Commerce Municipal Code Ch. 13.16 Municipal Water System

The city administrator shall have charge of the supervision and administration of the water service furnished by the city. The city administrator shall prescribe, from time to time, as he deems necessary or desirable, additional rules and regulations, and amendments thereof, relating to conditions of service, deposit requirements, the application, administration and interpretation of rates, and the sale of water by the city, and of products, commodities and service incidental thereto, and the charges to be made therefor. Such rules and regulations shall be of general application, not inconsistent with the provisions of this chapter.

(Ord. 246 §1(part), 1978).

The city will endeavor to maintain such pressure as recommended by the National Board of Fire Underwriters. In the event any consumer deems that pressures are inadequate, the consumer shall furnish, at his own expense, whatever devices are necessary to boost the pressure for his own premises. In the event water pressures are in excess of any consumer's normal requirements, it shall be the responsibility of such water consumer to install such devices on his own premises to protect his plumbing and/or to reduce the pressure for his normal needs.

All persons applying for or receiving water service shall be required to accept and shall be deemed to have consented to all provisions of this chapter and to such conditions of pressure and service as are provided by the system at the location served, and to hold the city harmless from any damages arising out of low pressure or high pressure conditions or interruptions of service.

(Ord. 246 §1(part), 1977).

The city shall have the right at any time to shut off, ration or apportion water by reason of any emergency or shortage of water supply, or for making repairs, modifications, changes or other work in the water service facilities. In cases of such shutoff, rationing or apportionment, the city shall notify the affected water users, if possible, prior to such action being taken. The city shall not be responsible for any damages which may occur due to any such action. The owner and/or consumer shall be conclusively presumed to have taken all necessary precautions in compliance with the building codes and regulations of the plumbing code and any other city ordinances or regulations in anticipation of such action.

(Ord. 246 §1(part), 1977).

It is unlawful for any person other than those designated and authorized by proper authority to tap, open, connect with, operate or otherwise tamper with any main, pipe, valve, fire hydrant or any other equipment which forms a part of the water system of the city.

(Ord. 246 §1(part), 1977).

All applications for water service shall be made on the forms furnished by the city. Every customer obtaining water service shall sign an application. In addition to any other information required, such application shall show the purpose for which water shall be used, the applicant's interest in the property served, and the address to which bills shall be mailed. Water service shall be discontinued if such application or corrected application is not submitted within five days after written notice to do so has been given to the consumer. Service shall be restored only upon receipt of a current application signed by the consumer and upon compliance with all other provisions of this chapter.

(Ord. 246 §1(part), 1977).

(a) All applications for a new water service shall be made on the forms furnished by the city and shall be signed by the applicant.

(b) In addition to any other information required, such application shall show the true name of the applicant, the address of the property to be served, a true and accurate description of the area to be served, and the size of the service requested.

(c) Each application shall be accompanied by an installation fee in the amount as estimated to be the proximate cost of such installation together with any additional fee or charges provided for in this chapter.

(d) Charges collected for installation of services and meters shall constitute a service fee; and the service pipe, water meter and appurtenances installed shall remain at all times the property of the city. Such facilities shall be maintained, repaired and renewed by the city when rendered unserviceable through ordinary wear and tear; provided that, where replacements, repairs or adjustments are rendered necessary by an act, negligence or carelessness of the consumer or his representative, any expense caused to the city thereby shall be charged against and be collected from the consumer.

(e) Except as otherwise specifically provided in this chapter, all water delivered by the city shall be delivered through approved meters installed by the city.

(f) Service pipes will be installed from the main to a point inside the curb lines where a meter and appurtenances will be installed. Installation and maintenance of all pipes on the property side of the meter shall be the responsibility of the consumer.

(g) When property is subdivided, the service connection shall be considered as belonging to the lot or parcel of land which it directly enters.

(Ord. 246 §1(part), 1977).

When the city acquires and includes within the municipal water system an existing water system, consumers in such existing water system shall receive credit against the fees and charges required by Section 13.16.060 to the extent that service pipe, water meter, appurtenances and other equipment necessary for the furnishing of service to such consumer may already be in place. The city will inspect such facilities and will accept them in the lieu of facilities directly installed by the city if such facilities are found by the city to be in good operating condition. Once accepted by the city, such facilities shall be maintained, repaired and renewed by the city when rendered unserviceable through ordinary wear and tear; provided, that where replacements, repairs or adjustments are rendered necessary by an act, negligence or carelessness of the consumer or his representative, any expense caused to the city thereby shall be charged against and be collected from the consumer.

(Ord. 254 §1, 1978).

(a) Meters will be removed and service discontinued upon request of the owner of the property served; or if any inactive service is unlikely to be used in the reasonably near future, as determined by the city, the meter may be removed.

(b) Services one and one-half inches in diameter and smaller may be reactivated and the meter reinstalled upon proper application and payment of a reinstallation charge of twenty dollars; provided that the service pipe is at proper size and is good and in a usable condition. Services of two inches diameter and larger may be reinstalled upon proper application and payment of a reinstallation charge as determined by the city.

(c) Service which has been discontinued as a result of a violation of any rule and regulation, or for delinquent payment of charges or penalties, shall not be reactivated until such violation has been remedied and all charges and penalties have been paid.

(d) Any inactive or discontinued service which the city determines is unlikely to be used or is found to interfere with use of the public right-of-way or the facilities therein may, at the discretion of the city, be disconnected at the main and the service abandoned. Unusable and abandoned service lines shall not be reactivated and, upon any application for same, the full charges and conditions for a new installation shall apply.

(Ord. 246 §1(part), 1977).

All city water used on any premises where a meter is installed must pass through the meter except as provided in the case of private fire service. No bypass or connection around the meter between the service and the city water main shall be made or maintained by anyone other than the city.

(Ord. 246 §1(part), 1977).

Any person desiring to change the location or size of a service that has already been installed shall make application to the city and, upon payment in advance of the cost as determined by the city, the city may cause such change to be made. No such change shall be made if, in the opinion of the city, the same is not required or in the best interest of the city.

(Ord. 246 §1(part), 1977).

Upon presentation of official identification, any city employee on official business shall be allowed free access at all reasonable hours to any premises supplied with city water.

(Ord. 246 §1(part), 1977).

No person as owner or occupant of any premises supplied with city water shall refuse admittance to or hinder or prevent inspection by an authorized employee of the city when on official business. If any person, as owner or occupant of such premises, does so refuse, hinder or prevent admittance to such premises, the water to such premises may be shut off.

(Ord. 246 §1(part), 1977).

(a) Every consumer shall, at his own risk and expense, furnish, install and maintain in good and safe condition all apparatus and appliances which may be required for receiving, controlling, applying and utilizing water furnished by the city. Where any part of the consumer's installation is found to be unsafe or where the consumer wilfully wastes water in any manner, the water may be shut off until such unsafe or wasteful practices have been discontinued or until such repairs or modifications have been made to the satisfaction of the city.

(b) Any damage occurring to the meters or other pipes or appliances owned by the city which is caused by carelessness, neglect or unsafe apparatus of the consumer shall be paid for by the consumer upon presentation of a bill therefor.

(c) The city does not assume the responsibility of inspection of the consumer's installation and assumes no liability, nor shall the city be responsible for any damage occurring on the premises or elsewhere by reason of open faucets, faulty fixtures, broken pipe or for any other unsafe condition or apparatus at or after the service is turned on, nor for any damage resulting from the turning off of water service.

(Ord. 246 §1(part), 1977).

In all cases in which water is being delivered to premises occupied by two or more different and independent consumers of water, which premises are held under the same ownership, the owner of such premises shall provide independent service to the service connection for each such independent consumer. Should the owner fail or refuse to provide such independent service, the city shall, after thirty days' notice to the consumer so served and to the owner of such premises or the person in charge thereof, shut off water to such premises until the independent services required in this section are installed.

(Ord. 246 §1(part), 1977).

(a) No water shall be served through a common service to two or more separate parcels of property, unless by written consent of the city, and then only upon the terms and conditions set forth in the written consent.

(b) No consumer may resell water without prior approval of the city. Water used by any consumer shall be restricted to that use and to that area specified in the application for service installation.

(Ord. 246 §1(part), 1977).

(a) Whenever a service is installed for private fire protection, a charge shall be made for installation of a fire detector check meter and appurtenances. Such service may be used only in case of fire or other purposes in this chapter expressly provided. Use of fire protection service for any other purpose than provided in this chapter shall be a misdemeanor.

(b) Should it be necessary to use water through a fire detector check meter for the purpose of testing or maintaining a private fire suppression system or fire department apparatus, the city shall authorize such use upon the receipt of a written request stating:

(1) Date and time of use;

(2) Purpose;

(3) Estimated quantity of water to be used;

(4) Estimated maximum flow.

The city may restrict such nonemergency flows which may be detrimental to or tend to dewater the system.

The city council shall, by resolution, establish stand-by charges with respect to private fire protection systems and meter charges for meter replacement. Funds collected pursuant to such charges shall be utilized by the city toward the replacement of such systems and meters.

(Ord. 254 §2, 1978: Ord. 246 §1(part), 1977).

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

(Ord. 246 §1(part), 1977).

No consumer shall make or permit to be made a physical connection to a service by which the utilization of water delivered thereto is prohibited or forbidden under authority of any law or municipal ordinance or regulation, or to any pipe, fixture, tank, appliances or apparatus supplied through a separate service connection to the city water mains or by any other water source whatsoever.

(Ord. 246 §1(part), 1977).

(a) "Cross connections" means any actual or potential connection, arrangement or installation of piping, structures or devices whereby it is possible for any used, unclean, polluted or contaminated water, mixture, gas or substance to enter any portion of any approved water supply.

(b) "Approved water supply" means a potable water supply of safe, sanitary quality which is approved for human consumption by the authorities having jurisdiction thereof.

(c) "Used water" means any water supplied to a customer's water system after it has passed through the point of delivery and is no longer under control of the city.

(d) Water service may be discontinued to any premises upon which there is found to be another source of water supply or a possible cross connection. Such service shall not be restored until such cross connection has been eliminated or back-flow devices satisfactory to the city have been installed. The expense and maintenance of back-flow devices and the cost of eliminating cross connections shall be paid by the consumer or owner of the premises.

(Ord. 246 §1(part), 1977).

All shutoff valves are installed by and for the use of the city. Except in the case of any emergency, the consumer shall not use, operate or tamper with such shutoff valves. The consumer shall install for his ordinary usage a shutoff valve on the property side of the meter. Such valve must be so placed as to be readily accessible for use and must be kept in a good working order at all times.

(Ord. 246 §1(part), 1977).

It is unlawful to damage or interfere with, or to place any object, material, dirt or debris, garbage or rubbish cans or accumulation of any kind upon or about, any fire hydrant, gate valve, manhole, meter or meter box, shutoff valve or valve box so as to prevent free and immediate access to such at all times.

(Ord. 246 §1(part), 1977).

If the customer fails to comply with any of the conditions of service set forth in this chapter or amendments thereto, the city shall advise the customer of such failure either verbally or by written notice. If the customer does not remedy or abate such noncompliance within fifteen days after notification, the city may shut the water off and discontinue service; except that, for any condition or circumstance creating a hazard or danger to life or property, rendering immediate action imperative, no notice shall be required.

(Ord. 246 §1(part), 1977).

(a) Water service which has been shut off for failure to comply with any of the rules and regulations or to pay any rates, charges or penalties, as provided in this chapter, shall not be restored until such rules and regulations and penalties have been complied with to the satisfaction of the city and payment is made of the amount due if any; and, in addition thereto, the amount of five dollars shall be assessed for the expense of turning the water off and on.

(b) In the event that any person turns the water on after it has been turned off by the city at the curb stop, there shall be an additional charge in the amount of ten dollars placed against the service.

(c) The payment of any penalties, charges and the delinquent accounts shall be made in the collection office of the city.

(Ord. 246 §1(part), 1977).

Meters shall be read as nearly as possible at regular intervals. Special meter reading may be made when a vacancy or customer change occurs or for any other reason deemed sufficient by the city.

(Ord. 246 §1(part), 1977).

Where a consumer is served by more than one meter, each meter will be considered separately when computing charges.

(Ord. 246 §1(part), 1977).

(a) The consumer shall notify the city of any change in the status of the information shown on the application for service and shall be responsible for the water service furnished until the city is notified to discontinue service.

(b) The city shall make no adjustments of or waive any charges or penalties resulting from the consumer's failure to provide current information.

(c) All conditions of service contained in this chapter, together with the current water rates and charges, shall apply to each and every service regardless of whether the premises served is occupied or vacant; except that, if the water has been turned off by the city upon request of the consumer or the owner of the property, any fixed or minimum charge shall not apply.

(Ord. 246 §1(part), 1977).

The city may refuse water service or may discontinue service at any time if found necessary in order to protect the city against abuse or fraud.

(Ord. 246 §1(part), 1977).

(a) Bills for water service shall be rendered in accordance with the information shown on the application for service and at such times and for such periods as determined by the city.

(b) Charges shall be determined in accordance with the provisions of the water rates and charges as established from time to time by resolution of the city council and shall be rendered for the sum of the charges for each rate schedule period or portions thereof within the billing period. Charges for water usage shall be determined by applying the quantity water rate to the registration of the meter during rate schedule period.

(c) Water bills are due and payable upon presentation and shall become delinquent if not paid before the fifteenth day after the date of mailing. If any account becomes delinquent, the city may shut the water off and discontinue service.

(d) If any fire service account becomes delinquent, the city may shut off and discontinue the domestic water service to the premises.

(e) Water service shall not be restored until all provisions of Section 13.16.220 have been complied with.

(Ord. 246 §1(part), 1977).

(a) "Temporary service," as considered in this section, refers to the temporary attachment of a water meter to the outlet nozzle of a fire hydrant for the purpose of supplying water service for a limited duration.

(b) The city shall have the right to refuse or to discontinue any temporary service if, in its opinion, such temporary service creates or may create any undue hardship or hazard to it or its then-existing customers.

(c) Upon approval of a proper application and payment of such deposits, charges and fees as required in the current water rates and charges, the city shall install a meter and control valve for the consumer's use.

(d) All provisions and conditions of water service defined in this chapter shall apply to temporary water service; and the removal, relocation, setting or resetting of a temporary water meter by an unauthorized person, and the use of the fire hydrant valve to control the flow of water through such meter, is prohibited.

(Ord. 246 §1(part), 1977).

In addition to any other provisions in this chapter for the enforcement and collection of any charges provided for in this chapter or by any resolution of the city council prescribing water rates, if water is or has been served in response to an application for the same, all unpaid rates and charges shall be charged against the property served and against the owner thereof, and shall be deemed delinquent at the same time and in the same manner as the next water bill, and shall be a lien against the property where furnished.

(Ord. 246 §1(part), 1977).

In the event any meter fails to operate properly or to register correctly the water used, the charge for the period during which such meter fails to operate properly or fails to register water shall be based upon the average consumption of the same period for the prior year by the same user or, if such a reading is not applicable, the city shall estimate the amount of such consumption from all information available and the consumer shall be charged on the basis of such estimate for water consumed but not covered by the bills previously rendered for such period.

(Ord. 246 §1(part), 1977).

(a) Any consumer may request that the meter through which water is furnished be examined and tested by the city for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such request shall be made in writing on forms furnished by the city and shall be accompanied by a deposit in the amount of ten dollars for meters one inch and under, and twenty-five dollars for meters one and one-half inches and larger. Upon receipt of such request and deposit, the city shall cause the meter to be examined and tested.

(b) If the meter is found to register over three percent more water than actually passes through it, another meter will be substituted therefor and the deposit shall be repaid to the person making the application, and the water bill for the current period adjusted as set forth in Section 13.16-.300. If the meter is found to register not over three percent fast, the deposit shall be forfeited to the city and the water bill paid as rendered.

The city may, from time to time, examine and test the meter through which water is furnished for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Any such inspection initiated by the city shall be at the expense of the city. The city shall be entitled to access to any such meter at reasonable times.

(Ord. 254 §3, 1978; Ord. 246 §1(part), 1977).

The city administrator shall have the power in his discretion to adjust complaints and, in the event of any dispute as to the water charges to be paid by any consumer, he shall determine the same.

(Ord. 246 §1(part), 1977).

The trunkline connection fee, at the rate of two hundred dollars per acre for the area to be served, shall be paid upon application for a water service connection, and shall be in addition to all other fees and charges provided in this chapter.

(Ord. 246 §1(part), 1977).

(a) Owners Must Provide Water System. At the time of dividing, subdividing, resubdividing, developing or constructing on any tract or parcel of land served by the city, or upon annexation of any parcel of land, either developed or undeveloped, the owners of such tracts, lands, parcels or annexations shall pay to the city all costs to provide for such water mains, submains, fire hydrants and water services as may be necessary for the distribution of water and fire protection to each lot, piece or parcel of land. When installed, such mains, submains and services shall become and be the property of the city and dedicated to the public for the purpose of distributing water to such land.

(b) Location, Size and Type of Facilities. The director of public works shall determine the location of mains in streets, alleys and easements and determine the size of such mains, type and specifications of valves, fire hydrants, fittings, consumer services and all other appurtenances deemed necessary for supplying water to the property served. The director of public works shall confer with the fire chief on those matters of concern to the fire department.

(c) No division, subdivision, resubdivision, development or annexation of land within the city shall be accepted and approved by the city council unless and until the owners of such real property have made the necessary arrangements for the installation of the facilities described in this section.

(Ord. 246 §1(part), 1977).

(a) All water rights as defined in and pursuant to the judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786, 656, entitled "Central and West Basin Water Replenishment District v. Charles E. Adams, et al.," shall be deed to the city prior to the acceptance and approval by the city of any maps, documents, permits or applications for water service connections to the municipal water system, or for the division, subdivision, development or redevelopment of any land on which such water rights were developed. In the event that the above requirements do not apply to the entire land area on which the water rights were developed, the total rights shall be prorated on a gross land acreage basis and the water rights apportioned to the land area for which these requirements do apply shall be dedicated.

(b) Whenever it is found by the city engineer that water rights required by this section to be deeded to the city have not been previously deeded to the city and are not available to the owner of the land at the time these requirements for dedication apply, such landowner shall pay to the city the cost of acquiring comparable water rights as determined by the city administrator.

(Ord. 246 §1(part), 1977).