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1997-60 AN ORDINANCE TO AMEND CHAPTER 38 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTIONS 38-40 (C), (D), (E), AND (F) THEREOF, PERTAINING TO CHARGES FOR OWNERSHIP AND MAINTENANCE OF WATER CONNECTIONS. BE IT ORDAINED, by the Council of the City of Portsmouth, Virginia: 1. That Section 38-40 (c), (d), (e) and (f), of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Sec. 38-40 Charges for ownership and maintenance of water connection. (c) Any existing water service connection, between the water main and the meter, which was installed prior to July 1, 1962, shall be owned by the owner of the premises served thereby and maintained by the owner of tenant of the premises, until such water service connection lying between the main and the meter shall require repair or replacement as evidenced by leakage or failure of the meter cut-off valve. At such time that leakage or failure of the meter cut-off valve occurs, permission for the Department of Public Utilities to repair or replace the water service connection, between the main and the meter, shall be presumed and ownership and maintenance of the water service connection, between the main and the meter, shall pass to the Department of Public Utilities upon completion of their actual repair or replacement of the water service connection, between the main and the meter. There shall be no charge to either the owner or tenant of the premises for the Department of Public Utilities' repair or replacement of the water service connection, between the main and the meter. (d) As provided in Section 38-5, no person, except the duly authorized agent of the City shall damage in any manner any pipe, apparatus, tool or fixture of the Department of Public utilities nor shall any person tamper with or attempt to or actually bypass the water meter or meter box of the Department of Public Utilities. Failure to conform to this standard shall constitute cause for the discontinuance of service. When such failure necessitates shutting off the water service at the tap cut-off valve, the owner of .the premises shall pay the cost thereof and the cost of restoring service before service shall be restored by the Department of Public Utilities. Such cost shall be set by the Director of Public utilities to reasonably cover the average cost of the shut off and restoration including any street, curb or other repair involved.