Del Mar Municipal Code Ch. 21.04 Water Supply—general

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section.

A. Consumer. Any person to whom the City supplies water service under a contract, either expressed or implied, to make payment therefore.

B. Department. The Public Works Department of the City. Actions of the Department may be taken only by the Superintendent of Public Works or his duly authorized representative.

C. Extension. A water main extension.

D. Legal Or Equitable Owner. Any owner of record, mortgagee, trustee or contract purchaser.

E. Main. An existing water main in the water distribution system of the City, as acquired from the Del Mar Utilities or added thereafter.

F. Service Connection. The tapping of water mains and the laying of pipes from the main to the curb or to the meter.

(Ord. No. 472)

The provisions in this Chapter are established for the regulation, use and operation of the water system of the City, as acquired from the Del Mar Utilities, together with any additions thereto, and shall apply to all water service provided by the City from the date of acquisition of the water system from the Del Mar Utilities.

The City Manager may make, from time to time, rules and regulations not in conflict with this Chapter or any other Section of this Code, governing the Department and the use and consumption of water, subject to the approval by resolution of the City Council; and all consumers shall observe such rules and regulations to the same extent as though set forth in this Chapter.

No person shall willfully or neglectfully waste water in any manner whatsoever.

A. Persons wishing to take a supply of water from a fire hydrant shall make application to the Department for such service. The Department will make the necessary connections and install a meter of required size, upon payment of charges determined by the City Council.

B. When water is required for construction purposes of any type, upon making proper application, a service connection will be made with a main or at a hydrant at the most accessible point to the construction work. When the connection is not sufficiently accessible and water must be taken to the work in a tank wagon or barrel, such supply shall be taken through the meter as installed. In no case will water be furnished for any purpose except through a meter.

C. It shall be unlawful for any person to open or use a fire hydrant except the Fire Department and Public Works Department, or such other persons as are specially authorized by the Department, upon such person making application at the main office of the Department.

D. To insure safety of fire hydrants for fire protection, any person authorized by the Department to open fire hydrants will be required to use only an approved Spanner wrench, and to replace the caps on outlets when the same are not in use. Failure to meet this requirement will be sufficient cause to prohibit further use of the hydrants, and the refusal of subsequent authorization for use of the fire hydrants.

It shall be unlawful for any person to place upon or about any fire hydrant, gate, valve, manhole, stopcock, meter or meter box connected with water pipes of the system of water works, any material, debris or structure of any kind so as to prevent free access to the same at all times.

It shall be unlawful for any person except an authorized employee of the Water Utilities Department, to turn water on or off from any building or premises at the service gate valve or curb angle stop. Water service shall be rendered to buildings not then having water service only upon proper application for such service.

It shall be unlawful for any person, in any manner whatever, to meddle or tamper with or interfere with any part of the waterworks of the City.

Any authorized employee of the City shall be admitted at all reasonable hours to all parts of any premises supplied with water by the Department, to determine whether regulations are being obeyed.

On failure to comply with the rules and regulations established by the Department as a condition precedent to the right to the use of water, or to pay rates or any charges imposed, in the time and manner stated in this Chapter, and subject to the provisions of State law, the water may be shut off until payment of amount due is made, with a fee for the expense of turning the water off and on. The amount of connection, use charges, and fees shall be established by ordinance.

The City shall have the right at any time, and at any point where water is used, to install a water meter of adequate size, and enforce collection for the amount of water that shall be used, in accordance with all the ordinances, rules and regulations of the Department governing the consumption of water, and for that purpose may go upon the premises of the consumer of water.

A. If an authorized inspector, foreman or employee of the Department is refused admittance to any premises supplied with water by the City, or on being admitted is hindered or prevented from making an examination or inspection, the City Manager may cause the service of water to such premises to be discontinued, after giving written notice, in accordance with State law, to the owner or occupant thereof.

B. Service of water may be discontinued until the owner or occupant has given satisfactory assurance to the superintendent that any such inspector, foreman or employee will not be hindered or prevented from making such examination or inspection.

The Department's jurisdiction and responsibility ends at the meter, and the Department will in no case be liable for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes beyond the Department's meter.

The City in cases of emergency, whenever the public safety, health or the equitable distribution of water so demands, may change, reduce or limit the time in which the water may be used, or discontinue the use of water entirely during the emergency. The Department also reserves the right, upon notice at any time, to shut off the water supply because of repairs, extensions, or other similar reason.

Whenever, in response to a turn-on order, a Department employee shall find the house or property vacant, he shall endeavor to ascertain that the water is not running on the inside of the building. If this is found to be the case, the water will be left shut off at the meter and a notice shall be left at the house stating why the water was not turned on.

The City shall not be responsible for any damage, such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixture, stoppage or interruption of water supply, or any other damage resulting from the shutting off of water.

A. It shall be unlawful for any person to draw water from any City main directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

B. The Department reserves the right to install at a convenient place on the consumer's premises, a pressure recorder to determine if the preceding Section is being violated.

C. Where City water is used to supply a steam boiler, hydraulic elevator or power pump, its owner shall provide a tank of sufficient capacity to afford a supply of at least 12 hours into which the service pipe shall be discharged.

The City Manager is hereby authorized to determine and declare that a water shortage emergency exists in any or all parts of the City, and upon such determination, to promulgate such regulations, rules and conditions relative to the time of using water, the purposes for which it may be used, and such other necessary limitations as will, in his opinion, relieve the water shortage in any such sections of the City.

Upon such emergency declaration, it shall be the duty of the City Manager to publish a notice giving the extent, terms and conditions respecting the use and consumption of water at least once in a newspaper of general circulation in the City.

All water pipes which have been approved by the Department, laid in streets, alleys or other public thoroughfares within the City, shall become the property of the City, unless private ownership is specifically provided as a condition of an Encroachment Permit which has been approved by the City Council.

All contractors or other persons who open, grade, regrade, fill, excavate or otherwise work a street shall obtain an Encroachment Permit from the City for the removal, raising, lowering or otherwise displacement of any water mains, pipes, fittings, meters or other water system property that may interfere with such street work. All work which may involve City water facilities shall be performed in strict accordance with all requirements, restrictions and limitations which may be imposed by the Department.