Chapter 5 — WATER SYSTEM

Section

6-5.01 Rates

6-5.02 Rates and service; County Housing Authority

6-5.03 Due dates for bills

6-5.04 Delinquencies

6-5.05 Bills; allowances for nonoccupancy

6-5.05.1 Additional charges

6-5.06 Use of same service by more than one consumer

6-5.07 Use of water by others

6-5.07.5 City exclusive provider

6-5.08 Application for service

6-5.08.5 Automatic meter reading devices

6-5.09 Disconnections and reconnections

6-5.09.5 Tampering; administrative penalty

6-5.10 Waste of water

6-5.11 Metered service; establishment of credit

6-5.12 Deposits

6-5.14 Metered service; more than one customer on one connection

6-5.15 Installation of meters

6-5.16 Meter replacement

6-5.17 Meter tests

6-5.17.1 Meter re-reads

6-5.18 Installations, service connections, and fees

6-5.18.1 Contra Costa Water District; collection of facility reserve charges

6-5.19 Service connections with manufacturing and industrial plumbing

6-5.20 Use of water for building purposes

6-5.21 Maintenance of service pipes

6-5.22 Maintenance of fixtures and boilers

6-5.23 Installation of new plumbing

6-5.24 Tapping mains and altering pipes

6-5.25 Obstruction of hydrants, water meters or other water service equipment

6-5.26 Turning water off at street cocks

6-5.27 Attachment of wires to plumbing

6-5.28 [Reserved]

6-5.29 [Reserved]

6-5.30 Tampering with fire hydrants

6-5.31 Right of entry

6-5.32 Right to shut off water mains

6-5.33 Penalty

6-5.34 [Reserved]

6-5.35 Water used outside the city

6-5.36 Fire protection water service standby charges

6-5.37 Water wells

6-5.38 Unmetered service; restrictions

(A) Established. The rates charged for water service shall be as designated by resolution as adopted by the City Council from time to time.

(B) Exceptions. The rates established by resolution shall not apply to customers that enter into special contracts or agreements with the city for the provision of water.

(C) Special exemption; qualifying senior citizens.

(1) Residents of the city who qualify as set forth in this division shall be exempt from the monthly service charge for five-eighths inch by three-fourths inch and one-inch meters.

(2) The requirements for exemption shall be as follows:

(a) Sixty-two years of age or older or disabled as established by the Social Security Administration Supplemental Income Program for the aged, blind, and disabled; and

(b) 1. Household income as specified in the master fee resolution or less. HOUSEHOLD INCOME means the gross income as indicated on the State Income Tax Return. In the case of a

husband and wife, it is the amount indicated on their joint return or the sum of the amounts indicated on their individual returns.

2. The household income levels may be amended from time to time by the master fee resolution.

(3) Claims for exemption shall be filed with the Finance Department between May 1 and June 30 of each year. The exemption shall apply to monthly service charges for the fiscal year between July 1 through June 30 immediately following the claim filing period. Claims shall be submitted on forms provided by the city, and all statements thereon shall be made under oath and subject to the penalties of perjury. The Finance Department may require such additional evidence as it deems necessary or appropriate in processing such claims. Any change in the qualification status of the claimant during the fiscal year of the exemption shall be immediately reported by the claimant to the Finance Department.

(4) The exemption shall be limited to service charges paid for the residence dwelling occupied by the claimant and shall apply only when the claimant contributes over 50% to the financial support

of the household; and shall apply only to residents who obtained the exemption prior to April 26, 2011.

(‘66 Code, § 6-5.01) (Ord. 76-A, passed 12-17-23; Am. Ord. 766-C-S, passed 12-28-89; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 850-C-S, passed 8-13-92; Am. Ord. 2103-C-S, passed 5-12-15)

The County Housing Authority shall furnish and install the water distribution system within a project. The city shall bill the Housing Authority directly for consumption of water as registered through the single supply meter at the rates established by resolution. Charges for various services shall also be established by resolution.

(‘66 Code, § 6-5.02) (Ord. 76-A, passed 12-17-23; Am. Ord. 164-A, passed 2-24-42; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 2103-C-S, passed 5-12-15)

Invoices or bills for water service are due and payable upon receipt. Any such invoice or bill which is not paid within 15 days shall be delinquent.

('66 Code, § 6-5.03) (Ord. 76-A, passed 12-17-23; Am. Ord. 109-C-S, passed 2-25-70; Am. Ord. 817-C-S, passed 7-11-91) Penalty, see § 6-5.33

(A) Shutoff of water. A penalty charge of 5% shall be assessed against those charges representing the water used and service charge if the bill is not paid when due. A shutoff notice shall be provided at the delinquency threshold set forth by resolution when the city shall disconnect the premises from the water system if the bill is not paid. The city is authorized to make such disconnection, and the water shall remain shut off until payment of the amount is made, together with any service charges or late penalty charges as designated by resolution.

(B) Deposit may be required. The Finance Department may require a customer to post a deposit prior to the commencement of water service as specified in § 6-5.12. Such deposit shall be returned to the customer, or credited upon his account at closing, or as soon thereafter as is practicable, if the customer is not delinquent.

(C) Absorption of deposit. If a customer who has made a cash deposit fails to pay a bill for metered service, the Finance Department may apply the deposit insofar as necessary to liquidate the bill and may require that the deposit be restored to its original amount.

(D) Change of residence. When a consumer has moved from one premises to another without having paid an undisputed water bill after being asked to pay the same, the Finance Department may refuse to supply such consumer at his new premises until such undisputed bill has been paid.

(E) Disputes. A dispute regarding a bill shall not justify nonpayment, underpayment or delay in payment. Disputed bills shall be paid when due. Requests for investigation of a disputed bill shall be made in writing. If a dispute is resolved in favor of the consumer, a refund or credit shall be made.

(‘66 Code, § 6-5.04) (Ord. 76-A, passed 12-17-23; Am. Ord. 405-C-S, passed 7-12-79; Am. Ord. 516-C-S, passed 3-11-82; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 919-C-S, passed 6-11-96; Am. Ord. 2013-C-S, passed 5-12-15)

Cross-reference:

Disconnection for late payment, see § 6-4.211

No allowance shall be made in water bills by reason of the nonoccupancy of the premises where the water is supplied, unless the Water Department has been notified to shut off the water from such premises.

('66 Code, § 6-5.05) (Ord. 76-A, passed 12-17-23)

Additional charges may be assessed on the water bill, and be collected in the same manner as charges for water. Such charges shall be designated by resolution, and may include, but not be limited to, charges for returned checks, collection agency fees, charges for obstructed meter and return visits, special installations, and other such charges.

('66 Code, § 6-5.05.1) (Ord. 817-C-S, passed 7-11-91)

When more than one family or consumer uses water from the same service pipe or when a tap or other fixture is so situated as to be exposed or liable to be used in common by different families or persons or for different purposes, all such families or purposes shall be entered and included in one bill, and some one person shall become responsible for the payment of the entire amount of the water bill for the proper use of such water.

('66 Code, § 6-5.06) (Ord. 76-A, passed 12-17-23)

Any consumer of water who allows others to use water from his pipes shall be responsible to the Water Department for the water so used, and the amount thereof shall become a part of his water bill.

('66 Code, § 6-5.07) (Ord. 76-A, passed 12-17-23)

The city shall be the exclusive authorized provider of treated water within the city limits. It shall be unlawful for any person to provide water to another person whose water has been turned off for nonpayment. This section shall not apply to multiple-family, commercial, or industrial uses served by one meter, nor shall this section apply to the commercial distribution and sale of bottled water nor to the use of wells upon the property served if the wells comply with the provisions of this code.

('66 Code, § 6-5.07.5) (Ord. 641-C-S, passed 8-7-86; Am. Ord. 817-C-S, passed 7-11-91) Penalty, see § 6-5.33

Persons desiring water service shall apply in the manner required by the Finance Department. The Department is authorized to solicit and verify such information as may reasonably be necessary to determine whether service should be provided, and whether conditions should be imposed thereon.

('66 Code, § 6-5.08) (Ord. 76-A, passed 12-17-23; Am. Ord. 817-C-S, passed 7-11-91)

All service connections designated by the City Manager shall be equipped with an automatic meter reading device (“AMRD”). The installation and use of an AMRD shall be a requirement for the continued provision of water, and for the initial connection of water service. This section shall not be effective unless an AMRD is available for installation at the subject connection.

('66 Code, § 6-5.08.5) (Ord. 805-C-S, passed 3-15-91)

(A) The Finance Department shall charge a fee to disconnect service as designated by resolution, which fee may be collected in advance.

(B) Where the service has been discontinued for failure to make a deposit, or because the premises are vacant or unoccupied, or for any other reason, the Finance Department shall charge a fee for reconnection as designated by resolution, which fee may be collected in advance.

(‘66 Code, § 6-5.09) (Ord. 76-A, passed 12-17-23; Am. Ord. 10-C-S, passed 2-8-67; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 2103-C-S, passed 5-12-15)

Whenever the city has evidence that a meter or the distribution system has been the subject of tampering or vandalism, the Finance Department may impose an administrative penalty as designated by resolution, which penalty shall be paid prior to reconnecting or reinstituting service. The term TAMPERING shall be construed to include, but not be limited to, any breaking or interference with locks, any attempts to bypass the meter, any damage to the meter or distribution system, or any conduct which in any way frustrates or interferes with the city's administration of the water system. The term DISTRIBUTION SYSTEM shall include, but not be limited to, an automatic meter reading device, and its appurtenances. Nothing in this section shall prohibit the Department from seeking criminal prosecution for tampering or water theft; however, the Department shall not impose the administrative penalty and seek criminal prosecution for the same event.

('66 Code, § 6-5.09.5) (Ord. 641-C-S, passed 8-7-86; Am. Ord. 817-C-S, passed 7-11-91)

No person shall misuse or waste water. Any person misusing or wasting water shall be guilty of an infraction. The term MISUSE or WASTE shall mean the use of water which, to a reasonable person, is clearly in excess of the need or intended purpose. MISUSE or WASTE may also mean the use of water in excess of quantity standards imposed during any water shortage emergency declared by the City Council. In the event of any misuse or waste of water, in addition to criminal prosecution, the Finance Department may install flow restrictors at the premises where misuse or waste has occurred, following procedures established for such installation, which shall include at least one warning notice to the consumer prior to such installation.

('66 Code, § 6-5.10) (Ord. 76-A, passed 12-17-23; Am. Ord. 817-C-S, passed 7-11-91) Penalty, see § 6-5.33

(A) Before water is turned on for an applicant for metered or measured service, such applicant shall establish his credit to the satisfaction of the Water Department. The applicant's credit shall be deemed established if he:

(1) Makes a cash deposit; or

(2) Has paid all bills to the Water Department promptly during the 12 months prior to the date of the application.

(B) Regardless of the provisions of subdivision (A)(2) of this section, the Water Department may always require a cash deposit if deemed appropriate.

('66 Code, § 6-5.11) (Ord. 76-A, passed 12-17-23; Am. Ord. 10-C-S, passed 2-8-67; Am. Ord. 373-C-S, passed 8-24-78)

Applicants for service shall make such deposits as are determined by resolution or policy promulgated by the Finance Director. No deposit may exceed three times the average monthly billing for a similar use. Deposits shall be returned to the customer, or credited to his/her account, upon termination of service if the customer's account is not delinquent. No interest shall be credited to the customer on the deposit. Interest earnings shall be applied to the accounting and administration of the deposit system.

('66 Code, § 6-5.12) (Ord. 76-A, passed 12-17-23; Am. Ord. 10-C-S, passed 2-8-67; Am. Ord. 373-C-S, passed 8-24-78; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 919-C.S., passed 6-11-96)

Where there is more than one consumer supplied through one service connection and one meter, the Water Department shall hold the owner or other person agreed upon responsible for the bill for all water supplied; provided, however, where practicable to serve each consumer through a separate service connection and meter, the Water Department, for the meter installation fees set forth in this chapter and upon an application in writing, shall install such separate service connection and meter for each consumer and thereafter collect at regular meter rates for the water supplied through each meter; and provided, further, the Water Department, at its own volition and for the meter installation fees set forth in this chapter, may install a separate service connection and meter for each consumer and thereafter collect at regular meter rates for the water supplied through each meter.

('66 Code, § 6-5.14) (Ord. 76-A, passed 12-17-23; Am. Ord. 10-C-S, passed 2-8-67)

The Water Department shall have the power in all cases to install meters and collect at meter rates. The Water Department shall install a meter for and collect at meter rates from any flat consumer upon an application in accordance with the rules and regulations set forth in this chapter.

('66 Code, § 6-5.15) (Ord. 76-A, passed 12-17-23)

When a consumer applies to the city to replace a large meter with a smaller meter, the city shall make such change upon payment in advance of the fee designated by resolution.

('66 Code, § 6-5.16) (Ord. 76-A, passed 12-17-23; Am. Ord. 817-C-S, passed 7-11-91)

Upon the deposit of the fee designated by resolution, any consumer may request the city to test such consumer's meter. If upon examination and test, the meter shall be found to register 3% more than the quantity of water actually passing through it, an accurate meter shall be substituted and the fee refunded to the consumer. In such event, the water bill for the current period shall be adjusted by an amount in proportion to the error found. If the meter shall be found to be correct or to register less than the actual quantity of water passing through such meter, the fee shall be retained by the Department and the bill shall be paid as rendered. Any meter which does not vary more than 3% of the water actually passing through it shall be deemed to be correct.

('66 Code, § 6-5.17) (Ord. 76-A, passed 12-17-23; Am. Ord. 10-C-S, passed 2-8-67; Am. Ord. 817-C-S, passed 7-11-91)

Any consumer requesting that the city re-read the meter shall pay a fee designated by resolution. If the re-reading determines that no error or discrepancy was made, then said fee shall be retained by the city. However, if the re-reading determines that an error or discrepancy did occur, then the fee shall be refunded to the consumer.

('66 Code, § 6-5.17.1) (Ord. 817-C-S, passed 7-11-91)

Applicants for installations, service connections, and change of meter size shall pay the applicable fees designated by resolution, including the water capacity charge for new service connections.

(‘66 Code, § 6-5.18) (Ord. 76-A, passed 12-17-23; Am. Ord. 10-C-S, passed 2-8-67; Am. Ord. 428-C-S, passed 12-27-79; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 2103-C-S, passed 5-12-15)

(A) The Contra Costa Water District has adopted Resolution 93-24, creating a facilities reserve charge and imposing upon wholesale municipal customers amounts to be paid by the city to the District amounts per new or larger water meter issued by the city.

(B) It is the intention of the City Council that the amount owed to the Contra Costa Water District for each new or enlarged water meter shall be passed through to the water customer requesting the new or enlarged water meter.

(C) Applicants for installations, service connections and change of meter size which requires a new or enlarged water meter shall pay a fee designated by resolution.

(D) The Finance Department shall account for all fees collected pursuant to this section, and shall remit to the District the amounts specified in Contra Costa Water District Resolution 93-24 or subsequent enactments of the District.

(E) The Finance Department shall periodically recommend amendments to the master fee resolution to reflect amendments made by the Contra Costa Water District in its Facilities Reserve Charges.

(F) Nothing shall prevent the Finance Depart-ment from recommending, and the City Council from adopting, a surcharge to the fee listed in the resolution which shall pay for the actual cost of administering, collecting, and remitting the facilities reserve charges of the Contra Costa Water District.

('66 Code, § 6-5.18.1) (Ord. 867-C-S, passed 9-11-93; Am. Ord. 934-C-S, passed 1-13-98)

When a connection is to be made between a service connection of the Water Department and the plumbing of any manufacturing or industrial plant or other premises in which a direct connection is to be made between such service connection and any steam or hot water pipes or boilers, other than ordinary house boilers or pipes carrying a private water supply or liquids under pressure, a swing check valve of a pattern to be approved by the Water Department, arranged to seat against the back pressure of such steam or other pipes, shall first be installed at the expense of the applicant between the meter and first fixture on the premises. The Water Department may refuse to install a service connection or to turn on the water until such check valve has been installed if, in its opinion, the omission of such check valve will work an undue hardship upon the Water Department or its existing consumers. The Water Department may hold the consumer or the owner of the property liable for any and all damages to its meters or other appliances occasioned by the neglect or refusal of such consumer or owner of the property to install such check valve.

('66 Code, § 6-5.19) (Ord. 76-A, passed 12-17-23)

(A) Construction. Any person desiring to obtain water for the purpose of building construction shall pay the fees designated by resolution.

(B) Grading, dust control. Any person desiring to obtain water for the purpose of assisting in grading operations dust control, and other similar purposes shall obtain special hydrant meters from the Department and shall pay the fees designated by resolution. In periods of water restrictions, the City Manager may prohibit the use of domestic water for these purposes in which event the City

Manager may authorize the use of reclaimed water, or the purchase from the city of raw water or other types of water suitable for these purposes.

('66 Code, § 6-5.20) (Ord. 76-A, passed 12-17-23; Am. Ord. 148-C-S, passed 9-22-71; Am. Ord. 169-C-S, passed 4-26-72)

All persons who take water shall keep their service pipes in good order at their own expense, and such persons shall be held liable for any damage which shall result from failure to do so.

('66 Code, § 6-5.21) (Ord. 76-A, passed 12-17-23) Penalty, see § 6-5.33

The Water Department shall not be liable for any damages to the property of the consumer or others caused by broken, damaged, or leaky fixtures upon the premises of the consumer. The Water Depart-ment may charge for all water supplied the consumer through a meter even though the water is wasted because of broken, damaged, leaky, or open fixtures. The Water Department shall in no case be liable for damages occasioned by water running from open fixtures in premises to which it has turned on the water. All consumers having an arrangement for hot water shall have a tank from which to feed the boiler. The Water Department shall not be responsible for the safety of boilers on the premises of any consumer.

('66 Code, § 6-5.22) (Ord. 76-A, passed 12-17-23)

When old plumbing is being remodeled or new plumbing is being installed, the owner shall install a stopcock or valve on the pipe between the property line and the first fixture on his premises. Unless such stopcock or valve is installed, the Water Department shall not be required to turn on the water or to install a service connection.

('66 Code, § 6-5.23) (Ord. 76-A, passed 12-17-23) Penalty, see § 6-5.33

No person shall tap any main, and no addition or alteration whatever shall be made in or about any tap, pipe, or watercock by any person without the written permission of the Water Department.

('66 Code, § 6-5.24) (Ord. 76-A, passed 12-17-23) Penalty, see § 6-5.33

(A) No person shall place, plant or construct any object, shrubbery, fence, or wall which encroaches on the clear setback zone of any hydrant, water meter or other water service equipment connected to the water pipes of the water department.

(B) Hydrants require a minimum unobstructed three foot clear setback zone, at least eight feet high, completely around each hydrant.

(C) Water meters require a minimum unobstructed 24 inch clear setback zone, at least eight feet high, completely around each water meter box.

(1) The 24 inch clear setback zone required for water meters shall be measured from the outside edge of the water meter box.

(2) No obstruction of any kind shall be permitted between the water meter box and the public sidewalk.

(D) Water gates and other water service equipment require a minimum unobstructed 24 inch clear setback zone, at least eight feet high, completely around each piece of equipment.

(Ord. 908-C-S, passed 5-23-95) Penalty, see § 6-5.33

Any plumber or other person connecting a service pipe with the pipe system of the Water Department may turn the water on at the street cock to test the pipes but shall in all cases leave the water turned off. The water shall then be turned on only by an authorized agent of the Water Department upon application of the consumer at the office of the Water Department.

('66 Code, § 6-5.26) (Ord. 76-A, passed 12-17-23) Penalty, see § 6-5.33

No person shall attach any ground wire to any plumbing which is or may be connected to any service connection or main belonging to the Water Department. The Water Department may hold the owner of the premises liable for any damage to the property of the Water Department occasioned by any such ground wire which is attached to such plumbing.

('66 Code, § 6-5.27) (Ord. 76-A, passed 12-17-23) Penalty, see § 6-5.33

§ 6-5.28 [RESERVED]

§ 6-5.29 [RESERVED]

No persons other than those designated by the Fire Chief and those especially authorized by the proper city officials shall, without a permit from an authorized officer of the Water Department, open any fire hydrant or attempt to draw water from the same or in any manner injure or molest any such hydrant.

('66 Code, § 6-5.30) (Ord. 76-A, passed 12-17-23) Penalty, see § 6-5.33

Any authorized agent of the city shall have the right at all times during reasonable hours to enter any premises being supplied with water for the purpose of examining the conditions of the water pipes, water closets, and other plumbing, and in case a leak is found, to shut off the water until the leak is stopped by the consumer. Authorized agents of the city are also authorized, at reasonable hours, to enter upon any private property for the purposes of reading meters and for installing or maintaining the public water system and its appurtenances. If the agent does enter private property for the purpose of turning off water to prevent waste or to prevent damage to public or private property, a fee shall be imposed against the consumer as designated by resolution. Entry shall be pursuant to administrative regulation promulgated by the City Manager.

('66 Code, § 6-5.31) (Ord. 76-A, passed 12-17-23; Am. Ord. 817-C-S, passed 7-11-91)

The Water Department reserves the right at any and all times to shut off the water from its mains for the purpose of making repairs, extensions, or alterations or for other purposes.

('66 Code, § 6-5.32) (Ord. 76-A, passed 12-17-23)

In addition to any other remedy provided by this chapter, for any violation of the provisions of this chapter the water may be turned off and shall not be turned on again without satisfactory assurance on the part of the person in violation that he will comply with the provisions of this chapter. In the event of such shut-off, the consumer shall pay a fee as designated by resolution.

('66 Code, § 6-5.33) (Ord. 76-A, passed 12-17-23; Am. Ord. 817-C-S, passed 7-11-91)

§ 6-5.34 [RESERVED]

Notwithstanding any other provision of this code, the following shall apply to the transportation of city water outside the city limits:

(A) Water service customers with a duly approved water hookup outside the city limits may not transport city water beyond the property boundaries on which the duly approved hookup is located, unless such transportation is specifically approved by an agreement with the city through a duly executed contract approving such transportation.

(B) The transportation of city water from a duly approved water hookup within the city limits for use outside the city limits shall be prohibited, unless such transportation is specifically approved by an agree-ment with the city through a duly executed contract approving such transportation.

('66 Code, § 6-5.35) (Ord. 363-C-S, passed 4-13-78) Penalty, see § 6-5.33

A bimonthly charge, designated by resolution and collected on the user's water bill, shall be paid for water service on unmetered connections to the city's water distribution system which are equipped

with a detector check assembly satisfactory to the city and which supply water to privately owned and main-tained sprinklers, hydrants, or other outlets used exclusively for fire fighting, irrespective of quantity of water used, based upon the size of the detector check assembly.

('66 Code, § 6-5.36) (Ord. 380-C-S, passed 10-12-78; Am. Ord. 817-C-S, passed 7-11-91; Am. Ord. 929-C-S, passed 7-8-97)

The city hereby adopts and incorporates by reference the Contra Costa County Well Ordinance, Chapter 414-4 of the Ordinance Code of Contra Costa County. The Health Officer is hereby given enforce-ment authority regarding such ordinance.

('66 Code, § 6-5.37) (Ord. 629-C-S, passed 5-8-86)

The City Council may authorize unmetered service to premises where it determines that the public interest will best be served thereby. In the event of water allocation restrictions, the City Manager may limit, or suspend, the right of unmetered premises to receive water.

('66 Code, § 6-5.38) (Ord. 317-C-S, passed 7-11-91)