Atwater Municipal Code Ch. 13.12 Water Service

Footnotes:

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Editor's note— Ord. CS 944, adopted May 13, 2013, repealed the former ch. 13.12, §§ 13.12.010—3.12.130, and enacted a new ch. 13.12 as set out herein. The former ch. 13.12 pertained to similar subject matter and derived from Prior Code §§ 11-1.01, 11-1.01A, 11-1.02, 11-1.03, 11-1.04, 11-1.05, 11-1.06, 11-1.07, and 11-1.07A; Ord. CS 342 of 1977; Ord. CS 345 of 1977; Ord. CS 356 of 1978; Ord. CS 372 of 1978; Ord. CS 509 of 1982; and Ord. CS 636 of 1988.

This chapter regulates the use of the City water service. The Director of Public Works is authorized to make and apply any regulations supplemental to those set forth in this chapter which he deems either necessary or convenient in the administration of this chapter. Such supplemental regulations of the Director of Public Works shall be available for public inspection at his office in the City Hall at all reasonable times. This chapter shall be deemed to be merely supplementary to any state statutes touching upon the subject matter of this chapter.

(Ord. CS 944, § 1, 5-13-2013)

It is the intent to conserve existing water supplies and reduce the overall demand for water by requiring the installation of water meters as set forth in this chapter.

A. Director's Authority. The Director of Public Works is authorized to install or cause to be installed at property owner expense a water meter whenever the Director deems such action to be in the best interest of the City.

B. Water Meter. A "water meter" includes any suitable water measuring device or facility which measures or determines the volumetric flow of water (Water Code § 516). Without limiting the foregoing, any water meter installed pursuant to the provisions of this chapter shall meet the specifications established, and periodically updated, by the City of Atwater Public Works Department, including the capability of being read electronically. The City of Atwater Public Works Department shall oversee the installation of water meters as required pursuant to the provisions of this chapter.

C. Application for New or Reinstated Service. For purposes of this chapter, an application for new service shall be deemed to have occurred upon the transfer of real property to a new owner (excluding those situations described in subsections 1.—3. of this section), upon the application for new or transferred water service by the new owner or tenant of the subject property, or upon the reinitiation of service by an existing owner following shutoff of service by the City for non-payment of charges for a period not less than 30 business days, or upon the replacement of a water lateral or other main supplying water serve to the property or building. A transfer of real property shall not include the following:

1. The purchase or transfer of real property between spouses, including, but not limited to, transfers to a trustee for the beneficial use of a spouse, or the surviving spouse of a deceased transferor, or by a trustee of such a trust to the spouse of the trustor; transfers to a spouse which take effect upon the death of a spouse; transfers to a spouse or former spouse in connection with a property settlement agreement or decree of dissolution of a marriage or legal separation; the creation, transfer or termination, solely between spouses, of any co-owner's interest; and the distribution of a legal entity's property to a spouse or former spouse in exchange for the interest of the spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation;

2. The purchase or transfer of real property between parents and their children (as defined by Probate Code § 26), including both voluntary transfers and transfers resulting from a court order or judicial decree;

3. The purchase or transfer of real property pursuant to foreclosure proceedings under Civil Code § 2924 et seq. or Code of Civil Procedure § 725a et seq.

(Ord. CS 944, § 1, 5-13-2013)

An exemption from the requirement to install a water meter may only be granted by the Public Works Director and based upon findings that the installation represents a hardship to the property owner which cannot otherwise be mitigated. An exemption under this section shall continue in force until the individual qualifying for the exemption no longer resides at the exempted property, or until the condition qualifying for the exemption terminates. Within one year following the departure of the individual qualifying for the exemption the property shall be brought in compliance with this chapter.

(Ord. CS 944, § 1, 5-13-2013)

Unless otherwise exempt pursuant to the provisions of this chapter, a water meter, is required as a condition of issuance of building permit to repair, alter, or remodel a single-family, two-family residential, multi-family building(s), and all non residential buildings if the building permit valuation for the repair, alteration, or remodeling exceeds $50,000.00.

(Ord. CS 944, § 1, 5-13-2013)

Unless otherwise exempt pursuant to the provisions of this chapter, at the time of a water lateral replacement or repair of a water lateral, if the building permit valuation for the repair is in excess of $1,000.00, a water meter shall be required. The water meter is required before the water service may be activated unless the Public Works Director deems that it may be delayed for purposes of public health and safety.

(Ord. CS 944, § 1, 5-13-2013)

In the event of noncompliance with the provisions of this chapter, the City may exercise any or all the following remedies, in addition to any remedies available under law or the Atwater Municipal Code:

A. In a case where the provisions of this chapter are triggered by the issuance of a building permit for major improvements, the City may deny the issuance of the building permit, revoke the building permit, and/or issue an order halting construction.

B. In a case where title has transferred to a new owner, the City may proceed with such other remedies which may be available at law or in equity.

C. In a case where new services or reinstated services are involved the City may withhold activation of the water services.

(Ord. CS 944, § 1, 5-13-2013)

Reasonable fees shall be required to pay for, but not exceed, the cost of implementing this chapter including the installation of a water meter. Without limiting the generality of the foregoing, an applicant for new water service or reinstatement, as defined herein, and property owners making major improvements or replacing or repairing a water lateral shall be responsible for the payment of the cost of the water meter. In no event shall the owner be charged more than the actual cost. The Public Works Director may allow for the payment of costs associated with implementation of this chapter over a period of not to exceed six months in equal installments, to be added to the water bill or billed directly to the property owner.

(Ord. CS 944, § 1, 5-13-2013)

A. City water laterals will be furnished to any property located within 60 feet of an existing water main upon written application therefor on forms to be obtained from the Director of Public Works. By the making of such application for City water supply, each person so applying consents to be bound by the regulations prescribed in or authorized by this chapter. Laterals will be installed by City forces at the fee estimated by the Director of Public Works, payable concurrently with making of the application.

B. Such fee shall include the complete cost of labor and materials required multiplied by one and one-half. The difference between the estimated cost will be returned to the applicant if the estimate was high, or billed to the applicant if the estimate was low. Water service will not be turned on until the billed amount is paid.

(Ord. CS 944, § 1, 5-13-2013)

Laterals will not be installed by City forces within subdivisions of five or more lots. Any person may elect to have these services installed at his expense upon furnishing proof to the Director of Public Works that the work will be done in its entirety by a duly licensed and competent person. The following connection fees must be paid concurrently with making of the application unless otherwise provided in this section.

Fee No. 1: $4.00 per front foot of property being connected with 50-foot corner credits on each side of a corner lot measured from the point of intersection of the projected property lines.

Fee No. 2: Any applicable fees required under Section 13.04.150.

Fee No. 1 shall not apply where the existing water system was financed entirely by a subdivider, developer, or under a special assessment proceeding and where the property lies within the exterior boundaries of the subdivisions, development, or special assessment district. Fee No. 1 shall be deposited in the water capital fund and shall be expended as set forth in Section 3.32.020.

Fee No. 1 may be deferred by the City Council subject to the following conditions:

A. The applicant must agree in writing that Fee No. 1 will be paid within one year from the date of application or prior to any occupation of any building located on the land of the applicant to which service is provided, whichever occurs first;

B. The agreement shall provide that it shall operate as a covenant and restriction on the land of the applicant to which service is provided;

C. The application must be accompanied by a bond guaranteeing payment of Fee No. 1 subject to the terms of the agreement, issued by a company, and in a form acceptable to the City Attorney;

D. The agreement must be approved by the City Attorney.

Fee No. 2 shall be deposited in the utility extension revolving fund and shall be expended as set forth in Chapter 13.04. Fee No. 2 must be paid concurrently with the making of the application.

(Ord. CS 944, § 1, 5-13-2013)

The City Council shall establish, by resolution, all fees, charges, and procedures for billing and collection of City water services.

(Ord. CS 944, § 1, 5-13-2013)

Upon approval by the City Council, water service may be extended to users outside the city limits.

(Ord. CS 944, § 1, 5-13-2013; Ord. CS 1043, § 2, 2-14-2022)

A. The use of City water for any immediately nonessential purpose during the time of fire is prohibited.

B. The use of City water for any irrigation purposes shall be as prescribed by regulation of the Director of Public Works.

(Ord. CS 944, § 1, 5-13-2013)

A. All connections to any parts of the City water system are under the exclusive control of the City and may not be tapped, connected to, tampered or interfered with without express permission therefore from the Director of Public Works except for fire protection purposes by duly authorized representatives of the City Fire Department.

B. The City assumes complete responsibility for the maintenance of such connections to any parts of its City water system. City officers and employees shall be accorded a full right of ingress and egress for the purposes of inspecting, maintaining, repairing and replacing any of the connections and parts. The Director of Public Works may shut off City water service to any user whenever the needs of the system, in his opinion, require it.

(Ord. CS 944, § 1, 5-13-2013)

Those accounts classified residential user-multiple as defined in subsection H. of Section 8.16.020 shall comply with the following two regulations in addition to those set forth in this chapter:

A. All accounts classified residential user-multiple shall be in the owner's name unless there is a separate water turnoff provided for by the owner for each dwelling unit. Such water turnoff shall be accessible to the City only.

B. All accounts classified residential user-multiple will not be allowed any discontinuation of billing for any single unit of a multiple dwelling unless there is a separate water turnoff for the single unit provided for by the owner and the water is being discontinued.

(Ord. CS 944, § 1, 5-13-2013)

All water services installed shall have a wheel valve where the service pipe enters the house or structure.

(Ord. CS 944, § 1, 5-13-2013)

A. The customer shall comply with the regulations of the State and County departments of public health

B. If the Director of Public Works discovers any connection to the City system which is not in compliance with such state or county regulations, he shall notify the owners and occupants of the premises served thereby to install or repair the proper devices within 30 days thereof. Said owners or occupants may appeal said decision first to the City Manager and then to the City Council by filing notice of appeal with the City Clerk within ten days after receipt of such notice.

Failure to make such installation or repair within the time specified by the Director of Public Works or as modified by the City Manager or City Council shall result in termination of water service without further notice. A copy of this section shall be attached to any notice given hereunder.

C. The Director of Public Works shall determine the type, design and layout of backflow control devices required at each premises, and the devices shall be installed at the expense of the customer. The control devices shall be inspected, tested and approved by the Director of Public Works as a condition of services to the premises.

(Ord. CS 944, § 1, 5-13-2013)

The owner of any premises on or for which check valves or other protective devices are installed shall inspect these devices for water tightness and reliability at least once per year. Double check valves and other protective devices may, in addition, be inspected and tested for water tightness by the City at any time. If the inspection cannot be made without undue difficulty because of an obstruction or other interference, the customer will be notified and requested either to correct the condition or have the inspection made at his own expense and witnessed by the City. Any defects found in any backflow control device shall be corrected by the customer within three days. Failure to correct such defects is cause for discontinuance of water service.

(Ord. CS 944, § 1, 5-13-2013)