Delano Municipal Code Ch. 13.04 Water Charges—regulations

Footnotes:

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State Law reference— For statutory provisions pertaining to municipal operations and/or regulation of the city's water supply, see Gov. Code §§ 38730, 38742. Prior ordinance history: Ord. 225, 235, 399, 447, 882, 928, 954 and 962.

For the purpose of this chapter, the terms used herein are defined as follows:

"Advance billing fee" means an advance fee to be collected by the finance department from consumers to insure the payment of the water service charges.

"Apartments" means two or more dwelling units under one roof.

"Consumer" means any person, public or private corporation or entity, the United States of America, the state, any county, municipality and all governmental agencies and departments, and every officer, agent and employee thereof during the course of his employment, who uses water from the city.

"Consumer private water pipeline" means the pipeline not located in the city's right-of-way, extending from the connection to the city's water which is located on the premises or property of the consumer and shall be the sole responsibility of the consumer.

"Department" means the public works department of the city.

"Double occupancy" means two dwelling units or a store and a dwelling unit on a plot of ground seventy-five thousand square feet or less under one ownership.

"Dwelling unit" means any building or portion thereof designed for, or containing a kitchen for, the exclusive use of one family and their guests living independently of any other family.

"Finance department" means the finance department of the city which administers the billing, collection and accounting for charges specified in this chapter.

"Fixed work" means to construct, rebuild, repair and/or restore any portion of the improvements or the materials required by the city engineer to be completed by the consumer, which the consumer shall bear the entire expense thereof.

"Premises" and "property" mean all real property, buildings and appurtenances occupied by an owner, lessee or tenant as a dwelling or a business, commercial or industrial enterprise upon any integral parcel of land undivided by a street or railway.

"Quadruple occupancy" means four dwelling units or three dwelling units and a store on a plot of ground seventy-five thousand square feet or less under one ownership.

"Service connection" means the pipeline extending from the city's water main, whether located in a public thoroughfare or on private easement area, to the curb line or property line of the consumer's premises, together with the valves and fittings necessary to connect to the consumer's private water pipeline.

"Single occupancy" means a dwelling unit or store with or without a lawn or garden, or it means a garden alone, if there is no dwelling or store on a plot of ground seventy-five thousand square feet or less under one ownership.

"Special water line" means any city-owned water line in the water system of the city, constructed within the boundaries of the city, or territory being annexed to the city or area outside the city boundaries the cost of which was not directly assessed to or borne by the abutting property and which has been, or may hereafter be, designated as such "special water line" by resolution of the city council.

"Special water line fee" shall mean the fee established by resolution of the city council of the city, to be paid by any consumer upon issuance of a permit to connect to a special water line.

"Standby service" means the permanent, unmetered connection to the city's water system of hoses, sprinklers or other appliances, such system to be designated and used for fire emergency only.

"Store" means any building or portion thereof used for commercial purposes.

"Superintendent" means the superintendent of public utilities or similar, designated by the city.

"Triple occupancy" means three dwelling units or two dwelling units and a store on a plot of ground seventy-five thousand square feet or less under one ownership.

"Water division" means the water division of the public works department.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

A. Flat Rates. The regular monthly rates to be charged consumers of water furnished by the city for un-metered properties within the corporate limits of the city may be established by resolution or ordinance of the city council.

B. Metered Rates. The regular monthly rates to be charged consumers of water furnished by the city for metered properties within the corporate limits of the city may be established by resolution or ordinance of the city council.

C. Senior Citizens' Discount. Individuals sixty years of age or older, who own and reside in their own home, shall be eligible for a fifteen percent discount on their regular monthly flat rate or metered rate service fee for that property.

The following steps must be completed and an application approved by the city in order to obtain the fifteen percent discount:

1. Complete senior citizens' discount card application and sign it;

2. Return application to City Hall (1015 11th Avenue);

3. Show some type of identification to prove their age to utility billing when turning in application;

4. Provide property taxes or deed of trust, to prove that applicant is the home owner.

The discount will go into effect on the next monthly billing after approval of the application. In order to continue to receive the senior discount, individuals will be required to submit on an annual basis by July 1st an updated application to the utility billing department. The ability of funding the senior discount is dependent on the availability of Measure I funds.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2009-1203, § 1, 9-8-2009; Ord. No. 2013-1266, § 1(exh. A), 10-7-2013)

The following statements are set forth to govern the conditions under which water is to be furnished by the city to consumers:

A. Service Connections.

1. Before water shall be supplied to any premises, or property, application by the consumer shall be made in writing to the finance department for the proper service and stating the official building number and street to be served and any other information that is required.

2. Before a building permit and/or a certificate of occupancy is issued for a building or structure requiring a water service connection, the applicant shall pay any and all connection fees, charges, impact fees, and/or other fees or charges as required.

3. A service connection shall be made at the nearest distribution main by the water division only after all the charges or fees herein provided have been paid.

4. Minimum size of pipes used for water service connections shall be one inch. City may continue to maintain existing three-fourths-inch size connections.

5. When a water meter is required, the size of the meter to be installed shall be determined by the department.

6. The consumer at his own expense, shall install all fixed work as required by the department.

7. The materials furnished by the consumer in construction of the fixed work downstream of the meter, shall at all times be and remain the sole property of the consumer and when necessary, shall be maintained and repaired by the consumer at his own expense.

8. If and when, in the opinion of the city engineer, the safety and protection of the water system requires the installation of a backflow prevention device and/or any other safety measure, the consumer shall install such devices at his expense within thirty days of notification by the city. If such devices are not installed, city may terminate service to the property or premises following the city's process and procedures established for termination of service.

9. Before a service connection is made to a special water line, a permit therefore must be secured from the department. The department may issue a permit to make such a service connection if unit costs have been determined by a prior agreement.

B. Water Charges.

1. Prorating of Charges for Water. There shall be no prorating of charges for water except for new services or closing an old account which shall be prorated as follows: A charge of one-half month for services after the fifteenth of the month, otherwise a full months' charge shall be made. The full rate shall be charged against any and all property or premises so long as herein specified, until the finance department has been notified by the owner or consumer to shut off the water therefrom.

2. Vacant Dwellings. For each dwelling unit in which service charges are being assessed, if said premises becomes vacant, the service charge shall continue to be charged until the finance department has been notified by the owner or consumer to shut off the water.

C. Multiple Hook-Up. Property owners who have more than one unit on one connection otherwise known as multiple hook-ups, shall be required to comply with one of the following conditions:

1. Monthly bill for water service charges for all units involved shall be guaranteed in writing by the property owner and the charges may be added to his personal bill in the event they are not paid.

2. Owner shall agree in writing to pay for the installation of separate connections for each unit, including the regular connection fee as established in this chapter.

D. Restoration of Service. No person, other than an authorized city employee, shall tap, open or connect to, or cause, permit or allow to be turned on, in any way, any water after the same has been turned off by the water division. After all service charges and deposits are paid to the finance department, the water division shall, upon notification from the finance department, restore the services. Any person who shall cause or allow any connection or flexible coupling to be extended from one property with water service to another where water service has been terminated by the finance department, either for nonpayment of delinquent water bills or for any other reason, shall immediately become jointly and severally liable with the water consumer for the unpaid utility charges on the property or premises. Such person shall either immediately pay the charges or see that they are paid or his services shall be subject to termination.

E. Subdivisions.

1. Consumers of water during the construction of a building or subdivision in the city, shall file an application for water service with the finance department, and pay such charges for water as set forth in this chapter. Charges shall be in effect until need for water for construction purposes is no longer required. Water division shall shut off water to individual houses until occupied when ordered closed by order of contractor or owner. (See Section 13.04.072 D.)

2. The subdivider shall install at his own expense, a potable water system that must extend to the far edge of the property for future development and pay all applicable fees, charges, or impact fees as prescribed by this chapter, the subdivision standards, ordinances, and/or resolutions of the city.

3. Subdividers who are required to install a water main within a subdivision larger than the minimum eight-inch line, shall be allowed construction credits at a lineal foot cost amounting to the difference in cost between the size of line installed and a twelve inch line for water mains and appurtenances where such mains are required to serve existent or future property owners, outside of such subdivision.

4. Subdividers of residential or commercial developments who are able to connect to existing water mains in the public right-of-way which have been provided by the city without direct expense to the property owner or developer, shall pay any and all fees, charges, impact fees or any other fees or charges as required.

5. In addition to any other fees or charges required in this chapter, subdividers who are able to connect to existing water mains in the public right-of-way which have been provided by consumers who were required to install a special water line without direct expense to the property owners or developers who are otherwise benefitted, shall pay a charge which has been set forth in prior reimbursement agreements, the cost equal to the benefits to be received by the property owner or developer which is to be determined by the city engineer.

6. Nothing in this chapter shall prevent the city council from entering into a contract of the payment of such charges and fees, whereby such charges or fees may be secured by lien and whereby payment thereof is deferred.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

Any subdivision of property shall, before any lots are sold for building purposes or building occupancy, enter into a written agreement with the city to complete the installation of a water system as required for acceptance of a final map under the subdivision title. The water system, when accepted by the city shall become the property and responsibility of the city.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

A. Water meter or meters shall be required for all new construction or substantial remodeling of any existing building on a property or premises. "Substantial remodel" shall be as defined by the zoning ordinance of the city.

B. A property, which currently has water service subject to a flat rate, may request, and the city may install, water meters at no cost to the property or building owner, provided that the property is not subject to any code enforcement action or is not subject to a substantial re-model or similar permit. The city may establish a waiting list for such requests and will provide meters in chronological order of written request.

C. When directed by the city council, properties found by the council to be wasting water may be equipped with a water meter by the city and be required to pay the metered rate for water. This authority may be delegated to the city manager by a resolution of the city council.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2009-1203, § 2, 9-8-2009)

Editor's note— Ord. No. 2009-1203, § 2, adopted Sept. 8, 2009, changed the title of section 13.04.050 from meters to metered services.

All meters installed in the city shall remain the property of the city. The meters shall be kept in a serviceable condition by the city, but where any damage to them has been occasioned by any other cause than reasonable wear and tear, the owner or occupant of the premises or property shall be liable and responsible for any and all expenses to the city related to repair or replacement of same, shall be charged to and collected from the owner or occupant of the premises or property.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

Any customer may demand that the meter through which water is being furnished be examined and tested by the city for the purpose of determining whether or not it is registering correctly. Such demand shall be accompanied by a deposit as set by resolution of the city council and, if it is determined that the meter is registering over three percent more water than actually passes through it, another meter shall be installed in place of the faulty meter and the deposit returned to the customer. If the meter shall be within three percent coverage, then the city shall retain the deposit. Whenever a meter has failed to register correctly the customer shall be charged with an average daily consumption as shown by the new meter for the prior month of service.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2009-1203, § 3, 9-8-2009)

A. Fire Hydrants.

1. Fire hydrants are provided for the purpose of extinguishing fires and are to be opened and used only by water, fire and street employees of the city or county employees under direct contract with the city.

2. Consumers intending to take water from a fire hydrant shall be charged a cash deposit as adopted by a resolution or ordinance of the city council and/or payment in full in advance for water services as set forth herein, whichever is greater, which shall be applied to the rate established for water service herein. If a temporary meter is not available, a flat rate may be established for such purposes by the public works department.

3. Without limiting any other penalty or remedy available to the city, any person taking water without the required permit and deposit shall be subject to a penalty prescribed by an ordinance or resolution of the city council.

B. Fifteen-Day Penalty Charge and Forty-Five-Day Delinquency Charge.

1. Consumers who are delinquent, as set forth in Section 13.04.080, in the payment of their monthly bill for water service, shall be charged a penalty charge of ten percent, which shall be added to the regular monthly rate.

2. Delinquent consumers who have not paid in full a billed amount for forty-five days after the date the bill is delinquent, during the regular working hours, shall pay a delinquency charge of twenty-five dollars. Such charge will only be imposed when such consumer fails to make payment arrangements to the satisfaction of the director of finance, after proper notification of such delinquency by the finance department.

3. Delinquent consumers who require the restoration of water service resulting from nonpayment of service charges or for any other reason, shall pay a service fee of twenty-five dollars to pay for the cost of restoring such service.

4. Consumers shall have ten days from the day of the billing to object in writing to any of the above penalty and delinquency charges, and the objections shall be made to the city finance director who shall consider the objection and advise the consumer in writing of the city's response.

C. Impact Fees for New Connection by Resolution. The city council shall define, set and establish the water developer impact fee, identify the facilities to be constructed with the water developer impact fee and determine the rates for the water developer impact fee by resolution after a lawfully noticed public hearing.

1. See water impact fees chart, set out in Exhibit A.

2. The water impact fees set out in Exhibit A will be adjusted annually by the city engineer in accordance with increases or decreases in the consumer price index for all urban consumers for the west as promulgated by the Bureau of Labor.

Exhibit A

2001 WATER DEVELOPMENT FEES

ESTATE RESIDENTIAL, INDUSTRIAL OFFICE AND COMMERCIAL*

* Based on square footage of parcel or portion of parcel being developed.

Source: City of Delano Development Impact Fee Manual, as derived from Simpson-VanCuren's City of Delano Water Study and Development Fees Report, April, 1990. Water impact fee rates will be increased annually based upon increases in the Consumer Price Index per City Engineer.

D. Water Service During Building or Subdivision Construction. Water used from building or services, but not from fire hydrants, for any purpose shall be charged at a rate set by resolution or ordinance of the city council.

E. Private Fire Protection Charges. The rate for private fire service shall be as follows: A monthly service charge determined by resolution or ordinance of the city council. Fire protection service shall be subject to the following conditions:

1. The service connection shall be installed to city standards at the expense of the user, which includes, but is not limited to, a tee and valve.

2. Installation shall be made in conformance to the specifications of the city and fire underwriters. A double check valve shall be installed at the user's expense.

3. The service shall be used only for fighting fires and testing the system. Notice shall be given to the city in advance of tests.

4. No charge shall be made for water used for testing and fire fighting. Water used for any other purpose shall be billed according to the regular rate schedule.

F. Weekend and Holiday Service Charge. A minimum service charge determined by a resolution or ordinance of the city council will be charged for weekend and holiday services to turn on and off water services when requested by the customer.

(Ord. 1115 §3 (Exh. C), 2004; Ord. 1046 §1 (Exh. A (part)), 2000).

(Ord. No. 2009-1203, §§ 4—6, 9-8-2009)

A. Customers desiring a water service connection or water meter shall file a written application for water service upon a form provided by the finance department, and shall pay the fees adopted by a resolution of the city council to defray the cost of installation of a new water service connection or changes to the size of an existing connection.

B. Consumers requiring extra curb stops and appurtenances to the water system in order to provide for special connections, shall be required to pay the actual costs of the above appurtenances plus cost of labor for installation.

C. Developers of regular or minor subdivisions who provide for the installation of water connections as a part of the improvement agreement with the city, will not be required to pay an additional service connection fee.

(Ord. 1141 §1, 2006; Ord. 1046 §1 (Exh. A (part)), 2000).

A. Any applicant not a resident owner of the parcel of ground or structure to be served for water service shall be charged an advance billing fee in an amount equal to the cost of the consumer's water service for a two-month period. An advance billing fee paid to secure payment of water bills shall be returned to the person paying such fee when change of ownership or occupancy shall relieve such person from liability from that certain service; provided, that the charges for water service have been paid in full.

B. The owner of any property where water is furnished by the city may assume responsibility for the payment of water and other utility charges by filing with the finance department a written acceptance of such responsibility and guaranteeing payment of all water and utility charges accruing against the property.

C. The finance department may require an advance billing fee from a new owner of property being served water by the city in an amount equal to the cost of the consumer's water service for an additional two-month period.

D. Consumers, except for government agencies, who become delinquent in payment of bills for such service, shall be required to guarantee payment of water charges by an advance billing fee in an amount equal to the cost of the consumer's water service charge, he would incur during a two-month period.

E. Advance billing fees may be refunded by the finance department after six months; providing, that the consumer demonstrates good credit, by not being delinquent and not being shut off at any time at any address in the past six months; or when the account has been closed providing all charges for service have been paid in full.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

A. Conditions of Service. Property owners outside the corporate limits desiring water service shall comply with the following requirements:

1. Submit to the city council a written request for city water setting forth:

a. The area to be served; and

b. The proposed development requiring water service.

2. If the area to be served is within a designated area for service the applicant shall submit such request to the department.

3. The council shall either deny the request or refer it to the staff for investigation and report. Council's approval of the request shall require a separate agreement for each outside water connection between the property owner and the city unless the city has established a designated area for service.

4. After city council approval, the property owner shall be required to deposit a sum determined by the city manager and/or community services director equal to the estimated staff time and other charges required to complete the application process and any other services provided by the city at the request of the property owner. Unused funds shall be returned to the property owner upon the completion and/or termination of the application process.

B. Service Connection Fees. Service connection fees for outside the city consumers shall be thirty percent higher than for inside the city consumers.

C. Water Rates. The regular monthly rate to be charged for consumers outside the corporate limits of the city shall be thirty percent more than for inside the city consumers as set forth in Section 13.04.020.

D. Advance Billing Fee. Applicants for water service outside the corporate limits of the city, except for government agencies, who have obtained approval from the city council and signed agreements which may be required for connection to the city's water system, shall be charged an advance billing fee in an amount equal to the outside rates established by the council for a two-month period, including all current users.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2009-1203, § 7, 9-8-2009)

All water bills are due and payable at the City Hall on the first day of each month succeeding the month in which the water was consumed, and shall be delinquent after fourteen days.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

In addition to any other remedy provided herein for enforcement of the collection of any water rate, charge or fee due on an account, all rates fees or charges provided for in this chapter shall be a charge against the property on which it is furnished and against the owner thereof, and shall be a lien against the premises to which any water may be supplied, and the occupant thereof using the water. However, the city will not impose any penalty or interest charges on delinquent bills for customers with an annual household income that is below two hundred percent of the federal poverty line in accordance with California Health and Safety Code section 116914.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2020-1315, § 2, 8-16-2020)

A. Disconnection for Nonpayment; Notice.

1. Residential service may not be discontinued for nonpayment until payments have been delinquent for at least sixty days beyond the date of delinquency under Section 13.04.080.

2. Prior to terminating residential service on account of nonpayment of a delinquent account, the city must give notice of the delinquency and impending discontinuation, at least ten days prior to the proposed discontinuation, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed.

3. In addition to written notice, the city will make a reasonable attempt to contact an adult person at the premises of the customer by telephone or personal contact, at least forty-eight hours prior to any discontinuation of service. If telephone or personal contact cannot be accomplished, the city will post a notice of discontinuation of service in a conspicuous location at the premises and provide a copy of the city's policy on the discontinuation of residential water service for nonpayment, at least forty-eight hours prior to discontinuation.

4. Notice to Renters. Where the listed customer on an account is a landlord, a notice of delinquent account and pending discontinuation must also be sent to residential occupants at least ten days prior to the discontinuation of service. The notice must inform the renter of his or her right to become a customer without paying the past due amounts on the landlord's account. In order for the amount due on the delinquent account to be waived, however, an occupant who becomes the customer must verify that the delinquent account customer of record was the landlord, manager, or agent of the dwelling. Verification may include a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Civil Code Section 1962.

B. Contents of Notice of Discontinuation.

1. Every notice of discontinuation of service must be sent to the customer's address and to the residence where residential service is provided, if different. Every notice of discontinuation of service will include all of the following information:

a. The name and address of the customer whose account is delinquent;

b. The amount of the delinquency;

c. The date by which payment is required in order to avoid discontinuation of service;

d. The procedure by which the customer may initiate a review and appeal concerning service or charges;

e. The procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including amortization of the unpaid charges;

f. The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state or federal sources, if applicable;

g. The telephone number of an employee of the city who can provide additional information or institute arrangements for payment.

C. Limitations on Discontinuing Service in General.

1. The city may not discontinue residential service for nonpayment in any of the following situations:

a. During the pendency of an investigation by the city of a customer dispute or complaint, or an appeal of an adverse determination regarding such review.

b. When the customer has been granted an extension of the period for payment of a bill.

c. On any day or at any time that the city is not open to the public.

D. Limitations on Discontinuing Service, Special Medical and Financial Circumstances.

1. The city will also not discontinue residential service for nonpayment in any of the following situations:

a. The customer, or a tenant of the customer, submits to the urban and community water system the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided;

b. The customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement over a reasonable period of time, not to exceed twelve months, with the city with respect to all charges that the customer is unable to pay prior to delinquency;

c. The customer, or a tenant of the customer, submits a certification of a primary care provider, as that term is defined in Welfare and Institutions Code Section 14088(b)(1)(A), that to do so will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises;

d. The customer is financially unable to pay for service within the city's normal billing cycle by demonstrating that any member of the customer's household is a current recipient of Cal WORKs, CalFresh, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or declares under penalty of perjury that the household's annual income is less than two hundred percent of the current federal poverty level guidelines issued by the federal department of health and human services.

E. Repayment of Options for Qualified Customers.

1. If either of the circumstances listed in subsection D.1.a. or c. above is met, the city will offer, at its discretion, the customer one or more of the following options:

a. Amortization of the unpaid balance for a reasonable period of time, not to exceed twelve months, unless a longer period is necessary to avoid undue hardship;

b. An alternate payment schedule;

c. A partial or full reduction in payment financed without additional charges to other ratepayers;

d. Temporary deferral of payment.

F. Limitations on Terminating Service for Customers Subject to a Repayment Plan. If a residential customer fails to comply with: (1) an amortization agreement, (2) an alternative payment schedule, or (3) a deferral or reduction in payment plan for delinquent charges for 60 days or more, or while undertaking subsections a.—c. above does not pay the current residential charges for sixty days or more, the city may terminate service no sooner than five business days after posting a final notice of intent to disconnect service in a prominent and conspicuous location at the premises. Such notice does not entitle the customer to further investigation or review regarding such delinquent amount by the city.

G. Interruptions in Water Service.

1. Service will be discontinued if payment has not been received or arrangements made to pay the delinquent bill. If payment is not made within the specified time as identified above or for any other reason relating to nonpayment of an outstanding bill or charge, including, without limitation, checks returned for insufficient funds, credit card denial, or other similar type of payment problem, a service charge, in an amount determined by the water charges, will be charged and due and payable with respect to each time service is discontinued.

2. Except as provided in Public Utilities Code Section 10009, where water has been shut off, service will not be restored until all required payments (including, without limitation, arrearage, penalties, deposits and service charges) have been paid in full.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2020-1315, § 2, 8-16-2020)

When ordered by a resolution, ordinance, or other action of the city council, or upon declaration of emergency by the City of Delano, all consumers shall conserve water in accordance with the following schedule:

1. Customers with even-numbered addresses shall complete outside watering only on Sundays and Wednesdays.

2. Customers with odd-numbered addresses shall complete outside watering only on Saturdays and Tuesdays.

3. No water for outside purposes shall be used on Mondays, Thursdays, and Fridays.

The city manager may make exceptions for non-residential uses upon written request and a finding that a health and safety issue would arise. Irrigation drip systems that effectively minimize irrigation use are exempt from this chapter.

(Ord. 2008-1183 § 1, 2008).

(Ord. No. 2008-1189, § 1, 9-2-2008; Ord. No. 2015-1274, § 1(a), 5-18-2015)

The following are defined as the "waste of water" and are prohibited and a violation of this chapter:

1. The use of water which allows water to run off the property or area to which it is being applied. This is specifically in reference to but not limited to the irrigation of turf, ground cover, trees or other forms of landscape that results in water flowing into gutters, drains, ditches or other non-target areas of the irrigation system.

2. The washing of vehicles, boats, trailers, airplanes and building exteriors is allowed only on designated watering days with a hose with a positive stop device and a bucket.

3. Washing down driveways, sidewalks, parking lots, patios, tennis courts or other hard surfaces. These areas should be swept in lieu of using any water.

4. The watering of lawns, ground-cover, trees and shrubbery between the hours of eleven a.m. and six p.m. from May 1, to September 30 or during periods of high wind which exceeds twenty miles per hour. Drip, bubbler and soaker hose irrigation systems will be excepted from these requirements.

5. Failure to abate a leak or malfunctioning plumbing within twenty-four hours that results in the considerable loss of water.

6. The operation of an ornamental fountain that does not recycle the water.

7. Allowing an irrigation system to operate in such a manner that water is applied to more than an incidental amount of driveway, sidewalk, patio, parking lot or other hard surface or area including bare ground not sustaining plant material that would require water.

8. The installation of blue or perennial rye grass turf except on athletic fields is prohibited. Blue and perennial rye grass uses approximately fifty percent more water than bermuda.

9. Allowing water to gather into a pool or puddle where it serves no useful purpose but may act as a harbor or breeding place for mosquitoes.

(Ord. 2008-1184 § 1, 2008: Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2008-1185, § 1, 7-21-2008)

No one shall, in any manner whatsoever, tap, meddle or interfere with any part of the water system of the city. No one shall use water supplied by the city for any other purpose than that described in the city in the application for service, or in any way supply water to other persons other than those living on the property described in the application.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

No one shall place or leave any vehicle or materials of any kind within five feet of any fire hydrant so as to prevent free access to same. No one shall place materials of any kind within three feet in all directions of any fire hydrant or in any manner so as to prevent free access to same.

(Ord. 1090 § 1 (Exh. A), 2003): Ord. 1046 § 1 (Exh. A(part)), 2000).

No one except an authorized representative of the city shall turn the water on or off from any property or premises. Any official of the city shall have the right of entry into buildings or premises regulated by this chapter in accordance with the provisions of Chapter 1.08. The city reserves the right to shut off the water from any property or premises for the purpose of making repairs, alterations or additions to its water system or otherwise or for enforcing the provisions of this chapter.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

Water rates in full will be charged in every instance for premises vacated until the city has been notified by the owner or consumer or their authorized agency to discontinue service.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

This chapter shall not be construed as imposing upon the city or any official or employee thereof, any liability or responsibility for damages or injuries to any property or person by reason of the enforcement or the lack of enforcement of the provisions of this chapter.

(Ord. 1046 § 1 (Exh. A(part)), 2000).

Anyone who violates any provision of this chapter including but not limited to the wasting of water shall be guilty of an infraction punishable by:

1. A fine not to exceed fifty dollars for a first violation by residential customers; and

2. A fine not to exceed one hundred dollars for a second violation within a one-year time period for residential customers; and

3. A fine not to exceed two hundred dollars for a third violation within a one-year time period for residential customers; and

4. A fine not to exceed five hundred dollars for all non-residential customers for each violation.

(Ord. 2008-1184 § 2, 2008: Ord. 1046 § 1 (Exh. A(part)), 2000).

(Ord. No. 2008-1185, § 1, 7-21-2008; Ord. No. 2015-1274, § 1(b), 5-18-2015)