Buena Park Municipal Code Ch. 13.12 Water

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

"Consumer"

means a property owner, user, agent, member of the family, private employee or purchaser of water.

"Department"

means those departments, branches or functions of the city which care for, maintain and operate pumps, plants, mains and all necessary facilities for the acquiring, distributing and selling of water within the city. It shall include all officers, agents, servants or employees engaged in such work or service.

Director.

The director, his or her assignees or agents shall be the person designated by the city manager to have charge of the supervision and management of the water department functions assigned thereto.

"Employee"

means any person designated by the city manager to perform work and labor for and in and about the business of supplying water to the consumer.

(Prior code § 33-1; Amended during 1990 codification)

In order to determine amounts to be charged consumers for water under rates specified in this chapter for use of water furnished by the city, meters shall be installed on all connections furnished except as otherwise provided by this chapter and Chapters 13.16 and 13.20.

(Prior code § 33-2)

Except as otherwise provided in this chapter and Chapters 13.16 and 13.20, a separate meter shall be placed upon each separate connection and the rate to be paid shall be computed separately upon each meter. Such meters shall be read by the department at intervals determined by the director as the convenient operation of the department will permit. A consumer is liable and responsible for and shall be charged for all water passing through his or her meter.

(Prior code § 33-3; Amended during 1990 codification)

A. Application for water for new buildings or any premises not heretofore provided with water may be made to the department and shall be accompanied by a service fee in an amount as may be established by resolution of the city council. With respect to services larger than two inches, the applicant may be required to pay a deposit in an amount estimated by the director to cover costs of materials, prior to the director ordering such materials.

B. When required as a condition of any required approval or other condition of development, the applicant or other user shall cause service pipes, backflow prevention devices and meters to be installed in accordance with all applicable standards and permits issued by the department for the installation of same.

(Prior code § 33-4; Ord. 1207 § 1, 1987; Amended during 1990 codification)

Service pipes shall be installed from the main to a point behind the curbline or edge of pavement where a curb cock and meter shall be installed. The consumer shall be responsible for the installation and maintenance of all pipe on the property side of the meter. Any deviation from this section must be approved in advance by the director.

(Prior code § 33-5; Amended during 1990 codification)

Charges collected by the department for the installation of service pipes and meters shall constitute service fees. The service pipes and water meters installed shall become and remain at all times property of the city. They shall be maintained, repaired and renewed by the department when rendered unserviceable through ordinary wear and tear; provided, that where replacements, repairs or adjustments are rendered necessary by any act, negligence or carelessness of the consumer, any expense caused to the department thereby shall be charged against and collected from the consumer.

(Prior code § 33-6)

All city water used on any premises where a meter is installed must pass through the meter except as provided in the case of private fire service. No bypass or connection around the meter between the service and the main shall be made or maintained except during initial construction phases at the premises when construction is under permit and inspection.

(Prior code § 33-11)

Any consumer may demand that the meter through which water is being furnished be examined and tested by the department for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such demand shall be made in writing to the department and shall be accompanied by a deposit in an amount as may be set by resolution of the city council. Upon receipt of the demand, it shall be the duty of the department to examine and test the meter to ascertain whether or not the meter is registering correctly the water being delivered through it.

A. If, on such examination and test, the meter shall be found to register over two percent more water than actually passes through it, another meter shall be substituted therefor, the previously paid deposit shall be refunded and the particular water bill for the current period shall be adjusted in such manner as the director may deem fair and just.

B. If the meter is found to register not over two percent more water than actually passes through it, the previously paid deposit shall be kept by the city and the water bill shall be paid, if not already paid, in the amount originally required to be paid.

(Prior code § 33-12; Ord. 1207 § 2, 1987)

The director shall have the authority, in his or her discretion, to adjust complaints. In the event of any dispute as to the amount of the charge to be paid by any consumer, he shall determine the same, subject to the approval of the city manager.

(Prior code § 33-13)

In all cases in which water is being served to premises occupied by two or more different and independent consumers of water, which premises are held under the same ownership, the owner of such premises shall be and is hereby required to provide independent service from the nearest public watermain for such independent consumer, provided, however, that if the owner of the premises so served with water shall agree in writing to be responsible for and pay all money due for water used upon the premises, such independent service shall not be required. Should the owner fail or refuse to provide the independent service or assume responsibility for money due for water used upon the premises, the department shall, after ten days' notice to the consumer so served and to the owner of the premises or the person in charge thereof, cut off water from the premises until the independent consumers occupying premises held under the agreement assuming responsibility for the money due for water served to the premises is made as provided by this section.

(Prior code § 33-14; Amended during 1990 codification)

No service connection shall be hereafter made for the purpose of supplying through a common service two or more independent consumers occupying premises held under the same ownership, unless such houses are on the same lot or the property is what is known as a court, apartment house or block covering more than one lot, and then only provided the owner of such premises shall agree in writing to pay all charges for water served thereto.

(Prior code § 33-15)

No water shall be served to two or more parcels of property separately owned through a common service.

(Prior code § 33-16)

Fire hydrants shall be opened only by the department and fire department or by such persons as may have first obtained a written permit from the department. No such permit shall be issued to any person who has violated any of the provisions of this chapter or whose indebtedness to the city for water used or for repair of damage to hydrants is delinquent.

(Prior code § 33-17)

Where city water is used to supply a steam boiler, hydraulic elevator or power pump, its owner shall provide a tank of sufficient capacity to afford a supply for at least twelve hours into which the service pipe shall be discharged. No person shall draw from the city watermains or pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

(Prior code § 33-18)

A. All shutoff valves are installed by the city for the use of the department. Such shutoff valves shall not be used or in any way molested or manipulated by consumers of water, except in case of emergency. For ordinary usage all consumers shall provide their own valves.

B. The director may order an approved shutoff valve, as above mentioned, installed on any premises not already provided with the same, and, in case such shutoff is not installed within ten days after written notice to do so has been given the consumer, the service may be shut off pending such installation.

(Prior code § 33-20)

No consumer may supply water to any person other than the occupant of the premises of such consumer; provided, that such consumer may supply water to persons for use in the performance of any contract for the improvement of any street or other public place after having given notice to and received permission from the director. No such permit shall be issued to or for any person whose indebtedness to the city for water or damage to hydrants is delinquent or who has on one or more occasions taken water from the distribution system of the city or from the pipes of a consumer who has permitted leaks or waste of water.

(Prior code § 33-22)

No person shall tap, open, connect with or otherwise tamper with any main, pipe, valve or any other equipment which forms part of the system of the waterworks of the city, except with written permission from the director.

(Prior code § 33-22)

In all cases where an installation of a special or temporary service is required for any purpose not covered by other provisions of this chapter and Chapters 13.16 and 13.20, such service shall be installed and the meter furnished by the department at the expense of the applicant at cost of the time and material required, including excavation and repaving plus fifteen percent for administration.

(Prior code § 33-24)

The director shall have the right to restrict or deny the use of water for sprinkling, wetting, irrigation or construction purposes for such hours and for such time as may be deemed advisable. The director shall have the right to restrict or turn off water when in his or her opinion the wasting of water is evident. In the event of any emergency, the director shall have the right, power and authority to turn off the water from any main or pipe of the water system of the city with or without notice. The director is hereby enforced with the power or authority to determine when an emergency exists, and such determination shall be final or until revised at a meeting of the city council. In addition to the power given in this section, the city council hereby reserves the right, in the event of any emergency, to turn off the water from any main or pipe of the city either with or without notice for so long a time as the city council may deem advisable.

(Prior code § 33-25; Amended during 1990 codification)