Chapter 13.08 — WATER SERVICE REGULATIONS

State Law reference— For statutory provisions on municipal water systems, see Gov. Code §38730 et seq.

There is adopted "water service regulations" of the city which shall be governed by state and federal laws pertaining thereto, the ordinances, policies and resolutions established by the city council, and procedures designated by the city manager.

(Ord. 313 §1, 1974)

For the purpose of this chapter:

A.

"Consumer" means any person, firm, public or private corporation, all governmental agencies and departments, and every officer, agent and employee thereof during the course of his employment, who uses, or is entitled to use, water from the city.

B.

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

C.

"Finance director" means the finance director of the city.

D.

"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 an integral parcel of land.

E.

"Service connection" means the pipeline extending from the city's water main, whether located in a public thoroughfare or private right-of-way, to the curb line or property line of the consumer's premises, together

with the valves, meter and fittings necessary to connect to the consumer's private pipeline.

F.

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

(Ord. 313 §2, 1974)

Before water shall be supplied to any premises, application by the owner, tenant, or agent of the property shall be made to the finance director for the proper service and stating the official building number and street to be served and any other information that may be required, including any necessary information to establish the credit of the applicant; thereupon service connection shall be made at the nearest distribution main by the department, but only after the charges provided for in this chapter have been paid.

(Ord. 313 §4, 1974)

A.

Vacant Premises. Each consumer about to vacate any premises supplied with water service by the city shall give advance notice of his intended removal to the finance director, specifying the date service is desired discontinued; otherwise, he will be held responsible for water service furnished to such premises until the finance director shall have notice for such removal.

B.

Right to Discontinue Service.

If water charges are not paid by the last day of the month presented, the water service shall be shut off after notice form the finance director. All arrearages and fines shall be paid before the service can be restored to the same consumer at the same address or at a new address.

If a consumer or owner fails to comply with the provisions of this chapter or the regulations of the city after five days notice thereof, the finance director may forthwith direct the department to discontinue water service to such consumer or owner until full and complete compliance is obtained.

Any person who, as owner or tenant of any premises, fails, refuses, or neglects to equip and maintain the premises with plumbing of such character, quality and design as to assure that water will be disposed of into a disposal system acceptable to the city, shall, five days after being served by written notice of such

intention, have all water service discontinued pending such improvements, unless within the time all of the required improvements have been completed.

Any person who wastes, causes, permits, or allows to be wasted any water in any cooling system, ornamental fountain, or other device of any kind whatsoever, may after service of five days' notice of intention have all water service discontinued, unless within the time all of the specified changes or improvements have been completed.

Any person who, as owner or occupant of any premises, refuses admittance to, or hinders or prevents inspection by an authorized employee of the department, after service of twenty-four-hour notice of intention, may have all water shut off.

C.

Unlawful Restoration of Service. No person 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 department.

D.

Restoration of Service. On failure to comply with regulations of the city or to pay rates, or to pay any charge or penalty imposed for such failures as provided in this chapter, the finance director shall notify the department, which shall immediately without further notice shut off the water from the premises until the regulations or the penalties are complied with and/or payment is made of the amount due, if any, and upon payment of a charge for the expense of turning the service off and on, to be known as a reconnection charge and to be established from time to time by resolution of the city council. In the event the consumer turns on the water service or suffers or causes it to be turned on after it has been turned off for any of the reasons provided for in this chapter, the department may again turn off the water service, remove the meter, and the finance director shall charge and collect a penalty to be established from time to time by resolution of the city council in addition to other amounts due from the consumer before water service is restored. In case the consumer's service is discontinued or nonpayment of a bill for service, the finance director may require the consumer to reestablish his credit by the making of a cash deposit for utility services, in an amount to be determined by resolution of the city council.

(Ord. 313 §9, 1974)

A.

For the supplying of all consumers, water shall be measured through meters, installed by the department at the expense of the consumer, and future rates shall be fixed and determined by resolution of the city council.

B.

Capital Improvement of the Water System. For utilization of revenue collected from the minimum monthly rate, one dollar of the basic rate collected on each unit shall be placed in a separate account to be utilized only for capital improvement of the water system.

C.

As established January 1, 2010, and adjusted per authorized CPI Index increases the water service charges are as follows:

Twenty dollars and sixty-five cents per month minimum charge for usage not exceeding one thousand five hundred cubic feet of water for single-family residences;

Twenty dollars and sixty-five cents for per month minimum charge for usage not exceeding one thousand five hundred cubic feet of water for commercial and industrial business establishments, churches and fraternal organizations, per unit or office;

Nineteen dollars and fifty cents per month per unit minimum charge for usage not exceeding one thousand two hundred fifty cubic feet of water per unit, for multiple residences, trailer courts, or parks, and hotel or motel units made into permanent residences, if more than one unit is on one meter;

Nineteen dollars and fifty cents per month for the first unit, plus six dollars and eighty-eight cents per month for each additional unit minimum charge for usage not exceeding one thousand cubic feet of water per unit for transient motels or hotels;

Every single-family residential, multifamily residential, church and fraternal organization per unit or office which exceeds the applicable minimum monthly usage shall be charged an additional one dollar and twenty-seven cents per hundred cubic feet;

Every commercial (non-residential) and industrial business, per unit office which exceeds the applicable minimum monthly usage shall be charged an additional one dollar and twenty-seven cents per hundred cubic feet.

D.

Future rate adjustments shall be established, from time to time, by resolution of the city council, and shall supersede the rates set forth in this section.

E.

The provisions of this section shall not prohibit the city council from entering into contracts with a business, industry or governmental agency to supply water, water service and all things pertaining to the furnishing of water to such agencies at rates different than those otherwise set forth or established.

F.

No Rebate Until Notified. No allowance or rebate shall be made in the water rate charged against any premises so long as the water remains connected therewith, and the full rate shall be charged against any and all property or premises as specified in this chapter until the finance director has been notified by the owner or consumer to shut off the water therefrom.

G.

Standby Service. Standby service charges may be set from time to time by ordinance of the city council.

H.

Vacant Dwellings. In case premises become vacant, the regular minimum rates shall be charged and no refund or discount shall be made until the finance director has been notified by the owner or consumer to shut off the water.

(Ord. 313 §3, 1974; Ord. 557 §1, 1996; Ord. 501 §1, 1990; Ord. 600 §1, 2002; Ord. 630 §1, 2005; Ord. 648 §1, 2007; Ord. 679 §2, 2015)

A.

Any person desiring to connect to the water mains of the city waterworks must obtain a permit from the city clerk and must pay the connection fee established from time to time by an ordinance of the city council adopted pursuant to this section.

B.

Any person connecting to the water mains of the city waterworks shall pay the capital improvement fee established from time to time by an ordinance of the city council adopted pursuant to this section.

C.

Any person having a fire protection sprinkler system connected to the waterworks of the city must pay the annual fire protection fee established from time to time by an ordinance of the city council adopted pursuant to this section.

(Ord. 313 §3.1, 1974; Ord. 394 §1, 1978; Ord. 423 §1, 1980; Ord. 501 §2, 1990)

In order to secure the payment of water rates from a person, firm, or corporation desiring to become a consumer who is not the owner of the premises upon which the services are to be furnished, the finance director, before any service is furnished, is authorized in his discretion to demand and receive from such

person, firm, or corporation a cash deposit in an amount within the guidelines established by the city council.

(Ord. 313 §5, 1974)

All water rates are due and payable monthly for the preceding month on presentation. The person making application for water service shall be held responsible for the payment of the water rates for the water used upon the premises. All charges and penalties which are not paid shall be turned over for collection.

(Ord. 313 §6, 1974; Ord. 591 §1, 2001)

The finance director may, subject to the approval by the city manager, adjust bills, and in the event any dispute as to a charge to a consumer occurs, the finance director may determine the same; provided, however, that all persons affected shall have the right to appeal such determination to the city council, and the decision in respect thereto shall be final and conclusive as to all parties.

(Ord. 313 §7, 1974)

Any bill which is not paid on or before ten days after presentation is delinquent and shall be subject to collection by the finance director, and a collection fee in an amount to be set from time to time by resolution of the city council shall be imposed.

(Ord. 313 §8, 1974)

A.

Meter Testing. In case of dissatisfaction with the registration of any meter, the consumer shall make a written complaint to the finance director, together with the deposit to be established from time to time by resolution of the city council, which sum will be returned and the water bill adjusted in an equitable manner in case the meter shall be found to register over three percent more than actually passes through it. If the meter is found to be accurate within three percent, the deposit shall be forfeited to the city and the water bill paid as rendered.

B.

Meter Failure. 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 according to the season, as shown by the meter when in use and registering accurately.

C.

Installation and Maintenance of Meters and Laterals. The department shall determine charges for the installation and perpetual maintenance of meters and service laterals. Upon the filing with the department of an application by a property owner and the payment to the finance director of the required charge for a meter, the department will make a connection for the property owner to the city water main, the connection shall be laid to the inside of the curb line in front of applicant's property or the side or rear of the same, provided there is a city main passing along the street in front of or at the side of or at the rear of such property. Where there is no water main in front of, at the side of or to the rear of applicant's property, the applicant shall install at his own expense.

D.

Meter as City Property. All services and all water meters installed by the department shall, at all times, remain the property of the city. The expense of maintenance, repair and renewal of such meters due to the wear of normal service shall be borne by the city; provided, however, any expense occasioned by any act, careless or otherwise, on the part of the consumer or any member of his family, or any person in his employ shall be charged to such consumer.

E.

Unlawful to Tamper with Meter or Break Seals. No person shall tamper with, remove, cause, permit or allow to be tampered with or removed, any meter where the same has been attached to any service; or break, cause, permit, or allow to be broken any meter seal. If such tampering or breaking occurs, the department shall inform the finance director, who shall impose a penalty and order the removal of the meter; the penalty to be established from time to time by resolution of the city council.

F.

Bypass Connections Unlawful. Any bypass or connection around the meter between the service and the main is prohibited. All water used, except as provided in Section 13.04.140, shall pass through the meter.

G.

Unlawful to Cover Meter Box. It is unlawful at any time to cover meter boxes with trash, rubbish, dirt or other foreign matter, to permit ivy or other shrubbery to grow over meter boxes, or to park automobiles or other vehicles over meter boxes.

(Ord. 313 §10, 1974)

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

(Ord. 313 §11, 1974)

A.

Supplying Another Person. No service connection for water shall be made for the purpose of supplying, through a common service, two or more consumers unless all of the premises belong to the same owner and are located on the same lot, or the property is what is known as an apartment hotel, court apartment or mobile home park, covering more than one lot; and, then only, provided the owner or operator of such premises guarantees payment of all bills for water and water services.

B.

Proper Disposal, Wastage of Water. As provided in Section 13.08.040(B)(3), water shall be disposed of into an approved legal disposal system. No person shall waste any water in any device of any kind as provided in Section 13.08.040(B)(4).

C.

Pressure Regulators, Check Valves, Syphon Breakers and Pressure and/or Temperature Relief Valves. If and when the safety and protection of the water system or any appliance thereof so requires, either an approved pressure regulator, check valve, syphon breaker or pressure and/or temperature relief valve shall be installed immediately by the consumer, and at his expense on the property side of the consumer's water meter and with the appliance or equipment as required by the department to effectively serve the purpose intended.

D.

Use Restriction. The use of water for sprinkling, wetting, construction, or industrial purposes may be restricted if and when such consumer's water usage is contrary to the public safety and welfare.

E.

In Case of Fire. In case of a fire in the city within reach of the water system, all standpipes, fireplugs, hose connections, faucets and other outlets to such system in the immediate area of the fire shall be subject to the direction of the fire chief and shall be promptly closed, except such as may be used in quenching the fire and preventing the spread of the same, and shall be kept closed until such fire is extinguished. In addition, it shall be the responsibility of the department to divert, reroute, pump and otherwise provide the necessary water supply to suppress said fire.

(Ord. 313 §12, 1978)

A.

Subdivider to Install Approved Water System. For new subdivisions approved by the city council, the subdivider shall install at his own expense and charge for a domestic water system approved by the department. After the water system has been completed and attached to the water mains and accepted by the department, the ownership thereof shall be with the city. In general, the water system to be installed by the subdivider shall consist of water mains to meet present or future city standards, properly joined in accordance with the best modern practice. The water system shall include fire hydrants meeting all current and future standards of design and spacing. In addition, service laterals shall be extended to meter location

to meet present or future city standards. Installations of all mains, valves, hydrants, service laterals, or any other facilities that will be connected to and become a part of the city water system, after acceptance by the department, shall be installed pursuant to the department's current standard specifications.

B.

Use of Service Connection when Property is Subdivided. When property provided with a service connection is subdivided, the service connection shall be considered as belonging to that part of the lot or parcel of land which it directly enters.

(Ord. 313 §13, 1974)

A.

Permit Needed to Use. Any person intending to take water through, from, or by means of any fire hydrant in the city shall first make and file with the department an application showing the hydrant or hydrants through, from or by means of which, and the time or times at which he intends to take such water or to use the hydrant or hydrants. Such application shall also contain such other information as may be required therein by the department. Permits are good only for the hydrant or hydrants for which they are issued. Permits are not transferable. Permits may be refused any person who may be indebted to the city for water theretofore served and not paid for, or whose use of water through hydrants installed primarily for fire service is deemed by the department to be against public interest.

B.

Unlawful Use. It is unlawful for any person to take water through, from, or by means of any fire hydrant in the city without a valid permit therefor, issued as provided in this chapter, or to take water through, from or by means of, or to use any such fire hydrant at any time other than that for which such permit was issued, or in violation of any reasonable terms and conditions fixed therein.

C.

Fees and Rates for Use. The cost of the permit and the charges for water through the fire hydrant shall be set from time to time by resolution of the city council.

D.

Proper Use. Any person using or taking water through, from, or by means of any fire hydrant in the city shall, upon turning such hydrant off, carefully close the valve or valves upon such hydrant so that the same and each and all thereof shall be in good working order, and shall remove any hose or hose connections attached to such hydrant. Any person so taking water through, from or by any means of or using any such hydrant shall accurately fit the valve stem or cap thereof; and it is unlawful for any person to apply to and use upon the valve stem or cap any wrench which does not so fit the valve stem or cap to which applied.

E.

Unlawful to Damage. It is unlawful for any person to injure or damage any fire hydrant in the city.

F.

Unlawful to Leave Refuse. It is unlawful for any person to make or leave or to permit to be made or left any dirt, refuse or other obstructions on any public street or alley within twenty feet of any fire hydrant in the city; provided, however, that nothing in this section shall apply to any obstruction necessarily made by reason of any work of street improvement ordered by the officers of the city.

(Ord. 313 §14, 1974)

Any authorized employee of the department, on official business, shall be allowed free access at all reasonable hours, to any premises supplied with city water.

(Ord. 313 §15, 1974)

The city council may from time to time by resolution change any charges, fees, fines and/or penalties provided for in this chapter, or by such resolution establish any charges, fees, fines and/or penalties which are not referred to in this chapter, but which may be applicable to other provisions of this chapter.

(Ord. 313 §17, 1974)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by being imprisoned in the county jail for not more than thirty days, or by fine of not more than three hundred dollars, or by both such fine and imprisonment.

(Ord. 313 §16, 1974)