§ 62-39. Fire hydrants required.

(a)

The owner of any private property facility including, but not limited to, mobile home or recreational vehicle parks, apartment or condominium complexes or commercial/industrial developments located more than 150 feet from any existing fire hydrant and without public right-of-way access for the location or placement of a municipal/public fire hydrant shall be responsible for the installation of fire hydrants to serve such facility, in compliance with the most current edition of the city's fire code and the standards and specifications for the design and construction of public improvements.

(b)

The owner, lessee or manager of such private facility shall be responsible for the maintenance and painting of any private hydrant serving the facility in compliance with the most current edition of the city's fire code and the standards and specifications for the design and construction of public improvements. The persons designated herein shall also be responsible for keeping the area immediately adjacent to such hydrant, such area defined as a three-foot perimeter measured from the hydrant, free of any obstructions.

(c)

The owner, lessee or manager of such private facility shall notify the city's fire department within one-half hour of any water shut-off to the facility's private hydrant.

(d)

The owner, lessee and manager of such private facility shall maintain on the premises of the facility, current maps depicting the location of all water main shut-off valves. Additionally, such persons shall be responsible for providing a current copy of such map to the fire department.

(e)

The city manager, or designee, may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, enter upon any property for examination of private fire hydrants to ascertain if the same are in compliance with the provisions of this article. Such authority does not allow entry into any building or structure without consent, a court order or under other circumstances allowed by law.

(f)

When it is determined by the city that a private fire hydrant is not in compliance with the requirements of this article, the city shall cause written notice of the violation to be served or mailed to the owner, lessee or manager of such facility, directing compliance within 14 days of the date of the notice. In the event the owner, lessee or manager does not comply with the notice, the city may initiate an action in municipal court for violation of this article or the city may perform the required work at the expense of the property owner. Such expense shall include the cost of the work, plus 15 percent thereof for administrative costs.

(g)

Upon receipt of the statement of costs from the city, the city clerk shall mail a written notice to the owner of the property as last shown upon the county public records, by certified mail, return receipt requested, notifying the owner that work has been performed, stating the date of performance of the work, the nature of the work, and demanding payment of the cost plus 15 percent for administrative costs. The notice shall also provide that if the amount is not paid within 30 days of mailing the notice, it shall become an assessment upon and a lien against the property of the owner and will be certified as an assessment against the property.

(h)

The fire department, in accordance with its inspection plan (copies of which shall be maintained at the fire department and the city clerk's office) may, as it deems necessary, at the cost of the city, paint, lube and flush private fire hydrants.

(Code 1985, § 9-2-18; Ord. No. 10-09, § 12, 7-6-2010)