Title 13 — PUBLIC WORKS Chapter 13.04 - WATER SERVICE SYSTEM

The council may, by ordinance, adopt rules and regulations for the improvement operation and maintenance of the water department and for furnishing water to customers and may, by resolution, establish the rates, charges, deposits, and penalties pursuant to this chapter.

(Ord. 576 § 1 (part), 2005)

No person shall be entitled to have a water connection until the owner of the property obtains a building permit from the city building department.

(Ord. 576 § 1 (part), 2005)

The following rates, fees, and charges shall be set forth by city council resolution:

A.

Basic Monthly Charge. Whenever water is supplied and meters are used or installed, as provided in this chapter, a basic monthly charge shall be made to each customer;

B.

Lopez Contract Charge. In addition to the monthly water charges set forth in this chapter, each city water customer shall be charged an additional sum each month, to be designated "Lopez Contract charges";

C.

Service Connection Charge. Upon the approval of an application for a service connection, an order for service may be issued subject to payment of a service connection charge;

D.

Service Main or Front Foot Charge. In all cases where there is not an agreement for the reimbursement of the developer, a service main or front foot charge shall be imposed;

E.

Water Service Late Charge;

F.

Turn-off, turn-on charge;

G.

Fire hydrant use permit fee, and water charges.

(Ord. 576 § 1 (part), 2005)

A charge referred to in this subsection as a "water supply charge" or "water availability charge." Pursuant to the provisions of Section 38743 of the Government Code, water availability charges shall be levied in accordance with the following schedule:

A.

Water availability charges shall be imposed upon each parcel of property not served with city water.

B.

The city shall collect the water availability charge, as provided for in this subsection, by billing the charged land on an annual basis. In the event such availability charges have not been paid at the time a water service connection application is made for such parcel, all accumulated water availability charges, continuing at one thousand dollars ($1,000.00), effective July 1, 1991, and increasing annually by fifty dollars ($50.00) on July 1st each succeeding year, per dwelling unit, hotel, motel or hospital room, or commercial unit developed, shall be paid.

C.

In the event the plumbing or structures are modified by an existing water user, an additional water supply charge shall be assessed with the building permit for each additional dwelling unit; hotel, motel, or hospital room, or commercial unit. Failure to pay additional water supply charges with such improvements may result in discontinuance of water service to the entire property.

(Ord. 576 § 1 (part), 2005)

The charge for the installation of a main or extension of an existing main shall be based on the public works department field division fee and service fees.

(Ord. 576 § 1 (part), 2005)

A.

Proration for Portions of Months. When a water bill is rendered for any period of time less than the regular period for water furnished, the regular minimum monthly charge shall be prorated, based upon actual consumption. Such consumption shall be charged at minimum rates; but consumption at a rate in excess of the regular period allowance shall be billed at the excess rates.

B.

Lopez Contract Charges—Billings. Billing for such Lopez contract charges shall be prepared and deposited in the mail on or about the first day of each month that the bills provided for are sent, pursuant to the provisions of Section 13.04.100(A) of this chapter.

(Ord. 576 § 1 (part), 2005)

A.

All meters shall be read by the water department as provided in Section 13.04.100 of this chapter, and all bills for water or service shall be due and payable at City Hall upon presentation. All water bills remaining unpaid for a period of thirty (30) days shall thereupon become past due.

1.

Non-Residential Accounts. Where water bills so become past due, notification will be delivered of such status and a late fee levied. All water bills remaining unpaid for a period of forty-one (41) days since issuance shall become delinquent. Where water bills so become delinquent, service may be shut off at any time after a ten (10) day written notice; and such accounts shall be subject to the water turn-off and turn-on charge provided for in this section. The

director of administrative services or public works director, at his or her discretion, may cause a meter reading to be made at any time; and thereupon the bill for water used since the previous reading shall become immediately due and payable and shall become past due on the thirtieth day following the mailing or presentation of such bill; and such accounts shall be subject to the late-fee charge, water turn-off and turn-on charge provided for in Section 13.04.030 of this chapter.

2.

Residential Accounts. Where water bills so become past due, residential accounts will be handled in accordance with the city's policy on discontinuation of residential water service for nonpayment, which shall be adopted by resolution of the city council, as the same may be amended from time to time.

B.

Discontinuance of Service for Violations.

1.

Non-Residential Accounts. The water rates, charges, and penalties set forth in this chapter shall be charged against the property upon which such water or service is furnished and against the owner thereof. If for any cause, any of such sums owing become delinquent and unpaid, or if any of the other terms of this chapter or the rules and regulations established as a condition to the use of water are not complied with, the water may be shut off. If there has been no bona fide change in ownership, the water shall not be turned on to the same property until all such charges, delinquencies and penalties have been paid in full, including the additional amount as described in Section 13.04.030 of this chapter for the expense of turning water off and on.

2.

Residential Accounts. If any of the terms of this chapter or the rules and regulations established as a condition to the use of water other than non-payment are not complied with, including, but not limited to, those set forth in Section 13.04.140, unlawful acts, the water may be shut off. Water may only be shut off for non-payment in accordance with the city's policy on discontinuation of residential water service for nonpayment as the same may be amended from time to time.

3.

The administrative services director or public works director may, at his or her discretion, shut off the water, for a period not exceeding three months, upon the written request of the owner of any premises upon which such water or service is furnished, provided no delinquency exists in the payment of charges and penalties for water service.

(Ord. 576 § 1 (part), 2005)

(Ord. No. 705, § 2, 1-14-2020)

No allowance or rebate shall be made from the regular rates specified in this chapter, whether water has been actually used or not, unless the water department has been notified in writing by the owner of the premises to remove the meter installed for such premises; and thereupon, after the expiration of the current billing period subsequent to the last meter reading by the water department of such meter, no further minimum charge shall be made against such premises; and the water department shall charge and collect for reinstalling a meter for such premises, upon receiving written application of the owner thereof, and full payment of the turn on charge as described in Section 13.04.030 of this chapter.

(Ord. 576 § 1 (part), 2005)

Any duly authorized agent of the city shall be allowed free access to make a personal examination of the premises of any applicant or customer of water for the inspection of water pipes and equipment connected thereto.

(Ord. 576 § 1 (part), 2005)

A.

Reading Meters. All water furnished within the city shall be delivered through meters. All meters shall be read on a bimonthly basis. The financial services department shall cause to be prepared water bills from such readings and shall deposit such bills in the mail.

B.

Failure of Meters. When a meter fails to register or registers inaccurately, the charge for the period in question shall be based upon an estimate made by the public works department for the amount of water used through such service.

C.

Testing Meters. Upon written notice by the customer, a meter may be examined and tested for the purpose of ascertaining whether or not it is registering correctly. If the meter is found to register more water than actually passes through it, in accordance with the American Water Works Association standards, a new meter will be installed. The public works department shall determine the amount to be refunded which is deemed fair and just. If the meter is found to meet AWWA standards, the customer shall be charged an amount equal to the time and materials used to perform the test.

(Ord. 576 § 1 (part), 2005)

A.

The director of public works may permit more than one place of business, using small quantities of water mainly for lavatory and drinking purposes, to be served through the same meter when, in his or her opinion, special conditions justify such service; and in all such cases, a minimum established meter rate shall be charged for each separate place of business so served of not less than the established minimum rate.

B.

If any meter readings for such places of business show any excess over the amount of accumulated minimums, a prorated charge shall be made of such excess to each place of business served through such meter.

C.

The director of public works may permit more than one condominium or planned unit development (PUD) unit to connect to a common meter, subject to improvement standards adopted by the city. In such cases, connection fees and service charges shall conform to this chapter as described in Section 13.04.030 of this chapter. Furthermore, the director may require appropriate conditions to such an approval to become a part of the codes, covenants, and restrictions for the subdivision.

(Ord. 576 § 1 (part), 2005)

The city reserves the right to shut off the water from any premises or from any part of the distributing system, as long as necessary, without notice to consumer, at any time when the exigencies of the occasion may require it, but in all cases of extensions of connections, such department shall notify consumers of the necessity of shutting off water and the probable length of time the water shall be shut off, before taking such action, unless the emergency requires the water to be immediately shut off whereas notice shall be similarly provided after shutoff.

(Ord. 576 § 1 (part), 2005)

A.

Damage. Public fire hydrants shall be placed, maintained and repaired by the public works department. Any damage thereto by persons or agency other than representatives of the fire or public works departments, shall be a claim against the person or agency committing such damage, and the director of public works shall take such action as may be necessary to collect the same.

B.

Purpose. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the public works and fire departments or such person as may be authorized to do so by the chief of the fire department or the director of public works as provided in this chapter.

C.

Permit. All persons, firms or corporations desiring to use water through fire hydrants, or other hydrants owned or controlled by the city, shall be required to obtain a permit, first, from the director of public works, and upon permission from the director of building and fire, who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the city for water used or damage to hydrants or equipment is delinquent. And all such persons having permit for use of water from fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.

D.

Cancellation. Permit for use of water through the fire hydrants of the city may be cancelled at the will of the director of public works on evidence that the holder thereof, is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing officially delivered to the persons to be notified and shall be immediately effective and enforced.

E.

Permit Fee and Water Charges. The permit fee and water charges shall be established by resolution as described in Section 13.04.030 of this chapter.

(Ord. 576 § 1 (part), 2005)

It is unlawful for persons to do any of the following:

A.

Interfere with or any manner tamper with any water meter, pipe line, or water service facility of the city, and in the event that any person shall interfere with or tamper with any of the same so that repairs or adjustments are necessary, water service to such person shall be discontinued until the cost of making the necessary repairs or adjustments shall have been paid in advance, and in addition, such person shall be subject to the penal provisions of this chapter;

B.

No by-pass or connection between a water meter and a water main shall be made or maintained, except in the case of fire protection, without the written permission of the director of public works or his or her designee and/or the director of building and fire, accordingly;

C.

To turn on water after the same has been turned off by city at any meter or connection, or for any reason to take or use water without notifying the director of public works, or his or her designee, or to cut in or make connection with the water mains without permission in writing from the director of public works or his or her designee;

D.

All owners or occupants of property supplied with water are prohibited from furnishing water to others without the written permission of the director of public works or his or her designee; and

F.

No person shall violate any other provision within this chapter.

(Ord. 576 § 1 (part), 2005)

All water meters shall be furnished by the public works department, shall remain the property of the city, and shall be maintained, repaired and renewed when unserviceable. Whenever replacements, repairs, or adjustments of any meter, box, lid, stopcock, gate valve, backflow device, or connections are rendered necessary by any act, negligence or carelessness of the consumer, a charge will be collected in accordance with the public works department field division fee and service charges.

(Ord. 576 § 1 (part), 2005)

The installation of all new water mains, valves and fire hydrants which will ultimately become part of the regular water system shall require the prior approval of the director of public works. Service lines may be installed by the public works department in conjunction therewith.

(Ord. 576 § 1 (part), 2005)

Any requests for water main extensions outside the city shall only be granted by the city council. Any applicant for such water service shall pay all cost associated with such a request.

(Ord. 576 § 1 (part), 2005)

In the event of a division or subdivision of property, any existing service may be used to serve one of the individual parcels or credited to the overall development.

(Ord. 576 § 1 (part), 2005)

A charge referred to in this subsection as a "service main charge" or "front foot charge," which shall be as follows:

A.

Where a developer, other than the city, has installed the service main and there is an agreement between the city and the developer that the developer shall be reimbursed upon a connection to the service main, the city shall collect the amount agreed to be paid to the developer pursuant to the agreement.

B.

In all cases where there is not an agreement for the reimbursement of the developer, there shall be a charge as described in Section 13.04.030 of this chapter.

(Ord. 576 § 1 (part), 2005)

There shall be no liability on the part of the city for damage, loss or inconvenience resulting from sand, gravel, rust, sediment, foreign matter, air, excessive pressure, or hydraulic water hammer in the water system.

(Ord. 576 § 1 (part), 2005)