Chowchilla Municipal Code Ch. 13.04 Water Service

Footnotes:

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Editor's note— Ord. No. 496-19, § 1, adopted April 23, 2019, amended Ch. 13.04 in its entirety to read as herein set out. Former Ch. 13.04, §§ 13.04.005—13.04.270 pertained to similar subject matter. See the Code Comparative Table for a complete derivation.

A. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definitions of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

B. The meaning of additional terms as used in this chapter shall be as follows:

1. "Air-conditioning system" or "refrigeration system" means any combination of equipment, whether compressor or other type, by which heat is removed from the air from which the accumulated heat is wholly or partially removed by the use of water.

2. "Applicant" is the owner or authorized agent of the owner making application for service under this chapter.

3. "Auxiliary water supply" means any water supply on or available to the premises other than through the city water system.

4. "Commercial" and "business" uses shall include, but not be limited to, offices, merchandising and industrial uses, residential uses on premises where there are two or more dwelling units.

5. "Completion" means acceptance, in writing by the city administrator for maintenance of an addition to the city water system.

6. "Connected" means the physical joinder to the city water system of any plumbing, water supply, or fire protection system on any parcel.

7. "Contractor" is an individual, firm, corporation, partnership, or association duly licensed by the state to perform the type of work to be done under the permit and shall be the owner or his agent.

8. "Cost" means the cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

9. "Cross-connection" means any connection between any part of a water system used or intended to supply water for drinking purposes and any source of system containing water or substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.

10. "Distribution mains" means waterlines in streets, highways, alleys and easements used for public and private fire protection or for general distribution of water for irrigation, industrial and municipal purposes.

11. "Dwelling unit" or "living unit" means a room or suite of rooms which is occupied by one family for living and sleeping purposes.

12. "Engineer" is the engineer appointed by and acting for the city and shall be a registered civil engineer.

13. "Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.

14. "Parcel" or "lot" means any premises, piece or parcel of land or property, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the recorder of the county; provided, however, that in the event any building or improvements appurtenant to said building covers more area than a "lot," as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located.

15. "Permit" is any written authorization required pursuant to this or any other rule, regulation or ordinance of the city for the installation of any waterworks.

16. "Person" is any human being, firm, company, partnership, association, and private, public or municipal corporation, the United States of America, the state, districts and all political subdivisions, governmental agencies and mandatories thereof.

17. "Premises" means a lot or parcel of real property under one ownership, except that any separate structure under one roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

18. "Private fire protection service" means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.

19. "Private swimming pool" means any pool or other outside body of water eighteen or more inches in depth at any point, the volume of which is not less than one hundred cubic feet, and is designed for swimming, wading, or bathing purposes.

20. "Public fire protection service" means the service and facilities of the entire water supply, storage and distribution system of the city, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

21. "Refrigeration system" means an installation for maintenance by heat removal, of temperatures which are less than sixty degrees Fahrenheit.

22. "Service" or "service connection" means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water service from a distribution main to premises. Where customers are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

23. "Street" is any public highway, road, street, avenue, alley, way, easement or right-of-way.

24. "System charge" or "distribution system charge" means a fee for the right to connect to the city water system representing the cost of constructing or reconstructing water mains in the system.

25. "System" or "distributions system" means the network of water mains which serve to transmit water from supply wells to individual properties or which serves to interconnect the supply wells.

26. "Temporary water service' means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

27. "Water supply well charge" means a fee for the right to connect to the city water system, said fee representing the costs of drilling, developing, providing pumping facilities and placing into operation the water well to which connection will be made for primary service to the subject property.

28. "Well service area" means that area determined by the city which can be served with a water supply from a well, developed and constructed to city standards.

(Ord. No. 496-19, § 1, 4-23-2019)

The city shall, at all times, have the right of ingress to and egress from the consumer's premises at all reasonable hours for any and all purposes reasonably connected with the furnishing of water and the exercise of any and all rights secured to it by this code or other city ordinance.

(Ord. No. 496-19, § 1, 4-23-2019)

The city council may adopt additional rules and regulations for the distribution and delivery of water to consumers who take water from the city. Such rules and regulations, when approved by the city council by resolution, shall be in full force and effect.

(Ord. No. 496-19, § 1, 4-23-2019)

A. All service connections or reconnections installed in the city of Chowchilla, including, but not limited to, residential, commercial, industrial, schools, or public and government entities, shall be equipped with water meters.

B. For each lot which requires a new service connection or revised service connection to a main determined by the city to be in active service, the applicant shall pay in advance to the city a charge for the cost of the service installation or revision equal to the cost of labor (including overhead), equipment and materials, including the meter where applicable. For services two inches in diameter or smaller, such charges may be fixed uniformly by the council from time to time by resolution.

C. The charge for replacement of an existing water service connection or meter by one of a larger size shall be the same as for a new service or meter of the size requested, except that when mains and services are being replaced under a city water main replacement program, the charge for increasing the size of service will be the difference in cost between the size requested by the property owner and the size which would normally be installed by the city under its replacement program.

D. Where it is necessary to relocate a water service for the convenience of a property owner, or where relocation is required because the construction by or on behalf of the property owner will interfere with the operation or maintenance of the service connection, the charge for such relocation shall be the cost for labor (including overhead), equipment and material.

E. The city council may require the installation of water meters and charge the meter rate on existing services as it deems necessary. The cost for such meter and installation thereof shall be born by the user. The charge for each size meter and installation thereof shall be set by resolution of the city council as to amount, time and method of payment.

F. The city council may require modifications or improvements to existing water meters on any or all services to improve accuracy, reduce operating costs, or to provide better service to users. The payment or cost for such meter modifications shall be borne by the user. The charge for each meter modification shall be set by resolution of the city council as to amount, time and method of payment.

G. When a property owner requests the abandonment of one or more services and the installation of one or more new services, the cost of abandonment and the cost of the new service shall be from time to time set by resolution of the city council.

H. No more than one meter per dwelling unit shall be installed on any residentially zoned property, except where there are four or more residential units a separate meter for landscaping and common facilities may be installed.

I. It is unlawful to cause, allow, or permit tampering with any water meter, valves, transmitters, or other meter appurtenances; or to obscure, bury, block access to, or otherwise hide a valve, valve box or water service feature. If, as a result of tampering, the meter or service is damaged, an additional fee for all the cost for staff to remedy the damage or disruption shall be charged and collected in addition to all other charges and penalties, payment of such charges and penalties shall be required before water is restored.

J. Unlawful to Connect Other Water. No person shall allow a connection to be made or exist between the city's water system and another source of water supply or water system unless such connection is fitted with a suitable backflow prevention device approved by the city and the county health office preventing water from such other source of supply entering the city's water system.

K. Unlawful Furnishing or Receiving of Water. No person receiving city water shall furnish such water to any premises other than that to which the city bills or meters such water, and no person shall furnish or receive city water to any premises for which the water rates prescribed by the city are not being paid.

L. Bypass Connections Unlawful. Any bypass or connection around the meter between the service and the main shall be prohibited unless specifically authorized by the director of public utilities for a limited period of time because of emergency work. All water used on any premises shall pass through the water meter.

M. Unlawful Entries on Water Facilities. No person shall climb on or upon any water tower or water tank to enter on or upon any pump house or pit without a permit from the public utilities department.

N. Unlawful to Cover Meter Boxes. No person shall cover meter boxes with trash, rubbish, dirt, or other foreign matter, or permit ivy or other shrubbery to grow over meter boxes, or park automobiles or other vehicles over meter boxes.

(Ord. No. 496-19, § 1, 4-23-2019)

A. No person shall connect any premises, lot, parcel or structure to the city water system without a permit from the city. No such permit shall be issued by the city unless the applicable charges designated in this chapter and as provided by resolution of the city council have been paid.

B. Distribution System Charge. A distribution system charge shall be required for all lots sought to be connected to the city water system. The charge shall be either the minimum charge per lot, or the applicable rate per gross or net acre designated in the resolution of the city council providing such rates, whichever is greater. Area calculation shall be upon the following:

1. Gross acreage shall be calculated to include the street right-of-way and shall include one-half of the right-of-way on boundary streets. Areas dedicated or condemned for public street and alley purposes shall be excluded in calculating net acreage.

2. Property which has wholly or proportionately paid the distribution system charge, when such fact has been or can be established to the satisfaction of the city administrator need pay only the distribution system charge applicable to the portion of the property for which the charge has not been paid. A property or lots within the city limits (except for those to whom water service is solely for fire protection) on or before July 1, 1981, shall be deemed to have paid the distribution system charge.

3. When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, or for public recreation uses not enclosed in a building, the city administrator may require the payment of the distribution system charge applicable only to that portion of the lot developed or to be developed; provided, that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet or one-fourth of the lot, whichever is greater. When the balance of the lot is developed, the distribution system charge shall be paid regardless of whether or not additional water service is required. The city administrator shall fix the portion of the lot which is to be considered as developed.

C. Water Supply Well Charge. A water supply well charge shall be required for each lot or property sought to be connected to the city water system within any area annexed to the city after July 1, 1981. The amount of the charge will be based on the number of dwelling units per acre. The provisions for credit set forth in Section 13.12.050(A)(2)(a) shall be used in the same manner for the water supply well charge.

Well service areas shall be established by the city council for all land located within the city and annexed areas, the boundaries of which areas shall reflect that territory which the city council estimates will receive primary service from existing or projected water wells. The city shall maintain an official well service map designating all established well service areas. When each projected well is completed and its capacity is established, the city council may amend the well service areas to fit the actual capacity as so established.

D. Payment of fees and issuance of permits pursuant to this section does not authorize the permittee to perform or cause to be performed work specified in this chapter to be performed by the city. Fees authorized by this section shall be from time to time set by resolution of the city council.

(Ord. No. 496-19, § 1, 4-23-2019)

Whenever the city requires a person to construct facilities that exceed the standards of the city necessary to serve the property for which the facilities are being constructed as a condition precedent to approval of development, a reimbursement agreement covering that portion of the total cost of construction as verified and approved by the city shall be subject to reimbursement; provided, that the reimbursement agreement is to reflect the area of benefit and the costs to be charged in such area. The city will only collect and make such reimbursement for a period of ten years after completion and disbursement and preparation of the agreement are to be paid by the person requesting the agreement. The cost eligible for inclusion shall be determined by the city council in its sole discretion and such decision shall be final. Cost may include, but is not limited to, interest during the life of the agreement. The city may cause the cost of preparation of such agreement to be prepaid. The persons requesting such agreement shall provide to the city the cost information required to prepare such an agreement and deposit the amount established by the city administrator to cover the cost of preparing said agreement.

(Ord. No. 496-19, § 1, 4-23-2019)

The size of the taps and the service connection installed for any water consumer shall be as the city may designate.

(Ord. No. 496-19, § 1, 4-23-2019)

Water service shall not be delivered to any premises unless a stopcock or valve is placed in an accessible place between the stopcock of the city and all faucets or taps on the premises.

(Ord. No. 496-19, § 1, 4-23-2019)

Only the city may open or close any valve. It is unlawful to cause, allow, permit, or tamper with any valve or other devices in the city's water system.

(Ord. No. 496-19, § 1, 4-23-2019)

Only duly authorized employees of the city shall connect the consumer piping and apparatus with the city's water mains.

(Ord. No. 496-19, § 1, 4-23-2019)

When water service is delivered from a single tap or service connection to more than one consumer in the same building or separate buildings, the city may, at its option, make its charges and collect its bills from each of such consumers for the service rendered each or from one of the consumers for all the service rendered through such single tap or service connection or from the owner or lessor of such premises.

(Ord. No. 496-19, § 1, 4-23-2019)

The consumer shall, at his own risk and expense, furnish, install and keep in good and safe condition all water pipes, machinery and apparatus which may be required for receiving water from the city at the point of delivery and for applying and utilizing such water. The city shall not be responsible for any loss or damage occasioned or caused by negligence or want of care on the part of the consumer in installing, maintaining, using or operating such water pipes, apparatus, appliances or fixtures. All consumers having equipment requiring a continuous flow of water shall provide a tank from which to feed the same.

(Ord. No. 496-19, § 1, 4-23-2019)

Meters, appliances, apparatus, backflow equipment, and fixtures of every description installed by the city upon the consumer's premises for the purpose of delivering water to the consumer, shall continue to be the property of the city, and may be repaired, replaced or removed by it at any time. No rent or other charge whatsoever shall be made by the consumer against the city for placing or maintaining said meters, appliances, apparatus, backflow equipment, or fixtures upon the consumer's premises. The consumer shall exercise reasonable care to prevent the meter, appliances, apparatus, backflow equipment, and fixtures of the city upon said premises from being injured or destroyed and shall refrain from interfering with the same, and in case any defect thereof shall be discovered, shall immediately notify the city thereof.

(Ord. No. 496-19, § 1, 4-23-2019)

No consumer shall make or allow any other person to make any connection to or extension of such consumer's piping for the purpose of supplying any other consumer with water service, except with the express consent obtained first hand and from the city.

(Ord. No. 496-19, § 1, 4-23-2019)

The city, in furnishing water to any user, does not guarantee continuous service, and assumes no liability for any damage or injury arising out of any failure to provide continuous service. The city will use all reasonable efforts to provide water service.

(Ord. No. 496-19, § 1, 4-23-2019)

The city expressly disclaims responsibility or obligation to furnish water under normal pressure to buildings or structures three stories or more in height. It shall be the responsibility of the owner or tenant to provide adequate pressure systems or booster pumps therefor.

(Ord. No. 496-19, § 1, 4-23-2019)

Public agencies, industries, and individuals located outside the city shall be charged a monthly water charge to be determined in each individual case by the council.

(Ord. No. 496-19, § 1, 4-23-2019)

A. Each air-conditioning equipment or system by which the accumulated or effluent heat from the air is wholly or partially removed by the use of water supplied by any pipes connected to the city's water system shall be equipped with such water-saving devices as evaporative condensers, cooling towers, spray ponds, or other water saving devices or water conserving devices, such as drain wells. All such equipment using water from the city's water system shall be equipped and have installed thereon a water pump of sufficient capacity to cause the reuse of all water by such air-conditioning equipment. The water used in such systems shall not be permitted to flow into the city's sewer system.

B. Individuals wasting water due to damaged or faulty mechanical equipment may be given a five-day notice to make the necessary repairs. Failure to remedy a leak within the allotted time will result in the issuance of a water waste violation.

(Ord. No. 496-19, § 1, 4-23-2019)

Lawn sprinkling systems shall be properly designed, installed and operated to prevent wastage of water.

(Ord. No. 496-19, § 1, 4-23-2019)

The city shall deliver water service to lots unoccupied by any building for the irrigation of trees that are planted thereon in advance of construction of the buildings that are to permanently occupy such lots, at the rate of fifty cents per tree, beginning May 1 and ending November 1 of each year, payable in advance.

(Ord. No. 496-19, § 1, 4-23-2019)

The city council may adopt additional rules and regulations for the use of city water for irrigation, which may include but not limited to, the schedule and hours that such water may be used. Such rules and regulations, when approved by the city council by resolution, shall be in full force and effect.

(Ord. No. 496-19, § 1, 4-23-2019)

No person shall use water by means of an open hose or open faucet for irrigation purposes. Every hose used for irrigation purposes shall have attached thereto a spray nozzle or sprinkling device.

(Ord. No. 496-19, § 1, 4-23-2019)

A. Permits to Use. No person shall take water through or from any fire hydrant in the city without a valid permit and shall first file with the city an application specifying the hydrant and the time desired to take such water.

Such permit may be issued by the department of public works and shall be good only for the hydrant and time specified in the permit and shall not be transferable.

Permits may be refused any person who may be indebted to the city for water previously received by such person from the city.

B. Use of Fire Hydrants. Every person using or taking water through or from any city fire hydrant shall carefully close all valves on such hydrant after use, leave the valves and hydrant in good working order, and remove any hose connection attached to such hydrant.

Any person taking water through or from any city fire hydrant shall accurately fit the valve stem or cap thereof. No person shall apply or use any wrench upon the valve stem or cap of any hydrant unless such wrench exactly fits the valve stem or cap to which applied.

Any person taking water through or from any city fire hydrant shall utilize a hydrant meter rented from the public works department according to the permit terms. An appropriate backflow device shall be installed downstream from the hydrant meter as determined by the city.

C. Unlawful to Damage Fire Hydrants. No person shall intentionally damage any fire hydrant in the city.

D. Unlawful to Leave Refuse Near Fire Hydrants. No person shall in any way obstruct, or allow or cause an obstruction of, any public street or alley within twenty feet of any fire hydrant in the city; provided, however, nothing in this section shall apply to any obstruction necessarily made by reason of any work of street improvement ordered by the city and for which the city has issued a permit.

(Ord. No. 496-19, § 1, 4-23-2019)

Each consumer of water shall keep all connections, faucets, hydrants, pipes, outlets, and plumbing fixtures tight and free from leaking, dripping, or wasting water. Any property with water service from the city system that has an unidentified discharge of water shall be repaired so as to discontinue the uncontrolled discharge. Costs for identifying the location of the discharge and making repairs or modifications shall be the sole financial responsibility of the property owner.

(Ord. No. 496-19, § 1, 4-23-2019)

No person shall willfully waste water supplied by the city water department.

(Ord. No. 496-19, § 1, 4-23-2019)

No person shall use water through any hose, pipe, or other discharge for the purpose of watering gardens, trees, lawns, flowers, or plants or for other irrigation or agricultural purposes without the use of a restricting nozzle or sprinkling device or unless such use is manually controlled and attended.

(Ord. No. 496-19, § 1, 4-23-2019)

No person shall allow water to run or waste from his or her property onto a city street to such an extent that water shall flow in the street gutter excessively beyond the frontage of the property occupied by such person; nor to flow excessively off of the occupied property into the street gutter; nor to continuously fall upon a public right-of-way or adjoining property such as to significantly contribute to the gutter flow; nor to excessively flow onto, or continuously fall upon, adjoining properties or an alley.

(Ord. No. 496-19, § 1, 4-23-2019)

Each consumer of water shall keep all connections, faucets, hydrants, pipes, outlets, and plumbing fixtures tight and free from leaking, dripping, or wasting water. Any property with water service from the city system that has an unidentified discharge of water shall be repaired so as to discontinue the uncontrolled discharge. Costs for identifying the location of the discharge and making repairs or modifications shall be the sole financial responsibility of the property owner.

(Ord. No. 496-19, § 1, 4-23-2019)

A. In the use of water supplied by the city of Chowchilla, the following requirements shall apply:

1. Washing of exterior asphalt or concrete areas with potable water is prohibited except for those businesses that are governed by the food and drug administration or state or county health department requirements that require these areas to be washed for health purposes. Documentation indicating such regulations must be provided to the director.

2. The use of potable water for washing cars, boats or other vehicles is prohibited without the use of a quick acting positive shutoff nozzle on the hose and the use of buckets for washing with water from the hose used for light rinsing. These regulations apply to both residential customers and fundraising events. The business owner at which a fundraising car wash is held is responsible for both the enforcement of these regulations and any citations which may result due to abuse of these regulations.

3. All new construction and remodeling or additions to habitable areas with a valuation in excess of five thousand dollars will be required to install or replace existing faucets and showerheads with low flow devices and toilets with ultra-low flow units that are in compliance with Senate Bill 407.

B. Exceptions: The city administrator or designee may grant an exception from the requirements of this chapter for any of the following reasons:

1. Water use is necessary to public health and safety or for essential government services; or

2. Recycled water is being used; or

3. Water use is necessary due to the medical needs of the water customer; or

4. An alternative water source/supply is available for use.

C. Exemptions: The city council may grant an exemption to the requirements of this chapter, with or without conditions, if it determines that a water customer would otherwise experience extreme financial hardship that cannot be mitigated. The city council shall review any requests for an exemption from compliance with this chapter. A written request for an exemption must be submitted to the city clerk a minimum of two weeks prior to the regularly scheduled city council meeting at which the exemption is to be considered. If appropriate, the city council may require the customer granted an exemption to reduce water use by other appropriate alternative methods. Notwithstanding any other provision of this code, there shall be no right to further administrative review or appeal of the determination of exemption of the city council. The city council may establish an "exemption processing fee" by resolution.

(Ord. No. 496-19, § 1, 4-23-2019)

A. The city council may declare the conservation level based on a determination made by the city administrator, or based upon any reduction in water supply or delivery that the city council determines in its sole discretion necessitates water conservation pursuant to this chapter. The city council may determine and order water prohibitions and restrictions levels I—IV as outlined herein. The city council will publish a notification in a newspaper of general circulation a declaration of the level of conservation to be implemented. Compliance within five days of publication of the declaration is mandatory.

B. Level I Conservation Measures. At this level of the conservation plan, the goal is to inform the public of the pressing need to conserve water. This can be done through information and education measures, which can directly affect water-use habits of the city's customer base.

Water bill inserts, pamphlets upon request, partnering with local schools to encourage water conservation practices, creating workshops for local plumbers, plumbing fixture water utilities, and builders or landscape and irrigation service providers are all examples of education and information measures the city can implement.

The goal of this measure is to have residents and businesses voluntarily comply with best practice water conservation measures, with the goal of reducing average water consumption by ten percent. Water tanks and wells will be monitored by the water department.

The following restrictions shall apply:

1. Customers shall water outdoor landscaping no more than three days per week. The council may designate dates and times for outdoor landscaping watering by adopting rules or regulations through a resolution.

2. Landscape watering for municipal parks will be reduced from six to four days or less per week, unless otherwise directed by rules or regulations adopted pursuant to Chowchilla Municipal Code Section 13.04.160.

3. Drilling of new water wells and/or deepening of existing water wells for either agricultural or domestic uses must be reviewed by the director of public services prior to commencement of work. Such work will be approved or denied based on the evaluation of prior and/or current use of the land.

C. Level II Conservation Measures. All prohibitions and restrictions in level I shall apply, and in addition:

1. Customers shall water outdoor landscaping no more than two days per week. The council may designate dates and times for outdoor landscaping watering by adopting rules or regulations through a resolution.

2. Hotels, restaurants, and bars are encouraged to only provide drinking water to customers upon request.

3. Landscape watering for municipal parks will be reduced to three days or less per week, unless otherwise directed by rules or regulations adopted pursuant to Chowchilla Municipal Code Section 13.04.160.

4. Drilling of new water wells and/or deepening of existing water wells for either agricultural or domestic uses must be reviewed by the director of public works prior to commencement of work. Such work will be approved or denied based on the evaluation of the impact on existing water resources. At level II and above, prior and/or current use of the land will not be the only factor considered.

D. Level III Conservation Measures. All prohibitions and restrictions in levels I and II shall apply, and in addition:

Customers shall water outdoor landscaping no more than one day per week. The council may designate dates and times for outdoor landscaping watering by adopting rules or regulations through a resolution.

1. Personal vehicles may only be washed once per week, on the assigned watering day, and only with the use of a quick-acting positive shut off nozzle.

2. Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels.

3. Landscape watering for municipal parks will be reduced to two days or less per week and restrictions shall be implemented on golf course watering, unless otherwise directed by rules or regulations adopted pursuant to Chowchilla Municipal Code Section 13.04.160.

E. Level IV Conservation Measures.

1. All prohibitions and restrictions in levels I, II and III shall apply, and in addition: Watering of outdoor landscapes is prohibited. This restriction shall not apply to the following categories of use:

i. Maintenance of trees and shrubs that are watered on the same schedule set forth in subsection (C) by using a bucket, hand-held hose with a positive shut-off nozzle, or low-volume non-spray irrigation;

ii. Maintenance of existing landscaping necessary for fire protection as specified by the city fire chief;

iii. Maintenance of existing landscaping for erosion control;

iv. Maintenance of plant materials identified to be rare or essential to the wellbeing of rare animals;

v. Maintenance of landscaping within municipal parks and golf course greens, provided that such irrigation does not exceed one day per week;

vi. Watering of livestock; and

vii. Public works projects and actively irrigated environmental mitigation projects.

2. Swimming pool filling or refilling is prohibited.

F. Penalties.

1. Unless otherwise provided, any water customer violating any provision of this chapter shall be guilty of an infraction, and each day or portion thereof such violation is in existence shall be a new and separate offense.

2. Any water customer determined to be guilty of a first time violation shall be given a written reminder for compliance. For the second violation within a one-year period, a fee of fifty dollars shall be charged. For the third violation within a one-year period, a fee of one hundred dollars shall be charged. For the fourth and subsequent violations within a one-year period, a fee of one hundred fifty dollars shall be charged. Additionally, any unmetered customer shall have a meter installed after the fourth violation at the customer's expense. The cost of the meter installation shall be added to the customer's account and paid over a maximum six-month period. For any customer who incurs within a one-year period four or more water waste violations or does not comply with the water efficient landscape requirements, the city may implement any or all of the following measures:

i. Require a customer to get a landscape evaluation, lawn water audit, and water budget, as appropriate, in order to learn efficient water use. This work would be completed at customer expense;

ii. Require a customer to repair any defects in the watering system of such customer within fourteen days' notice by the city to repair;

iii. Installation by the city of flow restrictors or termination of water service for exterior use;

iv. Termination of All Water Service to a Customer. No water service shall be limited or discontinued until the city administrator or his or her designee provides a written notice of intent to so limit or discontinue such service and the reasons for such decision, and further, provides such water customer notice of the right to request an administrative review and hearing pursuant to the procedures set forth in Section 1.10.080, Title 1, of the city municipal code.

In addition to the foregoing, during any declared state of emergency by the state or city related to drought or potable water conditions that mandate water conservation in the city, state or federal regulations that mandate water conservation in the city, or during local water shortages, the city council may by resolution adopt mandatory water usage limits and impose penalties on the customer for violations of those usage limits. The penalties shall be added to the customer's account. A violation of the usage limits shall also be deemed a violation of the municipal code.

Water service shall be turned off and discontinued to any premises on or from which water supplied by the city is being disposed or used in violation of any law of the city other than wasting or noncompliance with water efficient landscape requirements. Water service shall not be restored to any premises until the owner and the occupant thereof terminate any violation and agree not to continue to repeat such violation. Such agreement shall be guaranteed by a cash deposit in such sum as the director of finance shall fix, not to exceed one hundred dollars.

(Ord. No. 496-19, § 1, 4-23-2019)

A. Outside use of water for purposes other than irrigation is allowable during any hour of the day and within the following guidelines: washing of house windows and vehicles is permissible if a water flow control device is attached to the end of the hose and water does not waste excessively onto the street or adjacent property; non-profit organizations may conduct car wash fundraisers under the same guidelines; washing down of exterior walls of buildings is permissible only for cleaning purposes in preparation for painting, stucco, or other maintenance; portable wading pools are allowed with adult supervision and no waste of water; no continuous flow of water is permissible for recreational activity; businesses which sell ready-to-eat foods, drinks, or automotive fuels may use water for health and sanitary cleanup purposes only when mopping is inadequate; washdown of driveways, parking lots, walks, or paved areas at businesses or residences is prohibited during water restriction months; washdown of street pavement and gutters is prohibited yearround.

B. If prior notice is given to the public works department swimming pools may occasionally be emptied or a substantial portion drained for maintenance which cannot be accomplished when full of water. For the purposes of this section a substantial portion shall be considered anything more than two hundred fifty gallons of water. Emptying or draining a significant portion of a pool more than once between May 1 and September 30 will be a violation and subject to the same surcharges in effect for other water waste. Pools must be equipped with filtration systems in good working order.

(Ord. No. 496-19, § 1, 4-23-2019)

Metered and flat rate fees for construction water shall be established by resolution. Water may be taken only from fire hydrants specifically designated by the department of public works. Construction water must be utilized in a prudent manner and not allowed to be wasted. Removal of water from the city system for construction or other purposes without authorization shall be considered a violation of this section and is expressly declared to be a misdemeanor. No water shall be exported for use on a project outside of the city.

(Ord. No. 496-19, § 1, 4-23-2019)

Any consumer desiring to make repairs to his pipes, who requests the city to turn off the water, shall pay an amount which shall be from time to time set by resolution of the city council.

(Ord. No. 496-19, § 1, 4-23-2019)

Whenever the service to any consumer is discontinued for nonpayment of a bill such consumer shall, before such service is again resumed, pay an amount which shall be from time to time set by resolution of the city council.

(Ord. No. 496-19, § 1, 4-23-2019)

Each water consumer shall pay for all water sold, supplied, distributed or transported to or for consumers situated inside or outside the city limits, a monthly rate which shall be from time to time set by resolution of the city council.

(Ord. No. 496-19, § 1, 4-23-2019)

The city reserves the right to install a meter for the purpose of measuring water use by any consumer who takes water from the city, and charge at the meter rate which shall be from time to time set by resolution of the city council.

(Ord. No. 496-19, § 1, 4-23-2019)

Service charges for consumers of the city water department for domestic, irrigation, commercial and industrial meter service, swimming pools, fountains and fish ponds, sanitariums and hospitals, and automatic sprinkler services connection for fire protection shall be paid at a rate which shall be from time to time set by resolution of the city council.

(Ord. No. 496-19, § 1, 4-23-2019)

A person violating any of the provisions of Chapter 13.04 or any of the rules and regulations adopted by the city pursuant to Section 13.04.050 shall, in addition to any fine or imprisonment imposed for such violation, be subject to the following penalties:

A. For the first violation, a warning shall be issued.

B. For a second violation, city shall impose a fine to the consumer in the amount of fifteen dollars.

C. For a third violation, city shall impose a fine to the consumer in the amount of twenty-five dollars.

D. For a fourth violation, city shall impose a fine to the consumer in the amount of thirty-five dollars.

E. For a fifth violation, city shall impose a fine to the consumer in the amount of forty-five dollars.

F. For a sixth violation, city shall impose a fine to the consumer in the amount of the fifth violation, forty-five dollars, plus fifteen dollars.

G. For each subsequent consumer violation a fifteen-dollar fine will be imposed by the city in addition to the previous fine.

(Ord. No. 496-19, § 1, 4-23-2019)