Avenal Municipal Code Ch. 4 Water Services

Sections: 6-4.01 Availability. 6-4.02 Applications—Form. 6-4.03 Establishment of credit—Prerequisite to obtaining water service. 6-4.04 Establishment of credit—Deposits. 6-4.05 Service connections—Installation—Fees. 6-4.06 Service connections—Charges. 6-4.07 Water services—Charges. 6-4.08 Water services—Charges—Billings—Delinquencies. 6-4.09 Industrial users—Excessive demands. 6-4.10 Waste of water—Wilful violations. 6-4.11 Waste of water—Accumulations. 6-4.12 Waste of water—Irrigating faucets, hoses, and nozzles. 6-4.13 Waste of water—Connections. 6-4.14 Evaporative coolers—Feed-in water lines. 6-4.15 Water coolers—Discharge of wasted water. 6-4.16 Mechanical cooling devices—Water heater exchangers. 6-4.17 Interference with employees—Tampering with equipment. 6-4.18 Unlawful removal of meters and illegal hookups—Charges. 6-4.19 Supplemental rules and regulations. 6-4.01 Availability. The City shall furnish water service pursuant to the provisions of this chapter, and in accordance with other applicable rules and regulations, to any property within the City and to such areas outside the City as the Council may designate. 6-4.02 Applications—Form. Each applicant for water service shall be required to sign an application form provided by the Public Works Department, or make an application by letter, showing the date of the application, the location of

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 25 the premises to be served, the mailing address, the date the applicant desires water service, and such other information as may be required. Applications for water service to premises for which a service connection has already been installed may be made as provided in this chapter. Such application shall signify the customer's willingness and intention to comply with the provisions of this chapter and to make payments for water service rendered. If the application is made for service to property where no service connection has been installed but where a distribution main is adjacent to the property, the applicant, in addition to making an application for water service, shall comply with the provisions of this chapter governing the installation of service connections. Where an extension of the distribution main in excess of one hundred (100) feet is necessary or a substantial investment is required to furnish service, the applicant shall be informed by the Public Works Department as to whether or not the distribution facilities can be extended pursuant to the regulations set forth in this chapter. 6-4.03 Establishment of credit—Prerequisite to obtaining water service. (a) Original establishment. Each applicant, before receiving water service, may be required to establish credit by either of the following methods: (1) A cash deposit to secure the payment of the water bills as set forth in Section 6-4.04 of this chapter; or (2) The use of service for more than one year during the last twelve (12) months of which the customer paid all water bills promptly without a disconnection for nonpayment. (b) Reestablishment. To reestablish credit, a customer shall be required to pay all delinquent bills up to the time service was disconnected. The customer may be required to pay a reconnection charge and make a cash deposit as set forth in Section 6-4.04 of this chapter. 6-4.04 Establishment of credit—Deposits. (a) Original establishment. The amount required to establish credit for water service shall be set by resolution of the City Council. (b) Reestablishment. To reestablish credit, a customer may be required to deposit an amount equal to the amount required by Section 6-4.04(a). (c) Delinquent accounts. The deposits required by the provisions of this section may be applied to delinquent bills for water service when such service has been discontinued. The Public Works Department may require the customer to deposit a specified amount before rendering water service again. (d) Refunds. The deposits required by the provisions of this section, less the amount of any unpaid bills, shall be refunded, without interest, on the discontinuance of service. After the deposit has been held for twelve (12) consecutive months, the deposit shall be refunded upon an application therefor and the presentation of the deposit receipt provided service has been continuous and all bills for such service have been paid promptly. The provisions of this section shall apply to the occupants of trailer houses located in established trailer parks in the City and in territory outside and adjacent to the City, as well as to any property within the City and outside the City. (Ord. 91-06 §§ 14, 15, 1991) 6-4.05 Service connections—Installation—Fees. Water service connections shall be installed in the size and at the location desired by the applicant where such requests are reasonable. Service connections shall be made only to the property abutting on

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 26 public streets or to such distribution mains as may be constructed in alleys or rights-of-way at the convenience of the Public Works Department. Service connections installed in new subdivisions prior to the construction of streets or in advance of street improvements shall be accepted by the applicant in the installed location. A connection fee shall be established by the City Council by resolution. Such fee shall be paid prior to the issuance of building permits. (Ord. 91-06 § 16, 1991) 6-4.06 Service connections—Charges. Charges for new service connections shall be as follows: (a) Inside the City limits. Charges for new service connections shall be established by the City Council by resolution. (b) Outside the City limits. Charges for new service connections shall be established by the City Council by resolution. (c) Miscellaneous charges. Miscellaneous charges shall be established by the City Council by resolution. (Ord. 91-06 § 17, 1991) 6-4.07 Water services—Charges. All persons using the potable water system of the City shall pay for such service at the rates established by the City Council by resolution. (Ord. 91-06 §§ 18—21, 1991) 6-4.08 Water services—Charges—Billings—Delinquencies. (a) All bills for water service shall become due and payable on the date of presentation and shall become delinquent on the first day of the calendar month following the date of presentation. (b) A customer's water service may be discontinued if a bill is not paid within fifteen (15) days after such bill becomes delinquent. The service shall not be discontinued, however, until the amount of the deposit made to establish credit for that service has been fully absorbed. (c) A customer's water service may be discontinued if water service furnished at a previous location is not paid for within fifteen (15) days after the presentation of a bill. (d) If a customer received water service at more than one location and the bill for the service at any one location is not paid within fifteen (15) days after is presentation, water service at all locations may be turned off. (e) All charges for water services, sewer services, refuse collection services, and any other services rendered by the City may be billed upon the same bill and collected as one item. If all or a part of such bill is not paid, any or all of the services for which the bill is rendered may be discontinued. (f) If each case where any bill remains unpaid for sixty (60) days after such bill become delinquent, the City shall: (1) Disconnect the premises from the water system for nonpayment of the water bill; and (2) Cause an action at law to be brought on behalf of the City against the person responsible for the payment of such bill to recover the amount of such bill and the costs of such action.

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 27 6-4.09 Industrial users—Excessive demands. The Public Works Department may interrupt or limit service to any industrial user where excessive demands by one customer shall result in inadequate or injurious service to others. 6-4.10 Waste of water—Wilful violations. The wilful waste of water supplied by the Public Works Department shall be prohibited. 6-4.11 Waste of water—Accumulations. It shall be unlawful for any person to draw, use, or consume any water furnished by or belonging to the City in such a manner as to allow such water to flow down gutters or streets, or to cause or allow pools of water to accumulate on vacant lots, or to in any other way wilfully or negligently waste water. 6-4.12 Waste of water—Irrigating faucets, hoses, and nozzles. The use of water by means of an unattended open hose or open faucet for irrigation purposes shall be prohibited. All unattended hoses used for irrigation purposes shall have attached thereto a spray nozzle or sprinkling device. 6-4.13 Waste of water—Connections. Each consumer of water shall keep all connections, faucets, hydrants, pipes, outlets, and plumbing fixtures tight and free from leakage, dripping, or waste of water. 6-4.14 Evaporative coolers—Feed-in water lines. It shall be unlawful for any person to install, maintain, or use, or permit to be installed, maintained, or used, feed-in water lines to domestic evaporative coolers which lines are larger than one-fourth (¼″) inch in diameter. 6-4.15 Water coolers—Discharge of wasted water. (a) All evaporative water coolers shall be equipped with recirculating pumps on or before June 1, 1977. All evaporative water coolers installed after June 1, 1977, shall also be equipped with recirculating pumps. (b) No evaporative cooler shall be connected to the City sewer system without the prior permission of the Public Works Director. (c) The Public Works Director shall turn off the water connection to any property where any provision of this section is being violated. Such water connection shall not again be turned on until the violation has been corrected to the satisfaction of the Public Works Department and the charges for the reconnection of water services have been paid in full. 6-4.16 Mechanical cooling devices—Water heater exchangers. It shall be unlawful for any person to install, or cause to be installed, a water heater exchanger on any mechanical cooling device within the City.

Title 6 SANITATION AND HEALTH 6-4.17 Interference with employees—Tampering with equipment. (a) It shall be unlawful for any person to prevent or interfere with an employee of the Public Works Department in the lawful discharge of his duties, or tamper with, injure, or destroy the lines, valves, fire hydrants, machinery, meters, property, or equipment of the Department, or take any water from the Department without first complying with the provisions of this chapter. (b) No person shall interfere with or in any manner tamper with any water meter, pipe line, or water service facility of the department, 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. No by-pass or connection between a water meter and a water main shall be made or maintained without the permission, in writing, of the superintendent. (Ord. 2000-08, 2000) 6-4.18 Unlawful removal of meters and illegal hookups—Charges. (a) Unauthorized meter removal. It shall be unlawful for anyone other than an authorized employee of the Public Works Department to remove a meter without the permission of the City Manager. When a meter has been unlawfully removed, it shall be unlawful to use water supplied by the service to which the meter was attached. (b) Illegal connection. When an authorized employee of the Public Works Department has shut off water from any premises upon the application of the owner or for nonpayment of water charge, or for any other cause, it shall be unlawful for any person except authorized employees of the Public Works Department to again connect such premises with the water system. (c) Unmetered service. It shall be illegal for any person or entity to receive water from an unmetered City water source or from another person's or entity's water supply through use of piping, hoses, or taps into the water pipes or to knowingly permit an illegal water hookup to his or her system. (d) Fines and penalties. For purposes of this chapter, each day of unauthorized service shall be deemed a separate offense. Persons and/or entities violating this section shall, in addition to any criminal penalties which may apply, be subject to the following fines and penalties: (1) Service charge. Any owner or resident, or their agents or employees, acting in violation and/or allowing the violation of this section to exist on the subject property shall be responsible for all charges for water services rendered by the City as a result of the violation. Such charges shall be billed and administered in accordance with Section 6-4.08 of the Avenal Municipal Code. (2) Fine. In addition to those charges provided for above, any owner or resident, or their agents or employees, acting in violation of and/or allowing the violation of this section to exist on the subject property shall be subject to a fine, which is due and payable to the City within fifteen (15) days, or such longer period as may be noted on the Notice of Abatement Citation, after mailing or posting of a Notice of Abatement Citation issued and served in accordance with the provisions set forth in Sections 6-5.06 and 6-5.07 of the Code. Unless otherwise amended by the City Council by resolution the fines assessed for violation of this section shall be in the following amounts:

following amounts:

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Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 29 Third and any subsequently issued Notice of Abatement Citation within one year of First Notice of Abatement Citation $500.00 (3) Disconnection. The City shall have the right to pursue any remedies allowed by law or equity to bring any violator into compliance including disconnection of all water services to the property until correction of the violation, and payment of all fines, fee and penalties assessed by the City under this section. (e) Repair damage. (1) In addition to the penalties and fines listed in subsection (d)(2) of this section, the owner of the property on which damage has been caused by any owner or resident, or their agents or employees, to any City water system, meter, meter can, stop clock, box and line caused by any resident, or agent thereof, for conduct in violation of this section, shall be responsible for payment of repair costs incurred by the City to repair such damage. The cost of repair shall be based upon the invoice cost of said meter, fittings, stop clock, box and/or line, together with reasonable charges for labor and equipment for the repair thereof. (2) The City and/or its authorized agent shall keep an itemized account of the expenses and costs incurred by its employees and/or authorized agents in the work and abatement of any violation of this section. Upon completion of the work and abatement, the Public Works Department and/or an authorized agent thereof, shall prepare a report specifying the work and abatement performed, the itemized costs of the work on the property, including direct and indirect costs, and a description of the property. Such report shall be served upon the owner of the property in accordance with Section 6-5.07, together with a demand that the amount identified therein be paid within fifteen (15) days of receipt of the report. (f) Collection. The failure of any person to pay a fine assessed by the First Notice of Abatement Citation and/or any subsequent served Abatement Citation issued under this section, and/or to pay any charge assessed pursuant to subsection (e) of this section, constitutes a debt to the City. To enforce the debt, the City and/or its authorized agent may file a claim with the appropriate court, impose an assessment lien as set forth in Section 6-5.17, or pursue any other legal remedy to collect such money. For purposes of this section, the term "violator" in Section 6-5.17 shall mean an owner acting in violation of this section, an owner who otherwise allowed a violation of this section to exist on his/her property following receipt of Notice of Abatement and/or an owner who failed to timely pay for repair damages charged pursuant to subsection (e) of this section. (g) Emergencies. This section, and the penalties set forth herein shall not apply to situations where emergencies require the water to be shut off or the water is shut off by a licensed plumber; provided, however, that the owner or licensed plumber must notify the City of any turning on or off of the City meter. (h) Appeal. Any person receiving a First Notice of Abatement Citation and/or any subsequently issued Abatement Citation, may appeal the issuance of the Citation and the amount of fine charged in relation thereto, in the manner provided for in Section 6-5.10 of the Code. (i) Entering property. The City and/or its designated agent or authorized representative of the City may enter upon private property to abate any violation of this section and/or make repairs to any City water system, meter, meter can, stop clock, box and line caused by any owner, resident, or agent thereof, for conduct in violation of this section. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City whenever such person is engaged in the abatement, work or repair, as authorized or directed pursuant to this chapter. Any attempt to obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the City in violation of this section shall be guilty of a misdemeanor punishable by

Title 6 SANITATION AND HEALTH Avenal, California, Code of Ordinances Page 30 imprisonment in the county jail not exceeding six (6) months, or by a fine exceeding one thousand dollars ($1,000.00). (j) Amendment of fines. The City Council may amend the amount of the fine to be assessed under subsection (d)(2) of this section by resolution. (k) Late fee. Fines and damage repair charges assessed under this section pursuant to subsections (d)(2) and (e) of this section, respectively, shall be made payable to the City and shall not excuse the failure to correct the violation nor shall it bar further enforcement by the City. The failure of any person to pay any fine and/or repair cost assessed pursuant to subsections (d)(2) and (e), may result in the assessment of an additional late fee against the responsible party. The amount of the late feeif assessed shall not exceed ten (10) percent of the total amount of the fine or repair cost owed. (Ord. 2005-03, 2005) 6-4.19 Supplemental rules and regulations. Supplemental rules and regulations shall be adopted by the Council by resolution, and copies of such rules and regulations shall at all times be maintained in the office of the City Clerk and shall be available for inspection by the general public.