Fillmore Municipal Code Ch. 16.05 Appeals and Remedies

Any meter installed that serves more than one residential unit, commercial, manufacturing, industrial or other service is the sole responsibility of the user. The user shall make application for water service and is responsible for payment of the monthly water service charges.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Any new multiple unit development in a single building containing ten or less dwelling units applying for a building permit shall be required to individually meter each unit. Any new multiple unit development in a single building containing more than ten dwelling units applying for a building permit may be required to individually meter each unit or may be required to install a single master meter, as determined by the public works director.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

The below procedures apply to individually metered detached single-family dwellings, multi-unit residential structures and mobile home parks where the property owner or manager is the user and is responsible for payment of the water bill.

(1) Required Notice: At least ten calendar days prior if the property is a multi-unit residential structure or mobile home park, or seven calendar days prior if the property is a detached single-family dwelling, to the possible discontinuation of water service, the city must make a good faith effort to inform the tenants/occupants at the property by written notice that the water service will be discontinued. The written notice must also inform the tenants/occupants that they have the right to become customers to whom the service will be billed, without having to pay any of the then delinquent amounts.

(2) Tenants/Occupants Becoming Customers: The city is not required to make service available to the tenants/occupants unless each tenant/occupant agrees to the terms and conditions for service and meets the city's requirements and rules. However, if one or more of the tenants/occupants assumes responsibility for subsequent charges to the account to the city's satisfaction; or there is a physical means to selectively discontinue service to those tenants/occupants who have not met the city's requirements, then the city may make service available only to those tenants/occupants who have met the requirements.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Persons authorized to turn-on, turn-off or repair city water or sewer facilities are members of the maintenance department of the city, or persons authorized by the public works director or his or her designee. Damages to any meter, line, valve or fittings, etc. will be charged to the party or parties inflicting such damage at the actual cost of materials, supplies and the FAHR for labor plus administrative costs based on an amount as may be set by resolution of the city council.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Any service call for temporary water turn-offs after 5:00 p.m. on weekdays, or at any time on weekends or holidays will be charged to the user at the actual cost of materials, supplies and FAHR for labor for a minimum of two hours plus administrative costs based on an amount as may be set by resolution of the city council. The water department is responsible for repairs to the mains and lines from the mains to the meter serving the property. The user is responsible for any repairs of any lines or connections occurring from the meter onto private property.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Users who plan to repair plumbing on weekends or holidays may rent a meter turn-off key for the water meter from the water department for an amount as may be set by resolution of the city council plus refundable deposit when the key is returned. Repairs to any damage to the meter or lines will be charged to the user at the actual cost of materials and supplies and FAHR for labor plus administrative costs based on an amount as may be set by resolution of the city council.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

A developer is responsible for the applications for service and deposits for all new meters installed to serve the development until the individual units are sold. The developer's responsibility terminates when the new owner signs up for service with the water department. After the developer's closing bill has been paid, any remaining deposit will be refunded.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

If a user's water meter stops registering properly or stops altogether due to age or damage, etc., an estimated water charge shall be made based upon the user's average water consumption for the previous twelve months, but shall not be less than the then current monthly minimum water charge for the user's meter size.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

The connection installation fee shall be due and payable at the time the request for meter installation is made. Persons who install meters other than by the public works department shall pay the connection fee at the time the request for water service is made or a building permit is issued, whichever is requested first. Water service will not be made to any property until connection installation fees are paid in full unless the meter installation is performed by a private contractor. Meters installed by other than the city shall be approved by the city prior to installation.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Any lot or parcel currently being provided water by the city, that either requires or requests a larger meter or an increased number of meters, shall pay the water development impact fee (DIF) in the amount equal to the difference between the current water DIF charged for the size of meter servicing the property and the size of the meter(s) required or requested. The prorated water DIF shall be based on the fee structure as set forth in the development impact fee resolution in effect at the time of the request for increase. These fees shall be paid before the installation of any new meters.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Whenever a consolidation of one or more than one meter on any lot or parcel is required by remodeling, construction or improvement to the water service, it shall be assumed that the property owner has paid a connection fee for each meter based on the size of the meter or meters then existing. A non-negotiable water DIF credit will be issued to the property owner in the amount of the assumed water DIF of the meter(s) removed, as determined by the city manager, for his/her future use on the property should the water DIF for the new meter(s) installed be less than the assumed water DIF of the meter(s) removed. There shall be no cash refund of any water DIF credit.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

A non-negotiable water DIF credit will be issued to the property owner in the amount of the assumed water DIF of the meter(s) removed, as determined by the city manager, for his/her future use on the property when any meter(s) is requested to be removed by a user or authorized manager of any property. If a meter is required at a future date, a water DIF shall be due and payable at the then current water DIF rate minus any credit that may exist for a previously removed meter. There shall be no cash refund of any water DIF credit.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)

Any builder, subdivision developer or other person installing all or part of a water system to be dedicated to the city shall, not later than thirty calendar days prior to the dedication and acceptance furnish the city manager with an acceptable detailed "as built" plan of the completed works. Approval must be obtained from the city prior to any such installation. The "as built" plan shall include a statement of the costs of the works as installed, itemized to show separately the cost of pipeline of each size and quantity installed, fittings, valves, traps, filters, and other fixtures and an itemization of the cost of installation.

(Ord. No. 19-922, § 4(Exh. A), 1-14-2020)