City is trying to force me to master-submeter a park that already has individual meters

In 2013 I purchased an old (1970’s) park that has been on city water from the beginning. Because it is an old park, there have been many plumbing repairs made over time, including several on the main line which runs under the park owned paved road. I would say a leak has occurred at different prior fix locations perhaps once or twice a year. Apparently the city passed an ordinance about 5 years prior to my buying the park, where they can require owners to hire engineers etc to review the park water system, see if its up to current standards, make the repairs, then pay to have the repairs inspected etc.

The city just sprung this unknown ordinance on me saying because I did not comply, that I must now master-sub meter the entire 100+ pad park. The city attorneys office sent a 2 or 3 sentence letter simply saying I must comply. I have called several times, but they avoid my calls.

I called the Water Dept just to see what the master-submeter change over procedure would entail. They directed me to the public works dept. That dept just started to inspect the park’s water supply system, when they got notice from the city attorney’s office to shut down their work. IE, not to help or talk to me.

At this point, it appears that the City’s real intent may be to try to drive me out of business. IE not communicate with me to let their 1 month notice letter lapse, then pull the meters without coordinating with me, etc. NOTE: This is the only mobile home park close in to the city.

I am at a loss as to what to do. I don’t want a huge legal battle, but I cannot have the city just switching over without informing me of the procedure, timing etc.

I have zero experience in this master-submeter situation and would very much appreciate any help with the following:

  1. Is a standard water meter the same as a sub meter ie just called a different name.

  2. What lease provisions do I have to make to existing and new leases, to account for when water bill payment is due, what happens when late, when I can evict, etc.

  3. When do I have the right to shut off the water. I have 1 tenant I am trying to get rid of, but because of Coronavirus, the courts are pushing things out months. My fear, is he will either tamper with his meter or just turn on all the water inside the home and let the water drain, knowing I will be responsible to pay it. IE he knows he will be evicted, is behind in rent, so there is no way he will pay a water bill to me.

  4. Is it legal to shut off the water in a situation like #3, if the tenant is purposely doing this, whether at home or not.

  5. When should the meters be read, so that the tenants can pay at the normal rent due time at the beginning of the month.

  6. Do I have to get a permit to do a master-submeter setup.

  7. Do I have a right to have the existing system grandfathered in. IE I asked the city attorney this one question 2 weeks ago. Still no reply.

  8. What steps should I take next.

I am sweating bullets over this. Any comments or suggestions would be much apprecited, as I only have A 2 week fuse left.

Williamt,
Sounds like you are in the water business now!

I am working on adding a new master meter to a 120+/- community in Illinois. The engineering and construction of adding the master meter is not that difficult. You will likely have to cut into the existing main that comes into your community and add a new meter pit, valves and master meter. The 4" meter I am installing in Illinois is city provided at a cost of $7000, but with the other fittings and pit we are close to $20K pretty quickly.

Once the construction is inspected and approved by the City, you will own and be responsible for maintaining all of the water main on your side of the meter. The City will read the master meter and send one bill to you. I believe that you will also be responsible for checking water quality because the site is sub-metered, but I am not sure how that works in your area.

2 weeks isn’t enough to do all of that though. I would have an attorney send a response to the City’s attorney stating that you are working to hire an engineer and propose a schedule for completion of the construction. Remind the City attorney that these are City residents that they will be cutting off the water to.

Couple other items:
The city attorney has a boss too, so I am a huge fan of packing a Council meeting with residents in matching shirts, each speaking for 5 minutes at the podium.

If you do make all the onsite water mains private, the city should vacate their easements at their cost.

CITY ENFORCING A SINGLE MASTER METER

Your situation is not unique: We are helping more and more individual MHPs, when their individual meters are replaced with one main meter.

Typical municipality justification to eliminate individual home meters include:

  • Loss of revenue when meters get older (10 year life) Means the the municipality wants to bill you for more water (though a more accurate single main meter).
  • Service lines are now the responsibility of the owner.
  • Reading one meter is easier than manually reading individual meters.

I’ll try to answer your questions
1. Is a standard water meter the same as a sub meter ie just called a different name.
Standard residential meters (3/4 in) are basically the same as standard sub-meters.

2. What lease provisions do I have to make to existing and new leases, to account for when water bill payment is due, what happens when late, when I can evict, etc.
Conservatively the residents need a “Notice” of your intentions to charge for water and or increase rents.

3. When do I have the right to shut off the water. I have 1 tenant I am trying to get rid of, but because of Coronavirus, the courts are pushing things out months. My fear, is he will either tamper with his meter or just turn on all the water inside the home and let the water drain, knowing I will be responsible to pay it. IE he knows he will be evicted, is behind in rent, so there is no way he will pay a water bill to me.
In most cases you as the owner can not turn off a resident’s water (although the municipality could)

4. Is it legal to shut off the water in a situation like #3, if the tenant is purposely doing this, whether at home or not.
Same as above

5. When should the meters be read, so that the tenants can pay at the normal rent due time at the beginning of the month.
Depending on your state, Regulations will need to be followed. You will be either a regulated utility or a water re-seller.

6. Do I have to get a permit to do a master-submeter setup.
Same as above

7*. Do I have a right to have the existing system grandfathered in. IE I asked the city attorney this one question 2 weeks ago. Still no reply.*
Never heard of a mastered metered MHP being “Grandfathered In” Your individual meters are apparently obsolete and past their useful life (inaccurate)

8. What steps should I take next.

“We’re here to answer your sub-metering quests”