Brisbane Municipal Code Ch. 13.12 Water System

A. Applications for connection to the city's water system shall be made by the property owner or the owner's authorized agent on a form furnished by the city. Each application shall be supplemented by such plans, specifications, analyses, or other information as may be required by the director of public works. The director of public works may approve, conditionally approve or deny an application.

B. Where a private easement is required in order to connect the owner's property to the water system, a copy of the existing or proposed grant of easement together with a proper legal description and drawings, including a diagram plan and profile, shall be submitted with the application.

C. In the case of every non-residential service connection, irrespective of whether a new physical connection is to be made, a new or amended application shall be submitted upon any change in the occupancy or activity conducted upon the premises that results in the installation of a larger size water meter or proposes to increase the average daily demand for water by ten percent (10%) or more when compared to the average daily demand for water in the most recent twenty-four (24) months.

D. Applications for fire hydrant meters shall be filed on a form furnished by the city. The applicant shall provide a security deposit for the meter in an amount determined by the director.

E. Any applicant whose application has been conditionally approved or denied may appeal such conditions or denial by filing such appeal with the city manager within ten (10) days of the decision of the public works director to conditionally approve or deny the application. The city manager may affirm, modify or reverse the decision of the public works director. The decision of the city manager shall be final.

(Ord. 458 § 10, 2001)

(Ord. No. 637, § 1, 2-7-19)

A. As used in this section, the term "water connection fee" means the fee charged for the cost of physical facilities necessary to connect a structure or project to the city's water system, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to the water main.

B. If any construction or installation work will be performed by the city for the purpose of connecting a structure or project to the city's water system, the city shall be entitled to charge the owner of such structure or project a water connection fee in an amount equal to all costs that will be incurred by the city for the performance of such work, as determined by the director of public works. An estimated payment of the water connection fee shall be deposited with the city prior to the commencement of work. Upon completion of the connection, the actual costs shall be determined by the director of public works. If such costs are greater than the deposit, the owner shall pay the deficit to the city within fifteen (15) days after a billing for the amount due is mailed to the owner. Until such deficit is paid in full, the city may withhold issuance of a certificate of occupancy or any other permit or approval relating to the property. If the deposit is greater than the actual cost, the city shall refund the excess to the owner within thirty (30) days after such costs have been finally determined.

(Ord. 458 § 11, 2001: Ord. 91 § 1, 1966).

A. As used in this section, the term "water capacity charge" means a charge for facilities in existence at the time the charge is imposed or charges for new facilities to be constructed in the future that are of benefit to the person or property being charged.

B. Water capacity charges shall be paid to the city by the owner, or by any other person obligated to pay such charges, who desire the connection of any such property to the city's water system, or an increase in the size of the water meter serving such property, based upon the following schedule:

C. If, at any time, the existing use of a property changes, either through the establishment of a different use or a change in the size or nature of the existing use, and such change requires the installation of a water meter having a larger size than the meter currently serving the property, a water capacity charge shall be paid based upon the difference between the existing water meter and the larger water meter, as determined by the director.

D. The water capacity charge shall be paid to the city prior to the issuance of any building permit for performance of the work.

(Ord. 512 § 1, 2006: Ord. 458 § 12, 2001).

The amounts to be charged as water service charges for the consumption of water provided by the city shall be as follows:

A. Calculation of Water Service Charges. Water service charges shall be based upon the quantity of water consumed, as shown by an individual water meter. Such quantity shall be determined bimonthly. Water meters shall be classified as either residential, commercial, fire hydrant, or irrigation, as determined by the finance director. The water charges shall be computed on each one hundred (100) cubic feet (ccf) of water consumption. Fire hydrant meter charges shall be based upon a three (3) inch meter size.

B. Amount of Water Service Charges. The bimonthly water service charges shall be as follows:

(1) 1 ccf = 1 hundred cubic feet = 748 gallons

C. Rate Adjustments. For any individual year, the city council may, by resolution, reduce or cancel the rate increases set forth in the tables in subsection B. Notwithstanding that rates may be reduced or cancelled in any one year, the rates set forth in the tables in subsection B for the following year will go into effect unless the city council by resolution also reduced or cancels such rate increase.

D. Late Charges. The city finance director is authorized to establish late charges on water service accounts that are not paid when due and for this purpose the finance director may adopt rules and procedures pertaining to the imposition and collection of such late charges and the circumstances under which water service may be discontinued by reason of the delinquency in payment.

E. Low Income Rate Assistance. A low income rate assistance (LIRA) program is established for residential households who apply and qualify for a twenty-five percent (25%) decrease in the sewer service charges on the following basis:

1. Applicants shall complete a LIRA application form, approved by the finance director for that purpose. The application shall provide adequate documentation that the head of the household is a service user whose account is listed at the service address and is personally responsible for the payment of the utility service at the service address and participates in the Pacific Gas and Electric (PG&E) lifeline program.

2. For households that do not pay gas or electric at the service address, the finance director shall make an eligibility determination based upon the standards of PG&E lifeline program in effect as of the time the application is submitted.

F. Appeal of Water Service Charges.

1. The service customer shall be responsible to notify the city in the event the customer believes the water service charge has been incorrectly calculated or is not applicable to the premises for which it has been charged.

2. The finance director or designee is empowered to provide relief is the water service charge has been calculated using an erroneous use classification for the property or if substantial evidence is provided demonstrating that the actual winter average or the previous winter average water consumption (for residential customers) or the actual water consumption (for commercial customers) during the billing period covered by the disputed charge is less than the volume used for calculation of such charge.

3. The service customer may appeal the finance director's decision to the city manager by filing a notice of appeal with the city clerk within ten (10) days after the date on which the finance director's decision was rendered. The decision of the city manager is final.

(Ord. 489 § 2, 2004: Ord. 476 § 2, 2002: Ord. 458 § 13, 2001: Ord. 91 § 2, 1966).

(Ord. No. 560, § 3, 6-6-11; Ord. No. 680, § 2, 5-4-23)

The city shall own and maintain the water meter and the portion of the water pipe from the meter to the main water supply line. The property owner shall own the lateral pipe from the meter to the main connection providing water service to the property and shall be responsible for maintenance and repair of such lateral.

(Ord. 458 § 14, 2001).

A true and correct copy of the current rules and regulations, rates, and charges for water service shall be on file in the office of the city clerk, including any changes adopted by the council.

(Ord. 91 § 3, 1966).

The following words or phrases wherever used in Sections 13.12.050 through 13.12.150 shall have the meanings respectively ascribed to them as follows:

A. "Backflow prevention device" means a device incorporating two (2) or more check valves and an automatically operating differential relief valve located between the valves, two (2) shutoff valves, and equipped with necessary test appurtenances, which, when properly constructed and installed, prevents cross-connections.

B. "City" means the city of Brisbane, a municipal corporation of the state.

C. "Cross-connection" means any physical connection or arrangement between two (2) otherwise separate piping systems, one (1) of which contains potable water and the other of which contains water of unknown, questionable, or nonpotable quality, whereby water may flow from one (1) system to the other, irrespective of the direction of flow between the systems.

D. "Health officer" means the health officer of the county, who is designated the health officer of the city for purposes of administering and enforcing Sections 13.12.050 through 13.12.150, or such other officer of the county performing the duties of the health officer, and his duly authorized deputies, employees, or representatives.

E. "Person" means any person, firm, association, organization, partnership, business trust, corporation or company.

(Ord. 226 § 1, 1977).

It is unlawful for any person to construct, install, use, keep, or maintain, or to permit, cause, or allow the construction, installation, use, or maintenance of a cross-connection.

(Ord. 226 § 7(a), 1977).

Every backflow prevention device installed for the purpose of eliminating a cross-connection shall be so installed subject to the approval of the health officer, and shall be installed in accordance with the requirements of the health officer. The approval required under this section shall be in addition to all applicable requirements of the city.

(Ord. 226 § 2, 1977).

Backflow prevention devices which have been installed to meet the requirements of Title 17 of the California Administrative Code and of Sections 13.12.040 through 13.12.150 shall be tested by a person qualified to do so pursuant to the provisions of Section 13.12.080 at the time of installation of such device, and at least once each calendar year thereafter. A record of each such test shall be submitted to the health officer within thirty (30) days after the test to which such record pertains, upon forms provided by the health officer.

(Ord. 226 § 3, 1977).

No person shall test or shall make reports on backflow prevention devices as required in Title 17 of the California Administrative Code and Section 13.12.070 unless such person has received a certificate of competence issued by the health officer. The health officer may conduct examinations to determine the competency of any person desiring to test and make reports on backflow prevention devices described in Section 13.12.070. Those persons who have successfully completed such an examination, and who have been determined by the health officer to be competent to test and make reports on backflow prevention devices, shall receive from the health officer a certificate of competence.

(Ord. 226 § 4, 1977).

It is unlawful for any person to construct or install, or to cause to be constructed or installed, a backflow prevention device which does not meet pertinent requirements of Title 17 of the California Administrative Code and of Sections 13.12.040 through 13.12.150.

(Ord. 226 § 7(b), 1977).

It is unlawful for any person to operate, use or maintain, or to permit, cause the use, operation, or maintenance of any backflow prevention device which is not tested at least once each calendar year.

(Ord. 226 § 7(c), 1977).

It is unlawful for any person to use, operate, or maintain, or to permit or cause the use, operation, or maintenance of any backflow prevention device which is not in good repair.

(Ord. 226 § 7(d), 1977).

All backflow prevention devices installed to meet the requirements of Title 17 of the California Administrative Code and of Sections 13.12.040 through 13.12.150 shall be maintained in good repair.

(Ord. 226 § 5, 1977).

No person shall advertise, sell or offer for use or sale, any waste-treating chemical or substance, water-using or water-oriented equipment, mechanism or contrivance, which when utilized may cause contamination or pollution of the domestic water supply, unless such operation has been equipped with an approved backflow prevention device.

(Ord. 226 § 6, 1977).

The city may terminate water service to the premises of any person who violates, or permits or causes the violation of, any of the provisions of Sections 13.12.050 through 13.12.130 when such violation constitutes, or results in, an immediate health hazard.

(Ord. 226 § 8, 1977).

The violation of any of the provisions of this chapter or any regulations adopted hereunder shall constitute an infraction, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code.

(Ord. 362 § 1, 1991: Ord. 226 § 9, 1977).

(Ord. No. 554, § 49, 1-18-11)

TITLE 13 FOOTNOTES

1. Prior ordinance history for Sections 13.12.040 through 13.12.150: Ord. 212.