Corning Municipal Code Ch. 13.08 Water Service Regulations

Footnotes:

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For statutory provisions on municipal water systems, see Gov. Code §38730 et seq.

A. The purposes of this chapter are as follows: .....

1. To provide revenue for the operation of the existing water distribution system of the city; .....

2. To provide funds for the replacement and extension thereof; .....

3. To provide funds for the maintenance and operation of the additions to the system as may be hereafter constructed. .....

B. The policy of the city with respect to the matters covered in this chapter is declared as follows: .....

1. That funds coming to the city under this chapter shall be used primarily for the purposes of maintaining, operating and extending the water system of the city; .....

2. To rescind previous ordinances relating to the water system and consolidate and revise the same in this chapter. .....

(Ord. 111 §1, 1953).

The following words and phrases, when used in this chapter, shall have the meanings set out in this section:

A. "City" means the city of Corning. .....

B. "Person" means any person, persons, firm, firms, corporation, corporations, association, or associations. .....

C. "Premises" means a lot, piece, or parcel of land or any building or establishment. .....

D. "Public premises" means any premises owned of re— cord by the city, including the Carnegie Library situate in the city limits and the Veterans' Memorial Hall situate in the city; and the premises shall not be required to pay for water used thereon. .....

E. "Water" means potable water for domestic use within the city limits. .....

F. "Water Superintendent" means any person designated by the city council to perform the services and make the determinations permitted under this chapter or required to be made by the provisions hereof. .....

(Ord. 111 §3, 1953).

The city and any public district which desires to connect to the city water system shall enter into a contract providing for and regulating such connection and the use thereof by such district, and the charge or charges to be paid to the city by such district. No public district may connect to the city water system otherwise than pursuant to such a contract, unless the city elects to treat the district in the same manner as is provided in Section 13.08.120 of this chapter. Upon the execution of any such contract, such public district shall be exempt from the provisions of this chapter.

(Ord. 155 §1, 1959).

To the extent that existing waterlines and water mains are installed and to the extent that future mains become available, the city shall furnish waterline extensions to persons within the city who have not heretofore had municipal water service; provided, however, that the premises are situated not more than one hundred fifty feet from the mains and to the extent that the city finances permit such connections.

(Ord. 111 §4, 1953).

Not-withstanding Section 13.08.040, an applicant who has paid for water extension may be reimbursed by the city for subsequent connection to the extension at the discretion of city council. Reimbursement, if made, shall be made in accordance with the terms of an agreement which shall be entered into between the city and the applicant. Reimbursement shall be made at a rate of ninety percent of the main frontage charge for subsequent connections based upon the connection charge schedule in effect on the date of the agreement and shall be limited to the cost of the extension to the applicant's premises and shall be limited to a period of ten years to the date of completion of the extension. In order to receive reimbursement, the applicant shall keep the treasurer advised of his current mailing address. No reimbursements shall be made for connections to lots within any subdivision.

(Ord. 471 §2, 1988).

In case of fire alarm all water shall be immediately shut off throughout the city in order to maintain firefighting pressure, except that for use at the fire and the immediate neighborhood (and for this purpose any person may enter upon any premises within the city for the purpose of closing any hydrant or water outlet that may be open at such time), the water shall remain turned off until the "all clear" signal is given.

(Ord. 111 §7, 1953).

All water connections made to the city water distribution system shall be metered with meters furnished by the city.

(Ord. 111 §5, 1953).

The service connection, 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. Any water shutoff valve located ahead of the meter shall be deemed part of the service connection, and no person shall turn the same on or off or adjust it except the duly authorized employees or agents of the city; and each detached dwelling shall be metered separately.

(Ord. 111 §8, 1953).

Meters or services moved for the convenience of the customer will be relocated at the customer's expense. Meters or services moved to protect city property will be moved at the city's expense. A service charge will be made in any case where the city turns off water service, and another service charge will be made for turning such water back on. These charges will be made in a sum to be fixed by resolutions adopted from time to time by the city council.

(Ord. 260 §1, 1971: Ord. 111 §9, 1953).

All meters shall be sealed by the city at the time of the installation, and no seal shall be altered or broken except by one of its authorized employees or agents, who shall have the right to go upon the premises at all reasonable hours to inspect the same and read the same.

(Ord. 111 §10, 1953).

A. Fast Meters. When, upon test, meters are found to be registering more than two percent fast under conditions of normal opera— tion, the city will refund to the customer the full amount of the overcharge, based on corrected meter readings for the period, not exceeding six months that the meter was in use. .....

B. Slow Meters. When, upon test, the meter used is found to be registering more than five percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six months, that the meter was in use. .....

C. Nonregistering Meters. The city may bill the customer for water consumed while the meter was not register-ing. The bill will be computed upon an estimate of con-sumption based either upon the customers' prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions. Connection charges previous-ly adopted by resolution shall continue to be valid until repealed or modified by an ordinance duly adopted by the city council. .....

(Ord. 496 §1, 1989; Ord. 111 §11, 1953).

The city council may from time to time by resolution duly adopted fix the amount payable to the city for any water connection: The charge shall include the amortized value based upon the cost incurred to provide water to any applicant's property including, but not limited to, purchase of any existing well site within the city, the cost of any meter necessary plus the installation charge. At all times, the meter shall be the property of the city. In this respect, the city, in fixing the water connection charges, shall assume full responsibility for maintaining the meter except to the extent that the same is damaged by the activity of the water user. In which event, the water user shall pay the cost of repairing same or replacing it to the city. Such connection charges as may be adopted by resolution by the city council may be disproportionate depending on which water system the applicant may wish con-nection to. Such fee shall not be considered a "develop" fee.

The water fees shall be as follows:

Capital Improvement .....$ 438.00;

Three-quarter-inch service .....546.00;

One-inch service .....650.00.

Water services larger than one inch are billed at time and materials.

(Ord. 555 (part), 1995; Ord. 554 (part), 1955; Ord. 471 §1, 1988: Ord. 111 §6, 1953).

The city council, by resolution shall determine and fix the rates to be charged to water users in the city, or from the city water system.

(Ord. 555 (part), 1995; Ord. 554 (part), 1995; Ord. 534, 1992: Ord. 516, 1991; Ord. 496 §3, 1989).

All money due from water rentals and sales shall be due and payable to the city finance department at city hall within five days, commencing on the first day of the month following the period for which the billing is made. The city council may, by resolution, provide that billings shall be made monthly, bimonthly, quarterly, or otherwise as may appear to be to the economic advantage of the city. If any person permits water rentals to become delinquent for a period of two months, the water service shall be turned off and water cut off from the premises and shall not be turned on again until all water rents and charges are paid in full, accompanied by such fee for reinstatement as may be fixed by the council, by resolution. The process for discontinuation of water service shall be set forth in a policy passed by the city council through resolution.

(Ord. 319 §1(part), 1978).

(Ord. No. 685, 1-28-2020)

All charges for water service and sewer service, and any other service rendered by the city, may be billed upon the same bill and collected as one item; if all or part of the bill is not paid, any or all of the services for which the bill is rendered may be discontinued.

(Ord. 111 §13, 1953).

A. Notwithstanding any provision of this code to the contrary, any water service charge which has been delinquent for seventy-five days or more shall be subject to having a lien or special assessment recorded with the county recorder of the County of Tehama. The water superintendent shall mail notice of the delinquent charges to the owner and allow the owner ten days to respond to the notice to request a hearing. If no request for hearing is made within that ten-day period, the water superintendent may record the lien or special assessment pursuant to this section. If a hearing is requested, it shall be conducted consistent with an appeal as set forth in section 13.08.210 of this chapter.

B. The director is authorized and may disconnect any water connection on premises located either within the corporate limits of the city or outside the corporate limits of the city, upon failure of the person to whom such charge or rental is billed to pay such charge or rental prior to delinquency.

(Ord. 111 §20, 1953).

(Ord. No. 685, 1-28-2020; Ord. No. 715, § 2, 10-14-2025)

All applicants for new water connection services or relocation of existing water connections shall file a written application with the treasurer, on forms to be supplied by the city, setting forth pertinent data as to estimated use, location and size of service connection.

(Ord. 111 §15, 1953).

A. Cross-connection Control Required. It shall be the responsibility of the public works department of the city of Corning to protect the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants 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.

B. Approved Standards for Cross-connection Control Devices and Systems.

1. 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 standards established by the American Water Works Association (A.W.W.A.), entitled "A.W.W.A. C506-78 Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices"; and which has met completely the laboratory and field performance specifications of the Foundation for Cross-Connection and Hydraulic Research of the University of Southern California, and Specifications of Backflow Prevention Devices (#69-2) or the most current issue.

2. Said A.W.W.A. and F.C.C.C. and H.R. standards and specifications have been adopted by the city of Corning by resolution. The public works department shall maintain a current list of approved devices.

3. As a protection to the customer's plumbing system, a suitable pressure—relief valve shall be installed and maintained at the customer's expense. The relief valve shall be installed between the backflow-prevention device and the customer's water heater.

4. In special cases, the city may require the customer to eliminate certain plumbing or piping connections as an additional precaution to prevent backflow.

C. Approval of Public Works Director Required. 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, and location and method of installation of such device for approval. Failure to do so could result in the installation of a nonapproved device.

D. Annual Inspection of Cross-connection Control Devices Required.

1. 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 a 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.

2. It shall be the duty of the public works depart-ment to insure that these timely tests are made. The customer shall notify the city in advance of these tests so that a representative may witness the tests if so desired. 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 replacement shall be kept and made available to the city.

3. When a customer-user fails to complete the annual testing and/or repairs in a timely manner, the director of public works is hereby authorized to order said testing and repairs be completed by a certified tester and/or appropriately qualified repair firm. The costs incurred for the testing and /or repairs of the backflow prevention device(s) shall be the responsibility of the customer user, and may be assigned and collected as part of the water service billing.

(Ord. 443 §2, 1986).

(Ord. No. 644, §§ 1, 2, 3-8-2011)

All foreign water used within the city, and in any way discharging into the sewage collection system, shall be metered by water meters of a type or brand approved by the city. The cost of the meter and of installing the same, including all costs relating thereto, shall be borne by the property owner. The meter shall be sealed by the city and maintained by it as is the normal meter, and shall be owned by the city. Hereafter all such meters shall be installed by the city. Sewage service charges for such foreign waters discharge into the sewage collection system shall be billed in accordance with established rules, regulations and ordinances governing the sewage collection system. Any failure to establish the necessary valves and the required meter within sixty days after the effective date of the ordinance codified in this chapter shall result in the city turning off the water to the premises from the city distribution system.

(Ord. 111 §17, 1953).

For the purpose of conserving the water supply and protecting the public interest and health, no leaky or defective plumbing, water pipes, hydrants, or other fixtures shall be used in connection with such water consumption. For the purpose of carrying out this provision, the water superintendent shall, at all reasonable hours of the day, have the right to inspect all such property, water pipes, hydrants and fixtures; and if any are found to be leaky or defective to an extent sufficient to be wasteful, then he shall notify such owner or the occupant of the premises to cause the same to be properly repaired within three days. If such repairs are not so made within three days, he shall have the right to cut off the water supply until such time as the repairs are properly made and a charge shall be made for again turning on the water. This section shall apply to the undue or excessive use of water in aircooling systems. The charge to be made shall be as fixed by resolution.

(Ord. 260 §2, 1971: Ord. 111 §18, 1953).

No person other than the water superintendent, firemen, and authorized employees of the city shall turn on any fire hydrant within the city.

(Ord. 111 §19, 1953).

A. Any person who shall be dissatisfied with any determination made hereunder by the water superintendent may, at any time within thirty days after any such determination by the water superintendent, appeal to the city council by giving written notice to the water superintendent and to the city clerk, setting forth the determination with which such person is dissatisfied.

B. The city council may, at any time upon its own motion, appeal from any determination made by the water superintendent hereunder. In the event of any such appeal, the water superintendent shall transmit to the city council a report upon the matter of appeal. The city council, through the city clerk, shall cause notice to be given at least ten days prior to the time fixed for such hearing to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city clerk shall mail a written notice, postage prepaid, to all such persons whose addresses are known to the city council, and to publish the notice once in a newspaper of general circulation within the city at least five days prior to the date fixed for such hearing. Pending decisions upon any appeal relative to the amount of any charge hereunder, the person making such appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making such appeal, such amount, if any, that the city council shall determine should be refunded.

(Ord. 111 §22, 1953).

A. The water superintendent shall be charged with the administration of the water distribution system of the city and with the enforcement of all of the provisions of this chapter. The chief of police and all police officers shall be deputies to the water superintendent for such purposes.

B. In the event of a violation of any term of this chapter, or any rule or regulation or resolution established pursuant to this chapter, the water superintendent shall notify in writing the person or persons causing, allowing or committing such violation, specifying the violation and the time after which (upon the failure of such person or persons to prevent or rectify the violation) the water superintendent will exercise his authority to disconnect the property served by the city; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Corning, California, addressed to the person or persons to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the water superintendent may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and amounts expended in so doing shall be a charge upon the owner so in violation.

C. Right of Entry for Inspection. 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, inspections 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 inspection of the city to do so.

D. All enforcement of violations shall be in conformance with California Public Utilities Code Section 10001 et seq., insofar as they may conflict with city ordinances.

(Ord. 443 §3, 1986; Ord. 111 §21, 1953).

No person or other entity shall drill for water within the city limits of the city of Corning without first obtaining a permit therefor from the person designated as the water superintendent of the city. The water superintendent of the city shall deny the issuance of the permit if, in his or her opinion, the premises where the well is to be located can reasonably be served by the municipal water system. If municipal water services are located within two hundred feet of any property line of the premises, it is presumed that the premises can "reasonably be served" by the municipal water system, notwithstanding the cost to be borne by the private party in having such services extended.

The water superintendent of the city shall only grant such a permit when he or she determines that the premises cannot reasonably be served by municipal water services and further determines that the proposed well will not contaminate existing water sources or constitute a health hazard to the community.

When a permit is granted, it shall only continue to be valid as long as the well does not provide a source of contamination or become a health hazard and only until such time as municipal water services are extended to a location within two hundred feet of any property line of the premises. Whenever any of the foregoing circumstances occur, the permit shall automatically expire and the owner of the property where such well is located shall immediately be obligated, at his or her sole expense, to abandon the well and connect to the municipal water system after paying all applicable charges.

Any decision made by the water superintendent of the city concerning such a permit may be appealed to the city council by filing a notice of appeal, in writing, in accordance with the procedures set forth in Section 13.08.210 of this code.

(Ord. 585 §1 (part), 2001).

The drilling of wells designed strictly for agricultural purposes rather than for production of water for human consumption also requires a permit from the city. The term "agricultural" in this chapter means the growing of crops or the raising of livestock regardless of the zoning designation of the land. The water superintendent of the city shall grant a permit for this type of well when (1) the applicant signs a certification, which shall become a covenant running with the land upon recordation in the Tehama County Recorder's Office, assuring the city that the water from such well will be used strictly for agricultural purposes; (2) the applicant grants, as a part of the same certification, continuing permission for the city to enter upon his or her property to inspect such well and all connections thereto; (3) the water superintendent determines that the proposed well will not contaminate existing water sources or constitute a health hazard to the community; and (4) the parcel on which the well is proposed to be placed is at least five acres in size.

(Ord. 585 §1 (part), 2001).

Any property owner who has a producing well on his or her property at the time of the enactment of the ordinance codified in this chapter shall not be required to abandon the same unless (1) such well becomes a source of contamination to the water system of the city or of any other party; (2) such well becomes a public health hazard; (3) the owner elects to connect to the municipal water system; (4) the owner applies to the city for a division of the land on which the well is located; (5) the owner applies to the city for a building permit for the land where the well is located; or (6) such well has not been actively used in the production of water for a period in excess of one year. If any of the foregoing six circumstances occur(s), then the owner of the subject property shall immediately abandon the producing well in the manner directed by the water superintendent of the city.

(Ord. 585 §1 (part), 2001).