Del Mar Municipal Code Ch. 21.12 Water Supply—water Rates and Charges

A. The purpose of this Chapter is to provide water rates and charges.

B. Deposit and Documentation Required Upon Application for Service; Refund of Deposit. All applicants for water service shall complete the required forms supplied by the City before approval of water service can be given. Forms will be returned to the City within ten working days of application of service. Applicants failing to return the required forms will be subject to discontinuation of service. All applicants for water service shall deposit with the City a deposit for water service as provided in this Code. After the deposit has been held for 12 consecutive billing periods, during which time service has been continuous and bills have been paid within the allowable period without incurring a late penalty, the deposit will be automatically refunded without interest.

(Ord. No. 554; Ord. No. 664; Ord. No. 687; Ord. No. 768; Ord. No. 828; Ord. No. 1008, § 2(Exh. A), 5-20-2024)

The minimum bimonthly rate for all water furnished to a consumer through a water meter shall be determined by the size of water meter combined with usage as follows:

A. Bimonthly Service Charge. All water service customers of the City shall be subject to a fixed bimonthly service charge. The amount of the service charge shall be determined by the size of the water meter as follows:

B. Bimonthly Commodity Charge. All water service customers of the City shall be subject to commodity rates for each unit (100 cubic feet, 748 gallons) of water used. Commodity rates applicable to water service customers are as follows:

1. Residential.

2. Non-Residential. Commercial, Institutional, Fairgrounds, Irrigation.

The commodity rate per unit of water use is as follows:

3. Billing. Charges for water service are billed on a bimonthly basis. Tier rate usage limits shall be double the monthly values for bimonthly billing purposes. Further adjustments of usage limits shall be made on a proportional basis only if the actual billing period exceeds 70 days.

C. Special Use Charges.

1. Fire Service charges will be assessed as follows:

2. A monthly service charge set forth in the City of Del Mar Fee Schedule per backflow prevention device will be assessed.

D. Outside City Users. When it appears to be in the best interest of the City and the people thereof, and when approved in writing by the City Manager, the owner or occupant of property situated outside the City may be permitted to have such property connected to the water system of the City. In addition to other fees, assessments or charges provided by this Chapter, the owner or occupant of property situated outside the City shall pay a water service charge equal to 100 percent of the charge for applicable service established by this Section.

In the event that the owner or occupant of such property fails to pay such water service charge, the City Manager shall have the right, upon five days notice, to disconnect the owner's or occupant's property from the water system.

E. Pass Through Fees and Charges for Wholesale Water and Water Treatment and Delivery. In accordance with Government Code § 53756, as it may be amended from time to time, all San Diego County Water Authority, Metropolitan Water District of Southern California, and the City of San Diego fees and charges for wholesale water, water related services and the treatment and delivery of water shall be passed through to Del Mar water utility customers.

(Ord. No. 488; Ord. No. 554; Ord. No. 564; Ord. No. 628; Ord. No. 650; Ord. No. 654; Ord. No. 664; Ord. No. 687; Ord. No. 713; Ord. No. 730; Ord. No. 768; Ord. No. 828; Ord. No. 903; Ord. No 948, § 2, Exh. A, 6-3-2019; Ord. No. 968, § 1, 7-20-2020; Ord. No. 1008, § 2(Exh. A), 5-20-2024)

The City Manager shall, from time to time, prepare a recommendation for any change as deemed to be necessary for the ensuing fiscal year. Such recommendation shall be based upon a study of any increase or decrease in the cost of maintenance, repair and replacement of the water system.

The City Council shall, after public notice and hearing thereon, by ordinance, approve, disapprove or modify the recommendation of the City Manager. The effective date of any change in the water rates shall be specified in the ordinance passed by the City Council.

(Ord. No. 472; Ord. No. 1008, § 2(Exh. A), 5-20-2024)

The rates to be so charged and collected each month for fire service and automatic fire sprinkler service within the City shall be established by ordinance.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

The rates to be charged and collected for construction of water service and meter installation shall be established by ordinance.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

The rates for water and water service supplied to the various departments of the City shall be the same as those rates in effect for all other consumers within the City, as in this Chapter specified, and the water and water service so furnished shall be charged to their respective budget accounts and paid for monthly from such funds into the fund provided for by the receipts from sale of water.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

Under ordinary conditions, continuous service meters shall be read monthly on approximately the same day of the month, and a bill issued showing the period covered by the meter readings, the quantity of water used, and the total charge for the service rendered. When it is impossible to read the meter due to any obstructions, an average bill, or a series of average bills, will be rendered, will be adjusted at the next actual reading date. If the meter fails to register, the charge for water will be based upon the average of the comparable period of the preceding year, taking into consideration the volume of business, weather conditions, and any other factors that may assist in determining an equitable charge. Unless the applicant for water service shall direct otherwise, all bills will be mailed to the premises where service is furnished.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

When the accuracy of a water meter is questioned, the department shall, upon the request of a consumer on the form provided, cause an official test to be made upon deposit by the consumer, an amount determined by the meter size and as established by ordinance.

If, upon examination of the meter to ascertain the accuracy of its operation, it shall be found to register over three percent more water than actually passed through it, another meter will be substituted therefor, and the fee charged for such test will be refunded to the person making the application. An adjustment for a period of three months prior to the test will be made on the basis of the percentage the meter is in error.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

A. Water bills based on meter readings shall be prepared and mailed to the consumers bimonthly. Bills will be due and payable upon receipt. No less than 19 days shall be allowed from the date of mailing such bills for payment thereof, and bills will be deemed delinquent thereafter. A ten percent penalty per billing period will be charged on all delinquent bills.

B. If service is terminated in accordance with the provisions of the Title, service will not be renewed until the delinquent bill is paid together with penalties and charges, including the cost of reconnection as defined in this Title. An additional deposit will also be required pursuant to the rates established in this Chapter.

C. In the case of service to rental property, the property owner shall be liable for any billings not paid by the tenant.

(Ord. No. 554; Ord. No. 1008, § 2(Exh. A), 5-20-2024)

Water bill adjustments may be made by the City in accordance with administrative regulations approved by the City Manager.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

A person taking possession of any premises and using water through an active service connection without having made application to the City for water service shall be held liable for the water delivered from the date of the last recorded meter reading, and if the meter was found inoperative, the quantity of water consumed shall be estimated.

If proper application for water service is not made promptly upon notification to do so by the department without further notice.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

When an application for water service is made by a former consumer who has failed to pay all bills for service previously rendered, the City may refuse to furnish water to such applicant until the outstanding bills are paid, plus any applicable penalties.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

A. The department may render any reasonable service in connection with the supply of water service to consumers upon application at the main office of the department; provided that reasonable charges may be made for any expense involved in rendering the service.

B. All bills for labor, material furnished, or other charges not provided for otherwise, shall become due and payable at the same time and in the same manner as the next regular billing for water, and shall become delinquent at the same time as is provided for delinquent payments on regular water bills.

(Ord. No. 1008, § 2(Exh. A), 5-20-2024)

The following rates and charges are established:

A. Refundable Water Deposit. The deposit shall be three times the base monthly service charge for new accounts, with a refund upon request after two years of acceptable payment history or upon termination of the account. If a customer's service is discontinued because of nonpayment, the customer is required to deposit with the City an amount equal to three times the base monthly service charge. When two consecutive years of acceptable payments have been made or upon termination of the account, the deposit will be refunded at the request of the customer.

B. Notification to Pay Bill (Door Hangers). If a door hanger or any other personally delivered form of notification is required to notify customers of pending water shutoff, a charge as set forth in the City of Del Mar Fee Schedule will be paid before the water will be reconnected.

C. Water Reconnect Penalties. When it is necessary to shut off a customer's water because of nonpayment, the City will impose a penalty in an amount set forth in the City of Del Mar Fee Schedule and customer will be billed at actual costs of labor and vehicle for after hours reconnection. The penalty and all outstanding charges must be paid before the water will be reconnected.

If a disconnected service is illegally reconnected by the customer, a penalty in an amount set forth in the City of Del Mar Fee Schedule will be assessed. If it is necessary to remove the meter to prevent the customer from reconnecting the water, the customer will be required to pay an amount set forth in the City of Del Mar Fee Schedule and all outstanding charges before the meter can be reinstalled.

D. Testing of Water Meters. When the accuracy of a water meter is questioned by the customer, the City will remove the meter and send it out to be calibrated if requested by the customer and the meter is found to be in good working order, the customer will be charged the actual cost of the testing to the City. If the meter is found to be faulty, the City will incur the cost of calibration.

(Ord. No. 512; Ord. No. 828; Ord. No. 968, § 2, 7-20-2020; Ord. No. 1008, § 2(Exh. A), 5-20-2024)