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G8-19 Ordinance No. G8-19 AN ORDINANCE AMENDING SECTION 14.04.380 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "LEAD WATER SERVICE PIPE REPLACEMENT" 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 Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.c.i thereof to read as follows: "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 use of a POU faucet- mounted water filter shall be required rather than a POU water filter pitcher when a POU faucet-mounted water filter provided by the City is compatible with the existing kitchen faucet at a metered property. The City shall also provide all property owners eight (8) 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." Section 2. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.c.iii thereof to read as follows: "iii. In addition, at a metered property when the property owner has elected not to proceed with the replacement of their portion of a lead water service pipe, the City shall offer the property owner and the occupants of the metered property voluntary testing of the water at the metered property for the presence of lead for a period of two (2) years following the completion of the replacement of the City portion of the water service pipe. Such voluntary tests will be available to the property owner or occupants of the metered property within thirty (30) days following the completion of the replacement of the City portion of the water service pipe, with re-tests available after 6 months, 12 months, 18 months,and 24 months. The person requesting the voluntary tests of the water for the presence of lead, whether the property owner or the occupants of the subject property, shall be responsible for the costs of such tests which costs shall be paid to the City in advance of the City conducting such voluntary tests." Section 3. That section 14.04.380 of the Elgin Municipal Code, 1976, as amended, entitled "Lead Water Service Pipe Replacement:" be and is hereby further amended by amending subsection B.2.d thereof to read as follows: "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 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 property owner fails to repay the loan balance or other charges in accordance with the terms of this chapter or the loan agreement." Section 4. 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 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. / ` _11 , // David J. Kapt.", M'or Presented: February 27, 2019 Passed: February 27, 2019 Vote: Yeas: 8 Nays: 0 :OF Et Recorded: February 27, 2019 � ci, . Published: February 28, 2019 : • o _ Attest ' 11 1. P( 4rte, • Kimberly Dewis, Clerk 2