Shelby council adopts ordinance letting city assign utility repair costs to property owners

The Shelby City Council on Nov. 5 adopted Ordinance 2024-02, a change to the city code that gives the city authority to assign the costs of certain utility repairs and emergency abatement to property owners who directly benefit.

The ordinance, described by Council member Pat Honeywell during the meeting, states the utility will own and maintain appurtenances, equipment and service lines on public property, in the right-of-way or in designated easements, and may enter private property to perform emergency abatement actions needed to repair or replace appurtenances or service lines essential to serving a customer. The text says the cost of furnishing, repairing or replacing any appurtenance or of conducting emergency abatement on private property "may be assigned or assessed to the owner of the property that directly benefits from these actions," and that the city's authority is limited only by specific prohibitions in state or federal law.

Pat Honeywell moved to pass the ordinance's first reading and waive the second and third readings; Jackie Hursey seconded. Honeywell then moved to adopt the ordinance, with Hursey again seconding. The council adopted the ordinance by roll call (all ayes). The ordinance includes an effective-date provision stating it takes effect after final passage, approval and publication as provided by law.

The change gives Shelby a clearer mechanism to address urgent utility failures that threaten public service or safety and clarifies when and how the city can recover costs. The text explicitly references limits imposed by state or federal law, but does not list any specific statutes beyond that qualification.

The ordinance text appears in the meeting record as Sections 6.7–6.9 of Chapter 6 of the City Code; the council declared the ordinance adopted and directed publication consistent with city procedures.