Corona Municipal Code Ch. 13.14 Water and Sewer Regulations

As used in this chapter, the following words and phrases shall have the meanings set forth below:

“Apartment House” means any building containing three or more dwelling units with separate plumbing facilities, but not including any building commonly known as a hotel, motel, or auto court.

“Applicant” means a person, persons, firm, association, government agency, corporation or other concern who indicates a desire to obtain water and/or sewer service from the Department.

"City" means City of Corona, California, its officials, all departments and all employees of the city.

"City Council" means the City Council of the City of Corona.

“Costs” means the total labor, materials, supplies, transportation expenses, supervision, inspection, engineering and other overhead.

“Customer” means the person, persons, firm, association, government agency, corporation or other concern responsible for payment of water and/or sewer billings from the Department.

“Department” means the Utilities Department of the City of Corona and its employees.

“Development fee for water system improvements” shall mean a fee to improve existing water facilities or construct new water facilities such as pipelines, reservoirs, booster pump stations, treatment facilities, wells, and other sources of water.

"Director" means the duly appointed Director of Utilities of the Utilities Department of the City of Corona or other designated city employee responsible for administration of the Department.

“Dwelling unit” means a suite of one or more rooms which is occupied or intended to be occupied by one person or one family.

“Frontage” means the portions of a parcel abutting a public or approved private right-of-way.

“Non-profit organization” means an organization or entity which has received recognition of tax-exempt status from the Internal Revenue Service, and/or the State of California Franchise Tax Board, and which maintains in good standing its tax-exempt status, and/or a corporation organized and existing under the California Corporations Code, §§ 5000 et seq., as it may be amended.

“Premises” refers to and includes a lot or parcel of land, a building or an establishment.

“Property” means a parcel of real property of record as shown in the County Assessor's maps on file in the Community Development Department of the City of Corona.

“Rooming house” means any building other than apartment houses, motels, hotels or auto courts, where two or more rooms are rented to others for lodging purposes by the person in charge of such a building.

“Service” means the provision of water service to premises in the city.

“Service call” means the generation of a service order to disconnect, reconnect, reread, repair, or otherwise maintain the meter at the service address.

“Service connections” means the tapping of water mains and the laying of pipes from the main to the curb-line, and the setting of the meter and meter vault.

“Sewage” means any water-borne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, roof or yard drainage.

"Tamper" or "tampering" means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function and includes all of the following:

(1) Breaking, picking or damaging cut-off locks or any other lock or plug that has been placed by the Department on a customer's meter.

(2) Bypassing a meter in any way.

(3) Opening valves at the curb or meters that have been turned off by the city.

(4) Removing, disabling or adjusting meter registers or otherwise preventing a meter or other device used in determining the charge for services, from accurately performing its measuring function.

(5) Moving a meter or extending service without permission of the Department.

"Unauthorized use" means and includes all of the following:

(1) The use of water from a stationary service connection where service has been discontinued.

(2) The use of water from a public fire hydrant to supply water outside of the city service area, regardless of whether payment is provided to the city for the water drawn from the public fire hydrant.

(3) Any use of a hydrant meter in violation of the terms and conditions of a construction water meter permit.

(4) Any connection or reconnection to property or facilities owned or used by the city to provide service without the authorization or consent of the Department.

"Water theft" means and includes all of the following:

(1) The use, diversion, receipt, or taking of city water by any means from any public fire hydrant, blow-off valve, water main, water service lateral, or other city facility or connection to a city facility to which a city authorized metering device has not been installed or has been removed by the city.

(2) The use, diversion, receipt, or taking of city water by any means without paying the full and lawful city charges for such water.

(3) The tampering with any property or facilities owned or used by the city to provide service or unauthorized use, or by tampering with a service connection or bypassing a meter, or by making an unauthorized connection to any city facilities or any public fire hydrant.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1(part), 2007.)

The Department shall make every reasonable effort to provide the city with a continuous and adequate supply of safe and potable water as well as an efficient disposal of sewage. The Director is responsible for the efficient and safe operation and management of the Department, its facilities and employees.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1(part), 2007.)

Service shall be permitted to all areas within the city's sphere of influence upon application. The “Service Area for the City of Corona” is on file and available for inspection at the Department. Any changes to the service area shall be approved by the City Council prior to incorporating areas not currently in the service area being served by the Department.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1(part), 2007.)

(A) Rates and ready to serve charge. Water customers shall pay a ready to serve charge (RTS), which is a fixed service charge paid by all users connected to the water system, whether or not any water is actually used, as well as commodity charges, which are based on the quantities of water used. The RTS and commodity charges shall be established by resolution or ordinance of the City Council.

(B) Waiver of charges for damaged or destroyed structures. Notwithstanding the foregoing or any other provision of this code, the Director, or his or her designee, may waive any and all monthly service charges for water and sewer service, including, but not limited to, the RTS and commodity charges, for any residential or non-residential structures which have been damaged or destroyed, so as to render them uninhabitable, by a natural disaster. If a parcel has multiple structures, the waiver shall apply only to service to the damaged or destroyed structures. This waiver may remain in effect until a particular structure has been reconstructed or rehabilitated and is fit for occupancy, provided that no waiver shall remain in effect for a period longer than one year. No waiver granted pursuant to this section shall affect a customer's other financial obligations to the city, and the city shall not make up for any revenue lost due to a waiver under this section by increasing fees or charges for any customer. The Department shall provide notice to all customers for whom a waiver has been approved, indicating the maximum duration of the waiver and the criteria for resumption of the monthly sewer and water charges.

(Ord. 3346 § 5, 2022; Ord. 2963, § 2, 2008; Ord. 2918 § 1(part), 2007.)

(A) (1) New water service fees. Every applicant for new water service shall pay to the Department, before such application is accepted unless a Payment Plan has been approved by the city as described in § 13.14.060, the sum of the following charges:

(a) New water meter setup and installation fee.

(b) Meter fee.

(c) Development fee for water system improvements.

(d) Frontage fee reimbursement, if required by § 13.14.070(B).

(e) Jumper fee as set forth in § 13.14.150.

(2) These fees and charges shall not be deemed to be for the purchase of any facilities or equipment, and are not refundable. The fees set forth in divisions (c), (d) and (e) above shall not be required if previously paid for the property and service being provided.

(3) Any person proposing to install any water meter or obtain a water service connection for use in constructing any building or structure shall pay the above listed construction/connection fees in full prior to a building permit being issued for the construction of such building or structure.

(B) New water meter service setup and installation fee. Any applicant for new water service shall be required to pay a fee to cover the cost to the city for establishing the records for the new meter installation and installation of the meter. This fee shall be collected at the time of application regardless of actual date of service. The fee for this service shall be established by resolution of the City Council.

(C) Meter fee. Any applicant for water service shall pay, at the time of filing the application, a meter fee equal to the actual cost paid by the Department. The fee for this service shall be established by resolution of the City Council. Nothing in this section, including the applicant's payment of fees, shall be construed as selling a meter to a customer. The Department owns all meters and appurtenances.

(D) Reduce meter size or relocate meter to an existing service. Any applicant desiring to downgrade the size of a meter or relocate a meter for an existing service shall first pay, at the time of application, a fee as established by resolution of the City Council, to cover the city's cost to determine if it is feasible to downgrade the meter size or relocate the meter.

(E) Water meter upgrades/downgrades. Any applicant requesting to upgrade or downgrade a meter size shall pay, at the time of application, a water meter upgrade/downgrade fee, in addition to a meter installation fee, a meter box installation fee or both, as applicable. If the service requested in any application seeks or requires the city to connect a requested water meter to an existing water main by tapping the main and running a service line from that main to the meter location, applicant shall pay a fee for each such connection in an amount established by resolution of the City Council.

(F) Water supply fee for water system improvements. It is hereby found by the City Council that the prospective development in the city by construction of residential, commercial and manufacturing structures and buildings and the occupancy thereof, will cause the Department to incur costs estimated to be $70,000,000 to provide the necessary water reservoir facilities, pipelines, booster stations, wells and other sources of water to serve such new development. It is further found that equity and proper fiscal management of the Department require that such additional water system improvements as caused by such future development be financed in part by those persons constructing and using such buildings. Based on the foregoing, any applicant for new water service shall pay a water supply fee for water system improvements in an amount established by resolution or ordinance of the City Council at the time of application.

(G) Frontage fee reimbursement. All applicants for new water service shall pay a frontage fee reimbursement if required by § 13.14.070(B).

(H) Sewer charges. Every applicant for sewer service shall pay the applicable charges and fees established by the City Council and/or Department, including but not limited to those set forth in Chapter 13.12 of this code.

(I) GIS utility updates. When new utility lines are installed for new development, applicants shall pay a fee established by resolution of the City Council to cover the cost to update the GIS database.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1(part), 2007.)

(A) Non-profit organizations, homeowners of single-family residential properties that are converting from septic systems to city sewer service, existing single-family residential properties connected to alternate water sources who desire to connect to city water service, and existing industrial customers who are utility customers in good standing who require additional sewer capacity (collectively, “eligible customers”) shall be eligible for participation in a payment plan (“payment plan”) for payment of fees described in § 13.14.050. With respect to non-profit organizations, payment plans shall be available only for that portion of real property owned by a non-profit organization that is used for non-profit purposes (“non-profit property”).

(B) A non-profit organization applying for a payment plan, in addition to applying for any other permits required by city ordinance and/or resolution, shall file a verified statement with the Director stating the facts upon which the request for a payment plan is made, including the applicant's qualifications as a non-profit organization. Upon verification of the facts presented in the application, the Director shall grant the non-profit organization permission to enter into a payment plan with the city. For purposes of this section, any final decision made or opinion rendered by any federal or state administrative or judicial body determining that the applicant is a non-profit organization shall be deemed conclusive proof of facts constituting qualification as a non-profit organization.

(C) If the Director approves the application for a payment plan, the Director and the eligible customer shall enter into an agreement outlining the terms and conditions of the payment plan, including the payment method and any other terms and conditions which are necessary to carry out the payment plan. The terms and conditions of the Payment Plan shall require payment of the total fees described in § 13.14.050 in equal installments constituting the principal and interest due and owing as of the execution of the payment plan agreement. The length of the term shall be determined by the Director, or his designee. Interest shall accrue on the principal amount at a rate determined by the city's Finance Director. The city shall have discretion to require, as part of the agreement with the applicant, the execution of a promissory note and the furnishing of a security interest in order to secure the obligation set forth in the payment plan agreement.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1(part), 2007.)

(A) When a water main does not exist along the property footage to allow service connection, an applicant for new water service shall construct, at the applicant's expense, a water main to the city's standards along the entire property frontage to connect the property to be served with existing city transmission and distribution facilities. Upon completion and acceptance by the city, the constructed facility shall become the property of the city.

(B) When an existing water main is inadequate under city standards to allow additional or expanded service connection thereto, the applicant for new or expanded water service shall construct, at the applicant's expense, a water main that satisfies city standards along the entire property frontage to the nearest facilities meeting city standards. Upon completion and acceptance by the city, the constructed facility shall become the property of the city.

(C) An applicant for new water service shall construct, at the applicant's expense and in accordance with city standards, any service lines required to connect the water meter to an existing water main. Upon completion and acceptance by the city, the service lines shall become the property of the city.

(D) If requested by the applicant and approved by the Director, in his or her sole discretion, the city may complete the construction required by divisions (A) through (C) above, in which case the applicant shall pay the appropriate fee established by resolution of the City Council. Upon completion and acceptance by the city, the constructed facility shall become the property of the city.

(E) When under division (A) or (B) an applicant constructs a main which will benefit others, the city may enter into a refund agreement with the applicant to refund the costs of such construction. The rate charged for such mains shall be a pro rata share of the actual cost per foot of such construction, or such other method as, in the opinion of the Director, will provide an equitable sharing of such costs. The refund agreement shall terminate upon repayment in full of applicant's costs or when 15 years have elapsed, whichever occurs first; provided, however, if applicant is a school district and it has entered into such a refund agreement, the term of the agreement shall be 30 years unless during this period the school district has received full repayment of its costs, upon which event the agreement shall terminate. The reimbursement agreement shall be filed with the city by the applicant within one year from the completion of the construction of the waterline.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1(part), 2007.)

(A) All applicants for service shall be deemed to have consented to receiving such service and agreed to comply with the rules and regulations of the Department. All applicants for water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed connection, shall provide devices to protect their water plumbing and equipment from damage due to high or low pressures, pressure conditions or interruptions of service, and shall agree to hold the city harmless from any damages arising out of either low or high pressure conditions or interruptions of service.

(B) Applicants may obtain service on an active service connection by contacting the Department by telephone or in person. If the applicant requests service be turned on less than one hour prior to the close of business, legal holidays excepted, the applicant shall pay an after-hours service fee. The after-hours service fee shall be established by resolution of the City Council.

(C) All applicants shall be required to establish credit with the city by providing a social security number and/or tax identification number. The city will electronically verify this information with a third party agency for accuracy and fraud prevention. In the event that an applicant does not have a social security number or tax identification number, the applicant must present a passport and/or other official identification from his or her native country which will then be verified. Suspicious information will be reported to the Police Department for investigation. During the verification process credit will be checked to determine if a cash deposit equal to three times the average monthly bill shall be required from an applicant prior to the initiation of service based on the applicant's credit-worthiness, pursuant to the Department’s policies.

(D) If an existing service connection is found to be inactive at the time of application, which may include but not limited to, damages to the connection and/or replacement of the meter, an assessment will be made of the service connection and a fee will be charged on a time and material basis to recover the cost of reestablishing the service to an active status.

(E) A new account setup fee shall be charged to offset the cost of creating accounting and computer records, reading the meter and/or turning on the service and will be included on the first utility bill of all new accounts. If additional utility services, such as reclaimed water or electric, are also added, separate fees will be assessed for each service. The new account setup fee shall be established by resolution of the City Council.

(F) Customers requiring a continuous water supply shall provide their own emergency storage of water.

(G) Except as provided in this chapter, each parcel, lot, or residential unit (including but not limited to single-family homes, condominiums, and apartments) must be provided with a separate service connection and city water meter, provided that the requirement for a separate connection and meter shall not apply to multi-family residential units for which a certificate of occupancy has been issued prior to February 4, 2009, or multi-family residential projects in which every unit is affordable to very low-income, low-income, and/or moderate-income households, as defined in which affordability covenants that have been recorded for every unit or will be recorded prior to issuance of a certificate of occupancy. Any violation of this requirement shall be sufficient cause for the Department to discontinue the service until the violation is corrected. In the event service is discontinued, a fee established by resolution of the City Council shall be paid in advance for reconnecting the service. Two or more houses under one ownership and on the same lot or parcel of land may be supplied service through the same meter; provided, however, that the Director shall have the right to limit the number of houses or the area of land under one ownership to be supplied by one service. Except for multi-family residential projects in which every unit is affordable to very low-income, low-income, and/or moderate-income households, as defined in, and as to which affordability covenants have been recorded for every unit or will be recorded prior to issuance of a certificate of occupancy, submetering of water service is prohibited for all units of housing for which a building permit is issued after February 4, 2009. The city may require the developer of any project wishing to make use of the separate meter exemption for affordable housing contained in this division to execute an agreement to record an affordability covenant for the affected units, and authorizing the city to withhold the issuance of a certificate of occupancy for any unit of housing for which the exemption has been granted but the affordability covenant has not yet been recorded.

(H) The department shall reserve the right to set and maintain a meter or any connection. The customer shall be held liable, however, for any damage to the meter due to negligence or carelessness, and particularly for damage caused by hot water or steam from the premises serviced.

(I) Except as provided in division (M) of this section, no person, firm, corporation or public agency shall make, install or maintain any physical connection between any private source of water supply and the city water supply.

(J) No one, except a city employee or an authorized representative of the Department, shall at any time or in any manner operate the curb-cocks or valves, main cocks, gates or valves of the city water system, or interfere with meters or their connections, or tap or otherwise interfere with mains, lines or other parts of the water system.

(K) The Department shall not be obligated in any manner whatsoever for rental or any other charges of any nature by reason of the location or use of any part of its water or sewer facilities upon the premises of the user, including the location of meters, housing and connections thereupon.

(L) Upon being requested to provide any premises with service, the department shall, at all times thereafter until the service is discontinued and all water and/or sewer facilities are removed therefrom, be authorized to enter in, upon and across any such premises to install, repair, remove, relocate and service its said facilities or any part thereof located thereupon at any and all reasonable times, and to periodically at such times as it deems necessary, read the water meters located thereupon. Any restrictions of these rights shall be cause for immediate discontinuance of service to such property.

(M) The Department shall reserve the right to refuse service to or to discontinue service to any customer when such service, in the opinion of the Director, will be detrimental to the city water system. The Department may require special devices and fittings for backflow prevention and cross-connection control to be installed on the customer's side of the meter at the customer's expense when required by law or when, in the opinion of the Director, such fittings or devices are necessary to prevent contamination of the city water supply, or when the absence of such devices or fittings may degrade the city water system in any way. Failure of the customer to pay for such special devices and fittings when required for existing services shall result in discontinuance of service to the property.

(N) Tampering, theft or damaging city owned equipment and devices is prohibited and the customer shall be subject to all charges associated with replacing or repairing the items in an amount established by resolution of the City Council.

(Ord. 3346 § 5, 2022; Ord. 2975, § 2, 2009; Ord. 2965 § 1, 2009; Ord. 2964 § 1, 2009; Ord. 2947 § 2, 2008; Ord. 2918 § 1 (part), 2007.)

(A) The Department shall have the right to determine the size and location of service connections. Meters shall be set on public property.

(B) Each service connection shall be equipped with a curb-cock or valve on the inlet side of the meter. This valve or curb-cock shall be for the exclusive use of the Department in controlling the water supply through the service lateral. Should the curb-cock or valve be damaged by the customer's use to an extent requiring repair or replacement, such shall be made at the customer's expense. A gate valve or a ball valve shall be equipped on the outlet side of the meter for the customer's use.

(C) The service connection extending from the water main to and including the meter shall be maintained by the Department, and all pipes and fixtures extending or lying beyond the meter including the gate valve or ball valve shall be installed and maintained by the customer.

(D) In addition to the charges set forth herein, any applicant for private fire protection service to provide water to sprinkler or other individually owned systems shall pay all costs of installing such service. All installations must effectively separate the fire protection system from the regular water service. All installations must include a double detector check valve assembly or other use indicating device acceptable to the department. Double detector check valve assemblies that are providing fire service connections for automatic fire sprinkler systems shall be sized by a design engineer. All facilities installed pursuant to this section become the property of the Department. Water will be supplied only at such pressures as may be available from time to time as a result of normal system operations. Any use of fire protection water for other purposes shall be paid for at regular commodity rates; however, such use is unauthorized and shall constitute grounds for discontinuance of fire service. All charges authorized by this section shall be established by ordinance or resolution of the City Council.

(E) When a temporary water service is requested, the applicant shall deposit the sum of money estimated by the city to be required to compensate the city for all water furnished during such period of temporary service. In addition to established charges for water, the applicant shall reimburse the city for all costs actually required in furnishing such service and all damages that may occur to the facilities.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1 (part), 2007.)

(A) The rates and charges established for water service may be billed at regular intervals and as infrequently as bimonthly. All revised rates or charges shall first be billed under the next full billing cycle on or after the effective date of the City Council action revising the amounts. The Director or designee may collect all water rates and charges in behalf of the city, including sewer, refuse, emergency medical services subscription, as well as water rates.

(B) Water and sewer bills, including service and penalty charges, are due and payable upon deposit by city in the United States mail (“date billed”), and shall be delinquent 21 calendar days after the date billed, at which time a delinquent fee equal to 10% of the past due amount shall be assessed. The Department may discontinue water and sewer service for any delinquent accounts in accordance with the procedures set forth in Administrative Policy 03620.003 - Disconnection of Water and Sewer Service for Non-payment.

(C) If the city has made a service call to turn off the service for nonpayment of a delinquent bill, a disconnection fee - water turn on/turn off, as established by resolution of the City Council, will be charged. Additionally, a cash deposit equal to three times the average monthly bill will be required. If the service is turned off for such delinquency and it is requested that service be turned on less than one hour prior to the close of business, legal holidays excepted, the applicant shall pay an after-hours service fee. In the event that the current billing account has been closed, a new account setup fee will also be required. These fees shall be established by resolution of the City Council.

(D) After the Department has turned the service off under this section and the service has subsequently been turned back on, without the authorization of the department, the department may again turn off the service and remove the meter. Damages to the meter and/or service connections will be assessed and fees will be charged to recover the cost of replacing or repairing the damaged items.

(E) No service shall be restored until all delinquent rates, charges, fees, deposits, and penalties due at the time of the request for such restored service are paid in full.

(F) If and when the customer pays an outstanding bill along with other rates or charges in a lump sum, and if the total amount billed and owed for all rates and charges by that customer exceeds the amount paid, the Director shall apply the amounts paid first to the emergency medical subscription, then to sewer, then to refuse, then to reclaimed water, then to electric, and finally to water rates and charges owed.

(G) Notwithstanding any remedial procedure provided herein, the city may exercise any available legal or equitable remedy, including but not limited to court action, to recover all delinquent rates, charges, fees, and penalties.

(H) If the delinquency date or the shutoff date falls on Saturday, Sunday, or legal holiday, the delinquency, penalty or shutoff date shall be the next following city working day.

(I) If a water and/or sewer service customer fails to comply with any provision of this chapter, the Director shall have that service turned off pursuant to the procedures provided herein. However, the Director shall have the right upon request to grant reasonable extensions of time beyond the periods provided herein for payment of delinquent accounts or reverse any delinquent charge, final notice fee, disconnection - water turn on/turn off fee or deposit if, in his/her judgment, unusual circumstances, including but not limited to a customer's extreme financial difficulty, warrant such an extension of time or reversal. Such extension of time for payment, however, shall not eliminate the accrual of the penalty due or the final notice fee unless approved in advance by the Director.

(Ord. 3346 § 5, 2022; Ord. 3308 § 3, 2019; Ord. 2965 § 2, 2009; Ord. 2918 § 1 (part), 2007.)

(A) Amount of use. If a customer disputes the amount of water actually used, the meter shall be read and an examination shall be made to determine if there are any leaks. If no leaks are found, then upon request of the customer, the meter shall be removed and be tested at variable rates of flow. The customer shall be notified of the time and place of such tests and may be present to witness such tests. If the average registration of said meter is more than 2% in excess of the actual quantity of water passing through the meter, the city shall refund to the customer the overcharge for the billing period contested. If the tests show that the meter registration is accurate within 2% or is registering less water than is actually passing through said meter, the customer shall pay the meter testing fee established by resolution of the City Council to cover testing costs.

(B) Billing. If a customer asserts that a billing error has been made, staff shall be made available to check and confirm or correct the billed amount before service is turned off for nonpayment. Appropriate notification of this procedure as required by law shall be given to customers at the time notice of shutoff is given under § 13.14.100.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1 (part), 2007.)

Any person, firm, corporation, or public agency taking possession of premises and using water from an active service connection without first having made application to the city for water service shall be liable for the water delivered from the date of the last recorded meter reading. If the meter is found inoperative, the quantity consumed will be estimated. If proper application for water service is not made upon notification to do so by the city and if accumulated bills for service are not paid immediately, the service shall be discontinued by the department without further notice.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1 (part), 2007.)

No charge shall be made for shutting off the water supply when requested by the customer for the closing of an old account; no charge shall be made for turning on or shutting off the water supply when requested by the customer in the event of an emergency. When turning on the water supply, the customer shall be present to ascertain that there are no breaks or leaks on the customer's side of the meter. The jurisdiction and responsibility of the department shall end at the meter and the Department shall in no case be liable for damage beyond the meter.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1 (part), 2007.)

(A) No person, firm, corporation or public agency shall take, withdraw or cause to be taken or withdrawn water from or through any fire hydrant within the service area of the department to combat a fire, without first obtaining written permission from the Director.

(B) Permits will be issued for temporary water use only for a period not to exceed 30 days, and may be revoked without advance notice at any time when, in the Director’s sole opinion, use of such water is detrimental to any part of the water system or fire protection system of the city.

(C) Water used pursuant to this section shall be sold by the city in accordance with department hydrant meter readings.

(D) The Department may issue a hydrant (construction) meter upon payment of a construction meter deposit equal to the actual replacement cost of the meter based upon the size of the meter requested, a construction water deposit for estimated water usage, a backflow device deposit (potable only) plus a non-refundable construction meter installation and removal fee. In the event the hydrant (construction) meter is relocated, a hydrant meter relocation fee will be assessed. The deposits shall be applied to the closing bill upon return of the meter and backflow device in a condition satisfactory to the Department. The fees authorized by this subsection shall be established by resolution of the City Council.

(E) Charges for water service provided through a fire hydrant meter shall be the monthly ready to serve charge, a backflow charge for potable hydrants, plus the commodity rates as metered for any water used. Meters issued for over 30 days shall be read and billed each 30 days and upon discontinuation of service. Meters issued for 30 days or less shall be billed upon discontinuance of service. Ready to serve charges and backflow (potable only) will be pro-rated for the number of days that the fire hydrant meter is issued whether or not any water is used. These charges shall be established by resolution or ordinance of the City Council.

(F) Fire hydrant use in the Green River service area for construction or other purposes shall be charged at the same rate as the existing unincorporated area rates.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1 (part), 2007.)

Water used for construction purposes with tracts of five or more lots shall be paid for in advance, at the rate of four times the monthly ready-to-serve charge for the size of the meter to be installed, plus commodity charges equal to four months of estimated water usage at tier 1 rates, plus staff costs. These charges shall be imposed every four months as needed for each lot.

Formula Based Fee per lot = (4 x Ready to Serve Charge)+ (4 x average water usage by meter x current tier 1 domestic residential usage rate) + Staff Costs as established by resolution of the City Council.

This payment shall cover all water used for plastering, masonry, testing of plumbing, concrete work and landscape piping for a period of four months at each lot, or until the issuance of a certificate of occupancy and prepayment is issued on the building, or a request for water service is received, whichever comes first. Water used in street construction (except sidewalks), tract grading, or for any other purposes, shall be obtained from fire hydrants pursuant to § 13.14.140 or other sources, and is not a permitted use under this section.

A jumper service deposit will be collected to cover the actual cost of the jumper in the event that it is lost or damaged.

(Ord. 3346 § 5, 2022; Ord. 3108 § 3, 2012; Ord. 2918 § 1 (part), 2007.)

The city's water conservation program shall be as set forth in Chapter 13.26 of this code, and any related resolutions adopted by the City Council, including but not limited to Resolution 91-46. If the city is subject to any conservation water rules under state or federal rules or by any condition of receiving water by purchase from any other public agency, the city shall comply with the conservation rules, except where such rules are expressly suspended or are not being enforced by the enforcing agency.

(Ord. 3346 § 5, 2022; Ord. 2918 § 1 (part), 2007.)

(A) Violation. Water theft, tampering and unauthorized use is prohibited and shall constitute a violation of this section.

(B) Penalties.

(1) Criminal misdemeanor penalty. Any person who violates any provision of this § 13.14.170 is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both.

(2) Administrative citation. In addition to any other penalties provided by law, whenever the enforcement officer, as that term is defined in § 1.08.120(D), determines that a violation of this § 13.14.170 has occurred, the enforcement officer shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 1.08.120(G), pursuant to the procedures set forth in Chapter 1.08. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council.

(3) Removal of theft devices. The city may require the immediate removal of any equipment, connections or tools used to accomplish the water theft that is attached to city's property or facilities.

(4) State law penalties. Nothing in this section shall be intended to limit any of the penalties provided for under Penal Code § 498 with regard to water theft.

(5) Cumulative remedies. The remedies under this section are non-exclusive and cumulative and shall be in addition to any other remedy the city may have at law or in equity, including, without limitation, the right to require payment for all water taken, together with the costs incurred by the city to discover and correct the violation.

(C) Hardship waiver. If, due to unique circumstances, a responsible person who has been issued an administrative citation pursuant to this section is unable to pay the full amount of the administrative civil penalties, the responsible person may, within ten calendar days of the issuance of the administrative citation, apply for a hardship waiver to reduce the amount of the administrative civil penalties.

(1) Application for a hardship waiver must be on a form prescribed by the City Manager and shall be accompanied by financial statements, documentation and any other relevant information that demonstrates that the administrative civil penalties would impose an undue financial burden on the responsible person.

(2) If the City Manager determines that the responsible person has demonstrated with clear and convincing evidence that the amount of the administrative civil penalties would impose an undue financial burden on the responsible person, the City Manager may approve or conditionally approve the hardship waiver and take one or more of the following actions:

(a) Reduce the amount of the administrative civil penalties to an amount that the responsible person can reasonably afford while still effectuating the purpose of deterring water theft; and/or

(b) Enter into a payment plan agreement with the responsible person that sets forth terms and conditions for the payment of the outstanding administrative civil penalties, including the payment method and the amount of any interest to be imposed.

(3) The City Manager shall act upon any completed application for a hardship waiver within ten calendar days after submittal. The City Manager's decision shall be in writing and shall be final.

(4) The responsible person's right to appeal the issuance of an administrative citation pursuant to § 1.08.160 shall be stayed upon the timely filing of a completed hardship waiver application until such time that the City Manager renders a decision on said application.

(Ord. 3346 § 5, 2022)