El Monte Municipal Code Ch. 13.04 Water Service System

The Council declares that the water supply owned by the city is in excess of the amount required to supply the water required by the inhabitants thereof; that while and so long as such excess exists all or any part thereof may be sold outside the corporate limits of the city; but in no case shall a contract be made for a supply or any excess of water outside of the corporate boundaries for a period longer than one year; and in no case shall such a contract be made unless the Council declares by a separate ordinance that there exists an excess of water not required to supply the inhabitants of the city within the term of the contract; but water not required to supply the inhabitants of the city may be sold by the council outside the corporate limits, from month to month, during the existence of such excess.

(Prior code § 7400)

A. For purpose of this Chapter 13.04, the acronym "WQU" stands for "water quantity billing unit" which means a volume or unit measure of water containing one hundred (100) U.S. gallons.

B. In addition to any other water service related charges set forth under this chapter, each water consumer shall pay a metered water rate commodity charge to the Water Department for the amount of water delivered by the Water Department measured at the water meter installed at the water consumer's connection in accordance with a schedule of fees, rates and/or commodity charges set forth by resolution of the City Council, but only after first complying with the applicable notice, hearing and other procedural requirements of Article XIIID, section 6 of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code, § 53750 et seq.) as either or both may be subsequently amended from time to time. The most recently approved resolution setting forth the schedule of fees, rates and/or charges shall be maintained by the Water Department and shall be posted on the Water Department website following its approval.

C. Incident to the City Council's declaration of a water shortage or water emergency as provided under Chapter 14.02 (Drought Response Conservation Plan) of the El Monte Municipal Code and the corresponding implementation of various levels of water conservation requirements and restrictions, the schedule of metered water rate commodity charges adopted pursuant to this chapter may be adjusted for the duration of the declared water shortage or water emergency by such formula as may be approved by the City Council as part of its overall approval of a schedule of metered water rate commodity charges.

D. The fees, rates and/or charges established by resolution pursuant to subsection B., above, shall go into effect on the date and time set forth by the City Council by resolution. If the City Council acts to approve a lesser increase for a given calendar year, such lesser increase shall be memorialized by resolution and such resolution shall be maintained by the Water Department and the City Clerk and shall be posted on the Water Department website.

(Ord. 2633A §§ 1, 2, 2004; Ord. 2553 § 1, 2002; Ord. 2540 § 1, 2001; prior code § 7401)

(Ord. No. 2775, § 1, 7-19-2011; Ord. No. 2846, § 2, 11-12-2014; Ord. No. 2962, § 3, 12-17-2019)

A. In addition to any other water service related charges set forth under this chapter, each consumer of water shall also pay to the Water Department a monthly water service meter base charge in accordance with a schedule of charges set forth by resolution of the City Council, but only after first complying with the applicable notice, hearing and other procedural requirements of Article XIIID, Section 6 of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code, § 53750 et seq.) as either or both may be subsequently amended over time. The most recent resolution setting forth the schedule of fees, rates and/or charges shall be maintained by the Water Department and shall be posted on the Water Department website following its approval.

B. The fees, rates and/or charges established pursuant to subsection A., above, shall go into effect on the date and time set forth by the City Council by resolution. If the City Council acts to approve a lesser increase for a given calendar year, such lesser increase shall be memorialized by resolution and such resolution shall be maintained by the Water Department and the City Clerk and shall be posted on the Water Department website.

(Ord. 2633A § 3, 2004: Ord. 2553 § 2, 2002; Ord. 2540 § 2, 2001; prior code § 7401.1)

(Ord. No. 2775, § 2, 7-19-2011; Ord. No. 2846, § 3, 11-12-2014; Ord. No. 2962, § 4, 12-17-2019)

A. In addition to any other water service related charges set forth under this chapter, each water customer who is provided with water service for private fire protection facilities shall also pay to the Water Department a monthly fire protection water service charge in accordance with a schedule of charges set forth by resolution of the City Council, but only after first complying with the applicable notice, hearing and other procedural requirements of Article XIIID, Section 6 of the California Constitution and the Proposition 218 Omnibus Implementation Act (Government Code, § 53750 et seq.) as either or both may be subsequently amended over time. The most recent resolution setting forth the schedule of fees, rates and/or charges shall be maintained by the Water Department and shall be posted on the Water Department website following its approval.

B. The fees, rates and/or charges established pursuant to subsection A., above, shall go into effect on the date and time set forth by the City Council by resolution. If the City Council acts to approve a lesser increase for a given calendar year, such lesser increase shall be memorialized by resolution and such resolution shall be maintained by the Water Department and the City Clerk and shall be posted on the Water Department website.

(Prior code § 7402)

(Ord. No. 2775, § 3, 7-19-2011; Ord. No. 2846, § 4, 11-12-2014; Ord. No. 2962, § 5, 12-17-2019)

A. The fees, rates and/or charges established pursuant to Section 13.04.020 through Section 13.04.040, above, may be automatically adjusted to reflect adopted increases or decreases in wholesale charges for water established by other public agencies, including, but not limited to, the Main San Gabriel Basin Watermaster, from which the city purchases water to the extent of such increases or decreases are not reflected in the schedule of charges then in effect.

B. Notice of any such adjustments for pass through costs shall be given in accordance with Government Code Section 53755 not less than thirty (30) days before the effective date of the adjustment by (1) including such notice in the monthly water billing statement to the relevant water customer and (2) mailing such notice to the record owner of the property as indicated on the last equalized assessment roll.

(Ord. No. 2846, § 5, 11-12-2014; Ord. No. 2962, § 6, 12-17-2019)

The billing procedures for the fees and charges authorized under this chapter shall be those set forth under Chapter 13.06 (Water Billing; Delinquencies and Disconnection of Service) of this title of the El Monte Municipal Code.

(Ord. No. 2968, § 3, 2-18-2020)

Editor's note— Ord. No. 2968, § 3, adopted Feb. 18, 2020, amended § 13.04.050 in its entirety to read as herein set out. Former § 13.04.050 pertained to billing and collections of water service commodity charges and water service meter base charges, and derived from an amendment during 1999 recodification; prior code § 7404; and Ord. No. 2846, § 6, adopted Nov. 12, 2014.

A. On and after February 1, 1997, a cash deposit shall be required as a condition to the delivery of water service for all new applicants for service as follows:

If the water service is located at a property with two (2) or more units, the deposit required will be equal to the number of units serviced by the meter multiplied by the rate for the size of the meter(s) at the property to a maximum deposit of one thousand dollars ($1,000.00).

B. Each customer who is shut-off from metered water service pursuant to Section 13.04.050(A) of this chapter shall as a condition of restoration of service, increase the water service deposit to equal their average Water Department bimonthly billing for the customer for the last six (6) cycles. If after one year, no other shut-off order has been executed on the customer, the amount of the deposit in excess of the applicable minimum balance specified in subsection A of this section will be applied as a credit to the next bimonthly billing statement.

C. Upon termination of service, the deposits, as specified in subsections 13.04.060A and B, if applicable, will first be applied towards the depositor's unpaid water account(s), then applied towards any other fees or charges due or payable to the city by the depositor by reason of any provision of the law or the El Monte Municipal Code. The balance of the deposits, if any, shall be returned to the original depositor after all fees or charges have first been paid to the city. All deposit refunds that are returned back to the city as undeliverable will be held for up to one year from the date of the warrant. After one year the warrant will be "void" and the deposit will be deposited to the water fund of the city. Thereafter, such deposit shall be refunded only upon written request, which is to be verified. In the event the request is made by someone other than the original depositor, satisfactory evidence of the person making the request to receive such deposit refund must be supplied. In no event shall interest be paid on any deposits refunded.

(Amended during 1999 recodification; prior code §§ 7405—7405.1)

Before water shall be supplied to any premises, the owner shall submit a written application to the Water Department to obtain such service and meter on a form provided by the Water Department. The Water Department will prepare an estimate of the cost of installing any improvements to the public water supply and/or water meter as necessary or appropriate in order to connect the customer to the public water supply system. As a condition to approving such an application and furnishing water to the premises, the Water Department shall require a payment of a water meter installation charge equal to the amount of the estimate, plus twenty (20) percent. In appropriate cases, and upon a finding as required Health and Safety Code Section 33445, the Agency may agree to assume a portion of the obligation of the owner to pay for such installation costs as the agency may, in its discretion, approve. For purposes of this chapter the capitalized term "agency" shall have the same meaning as set forth under Health and Safety Code Section 33003. Upon completion of the installation of the service and meter, the actual cost incurred by the Water Department will be confirmed and either the unused portion of the installation deposit will be refunded to the owner or the additional cost of installation in excess of the principal amount of the installation deposit billed to the owner. If the owner does not pay the Water Department the excess costs within thirty (30) calendar days, the delinquent balance will be billed to the owner, and the property as improved and benefitted by the improvements will be subject to a lien collection remedy which may be exercised by the Water Department in a manner authorized by law.

(Prior code § 7406)

(Ord. No. 2846, § 7, 11-12-2014)

A. Any person desiring water service at a location where a water meter is existing shall in person apply to the Water Records Office for water service at such property. Any owner of property in the city who has on file with the City Water Department a signed application for water service with respect to any property in the city may receive water service at other metered property in the city by requesting the same by telephone; provided, however, that if water service is thus rendered, pursuant to a telephonic request by a property owner, the owner of the property must, within ten (10) days after such commencement of service, file with the Water Records Office a signed application for water service for such property. If the owner has not made such written application within ten (10) days after service was thus commenced, the water meter shall be turned off and service discontinued to such property.

B. City Business License Required for Commercial Accounts. Any business or person desiring water service who is required under Title 5 of this code to have a city business license must first obtain a current city business license before an account will be activated and water service turned on. If a city business license is required and a current city business license is not maintained by the customer water service may be subject to turn off. (Amended during 1999 recodification; prior code §§ 7406.1, 7406.2)

A. Where the property is located in the area included in class "A" service as hereinbefore defined, and on a public street in which there exists no water main in front of the premises applied for, the Water Superintendent shall extend the nearest water main in the direction of said property, provided that in no instance shall an extension of any water main exceed one hundred (100) feet for any one applicant who has in all other respects complied with the requirements of this chapter, excepting that the Water Superintendent may estimate the cost of any extension in excess of the one hundred (100) feet provided by this chapter and upon payment by the applicant of the charges so estimated, same may be installed by the Water Department.

B. Whenever any tract or subdivision of land is hereafter laid out or made in the city by any person and any extension of water main or mains is required therein to serve the same, such person laying out or making said tract or subdivision shall pay one-half the cost of the installation of said water main or mains, plus the entire cost of all service connections; provided, that if the city determines that a main or mains larger than six (6) inches is required the city will pay that portion of the cost of such main or mains that is in excess of the cost of a six (6) inch main or mains, as the case may be. Such installation of water mains and service connections will ordinarily be made by the city, or the city may authorize the said person to make the installation, in which latter case said person making such installation shall submit to said city a verified statement showing in detail the cost of said installation. Upon the completion of such installation of any water main or mains said person making same shall execute to the city a good and sufficient bill of sale therefor and said water main or mains shall thereupon become the property of said city, provided further that any such water main or mains shall be of such quality and size as may be required by the Water Superintendent and shall be laid in accordance with the directions and under the supervision of the Water Superintendent.

(Prior code §§ 7407, 7407.1)

If a meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption at same season, as shown by the meter when in use and registering accurately.

(Prior code § 7408)

Any consumer may demand that the meter through which water is being furnished, be examined and tested by the Water Department, for the purpose of ascertaining whether or not it is accurately metering the volume of water which is being delivered through it. Such demand shall be made in writing to the Water Department, and shall be accompanied by a meter testing fee of fifty dollars ($50.00). Upon receipt of such demand, it shall be the duty of the Water Department to cause the meter to be examined and tested, for the purpose of ascertaining whether or not it is accurately metering the water being delivered through it. If on such examination and test the meter shall be found to register in excess of one and one-half percent more water than actually passes through it, another meter will be substituted therefore, and the fee of fifty dollars ($50.00) shall be repaid to the person making the demand, and the water bill for the current period adjusted in such manner as the Superintendent of the El Monte Water Department may deem fair and just. If the meter be found to register not over one and one-half percent fast, the fifty dollars ($50.00) deposit shall be forfeited to the city and the water bills paid as rendered.

(Prior code § 7409)

A. In all cases in which water is served to premises occupied by two (2) or more different and independent consumers of water, which premises are held under the same ownership, the owner or owners of such premises shall be and are required to provide for independent service to the curb line for each such independent consumer. Provided, however, that if the owner of such premises so served with water shall agree in writing to be responsible for and pay all money due for water used upon such premises, such independent service shall not be required. Should the owner or owners fail and refuse to provide such independent service and to assume responsibility for money due for water used upon such premises, the Water Department shall after thirty (30) days' notice to the consumers so served, and to the owner of such premises or the person in charge thereof, cut off the water from such premises until the independent services herein required are installed or the agreement assuming responsibility for money due for water served to the premises is made as herein provided.

B. No service connection shall be hereafter made for the purpose of supplying through a common service, two (2) or more independent consumers occupying premises held under the same ownership, unless said houses are on the same lot, or the property is what is known as a court, or apartment house or block covering more than one lot, and then only provided the owner or owners of such premises shall agree in writing to pay all charges for water served thereto.

C. No water shall be served to two (2) or more parcels of property separately owned through a common service pipe, unless there is no main contiguous to premises from which service may be had, and further unless the consumer first in order of service from the main shall in writing guarantee the payment of water rates for all parcels of property so served. The officers of the Water Department shall give thirty (30) days' notice in writing to all consumers served through such service before enforcing this section by cutting off water.

(Prior code § 7410)

All city water used on any premises where a meter is installed, must pass through the meter, except as provided in case of private fire services. No by-pass or connection between the meter and the main shall be made or maintained. Consumers will be held responsible and charged for all water passing through their meters.

(Prior code § 7411)

A. No person shall draw water from the city pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

B. 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 for at least twelve (12) hours into which the service pipe shall be discharged.

C. No person shall wilfully waste water in any manner whatsoever. No consumer shall permit leaks in water pipes or plumbing fixtures on his or her premises.

(Prior code § 7412)

If, in the judgment of the Water Superintendent the placing of an approved check valve on the property side of a water meter is considered necessary for the safety of the water system, such approved check valve shall be immediately installed at the expense of the consumer, after due notice in writing has been given to the consumer by the said Water Superintendent.

(Prior code § 7413)

No person shall use or operate any hydrant or other valves installed on any water system intended for fire suppression purposes and which is accessible to any public highway, alley or private way open to or generally used by the public, unless such person first secures a permit for use from the water company which supplies the water to the hydrant or valve. This section does not apply to the use of a hydrant or other valves by a person employed by and authorized to make such use by the water company which supplies water to such hydrants or other valves. No person shall use or operate any such hydrant or valve unless the same is first equipped with any eddy valve supplied by the Water Department. For the use of such eddy valve, the permit applicant shall pay a fee of ten dollars ($10.00) plus one dollar ($1.00) per day rental fee. Any hydrant or valve for which a permit is requested shall prior to its use by the permittee, also be equipped with a water meter furnished by the water company supplying water the hydrant or valve. The permit applicant shall pay a fee of twenty-five dollars ($25.00) water usage plus all water measured by such meter at the rate established by the supplying water company for use of water from such a source. In addition thereto, the applicant shall deposit with the city the sum of five hundred dollars ($500.00), as security for the return of the eddy valve to the city in satisfactory condition, and also as security for the payment to the city for the cost of repairing any damage to a fire hydrant or a valve caused by the permittee in the use thereof or in the installation or removal of the eddy valve. From the amount of such deposit, the city shall first deduct any unpaid fees for the use of the eddy valve; the city shall next deduct from such security deposit the cost of repairing the fire hydrant or valve damaged by the permittee in the use thereof or in installing or removing the eddy valve, the city shall then deduct the cost of the water metered. After all proper deductions, the balance of any deposit, if any, shall be returned to the depositor. Any amount in excess of the deposit will be billed to the permittee and shall be due upon demand. (Added during 1999 recodification as prior code § 7414.1)

Any request for fire hydrant flow forms or testing to be completed by the water department personnel within the city's Water Department boundaries is subject to a one hundred dollar ($100.00) fee. (Added during 1999 recodification as prior code § 7414.2)

No consumer shall supply water to any person other than the occupant or occupants of the premises of such consumer.

(Prior code § 7415)

A. Inspectors, foremen and employees of the Water Department whose duty it may be to enter upon private premises to make inspection and examination of the pipes, fixtures or attachments used in connection with the water supply, shall be provided with a badge or other credentials to identify them as authorized agents for the Water Department.

B. Any officer, inspector, foreman or other authorized employee of the Water Department shall, upon presentation of his badge or other credentials provided for in subsection A of this section, have free access at all reasonable hours to any premises supplied with city water for the purpose of making any inspection of the entire water system upon said premises.

C. In case any authorized employee be refused admittance to any premises, or being admitted shall be hindered or prevented from making such examination, the Superintendent of the El Monte Water Department may cause the water to be turned off from said premises after giving twenty-four (24) hours' notice to the owner or occupant of said premises of his or her intention so to do.

(Prior code § 7416)

A. All water pipes laid in the streets shall become the property of the city.

B. No person shall sell water for domestic purposes within the city without having first obtained permission so to do from the Council.

(Prior code § 7417)

The Main San Gabriel Valley Water Basin is a groundwater basin and domestic water supply resource which has been identified by the United States Environmental Protection Agency as a contaminated site which is eligible for expenditures of public funds for purposes of responding to contamination damages under the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (CERCLA). The city is also a party to certain judgments regarding the management and administration of groundwater rights among water producers in the Main San Gabriel Valley Water Basin including Los Angeles County Superior Court Case Nos. 722647 and 924128. Pursuant to these judgments and applicable state and federal law and sound groundwater management practices, the city may be required or compelled to make certain payments, contributions or expenditures of funds as a water producer as part of certain groundwater clean-up efforts. In the event that the City Council may find and determine that a charge or assessment for such purposes is necessary or appropriate, each water customer of the City Water Department shall be subject to such a charge or assessment in an amount as provided by resolution of the City Council. Such a charge or assessment as may be levied by resolution of the City Council, shall be collected in accordance with Section 13.04.050 and shall be identified on each bill for water services as a separate amount which is in addition to the service charges and fees as may be payable under other provisions for this chapter.

(Prior code § 7420)