Colusa Municipal Code Ch. 20 Water

* For state law as to authority of city relative to water generally, see Gov. C., § 38742. As to authority of city to acquire water, water rights, etc., see Gov. C., § 38730. As to water and water systems, see H. & S. C., §§ 4010 to 4038. As to Plumbing Code, see § 6-12 of this Code. As to sewers and sewage disposal, see ch. 15.

All persons desiring water service to a dwelling unit, commercial establishment, or any other separate premises within the city, shall be required to make application to the city for a water service connection.

All persons desiring water service to a dwelling unit, commercial establishment, or any other separate premises within the city, shall be required to make application to the city for connection to the city's system of sewerage in accordance with and subject to Chapter 15 of this Code.

No person shall take any water of the city or connect any service pipe to the city water mains, without first connecting to the city's system of sewerage pursuant to and in accordance with Chapter 15 of this Code.

No person shall take any water of the city or connect any service pipe to the city water mains, without first making an application to the water department to install a meter.

No person shall make a connection to an existing consumer's premises not presently connected to the city's system of sewerage for the purpose of supplying water therefrom to any other separate dwelling unit, commercial establishment or premises without first connecting the existing premises and that premises which is to be connected to water use service to the city's system of sewerage.

No person shall make a connection to an existing consumer's premises for the purpose of supplying water therefrom to any other separate dwelling, commercial establishment or premises without first making application therefor to the water department and obtaining a permit therefor.

Connect to Public Facilities. The owner of all houses, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public water line of the city, is required at the owner's expense to connect such facilities directly to the public water line of the city in accordance with the provisions of this chapter within ninety days after date of official notice to do so, provided that said public water is within one hundred feet of the property line.

Fees for water service shall be collected by placing such charges on the water bill. Water bills shall be rendered for such services and payment thereof shall be made monthly to the city.

(Ord. No. 164, § 1; Ord. No. 186, § 2; Ord. No. 208, § 1; Ord. No. 228, § 1; Ord. No. 338, § 1; Ord. No. 357, § 1; Ord. No. 436, § 7.)

The charges for installing meters shall be reviewed annually, and established by resolution of the city council.

Each dwelling unit, commercial establishment or separate premises receiving city water shall be separately metered, except the case of a single parcel containing four or more dwelling units, or commercial establishments, which shall be metered by one master meter.

All meters will be sealed by the water department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agent.

The city reserves the right to meter any service and apply the established metered rate.

The meter installation charge shall be paid by the consumer.

(Ord. No. 164, § 1; Ord. No. 186, § 2; Ord. No. 208, § 1; Ord. No. 228, § 1; Ord. No. 354, § 3; Ord. No. 359.)

No water service shall be supplied to premises outside the city, except upon application therefor as provided by resolution and regulations of the city council and prior approval thereof by the city council.

(Ord. No. 164, § 1; Ord. No. 186, § 2; Ord. No. 208, § 1; Ord. No. 228, § 1.)

The service connection and meter, whether located on public or private property, is the property of the city, and the city reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.

(Ord. No. 164, § 1; Ord. No. 186, § 2; Ord. No. 208, § 1; Ord. No. 228, § 1.)

The service connection, including the meter and the meter box, will be repaired and maintained by the water department at its expense, but the city is not responsible for the installation and maintenance of water lines beyond the end of its service connection. The exception to this is when damage to city facilities (meter box, piping, etc.) was caused by unauthorized use or negligence by the property owner or an agent of the property owner, the city facilities will be repaired by city personnel and cost shall be the responsibility of and billed to the property owner.

(Ord. No. 164, § 1; Ord. No. 186, § 2; Ord. No. 208, § 1; Ord. No. 228, § 1; Ord. No. 354, § 4.)

The cost of changes in size of a water meter on an existing service shall be paid by the consumer and shall be the current cost of the new meter, plus fittings and labor for installation. The consumer shall be allowed a credit in the amount of the original cost of the meter to be replaced.

The charges for a change in the size of the meter and for moving meters shall be equal to the costs of the changes incurred by the city plus twenty-five percent. No charge will be made for moving meters and services if done for the benefit and convenience of the city.

Such charges shall be paid by the consumer at the time of making the application for service or service change.

(Ord. No. 164, § 1; Ord. No. 186, § 2; Ord. No. 208, § 1; Ord. No. 228, § 1; Ord. No. 354, § 5.)

The rates and charges for water furnished by the city from the municipal water system, and regulations governing water service provided to consumers, shall be established and adopted by resolution of the city council.

(Ord. No. 50, § 4; Ord. No. 81, § 4; Ord. No. 86; Ord. No. 156, § 1; Ord. No. 158, § 1; Ord. No. 186, § 1; Ord. No. 227, § 1.)

All water rates and charges for water furnished by the city shall be due and payable monthly, at the office of the director of finance, on or before the tenth day of each month as specified on city billing statements. The city council shall establish penalties and charges for delinquent payments under this chapter by resolution.

(Ord. No. 50, § 1; Ord. No. 81, § 1; Ord. No. 190, § 1.)

(Ord. No. 457, § 1, 7-6-2010)

In the event that any monthly sum or charge for water furnished by the city under this chapter shall become due and owing to the city and remain unpaid for one (1) month or more from the time the same fell due, the city may, through its officers, agents or servants, shut off the water from the premises occupied by the person from whom the charges remain outstanding, and water service shall not be reinstated until all sums due or owing shall be paid in full. The city council shall establish water disconnection and reinstatement charges by resolution.

In the event that more than one (1) family or water user is occupying or utilizing any structure for which there is only one (1) water connection, tap or meter for the structure, such water connection, tap or meter may in all cases be shut off from the structure as provided in this section where any portion of the charges due for water furnished for the occupants of the structure, or any of them, remains unpaid one (1) month or more from the time the same fell due as specified in this chapter.

(Ord. No. 50, §§ 1, 2; Ord. No. 81 §§ 1, 2; Ord. No. 190, § 1; Ord. No. 311, § 1; Ord. No. 354, § 6.)

(Ord. No. 457, § 2, 7-6-2010)

(a) The property owner, as determined by the real property tax roll of the Colusa County assessor, is liable for payment of water use and connection charges, where connections currently exist or where new connections are made, for services by connection with the city water system. The charges shall be in such amount and manner as shall be established and fixed from time to time by resolution of the city council and shall be for services furnished to the property by the city.

(b) The liability of the property owner for these charges exists even if the user of the water service is not the owner of the property. An occupant other than the owner may pay the charges on behalf of the owner. All new service accounts shall be in the property owner's name.

(c) It is the responsibility of the owner of the real property to provide the city finance director with the current billing address and to notify the city finance director of any changes of address.

(d) The fees for water services and connection charges established by this article shall be payable to the city.

(e) It shall be the duty of the finance department to the city to collect all charges provided for in this chapter.

(Ord. No. 395, § 3; Ord. No. 436, § 8.)

(Ord. No. 494, § 2, 11-5-2013)

(a) The water service or connection charges imposed pursuant to these regulations constitute a lien upon the parcel of real property to which such service was rendered.

(b) Lien Recorded—Procedure.

(1) Notwithstanding any provision in this Code to the contrary, any water service charges which have become delinquent shall cause the owner of such property to have a lien on the property pursuant to the procedure provided in this section. Any such lien shall be recorded with the county recorder.

(2) Prior to the recordation of a lien for delinquent charges, the public works director shall cause the notice of an opportunity for hearing on the delinquent charges to be mailed to the owner. For purposes of this section, the term "owner" shall have the meaning given it in these regulations. If the owner desires a hearing thereon, he shall request such a hearing by notifying the city clerk thereof in writing within ten days after the date shown on the notice. Any such hearing shall be set not earlier than ten days after receipt of the owner's request. The hearing shall be held before the city council. The decision of the city council shall be final and conclusive.

(3) At the expiration of the time within which to request a hearing, or upon a decision adverse to the owner after hearing, the city council shall cause such lien to be recorded with the county recorder in the form and manner prescribed by law. Thereafter, such lien shall not be released by the director of finance unless and until it is fully and completely paid or an acceptable arrangement with the city has been agreed to by the city.

(4) The director of finance is authorized to determine the administrative costs of the delinquency, including costs associated with processing the delinquent account, which will be subject to an individual lien pursuant to the recording procedures of this section. Delinquent charges will be collected as a special assessment. Not less often than once a year, the public works director may initiate proceedings to make delinquent water service charges a special assessment against the parcels of property to which such service was rendered.

(5) The public works director shall transmit through the city manager to council, a report of delinquent charges.

(6) Hearing. Upon receipt of the report, the city manager shall fix a time, date and place for the city council to hear the report, and any protests or objections thereto. At the time fixed for consideration of the report, the council shall hear it with any objections of the property owners liable to be assessed for delinquent accounts. The council may make such revisions, corrections, or modifications of the report as it may deem just; and in the event the council is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the city council on the report and on all protests or objections thereto shall be final and conclusive.

(7) Method of Collection; Applicability of Other Liens, Laws, etc.

(A) Upon confirmation of the report by the council, the delinquent charges contained therein shall constitute a special assessment against the property at which the services were rendered. Thereafter, such assessment may be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent ordinary property taxes.

(B) The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property, and paramount to all other liens except those for state, county and municipal taxes with which it shall be upon parity. The lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to the special assessments.

(8) Report Transmitted to Auditor. A certified copy of the confirmed report shall be filed annually with the county auditor on or before August 15th. The descriptions of the parcels subject to the special assessment shall be those used for the same parcels on the county assessor's map books for the current years.

(Ord. No. 436, § 9.)

In any case where the water superintendent observes a leak in the water lines on consumer premises and deems said leak to be wasting water, the water superintendent may notify the owner of said consumer premises in writing to repair the leak within ten days. If said leak is not repaired by the owner of said consumer premises within ten days after notification, the water superintendent shall discontinue the water service to said consumer premises until the leak is repaired.

(Ord. No. 311, § 2.)

In any case where water is taken from the water mains of the city in violation of the provisions of this chapter, the water connection to the city water mains through which said water is being taken, contrary to the provisions of this chapter, shall be disconnected by the city water superintendent. In any case where water is taken for an additional or new consumer premises by connecting to the water lines of an existing consumer premises, the water service to said existing consumer premises shall be discontinued within thirty days after notice to disconnect is given to the person having connected an additional or new consumer premises to the water lines of an existing consumer premises.

(Ord. No. 311, § 3.)

In any case in which a consumer premises is connected to the water mains of the city which at the same time and through the same service lines is connected to a well or other foreign source of water, the connection to the city water mains shall be severed immediately upon discovery by the water superintendent, until such time as a back-flow protector is installed at the property owner's cost.

(Ord. No. 311, § 4.)

Whenever it is necessary for the water superintendent or his representative to enter upon private property to properly maintain the water system of the city or to provide water service applied for and received under terms of this chapter, the water superintendent or his representative shall have the right to enter private property for such purposes. The application for and the use of water by a property owner shall be construed as an implied consent and permission by the property owner for entry upon his property for this purpose.

(Ord. No. 311, § 5.)

Within one year from the date of adoption of this section, the owner of each consumer premises provided water by the city shall have installed shut-off valves in the service line on such consumer premises as is required by the Uniform Plumbing Code then in effect in the city.

(Ord. No. 311, § 6.)

No person shall take water from a fire hydrant, except with the permission of and under the supervision of the water superintendent.

(Ord. No. 311, § 7.)

No domestic water wells drilled after the first day of November, 1983, shall be allowed connection to a consumer's premises for the purpose of supplying water thereto.

Any and all water wells drilled within the city shall comply with any and all rules or regulations as promulgated by the state of California, the Resources Agency, Department of Water Resources, or any successor agency, as such rules and regulations are then in effect.

(Ord. No. 338, § 2.)

It shall be the responsibility of the public works department of the city to protect the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminates or pollutants through the water service connection. If, in the judgment of the director of public works or a designated agent, an approved backflow prevention device is required at the city's water service connection to any customer's premises, for the safety of the city water system, the director or designated agent shall give notice in writing to said customer to install such an approved device at each service connection to their premises. The customer shall immediately install such device, at their expense. Failure, refusal or inability on the part of the customer to install such device shall constitute grounds for discontinuing water service to the premises until such device has been properly installed.

(Ord. No. 354, § 7.)

Any backflow prevention device required by this code shall be a model and size approved by the public works director. The term "approved backflow prevention device" means a device that has been manufactured in full conformance with the American Water Work Association Standard, "C 506-78 Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices," and have met completely the laboratory and field performance specifications of the Foundation of Cross Connection Control and Hydraulic Research of the University of Southern California or other recognized institution.

Specifications of backflow prevention devices #69-2 or the most current issue. Said AWWA and FCCC and HR standards and specifications have been adopted by the city by resolution. The public works department shall maintain a current list of approved devices.

(Ord. No. 354, § 7.)

Prior to the installation of any such devices, the customer shall submit to the public works director a statement containing the make and model of the device, location, and method of installation of such device or approval. Failure to do so could result in the installation of a nonapproved device.

(Ord. No. 354, § 7.)

It shall be the duty of the customer/user at any premises where said devices have been installed to have certified inspections and operational tests made at least once each year. If in the opinion of the director or his designated agent a hazard is great enough, he may require a certified inspection at more frequent intervals. These inspections and tests shall be done at the customer's expense and shall be performed by the device manufacturer's representative, by the city's utility personnel or a certified tester approved by the city.

It shall be the duty of the public works department to insure that these timely tests are made. The city shall notify the customer in advance of the month for the tests so that a representative may be selected to do the tests or the customer can agree to pay the city to have the tests done. These devices shall be repaired, overhauled or replaced whenever said devices are found to be defective at the customer's expense. Records of such tests, repairs or replacements shall be kept by the city.

(Ord. No. 354, § 7.)

An authorized employee of the city shall have reasonable access to any premises supplied with water for the purpose of making inspections for cross-connection control of the water system and water meters upon such premises. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the city may have all water shut off, after service of twenty-four hours' notice of the intention of the city to do so.

(Ord. No. 354, § 7.)

(a) Purpose. The purpose of this section is to promote the efficient use of water by prohibiting water uses which constitute water waste, encourage reasonable use of the water supply by eliminating all intentional and unintentional water waste when a reasonable solution is available, and discouraging use of equipment which is wasteful.

(b) Enforcement Officer. The city manager or assigned designee, is authorized and directed to implement the applicable provisions of this section.

(c) Applicability of Section. The provisions of this section shall apply to all persons, water customers, and property served with potable water by the city.

(d) Wasteful Uses of Water Prohibited.

(1) It shall be unlawful to use or permit to use of city supplied potable water for the following nonessential or wasteful uses:

(A) The escape of water through breaks or leaks within the customer's plumbing or private distribution system for more than seventy-two hours after the customer discovers such a break or leak or receives notice of such a break or leak from the city;

(B) Irrigation of landscaping in a manner or to an extent which allows excessive run-off of water or unreasonable over-spray of the areas being watered. Every customer is deemed to have his water system under control at all times, to know the manner and extent of his water use and any run off, and to employ available alternatives to apply irrigation water in a reasonably efficient manner;

(C) Use of water for non-recycling decorative water fountains; or

(D) Use of water for new non-recirculating industrial clothes wash systems.

(2) Notwithstanding the provisions of subsection (d)(1) of this section, the following uses of water shall be exempt from the provisions of this subsection:

(A) Water use associated with the operation and maintenance of fire suppression equipment;

(B) Water use by the city for water quality flushing and sanitation purposes; or

(C) Water use supplied by a private well or from a reclaimed waste water, grey water or rainwater utilization system.

(e) Conservation Measures Required. The following water conservation measures shall be installed in all new construction and in all remodeling and additions to existing construction where applicable:

(1) A pressure regulating device designed to limit the water pressure to not to exceed fifty PSI shall be installed at the service entrance of each individual occupancy.

(2) In other than residential occupancies, all lavatory faucets must be equipped with a metering valve designed to close by spring or water pressure when left unattended.

(3) Commercial car-wash facilities must install water conservation devices, including low-flow nozzles and trigger-activated wands. Automatic car-wash units shall have trigger-activated wash, rinse and wax cycles.

(4) Continuous flow equipment having a flow in excess of five gallons per minute must have a recycling system approved by the city engineer.

(5) Commercial, industrial and governmental landscaping shall have automatic sprinkler irrigation systems installed.

(6) All new development shall be required to submit a water conservation plan to be approved with project development plans.

(f) Exceptions and Application Procedures for Exceptions. Any customer of the city may make written application for an exception to this section. Said application shall describe in detail why applicant believes an exception is justified.

(1) The city manager may grant exceptions for use of water otherwise prohibited by this section upon finding and determining in writing that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or, cause an unnecessary and undue hardship on applicant or the public, including but not limited to, adverse economic impacts, such as loss of production or jobs.

(2) The decision of the city manager may be appealed to the city council by submitting a written appeal to the city clerk within fifteen calendar days of the date of the decision. Upon granting any appeal, the city council may impose any conditions it determines to be just and proper. Exceptions granted by the city council shall be based upon the findings and determinations indicated in subsection (f)(1) of this section and shall be in writing. The city council may require the exception be recorded at applicant's expense.

(g) Violation—Administrative Enforcement. Each violation of this section shall be deemed a separate offense, and shall be enforced accordingly. Depending on the extent of the water waste the city may, after written notification to customer and a reasonable time to correct tie violation as solely determined by the city, take some or all of the following actions. Penalties, fees and charges noted below shall be established by resolution of the city council.

(1) Written notice to the customer of the water waste violation including a specified period of trine to correct the violation.

(2) Personal contact with the customer at the address of the water service. If personal contact is unsuccessful, written notice of the violation including a date that the violation is to be corrected may be left on the premises, with a copy of the notice sent by certified mail to the customer.

(3) The city council may authorize the installation of a flow-restricting device on the service line.

(4) The city council may levy an administrative water waste fee to the customer.

(5) The city council may authorize termination of water service and the charge for same shall be billed to the customer. Except in cases of extreme emergency as solely determined by the manager, service shall not be reinstated until verified by the manager that the violation has been corrected and all charges and fees have been paid.

(h) Violations—Criminal Penalties. In addition to all other remedies provided herein, any person who violates any provisions of this section shall be guilty of an infraction. Each violation of each provision of this section shall be deemed a separate offense and shall be punished accordingly. Each offense shall be punishable by: (1) a fine not to exceed one hundred dollars for the first violation; (2) a fine not to exceed two hundred dollars for a second violation of this section within a twelve-month period; and a fine not exceeding five hundred dollars for each additional violation of this section within any twelve-month period.

(i) Violation—Public Nuisance. As an additional remedy, the violation of any provision of this section by any person who has within the prior twelve-month period received at least one prior written warning pursuant to subsection (g) of this section to refrain from the same or any other violation under this section shall be deemed and is declared to be, a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.

(j) Severability. If any section, subsection, sentence, clause, phrase, or word of this section is for any reason held to be invalid, the validity of the remaining portions of this section shall not be affected, and to this end this section is declared to be severable.

(Ord. No. 421, § 1.)