on deferred installments
50.16  Delinquent special assessments
50.17  Creation of lien
50.18  Additional assessments; refunds
50.19  Council may provide for additional procedures
50.20  Collection of special assessments for payment of bonds
50.21  Special assessment accounts
50.22  Limitations of action
50.23  Reassessment for benefits
50.24  Combination of projects
50.25  Division of parcels
50.26  Deferred payments of special assessments
50.27  Reconsideration of petitions
50.28  Abatement of conditions of hazards and nuisances
50.29  Existing proceedings; effective date

Cross-reference
                  Special assessments see City Charter Ch. 11


SPECIAL ASSESSMENT PROJECTS; PROCEDURES
§ 50.01  DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COST:  When referring to the cost of any local public improvement such cost shall include the cost of services, plans, condemnation, spreading of rolls, notices, advertising, financing, construction, legal fees, interest on special assessment bonds for not to exceed one year and all other costs incident to the making of such improvement, the special assessments therefore and the financing thereof.

LOCAL PUBLIC IMPROVEMENT:  Any public improvement which is of such a nature as to benefit especially any real property or properties within a district in the vicinity of such improvement.
(Ord. 126, passed 6-2-75)

§ 50.02  AUTHORITY TO ASSESS.
The whole cost or any part thereof of any local public improvement may be defrayed by special assessment upon the lands specially benefited by the improvement in the manner as provided in this subchapter.
(Ord. 126, passed 6-2-75)

§ 50.03  INITIATION OF SPECIAL ASSESSMENT PROJECTS.
Proceedings for the making of local public improvements within the City, the tentative necessity thereof, and the determination that the whole or any part of the expense thereof shall be defrayed by special assessment upon the property especially benefited, provided that all special assessments levied shall be in proportion to the benefits derived from the improvements, may be commenced by resolution of the City Count, with or without a petition.
(Ord. 126, passed 6-2-75)

§ 50.04  REQUIREMENTS OF PETITION.
Local public improvements may be initiated by petition signed by property owners whose aggregate property in the proposed district was assessed for not less than 51% of the total assessed value of the privately-owned real property located therein, all shown by the last preceding general tax records of the City.  The petition shall contain a brief description of the property owned by the respective signatories and, if the petition is signed by at least 51% as aforesaid, the City Clerk shall certify same to the City Council.   The petition shall be addressed to the Council and filed with the Clerk and shall in no event be considered directory but is advisory only.
(Ord. 126, passed 6-2-75)

§ 50.05  REPORT ON PROPOSED SPECIAL ASSESSMENT PROJECT.
Before the City Council shall consider the making of any local improvement, the Council shall cause to be prepared a report which shall include necessary plans, profiles, specifications and detailed estimates of cost, an estimate of the life of the improvement, a description of the assessment district or districts, and other pertinent information as will permit the Council to decide the cost, extent and necessity of the improvement proposed and what part or proportion thereof should be paid by special assessments upon the property especially benefited and what part, if any, should be paid by the City at large.  The Council shall not determine to proceed with the making of any local public improvement until the report has been filed, or until after a public hearing has been held by the Council for the purpose of hearing objections to the making of the improvement.
(Ord. 126, passed 6-2-75)

§ 50.06  RESOLUTION ASSESSING POSSIBLE PROJECT, HEARING.
After receiving and reviewing the report required in §50.05 for making any local public improvement as required in the resolution of the City Council, a resolution may be passed tentatively determining the necessity of the improvement, setting forth the nature thereof, prescribing what part or proportion of the cost of an improvement shall be paid by special assessment upon the property especially benefited, determination of benefits received by affected properties, and what part, if any, shall be paid by the  City at large; designating the limits of the special assessment district to be affected, designating whether to be assessed according to frontage or other benefits, placing the complete information on file in the office of the City Clerk, where the same may be found for examination, and directing the City Clerk to give notice of public hearing on the proposed improvement, at which time and place opportunity will be given interested persons to be heard.  The notice shall be given by on publication in a newspaper published or circulated within the City and by first class mail addressed to each owner of property to be assessed as shown by the last general tax assessment roll of the City.  The publication of notice shall be made at least seven full days prior to the hearing and the mailing of notice shall be made at least ten full days prior to the date of the hearing.  The hearing required by this section may be held at any regular or special meeting of the Council.
(Ord. 126, passed 6-2-75)

§ 50.07  NOTIFICATION OF SCOPE OF IMPROVEMENTS; APPROVAL OF PROFILES AND PLANS.
At the public hearing on the proposed improvement, all persons interested shall be given an opportunity to be heard, after which the City Council may modify the scope of the local public improvement in such a manner as they shall deem to be in the best interest of the City as a whole; provided that if the amount of work is increased or additions are made to the district, then another hearing shall be held pursuant to notice prescribed in §50.06.  If the determination of the Council shall be to proceed with the improvement, a resolution shall be passed approving the necessary profiles, plans, specifications, assessment district and detailed estimates of cost, and directing the Assessor to prepare a special assessment roll in accordance with the Council's determination and report the same to the Council for confirmation.
(Ord. 126, passed 6-2-75)

§ 50.08  DEVIATION FROM PLANS AND SPECIFICATIONS.
No deviation from original plans or specifications as adopted shall be permitted by any officer or employee of the City without authority of the City Council by resolution.  A copy of the resolution authorizing such changes or deviation shall be certified by the City Clerk and attached to the original plans and specifications on file in his office.
(Ord. 126, passed 6-2-75)

§ 50.09  LIMITATIONS ON PRELIMINARY EXPENSES.
The City Council shall specify the provisions and procedures for financing a local public improvement.  No contract or expenditure, except for the cost of preparing necessary profiles, plans, specifications and estimates of cost, shall be made for the improvement, nor shall any improvement be commenced until the special assessment roll to defray the costs of the same shall have been made and confirmed.
(Ord. 126, passed 6-2-75)

§ 50.10  SPECIAL ASSESSMENT ROLL.
(A)  The Assessor shall make a special assessment roll of all lots and parcels of land within the designated district benefited by the proposed improvement and assess to each lot or parcel of land the proportionate amount benefited thereby.  The amount spread in each case shall be based upon the detailed estimate of cost as approved by the City Council.

(B)  When the Assessor shall have completed the assessment roll he shall file the same with the City Clerk for presentation to the Council for review and certification by it.
(Ord. 126, passed 6-2-75)

§ 50.11  FILING AND REVIEWING OF SPECIAL ASSESSMENT ROLL; HEARING; OBJECTIONS.
Upon receipt of the special assessment roll, the City Council, by resolution, shall accept the assessment roll and direct the City Clerk to give notice of a public hearing for the purpose of affording an opportunity for interested persons to be heard, the notice shall be given by publication once, at least seven full days prior to the date of the hearing, in a newspaper published or circulated within the City and by first class mail addressed to each owner of property to be assessed as shown by the last general tax assessment roll of the City mailed at least ten days prior to the date of the hearing.  The hearing required by this section may be held at any regular of special meeting of the Council.  At this meeting, all interested persons or parties shall present in writing their objections, if any, to the assessments against them.  The Assessor shall be present at every meeting of the Council at which a special assessment is to be reviewed.
(Ord. 126, passed 6-2-75)

§ 50.12  CHANGES AND CORRECTIONS IN ASSESSMENT ROLL; CONFIRMATION.
The City Council shall meet at the time and place designated for the review of the special assessment roll, and at such meeting, shall consider all objections thereto submitted in writing.  The Council may correct the roll as to any special assessment or description of any lot or parcel of land or other errors appearing therein; or it may, by resolution, annul the assessment roll and direct that new proceedings be instituted.  The same proceedings shall be followed in making a new roll as in the making of the original roll.  If, after hearing all objections and making a record of such changes as the Council deems justified, the Council determines that it is satisfied with the special assessment roll and that assessments are in proportion to benefits received, it shall thereupon pass a resolution reciting the determinations, confirming the roll, placing it on file in the office of the City Clerk and directing the City Clerk to attach their warrant to a certified copy thereof within ten days, therein commanding the Assessor to spread and the Treasurer to collect the various sums and amounts appearing thereon as directed by the Council.  The roll shall have the date of confirmation endorsed thereon and shall from that date be final and conclusive for the purpose of the improvement to which it applies unless contested in the manner provided being M.C.L.A. §68.34 and subject to adjustment to conform to the actual cost of the improvements, as provided in §50.18.
(Ord. 126, passed 6-2-75)

§ 50.13  OBJECTION TO ASSESSMENT.
If at, or prior to, the final confirmation of any special assessments, the owners of privately-owned real property to be assessed for more than 50% of the cost of an improvement, or in the case of paving or similar improvements the owners of more than 50% of the frontage to be assessed for any improvement, shall object in writing to the proposed improvement, the improvement shall not be made by proceedings delineated by this subchapter without a five-sevenths vote of the members of the Council, provided that this section shall not apply to sidewalk construction.
(Ord. 126, passed 6-2-75)

§ 50.14  SPECIAL ASSESSMENT DUE UPON CONFIRMATION OF SPECIAL ASSESSMENT ROLL.
All special assessments, except installments thereof as the City Council shall make payable a future time as provided in this subchapter, shall be due and payable upon confirmation of the special assessment roll.
(Ord. 126, passed 6-2-75)

§ 50.15  PAYMENT IN ANNUAL INSTALLMENTS; DUE DATES; INTEREST ON DEFERRED INSTALLMENTS.
(A)  The Council may provide for the payment of special assessments in annual installments.  The annual installments shall not exceed 30 in number, the first installment being due upon confirmation of the roll or on the date as the Council may determine and deferred installments being due annually thereafter, or in the discretion of the Council, may be spread upon and made a part of each annual City tax roll thereafter until all are paid.  Interest shall be charged on all deferred installments at a rate not to exceed 7% per annum, commencing on the due date of the first installment, or 60 days after the date of confirmation if the first installment is not due upon confirmation, and payable on the due date of each subsequent installment.  The full amount of all or any deferred installments, with interest accrued thereon to the date of payment, may be paid in advance of the due dates thereof.

(B)  If the full assessment or the first installment thereof shall be due upon confirmation, each property owner shall have 60 days from the date of confirmation to pay the full amount of the assessment, or the full amount of any installments thereof, without interest or penalty.   Following the 60-day period, the assessment or first installment thereof shall, if unpaid, be considered as delinquent and the same penalties shall be collected on unpaid assessments or first installments thereof as are provided by law to be collected on delinquent general City taxes.

(C)  Deferred installments shall be collected without penalty until 60 days after the due date thereof, after which time the installments shall be considered as delinquent and the penalties on the installments shall be collected as are provided by law to be collected on delinquent general City taxes.

(D)  After the Council has confirmed the roll, the City Treasurer shall notify by mail each property owner on the roll that the roll has been filed, stating the amount assessed and the terms of payment.   Failure on the part of the City Treasurer to give the notice or of the owner to receive the notice shall not invalidate any special assessment roll of the City or any assessment thereon, nor excuse the payment of interest or penalties.
(Ord. 126, passed 6-2-75)

§ 50.16  DELINQUENT SPECIAL ASSESSMENTS.
Any assessment, or part thereof, remaining unpaid on the first Monday of March following the date when the same became delinquent shall be reported as unpaid by the City Treasurer to the City Council.  Any delinquent assessment together with all accrued interest shall be transferred and reassessed on the next annual City tax roll in a column headed "Special Assessments" with a penalty of 4% upon such total amount added thereof, and when so transferred and reassessed upon the tax roll shall be collected in all respects as provided for the collection of City taxes.
(Ord. 126, passed 6-2-75)

§ 50.17  CREATION OF LIEN.
Special assessment and all interest, penalties and charges thereon from the date of confirmation of the roll shall become a debt to the City from the persons to whom they are assessed, and, until paid, shall be and remain a lien upon the property assessed, of the same character and effect as the lien created by general law for state, county, and City taxes and the lands upon which the same are a lien shall be subject to sale therefore the same as are lands upon which delinquent City taxes constitute a lien.
(Ord. 126, passed 6-2-75)

§ 50.18  ADDITIONAL ASSESSMENTS; REFUNDS.
The City Clerk shall, within 60 days after the completion of each local or special public improvement, compile the actual cost thereof and certify the same to the Assessor who shall adjust the special assessment roll to correspond therewith.  Should the assessment prove larger than necessary by less than 5% or more, the entire excess shall be credited to owners of property as shown by the City assessment roll upon which such assessment has been levied, pro rata according to the assessment.  No refunds of special assessments may be made which impair, or contravene the provision of any outstanding obligation or bond secured in whole or part by such special assessments.  In the case of assessments due in installments the City Council may order the refund given by credit against the installments last coming due.  When any special assessment roll shall prove insufficient to meet the cost of the improvement for which it was made, the Council may make an additional pro rata assessment, but the total amount assessed against any one parcel of land shall not exceed the benefits received by the lot or parcel of land.
(Ord. 126, passed 6-2-75)

§ 50.19  COUNCIL MAY PROVIDE FOR ADDITIONAL PROCEDURES.
In any case where the provisions of this subchapter may prove to be insufficient to carry out fully the making of any special assessment, the City Council shall provide by ordinance any additional steps or procedures required.
(Ord. 126, passed 6-2-75)

§ 50.20  COLLECTION OF SPECIAL ASSESSMENTS FOR PAYMENT OF BONDS.
In the event bonds are issued in anticipation of the collection of special assessment as hereinbefore provided, all collections on each special assessment roll or combination of rolls shall be set in a separate fund for the payment of the principal and interest on the bonds so issued in anticipation of the payment of such special assessments, and shall be used for no other purpose.
(Ord. 126, passed 6-2-75)

§ 50.21  SPECIAL ASSESSMENT ACCOUNTS.
Moneys raised by special assessment to pay the cost of any local improvements shall be held in a special fund to pay such cost or to repay any money borrowed therefore.  Each special assessment account must be used only for the improvement project for which the assessment was levied, expenses incidental thereof, including the repayment of the principal and interest on money borrowed therefore, and to refund excessive assessments, if refunds are authorized.
(Ord. 126, passed 6-2-75)

§ 50.22  LIMITATIONS OF ACTION.
An action may not be instituted for the purpose of contesting or enjoining the collection of a special assessment unless:

(A)  Within 45 days after the confirmation of the special assessment roll, written notice is given to the City Council indicating an intention to file such an action and stating the grounds on which it is claimed that the assessment is illegal; and

(B)  The action is commenced within 90 days after the confirmation of the roll.
(Ord. 126, passed 6-2-75)

§ 50.23  REASSESSMENT FOR BENEFITS.
Whenever the City Council shall deem any special assessment invalid or deficient for any reasons whatever, or if any court of competent jurisdiction shall have adjudged such assessment to be illegal for any reason whatever, in whole or in part, the Council shall have power to cause a new assessment to be made for the same purpose for which the former assessment was made, whether the improvement or any part thereof has been completed and whether any part of the assessment has been collected or not.  All proceedings on such reassessment and for the collection thereof shall be made in the manner as provided for in the original assessment.  If any portion of the original assessment shall have been collected and not refunded, it shall be applied upon the reassessment and the reassessment shall to that extent be deemed satisfied.  If more than the amount reassessed shall have been collected, the balance shall be refunded to the person making such payment.
(Ord. 126, passed 6-2-75)

§ 50.24  COMBINATION OF PROJECTS.
The City Council may combine several districts into one project for the purpose of effecting a saving in the costs.   There shall be established for each district separate funds and accounts to cover the cost of the same.
(Ord. 126, passed 6-2-75)

§ 50.25  DIVISION OF PARCELS.
Should any lots or lands be divided after a special assessment thereon has been confirmed and divided into installments, the Assessor shall apportion the uncollected amounts upon the several lots and lands so divided, and shall enter the several amounts as an amendment upon the special assessment roll.  The City Treasurer shall, within ten days after such apportionment, send notice of such action to the persons concerned at their last known address by first class mail.  The apportionment shall be final and conclusive on all parties unless protest in writing is received by the City Treasurer within 20 days of the mailing of the aforesaid notice.
(Ord. 126, passed 6-2-75)

§ 50.26  DEFERRED PAYMENTS OF SPECIAL ASSESSMENTS.
The City Council may provide for the deferred payment of special assessments from persons who, in the opinion of the Council and Assessor, by reason of poverty are unable to contribute toward the costs thereof.  In all cases, as a condition to the granting of such deferred payments, the City shall require mortgage security on the real property of the beneficiary payable on or before their death, or, in any event, on the sale or transfer of the property.
(Ord. 126, passed 6-2-75)

§ 50.27  RECONSIDERATION OF PETITIONS.
In the event that the City Council shall fail to make any public improvement petitioned for under the provisions of §50.04 during the calendar year during which any petition is filed, such petition shall be reconsidered by the Council prior to March 1 of the succeeding calendar year for the purpose of determining whether such improvement should be made during such calendar year.
(Ord. 126, passed 6-2-75)

§ 50.28  ABATEMENT OF CONDITIONS OF HAZARDS AND NUISANCES.
When any lot, building or structure within the City, because of the accumulation of refuse or debris, the uncontrolled growing of weeds, or age or dilapidation, or because of any other condition or happening, becomes, in the opinion of the City Council, a public hazard or nuisance which is dangerous to the health or safety of the inhabitants of the City or those of them residing or habitually going near such lot, building or structure, the Council may, after investigation, give notice to the owner of the land upon which such hazard or nuisance exists, or the owner of the building or structure itself, specifying the nature of the hazard or nuisance, and requiring such owner of the building or structure itself, specifying the nature of the hazard or nuisance, and requiring such owner to alter, repair, tear down or remove same promptly and within a time to be specified by the Council, which shall be commensurate with the nature of the hazard or nuisance.  If, at the expiration of the time limit in the notice, the owner has not complied with the requirements thereof, or in any case where the owner of the land or of the building or structure itself is not known, the Council may order such a hazard or nuisance abated by the proper department or agency of the City which is qualified to do the work required, and the costs of such abatement, assessed against the lot, premises or description of real property upon which the hazard or nuisance was located.
(Ord. 126, passed 6-2-75)

§ 50.29  EXISTING PROCEEDINGS; EFFECTIVE DATE.
All special assessment proceedings commenced prior to the effective date of this subchapter and conducted in conformity with the provisions of Act No. 3 of the Public Acts of 1895, as amended, being M.C.L.A. §68.31-68.35, 69.6, 69.21 - 69.25, 71.3 and 71.4 as in effect prior to the effective date of Act No. 4 of the Public Acts of 1974 are hereby validated, ratified and confirmed.  Any special assessment roll confirmed after the effective date hereof, shall be conclusive, except that period of contesting such assessment roll provided in §50.22 shall commence upon the effective date of this subchapter.  All incomplete special assessment proceedings shall be continued under the applicable provisions hereof.
(Ord.  126, passed 6-2-75)



CHAPTER 51:  SEWERS

Section
General Provisions
51.001  Definitions
51.002  Deposit of objectionable waste prohibited
51.003  Discharge of untreated sewage into natural outlet
51.004  Privies, septic tanks and other facilities
51.005  Damaging or tampering with city equipment or structures

Private Sewage Disposal System
51.015  Connecting building sewer to private sewage disposal system; compliance
51.016  Maintenance of private sewage disposal facilities
51.017  Connecting private sewage disposal system to public sewer
51.018  Noninterference with additional requirements

Building Sewers and Connections
51.030  Connection required to public sanitary sewer upon availability; failure to connect
51.031  Connection permit required; bond
51.032  Building sewer permits
51.033  Costs and expenses of installation and connection of building sewer; indemnification
51.034  Separate building sewer provided for every building; special exceptions
51.035  Use of old building sewers with new buildings
51.036  Pipe and joint specifications
51.037  Installation and maintenance of city and owner of building sewer
51.038  Size and slope of building sewers
51.039  Elevation of building sewer
51.040  Artificial filters
51.041  Location of connection
51.042  Inspection of connection to public sewer
51.043  Excavations

Use of Public Sewers
51.055  Prohibiting any new or existing connections from inflow sources not consistent with system's design capacity
51.056  Prohibited discharges to public sewers
51.057  Grease, oil and sand interceptors
51.058  Preliminary pretreatment; maintenance of facilities
51.059  Control manhole; measurements, tests and analyses
51.060  Industrial wastes; surcharge on rate charged
51.061  Special assessments of contracts

Condition of Services
51.075  Free service prohibited
51.076  Bills and notices
51.077  Cancellation or discontinuation of service
51.078  Interruption of service
51.079  Inspection

Rates and Charges
51.090  Sewage charges for premises connected to system
51.091  Connection charge
51.092  Rates charged to user
51.093  Special rates for miscellaneous services
51.094  Billing procedure
51.095  Delinquent payment; liens, security deposit
51.096  Estimation of rates; revisement
51.097  Disposition of revenues
51.098  Investments
51.099  Adjustment of user charge rates
51.100  Payment by industrial user
51.101  Exceeding limits of normal strength

Administration
51.115  Supervision and control of operators
51.116  Review of wastewater contributions
51.117  Powers and authority of inspectors
51.118  Operating basis
51.119  Records to be kept; audit
51.120  Insurance policy
51.998  Notice of violation; liability


GENERAL PROVISIONS
§ 51.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOD:  (denoting BIOCHEMICAL OXYGEN DEMAND).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C.

BUILDING DRAIN:  That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.

BUILDING SEWER:  The extension from the building drain to the public sewer or other places of disposal.

CITY COUNCIL:  The City Council of the City of West Branch.

COMMERCIAL USER:  An establishment listed in the Office of the Management and Budget's  "Standard Industrial Classification Manual" (1972 Edition) that is involved in a commercial enterprise, business or service which, based on a determination by the City, discharges primarily domestic wastes or wastes from sanitary conveniences.

CONNECTION CHARGE:  The amount charged at the time, and in the amount hereinafter provided, to each premise in the City which must connect to the system.  The new charge is based upon the proportionate cost allocable to such premises of the trunkage and availability costs associated with providing sanitary sewer and sewage treatment.

DEBT RETIREMENT CHARGE:  The charge levied to all users for retirement of bonded indebtedness associated with the system.

GARBAGE:  Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.

GOVERNMENTAL USER:  Any federal, state or local government user of the system.

INDUSTRIAL COST RECOVERY:  The recovery from each eligible industrial user of that portion of U.S. Environmental Protection Agency grants which are allocable to the collection and treatment of industrial wastes from those users.

INDUSTRIAL USER:  Nongovernmental, nonresidential users of the system that discharge more than the equivalent of 25,000 gallons per day of sanitary waste and are identified in the  "Standard Industrial Classification Divisions".

INDUSTRIAL WASTE:  The wastewater discharges from industrial, trade or business process, as distinct from their employee's domestic wastes or wastes from sanitary convenience.

INSTITUTIONAL USER:  Nongovernmental, noncommercial, nonresidential, nonindustrial users of the system.

INSPECTOR:  Any person or persons duly authorized by the City Council to inspect and approve the installation of sewers.

O, M AND R CHARGE:  The charge levied to all users for operation, maintenance replacement and customer related administrative costs associated with the system.

OPERATION and MAINTENANCE COSTS:  All costs, direct and indirect, necessary to provide adequate wastewater collection and treatment on a continuing basis, to conform with all federal, state and local wastewater management requirements, and to assure optimum long-term management of the sewage works.  Operation and maintenance costs shall include replacement costs.

PUBLIC SEWER:  A sewer, in which all owners of abutting properties have equal rights, that is controlled by the City, and is located within the public right-of-way or a public easement.

REPLACEMENT COSTS:  Expenditures made during the service life of the system to replace equipment and appurtenances necessary to maintain the intended performance of the system.

REVENUES and NET REVENUES:  The meanings as defined in Act 94 of the Public Acts of 1933, as amended, being M.C.L.A. § 141.101 - 141.120.

SANITARY SEWER:  A sewer which carries sewage and to which storm, surface and ground waters are not intentionally admitted.

SEWAGE:  A combination of water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground waters as may be present.

SEWAGE TREATMENT PLANT:  Any arrangement of devices and structures used for treating sewage.

SEWAGE WORKS:  All facilities for collecting, pumping, treating and disposing of sewage.

SEWER:  A pipe or conduit for carrying sewage.

SYSTEM:  All facilities of the County Sanitary Sewer System (West Branch area) within the jurisdiction of the City and all subsequent additions, including all sewers, pumps, lift stations and all other facilities used or useful in the collection, treatment and disposal of domestic, commercial or industrial wastes, including all appurtenances thereto and including all extensions and improvements thereto which may hereafter be acquired.
(Ord. 160, passed 5-18-81)

§ 51.002  DEPOSIT OF OBJECTIONABLE WASTE PROHIBITED.
It shall be unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the City (or any area under its jurisdiction), any human or animal excrement, garbage or other objectionable waste.
(Ord. 160, passed 5-18-81) Penalty, see § 10.99

§ 51.003  DISCHARGE OF UNTREATED SEWAGE INTO NATURAL OUTLET.
It shall be unlawful to discharge to any natural outlet any sanitary sewage, industrial wastes or other polluted water, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
(Ord. 160, passed 5-18-81) Penalty, see § 10.99

§ 51.004  PRIVIES, SEPTIC TANKS AND OTHER FACILITIES.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
(Ord. 160, passed 5-18-81) Penalty, see § 10.99

§ 51.005  DAMAGING OR TAMPERING WITH CITY EQUIPMENT OR STRUCTURES.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works.  Any person violating this provision shall be subject to the appropriate criminal sanctions.
(Ord. 160, passed 5-18-81) Penalty, see  §10.99


PRIVATE SEWAGE DISPOSAL SYSTEM
§ 51.015  CONNECTING BUILDING SEWER TO PRIVATE SEWAGE DISPOSAL SYSTEM; COMPLIANCE.
Where a public sanitary sewer is not available under the provisions hereof, the building sewer shall be connected to a private sewage disposal system complying with all requirements of the State Board of Health.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.016  MAINTENANCE OF PRIVATE SEWAGE DISPOSAL FACILITIES.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times and at no expense to the City.
(Ord. 160, passed 5-18-81)

§ 51.017  CONNECTING PRIVATE SEWAGE DISPOSAL SYSTEM TO PUBLIC SEWER.
At such times as a public sewer becomes available to a property served by a sewage disposal system as provided herein, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned, and filled with suitable material.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.018  NONINTERFERENCE WITH ADDITIONAL REQUIREMENTS.
No statement contained in this subchapter shall be construed to interfere with any additional requirements that may be imposed by the State Board of Health.
(Ord. 160, passed 5-18-81)


BUILDING SEWERS AND CONNECTIONS
§ 51.030  CONNECTION REQUIRED TO PUBLIC SANITARY SEWER UPON AVAILABILITY; FAILURE TO CONNECT.
(A)  Each person having control of a structure in which sanitary sewage originates, and each owner and each occupant of such a structure, shall cause such structure to be connected to an available public sanitary sewer.  The connection shall be completed promptly but in no case later than 90 days from the date of occurrence of the last of the following events:

(1)  Publication of a notice by the City Clerk of the availability of the public sanitary system in a newspaper of general circulation in the City.

(2)  Modification of a structure so as to become a structure in which sanitary sewage originate.

(3)  When this chapter becomes effective.

(B)  If there is a failure to complete connection where the structure in which sanitary sewage originates has not been connected to an available public sanitary sewer within the 90 days of the period provided in division (A) above, the City Clerk shall require the connection to be made forthwith after notice by first class mail or certified mail to the owners, occupants and persons having control of the property on which the structure is located.  The notice shall give the approximate location of the public sanitary sewer which is available for connection of the structure involved and shall advise such persons of the requirements and the enforcement provisions of this chapter.

(C)  Where any structure in which sanitary sewage originates is not connected to an available, public sanitary sewer system within 90 days after the date of mailing or posting of the written notice, the City may bring an action for a mandatory injunction or order in the district, municipal or circuit court in the County in which the structure is situated to compel the owner to connect to the available sanitary sewer system forthwith.  The City in one or more of such actions may join any number of owners of structures situated within the City to compel each owner to connect to the available sanitary sewer system forthwith.
(Ord. 160, passed 5-18-81)

§ 51.031  CONNECTION PERMIT REQUIRED; BOND.
(A)  No unauthorized person shall uncover, make any connections with, or opening into, use, alter or disturb any public sewer or appurtenances thereof without first obtaining a written permit from the City Council.

(B)  Before a permit may be issued for excavating for plumbing in any public street, way or alley, the person applying for such permit shall have executed unto the City, and deposited with the City Treasurer a corporate surety in the sum of $1,000, conditioned that they will perform faithfully all work with due credit and skill, and in accordance with the laws, rules and regulations established under the authority of any ordinances of the City and the owner of the premises against all damages, costs, expenses, outlays and claims of every nature and kind arising out of the unskillfulness of negligence on their part in connection with plumbing or excavating for plumbing as prescribed in this chapter.  The bond shall remain in force and must be executed for a period of two years except than on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued there under prior to such expiration.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.032  BUILDING SEWER PERMITS.
There shall be two classes of building sewer permits; one for residential, commercial, governmental or institutional service, and one for service to establishments producing industrial waste.  In either case, the owner or his agent shall make application on a special form furnished to the City.   The permit applications shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the City.  A permit and inspection fee of $25 for a residential or commercial building sewer permit and $25 for an industrial building sewer permit shall be paid to the City Treasurer at the time the application is filed.
(Ord. 160, passed 5-18-81)

§ 51.033  COSTS AND EXPENSES OF INSTALLATION AND CONNECTION OF BUILDING SEWER; INDEMNIFICATION.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner.  The owner or the person installing the building sewer for the owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation.
(Ord. 160, passed 5-18-81)

§ 51.034  SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING; SPECIAL EXCEPTIONS.
A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.  Other exceptions will be allowed only by special permission granted by the Director of Public Works or City Manager.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.035  USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.
Old building sewers or portions thereof may be used in connection with new buildings only when they are found on examination by the City to meet all requirements of this chapter.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.036  PIPE AND JOINT SPECIFICATIONS.
(A)  The building sewer shall be constructed of either vitrified clay sewer pipe and fittings meeting the current A.S.T.M.  "Specifications for Standard for Extra Strength Clay Sewer Pipe," extra heavy cast iron soil pipe meeting the current A.S.T.M. Specifications, or the Department of Commerce "Commercial Standards for Extra Heavy Cast Iron Soil Pipe and Fittings" or polyvinyl chloride  (P.V.C.) plastic pipe SCR 35 meeting the current requirements of A.S.T.M. D-1784 with fittings meeting D-3034.  If installed in filled or unstable ground, the building sewer shall be of cast iron soil pipe, except that one of the other two pipes may be accepted if laid on a suitable improved bed or cradle as approved by the Inspector. 

(B) All joints and connections shall be made gastight and watertight.   Vitrified clay sewer pipe shall be fitted with factory made resilient compression joints meeting the current A.S.T.M. "Specifications for Vitrified Clay Pipe joints Having Resilient Properties"  (Designation C425).  P.V.C.  plastic pipe joints shall comply with A.S.T.M.  specifications D-3139 elastomeric seals (push joint). The joints and connections shall conform to the manufacturer's recommendations.  All fittings shall be as manufactured by the pipe supplier with joints equal to that of the pipe.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.037  INSTALLATION AND MAINTENANCE BY CITY AND OWNER OF BUILDING SEWER.
The City shall install and maintain at its expense that portion of the building sewer from the public sewer to near the lot or easement line, and the customer shall install and maintain at their expense that portion of the building sewer from the public sewer to their premises.  The size and slope of the building sewers shall be subject to the approval of the authorized personnel of the City, but in no event shall the diameter be less than stated herein.   Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.
(Ord. 160, passed 5-18-81) Penalty, see  §10.99

§ 51.038  SIZE AND SLOPE OF BUILDING SEWERS.
The size and slope of the building sewers shall be subject to the approval of the City, but in no event shall the diameter be less than six inches.  The slope of such six-inch pipe shall not be less than 1/8 inch per foot, except as otherwise approved by the Director of Public Works.  All building sewers shall be laid on a sand cushion having a minimum thickness of three inches.  All irregularities and depressions in the subgrade shall be fitted with sand so the pipe will be firmly supported for its entire length.  To provide sewer embedment, the remainder of the trench to the top of the pipe shall be backfilled with compacted sand.  The sand adjacent to the pipe shall be shovel sliced.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.039  ELEVATION OF BUILDING SEWER.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor.  No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened.  The depth shall be sufficient to afford protection from frost.  All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Director of Public Works.  Pipe laying and backfill shall be performed in accordance with current A.S.T.M. specifications except that no backfill shall be placed until the work has been inspected by the City.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.040  ARTIFICIAL LIFTERS.
In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drains shall be lifted by approval artificial means and discharged to the building sewer.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.041  LOCATION OF CONNECTION.
The connection of the building sewer into the public sewer shall be made at a location designated by the Inspector.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.042  INSPECTION OF CONNECTION TO PUBLIC SEWER.
The applicant for the building sewer shall notify the City when the buildings sewer is ready for inspection and connection to the public sewer.   The connection shall be made under the supervision of the City.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.043  EXCAVATIONS.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard.  Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
(Ord. 160, passed 5-18-81) Penalty, see §10.99


USE OF PUBLIC SEWERS
§ 51.055  PROHIBITING ANY NEW OR EXISTING CONNECTIONS FROM INFLOW SOURCES NOT CONSISTENT WITH SYSTEM'S DESIGN CAPACITY
The City Council shall prohibit any new connections from inflow sources to the system and shall refuse to accept inflow sources from existing connections which are not consistent with the system’s design capacity including discharge of storm water, surface water, ground water roof runoff, foundation drainage, cooling water or unpolluted industrial process waters to any sanitary sewer; and shall further prohibit new connections unless there is capacity in all downstream sewers, lift stations, force mains and treatment plant facilities including capacity for BOD and suspended solids.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.056  PROHIBITED DISCHARGES TO PUBLIC SEWERS.
No person shall discharge or cause to be discharged to any public sewers any harmful waters or wastes, whether liquid, solid or gas, capable of causing obstruction to the flow in sewers, damage or hazard to structures, equipment, and personnel of the sewage works, or other interferences with the proper operation of the sewage works.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.057  GREASE, OIL AND SAND INTERCEPTORS.
Grease, oil and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand and other harmful ingredients except that such interceptors shall not be required for private living quarters or dwelling units.   Where installed, they shall be maintained by the owner, at his expense, in continuously efficient operation at all times.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.058  PRELIMINARY PRETREATMENT; MAINTENANCE OF FACILITIES.
The admission into the public sewers of any waters or wastes having harmful or objectionable characteristics shall be subject to the review and approval of the City, who may prescribe limits on the strength and character of these waters or wastes.  When necessary, in the opinion of the City, the owner shall provide, at their expense, such preliminary treatment as may be necessary to treat these wastes prior to discharge to the public sewer.  Plans, specifications and any other pertinent information relating to proposed preliminary treatment facilities shall b e submitted for the approval of the City and of the appropriate state agency, and no construction of such facilities shall be commenced until the approval is obtained in writing.   Where preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at their expense.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.059  CONTROL MANHOLE; MEASUREMENTS, TESTS AND ANALYSES.
When required by the City, the owner of any property served by a building sewer carrying industrial wastes shall install and maintain, at their expense, a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes.  All measurements, tests and analysis of the characteristics of waters and wastes shall be determined in accordance with "Guidelines Establishing Test Procedures of Analysis of Pollutants" (40 CFR 136, October 16, 1973) and shall be determined at the control manhole or upon suitable samples taken at the control manhole.  In the event that no special manhole has been required the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
(Ord. 160 passes 5-18-81) Penalty, see §10.99

§ 51.060  INDUSTRIAL WASTES; SURCHARGE ON RATE CHARGED.
(A)  A portion of all industrial wastes from an industry may be excluded from the sanitary sewer system.

(B)  A surcharge may be imposed on the rate charged by industry for the treatment of industrial waste.  The surcharge shall be based on the volume, strength and character of the industrial waste treated as compared to the volume, strength and character of the normal domestic sewage originating in the City.  The rate shall be as determined in the user charge engineering-accounting report.
(Ord. 160, passed 5-18-81)

§ 51.061  SPECIAL ASSESSMENTS OF CONTRACTS.
Special assessments or contracts may be executed with industries which shall be coordinated with this chapter for the derivation of the rate to be used for the receiving of industrial waste, where such industrial wastes are of unusual strength or volume and the treatment facility is capable of handling such industrial waste.
(Ord. 160, passed 5-18-81)


CONDITIONS OF SERVICE
§ 51.075  FREE SERVICE PROHIBITED.
No free service shall be furnished by the system to any person, firm or corporation, public or private, or to any public agency or instrumentality.
(Ord. 160, passed 5-18-81) Penalty, see §10.99

§ 51.076  BILLS AND NOTICES.
Bills and notices relating to the conduct of the business of the City will be mailed to the customer at the address listed on the application, unless a change of address has been filed in writing at the business office of the City; and the City shall not otherwise be responsible for delivery of any bill or notice, nor will the customer be excused from nonpayment of a bill or from any performance required in the notice.
(Ord. 160, passed 5-18-81)

§ 51.077  CANCELLATION OR DISCONTINUATION OF SERVICE.
Applications may be canceled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:

(A)  Misrepresentation in the application as to the property or fixtures to be serviced by the sanitary sewer system.

(B)  Nonpayment of bills.

(C)  Improper or imperfect service pipes and fixtures or failure to keep same in suitable state of repair.
(Ord. 160, passed 5-18-81)

§ 51.078  INTERRUPTION OF SERVICE.
The City shall, in no event, be held responsible for a claim made against it by reason of the breaking of any mains for service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.
(Ord. 160, passed 5-18-81)

§ 51.079  INSPECTIONS.
The premises receiving sanitary sewer service shall at all reasonable hours be subject to inspection by duly authorized personnel of the City.
(Ord. 160, passed 5-18-81)


RATES AND CHARGES
§ 51.090  SEWAGE CHARGES FOR PREMISES CONNECTED TO SYSTEM.
(A)  Charges for sewage disposal services to each premise within the service area having any connection to the system shall be as set forth in this subchapter.

(B)  Except as herein otherwise provided, charges for sewage disposal services rendered by the system to premises connected to the system of the City shall be as set forth in this subchapter.
(Ord. 160, passed 5-18-81)

§ 51.091 CONNECTION CHARGE.
(A)  For the benefit conferred by the sewer system upon all premises connecting thereto, or connecting to any sewer line tributary thereto, a connection fee shall be paid by each customer making connection to the sewer system. Such fee shall be established by resolution of the City Council and is intended to cover the cost of physical connection to the system and the privilege of connecting to the system.

(B)  The connection charge shall be paid in full upon application for a permit to connect such premises to the sewer system.
(Ord. 160, passed 5-18-81; Am. Ord. 248 passed 6-16-97; Am. Ord. 12-03, passed)

§ 51.092  RATES CHARGED TO USER.
(A)  Charges for sewer service to each premise within the City connected to the system shall be as prescribed by the most recent Resolution passed by the West Branch City Council that addresses sewer rates.  The structure of how charges for sewer services are calculated shall also be set by Resolution of Council, and said pricing structure may contain a ready-to-serve fee, fees related to debt service payments, tiered pricing based on meter size and/or gallons used, and any other price-setting mechanism that Council deems fair and viable. 

(B)  In September of each year, the City Council shall review current sewer rates and compare anticipated sewer revenues for the following fiscal year to anticipated sewer expenditures for the following fiscal year.  Capital improvement set aside amounts for sewer shall also be considered at that time.  Within 90 days of said annual review, the City Council shall vote to set the amount for capital improvement set asides for the sewer budget for the following fiscal year, with the Public Works Supervisor and City Manager providing recommendations regarding the same.  The amount for sewer capital improvement set asides approved by Council shall be utilized by the City Manager when creating the sewer budget for the following fiscal year.  The sewer capital improvement set aside amounts shall also be used by the Public Works Supervisor, the City Manager, and the Council to analyze whether current sewer rates are anticipated to generate enough revenue to cover all sewer expenditures for the following fiscal year, and if such an analysis indicates that revenues are not anticipated to cover expenditures for the following fiscal year, the City Council shall be required to have a vote within 30 days of such a determination to decide whether rates need to be adjusted, and if so, what the new rates should be set at.

 

(C)  Prior to a Council vote to adjust sewer rates, a public hearing must be held on the matter with such public hearing being noticed at least 60 days prior to Council voting on the subject. 

(D)  Following the holding of such a duly noticed public hearing, the City Council may vote to set sewer rates via Resolution of Council.  Sewer rates set in this manner shall remain in effect until modified by a subsequent Resolution approved by Council, except that at the beginning of each fiscal year the sewer rates in effect at that time shall automatically be adjusted by the City Treasurer either up or down to reflect the increase or decrease of inflation calculated as “Consumer Price Index (CPI) Inflation” by the United States Department of Labor’s ‘Bureau of Labor Statistics.’  An example of how this automatic adjustment will occur is as follows: effective July 1^st of each year, without needing an additional vote of Council, sewer rates will be automatically adjusted by the percentage of CPI inflation for the period of January 1^st of the preceding year compared to January 1^st of the current year.  For instance, if inflation for the most recent year showed an increase of 1.8%, the City Treasurer would automatically increase sewer rates by 1.8% on July 1^st of that year, with no need for Council to vote on the matter.  However, the City Treasurer shall calculate whether sewer rates are going to be adjusted in such a manner during the preparation of each year’s annual budget, and shall include a presentation of such anticipated adjustment to Council during the formulation of each year’s budget, and the City Treasurer shall likewise ensure that a public hearing on the subject is noticed at least 60 days prior to such automatic adjustment taking effect so that the public is afforded an opportunity to be heard on the matter, and so that Council has an opportunity to request that such matter be placed on the agenda prior to it automatically taking effect in the event that the City Council should desire to set the sewer rates at some other amount via formal Council Resolution.

D) All premises served by the sewer system shall have installed an approved meter as determined by the Superintendent of Public Works or the City Manager.  Other users of the system shall be charged in accordance with a schedule to be set by the City Council.
(Ord. 160, passed 5-18-81; Am. Ord. 196, passed 5-15-89; Am. Ord. 232, passed 3-20-95; Am. Ord. 148, passed 6-16-97; Am. Ord. 01-03, passed 6-18-01; Am. Ord. 05-02, passed 5-25-05; Am. Ord. 07-04, passed 6-18-2007 Am. Ord. 08-03, passed 12-15-2008; Am. Ord. 09-01, passed 5-18-2009; Am. Ord. 09-06, passed 10-5-2009; Am. Ord. 11-02, passed 2-21-2011; Am. Ord 18-04, passed 12-3-18)
 
§ 51.093  SPECIAL RATES FOR MISCELLANEOUS SERVICES.
For miscellaneous services or where a premise receives sewer service for which a special rate shall be established, such rates shall be fixed from time to time by the City Council.
(Ord. 160, passed 5-18-81)

§ 51.094  BILLING PROCEDURE.
Effective January 1, 2019, or as soon thereafter as may be practicable, sewer bills shall be rendered monthly during each operating year and shall represent charges for the period immediately preceding the date of rendering the bill.  The bills shall be due and payable within 30 days from the date thereof and all bills not paid when due shall be deemed delinquent and a penalty shall be added thereto and become due and owing as a part thereof.  The amount of the penalty for late payments shall be set at the rate of 10% of the amount of such late billing for the year 2019, and may be modified thereafter by Resolution of Council.
(Ord. 160, passed 5-18-81; Am.Ord. 10-01, passed 2-1-2010; Am. Ord 18-04, passed 12-3-18)

§ 51.095  DELINQUENT PAYMENT; LIENS, SECURITY DEPOSIT.
Connection charges and charges for sewage disposal services are made a lien on all premises served thereby, unless notice is given that a tenant is responsible, whenever any such charge against any property shall be delinquent for six months, the City official or officials in charge of the collection thereof shall certify annually, not later than May 1 of each year, to the tax assessing officer, the fact of such delinquency, whereupon such charge shall be by him entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises are collected and the lien thereof enforced.  Where notice is given that a tenant is responsible for such charges and service as provided, no further service shall be rendered such premises until a cash deposit of not less than $25 shall have been made as security for payment of such charges and service.  The cash deposit required of tenants shall equal twice that amount typically charged to a similar customer for six months of service.
(Ord. 160, passed 5-18-81; Am. Ord. 02-04, passed 12-16-2002; Am. Ord 18-04, passed 12-3-18)

§ 51.096  ESTIMATION OF RATES; REVISEMENT.
The rates hereby fixed are estimated to be sufficient to provide for the payment of the expenses of administration and operation and such expenses for maintenance of the system as are necessary to preserve the same in good repair and working order, and to provide for such other expenditures and funds for the system as this chapter may require.  The rates shall be fixed and revised periodically as may be necessary to produce these amounts.  Further the rates for use of the system shall be based on the following:

(A)  Debt retirement charge.  Each user of the system shall pay a monthly debt retirement charge to be determined from time to time by the City Council.

(B)  Each user of the system shall pay a monthly O, M and R charge in proportion to the user's wastewater contributions to the system.  Users that are also metered customers of the City water system shall be charged in an amount equal to the charge for the water system use.  Users that are not metered water customers shall be charged a flat amount per residential equivalent unit assigned by the user' premise, as hereinbefore stated.

(C)  Surcharges.  Each user that discharges wastewater strengths, exceeding normal strength sewage, as defined in §51.001, shall pay appropriate surcharges for treatment of excess waste strengths.
(Ord. 160, passed 5-18-81)

§ 51.097  DISPOSITION OF REVENUES.
(A)  The revenues of the system shall be set aside, as collected and deposited in a separate depository account in a bank duly qualified to do business in Michigan, in an account to be designated the Sewer System Receiving Fund (hereinafter, for brevity, referred to as the  "Receiving Fund") and the revenues so deposited shall be transferred from the Receiving Fund periodically, in the manner and at the times hereafter specified:

(1)  Operation and Maintenance Fund.  Out of the revenues in the Receiving Fund there shall be first set aside quarterly into a depository account designated Operation and Maintenance Fund a sum sufficient to provide for the payment of the next quarter's current expenses of administration and operation of the system and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order.

(2)  Bond Payment Fund.  There shall next be established and maintained a depository account, to be designated Bond Payment Fund, which shall be used solely for the payment of the City's obligations to the County pursuant to the aforesaid contract.  There shall be deposited in the fund quarterly after requirements of the Operation and Maintenance Fund have been met such sums as shall be necessary to pay the obligations when due.  Should the revenues of the system prove insufficient for this purpose, such revenues may be supplemented by any other funds of the City legally available for such purpose.

(3)  Reserve Fund.  There shall be established and maintained a depository account, designated Reserve Fund, which shall be used solely for the purpose of meeting any deficiencies in the Bond Payment Fund.  There shall be set aside into the fund after provision has been made for the Operation and Maintenance Fund and the Bond Payment Fund the sum of at least $6,800 per year until the amount of that Fund is $68,000 and after which no further deposits to the Fund need be made.  Moneys in the Fund may be used to pay the principal of and interest on the bonds last maturing.

(4)  General Purpose Fund.  There shall next be established and maintained a General Purpose Fund for the purpose of making repairs, replacements, improvements, extensions and enlargements to the system.   There shall be deposited into the fund after providing for the forgoing funds such revenues, as the City Council shall determine.

(5)  Surplus Moneys.  Moneys remaining in the Received Fund at the end of any operating year after full satisfaction of the requirements of the foregoing funds may, a t the option of the City Council, be transferred to the Reserve or General Purpose Funds or used in connection with any other project of the City reasonably related to purposes of the system.

(6)  Bank Accounts.  All moneys belonging to any of the foregoing funds or accounts may be kept in one bank account, in which event the moneys shall be allocated on the books and records to the City within the single bank account, in the manner above set forth.   Any other public corporation acting as operating agent for the City shall be authorized to act for the City to establish, maintain and fund the aforesaid accounts.  The public corporation may fix names for the various accounts different from those set out above, so long as the essential purpose of the aforesaid system of account is preserved.

(B)  In the event the moneys in the Receiving Fund are insufficient to provide for the current requirements of the Operation and Maintenance Fund, then moneys and/or securities in other funds of the system, except sums in the Bond Payment Fund derived from tax levies or special assessments, shall be transferred to the Operation and Maintenance Fund to the extent of any deficit therein.
(Ord. 160, passed 5-18-81)

§ 51.098  INVESTMENTS.
Moneys in any fund or account established by the provisions of this chapter may be invested in obligations of the United States of America, in the manner and subject to the limitations provided in Act 94, Public Acts of Michigan, 1933, as amended.  In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds from which such purchase was made.  Income received from such investments shall be credited to the fund from which the investments were made.
(Ord. 160, passed 5-18-81)

§ 51.099  ADJUSTMENT OF USER CHARGE RATES.
The City shall have the right to adjust the user charge rates based on an audit review of the system's operation and maintenance costs.  Such an audit review shall be conducted annually by the City.
(Ord. 160, passed 5-18-81)

§ 51.100  PAYMENT BY INDUSTRIAL USER.
(A)  Each industrial user shall pay the proportionate share of the operation, maintenance and replacement depreciation costs of the system that are allocable to the treatment of that user's industrial wastes.

(B)  Each industrial user that discharges processed wastewater which does not exceed the limits of normal strength sewage shall be charged and shall make payments to the City in amounts based on the actual waste volume from such premises.
(Ord. 160, passed 5-18-81)

§ 51.101  EXCEEDING LIMITS OF NORMAL STRENGTH.
Each user that proposes to discharge wastewater to the system which exceeds the limits of normal strength sewage will be required to either:

(A)  Provide satisfactory pretreatment to reduce the strength of the wastewater to normal strength sewage which is hereby determined to be 300 milligrams per liter of BOD, 330 milligrams per liter of suspended solids and 12 milligrams per liter of phosphorous; or

(B)  Pay a surcharge determined by the relative concentration of BOD, suspended solids, or other pollutant as compared to normal strength sewage.
(Ord. 160, passed 5-18-81)


ADMINISTRATION
§ 51.115  SUPERVISION AND CONTROL OF OPERATORS.
The operation, maintenance, alteration, repair and management of the system shall be under the general supervision and control of the City subject to the terms of the contract dated May 13, 1981, between the County of Ogemaw, and the City, and the Townships of Ogemaw and West Branch, and the City.  The City may employ a person or persons in such capacity or capacities, as it deems advisable to carry out the efficient management and operations of the system and may make rules, orders and regulations, as it deems advisable and necessary to assure the efficient management and operation of the system.
(Ord. 160, passed 5-18-81)

§ 51.116  REVIEW OF WASTEWATER CONTRIBUTIONS.
As part of the operation of the system, the City shall review not less than every two years the wastewater contribution of uses and user classes, the total costs of operation and maintenance of the treatment works, and its approved user charge system.  The City shall from time to time revise the charges for users or user classes to accomplish the following:

(A)  Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required by applicable federal regulations;

(B)  Generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works; and

(C)  Apply excess revenues collected from a class of uses to the costs of operation and maintenance attributable to that class for the next year and adjust the rate accordingly.
(Ord. 160, passed 5-18-81)

§ 51.117  POWERS AND AUTHORITY OF INSPECTORS.
The duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter.
(Ord. 160, passed 5-18-81)

§ 51.118  OPERATING BASIS.
The system shall be operated on the basis of the same operating year as the City.
(Ord. 160, passed 5-18-81)

§ 51.119  RECORDS TO BE KEPT; AUDIT.
The City shall maintain and keep proper books of records and accounts, separate from all other records and accounts, in which shall be made full and correct entries of all transactions relating to the system.  The City will cause an annual audit of such books of record and accounts for the preceding operating year to be made by a recognized independent certified public accountant, and will supply such audit report to authorized public officials on request.
(Ord. 160, passed 5-18-81)

§ 51.120  INSURANCE POLICY.
The City will maintain and carry insurance to all physical properties of the system, of the kinds and in the amounts normally carried by public utility companies and municipalities engaged in the operation of sewage disposal systems.  All moneys received for losses under any such insurance policies shall be applied solely to the replacement and restoration of the property damaged or destroyed.
(Ord. 160, passed 5-18-81)

§ 51.998  NOTICE OF VIOLATION; LIABILITY.
(A)  Any person found to be violating any provision of this chapter, except §51.005, shall be served by the City Council with written notice of the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.  The offender shall, within the period of time stated in such notice, permanently cease all violations.

(B)  Any person violating any of the provisions of this chapter shall become liable to the City, for any expense, loss or damage occasioned the City by reason of such violation.
(Ord. 160, passed 5-18-81)



CHAPTER 52:  WATER

Section
General Provisions
52.01  Contamination and pollution to water supply wells

Water Supply ConnectionWater Supply Connection
52.14  Request for water service
52.15  Adoption of state water supply cross-connection rules
52.16  Inspection of possible cross-connections
52.17  Right of entry for inspection purposes
52.18  Discontinuance of water service
52.19  Labeling of water outlets
52.20  Supplementary to other regulatory codes
52.21  New Construction to install backflow preventers

Rates and Charges
52.34  Basis for charges
52.35  Charges for water service
52.36  Billing; penalty for late payment
52.37  Fire hydrant rates
52.38  Special rates
52.39  Enforcement; liens
52.40  Shutting off or discontinuing service; turn-on charge
52.41  Free service prohibited
52.42  Estimation of rates; revisement
52.43  Operating basis
52.44  Revenues of system
52.45  Investments
52.46  Owner termination of service
52.47  Occupant Deposit
52.48  Enforcement


GENERAL PROVISIONS
§ 52.01  CONTAMINATION AND POLLUTION TO WATER SUPPLY WELLS.
(A)  The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated with in the City are required to connect to the municipal system for all potable water, provided that said water system is within 200 feet of the nearest property line of said premises.  This connection will be done in accordance with the provisions of this Ordinance and under direction of the Department of Public Works.  Pre-existing non-complying situations are required to be connected when extensive changes or repairs are needed.  It shall be unlawful for any person to engage in the drilling of water wells within the City.
(Ord. 252, passed 7-20-98)  Penalty, see §10.99

(B)  All abandoned wells shall be properly sealed according to the guidelines set forth by Part 127 - Act 368 of the Public Acts of 1978, as amended.
(Ord. 252, passed 7-20-98) Penalty, see §10.99

(C)  It shall be unlawful for any person, firm or corporation to construct or maintain or permit to be constructed or maintained, within a radius of 100 feet from any water well within the City, the water from which is used by any manufacturing plant processing milk or food or any municipal water well from which the City draws its supply, any source of possible contamination or pollution to the wells.
Ord. 62, passed 3-1-48; Am. Ord. 252, passed 7-20-98)

(D)  It shall be unlawful for any person, firm or corporation to do any act, or to allow to be done any act, that may contaminate or pollute or contribute to the contamination or pollution of the City wells.
(Ord. 62, passed 3-1-48; Am. Ord. 252, passed 7-20-98) Penalty, see §10.99


WATER SUPPLY CONNECTION
§ 52.14  REQUESTS FOR WATER SERVICE.
Any customer requesting an initial utility connection or a reconnection of service shall be present at the time service is to be turned on.
(Ord. 252, passed 7-20-98)

§ 52.15  ADOPTION OF STATE WATER SUPPLY CROSS-CONNECTION RULES.
The City adopts by reference the Water Supply Cross-Connection rules of the Michigan Department of Public Health being R325.431 to R325.440 of the Michigan Administrative Code.
(Ord. 128, passed 10-15-75)

§ 52.16  INSPECTION OF POSSIBLE CROSS-CONNECTIONS.
It shall be the duty of the Director of Public Works, or his designated representative, to cause inspections to be made of all property served by the public water supply where cross-connections with the public water supply is deemed possible.  The frequency of inspections and reinspection based on potential health hazards involved shall be as established by the City Department of Public Works and as approved by the Michigan Department of Public Health.
(Ord. 128, passed 10-15-75)

§ 52.17  RIGHT OF ENTRY FOR INSPECTION PURPOSES.
The Superintendent of the Department of Public Works, or his designated representative shall have the right to enter at any reasonable time any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping system or systems thereof for cross-connections.  On request the owner, lessees or occupants of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.  The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross-connections.
(Ord. 128, passed 10-15-75)  Penalty, see §10.99

§ 52.18  DISCONTINUANCE OF WATER SERVICE.
The City Department of Public Works is hereby authorized and directed to discontinue water service after reasonable notice to any property wherein any connection in violation of this subchapter exists, and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water supply system.  Water served to such property shall not be restored until the cross-connection or connections have been eliminated in compliance with the provisions of this subchapter.
(Ord. 128, passed 10-15-75)

§ 52.19  LABELING OF WATER OUTLETS.
(A)  The potable water supply made available on the properties served by the public water supply shall be protected from possible contamination as specified by this subchapter and by the State and County plumbing codes.
(Ord. 128, passed 10-15-75; Am. Ord. 252, passed 7-20-98) Penalty, see §10.99

§ 52.20  SUPPLEMENTARY TO OTHER REGULATORY CODES.
This subchapter does not supersede the State Plumbing Code and the Plumbing Code for the County but is supplementary to them.
(Ord. 128, passed 10-15-75)

§ 52.21  NEW CONSTRUCTION TO INSTALL BACKFLOW PREVENTERS.
All new construction commenced within the City limits of the City shall have backflow preventers installed as part of their basic water supply system.
(Ord. 128, passed 10-15-75)  Penalty, see §10.99

 RATES AND CHARGES

§ 52.34 BASIS FOR CHARGES.

(A)  A properly installed water meter approved by the City shall be used to determine the amount of water consumed for all establishments.  Penalty, see §10.99

(B)  Any new multi-unit establishment shall at the time of connection to the municipal water system either install a separate water meter or, at the City Manager's discretion on recommendation of the Public Works Supervisor, install a master meter for the establishment.
(Ord. 252, passed 7-20-98); Am. Ord 18-03, passed 10-24-18) Penalty, see §10.99

§ 52.35 CHARGES FOR WATER SERVICE.

(A)  Charges for water service to each premise within the City connected to the system shall be as prescribed by the most recent Resolution passed by the West Branch City Council that addresses water rates.  The structure of how charges for water services are calculated shall also be set by Resolution of Council, and said pricing structure may contain a ready-to-serve fee, fees related to debt service payments, tiered pricing based on meter size and/or gallons used, and any other price-setting mechanism that Council deems fair and viable.  

(B)  In September of each year, the City Council shall review current water rates and compare anticipated water revenues for the following fiscal year to anticipated water expenditures for the following fiscal year.  Capital improvement set aside amounts for water shall also be considered at that time.  Within 90 days of said annual review, the City Council shall vote to set the amount for capital improvement set asides for the water budget for the following fiscal year, with the Public Works Supervisor and City Manager providing recommendations regarding the same.  The amount for water capital improvement set asides approved by Council shall be utilized by the City Manager when creating the water budget for the following fiscal year.  The water capital improvement set aside amounts shall also be used by the Public Works Supervisor, the City Manager, and the Council to analyze whether current water rates are anticipated to generate enough revenue to cover all water expenditures for the following fiscal year, and if such an analysis indicates that revenues are not anticipated to cover expenditures for the following fiscal year, the City Council shall be required to have a vote within 30 days of such a determination to decide whether rates need to be adjusted, and if so, what the new rates should be set at.

 (C)  Prior to a Council vote to adjust water rates, a public hearing must be held on the matter with such public hearing being noticed at least 60 days prior to Council voting on the subject.

 (D)  Following the holding of such a duly noticed public hearing, the City Council may vote to set water rates via Resolution of Council.  Water rates set in this manner shall remain in effect until modified by a subsequent Resolution approved by Council, except that at the beginning of each fiscal year the water rates in effect at that time shall automatically be adjusted by the City Treasurer either up or down to reflect the increase or decrease of inflation calculated as “Consumer Price Index (CPI) Inflation” by the United States Department of Labor’s ‘Bureau of Labor Statistics.’  An example of how this automatic adjustment will occur is as follows: effective July 1^st of each year, without needing an additional vote of Council, water rates will be automatically adjusted by the percentage of CPI inflation for the period of January 1^st of the preceding year compared to January 1^st of the current year.  For instance, if inflation for the most recent year showed an increase of 1.8%, the City Treasurer would automatically increase water rates by 1.8% on July 1^st of that year, with no need for Council to vote on the matter.  However, the City Treasurer shall calculate whether water rates are going to be adjusted in such a manner during the preparation of each year’s annual budget, and shall include a presentation of such anticipated adjustment to Council during the formulation of each year’s budget, and the City Treasurer shall likewise ensure that a public hearing on the subject is noticed at least 60 days prior to such automatic adjustment taking effect so that the public is afforded an opportunity to be heard on the matter, and so that Council has an opportunity to request that such matter be placed on the agenda prior to it automatically taking effect in the event that the City Council should desire to set the water rates at some other amount via formal Council Resolution.

(E)  Any loss of water due to leakage, damage or other circumstances which causes higher than normal consumption may be appealed to the City Treasurer via procedures set by Administrative policy.  The City Treasurer’s determination on the matter may be appealed to the West Branch City Council provided that a written request for such an appeal is filed with the City Clerk within 30 days of the date upon which the City Treasurer’s determination was mailed to the last known address of the customer who filed the initial appeal.

(F)  A tap fee shall be paid by each customer making connection to the water system.  Such fee shall be established by Resolution of the City Council and is intended to cover the cost of physical connection to the system and the privilege of connecting to the system.

(Ord. 70, passed 7-7-52; Am. Ord. 157, passed 12-15-80; Am. Ord. 185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 252, passed 7-20-98; Am. Ord. 07-06, passed 12-3-2007; Am. Ord. 09-03, passed 9-8-2009; Am. Ord. 09-05, passed 10-5-2009; Am. Ord. 10-04, passed March 15, 2010; Ord. 11-02, passed 2-21-2011; Am. Ord 18-03, passed 10-24-18)  
 
§ 52.36  BILLING; PENALTY FOR LATE PAYMENT.
Effective January 1, 2019, or as soon thereafter as may be practicable, water bills shall be rendered monthly during each operating year and shall represent charges for the period immediately preceding the date of rendering the bill.  The bills shall be due and payable within 30 days from the date thereof and all bills not paid when due shall be deemed delinquent and a penalty shall be added thereto and become due and owing as a part thereof.  The amount of the penalty for late payments shall be set at the rate of 10% of the amount of such late billing for the year 2019, and may be modified thereafter by Resolution of Council.
(Ord. 185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 10-02, passed 2-1-2010; Am. Ord 18-03, passed 10-24-18) 
 
§ 52.37  FIRE HYDRANT RATES.
For water used through fire hydrants, the City shall pay a charge for each fire hydrant each year, which charge shall be paid annually in advance from the current funds of the City, or from proceeds of taxes which the City within constitutional limits, is hereby authorized and required to levy in an amount sufficient for that purpose.  The amount per fire hydrant that shall be paid each year shall be $135 for the year 2019, and may be modified thereafter by Resolution of Council.
(Ord. 185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 252, passed 7-20-98; Am. Ord 18-03, passed 10-24-18)  
 
§ 52.38  SPECIAL RATES.
For miscellaneous services for which a special rate should be established, such rates shall be fixed by Resolution of the City Council.
(Ord. 185, passed 12-1-86; Am. Ord. 217, passed 7-1-92; Am. Ord. 252, passed 7-20-98; Am. Ord 18-03, passed 10-24-18)  
 
§ 52.39  ENFORCEMENT; LIENS.
The charges for water services, which are under the provisions of Act No. 178 of the Public Acts of 1939, as amended, being M.C.L.A. §123.161 - 123.167 are made a lien on all premises served thereby, unless notice is given that a tenant is responsible, whenever any such charge against any piece of property shall be delinquent for six months.  The City official, or officials in charge of the collection thereof, shall certify annually, on April 1 of each year, to the tax assessing officer of the City, the fact of such delinquency, whereupon such charge shall be by him entered upon the next tax roll as a charge against such premises, and the lien thereon enforced in the same manner as general City taxes against such premises are collected, and the lien thereon enforced.  However, where notice is given that a tenant is responsible for such charges, as provided by Section 21, Act 94, Public Acts of Michigan, 1933, no further service shall be rendered such premises until a cash deposit of not less than $12 shall have been made as security for payment of such charges.  The cash deposit required of tenants shall equal the amount typically charged to a similar customer for six months of service.
(Ord. 185, passed 12-1-86;Am. Ord 18-03, passed 10-24-18)  
 
§ 52.40  SHUTTING OFF OR DISCONTINUING SERVICE; TURN-ON CHARGE.
In addition to other remedies provided, the City shall have the right to shut off and discontinue the supply of water to any premises for the nonpayment of water charges when due.  If such charges are not paid within 30 days after the first day of the month next succeeding the month in which such charges are billed, then water service to such premises shall be discontinued.  A warning notice shall be attached to the door of the premises affected prior to actual discontinuation of service.  A shut-off fee shall be added to the sum then due for notice of shut off.  Water services so discontinued shall not be restored until all sums then due and owing shall be paid, plus a turn-on charge.  Amounts to be charged for shut-off fees and turn-on charges shall be set by Resolution of Council.
(Ord. 185, passed 12-1-80; Am. Ord. 217, passed 7-1-92;Am. Ord 18-03, passed 10-24-18)  
 
§ 52.41  FREE SERVICE PROHIBITED.

No free service shall be furnished by the system to any person, firm or corporation, public or private, or to any public agency or instrumentality.
(Ord. 70, passed 7-7-52; Am. Ord 18-03, passed 10-24-18)  
 
§ 52.42  ESTIMATION OF RATES; REVISEMENT.
The rates hereby fixed are estimated to be sufficient to provide for the payment of the expenses of administration and operation and such expenses for maintenance and improvement of the system as are necessary to preserve the same in good repair and working order, to provide for the payment of the interest upon and the principal of all the bonds as and when the same become due and payable, and the creation of the reserve therefore required by this subchapter, and to provide for such other expenditure of funds for the system as this subchapter may require.  The rates shall be fixed and revised from time to time as may be necessary to produce these amounts, and it is hereby covenanted and agreed at all times to fix and maintain such rates for services furnished by the system as shall be sufficient to provide for the foregoing.
(Ord. 70, passed 7-7-52; Am. Ord 18-03, passed 10-24-18)  
 
§ 52.43  OPERATING BASIS.
The system shall be operated on the basis of an operating year commencing July 1 and ending on June 30.
(Ord. 70, passed 7-7-52; Am. Ord 18-03, passed 10-24-18) 
 
§ 52.44  REVENUES OF SYSTEM.
(A)  The revenues of the system are hereby ordered to be set aside, as collected, and deposited in a bank duly qualified to do business in the state, in an account to be designated Water Supply System Receiving Fund (hereinafter referred to as the Receiving Fund), and the revenues so deposited are pledged for the purpose of the following funds and shall be transferred from the Receiving Fund periodically in the manner and at the times hereinafter specified.

(1)  Operation and Maintenance Fund.

(a)  Out of the revenues in the Receiving Fund there shall be first set aside, quarterly, into separate depositary account designated Operation and Maintenance Fund, a sum sufficient to provide for the payment of the next quarter's current expenses of administration and operation of the system and such current expenses for the maintenance thereof as may be necessary to preserve the same in good repair and working order.

(b)  The City Council, prior to the commencement of each operating year, shall adopt a budget covering the foregoing expenses for each year, and such total expenses shall not exceed the total amount specified in the budget, except by a vote of five-sevenths of the members of the City Council.

(2)  Replacement Fund.  There shall next be established and maintained a separate depositary account designated as the Replacement Fund, which shall be used solely for the purpose of making major repairs, replacements, and improvements to the system for which funds in the Operation and Maintenance Fund are not available or sufficient.   There shall be deposited into that Fund, in quarterly installments, after providing for all requirements of the Operation and Maintenance Fund and the Bond and Interest Redemption Fund (including the Bond Reserve Account) all of the revenues of the system.  If at any time it shall be necessary to use moneys in the Fund for such purpose, the moneys so used shall be replaced from the net revenues in the Receiving fund which are not required by this subchapter to be used for the Operation and Maintenance Fund or the Bond and Interest Redemption Fund (including the Bond Reserve Account).

(B)  In the event the moneys in the Receiving Fund are insufficient to provide for the current requirements of the Operation and Maintenance Fund any moneys and/or securities in other funds of the system shall be transferred, to the Operation and Maintenance Fund to the extent of any deficit therein.
(Ord. 70, passed 7-7-52; Am. Ord 18-03, passed 10-24-18) )

§ 52.45  INVESTMENTS.
Moneys in the Bond and Interest Redemption Fund over and above those being accumulated for the payment of principal and interest next maturing and moneys in any other fund except the Receiving Fund and the Operation and Maintenance Fund may be invested in obligations of the United States of America.  In the event such investments are made, the securities representing the same shall be kept on deposit with the bank or trust company having on deposit the fund or funds which the purchase was made.  Income received from such investments shall be credited to the fund from which the investments were made.
(Ord. 70, passed 7-7-52; Am. Ord 18-03, passed 10-24-18)  
 
§ 52.46  OWNER TERMINATION OF SERVICE.
Property owners, according to City tax records, may remove their name from an account, and cause shut off of the water at their premises.  If the premises are not occupied by the owner, the occupant shall be given 14 days’ notice that the owner has requested that water services be terminated.
(Ord. 217, passed 7-1-92; Am. Ord 18-03, passed 10-24-18) 
 
§ 52.47  OCCUPANT DEPOSIT.
Water customers not property owners, according to the City tax records, shall pay a deposit as guarantee of payment to equal a two month estimated rate as determined by the City Treasurer.  Deposits shall be placed in escrow by the City Treasurer to guarantee payment of future water bills.  When an individual who has made such a deposit wishes to terminate water service, two methods of refund are available.  The depositor may pay all outstanding utility charges and receive a complete refund, or the depositor may allow outstanding charges to be deducted from the deposit and receive the balance as a refund.  Depositors shall not earn interest on deposits.
(Ord. 217, passed 7-1-92; Am. Ord. 252, passed 7-20-98; Am. Ord 18-03, passed 10-24-18) 
 
§ 52.48  ENFORCEMENT.
The charges for water services which are under the provisions of Act No. 178 of the Public Acts of 1939, as amended, being M.C.L.A.  §123.161 - 123.167 shall be a lien on all premises served thereby.  Whenever any such charge against any piece of property shall be delinquent for six months, the City official or officials in charge of the collection thereof shall certify annually, by May 15th of each year, to the tax assessing officer of the County, the fact of such delinquency, whereupon such charge shall be entered upon the next tax roll as a charge against such premises, and the lien thereon enforced in the same manner as general City taxes.  The City may institute suit before a competent court for the collection of such charges, and shall also have all powers and rights granted to cities by Act 178 of the Public Acts of 1939, as amended.  When a customer has made a two quarter estimated deposit into a City escrow account, as provided herein, delinquent amounts due to the City may be collected from that account as payment for water service.  The City shall make every reasonable attempt to return excess funds to the party making the original deposit.
(Ord. 217, passed 7-1-92; Am. Ord 18-03, passed 10-24-18) 

 CHAPTER 53:  GARBAGE

Section
53.01  Definitions
53.02  Curb carts
53.03  Storage and location of curb carts
53.04  Volume/weight restrictions
53.05  Excess volume/weight
53.06  Curb cart waivers
53.07  Collection of garbage or rubbish
53.08  Violations - City may remedy nuisance
53.09  Accumulations of garbage, rubbish, etc. - City may remedy nuisance
53.10  Penalty

§ 53.01  DEFINITIONS.
The following definitions shall be used for the purposes of this chapter:

CURBSIDE COLLECTION SERVICE means the method of garbage collection service employed by the City or contractor whereby the collection container is placed at or near the street right-of-way for pick-up.

CURB CART means the mobile cart, either 65 or 95-gallon volume, supplied by the City or contractor to each residence in the City and owned by the City or contractor.

DWELLING means any building which is wholly or partly used or is intended to be used for living by human occupants.

GARBAGE means household foot wastes and such other household wastes which result from the handling, preparing, cooking, serving or consumption of food (such as packaging, wrappers, napkins, etc.).

RUBBISH means any combustible or noncombustible household waste materials, except garbage, including but not limited to paper, rags, cartons, boxes, wood, excelsior, rubber, leather, plastics, tin cans, metal, automobile parts, mineral matter, glass crockery, dust and the residue from the burning of combustible materials.

OTHER ELIGIBLE PICK-UP means a non-residence generating less than a volume of 95 non-compacted gallons of rubbish per week and having an indoor or adequately screened location to store a curb cart in between pick-up.
(Ord. 246, passed 5-5-97)

§ 53.02  CURB CARTS.
65 and 95-gallon curb carts are the property of the City or contractor.  Each dwelling or other eligible pick-up will receive one curb cart per unit, up to a maximum of three carts per dwelling or other eligible pick-up.  Standard maintenance on carts will be performed by the City or contractor.   Standard maintenance includes repair of broken wheels, replacement of broken lids and replacement of carts broken or damaged through normal wear and tear or by action of the City or contractor.

Residents shall not deface or scar carts in any manner.  Residents abusing carts to a point that they cannot be re-deployed shall be held responsible for cart repair or replacement.

The City or contractor will provide up to one replacement cart to owners of dwellings or other eligible pick-ups who lose carts due to damage or theft.  Such replacement is limited to one during any five-year period.   Owners damaging or losing more than one cart will be charged for the replacement or repair of a second lost or damaged cart.  For purposes of cart replacement or repair, garbage collection shall be considered a municipally owned utility and charges for cart replacement or repair shall be collected from the owner of a real property supplied with garbage collection service pursuant to Sec. 13.4 of the City Charter.
(Ord. 246, passed 5-5-97)

§ 53.03  STORAGE AND LOCATION OF CURB CARTS.
No person, firm or corporation shall place, or allow to remain, on any property any garbage or rubbish container closer to the street right-of-way than the closest (to the street right-of-way) vertical roof-supporting member of the main structure on said property; provided, however, any person, firm or corporation who has curbside collection service may place the 65 or 95-gallon curb cart and/or official City garbage bags at curbside (or street side if there is no curb) for collection purposes only, but not earlier than 6:00 p.m. on the day preceding collection day.  A cart placed out for collection must be removed from the curbside (or street side if there is no curb) not later than 6:00 p.m. on collection day.

When carts and/or official City garbage bags are placed on curbside (or street side if there is not curb) pursuant to the above paragraph, they shall be placed so that the hinged side of the cart faces away from the street and within 5 feet of the edge of the traveled portion of the street.
(Ord. 246, passed 5-5-97)

§ 53.04  VOLUME/WEIGHT RESTRICTIONS.
No person shall overload the curb carts.  A cart is determined to be overloaded if the lid cannot be completely shut or if it contains greater than 100 lbs (65-gallon cart) or 150 lbs  (95-gallon cart).
(Ord. 246, passed 5-5-97)

§ 53.05  EXCESS VOLUME/WEIGHT.
Up to one 65 or 95-gallon cart per week will be collected from each dwelling or other eligible pick-up.  Volumes or weights exceeding the 65 or 95-gallon cart capacity must be in an official City bag or be identified with an official City tag.   Bags or tags will be made available by the City at costs to be determined from time to time by resolution of the City Council.  Residents using extra bags must store such bags in a watertight container or compartment until such time the bag or bags are placed at the curb for collection.

§ 53.06  CURB CART WAIVERS.
Residents qualifying for a curb cart waiver may be provided with an adequate supply of official City bags.   In order to quality, occupants or owners of dwellings or other eligible pick-ups must be physically unable to reasonably make use of the curb cart system.  Waivers may be granted by the City Manager upon application by the resident.  Residents granted a waiver must store bags in a watertight container or compartment until such time that the bag is placed at the curbside for collection.

§ 53.07  COLLECTION OF GARBAGE OR RUBBISH.
(A)  No garbage or refuse collection company operating in the City shall collect garbage or refuse from any property between the times of 10:00 p.m. and 5:00 a.m. the following day.

(B)  No garbage or refuse collection company shall deposit or allow to remain any garbage or refuse on public or private property within ten feet of public right-of-way.

(C)  Any garbage or refuse collection company engaging in curbside collection service in the City, and providing containers for their customers, shall identify said container by placing the company's name in legible letters thereon.
(Ord. 246, passed 5-5-97)

§ 53.08  VIOLATIONS - CITY MAY REMEDY NUISANCE.
If the placement of curb carts or official garbage bags is in violation of this chapter, such violation shall be declared an offensive nuisance [see City Charter Sec. 2.3 (o)] and the City Manager or their authorized representative may take all reasonable and necessary actions to correct the violation.  Such actions (which may be in addition to the issuance of civil and/or criminal citations) may include the entry upon private lands at reasonable times and under reasonable circumstances to relocate or empty neglected containers or to retrieve abandoned containers.

After said corrective action is taken, the City may bill the expense (including time fringe benefits, equipment, out-of-pocket and administrative costs) thereof to the owner or person in control of the property in violation of this chapter.  Failure to pay said bill shall result in collection of amounts due to the City as provided by Sec. 11.9 of the City Charter.
(Ord. 246, passed 5-5-97)

§ 53.09  ACCUMULATION OF GARBAGE, RUBBISH, ETC. - CITY MAY REMEDY NUISANCE.No person shall deposit or allow to remain on any property in the City any accumulation of garbage, rubbish, animal or human excrement, yard waste not contained in a controlled compost system or any other accumulation reasonably deemed an offensive nuisance [see City Charter Sec. 2.3(o)].  The City Manager or their authorized representative may take all reasonable and necessary action to correct the violation.  Such actions (which may be in addition to civil or criminal citations) may include the entry upon private lands at reasonable times and under reasonable circumstances to remove offending accumulations.  After said corrective action is taken, the City may bill the expense (including time, fringe benefits, equipment, out-of-pocket and administrative costs) thereof to the owner or person in control of the property in violation of this chapter.  Failure to pay said bill shall result in collection of amounts due to the City as provided by Sec. 11.9 of the City Charter.
(Ord. 246, passed 5-5-97)

§ 53.10  PENALTY.
Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.
(Ord. 246, passed 5-5-97; Am. Ord. 01-04, passed 6-18-01)

CHAPTER 54:  CEMETERY

Section
54.01  Title
54.02  Purpose and Intent
54.03  Definitions
54.04  Sale of Cemetery Plots; Nontransferable
54.05  Purchase Price for Cemetery Plots
54.06  Grave Opening Charges
54.07  Markers or Memorials, No Monuments
54.08 Interment Regulations
54.09  Disinterments
54.10  Winter Burials
54.11   Cremains
54.12  Grounds Maintenance
54.13  Disclaimer of City Liability and Responsibility
54.14  Forfeiture of vacant cemetery plots or burial spaces
54.15  Repurchases of Plots or Burial Spaces
54.16  Records
54.17  Vaults
54.18  Cemetery Hours
54.19  Prohibited Uses and Activities
54.20  Authority of the City Sexton
54.21  Fees
54.22  Applicability of this Ordinance
54.23  Interpretation/Appeals to the City Council
54.24  Authority of the City to Remove Unauthorized or Unlawful Items from a City Cemetery
54.25  Penalties
54.26  City Officials Who Can Enforce this Ordinance
54.27  Severability
54.28   Effective Date; Conflicts

54.01. Title

This Ordinance shall be known and cited as the “City of West Branch Cemetery Ordinance.”
(Ord. 18-01, passed 3-19-18)

54.02. Purpose and Intent

The City of West Branch recognizes and concludes that the proper and reasonable maintenance, appearance, and use of the cemetery or cemeteries owned or controlled by the City is an important function of the government of the City.  It is also important that burials, disinterments, and other matters associated with a municipal cemetery are handled in a respectful and proper way in order to promote the safety, public health, and general welfare of the community. The City finds that the adoption and enforcement of this Ordinance is in the best interests of the property owners and residents of the City.
(Ord. 18-01, passed 3-19-18) 

54.03. Definitions

(a)    A “cemetery plot” shall consist of an area in a City cemetery sufficient to accommodate burial space for one deceased person.  It shall consist of a land area at least forty-five (45) inches wide and one hundred and twenty (120) inches in length.  The sale of a cemetery plot grants right of burial only and does not convey ownership of the land or grant any additional property rights.

(b)    “City” means City of West Branch, MI.

(c)     “City cemetery” or “cemetery” means any cemetery owned, operated, and/or controlled by the City.

(d)    “Sexton” means the Department of Public Works Superintendent or others named by resolution of City Council.

(e)    A “marker” shall be considered a structure built in remembrance of a person or persons and marking the location of a person or person who is/are deceased.

(f)      A “monument” shall be considered a structure built for commemoration only and has no connection to the location of a person or persons who is/are deceased.

(g)    A “memorial” shall be considered a structure built to honor a person.
(Ord. 18-01, passed 3-19-18) 

54.04. Sale of Cemetery Plots; Nontransferable

(a)    After the effective date of this Ordinance, cemetery plots shall be sold by the City for the purpose of burial for the purchaser of a cemetery plot or his or her immediate family.  No sale shall be made to funeral directors or others, except for those acting as an agent for an eligible purchaser.

(b)    All sales and transfers of cemetery plots shall be made and signed by the designated City official, which grants a right of burial only and does not convey any other title or right to the cemetery plot or burial space sold. Such forms shall be signed by the City Clerk and shall constitute a complete agreement between the City of West Branch and the plot owner.  Proof of ownership for transfers may be required at the discretion of the City Clerk.

(c)     Cemetery plots may be sold to any resident or nonresident of the City.  Rates may be different for residents and nonresidents and shall be set by administrative act of the City Treasurer.  A resident is defined as a person who owns real property within the corporate limits of the City of West Branch according to tax records and has a valid State ID listing the real property as their principal residence at the time of purchase or a person who maintained their primary address and place of dwelling within the corporate limits of the City of West Branch for a cumulative total of at least 20 years.  City Council may adjust the rates for plots in special circumstances by passage of a City resolution.

(d)    Cemetery plots are not to be purchased for speculative purposes.  Sites are provided as a service to the public and individual profit or gain is not a purpose of the cemetery.  Therefore, all private sales of plots shall be made only to the City of West Branch for resale to members of the public at a preset price set by administrative act of the City Treasurer.  All burial rights shall contain language stating such and restricting the private sale of cemetery lots.

(e)    The City shall allow for purchase up to four (4) lots for their use or the use by immediate family members.  Members of the same immediate family which include the spouse and children under the age of 21 qualify as one resident for the purpose of this section.

(f)      The City shall have the right to correct any errors that may be made concerning interments, disinterments, or in the description, transfer, or conveyance of any cemetery plot, either by canceling the permit for a particular vacant cemetery plot or plots and substituting and conveying in lieu thereof another vacant cemetery plot or plots in a similar location within the cemetery at issue or by refunding the money paid for the cemetery plot to the purchaser or the successor of the purchaser.  In the event that an error involves the interment of the remains of any person, the City shall have the right to remove and transfer the remains so interred to another cemetery plot in a similar location in the same City cemetery in accordance with law.

(g)    The lawful owner of any cemetery plot shall be responsible for promptly notifying the City whenever that person’s mailing address changes.
(Ord. 18-01, passed 3-19-18) 

54.05. Purchase Price for Cemetery Plots

(a)    Prices for a cemetery plot are set by administrative act of the City Treasurer, and included in the fee schedule as reviewed and published annually.  Additional burial spaces on a purchased plot are available to be used for cremains or infant burials.  

(b)    All charges shall be paid to the City.
(Ord. 18-01, passed 3-19-18) 

54.06. Grave Opening Charges

(a)    The City may charge reasonable fees for the opening and closing of any cemetery plot, prior to and following a burial therein, and including the interment of ashes.  Such fees shall be set from time to time by administrative act of the City Treasurer, payable to the City.

(b)    No cemetery plot shall be opened or closed except under the direction and control of the City Sexton or such other individual as is designated by the Sexton.  This subsection B shall not apply to any grave opening, disinterment, or similar matter which is done pursuant to a valid court order or under the supervision and direction of local or state health department authorities; however, even in such cases, the City Sexton shall be given at least twenty-four (24) hours’ prior notice of when such grave opening or closing will occur.
(Ord. 18-01, passed 3-19-18) 

54.07. Markers or Memorials; No Monuments

(a)    Markers are allowed in any section of the Brookside cemetery except in the ’73 addition where only flush markers can be placed. 

(b)    One monument per gravesite is allowed except in the ’73 addition where monuments are not allowed. 

(c)     All markers, memorials, and monuments must be comprised of stone or other equally durable composition and shall face the same direction as the markers and memorials around them.

(d)    Any monument or marker shall be placed in accordance with the cemetery specifications.  No monument or marker is to be placed without first contacting the City sexton, or a designated representative, to insure compliance with this rule without incurring unnecessary re-setting costs.

(e)    Flush markers placed in memory of someone that is not buried in the cemetery are allowed.  The death certificate of the person must accompany the request for the markers along with a statement telling where the remains are located.

(f)      Except for monuments that existed in a City cemetery before the effective date of this Ordinance, no monument will be allowed or erected in a cemetery without written consent of the City Sexton.  For purposes of this Ordinance, “monument” shall be defined as any marker, memorial, statue, or similar item which exceeds thirty (30) inches in height above normal ground level or which has a ground surface area exceeding thirty-two (32) inches in width for a single marker or fifty-six (56) inches in width for a double marker. Only one (1) monument or marker shall be permitted per cemetery plot.  Markers shall be no more than thirty two (32) inches in width for a single marker or fifty six (56) inches in width for a double marker, with an overall height of no more than thirty (30) inches above ground level, including the foundation.  The placing of a monument may make a plot unusable for interment of a full burial depending on the size of the monument.

(g)    The footing or foundation upon which any marker, monument, or memorial must be placed shall be constructed by the City, or such person(s) as may be designated by the City.  Footing or foundation may be placed by a private party with prior written consent from the City Sexton. Fees for such work shall be set from time to time by administrative act of the City Treasurer, payable to the City.  All installations by private contractors are subject to the inspection of the Cemetery Sexton.  The City of West Branch will not be responsible for improper installation by private contractors.  Any repair or re-installation will be performed at the property owners’ expense.

(h)    Should any monument or memorial (including any monument or memorial that was in place before this Ordinance became effective) become unsightly, broken, moved off its proper site, dilapidated, or a safety hazard, the City Council shall have the right, at the expense of the owner of the cemetery plot, to correct the condition or remove the same. The City shall make reasonable attempts to contact the owner of the cemetery plot prior to any such work beginning.

(i)      The maintenance, repair, and upkeep of a cemetery memorial, marker, urn, or similar item is the responsibility of the heirs or family of the person buried at that location. The City has no responsibility or liability regarding the repair, maintenance, or upkeep regarding any such marker, memorial, urn, or similar item.
(Ord. 18-01, passed 3-19-18) 

54.08. Interment Regulations

(a)    The interment of two bodies in one grave is prohibited, except for a parent and infant child, or two (2) children buried at the same time, provided that this does not involve the burial of two caskets on top of each other, and does not encroach upon adjacent lots, graves, or aisles.  Up to two (2) cremains burials or one vault burial and one cremains burial may be placed on a plot instead of a traditional vaulted burial. 

(b)    The City shall be given not less than 36 hours’ prior notice in advance of any funeral to allow for the opening of the cemetery plot. Notification of burial for weekends and holidays must be made prior to 9 a.m. on the last regular work day before the weekend or holiday.  Notifications made after this deadline may be scheduled for the weekend or holiday at the discretion of the City Sexton. The opening and closing of cemetery plots shall be done only by the City or such person or persons as are designated by the City.

(c)     No internment shall take place without a burial-transit permit and shall be presented to either the City Sexton, City Clerk, or other designated City official prior to interment.  Either a burial permit or death certificate shall accompany cremation burials.

(d)    No plot shall be used for any other purpose than the burial of human remains.

(e)    In order to allow for the general care of the cemetery, the surface of all graves shall be kept in an orderly and neat-appearing manner within the confines of the cemetery plot involved.

(f)      Before any internment is made, complete payment including perpetual care fees for the plot must be made to the City.  Deferred payments on additional unused lots may be accepted for up to one year.  After that time, the City may make lots available for sale to the public without notification.  All payments made will then be forfeited unless other arrangements are made.
(Ord. 18-01, passed 3-19-18) 

54.09. Disinterments

(a)    No disinterment or digging up of an occupied grave shall occur until and unless any and all permits, licenses, and written authorizations required by law for such disinterment or digging up of an occupied grave have been obtained from any applicable state or county agency, governmental unit, or official and a copy of the same has been filed with the City.

(b)    The City Council shall have the authority to refuse to allow a disinterment or the digging up of an occupied grave (and to refuse to issue a City disinterment permit for the same) if the disinterment or digging up of an occupied grave is not done pursuant to a court order (issued by a court of competent jurisdiction) or does not have a reasonable basis.
(Ord. 18-01, passed 3-19-18) 

54.10. Winter Burials

(a)    The City may charge additional fees for winter burials and in which the additional fees will be set by administrative act of the City Treasurer.

(b)    If a winter burial cannot occur due to inclement weather, frozen ground, or similar condition, the deceased person may be kept in winter storage until a spring burial can occur. Written permission by the next of kin or authorized agent must be obtained prior to winter storage. All such winter storage costs shall be paid by the estate of the deceased person or the person’s next of kin.

(c)     No winter burials shall occur without the prior consent of the City Sexton.
(Ord. 18-01, passed 3-19-18) 

54.11. Cremains

(a)    Cremains may be buried in a cemetery plot

(b)    No cremains shall be scattered or dispersed within a City cemetery.
(Ord. 18-01, passed 3-19-18) 

54.12. Grounds Maintenance

(a)    The general care of the Cemetery is assumed by the City of West Branch Public Works Department and include the cutting of grass at reasonable intervals, the raking and cleaning of grounds, and the pruning of shrubs and trees that may be planted by the City of West Branch.

(b)    One shepherd hook with flowers per headstone is allowed from May 1^st to October 15^th of each year.  All other decorations must be on the headstone or foundation.  Anything other than the one Shepherds hook that is on the lawn areas will be removed and disposed of by the City maintenance crews.  The City assumes no responsibility for damage or theft of hooks or decorations.

(c)      Grave blankets may be placed and maintained at the head stones of graves from October 15^th to April 15^th.  If not removed by April 15^th, they will be removed and disposed of by the City maintenance crews.

(d)    Veteran flags and flag holders shall be governed by the Veteran’s Administration rules and guidelines.

(e)    No grading, leveling, or excavating within a cemetery shall be allowed without the prior permission of the City Sexton.

(f)      Absent written permission of the City Sexton, no flowers, shrubs, trees, or vegetation of any type shall be planted outside of an urn that is included as part of a monument or marker. Any of the foregoing items planted without City approval will be removed by the City.

(g)    The City reserves the right to remove or trim any existing trees, plants, or shrubs located within a cemetery in the interest of maintaining proper appearance and use of the cemetery.

(h)    Mounds, bricks, blocks, and any borders that hinder the free use of a lawn mower or other gardening apparatus are prohibited.

(i)      The City Sexton, or cemetery maintenance personnel shall have the right and authority to remove and dispose of any and all growth, emblems, displays, containers, and other items that through decay, deterioration, damage, or otherwise become or are unsightly, a source of litter, or a maintenance problem.

(j)      Surfaces other than earth or sod are prohibited.

(k)    All refuse of any kind or nature including, but not limited to, dried flowers, wreaths, papers, and plastic flower containers must be removed from the cemetery within two weeks after a burial.

(l)      No glass containers or items are allowed.

(m)  Except for markers, memorials, flowers, and urns expressly allowed by this Ordinance, and veteran flags as authorized by law, no other item (including, but not limited to, ornaments, signs, trellises, statues, benches, landscaping, bricks, stones, grave border materials or other structures) shall be installed or maintained within a City cemetery, nor shall any grading, digging, mounding, or similar alteration of the ground or earth occur except as authorized by this Ordinance or by the City.
(Ord. 18-01, passed 3-19-18) 

54.13. Disclaimer of City Liability and Responsibility

Every person who enters, remains in, and travels within a City cemetery does so at their own risk. The City is not responsible for any injury, accident, or other calamity that might occur to any person present in a City cemetery. Furthermore, the City is not responsible for any damage or vandalism to, theft of, or deterioration of any burial monument, headstone, flower urn, or other item placed at or near a cemetery plot, burial site, or anywhere in a City cemetery. The purchaser or transferee of any cemetery plot or the equivalent (and all subsequent transferees, assigns, heirs, or beneficiaries) hereby releases, waives, indemnifies, and holds harmless the City for, from, and against any injury, damages, causes of action, claims, costs, and expenses associated with, relating to, and/or involving the cemetery plot or similar right, any headstone, monument, or similar items, and any matter related to the cemetery involved. Such waiver, release, and hold harmless provision shall apply not only to the City, but also as to the City Sexton and any City employee, officer, official, or agent.
(Ord. 18-01, passed 3-19-18) 

54.14. Forfeiture of vacant cemetery plots or burial spaces

Cemetery plots or burial spaces sold and remaining vacant for fifty (50) years or more from the date of their sale shall automatically revert to the City upon the occurrence of the following events:

(a)    Notice shall be sent by the City Clerk by first-class mail to the last known address of the last owner of record informing him/her of the expiration of the 50-year period and that all rights with respect to said plots or spaces will be forfeited if he/she does not affirmatively indicate in writing to the City Clerk within sixty (60) days from the date of mailing of such notice of his/her desire to retain such burial rights; and

(b)    No written response to said notice indicating a desire to retain the cemetery plots or burial spaces in question is received by the City Clerk from the last owner of record of said plots or spaces, or his/her heirs or legal representative, within sixty (60) days from the date of mailing of said notice.
(Ord. 18-01, passed 3-19-18) 

54.15. Repurchases of Plots or Burial Spaces

The City may repurchase any cemetery plot from the owner for a price set by administrative action of the City Treasurer, upon the written request of said owner or his or her legal heirs or representatives.  The repurchase of cemetery plot must be inspected and authorized by the City Sexton that the plot has value to the City and is able to be offered for sale to the public before the purchase is approved.  
(Ord. 18-01, passed 3-19-18) 

54.16. Records

The City Clerk shall maintain records concerning all burials, cemetery plots, issuance of burial permits, and any other records of the City related to City cemeteries, and the same shall be open to public inspection during business hours.

(Ord. 18-01, passed 3-19-18) 

54.17. Vaults

(a)    All full burials shall be within a standard concrete vault (which meets all applicable laws) installed or constructed in each cemetery plot before interment. Vaults of other suitable materials may be allowed at the discretion of the City.

(b)    Vaults cannot be placed in the ground prior to death.
(Ord. 18-01, passed 3-19-18) 

54.18. Cemetery Hours

Unless otherwise specified by the City Council by resolution, all City cemeteries hours of access are limited to daylight hours.  When the cemetery is closed, no person shall be present in a City cemetery.  Such prohibition on being present in a City cemetery during the time when  City cemetery is closed shall not apply to the City Sexton, any City official, a person accompanied by the City Sexton or other City official, or any law enforcement or firefighting official when engaged in the lawful duties of any such office or position.
(Ord. 18-01, passed 3-19-18) 

54.19. Prohibited Uses and Activities

The following prohibitions shall apply within any City cemetery:

(a)    No person shall destroy, deface, apply graffiti to, or otherwise damage any monument, sign, tree, or other lawful item located within a City cemetery.

(b)    No person shall disturb the peace or unreasonably annoy, harass, or disturb any other person who is lawfully present on the grounds of any City cemetery.

(c)     There shall be no entry or presence in the cemetery by any person when the cemetery is closed or outside of authorized times.

(d)    There shall be no headstones, ornaments, vases, plastic flowers, fences, benches, trellises, statues, signs, or any other item placed, kept, installed, or maintained in a cemetery except those expressly allowed by this Ordinance.

(e)    There shall be no digging, grading, or mounding unless expressly authorized by this Ordinance.

(f)      There shall be no driving of an automobile, truck, motorcycle, or any vehicle on any portion of a cemetery except the designated roads or drives.

(g)    Vehicles shall be operated at reasonable speeds not to exceed 10 mph.  Except when parking or passing, vehicles shall be restricted to the designated lanes.

(h)    There shall be no snowmobiles, four-wheelers, go-carts, or similar vehicles, except those that are required for handicap purposes.

(i)      There shall be no gathering of persons in excess of 75 people without prior City approval (except during or incidental to a funeral occurring concurrent with burial).

(j)      There shall be no disinterment or grave openings unless approved by the City.

(k)    There shall be no music, playing of any radio, or the use of any amplification device or similar item, except pursuant to a funeral or military ceremony.

(l)      There shall be no solicitation or peddling of services or goods or any signs or placards advertising any goods or services.

(m)  There shall be no littering or dumping.

(n)    There shall be no unlawful interference with or disruption of a lawful funeral or funeral procession.

(o)    There shall be no private signs, lighting, moving displays, or changeable copy on a sign.

(p)    There shall be no fires, candles, or open flames.

(q)    No children under twelve (12) years of age shall be allowed in any City cemetery unless accompanied by an adult and are properly supervised by an adult.

(r)     There shall be no domestic animals of any kind or pets allowed within the cemetery grounds. However, this prohibition shall not apply to service dogs.

(s)     No firearms or archery arrows shall be discharged or shot except that a military or other veteran organizations may carry arms for the purpose of firing over the grave at the burial of a member.

(t)     No person shall engage in any fight, quarrel, or disturbance.

(u)     Cremains or ashes of a deceased person shall be only interred by manner approved in this ordinance.

(v)     No person shall possess or consume any alcoholic beverage.

(w)   There shall be no plowing off snow or ice from any area of the cemetery by anyone other than the City Department of Public Works.
(Ord. 18-01, passed 3-19-18) 

54.20. Authority of the City Sexton

(a)    The Sexton shall be the Superintendent of Public Works of the City or anyone else appointed by resolution of the West Branch City Council.

(b)    The City Sexton shall assist other City officials with the enforcement and administration of this Ordinance.

(c)     The City Sexton shall have such duties and obligations with regard to City cemeteries as may be specified from time to time by the City Council.
(Ord. 18-01, passed 3-19-18) 

54.21. Fees

The City Treasurer shall have the authority to set fees pursuant to this Ordinance from time to time by resolution.  Such fees can include, but are not limited to, a fee or fees for a burial permit, disinterment permit, grave opening, setting of foundations, grave closing, winter or holiday burial, the price for a new cemetery plot, transfer fees for cemetery plots, and other matters.

(Ord. 18-01, passed 3-19-18) 

54.22. Applicability of this Ordinance

(a)    This Ordinance shall apply only to cemeteries owned, controlled, or operated by the City.

(b)    The provisions of this Ordinance shall not apply to City officials, or their agents, or designees involved with the upgrading, maintenance, administration, or care of a City cemetery.

(c)     The provisions of this Ordinance shall not apply to police officers or firefighting officials or officers involved in carrying out their official duties.
(Ord. 18-01, passed 3-19-18) 

54.23. Interpretation/Appeals to the City Council

(a)    The City Council shall have the authority to render binding interpretations regarding any of the clauses, provisions, or regulations contained in this Ordinance and any rule or regulation adopted pursuant to this Ordinance, as well as their applicability. The City Council (or its designee) is also authorized to waive application of the strict letter of any provision of this Ordinance or any rules or regulations promulgated under this Ordinance where practical difficulties in carrying out the strict letter of this Ordinance or any rules or regulations related thereto would result in hardship to a particular person or persons or the public. Any such waiver, however, must be of such a character as it will not impair the purposes and intent of this Ordinance.

(b)    Any party aggrieved by any interpretation or decision made by the City Sexton or any City official, agent, or contractor pursuant to this Ordinance, as well as any matter relating to a City cemetery, rights to a cemetery plot, or other matter arising pursuant to this Ordinance, shall have the right to appeal that determination/decision or matter to the City Council. Any such appeal shall be in writing and shall be filed with the City within thirty (30) days of the date of the decision, determination, or other matter being appealed from. The City shall give the aggrieved party who filed the written appeal with the City at least ten (10) days’ prior written notice of the meeting at which the City Council will address the matter unless an emergency is involved, in which case the City shall utilize reasonable efforts to notify the aggrieved party who filed the appeal of a special or emergency meeting of the City Council at which the matter will be addressed. Pursuant to any such appeal, the decision of the City Council shall be final.

(c)     The City Council may set a fee or fees for any such appeal from time to time by resolution.
(Ord. 18-01, passed 3-19-18) 

54.24. Authority of the City to Remove Unauthorized or Unlawful Items from a City Cemetery

Any monument, marker, planting, trellis, personal item, urn, flowers or foliage (whether real or artificial), structure, flag (except for lawful veterans flags), or other item that has been placed, installed, left, or maintained in any City cemetery in violation of this Ordinance, any City rule or regulation regarding City cemeteries, or any county, state, or federal law, statute, or regulation may be removed by the City from the City cemetery at any time and destroyed or disposed of by the City without any prior notice to, permission from, or liability, or obligation to the person or persons who left, installed, maintained, or kept such item in the City cemetery.  No such item (including, but not limited to, a monument, marker, planting, trellis, personal item, urn, flowers or foliage, structure, flag, or similar item) can be installed, placed, maintained, or kept in a City cemetery unless expressly authorized by this Ordinance or a written rule or policy of the City.  Even if such an item is authorized to be installed, kept, maintained, or left in a City cemetery, the City shall still have the discretion to remove any such item at any time and dispose of the same without prior notice to, consent from or liability to the person or persons who installed, maintained, or left such item in a City cemetery.
(Ord. 18-01, passed 3-19-18) 

54.25. Penalties

A violation of this Ordinance (or of any rule or regulation adopted pursuant to this Ordinance) constitutes a municipal civil infraction.  Any person who violates, disobeys, omits, neglects, or refuses to comply with any provision of this Ordinance, or any permit, or approval issued hereunder, or any amendment thereof, or any person who knowingly or intentionally aids or abets another person in violation of this Ordinance, shall be in violation of this Ordinance and shall be responsible for a civil infraction. The civil fine for a violation of a municipal civil infraction for this ordinance shall be not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense and not less than two hundred dollars ($200) nor more than five hundred ($500) for subsequent offenses, in the discretion of the City Municipal Infraction Bureau or court, in addition to all other costs, damages, expenses, and remedies provided by law. For purposes of this section, “subsequent offense” means a violation of the provisions of this Ordinance committed by the same person within twelve (12) months of a previous violation of the same provision of this Ordinance or similar provision of this Ordinance for which said person admitted responsibility or was adjudged to be responsible.  Each day during which any violation continues shall be deemed a separate offense.  A violation of any permit or permit condition issued pursuant to this Ordinance shall also constitute a violation of this Ordinance.
(Ord. 18-01, passed 3-19-18) 

54.26. City Officials Who Can Enforce this Ordinance

Unless otherwise specified by the City Council by resolution, any officer of the law shall have the authority to enforce this Ordinance and to issue municipal civil infraction citations/tickets pursuant to this Ordinance:
 (Ord. 18-01, passed 3-19-18)

54.27. Severability

The provisions of this Ordinance are hereby declared to be severable and should any provision, section, or part thereof be declared to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall only affect the particular provision, section, or part thereof involved in such decision and shall not affect or invalidate the remainder of this Ordinance, which shall continue in full force and effect.
(Ord. 18-01, passed 3-19-18)

54.28. Effective Date; Conflicts

This Ordinance shall become effective fifteen (15) days after enactment nor before publication thereof. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
(Ord. 18-01, passed 3-19-18)