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HomeMy WebLinkAboutG69-18 Ordinance No. G69-18 AN ORDINANCE AMENDING CHAPTER 14.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "WATER REGULATIONS"PROVIDING FOR A LEAD WATER SERVICE PIPE REPLACEMENT PROGRAM WHEREAS, the City Council of the City of Elgin has determined that it is prudent and desirable to institute programs relating to the replacement of lead water service pipes within the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled"Lead Service Line Replacement,"be and is hereby further amended to read in its entirety as follows: "14.04.380: LEAD WATER SERVICE PIPE REPLACEMENT: A. Voluntary Lead Water Service Pipe Replacement Program. 1. The City offers a voluntary program where it may share the cost of replacing a lead water service pipe with residential property owners. Under the program,the residential property owner shall be responsible for replacing the water service pipe running from the metered property to the shutoff valve for the property. This work must be done by the property owner at his or her sole costs and expense. The City will replace the shutoff valve and the water service pipe running from the shutoff valve to the connection at the water main located in the street. 2. Property owners participating in the program shall coordinate the installation of their portion of the water service pipe with the installation of the City's portion of the water service pipe, unless otherwise approved by the City in writing. Coordination and completion of the work shall depend upon the operational needs of the City and other work performed by the City's water department employees, at the City's sole discretion. 3. This voluntary program will only replace a lead water service pipe. All new water service pipes shall comply with the requirements of section 14.04.020 of this chapter with respect to size, materials and installation. 4. Where the existing water service pipe is smaller than the City's current minimum water service pipe size requirements,the existing water service pipe shall be replaced with a water service pipe meeting the City's minimum size requirements. Where the existing water service pipe is larger than the City's current minimum water service pipe size requirements, the City shall determine the appropriate size of the new water service pipe. If the property owner seeks to increase the size of the water service pipe to a size 1 that is larger than the existing size and larger than the City's current minimum water service pipe size requirements, they can only do so at their sole cost and expense, and are responsible for the quality of the work performed. A property owner increasing/upgrading the size shall be responsible for the cost of replacing the entire length of the water service pipe running and connecting from the metered property to the water main. 5. The property owner must hire a licensed plumber to perform the water service pipe replacement between the metered property and the shutoff valve. The selected plumber must satisfactorily perform and complete the water service pipe replacement between the shutoff valve and the metered property, including but not limited to securing all required permits, inspections, and approvals. The City will not be responsible for the means and methods of any of the residential property owner's work, or the work done by the plumber selected by the owner or any of the owner's contractors or agents. B. Lead Water Service Pipe Replacement Program and Annual Water Main Replacement Program. 1. As part of the City's water main replacement program, where the City is engaged in a water main replacement project and encounters lead water service pipes, the City will replace the portion of the water service pipe from the water main to and including the shutoff valve. The replacement of this portion of the water service pipe will be done at the City's expense. 2. Where a City water main replacement project occurs on a residential property owner's block and the property owner's portion of the water service pipe is based upon available information reasonably believed to be lead and connects to the water main being replaced, the City shall so advise the property owner of the potential presence of the lead water service pipe and present the property owner with the following three (3) options: a. The property owner may elect to independently replace the lead water service pipe connecting the shutoff valve to the metered property. Such replacement shall be at the property's owner's sole costs and expense, and the property owner may select a licensed plumber of his or her choosing. i. Property owners shall coordinate the installation of their portion of the water service pipe to coincide with the City's installation of the City's portion of the water service pipe as part of the City water main replacement project, unless otherwise approved by the City in writing. The selected plumber must satisfactorily perform and complete the water service pipe replacement between the shutoff valve and the metered property, including but not limited to securing all required permits, inspections and approvals. The City will not be responsible for the means and methods of any of the residential property owner's work, or the work done by the plumber selected by the owner or any of the owner's contractors or agents. 2 ii. All new water service pipes shall comply with the requirements of section 14.04.020 of this chapter with respect to size, materials and installation. Where the existing water service pipe is smaller than the City's current minimum water service pipe size requirements,the existing water service pipe shall be replaced with a water service pipe meeting the City's minimum size requirements. Where the existing water service pipe is larger than the City's current minimum water service pipe size requirements, the City shall determine the appropriate size of the new water service pipe. b. The City will offer a loan to the property owner for the replacement of the lead water service pipe connecting the shutoff valve to the metered property, in accordance with the following terms and conditions: i. For purposes of this section, "low and moderate income" means household income that does not exceed eighty percent(80%) of the area median income, adjusted for household size, based upon the then-current income limits published from time to time by the U. S. Department of Housing and Urban Development. ii. Property owners seeking to obtain a loan shall be required to enter into a written loan agreement, in a form to be approved by the City's corporation counsel. iii. The money loaned for replacement of the lead water service pipe will be up to the amount of the cost to replace the lead water service pipe, but shall not exceed four thousand eight hundred dollars ($4,800.00). For property owners of low and moderate income,the loan shall be payable in full back to the City over a period not to exceed one hundred twenty (120) months. For all other property owners, the loan shall be payable back to the City over a period not to exceed sixty(60) months. The property owner shall be responsible for any costs or expenses in excess of the loan amount. iv. The loan will have a one-time service fee of$50.00, which will be applied to each loan. v. For property owners of low and moderate income,the loan repayment shall be charged as a forty dollar ($40.00) per month charge that will appear on the property owner's monthly City water utility bill until the loan amount is paid off in full. For all other property owners,the loan repayment shall be charged as an eighty dollar($80.00)per month charge that will appear on the property owner's monthly City water utility bill until the loan amount is paid off in full. The first billing statement of the repayment period will include the one-time service fee of $50.00, in addition to the loan repayment amount. All loan repayment amounts or loan service fees are in addition to all other regular City utility bill charges. 3 vi. The property owner must hire a licensed plumber from a prequalified list of plumbers,to be provided by the City. The property owner must obtain at least two written quotes from the prequalified list of plumbers, and shall select the lowest quote for the replacement work. Property owners shall coordinate the installation of their portion of the water service pipe to coincide with the City's installation of the City's portion of the water service pipe as part of the City water main replacement project, unless otherwise approved by the City in writing. The selected plumber must satisfactorily perform and complete the water service pipe replacement between the shutoff valve and the metered property,including but not limited to securing all required permits,inspections and approvals. The City will not be responsible for the means and methods of any of the residential property owner's work,or the work done by the plumber selected by the owner or any of the owner's contractors or agents. vii. All new water service pipes shall comply with the requirements of section 14.04.020 of this chapter with respect to size, materials and installation. Where the existing water service pipe is smaller than the City's current minimum service pipe size requirements, the existing water service pipe shall be replaced with a water service pipe meeting the City's minimum size requirements. Where the existing water service pipe is larger than the City's current minimum service pipe size requirements, the City shall determine the appropriate size of the new water service pipe. viii. To be eligible for loan consideration under this subsection, a residential property owner must be current in paying any charges owed to the City. The property must have an operable automatic meter reading (AMR) water meter pursuant to section 14.04.075 of this chapter. ix. The loan amounts shall be considered a part of the property owner's water service for all purposes under this chapter, including the penalties and/or remedies for nonpayment, which include but are not limited to the shutoff or disconnection of water service. The City expressly reserves the right to shutoff or disconnect water service, or to take any other actions as provided for under the Elgin Municipal Code or state law, if a property owner fails to repay the loan balance in accordance with the terms of this chapter or the loan agreement. x. There shall be no interest charged to the property owner for the loan if it is repaid in accordance with the terms of this ordinance and the written loan agreement. Notwithstanding the foregoing, in the event the property owner does not make any loan payment by the date on which it is due, the property owner shall be subject to the provisions of this chapter relating to late payments, including but not limited to the imposition of late payment charges pursuant to subsection 14.04.230.D. The provisions in this subsection are in addition to and without limitation upon any other remedies available to the City. 4 xi. The entire unpaid balance of any loan must be repaid in full prior to or concurrent with any sale, conveyance, or transfer of the underlying property. Such repayment of the full amount of any unpaid loan balance shall be a condition to the issuance of a City transfer stamp. In addition, any loan under this section shall constitute a lien that shall be recorded against the underlying property in conjunction with the execution of the loan agreement. c. In the event a property owner does not elect to proceed with the replacement of the lead water service pipe connecting the shutoff valve to the metered property under subsection 14.04.380.B.2.a or 14.04.380.B.2.b, or if the City approves the nonconcurrent installation of a property owner's portion of their lead water service pipe under subsection 14.04.380.A.2, 14.04.380.B.2.a.i, or 14.04.380.B.2.b.vi, or for an emergency water main or water service pipe repair under subsection 14.04.380.C,the following requirements shall apply: i. All occupants of the metered property, including without limitation all residents, tenants, guests, and invitees, shall be required to either consume bottled drinking water at the premises or to utilize a point of use (POU) water filter pitcher or faucet-mounted water filter for any water to be consumed from the premises for a period of not less than two (2) years following the replacement of the water main and the City portion of the water service pipe for the metered property. The City shall provide property owners electing not to replace their lead water service pipes with a POU filter pitcher or faucet- mounted water filter. The City shall also provide all property owners four(4) filter replacement cartridges per dwelling unit. It shall be the responsibility of the property owner and/or occupants to follow the POU water filter pitcher or faucet-mounted water filter use instructions, including but not limited to the replacement of filter cartridges in accordance with the manufacturer's recommendations. In addition, it shall be the responsibility of the property owner to ensure compliance with the provisions of this subsection. In circumstances where the property owner is not an occupant of one or more dwelling units at a metered property, it shall be the responsibility of the property owner to provide the occupants of each dwelling unit with the water filter pitcher or faucet-mounted water filter and all replacement cartridges provided by the City and, in addition, to provide the occupants of each dwelling unit with written notice of the requirements of this subsection 14.04.380.B.2.c.i. ii. In addition, the property owner shall be required to sign an acknowledgement in a form to be approved by the corporation counsel providing, without limitation,that the property owner has been advised that the property is served by a lead water service pipe, that the property owner has been provided with information from the City concerning the continued utilization of lead water service pipes, and that the property owner has elected to not replace the lead water service pipe under one of the options provided by the City. Such 5 acknowledgement shall also require the property owner to agree for all occupants to consume bottled drinking water or utilize a point of use (POU) water filter pitcher or faucet-mounted water filter for any water to be consumed from the premises for a period of not less than two(2)years in accordance with subsection 14.04.380.B.2.c.i. iii. In addition,property owners that elect not to proceed with the replacement of their portion of a lead water service pipe shall consent to the testing of the water at the metered property for the presence of lead, and shall grant the City or its designee access to the metered property in order to perform such testing. The metered property shall be tested within thirty (30) days following the completion of the replacement of the City portion of the water service pipe, and shall be re-tested after 6 months, 12 months, 18 months, and 24 months, such that there will be five tests in total. The property owner shall be responsible for the costs of such tests, and will be a charge on the property owner's monthly City water utility bill. iv. In circumstances where the property owner is not an occupant of one or more dwelling units at a metered property and elects not to proceed with the replacement of their portion of a lead water service pipe, it shall be the responsibility of the property owner to provide written notice to all residents, tenants, and other known occupants of the metered property of the property owner's election under this section. Said written notice shall include a copy of the acknowledgement referred to in subsection 14.04.380.B.2.c.ii above. The property owner shall further be required to provide the City with written evidence documenting that it has provided said written notice and a copy of the acknowledgement to the occupants within thirty (30) days of the property owner making its election under this section. In addition, the property owner shall provide the same written notice and copy of the acknowledgement to any new residents,tenants and/or occupants for a period to two(2)years following the completion of the replacement of the City portion of the water service pipe prior to executing any leases with respect to the metered property or otherwise allowing the occupancy of the metered property, and to provide the City with written evidence documenting the same. d. For owners of metered properties where the City has permitted the billing of a nonowner customer or customers for water utility charges, said property owners shall be billed directly and be solely responsible for any loan repayment amounts and/or any other charges, including water testing charges, under this section 14.04.380. Any loan repayment amounts or other charges under this section shall be considered a part of the property owner's water service for all purposes under this chapter,including the penalties and/or remedies for nonpayment,which include but are not limited to the shutoff or disconnection of water service. The City expressly reserves the right to shutoff or disconnect water service, or to take any other actions as provided for under the Elgin Municipal Code or state law, if a 6 property owner fails to repay the loan balance or other charges in accordance with the terms of this chapter or the loan agreement. 3. The selection of one of the three options provided for in subsection 14.04.380.B.2 by a property owner is mandatory. The failure of a property owner to timely select one of the three options shall constitute a violation of this chapter, and shall subject the property owner to any penalties and/or remedies arising from such violation, including but not limited to the shutoff and disconnection of water service to the property. C. Emergency Water Main or Water Service Pipe Repairs. In the event that the City is required to repair a portion of the water main or the City portion of a water service pipe on an emergency basis due to a leak or other unforeseen circumstance and the City identifies a lead water service pipe at a metered property, the City shall provide notice of the same to the property as soon as reasonably practicable under the circumstances. The City shall further advise the property owner of the provisions of this section, and shall present the property owner with the three (3) options for addressing the lead water service pipe set forth in subsection 14.04.380.B.2. The property owner shall have six(6)months from the date of the notice to elect one of the three options; provided,however,that during the time from the date of the notice until the property owner selects one of the options, the property owner shall be required to comply with the requirements of subsection 14.04.380.B.2.c. The selection of one of the three options provided for in subsection 14.04.380.13.2 by a property owner is mandatory. The failure of a property owner to timely select one of the three options shall constitute a violation of this chapter, and shall subject the property owner to any penalties and/or remedies arising from such violation, including but not limited to the shutoff and disconnection of water service to the property." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. zlov" L' David J. K am,-Xayor 7 Presented: December 19, 2018 Passed: December 19, 2018 Vote: Yeas: 8 Nays: 0 Recorded: December 19, 2018 Published: December 20, 2018 ytte Kimberly Dewis, Uy Clerk 8