Chapter 10.16 — WATER AND ELECTRICITY

Sections:

10.16.010 Definitions.

10.16.020 Powers.

10.16.030 Enforcement.

10.16.050 Bookkeeping; Billing.

10.16.060 Nonreceipt, loss, destruction of bill—No time extension—Duplicate billing.

10.16.070 Authority to enter upon private property to enforce chapter.

10.16.080 Bills; Where and how payable.

10.16.100 Payment for service—Unpaid amount a lien on property—Procedure for collection.

10.16.110 Recycled water policy.

10.16.120 Use and distribution of recycled water.

10.16.190 Suspension of service for City purposes or for violation of law.

10.16.200 Damage caused by failure of equipment or by disconnection for failure to pay charges—Disclaimer of liability.

equipment—Corrective equipment subject to approval.

10.16.260 (Repealed by 5855, 4/29/03)

Installation of meters in series.

10.16.350 (Repealed by 5855, 4/29/03)

• City water supply — See California Government Code §§ 38730 — 38742.

The following terms wherever used in this chapter or in resolutions of the Council adopted pursuant hereto, except as otherwise specifically indicated by the context, shall have the meanings respectively set forth in this section, to wit:

.010 “City” is defined as the City of Anaheim.

.020 “Consumer” or “customer” means any person, whether owner, lessee or renter of real property, using electricity or water furnished by the City through meters or by contract.

.030 “General Manager” is defined as the General Manager of the Public Utilities Department or his or her designee.

.040 “Horsepower.” A unit of horsepower shall be determined by the amount of electric current necessary for the continuous operation of any electric equipment for one hour, based upon the consumption of seven hundred forty-six watts per hour.

.050 “Installation charge” means the charge made by the City as compensation for all labor and material furnished in making connection with any electric line, Potable Water main or Recycled Water main in the City, for electricity, Potable Water or Recycled Water to be furnished to any consumer.

.060 “Kilowatt hour” means the standard unit of measurement of electrical energy consumption

.070 “Potable Water” means water that meets the standards for human consumption set by applicable federal, state and local authorities.

.080 “Rates, Rules and Regulations” is defined as the rate structure of the Public Utilities Department and any rules and regulations as approved by the City Council.

.090 “Recycled Water” means water that is approved for purposes other than human consumption and meets the criteria set forth in Division 4 of Title 22 of the California Code of Regulations, as may be amended from time to time. Recycled Water does not include gray water.

.100 “Standby charge” means a minimum charge to be paid regardless of the amount of electricity or electrical energy consumed.

.110 “Size of pipe.” When any size of pipe is mentioned in this chapter or in any resolution adopted pursuant hereto, the same shall mean the nominal inside diameter of standard pipe, measured in inches and fractions thereof.

.120 “Water” means Potable Water and/or Recycled Water, except when used in the definition of Potable Water. (Ord. 4017 § 1 (part); June 5, 1979: Ord. 5855 §§ 4-7; April 29, 2003: Ord. 6194 § 1; November 16, 2010.)

All City Council actions investing any authority or powers previous to this section to the Utilities Director shall be determined vested in the General Manager of the Public Utilities Department. (Ord. 4017 § 1 (part); June 5, 1979.)

The General Manager is hereby directed to enforce the provisions of this chapter and the rates, rules and regulations of the Public Utilities Department. The General Manager is hereby authorized to delegate any of his or her powers under this chapter, with the sole exception of the power to adopt and promulgate rules and regulations, which power may not be delegated. (Ord. 4017 § 1 (part); June 5, 1979; Ord. 5855 § 8; April 29, 2003.)

Upon ascertaining the amount due the City for electricity and water furnished to the consumer, the Public Utilities Department shall render the consumer a bill for the amount due. The handing of a bill to such consumer in person, or the placing of the bill in an envelope addressed to the consumer at his or her last known address as furnished by the consumer to the Public Utilities Department, affixing the proper postage, and depositing the same in the course of transmission with the United States Postal Service, shall constitute "rendering a bill." (Ord. 4017 § 1 (part); June 5, 1979: Ord. 5855 § 9; April 29, 2003.)

BILLING.

Neither the nonreceipt of any bill nor its misplacement, loss or destruction before payment, shall constitute a claim by or in behalf of the consumer for any extension of time in which to make payment thereof. In case of nonreceipt, misplacement, loss, or destruction, duplicate bills will be furnished upon request to the Public Utilities Department. (Ord. 4017 § 1 (part); June 5, 1979.)

For the purpose of complying with or enforcing any of the provisions of this chapter, or for reading any meter or for installing, testing, changing, repairing, connecting or disconnecting any electric or water meter or service, any designated employee of the City of Anaheim is authorized to enter upon private property any day between the hours of seven a.m. and nine p.m. (Ord. 4017 § 1 (part); June 5, 1979; Ord. 5855 § 10; April 29, 2003.)

All bills for electricity and water furnished by the City shall be payable at the office of Collections of the Finance Department or such other payment sites as may be designated by the City. Payments shall be made by U.S. Mail, personal delivery or courier service, or by such telephonic, electronic, or other means as may be expressly provided or approved by the City. The City assumes no responsibility for payments made elsewhere or by other means. (Ord. 4017 § 1 (part); June 5, 1979: Ord. 5855 § 11; April 29, 2003.)

FOR COLLECTION.

Each applicant will be required to pay the constituted rates for electric, water, sewer, sanitation and sewage treatment

charges and be governed by the rates, rules and regulations of the Public Utilities Department adopted by the City Council. If the bill for such services is not paid in accordance with the Rates, Rules and Regulations of the Public Utilities Department, the amount of the bill may become a lien upon the property and be collected at the same time and in the same manner as all taxes on real property in the City. (Ord. 4017 § 1 (part); June 5, 1979.)

It is the policy of the City Council that Recycled Water, when determined available and cost-effective pursuant to the Rates, Rules and Regulations, shall be used for nonpotable uses within the City’s water service area, whenever those uses are consistent with the Rates, Rules and Regulations and all applicable federal, state and local laws. (Ord. 6194 § 2; November 16, 2010.)

The use and distribution of Recycled Water shall be in accordance with the Rates, Rules and Regulations and all applicable federal, state, and local laws, including, but not limited to, Titles 17 and 22 of the California Code of Regulations, as may be amended from time to time. (Ord. 6194 § 3; November 16, 2010.)

The City reserves the right at any time to shut off the electric or water service for the purpose of making extensions or repairs or for other purposes. The City may discontinue water or electric service to any premises which is being used in violation of any ordinance of the City or of any law of the State of California or of the United States and shall not be required to re-establish the service until the unlawful use ceases and the fee for reconnection has been paid. (Ord. 626 § 18: Ord. 1213; January 28, 1958.)

TO PAY CHARGES — DISCLAIMER OF LIABILITY.

Should the City fail to furnish electricity or water by reason of breakage of any wire, pipe or machinery or from any cause beyond its power or control, the City or any of its employees shall not be held responsible for any damage or if any consumer should fail to pay his bill within the time specified in the Rates, Rules and Regulations of the Public Utilities Department and any of the employees of the City disconnect the said electric and/or water service in compliance with this chapter and/or the Rates, Rules and Regulations of the Public Utilities Department, the City or its employees shall not be held responsible for any damages that might result from such disconnection. (Ord. 4017 § 1 (part); June 5, 1979.)

CORRECTIVE EQUIPMENT — CORRECTIVE EQUIPMENT SUBJECT TO APPROVAL.

In the case of welding transformers, neon lamps, mercury vapor lamps, fluorescent lamps and other gaseous tube lamps or devices having low power factors, served on general service schedules, the City may require the consumer to provide, at his own expense, power factor corrective equipment, to increase the power factor of any such transformer, lamps or other devices to not less than ninety percent. Such equipment shall be subject to the approval of the General Manager of the Public Utilities Department of the City of Anaheim, and shall be of such type as not to interfere with radio or wireless broadcasting or receiving apparatus. The City shall not be compelled to furnish electricity for the operation of any such transformers, lamps or devices unless such approved equipment has been installed and is used. (Ord. 4017 § 1 (part); June 5, 1979.)

10.16.260 (Repealed by 5855, 4/29/03)

Public or private fire hydrants connected to the City Potable Water system shall be operated only by the Public Utilities Department, Fire Department or a person who has obtained a permit from the Public Utilities Department. Any person desiring to use Potable Water through any public or private fire hydrant will be required to make a permit application and deposit as provided for in the Rates, Rules and Regulations of the Public Utilities Department. (Ord. 4017 § 1 (part); June 5, 1979: Ord. 6194 § 4; November 16, 2010.)

In the case of a fire necessitating the use of Potable Water from the City mains, no person shall use Potable Water from the mains if such use would prevent or hamper the extinguishment of such fires or the saving of adjoining property in the opinion of the Fire Chief or the General Manager of the Public Utilities Department or their designees. (Ord. 4017 § 1 (part); June 5, 1979: Ord. 6194 § 5; November 16, 2010.)

No person shall place on or about any hydrant or other fire hose connection, any building material or other obstruction so as to prevent free access to such hydrant or hose connection except as provided for in the Rates, Rules and Regulations of the Public Utilities Department. (Ord. 4017 § 1 (part); June 5, 1979.)

TO PAY — INSTALLATION OF METERS IN SERIES.

All electric and water meters and all materials and equipment installed by the Public Utilities Department shall remain at all times the property of the City; and where replacements, repairs, relocations or adjustments of any meter or equipment are rendered necessary by the act, negligence or carelessness of the consumer, any expense incurred by the City thereby shall be charged against and collected from the consumer. If the consumer fails to pay such charges upon demand, the electricity or water may be shut off until the charges are paid as provided in the Rates, Rules and Regulations of the Public Utilities Department. Meters shall not be installed in series. (Ord. 4017 § 1 (part); June 5, 1979.)

10.16.350 (Repealed by 5855, 4/29/03)

Any consumer desiring to change the location of any of the City's equipment that has already been installed for electric or water service shall make application in writing to the Public Utilities Department, and upon payment of the estimated cost of same, the Public Utilities Department shall cause change to be made. The City shall have the right to change the location of any meter or service equipment upon the property occupied by any consumer. (Ord. 4017 § 1 (part); June 5, 1979.)

PROMULGATED — VIOLATIONS OF SECTION — PENALTIES.

In the event a shortage of water becomes imminent, or if for any other reason it shall become necessary to temporarily curtail the supply of water furnished by the City, the General Manager shall formulate rules and regulations governing the hours and quantities of water to be used for sprinkling lawns and gardens, and such other rules and regulations as may be deemed requisite and equitable for governing the use of water furnished by the City, provided that such rules and regulations shall be subject to the approval of the Council.

In the event a shortage of electricity becomes imminent, or if for any reason it shall become necessary to temporarily curtail the supply of electricity furnished by the City, the General Manager shall formulate rules and regulations governing sign and show window lighting, and such other rules and regulations as may be deemed requisite and equitable for governing the use of electricity furnished by the City, provided that such rules and regulations shall be subject to the approval of the Council. (Ord. 4017 § 1 (part); June 5, 1979.)

The Council is authorized and empowered to sell and distribute any surplus or excess electricity or water outside the corporate limits of the City, in such amounts and by such means and at such rates as the Council may deem proper for the best interests of the City; provided that the rates to be charged for such services shall be fixed by resolution of the Council, and provided, further, that all such installations and services shall in all other respects be governed by the provisions of this chapter and by the Rates, Rules and Regulations of the Public Utilities Department. (Ord. 4017 § 1 (part); June 5, 1979.)

The City Council does hereby determine and declare that if the City, in its operation of its municipal public utilities, has developed an excess of water and/or electricity over and above the amount which is necessary for the use of the City and its inhabitants, the Council may, and it is authorized and empowered to sell and distribute any excess water or electricity outside the corporate limits of the City, on such terms as may be established and prescribed by the Council. (Ord. 4017 § 1 (part); June 5, 1979.)

REGULATIONS.

The General Manager of the Public Utilities Department may, from time to time, make reasonable rules and regulations not in conflict with this chapter, governing water and electric service, subject to the approval of the Council, and all consumers shall observe the same to the same extent as though set forth in this chapter. (Ord. 4017 § 1 (part); June 5, 1979.)

The Council shall, by resolution, establish rules and regulations for the installation charges to be collected by the Public Utilities Department for electric service to be connected to the distribution system of the City and establish rules and regulations for the installation charges for water installations, and the Council shall, by resolution, establish the rates to be charged by the Public Utilities Department for electricity and water furnished to consumers and for all services rendered in connection therewith including standby charges. (Ord. 4017 § 1 (part); June 5, 1979.)

In the event that any person owns or harbors any dog which bites or attacks or threatens to bite or attack any meter reader, inspector, officer or employee of the Public Utilities Department of the City of Anaheim while in the performance of his duties as

such, the Public Utilities Department shall have the right to discontinue all electric and water services to the premises where such dog is kept and not resume the same until the dog is disposed of or confined in such manner as to insure that it will not thereafter menace such meter reader, inspector, officer or employee.

Prior to discontinuance of electric and/or water service the Public Utilities Department shall notify the consumer where such dog is kept that the utilities may be discontinued in the event the consumer does not make arrangements with the City to insure the safety of such meter reader, inspector, officer or employee within a period of thirty days after receipt of such notice. (Ord. 4017 § 1 (part); June 5, 1979.)