Compton Municipal Code § 23-1 Water Code

[Ord. #1176, § 7400]

As uses in this chapter:

EMPLOYEE

Shall mean any person designated by the City Manager or the Water Superintendent to perform work and labor for the Water Department, excluding contractors and their employees.

SERVICE AREA

Shall mean that area permanently served with potable water by the Compton Municipal Water Department from the existing distribution system which adjoins or abuts upon such area, excluding all areas from any other water source and excluding undeveloped, unsubdivided areas where such main or mains lack capacity to adequately supply such area.

SERVICE, SERVICE CONNECTION, OR WATER SERVICE

Shall mean that pipe (including meter and box) installed between the water main and the property to be served with water.

WATER DEPARTMENT OR DEPARTMENT

Shall mean that certain department, branch, or function of the City known as the Compton Municipal Water Department which cares for, maintains, and operates pumps, plants, mains, and all the necessary facilities for acquiring, distributing and delivering water and shall include all officers, agents, servants, or employees engaged in such work or service employed by the City.

WATER SUPERINTENDENT

Shall mean the person designated by the City Manager to have charge of the supervision and administration of the Water Department.

[Ord. #1176, § 7401]

"Rates," "charges," and "administrative" regulations shall be set forth in the rules and regulations of the Water Department as prescribed by resolution of the Council.

[Ord. #1176, § 7402]

Meters shall be read by the Water Department at intervals of approximately two months, or as near thereto as the convenient operation of the Department will permit. The interval between two successive meter readings shall be deemed and regarded as a bimonthly period for the purpose of computing and rendering bills. The charge made when a meter is specially read between regularly established meter reading times for the purpose of turning a water service on or off shall be figured by one of the following methods: (1) the prorated minimum, or (2) the water consumed, whichever is the greater.

[Ord. #1176, § 7403]

Meters shall be installed on all customer permanent water services.

[Ord. #1176, § 7404]

Combined meter readings shall not be used for billing purposes in those cases where a customer is served by more than one meter.

[Ord. #1176, § 7405]

All charges, except those for water furnished, shall be due and payable in advance. Bills for water furnished shall be due and payable when rendered and shall become delinquent 15 days thereafter. Surety bonds may be accepted, if approved by the City Manager or Water Superintendent, to cover the charged for water main extensions, including services and appurtenances.

[Ord. #856, § 7406; Ord. #1552; Ord. #1558, § 1; Ord. #2295 § 14]

Upon the failure of any customer to comply with the provisions of this section or to pay any charges or penalties imposed, the Water Department may discontinue service, five days from the date of final notice, until such charges and/or penalties are paid. If service is discontinued by the Department, a fee established by ordinance or resolution of the City Council may be charged and collected before service will be resumed.

[Added by Ord. #1472, § 7406.1]

In the event any fees and other charges due from any occupant of any single-family residence or any residential units, as provided for in this section, should become due and payable and fall delinquent, the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly and severally liable for the payment of all such fees and charges which have charges which have fallen delinquent.

[Added by Ord. #1472, § 7406.2]

The Council hereby adopts procedures similar to those appearing in Section 54354.5 et seq. of the Government Code of the State for the purposes of collecting delinquent water service charges and penalties.

a. Any charges or fees authorized pursuant to the provisions of this section, which charges remain unpaid for a period of 60 days after the date upon which they are billed, may be collected thereafter by the City from the owners of record of any premises provided water services as follows:

1. Once each year the Council shall cause to be prepared a report of the delinquent charges, fees, and penalties. The Council shall fix a time, date and place for hearing the report and any objections or protests thereto.

2. The Council shall cause a notice of the hearing to be mailed to the landowners listed on the report not less than 10 days prior to the date of the hearing.

3. At the hearing the Council shall hear any objections or protests of the landowners liable to be assessed for delinquent charges, fees, and penalties.

The Council may make such revisions or corrections to the report as the Council deems just, after which, by resolution, the report shall be confirmed.

4. The delinquencies set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and shall be a lien on the property for the amount of such delinquent charges, fees, and penalties. A certified copy of the confirmed report shall be filed with the County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the current tax rolls. The liens created shall attach upon the recordation in the office of the County Recorder of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary City ad valorem property taxes are collected and shall be subject to the same penalties and the same procedures and sale in cases of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of City ad valorem property taxes shall be applicable to such assessments.

b. Nothing set forth in this subsection shall limit the right of the City to proceed against any occupant of any single-family residence or residential unit for any delinquencies due under this section. Nothing set forth in this subsection shall prevent the City from availing itself of any other legal remedy by which the City might collect such charges or fees.

[Added by Ord. #1552, § 7406.3; Ord. #1558, § 2; Ord. #2295 § 15]

Upon the failure of any customer to comply with the provisions of this section, service may be discontinued. If any person or persons unlawfully turns on service that has been turned off by the Water Department, the meter shall be locked. If a meter is locked by the Department, a fee established by ordinance or resolution of the City Council may be charged and collected before service will be resumed.

[Ord. #856, § 7407; Ord. #1552; Ord. #1558, § 1]

It shall be unlawful for the occupant of any premises, or any person for him or on his behalf, to turn on the water or cause it to be turned on after it has been turned off at the curb stop by the Water Department. Should such turn on occur, the person or persons will be violating § 1-6 of the Compton Municipal Code and Section 499 of the California Penal Code. Violators will be liable to the penalty stated in § 1-6. The person or persons must pay a service charge of $20 plus damages and all delinquent charges before water service is resumed.

[Ord. #856, § 7408; Ord. #1552; Ord. #1158, § 1]

All water use where a meter is installed shall pass through the meter. It shall be unlawful for any person to install or to cause to be maintained any bypass or connection around or in the place of a meter. Such unlawful act will result in having the occupants and/or owners responsible for all water used from the time of meter pulling and the time that the bypass is discovered. Charges may be estimated by previous billings. Such act is a misdemeanor and violators will be subject to the penalty stated in § 1-6.

[Ord. #1176, § 7409]

The Water Department will install on all new automatic fire sprinkler service connections a check valve of a type approved by the National Board of Fire Underwriters and will equip the same with a bypass meter. The charge for installing such service shall be for time and materials, plus 20% for overhead.

[Ord. #1176, § 7409.1]

The Water Department shall have the right to install and connect with the automatic fire sprinkler service connection at the curb a service connection for rendering other types of water service to the same premises served by the automatic fire sprinkler service connection. The charge for such other service connection installation shall be as provided in the rules and regulations referred to in Subsection 23-1.2.

[Ord. #1176, § 7409.2]

When an automatic fire sprinkler service connection is installed, the control valve thereon will be left closed and sealed until a written order to turn on the water is received from the customer. After the water is turned on, the Water Department shall not be liable for damages of any kind whatsoever that may occur on or to the premises served by reason of the installation, maintenance or use of such service connection or because of fluctuation of pressure or interruption of the water supply.

[Ord. #1176, § 7409.3]

If water is used through an automatic fire sprinkler service connection for any purpose other than the extinguishing of fires or a purpose related thereto, the Water Department shall have the right either to place a meter on the automatic fire sprinkler service connection at the customer's expense, and to charge at meter rates for all water used, or to shut off the entire supply of water to the premises through such service connection.

[Ord. #1176, § 7409.4]

Where a service is installed to supply fire host lines only, a detector check and bypass meter or a domestic meter may be required at the discretion of the Water Superintendent. The charge for such installation shall be for time and materials, plus 20% overhead.

[Added by Ord. #1552, § 7409.5; Ord. #1558, § 2]

The monthly charge to be collected for private fire protection service shall be at the rate of $5 per inch diameter, with a minimum of $15 for connections three inches and smaller.

[Ord. #1176, § 7410]

All meters shall be placed outside the property line in the public street or alley whenever practical and be protected and maintained as a part of the operation of the Department.

Where a water meter is placed inside the premises of a customer, provision shall be made for convenient meter reading and repair by representatives of the Department. Failure by the customer to make such provision shall be sufficient cause for the removal of such meter and the withholding of service until a connection is made inside the dedicated street or alley.

[Ord. #1176, § 7411]

The City, in no way whatsoever, shall be responsible for any damage to persons or property because of any leakage, breakage or seepage from, or accident or damage to, any meter or pipe situated within any private premises; and the City will not be responsible for any leakage, breakage or seepage from any pipe situated between any meter installed on public property and the private premises served thereby; nor shall the City be responsible for any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situated upon private property.

[Ord. #1176, § 7412]

a. The Department will change and repair the first meter damaged by hot water or steam at no cost to the customer. When the first meter is found to have been damaged by hot water or steam emanating from the premises served, a notice of such damage will be mailed to the owner of the premises.

b. If the substituted meter shall be similarly damaged and such damage occurs within three years after the installation of the substituted meter, the cost of changing and repairing such substituted meter will be charged to the owner of the premises or the owner of the appliance causing such damage. After three continuous years in service an undamaged substituted meter shall be termed thereafter a first meter.

[Ord. #1176, § 7413]

Fire hydrants shall be opened only by City employees or such persons as may have first obtained a written permit from the water department. No such permit shall be issued to any person who is in violation of any of the provisions of this section and/or the rules and regulations of the water department and/or whose indebtedness to the department is delinquent.

[Ord. #1176, § 7414]

Authorized inspectors, agents and employees of the department shall have the right of entry and access at all reasonable times, into and upon any and all customers' buildings, grounds or premises, or any part or parts thereof for the purpose of:

a. Testing, changing or reading water meters installed, maintained and operated by said department; or

b. Inspecting any and all such buildings, grounds and premises (including any and all plumbing, water piping, fixtures and connections therein or thereon) to determine:

1. The manner and quantity of such use; or

2. The existence of any condition causing, or likely to affect the furnishing or receipt of water service.

[Ord. #1176, § 7415]

Authorized inspectors, agents and employees of the department and/or the Los Angeles County Health Department shall have the right of entry and access at all reasonable times, into and upon any and all customers' buildings, grounds, or premises for the purpose of:

a. Determining the existence, operation and maintenance of, and/or the use in, on, or about said building, grounds or premises of:

1. Any plumbing, piping, water fixtures or connections which may now or hereafter cause, create or permit backflow, backsiphonage; or any other condition affecting, or likely to affect the purity and/or potability of the water supply furnished by the department; or

2. Any source of water supply which may now or hereafter be connected with the water supply system of the department; or

3. Any source of pressure, vacua, contamination or pollution (including any and all equipment, fixtures or appliances connected or used therewith or therefore) affecting, or likely to affect, the purity and/or potability of said water supply of said department; and

4. Facilitating the enforcement, from time to time, by the department of any and all of its applicable rules and regulations.

b. Each such inspector, agent, and employee shall be furnished with, and upon request of any customer shall display, appropriate evidence of identification.

c. If, and when the department or the Los Angeles County Health Department shall ascertain that a condition affecting the purity and/or potability of the water supply exists in, on, or about any building, grounds or premises in violation of any health law, rule and regulation of this State, or any health ordinance, code of the City and/or the County of Los Angeles, or any rule or regulation of the department, it shall:

1. Immediately notify the person, firm or corporation, owning and/or controlling such building, grounds, or premises, of the existence of such conditions;

2. Require of such person, firm or corporation to comply, within reasonable time (to be stated in said notice), with any such law, ordinance, code, rule and regulation so violated; and

3. Further notify him or it that for his or its failure to so comply within said prescribed period, the department will take, cause to be taken by the appropriate authority or authorities, such steps to enforce such compliance, to remedy such condition, and/or to protect the interests of the department as provided by law or by this section.

[Ord. #1176, § 7417; Ord. #1767, § 1]

a. Purpose. The purpose of this subsection is (1) to protect the public water supply against actual or potential cross-connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (2) to eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption; (3) to eliminate cross-connections between drinking water systems and sources of contamination; and (4) to prevent the making of cross-connections in the future.

These regulations are adopted pursuant to the State of California Code of Regulations, Title 17 - Public Health, entitled "Regulations Relating to Cross-Connections".

It is unlawful for any person, firm or corporation at any time to make or maintain or cause to be made or maintained, temporarily or permanently, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the Compton Municipal Water Department and any other source of water supply or their construction as may cause or allow backflow of water or other substances into the water supply system of the Water Department and/or the service of water pipes or fixtures of any consumer of the Water Department.

b. Definitions.

1. AIR-GAP SEPARATION – Shall mean the physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, and in no case less than one inch.

2. APPROVED BACKFLOW PREVENTION DEVICE – Shall mean devices which have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated its competency to perform such tests to the California Department of Health Services.

3. APPROVED WATER SUPPLY – Shall mean any water supply whose potability is regulated by a state or local health agency.

4. AUXILIARY SUPPLY – Shall mean any water supply, on or available to the premises, other than the approved water supply.

5. AWWA STANDARD – Shall mean an official standard developed and approved by the American Water Works Association (AWWA).

6. BACKFLOW – Shall mean a flow condition caused by a differential in pressure that causes the flow of water or other liquids, gases, mixtures or substances into the distribution pipes of a potable supply of water from any source or sources other than an approved water supply source. Backsiphonage is one cause of backflow. Back pressure is the other cause.

7. CONTAMINATION – Shall mean a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health or which may impair the usefulness or quality of the water.

8. CROSS-CONNECTION – Shall mean any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

9. DOUBLE CHECK VALVE ASSEMBLY – Shall mean an assembly of at least two independently acting check valves, including tightly closing shut-off valves, on each side of the check valve assembly and test cocks available for testing the water tightness of each check valve.

10. HEALTH AGENCY – Shall mean the California Department of Health Services or the local health agency, with respect to a small water system.

11. LOCAL HEALTH AGENCY – Shall mean the County or City health authority.

12. PERSON – Shall mean an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

13. PREMISE – Shall mean any and all areas on a customer's property which are served or have the potential to be served by the public water system.

14. PUBLIC WATER SYSTEM – Shall mean a system for the provision of piped water to the public for human consumption, which has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year.

15. RECLAIMED WATER – mean waste water which, as a result of treatment, is suitable for uses other than potable use.

16. REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTION DEVICE – Shall mean a device incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut-off valve on each side of the check valve assembly, and equipped with necessary test cocks for testing.

17. SERVICE CONNECTION – Shall mean the point of connection of a user's piping to the water supplier's facilities.

18. WATER SUPPLIER – Shall mean the person who owns or operates the approved water supply system.

19. WATER USER – Shall mean any person obtaining water from an approved water supply system.

c. Cross-connection protection requirements.

1. General Provisions.

(a) Unprotected cross-connections with the public water supply are prohibited.

(b) Whenever backflow protection has been found necessary, the Water Department will require the water user to install an approved backflow prevention device by and at his/her expense for continued service or before a new service will be granted.

(c) Whenever backflow protection has been found necessary on a water supply line entering a water user's premises, then any and all water supply lines from the Water Department's mains entering such premises, buildings or structures shall be protected by an approved backflow prevention device. The type of device to be installed will be in accordance with the requirements of this ordinance.

2. Where Protection is Required.

(a) Each service connection from the Water Department's water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system unless the auxiliary water supply is accepted as an additional source by the Water Department and is approved by the public health agency having jurisdiction.

(b) Each service connection from the Water Department's water system for supplying water to any premises on which any substance is handled in such fashion as may allow its entry into the water system shall be protected against backflow of the water from the premises into the public system. This shall include the handling of the process waters and waters originating from the Water Department's water system which have been subjected to deterioration in sanitary quality.

(c) Backflow prevention devices shall be installed on the service connection to any premises having: (1) internal cross-connections that cannot be permanently corrected and controlled to the satisfaction of the State or local health department and the Water Department; or (2) intricate plumbing and piping arrangements or where entrance to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.

3. Type of Protection Required.

(a) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listing in increasing level of protection) includes: Double Check Valve Assembly (DC), Reduced Pressure Principle Backflow Prevention Device (RP), and an Air-Gap separation (AG). The water user may choose a higher level of protection required to protect the approved water supply, at the user's water connection to premises with varying degrees of hazard given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis, and the appropriate backflow protection shall be determined by the Water Department or health agency.

Table 1 Type of Backflow Protection Required

(b) Two or more services supplying water from different street mains to the same building, structure, or premises through which an interstreet main flow may occur, shall have at least a standard check valve on each water service to be located adjacent to and on the property side of the respective meters. Such check valve shall not be considered adequate if backflow protection is deemed necessary to protect the Water Department's mains from pollution or contamination; in such cases, the installation of approved backflow devices at such service connections shall be required.

d. Backflow Prevention Devices.

1. Approved Backflow Prevention Devices.

(a) Only backflow prevention devices which have been approved by the Water Department shall be acceptable for installation by a water user connected to the Water Department's potable water system.

(b) The Water Department will provide, upon request, to any affected customer a list of approved backflow prevention devices.

2. Backflow Prevention Device Installation.

(a) Backflow prevention devices shall be installed in a manner prescribed in Section 7603, Title 17 of the California Code of Regulations. Location of the devices should be as close as practical to the user's connection. The Water Department shall have the final authority in determining the required location of a backflow prevention device.

(1) Air-Gap Separation (AG) - The air-gap separation shall be located on the user's side of and as close to the service connection as is practical. All piping from the service connection to the receiving tank shall be above grade and be entirely visible. No water use shall be provided from any point between the service connection and the air-gap separation. The water inlet piping shall terminate a distance of at least two pipe diameters of the supply inlet, but in no case less than one inch above the overflow rim of the receiving tank.

(2) Reduced Pressure Principle Backflow Prevention Device (RP) - The approved reduced pressure principle backflow prevention device shall be installed on the user's side of and as close to the service connection as is practical. The device shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade measured from the bottom of the device and with a minimum of 12 inches side clearance. The device shall be installed so that it is readily accessible for maintenance and testing. Water supplied from any point between the service connection and the RP device shall be protected in a manner approved by the Water Department.

(3) Double Check Valve Assembly (DC) - The approved double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. If a double check valve assembly is put below grade it must be installed in a vault such that there is a minimum of six inches between the bottom of the vault and the bottom of the device, so that the top of the device is no more than a maximum of eight inches below grade, so that there is a minimum of six inches of clearance between the other side of the device and the side of the vault. Special consideration must be given to double check valve assemblies of the "Y" type. These devices must be installed on their "side" with the test cocks in a vertical position so that either check valve may be removed for service without removing the device. Vaults which do not have an integrated bottom must be placed on a three-inch layer of gravel.

3. Backflow Prevention Device Testing and Maintenance.

(a) The owners of any premises on which, or on account of which, backflow prevention devices are installed, shall have the devices tested by a person who has demonstrated competency in testing of these devices to the Water Department. Backflow prevention devices must be tested at least annually and immediately after installation, relocation or repair. The Water Department may require a more frequent testing schedule if it is determined to be necessary. No device shall be placed back in service unless it is functioning as required. A report in a form acceptable to the Water Department shall be filed with the Department each time a device is tested, relocated or repaired. These devices shall be serviced, overhauled or replaced whenever they are found to be defective, and all costs of testing, repair and maintenance shall be borne by the water user.

(b) The Water Department will supply affected water users with a list of persons acceptable to the Department to test backflow prevention devices. The Department will notify affected customers by mail when annual testing of a device is needed and also supply users with the necessary forms which must be filled out each time a device is tested or repaired.

4. Backflow Prevention Device Removal.

(a) Approval must be obtained from the Water Department before a backflow prevention device is removed, relocated or replaced.

(1) Removal: The use of a device may be discontinued, and the device removed from service, upon presentation of sufficient evidence to the Department to verify that a hazard no longer exists or is not likely to be created in the future.

(2) Relocation: A device may be relocated following confirmation by the Department that the relocation will continue to provide the required protection and satisfy installation requirements. A retest will be required following the relocation of the device.

(3) Repair: A device may be removed for repair, provided the water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with other backflow protection approved by the Department. A retest will be required following the repair of the device.

(4) Replacement: A device may be removed and replaced provided the water use is discontinued until the replacement device is installed. All replacement devices must be approved by the Department and must be commensurate with the degree of hazard involved.

e. User Supervisor. At all premises where it is necessary, in the opinion of the Water Department, a user supervisor shall be designated by and at the expense of the water user. This user supervisor shall be responsible for the monitoring of the backflow prevention devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the Department shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The water use shall inform the Department of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

f. Administrative Procedures.

1. Water System Survey.

(a) The Water Department shall review all requests for services to determine if backflow protection is needed. Plans and specifications must be submitted to the Department upon request, for review of possible cross-connection hazards as a condition of service for new service connections. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device must be installed before service will be granted.

(b) The Water Department may required an on-premise inspection to evaluate cross-connection hazards. The Department will transmit a written notice requesting an inspection appointment to each affected water user. Any customer who cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the Department considers necessary.

(c) The Water Department may, at its discretion, require a reinspection for cross-connection hazards of any premise to which it serves water. The Department will transmit a written notice requesting an inspection appointment to each affected water user. Any customer who cannot or will not allow an on-premise inspection of their piping system shall be required to install the backflow prevention device the Department considers necessary.

2. Customer Notification - Device Installation.

(a) The Water Department will notify the water user of the survey findings, listing corrective action to be taken if required. A period of 60 days will be given to complete all corrective action required, including installation of backflow prevention devices.

(b) A second notice will be sent to each water user who does not take the required corrective action prescribed in the first notice within the sixty-day period allowed. The second notice will give the water user a two-week period to take the required corrective action. If no action is taken within the two-week period, the Department may terminate water service to the affected water user until the required corrective actions are taken.

3. Customer Notification - Testing and Maintenance.

(a) The Water Department will notify each affected water user when it is time for the backflow prevention device installed on their service connection to be tested. This written notice shall give the water user 30 days to have the device tested and supply the water user with the necessary form to be completed and resubmitted to the Department.

(b) A second notice shall be sent to each water user who does not have their backflow prevention device tested as prescribed in the first notice within the thirty-day period allowed. The second notice will give the water user a two-week period to have the backflow prevention device tested. If no action is taken within the two-week period, the Department may terminate water service to the affected water user until the subject device is tested.

g. Water Service Termination.

1. General. When the Water Department encounters water users that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the Department shall institute the procedure for discontinuing water service.

2. Basis for Termination. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following:

(a) Refusal to install a required back-low prevention device.

(b) Refusal to test a backflow prevention device.

(c) Refusal to repair a faulty backflow prevention device.

(d) Refusal to replace a faulty backflow prevention.

(e) Direct or indirect connection between the public water system and a sewer line.

(f) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.

(g) Unprotected direct or indirect connection between the public water system and an auxiliary water system.

(h) A situation which presents an immediate health hazard to the public water system.

3. Water Service Termination Procedures.

(a) For conditions (a), (b), (c) or (d) above the Department will terminate service to a customer's premises after two written notices have been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

(b) For conditions (d), (e), (f), (g) or (h) above, the Department will take the following steps:

(1) Make reasonable effort to advise water user of intent to terminate water service.

(2) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the Department.

[Ord. #1176, § 7417]

No customer shall resell water furnished by the department without first obtaining in writing the express permission of the department to do so.

[Ord. #1176, § 7418]

a. Each and every customer shall at all times maintain in good repair all his water pipes, faucets, valves, plumbing fixtures and other water appliances to prevent waste of water. Where any customer willfully wastes water in any manner, or neglects, the water may be shut off and sealed by the department and may not be turned on again until wasteful practices have been discontinued or until repairs have been made to the satisfaction of the Water Superintendent.

b. The willful or negligent waste of water within the City is prohibited.

[Ord. #1176, § 7419]

Unincorporated territory outside the service area of the Compton Municipal Water Department may be served only with the consent of and in the manner determined by the Council of the City.

[Ord. #1176, § 7420]

The City reserves the right to supply water service, from the municipally owned water system, to any area within the incorporated boundary of the City, excluding any area served by a water utility holding a valid franchise from the City to serve such area.

[Added by Ord. #1552, § 7421; Ord. #1558]

Where temporary meters are to be set on an existing service lateral, a charge of $10 will be made for the installation and removal of a 3/4 inch or one inch meter. Temporary services may apply to a ten-day period. In the event extra days are needed, a person or persons must reapply to the Compton Municipal Water Department for regular water service. Upon failure by that person or persons to notify the Department to terminate temporary service or services, a charge of $1.50 a day shall be charged before normal services, at the property for which temporary services was requested, can be initiated by the Department.

[Added by Ord. #1747, § 1; Ord. #2295 § 16]

The City Council shall, by ordinance or resolution, from time to time determine and fix the amount to be assessed as fees if the Water Department is required to deliver a forty-eight-hour notice on a delinquent account. Said charge shall become due and payable on the next bill rendered.

[Ord. #1851, § 1; Ord. #1868, § 1]

a. Statement of Policy and Declaration of Purpose.

1. The Compton Municipal Water Department (hereinafter "Water Department") obtains approximately 50% of the potable water needed to serve its customers from The Metropolitan Water District of Southern California (hereinafter "Metropolitan").

2. The general welfare requires that the water resources available to the City of Compton (hereinafter "City"), be put to the maximum beneficial use, to the extent to which they are capable and that the waste or unreasonable uses, must be prevented. The conservation of water must be practiced so that the limited supply of water will be available to serve the interests of the citizens of the City of Compton and for the public welfare.

3. The purpose of this subsection is to provide a mandatory water conservation plan limiting the amount of water which may be delivered to customers to protect the health, welfare and safety of the community.

4. The Compton City Council (hereinafter "City Council"), finds that this subsection and actions taken hereafter are exempt from the provisions of the California Environmental Quality Act of 1970 as specific actions necessary to prevent or mitigate an emergency pursuant to Section 15307.

b. Water Shortage Emergency Findings.

1. The City Council finds and determines that a water shortage emergency could exist based upon the occurrence of one or more of the following conditions:

(a) A general water supply shortage takes place due to increased demand or limited supplies.

(b) Distribution or storage facilities of the City become inadequate.

(c) A major failure or contamination of the supply, storage, and/or distribution facilities of Metropolitan or the City.

c. Authorization for a Water Conservation Ordinance. Pursuant to Section 375 et seq. of the Water Code of the State of California, the Compton City Council is authorized to adopt and enforce the provisions of this subsection as adopted by Ordinance 1851.

d. General Prohibition. No customer of the Compton Municipal Water Department shall cause, use or permit the use of water from the water system in a manner contrary to any provision of this subsection or in an amount in excess of that use permitted by any curtailment provisions then in effect pursuant to action taken by the City Council in accordance with the provisions of this subsection.

e. Phase I Shortage.

1. A Phase I Shortage shall be declared when the City Council, upon the recommendation of the City Manager and General Manager of the Municipal Water Department, determines that it is likely that it will suffer a shortage of 5% in water supplies.

2. The following curtailments on the use of water shall be in effect during a Phase I Shortage:

(a) There shall be no hose washing of sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required for sanitary purposes;

(b) Washing of motor vehicles, trailers, boats and other types of mobile equipment shall be done only with a handheld bucket or a hose equipped with a positive shutoff nozzle for quick rinses, except that washing may be done at the immediate premises of a commercial car wash or with reclaimed water.

(c) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recycling system.

(d) No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale, shall serve drinking water to any customer unless expressly requested.

(e) All customers of the Compton Water Department shall promptly repair all leaks from indoor or outdoor plumbing fixtures.

(f) No lawn, landscape, or other turf area shall be watered more often than every other day. Specifically, all customers with an even address number shall water on even calendar dates of the month, and all customers with an odd address number shall water on odd calendar dates of the month. On the 31st of the month, there shall be no watering, unless reclaimed water is used. No watering shall be done between the hours of 10:00 a.m. and 4:00 p.m.; except that the provision shall not apply to commercial nurseries, golf courses and other water-dependent industries.

(g) No customer of the Compton Municipal Water Department shall cause or allow the water to run off landscape area into adjoining streets, sidewalks or other paved areas due to incorrectly directed or maintained sprinklers or excessive watering.

f. Phase II Shortage.

1. A Phase II Shortage shall be declared when the City Council, upon the recommendation of the City Manager and General Manager of the Water Department determines, that it is likely that it will suffer a shortage of greater than 5%, but less than 10% in water supplies.

2. The following curtailments on the use of water shall be in effect during a Phase II Shortage:

(a) The curtailments listed in Subsection 23-1.32e2 shall be in effect, and no watering shall be done between the hours of 10:00 a.m. and 4:00 p.m.

(b) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscape or other turf areas more often than every other day; and no watering shall be done between the hours of 10:00 a.m. and 4:00 p.m.; except that there shall be no restriction on watering with reclaimed water.

3. No customer shall cause, use, or permit the use of water from the Compton Water Department for any purpose in an amount in excess of 95% of the amount used on the customers premises during the corresponding billing period in the 1990 calendar year (Base Year).

4. Single-family residential customers who use less than 15 units per month (i.e. billing period) are exempt from Subsection 23-1.32f3.

5. Any customer who was not a customer on the premises, for which service was billed by the Water Department during the base period, shall be assigned the same base for such or similar premises, and the Water Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use.

g. Phase III Shortage.

1. A Phase III Shortage shall be declared when the City Council, upon the recommendation of the City Manager and General Manager of the Water Department determines, that it is likely that it will suffer a shortage of greater than 10% but less than 20%.

2. The following curtailments on the use of water shall be in effect during a Phase III Shortage:

(a) The curtailments listed in Subsection 23-1.32e2 shall be in effect, except that the restrictions on watering lawn, landscape, and other turf areas shall be modified to prohibit watering more often than every other day; and, no watering shall be done between the hours of 10:00 a.m. and 4:00 p.m.

(b) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscape or other turf areas more often than every other day; and no watering shall be done between the hours of 10:00 a.m. and 4:00 p.m.; except that there shall be no restriction on watering with reclaimed water.

(c) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

3. No customer shall cause, use, or permit the water from the Compton Water Department for any purpose in an amount in excess of 90% of the amount used on the customers premises during the corresponding billing period in the 1990 calendar year (Base Year).

4. Single-family residential customers who use less than 14 units per month (i.e. billing period) are exempt from Subsection 23-1.32h3.

5. Any customer who was not a customer on the premises for which service was billed by the Water Department during the base period shall be assigned the same base for such or similar premises, and the Water Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use.

h. Phase IV Shortage.

1. A Phase IV Shortage shall be declared when the City Council, upon the recommendation of the City Manager and General Manager of the Water Department determines, that it is likely that it will suffer a shortage greater than 20%, but less than 30%.

2. The following curtailments on the use of water shall be in effect during a Phase IV Shortage:

(a) The curtailments listed in Subsection 23-1.32e2 shall be in effect, except that the restrictions on watering lawn, landscape, and other turf areas shall be modified to prohibit watering more often than every third day; and, no watering shall be done between the hours of 8:00 a.m. and 6:00 p.m.; except that there shall be no restrictions on watering with reclaimed water.

(b) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscape or other turf areas more often than every third day; and no watering shall be done between the hours of 8:00 a.m. and 6:00 p.m.; except that there shall be no restriction on watering with reclaimed water.

(c) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

3. No customer shall cause, use, or permit the use of water from the Compton Water Department for any purpose in an amount in excess of 85% of the amount used on the customers premises during the corresponding billing period in the 1990 calendar year (Base Year).

4. Single-family residential customers who use less than 13 units per month (i.e. billing period) are exempt from Subsection 23-1.32h3.

5. Any customer who was not a customer on the premises for which service was billed by the Water Department during the base period shall be assigned the same base for such or similar premises, and the Water Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use.

i. Phase V Shortage.

1. A Phase V Shortage shall be declared when the City Council, upon the recommendation of the City Manager and General Manager of the Water Department, determines, that it is likely that it will suffer a shortage of 30%, but less than 40%.

2. The following curtailments on the use of water shall be in effect during a Phase V Shortage:

(a) The curtailments listed in Subsection 23-1.32e2 shall be in effect, except that the restrictions on watering lawn, landscape, and other turf areas shall be modified to prohibit watering more often than every third day; and no watering shall be done between the hours of 8:00 a.m. and 6:00 p.m.; except that there shall be no restrictions on watering with reclaimed water.

(b) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscape or other turf areas more often than every third day; and no watering shall be done between the hours of 8:00 a.m. and 6:00 p.m.; except that there shall be no restriction on watering with reclaimed water.

(c) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

3. No customer shall cause, use, or permit the use of water from the Compton Water Department for any purpose in an amount in excess of 80% of the amount used on the customers premises during the corresponding billing period in the 1990 calendar year (Base Year).

4. Single-family residential customers who use less than 12 units per month (i.e. billing period) are exempt from Subsection 23-1.32i3.

5. Any customer who was not a customer on the premises for which service was billed by the Water Department during the base period shall be assigned the same base for such or similar premises, and the Water Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use.

j. Phase VI Shortage.

1. A Phase VI Shortage shall be declared when the City Council, upon the recommendation of the City Manager and General Manager of the Water Department determines, that it is likely that it will suffer a shortage of 40% up to 50%.

2. The following curtailments on the use of water shall be in effect during a Phase VI Shortage:

(a) The curtailments listed in Subsection 23-1.32e2 shall be in effect, except that the restrictions on watering of lawn, landscape, and other turf areas shall be modified to prohibit watering more often than every fourth day; and, no watering shall be done between the hours of 8:00 a.m. and 6:00 p.m.; except that there shall be no restrictions on watering with reclaimed water.

(b) Commercial nurseries, golf courses and other water-dependent industries shall be prohibited from watering lawn, landscape or other turf areas more often than every third day; and no watering shall be done between the hours of 8:00 a.m. and 6:00 p.m.; except that there shall be no restriction on watering with reclaimed water.

(c) The use of water from fire hydrants shall be limited to fire fighting and related activities and other uses of water for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare.

3. No customer shall cause, use, or permit the use of water from the Compton Water Department for any purpose in an amount in excess of 75% of the amount used on the customers premises during the corresponding billing period in the 1990 calendar year (Base Year).

4. Single-family residential customers who use less than seven units per month (i.e. billing period) are exempt from Subsection 23-1.32j3.

5. Any customer who was not a customer on the premises for which service was billed by the Water Department during the base period shall be assigned the same base for such or similar premises, and the Water Department shall have the further discretion to adjust such base in the event such customer's use of the premises is substantially different from the previous use.

k. Relief from Compliance.

1. A customer may file an application for relief from any provisions of this subsection. The General Manager of the Compton Municipal Water Department (hereinafter "Manager") shall develop such procedures as he/she considers necessary to resolve such applications and shall, upon the filing by a customer of an application for relief, take such steps as he or she deems reasonable to resolve the application for relief. The decision of the City Manager shall be final.

2. The application for relief may include a request that the customer be relieved, in whole or in part, from the water use curtailment, provisions of Subsections 23-1.32f2, g2, h2, i2 and j2.

3. In determining whether to grant relief, and the nature of any relief, the Manager shall take into consideration all relevant factors including, but not limited to:

(a) Whether any additional reduction in water consumption will result in unemployment;

(b) Whether additional members have been added to the household;

(c) Whether any additional landscaped property has been added to the property since the corresponding billing period of the 1990 calendar year;

(d) Changes in vacancy factors in multi-family housing;

(e) Increased number of employees in commercial, industrial, governmental offices;

(f) Increased production requiring increased process water;

(g) Water used during new construction;

(h) Adjustments to water use caused by emergency health or safety hazards;

(i) First filling of a permit-constructed swimming pool, and

(j) Water use necessary for reasons related to family illness or health.

l. Failure to Comply.

1. The following shall occur during Phase II, III or IV:

If water is used during any billing period in excess of the water use curtailment amount as set forth in Subsections 23-1.32f2, g2, h2, i2 and j2 for that period, a surcharge shall be imposed on said excess at double the basic rate established by the Water Department for each billing unit (100 cubic feet) of water.

(a) If the curtailment amount is exceeded for three consecutive billing periods during drought conditions, the Water Department, in addition to said surcharge, may either install a device on the meter to restrict the flow of water or discontinue service to the account upon written notification to the customer.

2. The following shall occur during Phase V and VI:

If water is used during any billing period in excess of the water use curtailment amount as set forth in Subsections 23-1.32f2, g2, h2, i2 and j2 for that period, a surcharge shall be imposed on said excess at triple the basic rate established by the Water Department for each billing unit (100 cubic feet) of water.

(a) If the curtailment amount is exceeded for three consecutive billing periods during drought conditions, the Water Department, in addition to said surcharge, may either install a device on the meter to restrict the flow of water or discontinue service to the account upon written notification to the customer.

3. Violation by any customer of the water use prohibitions of Subsections 23-1.32e2, f2, g2, h2, i2 and j2 shall be penalized as follows:

(a) First Violation. The Compton Municipal Water Department may issue a written notice of the fact of a first violation during a water storage emergency whether it be Phase I, Phase II, Phase III, Phase IV, Phase V, and Phase VI to the customer.

(b) Second Violation. For a second violation during a Phase I, Phase II, Phase III or Phase IV water emergency shortage, the Compton Municipal Water Department shall impose a surcharge of $35. During Phase V and VI a surcharge if $50 shall be imposed. These charges will be added to the water bill.

(c) Third and Subsequent Violation. For a third and each subsequent violation during any one water shortage emergency, the Compton Municipal Water Department shall install a flow restricting device on the service of the customer at the premises at which the violation occurred for a period of not less than 48 hours. The Compton Municipal Water Department shall charge the customer the reasonable costs incurred for installing and for removing the flow-restricting devices and for restoration of normal service. The charge shall be paid before normal service can be restored.

4. The Compton Municipal Water Department shall give notice of violation to the customer committing the violation as follows:

(a) Notice of violation of the water use curtailment provisions of this paragraph or Subsections 23-1.32e2, f2, g2, h2, i2 and j2 shall be given in writing in the following manner;

(1) If the customer is absent from or unavailable at the premises at which the violation occurred, by leaving a copy with some person of suitable age and discretion at the premises and sending a copy through the regular mail to the address at which the customer is normally billed.

(2) If a person of suitable age or discretion cannot be found, then by affixing a copy in a conspicuous place at the premises at which the violation occurred and also sending a copy through the regular mail to the address at which the customer is normally billed.

(b) The notice shall contain a description of the facts of the violation, a statement of the possible penalties for each violation and a statement informing the customer of his right to a hearing on the merits of the violation pursuant to Subsection 23-1.32m.

m. Hearing Regarding Violations.

1. Any customer receiving notice of a second or subsequent violation of Subsections 23-1.32e2, f2, g2, h2, i2 and j2 shall have the right to a hearing by the Manager of the Compton Municipal Water Department or his or her designee, within 15 days of mailing or other delivery of the notice of violation.

2. The customer's timely written request for a hearing shall automatically stay installation of a flow-restricting device on the customer's premises until the Manager renders his or her decision.

3. The customer's timely written request for a hearing shall not stay the imposition of a surcharge unless within the time period to request a hearing, the customer deposits with the Compton Water Department money in the amount of any unpaid surcharge due. If it is determined that the surcharge was wrongly assessed, the Department shall refund any money deposited to the customer.

4. The decision of the City Manager shall be final except for judicial review.

n. Reservation of Rights. The rights of the Water Department hereunder shall be in addition to any other right of the Water Department including those to discontinue service.

o. Additional Water Shortage Measures. The City Council of the City of Compton may order implementation of water conservation measures in addition to those set forth in this Code. Such additional water conservation measures shall be implemented by an ordinance passed by the City Council.

p. Public Health and Safety Not to be Affected. Nothing in this subsection shall be construed to require the City of Compton or the Compton Municipal Water Department to curtail the supply of water to any customer when such water is required by that customer to maintain an adequate level of public health and safety.

q. Severability. If any part of this Code or the application thereof to any person or circumstance is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of the subsection or the application of such provision to other persons or circumstances shall not be affected.

[Added 6-11-2019 by Ord. No. 2308]

That certain document, three copies of which are on file in the Office of the City Clerk, being marked and designated as "Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7. Model Water Efficient Landscape Ordinance" (hereinafter the "Model Water Efficient Landscape Ordinance), published in the California Code of Regulations, is hereby adopted as the Model Water Efficient Landscape Ordinance (MWELO) for regulating water conservation for the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all landscapes in the City of Compton, and providing for the issuance of permits and collection of fees and penalties for the violation thereof; and each and all of the regulations, provisions, conditions and terms of such Model Water Efficient Landscape Ordinance (MWELO) and supplements thereto hereinafter published are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, except as the same may hereafter be modified or amended.