Ceres Municipal Code Ch. 02 General Water Use Requirements

The City shall operate and maintain the water system in an efficient and economical manner and supply water as fairly and equitably as possible. The charges to be made for service shall be set at rates necessary to enable the City to recover all costs of supplying water including, but not limited to, the costs for the following:

A. Purchasing, pumping, treating, storing, transmitting and distributing water;

B. Customer service;

C. Administration;

D. Overhead;

E. Debt service;

F. Replacement and maintenance of facilities; and

G. All other necessary and appropriate expenses.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The City shall be responsible for operating, maintaining, and replacing all portions of the water system and water facilities which are owned by the City. The City owned water system shall serve designated areas within and out the corporate limits of the City as approved by the City Council. The City may purchase existing systems or construct new works as may be necessary to supply to the people within the designated areas an adequate and safe domestic water supply. The City shall endeavor to supply safe, potable, continuous and sufficient water at adequate pressure to all consumers at all times. The installation of a measuring device upon private property or within a portion of the distribution system not owned by the City shall not create any obligation of the City for the operation, maintenance or replacement of any water facilities not owned by the City.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. An advance deposit shall be required from each resident of the City who uses City sewer, garbage, or water service based on credit worthiness as determined by the City. The policy for collecting the deposit and the amount of the deposit shall be set by resolution of the City Council.

B. Any and all advance deposits may be used to apply against the balance due for any water service account, sewer service account, or garbage service account at the time the account is closed.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Any portion of the distribution system, including any water main, service connection or meter which is located in City property, the public right-of-way or in easements, shall be under the exclusive control of the City and owned, managed and operated under the direction of the Director.

(Ord. No. 2019-1054, § 2, 12-9-2019)

No person shall supply water to any person or to any premises except as authorized by City permit or as approved in writing by the City for service outside the City or for temporary service.

(Ord. No. 2019-1054, § 2, 12-9-2019)

When the City has discovered that a customer has obtained water service by fraudulent means, or has diverted the water service for unauthorized use, at the discretion of the Director, the service to that customer may be discontinued without notice. The City shall not be required to restore service until the customer has complied with all rules and requirements of the City and the City has been reimbursed for the full amount of the service rendered and the actual or estimated costs to the City incurred by reason of the fraudulent use.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The customer shall be responsible for the proper operation and maintenance of the customer's private water line and for any damages to the distribution system or the property of a third party or loss or waste of water resulting from the customer's private water line. All water must be applied efficiently and used in a reasonable and beneficial manner.

The City shall have access at all reasonable hours, and at all times during emergency situations at the discretion of the Director, to meters, service connections and other property owned by the City, whether located on or off the customer's premises, for the purposes of inspection, installation, repair, maintenance, operation, turn on, turn off or removal of the City's property.

(Ord. No. 2019-1054, § 2, 12-9-2019)

If an unsafe or hazardous condition is found to exist on the customer's premises, or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the City or its customers, the service may be shut off without notice; provided, that the City shall notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. A customer's private water line shall be open for inspection at all reasonable times for good cause to a representative of the City. However, before a City representative enters a customer's premises for the purpose of inspecting non-City-owned facilities, the City shall obtain the occupant's consent or the City shall give 24 hour advance notice, in writing, to the occupant of the City's intention to enter and inspect the customer's private water line.

B. For purposes of this section, good cause for inspection shall be determined by the Director of Public Works or City Engineer and may be based on visual or other substantial evidence received by the Public Works Department demonstrating any of the following:

1. Failure of the customer to maintain his or her facilities in a suitable condition to prevent waste of water;

2. The existence of any unprotected cross-connections on the customer's premises or the lack of adequate backflow protection at the service connection;

3. Any violation by the customer of any rules and regulations of the City regarding water service; or

4. Any situation which presents an immediate or substantial health hazard to the public water system or to City residents.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Except as otherwise provided by this Code or by State law, it is unlawful for any person to interfere, seek or cause to interfere with the inspection, installation, removal, maintenance or other lawful activity by a City representative, of any part of the distribution system owned by the City, or with the inspection by a City representative of non-City owned facilities.

(Ord. No. 2019-1054, § 2, 12-9-2019)

No person shall place or cause to be placed on any water line easements any wires, fences, trees, buildings or other structures, either temporary or permanent, or any refuse, rubbish, debris, or other objects which may impede or otherwise interfere with the ready access by the City to any portion of the distribution system owned by the City or which impedes or otherwise interferes with the optimal flow of the water line. Any such obstruction, upon the written request of the Director, shall immediately be removed by the violator at no expense to the City or removed by the City at violator's expense, and shall not be replaced.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The City shall not be liable for any interruption, shortage or insufficiency of water supply or for pressure at the customer's point of connection, or for any loss or damages occasioned thereby.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. When a person opens, grades, excavates, fills or performs other street construction where it is deemed necessary to expose, remove, raise, lower or otherwise affect any portion of the distribution system owned by the City, the person performing the street construction shall obtain a City encroachment permit. Advance notice in accordance with requirements of the encroachment permit shall be submitted in writing to the City of the person's intention to perform the construction and immediate notice upon exposure or contact with such system for review and approval by the City.

B. At its option, the City may elect to perform the removal, raising, lowering or other construction of the City's distribution system which is necessitated by the street construction. In the event that the City performs any construction in accordance with the applicant, the applicant shall be required to indemnify the City for the design, construction and installation of the distribution system.

Prior to the City performing construction on its distribution system, the applicant or customer responsible for such street construction shall pay the City a reasonable deposit in an amount not to exceed the estimated cost of the City's construction. Upon completion of the construction, the City shall refund that portion, if any, of the deposit which exceeds the actual costs of construction and the applicant or customer responsible for the construction shall pay the amount, if any, by which the actual costs of construction exceed the deposit.

C. The person performing the street construction shall be liable for any damage to the City's distribution system resulting from the street construction or from the person's construction on the City's distribution system.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Portions of this chapter may be waived at the discretion of the Director for persons hired by the City to construct any part of the City's distribution system.

(Ord. No. 2019-1054, § 2, 12-9-2019)

All procedures, design, work, materials, capacities, facilities and other improvements shall be based on the applicable provisions of the most current State and local regulations and generally accepted standards of water works practice insofar as deemed appropriate by the City considering the conditions and where not in conflict with City standards. Such regulations and standards are included in but not necessarily limited to the following sources:

A. Waterworks Standards of the California Department of Public Health Services;

B. Titles 17 and 22 of the California Administrative Code;

C. California Safe Drinking Water Act;

D. Uniform Plumbing Code; and

E. American Water Works Association.

(Ord. No. 2019-1054, § 2, 12-9-2019)

Reference is hereby made to title 18. Such chapter refers to the State's Model Water Efficient Landscape Ordinance (MWELO), and requires all vegetation and landscaping required by the zoning regulations to employ drought resistant species.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. No person shall supply water in any way for use outside the premises to which the service is assigned (or appurtenant) without the special permission of the Director of Public Works.

B. Access to service connections and water meters must be provided at all times.

C. All persons must keep their service pipes in good order at their own expense and may be held liable for damages which may result from their failure to do so.

D. It is unlawful for any person to adjust, interfere, or tamper with City water service connections, valves, or meter equipment or to construct a bypass around a meter or service. Examples of tampering shall include, but not be limited to: turning water service on after it has been shut off by the City; obstructing access to the meter service box; and altering or damaging meter equipment so that it malfunctions or is non-operational. Upon the City's discovery that tampering has occurred, the water service shall be turned off or locked, or the curb stop shall be sealed.

E. The account holder of the premises where the tampering occurred shall be responsible for payment of the actual cost to repair all damages associated with the tampering, and for an additional charge for the tampering which shall be set by resolution of the City Council. All costs and charges shall be added to the account of the water service customer and must be paid before water service is restored to the premises.

(Ord. No. 2019-1054, § 2, 12-9-2019)

The Director of Finance shall collect all moneys that shall become due to the City for water services, payments for extensions, and all other costs, charges, penalties, and fees as provided in this chapter and shall pay them into the City Treasury and account for them in the same manner as the Director of Finance pays into the City Treasury and accounts for all other sums received in their official capacity. All moneys so collected shall be placed in special funds to be known as the Water Service Fund, and the Water Quality Sinking Fund, as appropriate, and such money shall be expended for the administration, engineering, operation, maintenance and expansion, including the purchase of water systems, land and/or easements, for the Ceres water system.

(Ord. No. 2019-1054, § 2, 12-9-2019)

A. An application for the installation, relocation, or change in size of service shall be submitted and the appropriate fees paid prior to any work being done.

B. Where a City-owned main or lateral is in service:

1. The developer shall have any work on water services done by a licensed plumbing contractor.

2. The City may install, relocate or change in size any service connection up to two inches if staff is available and upon deposit of an amount equal to the estimated cost of the work; i.e., labor, equipment, materials, including meter, if required, and overhead.

3. The developer shall pay the actual cost for any work done by the City. If the actual cost is greater than the estimate, the developer will be billed the difference; if the cost is less, the excess will be refunded.

C. All meters, meter boxes, and associated equipment within the City Standards shall be approved by the City prior to installation by the developer. All meters and associated equipment within the City of Ceres Standard Construction Details shall be installed by the property owner and approved by the City prior to acceptance. The City will maintain all meters.

D. The City will maintain services from the water main to the water meter or meter idler, whichever occurs first, within the City right-of-way or public utility easement. Any service, irrespective of any other portion of this Code, that is not located within the City right-of-way or public utility easement shall be maintained by the consumer.

(Ord. No. 2019-1054, § 2, 12-9-2019)