§ 28-240. Guarantees, rights, and responsibilities of district.

(a)

The district neither guarantees an uninterrupted supply of water nor water at any particular pressure for any purpose, but reserves and shall have the right for the department to shut off water in its mains at any time for the purpose of making repairs or extensions or for other purpose incidental to a public water supply, and will not be responsible for any damage resulting from a consumer leaving a faucet open; a water heater failing to hold and/or heat water; or any other damages otherwise caused by low pressure. The district shall in no case be liable or responsible to any persons whatsoever in case of fire, for any damage that may result from any alleged insufficiency of such fire protection, either from want of pressure or volume, accessibility, or for any other cause.

(b)

The department shall have the right to disconnect water service at the water main for the protection of the district or the consumer in cases where a building has been burned or torn down or seriously damaged by forces of nature, or in cases where the consumer has been found to be using water illegally or unlawfully, as provided herein; and to assess the regular schedule of fees for restoration of service.

(c)

The department shall have the right to disconnect water service from a premises for delinquency in payment of charges or fees to the department and to assess the regular schedule of fees for restoration of service.

(d)

The department shall have the right to disconnect water service from any premises where, on account of defective plumbing, improper or unauthorized installation of plumbing devices, or the like, it shall be deemed to be in the best interest of the health and safety of district customers to do so and to assess the regular schedule of fees for restoration of service.

(e)

The department shall have the right to disconnect water service from any multi-family residential structure where backflow prevention is required or other non-residential or commercial premises where, because the owner has failed to install or properly maintain a backflow prevention assembly, it shall be deemed to be in the best interest of the health and safety of district customers to do so and to assess the regular schedule of fees for restoration of service.

(f)

The district shall not be responsible for any loss of water or damages resulting from leaks, open faucets, or otherwise on the private property of a consumer at any time, including at the time a department employee restores water service to the premises, and shall be under no obligation to make adjustments for such leaks or resulting damages.

(g)

The department shall not be responsible for damage to any structures or landscaping that are located within utility easement boundaries on private properties, should access for operation, maintenance, or repair be required. The utility easement is to remain free from the erection or placement of any other structures such as fences, outbuildings and decorative rocks. Landscaping, other than turf grasses, is not recommended.

(Ord. No. 2005-19, § 5, 10-18-05)