Coachella Municipal Code Art. I In General

The city of Coachella municipal code Title 13, Public Utilities, provides for the regulatory framework for sewer and water services for the city of Coachella and the recognized sphere of influence in Riverside County, California. This title may be referred to as the public utilities ordinances. The public utilities ordinance pertains to water, sewer, and electric system service to land or improvements, or both, lying within the boundaries of the city, unless specific provision is made by agreement with the city for service outside of city limits. If sewer and water do not exist in the immediate area, the applicant, owner, or the customer shall provide or finance such facilities and/or capacity. The owner of the property outside of a then-existing city limit, which property has adequate sewer and water facilities and/or capacity or funds therefore, must cause all such facilities and/or capacity or funds to be transferred to the city.

Property not within the incorporated boundaries of the city and which is to be provided with service by the city, is subject to annexation to the city of Coachella. Annexation to the city may, in turn, be subject to annexation to other agencies, except as otherwise provided by agreement.

The city, at its discretion, may from time to time contract with an applicant, owner, or customer to initiate and pursue to completion the establishment of a financing district and the sale of bonds to provide the funds to construct the necessary sewer, water, and/or recycled water facilities or system capacity necessary for service to collection and distribution facilities that are required to provide the applicant, owner or customer as a condition of obtaining service from the city.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Sewer and water system service shall be provided by the city only if a permit for such sewer and/or water system service is obtained in the manner hereinafter provided, unless otherwise determined by the city council.

B. Sewer and water system service shall be available only in accordance with the rules and regulations, as well as applicable federal, state, and local statutes, ordinances, regulations, and contracts, and other requirements including, but not by way of limitation, the California Water Code, and other state statutes and regulations imposed by the California Regional Water Quality Control Board - Colorado River Region, and State and local health departments, as well as the terms of any service agreement and permit issued by the city. Any such permit may be revoked by the city and thereupon all such sewer and water system service shall cease in the manner provided for in the city Code of Ordinances.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Sewer and Water Permit Application. An application for sewer and water must be made in writing, signed by the applicant, and the owner or customer, if they are not one in the same. The utilities general manager in his/her discretion may provide an abbreviated form of the application for permits when no unusual facts are determined in his/her discretion to exist. Other than specified above, the form of application shall be furnished by the city.

1. An applicant for sewer and water service permit under this chapter must comply with the requirements of any and all applicable federal, state, and local statutes, ordinances, resolutions, rules and regulations and other requirements.

B. Discharge Permit Application. An applicant for sewer service may be required to obtain a discharge permit for use of the city's sewerage facilities in addition to the permit required for all applicants for sewer service. The conditions under which a discharge permit may be required are based on the quantities and constituents of wastewater discharged into the city's sewerage facilities. The applicant shall comply with all federal and state requirements including, but not by way of limitation, any and all requirements of the Environmental Protection Agency (EPA) and any commitments for reimbursements required by the EPA in excess of the charges of the city. These requirements are set forth in the Federal Water Pollution Control Act and the Code of Federal Regulations, which by this reference are herein incorporated as though set forth in full.

C. The city may, at its discretion, require specific prior approval of any permit by any federal, state, and or local agency having jurisdiction over an interest in the operation of the city's facilities.

D. The utilities general manager review applications and shall render a decision on completed applications. The utilities general manager shall review the application and make such investigation relating thereto as deemed necessary. The utilities general manager may prescribe requirements in writing to the applicant as to the facilities necessary to be constructed, manner of connection, the financial requirements, and the use of service including the availability of adequate water and sewerage system facilities, and in cases of sewer service pretreatment facilities, if necessary, to insure initial and future continued compliance with the city's ordinance and rules and regulations and any other applicable requirements.

E. An applicant may appeal the utilities general manager's decision on an application by following the procedures in Sections 13.02.780 and 13.02.785.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Water Service Lines. The city reserves the right to determine the size of the water service lines, the service connections, and the meters and shall also have the right to determine the kind and size of backflow protection devices for potable water services, in accordance with Title 13 Public Utilities, and any and all other appurtenances to service. The water service lines shall be installed to a curb line or property line of the customer's property, abutting upon a public street, highway, alley, easement, lane, or road other than a freeway in which are installed water mains of the city.

B. Lateral Sewer and Lateral Connections. The city shall determine and specify in the permit the size, location, and manner of installing the sewer lateral. Such design shall be in accordance with the city's Standard Details manual. If a lateral sewer is installed by the applicant, owner, or customer, the lateral sewer joints shall remain exposed until they are inspected and approved by the city. The size, slope, alignment, and materials of construction of the customer's building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling of the trench shall conform to the city's Standard Detail Manual up to the city's jurisdiction and from there on to applicable plumbing codes enacted and enforced by the city of Coachella.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Water Service Connections - Each residence and/or building under separate ownership must be provided with a single and separate water service connection and water meter except under special conditions as determined by the city. Except as provided below, two or more buildings under one ownership and on the same parcel of land shall be supplied by a single water meter.

1. The city reserves the right to limit the number of buildings, such as apartments or the area of land under one ownership to be supplied by one water service connection and meter.

2. Except for a condominium building, not more than one water meter for domestic or commercial supply shall be installed for one building, except under special conditions as determined by the city.

3. A water service connection and water meter shall not be used to supply adjoining property of a different property owner, or to supply property of the same owner across the street or alley.

4. When property provided with a water service connection and water meter is subdivided, such connection and meter shall be considered as serving the lot or parcel of land that it directly or first enters. Additional water mains and/or service lines will be required for all subdivided areas in accordance with this ordinance.

5. All water used on any premises where a meter is installed must pass through the meter. Customers shall be held responsible and charged for all water passing through their meters.

6. Every water service shall be equipped with an angle curb stop or wheel valve on the inlet side of the meter; such valve or angle curb stop being intended exclusively for the use of the city in controlling the water supply through the service line. If the curb stop or wheel valve is damaged by the customer's use to an extent requiring replacement, such replacement shall be at the customer's expense.

7. If the customer's rate of consumption results in excessive wear of the meter, or is such that the meter is unable to measure the flow of water accurately, the city may increase the size of the meter and require payment of the actual cost of installing the new meter.

B. Lateral Sewer.

1. For single family detached unit residential development, a separate and independent lateral sewer shall be provided for every individual parcel or building under individual ownership.

2. For condominium developments the following minimum number of lateral sewer shall be provided:

a. Non-Stacked: One lateral per every two units - Four inch size.

b. Two Story Stacked: One lateral per every four units - Six inch size.

c. Multi-Story: Two laterals per building - Six inch size.

3. For apartment developments the following minimum number of lateral sewers shall be provided, one lateral per building - Six inch size.

C. The city reserves the right to limit the number of buildings or the area of land under one ownership to be connected to one lateral sewer.

D. When property provided with a lateral sewer is subdivided, such lateral shall be considered as serving the lot or parcel of land that it directly first enters. Additional sewer and/or lateral sewers may/will be required for all subdivided areas in accordance with the city ordinance.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

No person shall make connection to the city's sewer and water system facilities without a permit or except as provided in the permit issued by the city. Specifically, but not by way of limitation as to any connection to the city's sewerage facilities, no roof downspouts, exterior foundation drains, areaway drains, carwash pads not covered by a roof, or other sources of runoff or groundwater shall be connected to a city sewer facility or to a building sewer or drain that in turn is connected directly or indirectly to a city sewer facility.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Applicant" means the person making application for a permit for a sewer or plumbing installation and shall be the owner of premises to be served by the sewer for which a permit is requested, or his authorized agent.

"Bedroom" means any room exclusive of a living room, kitchen, dining room, laundry room or bathroom which is either regularly used for sleeping purposes regardless of size, or which may be used for sleeping purposes and has a floor area of not less than sixty (60) square feet, and shall include any study, den, rumpus room or family room which has a floor area of not less than sixty (60) square feet.

"BOD" or "biochemical oxygen demand" is the measurement of the dissolved oxygen used by microorganisms in the biochemical oxidation of the organic matter.

"Building" means any structure used for human habitation or a place for business, industry, recreation or any other purpose containing sanitary plumbing facilities.

"Building sewer" means that portion of any sewer beginning at the plumbing or drainage outlet of any building and running to the property line or to a private sewage disposal facility. Unless otherwise provided for, building sewers are not the property or responsibility of the city, but remain in the ownership of and responsibility of the private property owner.

"City" means the city of Coachella.

"Commercial users" includes all retail stores, restaurants, office buildings, laundries and other private business and service establishments, schools, churches and all public and private institutions.

"Depositor" means the person making a deposit with the city.

"Direct costs" means any costs that are directly attributable to and for the sole benefit of a fund. Such costs include but are not limited to salaries and related benefits and departmental expenses for supplies, communications, utilities, rents and leases, equipment maintenance, professional services, insurance, memberships, conferences, training and employee educational requirements.

"District" means the Coachella Sanitary District.

"Floatable hydrocarbon oil" means hydrocarbon oil floating to the surface of a sample of water when it is retained for one hour in a quiescent condition in a vessel with vertical walls filled to a depth of thirty (30) centimeters.

"Floatable oil and grease" means oil and grease floating to the surface of a sample of water when it is retained for one hour in a quiescent condition in a vessel with vertical walls filled to a depth of thirty (30) centimeters.

"General and departmental overhead."

1. "Maintenance and operating fund." Rental costs attributable to building occupancy shall be allocated based on the pro rata share of floor space used.

2. "Sewer capital fund." Costs attributable to the expenditure of such funds not directly chargeable to a construction project. Such costs are to be limited to a fixed percentage of the construction cost of a construction project not to exceed ten (10) percent. Such percentage is to be deemed for the purpose of paying for the project's general and departmental administrative costs of the city.

"House connection sewer" means the portion of a sewer lying within a public street connecting a building sewer to the main sewer. Industrial users means all users classified as industrial under the Federal Water Pollution Control Act (33 USC § 1251 et seq.), and shall include all fruit/produce and or agricultural processes.

"Lateral sewer" means the same as building sewer.

"Local sewer system" means a sewer system consisting of but not limited to sewer lines, manholes, stub-outs, and/or house connection sewer laterals designed and intended to serve a particular tract or group of dwellings.

"Multiple-family residence" means a structure or group of structures, separate or connected, on one parcel of land, occupied or intended for occupancy by more than one family or living group.

"Nondomestic wastewater" means wastewater arising from or associated with a nondomestic operation. Such operation shall be understood to include the following: production or refining of petroleum; production, processing, packing or canning of fruits, vegetables, meat or beverages; laundering of clothes in public laundries; public self-service laundries; hospitals; restaurants; vehicle service facilities, wash racks and garages; production of fertilizer; keeping of livestock or poultry and operation of dairies; production or dyeing of textiles; production of soap and other detergents or chemicals; production and processing of plastic; cleaning of tanks, tank cars or barrels; plating or processing of metals; processing or reclamation of refuse; the washing of equipment or spaces used in nondomestic operations; and any other similar manufacturing, processing and servicing operations. Nondomestic wastewater does not include the following: wastewaters from the operation of hotels, schools, single or multiple residences and places engaged exclusively in retail business.

"Owner" means the person having legal title to a property or the person having an interest in a property through a contract of sale, long-term lease or similar agreement.

"Permit" means any written authorization required pursuant to this chapter or any other regulation of the city for the installation or use of any part of the sewer system.

"Pollution" means the manmade or man-induced alteration of the chemical, physical, biological and radiological integrity of water, dredged soil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor).

"Private sewage disposal facility" means an independent sewage disposal system not connected with a public sewer and which accommodates one or more structures, buildings or industries.

"Property" means a parcel of land together with any buildings or appurtenances.

"Public sewer" means a sewer lying within a street and which is controlled by or under the jurisdiction of the city.

"Residential users" mean any single-family home, apartment or condominium unit or mobile home park for the purpose of sewer use charge determination.

"Sanitary sewer" means a sewer which carries sewage and to which stormwater, surface water and groundwater are not intentionally admitted.

"Service unit (SU)." The service unit is derived from a mathematical formula in which daily flow, biochemical oxygen demand and suspended solids are converted to a numerical value in proportion to residential levels for the same three variables.

"Service unit rate" is the monthly charge per service unit.

"Sewage" means a combination of water-carried wastes from residences, structures, business buildings, institutions and industrial establishments.

"Sewage factor (SF)" is an assigned percentage used to calculate sewage flows from water meter readings derived statistically using methods established by the public works department.

"Sewer connection permit" means a permit used for the connection of a property to the sewer system.

"Sewer deposits" means funds provided by property owners pursuant to Section 13.01.312 for guarantee of payment of sewer service charges. These funds are recorded and accounted for in the maintenance and operating fund and only the interest earnings may be used for maintenance and operating expenses.

"Sewer service charge" is the product of service units and the service unit rate.

"Sewer system" means all facilities owned and operated by the city or owned or operated by others for the benefit of the city for collecting, pumping, treating and disposing of sewage.

"Single-family residence" means a single structure together with any garage, guestroom, servant's quarters or similar appurtenant structure on a parcel of land designed for use by one family or living group.

"Source" means a point of discharge to the sewer system.

"Special sewer permit" means a permit issued for a special use of the sewer system.

"SS" or "suspended solids" means that fraction of the total solids with particle size greater than one micron as determined by passing a known volume of liquid through a filter.

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

"Stub-out" means a partial house connection sewer extending laterally from the sewer main to a point just beyond the edge of the pavement or curbing which is within the right-of-way adjoining the properties which will be served by the sewer main.

"Trailer space" means an area within a trailer court designated for use by a trailer, whether the space is occupied or not, provided the space is served by plumbing connected to the sewer system.

"User" means the recipient of wastewater collection and treatment services.

"Utility" means an enterprise operated for the benefit of the citizens of the city.

"Utilities general manager" means the person in charge of the sewer, water, and other city owned utilities, appointed by the city manager.

"Water supply" means the water supply serving the area tributary to the city's community sewer system. Water supply to an individual establishment shall be interpreted as meaning specifically a composite analysis over a 12-month period of samples of the water served to an establishment or location as determined by testing and compositing samples and analyses approved by the sewer superintendent.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. This chapter shall apply only to sewer facilities constructed with the proceeds of the sewer revenue of the city and Coachella Sanitary District, and additions, extensions and improvements thereto.

B. This chapter is intended to provide rules and regulations for the construction and use of sanitary sewer facilities installed, altered or repaired within the city after the formation of the Coachella Sanitary District and the city of Coachella. This chapter shall not apply retroactively except that it shall apply to bills, deposits and guarantees outstanding. In the event of an alteration or repair is hereafter made, it shall apply only to the new materials and methods used therein.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. All work with respect to sewer construction and disposal of sewage and drainage of buildings and connection to the sewer system of the city shall be done in conformity with this chapter and not otherwise.

B. No person shall connect to, construct, install, provide, maintain or use any means of sewage disposal from any building in the city other by connection to a public sewer, or inhabit or produce any sewage in any building not connected to a public sewer, except in the manner provided in this chapter.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. The city manager shall appoint a utilities general manager, which office shall be under the terms and subject to the provisions of Title 13. The salary of the utilities general manager shall be fixed by the council from time to time by resolution.

B. The utilities general manager shall have power and it shall be his/her duty to enforce all rules and regulations concerning the sanitary sewer system and publicly owned treatment works (POTW) and any other utilities owned, operated, and maintained by the city, to supervise the maintenance and operation of the system and to make necessary repairs thereto.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. The owner of any building occupied by humans situated within the city and abutting on any street or easement in which there is now located or may in the future be located a public sewer of the city which will serve the building is hereby required, at their expense, to connect the building directly with the proper public sewer in accordance with the provisions of this chapter, within ninety (90) days after the date of official notice to do so, provided the public sewer is within two hundred (200) feet of the nearest point of the building and that the property's onsite septic system has failed. For purposes of this section, the house connection sewer shall be considered a portion of the public sewer.

B. Commercial, industrial and public buildings or institutions as well as residential buildings shall be required to connect to the sewer system upon notice as provided in this section.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

It shall be unlawful for any person to place, deposit or permit to be deposited upon public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

It shall be unlawful to discharge into any stream or watercourse any sewage, wastes or other polluted waters, except where suitable treatment has been provided in accordance with the provisions of this chapter.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

No building, industrial facility or other structure shall become occupied until the owner of the premises has complied with all applicable rules and regulations of the city.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

Except as provided in this chapter, it shall be unlawful to construct any privy, privy vault, septic tank, cesspool, seepage pit or other facility intended or used for the disposal of sewage.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Any person found to be violating any provision of this chapter or any other ordinance, rule or regulation of the city pertaining to the sewer system shall be served by the utilities general manager or other authorized person with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Service shall be in person or by certified mail.

B. The time for correction shall be not less than two and not more than seven working days. The offender shall, within the period of time stated in such notice, permanently cease all violations.

C. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this chapter or any other ordinance, rule or regulation of the city. Upon being notified by the utilities general manager of any defect arising in any sewer or of any violation of this chapter, the person having charge of such work shall immediately correct the defect.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Continued habitation of any building or continued operation of any industrial facility in violation of the provisions of this chapter or any other ordinance, rule or regulation of the city is hereby declared to be a public nuisance. The city may cause proceedings to be brought for the abatement of the occupancy of the building or industrial facility during the period of such violation.

B. In addition to abatement proceedings, the city may elect to pursue any enforcement mechanism in Chapter 13.02.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

As an alternative method of enforcing the provisions of this chapter or any other ordinance, rule or regulation of the city pertaining to the sewer system, the utilities general manager shall have the power to disconnect the user from the sewer mains of the city. Upon disconnection, the utilities general manager shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. Any part of the deposit remaining after payment of all costs of disconnection and reconnection shall be refunded.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

During the period of disconnection as provided for in Section 13.01.021, habitation of such premises by human beings shall constitute a public nuisance, whereupon the city may utilize any enforcement mechanisms available, including but not limited to causing proceedings to be brought for the abatement for the occupancy of such premises by human beings during the period of such disconnection. In such event, and as a condition of reconnection, there is to be paid to the city a reasonable attorney's fee and cost of suit arising in such action.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

The city and its officers, agents and employees shall not be answerable for any liability or injury or death to any person or damage to any property arising during or growing out of the performance of any work by any applicant for sewer service. The applicant shall be answerable for and shall save the city and its officers, agents and employees harmless from any liability imposed by law upon the city or its officers, agents or employees, including all costs, expenses, fees and interest incurred in defending such action or in seeking to enforce this provision. The applicant shall be solely liable for any defects in the performance of his work or any failure which may develop therein.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)

A. Any person violating any of the provisions of this chapter and other ordinances, rules or regulations of the city pertaining to the sewer system shall become liable to the city for any expense, loss or damage sustained by the city by reason of such violation.

B. Nonpayment of amounts due under subsection (a) may become a lien on the property on recording a notice of lien against the property with the county recorder's office.

(Ord. No. 1057, § 1(Exh. A), 10-23-13)