Fresno Municipal Code Art. 5 Water Regulations

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 3 of Chapter 1 of this Code shall also govern the construction, meaning and application of words and phrases used in this article. The definition of each word or phrase, shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Air Conditioning system" or "refrigeration system" means any combination of equipment, whether compressor or other type, by which heat is removed from the air and from which the accumulated heat is wholly or partially removed by the use of water.

(c) Repealed.

(d) "Approved check valve" means a check valve that seats rapidly and completely, which valve has been approved by the Underwriters' Laboratories or by the Foundation for Cross-Connection Control Research at the University of Southern California. It must be carefully machined to have free moving parts and assured water tightness. The face of the closure element and valve seat must be bronze composition, or other non-corrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze or other non-corrodible, non-sticking material, machined for easy, dependable operation. The closure element (e.g., clapper) shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all size where this feature is obtainable.

(e) Repealed.

(f) Repealed.

(g) Repealed.

(h) Repealed.

(i) "Completion" means acceptance, in writing, by the Director for maintenance of an addition to the city water system.

(j) "Commercial" and "business" uses shall include, but not be limited to, offices, merchandising and industrial uses, and residential uses on premises where there are two or more dwelling units.

(k) "Connected" means the physical joinder to the city water system of any plumbing, water supply, or fire protection system on any parcel.

(l) Repealed.

(m) "Director" means the Director of Public Utilities.

(n) "Dry-well" means a drainage installation for an air-conditioning, refrigeration, or precooling system. Such wells shall be of sufficient diameter and depth so as to provide adequate volume for the efficient disposal of the discharged water from said system in a safe and sanitary manner. "Dry-well," as defined and used in this article, shall not be construed to be in conflict with "drainage wells" as defined and used in Chapter 9, Article 6, of this Code.

(o) "Dwelling Unit" or "living unit" means a room or suite of rooms which is occupied by one family for living and sleeping purposes, including a single-family residence, mobile home unit, apartment, town house, flat or condominium.

(p) "Corner Lot" (for the purpose of computing Frontage Charges) means a lot which fronts on two streets in which there are existing mains or planned future mains from which service could be rendered, and for which no contribution on behalf of the lot has been made to the cost of construction of the mains.

(q) Repealed.

(r) Repealed.

(s) Repealed.

(t) "Parcel" or "lot" means each separate parcel shown on the latest equalized assessment roll of the county.

(u) "Precooling system" means an installation where water is used through a heat exchanger to add heat to air, or remove heat from air.

(v) "Premises" or "property" means a tract of real property, including adjoining lots or parcels under the same ownership or control and the improvements thereon, which is determined by the Controller to be a single unit for purposes of receiving, using, and paying for water services.

(w) "Private swimming pools" means any pool or other outside body of water eighteen or more inches in depth at any point, the volume of which is not less than one hundred cubic feet, and is designed for swimming, wading, or bathing purposes.

(x) "Refrigeration system" means an installation for maintenance, by heat removal, of temperatures which are less than sixty degrees Fahrenheit.

(y) Repealed.

(z) "System" means any combination of apparatus, including individual units, or a group or collection of units, supplied with water from any source.

(aa) "Customer" means a person who is, or who has agreed to be, responsible for the payment of water service charges or fees. The term is synonymous with "account" against which such charges and fees are assessed and billed.

(bb) "Developed" means improved by the construction of a building, structure or facility which is connected to the city water system or any driveway or structure accessory thereto.

(cc) "Irrigated" means used for the growing of any form of vegetation or plant life during any part of the calendar year.

(dd) "Water Rate Review Committee" means a committee composed of the Mayor, Chief Administrative Officer, and City Attorney of the City.

(ee) "Transmission grid main" means a portion of a network of large (14 inch diameter or larger) water mains lying generally at one-half mile intervals, which in the judgment of the Director serves primarily to transmit water from supply wells and surface water treatment facilities to the distribution system of mains which supply water to individual properties, or which serves to interconnect the supply wells. Service connections may be made to transmission grid mains but all water mains fourteen inches in diameter or larger are not necessarily transmission grid mains. The Director shall maintain in his office a map of the transmission grid main network, which shall be revised from time to time to show necessary additions to and deletions from the network.

(ff)—(hh)

Reserved.

(ii) "Domestic" means any water use other than that defined in subsection (cc).

(jj) "Service" or "Service Connection" means that condition of any premises whereby it is connected to or receiving water from the city water system.

(kk) "Unit" means any of the following:

(1) "Dwelling Unit" or "living unit" for residential uses.

(2) "Living unit equivalent" for office, commercial, industrial, institutional, or other similar uses as determined by the Director.

(ll)—(oo)

Reserved.

(pp) All connection to the water system shall be metered, and "living unit equivalent" means each metered connection to the city water system shall be converted to an equivalent number of one-inch water meters for the purposes of computing water capacity fees. The conversion factors for equivalent one-inch meters shall be as defined by the American Water Works Association, Manual of Water Supply Practices M6.

(qq) "Demand per unit" means a projected water demand of 2.12 gallons per minute per unit, and 1.51 gallons per minute per unit, for single-family residential projects and multi-family residential projects, respectively. The per unit water demand factors shall be used for the purposes of calculating peak hour water demands for single-family and multi-family residential development projects.

(rr) "Water Supply Facility" means a groundwater well; facilities to collect, treat, and distribute surface water; storage facilities to collect and store groundwater or treated surface water: transmission grid mains to distribute groundwater or surface water; other infrastructure related to production and distribution of water supply; or recharge facilities used to restore the groundwater aquifer.

(ss) "Frontage Charge" or "Frontage Fee" means a fee charged against the property for the right to connect to a public water main where the property has not participated in the cost of constructing said line.

(tt) "Water Capacity Fee" means a fee for the right to connect to the City water system, said fee to be used to cover the costs of water facilities that are of proportional benefit to new growth, including the redevelopment of properties with existing service connections.

(uu) "Service Connection Charge" or "Service Connection Fee" means a fee to install a new or replacement service connection, equal to the cost of labor (including overhead), equipment and materials, including the meter where applicable.

(vv) "Excessive Water Use" means, for customers in single-family residences or multi-unit housing in which each unit is individually metered or sub-metered, using potable water in excess of the maximum gallons per hour, depending on the City's current Water Shortage Contingency Plan stage, during days or hours when outdoor irrigation is prohibited, more than one day during the monthly billing period, as recorded by the City. The maximum gallons per hour are: Stage 1 - 400 gallons per hour recommended, Stage 2 - 400 gallons per hour, Stage 3 - 350 gallons per hour, Stage 4 - 300 gallons per hour.

Editor's note— Am. Ord. 2017-56, § 1, effective November 19, 2017, amended the Code by adding a new subsection 6-501(tt). In order to prevent duplication of section numbers, the new subsection was relettered as 6-501(vv) at the discretion of the editor.

(ww) "Outdoor Water Use Schedule" means the schedule setting forth what times and days irrigation or sprinkling of any yard, ground, premise, or vegetation or otherwise applying water outdoors on a property is permissible, as set forth in the City's adopted Water Shortage Contingency Plan.

(Orig. Ord. 4614; Am. Ord. 4891, 1956; Ord. 5262, 1958; Am. Ord. 5311, 1958; Ord. 5686, 1960; Ord. 5722, 1960; Am. Ord. 6516, 1964; Am. Ord. 6827, 1966; Am. Ord. 6882, 1966; Am. Ord. 70-3, 1970; Am. Ord. 70-13, 1970; Am. Ord. 72-2, 1972; Ord. 73-120, § 2, eff. 8-16-73; Am. Ord. 73-154, § 1, eff. 10-18-73; Am. Ord. 75-47, §§ 1, 2, eff. 7-3-75; Am. Ord. 75-73, § 1, eff. 7-3-75; Am. Ord. 78-108, § 1, eff. 7-28-78; Am. Ord. 82-22, § 3, eff. 3-19-82; Am. Ord. 85-38, § 3, eff. 4-12-85; Am. Ord. 89-75, §§ 1, 2, eff. 6-7-89; Am. Ord. 90-2, §§ 2—6, eff. 1-8-90; Am. Ord. 91-52, § 1, eff. 6-14-91; Rep. and Added Ord. 91-62, § 1, 2, eff. 6-29-91; Am. Ord. 92-103, §§ 1—3, eff. 1-15-93; Am. Ord. 93-20, § 1, eff. 4-30-93; Am. Ord. 94-86, § 2, eff. 10-21-94; Am. Ord. 94-108, § 2, eff. 12-30-94; Am. Ord. 95-4, §§ 11—17, eff. 3-19-95; Am. Ord. 95-38, § 13, eff. 6-9-95; Am. Ord. 2002-3, §§ 1—6, 2-11-02; Am. Ord. 2017-19, § 8, eff. 6-18-17; Am. Ord. 2017-56, § 1, eff. 11-19-17; Am. Ord. 2019-011, §§ 1, 2, eff. 5-31-19; Am. Ord. 2023-019, § 2, eff. 7-15-23).

All billing for and collection of water service charges shall be handled as provided in this article and Article 11 of Chapter 6 of this Code.

(Rep. and Added Ord. 70-3, 1970; Am. Ord. 2017-56, § 2, eff. 11-19-17).

The Director may make such rules and regulations, consistent with the provisions of this article, as may be necessary or desirable to aid in the administration or enforcement of the provisions hereof.

(Added Ord. 73-120, § 3, eff. 8-16-73).

(a) All service connections shall be metered except those used exclusively for fire protection service.

(b) All services other than those designated in (a) above shall be provided flat [rate] service unless the owner thereof elects to be metered.

(c) Water drawn from a flat rate fire hydrant for purposes other than fighting fires shall be metered whenever the Water Division determines it is practical to do so. When metering is deemed impractical, the Water Division shall estimate the amount of water used and such estimate shall be conclusive. In either event, such water shall be billed and paid for at the metered rates specified in the Master Fee Resolution by authority of Section 6-505(c). Water utilized for the miscellaneous purposes specified in Section 6-505(b), however, may be billed and paid for at the rates specified therein at the option of the customer.

(Added Ord. 73-120, § 3, eff. 8-16-73; Am. Ord. 80-115, § 141, eff. 8-8-80; Am. Ord. 83-57, § 1, eff. 6-17-83; Am. Ord. 85-22, § 4, eff. 3-22-85; Am. Ord. 88-139, § 1, eff. 12-9-88; Am. Ord. 89-3, § 1, eff. 2-3-89; Am. Ord. 89-74, §§ 1, 2, eff. 6-7-89).

(a) Residential Flat Rates. The rates applicable to water service furnished on a flat rate basis for residential use shall be designated in the Master Fee Resolution. Where only a portion of any premises is developed or irrigated, there shall be no charge for that area in excess of 9,000 square feet which is neither developed nor irrigated.

(1) It shall be conclusively presumed that each premises is fully developed or irrigated unless the customer establishes, by affidavit filed with the Controller on a form furnished by him, that a given portion of such property is neither developed nor irrigated.

(2) The Controller may compute the charge to be paid for that area in excess of 9,000 square feet upon the basis of an affidavit filed by the customer, or upon the basis of any information within his possession derived from any other source. The Controller or his representative shall have the right of ingress to and egress from the customer's premises at all reasonable times for the purpose of making such computation, and shall make no deduction for any customer who refuses same.

(3) Any person aggrieved by any decision of the Controller fixing a charge for premises in excess of 9,000 square feet may appeal said decision to the Water Rate Review Committee, which is hereby created, within ten days of the date such decision is mailed or otherwise delivered to him.

(i) The committee shall select from its members a chairman who shall serve at its pleasure.

(ii) Any member of the committee may deputize in writing, filed with the committee, any member of his office or, in the case of the Mayor, a member of the Council, to serve in his place on such committee for such period as he may desire.

(iii) A majority of the committee shall constitute a quorum.

(iv) The committee shall be deemed to be in the office of the Chief Administrative Officer and shall meet and keep its files in his office. All appeals to the committee shall be filed in such office.

(v) The committee shall prescribe such forms, rules or regulations relating to appeals or appeal hearings as it deems necessary, and may receive such evidence or make such investigations as it deems proper.

(vi) The committee may affirm, modify or reverse any decision of the Controller pertaining to any charge for premises in excess of 9,000 square feet. The decision of the committee shall be final.

(b) Miscellaneous Flat Rates. The rate applicable to miscellaneous water service furnished on a flat rate basis for other than residential use shall be designated in the Master Fee Resolution.

(c) Meter Rates. The rate applicable to metered water service shall be composed of a readiness-to-serve or standby charge, plus a charge for the quantity of water actually used, and any additional charges designated in the Master Fee Resolution.

(d) Private Wells. Private wells used for irrigation purposes, when required to be metered, shall be billed at the rate designated in the Master Fee Resolution per hundred cubic feet of water drawn therefrom.

(e) Wells in Cemeteries. Wells used for cemetery purposes shall be exempt from water usage charges for a period of five (5) years after annexation; provided, however, that during such period the cemeteries shall pay to the city the amount of any Fresno Irrigation District (FID) fees or assessments attributable to the cemetery property and paid by the city.

After the fifth anniversary of annexation, the cemeteries shall pay for only that component of their normal water usage fee which is directly attributable to and normally charged for the cost of water managements and recharge of underground water supplies.

(Added Ord. 73-120, § 3, eff. 8-16-73; Am. Ord. 73-154, § 2, eff. 10-18-73; Am. Ord. 74-97, § 1, eff. 11-4-74; Am. Ord. 78-174, § 1, eff. 12-22-78; Am. Ord. 80-115, § 142, eff. 8-8-80; Am. Ord. 85-22, § 5, eff. 3-22-85).

(a) Separate parcels will be supplied through separate individual services except as specified below.

(b) Separate houses, buildings, or uses on the same parcel, or on adjoining parcels under a single ownership, control or management, may receive water service at the option of the applicant by either of the following methods:

(1) Through separate service pipes to each or any unit provided the piping system from each service is independent of the others and is not interconnected, and provided that all service are metered.

(2) Through a single service pipe to supply the entire premises, in which case only one minimum or readiness-to-serve charge will be applied.

(c) Not more than one flat rate water service shall be allowed on adjoining parcels or lots which have been determined to constitute a single unit or premises as defined in this article; nor shall a flat rate water service be allowed on adjoining premises under the same ownership, either of which has, or is required to have, metered water service.

(Added Ord. 73-120, § 3, eff. 8-16-73).

(a) No person shall connect any lot, property, parcel or premise to the city water system without a permit from the Director of the Development and Resource Management Department unless the applicable charges designated in the Master Fee Resolution have been paid.

(1) Repealed.

(2) Frontage Charge. A frontage charge shall be required for each lot, parcel, property, or premise sought to be connected to the city water system, in the amount designated in the Master Fee Resolution per front foot. The front footage shall be calculated as follows:

(i) On a corner lot, parcel, property, or premise by adding both street frontages, excluding up to the first one hundred fifty feet on one of the street frontages to be selected by the Director.

(ii) On a lot abutting streets on three sides, by dividing the lot into two equal corner lots, calculating the front footage for each as provided by paragraph (i) above, and adding the two calculations.

(iii) On a lot with the side property lines nonparallel, the calculation for frontage shall be the distance measured between the side property lines midpoint between the frontage and the rear property lines of the lot.

(iv) Portions of the lot utilized as a public street or alley shall be excluded from the above calculations.

(v) On an irregularly shaped lot, the Director shall determine the front footage consistently with the foregoing principles of calculation.

(vi) Property which has not previously had city water service (except for water service solely for fire protection) shall pay a front footage charge only to the extent that such front footage charge or the cost of the main serving the premises has not heretofore been paid by the applicant or his predecessor in interest, provided that no such charge shall be collected for that portion of the frontage where the applicant is required to extend a main across his property frontage as a condition precedent to receiving service.

(vii) When only a portion of a lot, parcel, property, or premise is developed and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the Director may require the payment of the front footage charge applicable only to that portion of the lot developed or to be developed, provided that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred square feet. When the balance of the lot is developed, the front footage on that portion shall be paid regardless of whether or not additional water service is required. The Director shall fix the portion of the lot which is to be considered as developed.

(viii) Where a property fronts on a street in which there is an existing main from which service could be rendered, but the applicant elects to install water mains to serve all or portions of said property in streets or other rights-of-way which he dedicates within his property, he shall pay frontage charges for the portions of his property served from the additional mains in an amount equal to one-half of the frontage charges calculated on the basis of the frontage of said portions prior to said dedications, provided that this subsection shall not apply to the frontage of his property where it is necessary to extend the existing main as required under Subsection 6-514(c).

(ix) Properties on behalf of which no contribution has been made to the cost of the water mains, and which receive service from extensions made in other than dedicated and surfaced streets, shall pay to the city the same front footage charge as would be payable if the line were located in a dedicated street adjacent to the property to be served.

(x) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least two net acres in size, when a portion of not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence or the existing residence is to be connected to the city water system, the Director may require the payment of the frontage charge applicable only to the portion of such lot to be improved or occupied by the existing residence to be connected to the City water system. When the land use on the balance of the lot changes either through district amendment or special permit, the frontage charge shall be paid regardless of whether or not additional water service is required. The Director shall fix the portion of such lot which is to be considered as improved or occupied.

(xi) On separate major maintenance facilities within cemeteries and on facilities used for other than cemetery purposes, the Director shall fix the front footage for charges based on the dimensions of the property used for such purposes.

(xii) In areas designated by the Council, where a city water system is to be constructed to reduce public health hazard related to contaminated groundwater and where service connections to the water system are limited to serving only the existing residential dwelling and an auxiliary water supply is to continue to be utilized for irrigation of other portions of the lot, the Director shall require payment of the frontage charge applicable only to a portion of such lot occupied by the existing residence to be connected to and served by the city water system, provided that the fee to be charged shall be for a minimum of one hundred lineal feet or the actual front footage of the lot whichever is the lesser. When the land use on the balance of the lot changes either through land division, district amendment or special permit, city water is used for nondomestic purposes, or the auxiliary water supply serving the parcel is abandoned, the remaining balance of the frontage charge shall be paid regardless of whether or not additional water service is required. The Director shall fix the portion of the lot which is to be considered as improved, occupied, or irrigated with city water.

(3) Service Connection Charges. For each lot which requires a new service connection, or revised service connection, to a main determined by the Director to be in active service, the applicant shall pay to the city a cost-of-service charge to install the new or replacement service connection. The cost-of-service charge shall equal the cost of labor (including overhead), equipment and materials, including the meter where applicable. For services two inches in diameter or smaller, such charges may be fixed uniformly by the Council and designated in the Master Fee Resolution.

(4) Repealed.

(5) Repealed.

(6) Repealed.

(7) Repealed.

(8) Repealed.

(9) Water Capacity Fee. A water capacity fee shall be required for all water service connections to the City water system, except for connections solely for fire protection. The amount of the fee for each water service shall be determined by meter size as designated in the Master Fee Resolution.

If the use of a property, lot, parcel, or premise changes, and a larger service connection and meter are required to serve the new uses on the property, the water capacity fee obligation shall be based upon the incremental difference in cost between the water capacity fee charge for the larger meter size and the water capacity fee charge for the existing meter size, or the existing meter size may be estimated based upon the 10-year historical average water use on the property, whichever is less. No water capacity fee credit will be owed by the City when the new meter size is smaller than the prior meter size or the estimated meter size.

(b) Payment of fees and issuance of permits pursuant to this section does not authorize the permittee to perform or cause to be performed work specified in this article to be performed by the city.

(c) Whenever the Council, the Board of Supervisors, or the Board, of a special district, whichever is applicable, has adopted a resolution of intention to construct water system improvements, no permit for additions to or connection to the city water system to serve any lot included in the district subject to said resolution shall be issued until the hearing or protest has been finally determined in favor of the protestants or the proposed work has been consummated sufficiently to allow the lot to be served by said water system improvements.

(d) Payment of water connection charges, private water service line installation, and well destruction charges for existing single-family residences, and existing commercial or industrial development in the Enterprise Zone, may be deferred by entering into an agreement with the city to pay such charges together with interest on the unpaid balance, over a period of not more than twenty years, in accordance with the procedures established in Section 6-305 of this Code for the deferment of sewer connection charges.

(e) Payment of frontage charges pursuant to subsection 6-507(a)(2), and service connection charges pursuant to subsection 6-507(a)(3), may be deferred until issuance of a certificate of occupancy pursuant to an agreement which conforms to the requirements of section 12-4.604.

(f) Repealed.

(Added Ord. 75-47, § 3, eff. 7-3-75; Am. Ord. 75-73, § 1, eff. 7-3-75; Am. Ord. 75-55, § 1, eff. 7-6-75; Am. Ord. 76-9, § 1, 22-22-76; Am. Ord. 78-108, § 2, eff. 7-28-78; Am. Ord. 80-115, § 143, eff. 8-8-80; Am. Ord. 81-89, § 1, eff. 8-28-81; Am. Ord. 82-22, § 4, eff. 3-19-82; Am. Ord. 82-82, § 7, eff. 9-17-82; Am. Ord. 82-100, § 3, eff. 10-15-82; Am. Ord. 84-38, § 1, eff. 4-27-84; Am. Ord. 85-9, § 1, eff. 2-15-85; Am. Ord. 85-22, § 6, eff. 3-22-85; Am. Ord. 85-38, § 4, eff. 4-12-85; Am. Ord. 89-51, §§ 1, 2, eff. 5-26-89; Am. Ord. 90-2, § 7, eff. 1-8-90; Am. Ord. 91-32, § 4, eff. 5-10-91; Am. Ord. 91-51, § 2, eff. 6-14-91; Am. Ord. 92-103, § 4, 1-15-93; Am. Ord. 95-4, §§ 18—23, eff. 3-19-95; Am. Ord. 95-38, § 14, eff. 6-9-95; Am. Ord. 97-33, § 1, eff. 8-16-97; Am. Ord. 2003-96, §§ 1, 2, 12-4-03; Am. Ord. 2016-53, § 1, eff. 1-15-17; Am. Ord. 2017-19, § 8, eff. 6-18-17).

(a) Repealed.

(b) Repealed.

(c) Water Mains.

(1) This subsection shall be applicable to water mains installed after July 1, 1975, except when constructed by special assessments.

(2) Any person installing a water main shall, prior to construction of the main, file with the Director a legal description of the properties on behalf of which contributions have been made to the cost of the construction, and a statement of the proportions of the cost borne by each property, and within ninety days following city acceptance of the main shall file with the Director a project accounting stating the cost (excluding any city reimbursement) of the construction of the main. In the event a project accounting has not been filed with the Director within such period, then reimbursement under subsection (c)(3), below, shall not be made in the event additional property is connected to the main constructed. If an ownership statement is not filed prior to construction, only the property served by the main, owned by the person who installed the main on the date of commencement of installation will be deemed to have paid for the installation; provided, that if within seven years after the date of commencement of installation such person acquires in fee property served by the main which would otherwise be subject to payment of frontage charges, such person shall also be deemed to have paid the frontage charges for such property.

(3) During the initial reimbursement period or, if applicable the extended reimbursement period, as such terms are defined in Section 12-4.501.5 of this Code, following city acceptance of a water main referred to in subsection (c)(1) above, the person or persons bearing the cost of such water main construction may be reimbursed pursuant to this subsection (c). The frontage charges collected by the city pursuant to this article for connection to such water main shall be paid by the city proportionately to the owner or owners of property on behalf of which contributions were made to the cost of construction of such water main. However, neither shall the total reimbursement exceed the sum of (1) one hundred per cent of the cost of constructing water mains which do not front on any contributing property, and (2) fifty per cent of the cost of constructing water mains fronting on properties on behalf of which such contributions were made; nor shall the total reimbursement exceed the total amount of the frontage charges which would have been payable by property on behalf of which no contribution was made to the cost of installation as of the date of city acceptance of the main. Such reimbursements shall be paid from the applicable water connection charge fund.

(4) If the total amount of the frontage charges (based on fees in effect on the date of city acceptance of the main) which would be collectible from property on behalf of which no contribution has been made to the cost of installation is less than one thousand dollars, the Director may elect to proportionately reimburse from the applicable water connection charge fund, after city acceptance of the main, to the person or persons contributing to the cost of constructing the main said frontage charges which would be collectible from noncontributing property. If the Director elects to reimburse in that manner, such person or persons will neither be eligible for the exemption provided in subsection (c)(2) above nor for further refunds provided in subsection (c)(3) above.

(5) For purposes of reimbursements, where a property has more than one frontage, the actual front footage charge paid shall be apportioned between the frontages on which the calculation of charges was based, in the ratio of the total length of each frontage.

(d) Repealed.

(e) Repealed.

(Added Ord. 75-47, § 4, eff. 7-3-75; Am. Ord. 75-73, § 1, eff. 7-3-75; Am. Ord. 76-9, § 2, eff. 2-22-76; Am. Ord. 78-108, §§ 3, 4, eff. 7-28-78; Am. Ord. 80-115, §§ 144—146, eff. 8-8-80; Am. Ord. 83-163, §§ 8—10, eff. 1-20-84; Am. Ord. 85-38, § 5, eff. 4-12-85; Am. Ord. 86-155, § 1, eff. 10-24-86; Am. Ord. 89-85, §§ 9, 10, eff. 7-28-89; Am. Ord. 2003-96, § 3, eff. 12-4-03; Am. Ord. 2017-19, § 8, eff. 6-18-17).

(a) The charge for replacement of an existing water service connection or meter by one of a large size shall be the same as for a new service or meter of the size requested, except that when mains and services are being replaced under a city water main replacement program, the charge for increasing the size of service will be the difference in cost between the size requested by the property owner and the size which would normally be installed by the city under its replacement program.

(b) Where it is necessary to relocate a water service for the convenience of a property owner, or where relocation is required because the construction by or on behalf of the property owner will interfere with the operation or maintenance of the service connection, the charge for such relocation shall be the cost for labor (including overhead), equipment, and material.

(c) The minimum size of the tap and the service connection (including meter) installed for any property shall be as the Director may designate.

(d) The first installation of meters on an existing service connection of two inches or smaller shall be made without additional charge. Meters on existing services larger than two inches shall be paid for as specified in subsection 6-507(a)(3).

(e) When a property owner requests the abandonment of one or more services and the installation of one or more new services, the cost of abandonment and the cost of the new service shall be paid for by the customer as specified in subsection 6-507(a)(3).

(Orig. Ord. 4481; Am. Ord. 6497, 1964; Am. Ord. 70-13, 1970; Am. Ord. 73-120, § 4, eff. 8-16-73; Am. Ord. 75-47, § 5, eff. 7-3-75; Am. Ord. 75-73, § 1, eff. 7-3-75).

Editor's note— Ord. 2017-19, § 8, effective June 18, 2017, amended the Code by repealing former § 6-510 in its entirety. Former § 6-510 pertained to well head treatment, and derived from Ord. 90-2, effective January 8, 1990; Ord. 95-4, effective March 19, 1995; Ord. 95-38, effective June 9, 1995; and Ord. 95-74, effective October 27, 1995.

Editor's note— Ord. 2017-19, § 8, effective June 18, 2017, amended the Code by repealing former § 6-511 in its entirety. Former § 6-511 pertained to recharge areas, and derived from Ord. 95-4, effective March 19, 1995; and Ord. 95-38, effective June 9, 1995.

Editor's note— Ord. 2017-19, § 8, effective June 18, 2017, amended the Code by repealing former § 6-512 in its entirety. Former § 6-512 pertained to bond debt service fee, and derived from Ord. 95-4, effective March 19, 1995; and Ord. 95-38, effective June 9, 1995.

(a) Purpose. The purpose of this section is to ensure water supply availability, reliability and drought resiliency for new and expanded connections to the City water system, and to provide a means for levying and collecting fees to finance the planning, permitting, designing, acquiring of and constructing of water facilities required to serve new and expanded connections to the City water system.

(b) Water capacity fee amount.

(1) The Council shall designate in the Master Fee Resolution a schedule of Water Capacity Fees by meter size.

(2) The Water Capacity Fee shall be determined based on a Water Capacity Fee Study. The Water Capacity Fee Study shall establish a nexus between the Water Capacity Fee and the estimated reasonable cost of providing water capacity service to new or expanded connections to the water system.

(c) Fees payable upon grant of development entitlement. The Water Capacity Fee for any new or expanded service connection shall be payable prior to the issuance of a building permit at the fee level in effect on the date such permit is issued.

Payment of Water Capacity Fees may be deferred by entering into a development agreement with the city to pay such charges after issuance of the building permit, but not later than prior to issuance of the certificate of occupancy.

(d) Water capacity fund.

(1) A Water Capacity Fund is hereby established.

(2) All Water Capacity Fees collected by the city shall be deposited in a Water Capacity Fund for the purpose of funding public facilities reasonably necessary to provide water capacity service to new or expanded connections to the city water system.

(3) The revenue from the Water Capacity Fees collected shall be allocated on an annual basis as follows:

a. Fifty percent of the Water Capacity Fees shall be allocated to repay loans or other debt financing instruments used by the City to plan, permit, design, and construct water facilities to serve new or expanded connections to the City's water system. The priority for applying this fifty percent Water Capacity Fee allocation to existing loans or debt financing instruments shall be based on the date Council approved the loan or debt financing instrument. The highest priority shall be assigned to the oldest loans and debt financing instruments.

b. Fifty percent of the Water Capacity Fees shall be allocated to reimburse developers, or their heirs and successors, who as a condition precedent to approval of development, were required to construct water facilities. Developer reimbursements from the Water Capacity Fund shall be completed in accordance with 6-513(f).

c. In the event no payments are required for loans or debt instruments, and no reimbursements are due to developers who constructed water facilities as a condition precedent to approval of development, then all Water Capacity Fees paid shall be deposited in the Water Capacity Fund and designated for planning, permitting, designing, acquiring and constructing water facilities, or purchasing water supply sources, to accommodate new or expanded connections to the city water system.

(4) The City shall annually review and report on the fund for the Water Capacity Fees as set forth by Government Code section 66013(d).

(e) Water supply facility construction. The City shall be responsible for constructing water supply facilities in a manner which will supply water to all properties developed in an orderly sequence as defined in the City's then-current General Plan.

(1) The Council may require, as a condition precedent to approval of development, a developer to construct water supply facilities in accordance with City standards, if the City Manager or his or her designee determines one or more of the following conditions exist:

a. The water demands for the development can be served with a dedicated water supply facility that only serves that development:

b. The proposed development is not consistent with the orderly sequence of development as defined in the City's then-current General Plan;

c. It is in the best interest of the city water system for the developer to construct the required water supply facility, and to request reimbursement in accordance with 6-513(f).

(2) The Council may require as a condition precedent to approval of development, the dedication or acquisition of property for a water supply facility if the Director of Public Utilities determines a water supply facility is needed either within or in close proximity to the proposed development.

a. The developer shall be issued a fee credit against the Water Capacity Fee equal to the fair market value of the dedicated property, and the fair market value shall be based on the properties surrounding the water supply facility, or as determined by the Director of Public Utilities.

b. In the event a prospective developer dedicates or acquires a water supply facility at the request of the City in advance of approval of development, the developer shall be eligible for reimbursement or issued a fee credit in a manner as described above.

(3) In the event a developer is required to assume the responsibility for the construction of a water supply facility, construction shall be in accordance with city standards and specifications, or as determined by the Director of Public Utilities. The developer shall be reimbursed based on the full, audited and approved cost of the water supply facility less the Water Capacity Fees due for the development. Reimbursements shall be processed in accordance with 6-513(f). Reimbursements shall be issued from Water Capacity Fee revenues in accordance with the fee allocation methodology described in Section 6-513(d).

(f) Reimbursements from the water capacity fee fund. When, as a condition precedent to approval of development, a person, whose project is subject to the Water Capacity Fees, has been required to construct a water supply facility which has been accepted by the City, the person shall file with the Director of Public Works, within ninety days following acceptance of the water supply facility, a project accounting stating the total cost of construction of the water supply facility.

(1) The project accounting shall include the costs for the water supply facility, including site acquisition, design, construction, inspection, permitting, and commissioning.

(2) The terms, conditions, and expiration date for reimbursement shall be specified in a reimbursement agreement executed between the developer and the City.

(3) Annual reimbursements shall be based on funds available in the Water Capacity Fund for developer reimbursements. On or about April 1st of each year, the Director of Public Works shall determine the amount of funding available from the Water Capacity Fund to reimburse those persons who have:

a. Constructed a water supply facility that has been accepted by the City; and

b. A valid reimbursement agreement.

(4) Following the annual determination of Water Capacity Fees available for developer reimbursement, there shall be paid from the Water Capacity Fund, to persons that constructed water supply facilities as a condition precedent to approval of development, a sum equal to the proportionate share of the Water Capacity Fees available for developer reimbursement. The proportionate share shall be calculated based on the current value of the unreimbursed portion of the water supply facility to the total value of all water supply facilities accepted by the City and approved for reimbursement, provided, that payments may not be made to such persons in excess of the cost of the water supply facility as shown on the project accounting

(5) If the project accounting is not timely filed as required above, the City will not enter into a reimbursement agreement or make any reimbursement payments to the person that constructed the water facilities.

(g) Effect on urban growth management water fees and fund balances. As of the effective date of the Ordinance adopting this Section, fund balances remain in existing water-related Urban Growth (UGM) accounts created for water-related fee revenues. The existing fund balances shall remain in separately designated water-related UGM accounts to be used for the purposes for which they were collected in accordance with the UGM water-related fee regulations, as set forth in Ordinance 95-38 and amended by Ordinance 95-74, under which they were imposed ("UGM Regulations").

(1) The existing balances in the UGM water-related fee accounts shall remain available for (i) reimbursing developers that were required to construct water supply facilities as a condition precedent to approval of the development project, and (ii) use by the City for the designated purposes defined for the UGM account. Reimbursements from existing UGM water-related fee accounts shall be completed in accordance with the UGM Regulations.

(2) When there are no valid reimbursement agreements relating to a UGM water-related fee account and no pending projects in a UGM area that could potentially qualify for reimbursement under the UGM Regulations, any funds remaining in the existing UGM water-related fee accounts shall be deposited into the Water Capacity Fund, and the City may use those funds in accordance with the priorities described in 6-513(d).

(3) Notwithstanding any other provision of this section, in order to honor valid reimbursement agreements issued under the UGM Regulations, the City shall make available revenue from the Water Capacity Fee Fund to the UGM water-related fee accounts for reimbursements pursuant to the UGM Regulations. Funds made available to each UGM water-related fee account for reimbursements pursuant to the UGM Regulations shall be limited to the amount of revenue that would have been collected for each UGM water-related account, from persons within the corresponding water-related UGM area, under the UGM Regulations. In no event will any person with a reimbursement agreement issued under the UGM Regulations receive a greater right to reimbursement than he or she would have had under the UGM Regulations.

(Added Ord. 2017-19, § 8, eff. 6-18-17).

Editor's note— Ord. 2017-19, § 8, effective June 18, 2017, amended the Code by repealing former § 6-513 in its entirety, and adding a new § 6-513. Former § 6-513 pertained to the UGM water supply, and derived from Ord. 95-38, effective June 9, 1995; and Ord. 95-74, effective October 27, 1995.

(a) Any person desiring to make an addition to the water system of the city to serve property shall make a request in writing of the Director for preliminary investigation into the feasibility of such addition. If the addition as requested is found to be feasible by the Director, such addition may be made to the water system of the city in accordance with the provisions of this chapter. The director shall cause the installation to be inspected, and shall allow the final connection to the city system only if it is found that such additions conform in all respects with the standard specifications for water facilities of the city, with applicable health laws, and with the lines and grades designated by the Director.

(b) If a right-of-way is needed for an addition to the water system, the person constructing the addition shall obtain such right-of-way for the city, or pay the cost to the city of acquiring such right-of-way.

(c) When a new, enlarged, or additional water service is required to serve a property, mains shall be installed across the full frontages of the property unless the Director determines that mains are not required at that time across the full frontage to serve other properties or because an undeveloped portion of the subject property does not require water or fire service. Where the provisions of this section would require a main extension past a planned valve location, the Director may require the payment of frontage charges in lieu of main construction. Where a property has more than one frontage on which main installation would be required by this subsection, the Director may require payment of frontage charges in lieu of main installation along such additional frontages unless said mains are required for fire service to the property. Frontage charges collected pursuant to this subsection shall be deemed as reimbursable pursuant to subsection 6-508(c)(3).

(d) Specifications and plans for the installation of additions to the city water system shall be prepared by a registered civil engineer and shall be approved by the Director before a permit for doing the work may be issued.

(e) When a water main, fire hydrant, or water service, except for back flow prevention devices, has been installed in a public street or easement pursuant to the requirements of the city and has been accepted by the Director, then the main, hydrant, or service shall become the property of the city and a part of the water system of the city.

(f) The person constructing an addition to the city water system shall reimburse the city for its cost of labor (including overhead), equipment, and materials for the following:

(1) Connections between additions to the city water system and existing portions of the system which are determined by the Director to be in active service.

(2) Review and approval of specifications and plans submitted by the applicant for proposed additions to the water system.

(3) Preliminary investigation of the feasibility of additions to the water system.

(4) Any design, surveying, inspection or testing performed by the city in connection with an addition to the water system.

Such reimbursements may be made at standard rates to cover costs as designated in the Master Fee Resolution.

(g) Repealed.

(h) Although it is the intent of this article that arrangements necessary to install water mains required to serve property shall be the responsibility of the person desiring such service, an exception is necessary to facilitate minor additions to the system. The city may, upon written request of the applicant, take all steps necessary to complete the total installation, subject to the following conditions:

(1) Total of front footage for which frontage charges would be payable if mains existed, plus off-site main required is three hundred feet or less.

(2) Applicant pays the frontage charge for the applicant's property as though water mains already existed on the property frontage.

(3) Applicant reimburses the city in accordance with this article for the water service connection (including meter if applicable), connections to mains in service, and preliminary investigation.

(4) Applicant pays to the city the fee designated in the Master Fee Resolution to cover the cost of design, surveying, inspection, and testing.

(i) Connections to mains in other than dedicated and surfaced streets or alleys shall not be permitted where service can be rendered from dedicated and surfaced streets or alleys by extension or otherwise.

(Added Ord. 75-47, § 6, eff. 7-3-75; Am. Ord. 75-73, § 1, 7-3-75; Am. Ord. 76-9, § 3, eff. 2-22-76; Am. Ord. 80-115, §§ 147, 148, eff. 8-8-80; Am. Ord. 2003-96, § 4, eff. 12-4-03; Am. Ord. 2017-19, § 8, eff. 6-18-17).

(a) A water connection charge fund is hereby established.

(b) All revenue obtained from frontage charges, and service connection charges as required under Section 6-507 shall be deposited into said Water Connection Charge Fund, and shall be accounted for separately, and shall be expended for acquisition, construction and reconstruction of the city water system including payment of interest and principal on bonds issued for that purpose. Said fund may also provide a capital reserve for depreciation and enlargement of the city water system.

(c) The terms frontage charge, and service connection charge herein referred to shall apply only to those funds collected for use of the city water system and shall not be construed to affect revenues derived from plumbing permit fees.

(d) Nothing contained in this section shall be construed to restrict or prohibit the making of transfers from said Water Connection Charge Fund for the purpose of making temporary loans to one or more of the various departments of the government of the city; and provided further that all such temporary loans shall bear interest at not less than the current rate earned by other city trust funds and shall be restored annually to the water connection charge fund on or before the last day of each fiscal year.

(Added Ord. 75-47, § 7, eff. 7-3-75; Am. Ord. 75-73, § 1, 7-3-75; Am. Ord. 76-9, § 4, eff. 2-22-76; Am. Ord. 85-38, § 6, eff. 4-12-85; Am. Ord. 2003-96, § 5, 12-4-03; Am. Ord. 2017-19, § 8, eff. 6-18-17).

Editor's note— Ord. 2023-019, § 3, adopted June 8, 2023 and effective July 15, 2023, repealed § 6-516, which pertained to transmission grid main reimbursements and derived from Ord. 75-48, § 1, effective July 1, 1975; Ord. 2017-19, § 8, effective June 18, 2017.

The city reserves the right to negotiate by agreement for the acquisition, operation, and maintenance of privately- or publicly-owned water systems, and for the settlement of damage caused to such water systems when the city extends its water system into the service area of any such system. Any other provision of this article to the contrary notwithstanding, the city may include, in any such negotiated agreement, a waiver of the water main extension charge, front footage charge, or service connection charge otherwise payable by the consumers of any such system upon connection with the city's water system.

(Orig. Ord. 4481; Am. Ord. 6737, 1965).

(a) No new water service shall be furnished to property located outside the city limits except pursuant to the terms and conditions set forth in this section.

(b) No new fire sprinkler connections or fire hydrants for properties outside the city limits shall be served from the Fresno city water system unless the full water supply (excluding agricultural irrigation) for the said property shall also be taken from the Fresno city water system; provided, however, where said property already has its own well and desires city service, such city water service may be provided upon authorization of the City Council on condition that said water supply shall not be increased or such well be deepened or the pumping equipment be replaced with any of larger capacity. For properties already having an alternate source of water supply and receiving city water service on the effective date of this subsection, expansion of such alternate water supply shall result in a discontinuance of all city water to said property.

(Added Ord. 73-120, § 5, eff. 8-16-73; Am. Ord. 75-41, § 1, eff. 6-2-75; Am. Ord. 75-84, § 1, eff. 9-7-75; Am. Ord. 89-51, §§ 3, 4, eff. 5-26-89).

(a) No person shall install or replace any system, including portable systems, on any premises unless such system is equipped with a water conservation device, and such device is properly maintained at all times, except as follows:

(1) In a multi-story building, unconserved water-cooled refrigeration units used only for the commercial preservation of food may be installed, replaced or maintained provided that such unit has a capacity of less than one ton and that all such units on any one premises do not exceed a cumulative total capacity of two tons and do not consume more than 1.5 gallons of water per minute per ton of capacity per unit.

(2) Evaporative coolers may be installed, replaced, or maintained provided that no evaporative cooler or coolers on any premises shall have a cumulative total capacity of more than eighteen hundred cubic feet of air per minute.

(3) A system may be installed, replaced or maintained provided it is not connected to city water, and a source of water supply is developed on the same premises for the exclusive use of such system, and a drainage well, drilled pursuant to and in conformance with Article 4 (commencing with Section 6-401), Chapter 6, of this Code, is used as the sole means of disposing of water discharged from such system.

(b) When a system is installed or maintained on any premises contrary to the provisions of this article, no city water service shall be granted to serve said premises, whether located in or out of the city limits.

(c) No person shall sell or deliver any evaporative cooler which he knows or has reason to know is intended to use city water unless such cooler is, when sold and delivered, equipped with a water conservation device.

(Added Ord. 73-120, § 5, eff. 8-16-73).

(a) In the use of potable water supplied by the city, no customer shall do or permit any of the following:

(1) Use potable water to irrigate or water outdoor landscaping in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots or structures,

(2) Keep, maintain, operate, or use any water connection, hose, faucet, hydrant, pipe, outlet, or plumbing fixture which is not tight and free from leakage,

(3) Willfully or negligently waste water,

(4) Flood any part of the premises of another,

(5) Sprinkle the premises of another so as to prevent the normal use thereof or unreasonably wet objects thereon which should not be subjected to a spray of water except as naturally caused by the elements or by action of the owner of the object,

(6) Sprinkle or irrigate any yard, ground, premise, or vegetation except as set forth in the City's Outdoor Water Use Schedule,

(i) Annual Exemptions. The following properties may submit an application for a one-year exemption to the Outdoor Water Use Schedule in effect at the time of the application:

a. Properties with multiple addresses, and

b. School and park facilities, and

c. Properties without street addresses.

The owners of such properties shall submit a proposed modified Outdoor Water Use Schedule in writing to the Director or designee for approval or modification. The Director may approve a modified Outdoor Water Use Schedule for with more frequent watering or different watering days than allowed by the Outdoor Water Use Schedule in effect at the time the application for an exemption is submitted for consideration. If the Director determines the proposed exemption will adversely impact system water pressures in the service area, the proposed exemption will be denied. All Annual Exemptions approved by the Director shall automatically expire on December 31 of each year, and the property owners must re-apply for an exemption to the Outdoor Water Use Schedule.

(ii) Short-term Exemptions. The following properties may submit an application for an exemption from the Outdoor Water Use Schedule for a specific time period not to exceed one month.

a. Properties with new lawns not yet established.

b. Properties seeking to use water for a bona fide use, such as solar panel cleaning or other use necessary for health or preservation of property.

The owners of such properties shall submit a proposed modified Outdoor Water Use Schedule in writing to the Director or designee for approval or modification no less than 48 hours before the proposed non-compliant water usage. The Director may approve a modified Outdoor Water Use Schedule that may provide for more frequent outdoor water use or different outdoor water use days than allowed by the Outdoor Water Use Schedule in effect at the time the application for an exemption is submitted for consideration. If the Director determines the proposed exemption will adversely impact system water pressures in the service area, the proposed exemption will be denied. All Short-term Exemptions approved by the Director shall automatically expire on the date set forth on the Short-Term Exemption permit.

(7) Sprinkle or irrigate any yard, ground, premise, or vegetation unless the watering device used is controlled by an automatic shut-off device, or a person is in immediate attendance of the hose or watering device,

(8) Wash any privately owned motor vehicle, trailer, or boat except from a bucket or in a commercial car wash, provided a hose equipped with a shut-off nozzle may be used for a quick rinse without causing water to flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures,

(9) Wash or rinse with a hose or watering device any sidewalk, driveway, parking area, tennis court, patio, or any other exterior paved area, except for public health and safety reasons at public gathering places, or

(10) Use potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.

(11) Irrigate ornamental turf on public street medians with potable water, except where:

(i) The turf serves a community or neighborhood function, including but not limited to, recreational uses and civic or community events;

(ii) The turf is irrigated incidentally by an irrigation system primarily intended to irrigate trees;

(iii) The turf is irrigated with recycled water.

This prohibition does not include trees and shrubs on public medians, which may be irrigated.

(12) Irrigate outdoor landscapes with potable water during and within 48 hours after measurable rainfall.

(13) Serve drinking water other than upon request in eating or drinking establishments, including but not limited to, restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served or purchased.

(14) Irrigate landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

(15) Automatically change towels and linens in hotels and motels daily. Operators of hotels and motels shall provide guests the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.

(16) Drain swimming pools more than once every three years, except as necessary to complete structural repairs or to comply with public health standards, as determined by the County Health Officer. Residents with private swimming pools shall file a written application for a permit with the City of Fresno Water Division at least 48 hours prior to draining the pool. Any customer whose swimming pool is drained by order of the Department of Health for failure to maintain it properly will also be issued a notice of violation of the City of Fresno Municipal Code. The draining of pools for reasons of health and safety hazards as determined by the City of Fresno Water Division and/or the Department of Health is permitted. The application shall include the results of a pool water test conducted by an independent testing organization which shows a cyanuric acid level above 100 parts per million, total dissolved solids over 2,500 parts per million, or calcium over 450 parts per million, or stating the nature and duration of repairs to be made and the date on which the pool will be drained.

(17) Fill newly constructed or refurbished swimming pools without a pool fill permit from the City of Fresno Water Division.

(18) Refill (top off) established swimming pools except during times when outdoor water use is allowed at the property address pursuant to the Outdoor Water Use Schedule.

(19) Use potable water to irrigate or water outdoor landscaping in a manner that is prohibited by or inconsistent with any Federal or State regulations or other requirements not specifically identified in this section.

(b) Notwithstanding the foregoing, drip irrigation of community and residential fruit and vegetable gardens and fruit trees is permitted any day of the week; for this subsection, "drip irrigation system" means a non-spray, low-pressure, and low volume irrigation system in good working order utilizing emission devices with a flow rate of less than four gallons per hour, designed to slowly apply small volumes of water at or near the root zone of plants, when used primarily for irrigation of fruit and vegetable gardens and fruit trees; should any city water customer be cited for excessive water use, the customer may contact the Water Division and request an exemption from the Outdoor Water Use Schedule for a home or community garden that is irrigated with a drip irrigation system. Upon being contacted, the Water Division will schedule a visit to the subject property to inspect the garden and the drip irrigation system used to irrigate the garden. The Water Division shall grant an exemption for home or community garden with the following conditions:

(1) The property must limit water use to an amount equal to, or less than, the average monthly water use for the single-family residential customer class. The monthly average water use for the single-family residential customer class is printed on monthly utility bills issued by the City.

(2) The drip irrigation system must be in good working order with no leaks, line breaks, or other deficiencies that will contribute to water waste. Exemptions shall be withheld until corrective action is taken to address system deficiencies.

(3) The drip irrigation system must be used primarily for the home or community garden, and not for other landscape on the property- Exemptions shall be withheld until the drip irrigation system for the home or community garden can be isolated from other landscape on the property.

(4) No flood irrigation will be allowed with the drip irrigation system, and water must remain on the subject property with no runoff to sidewalks, driveways, pavements, or adjacent properties.

(5) The home and community garden exemption is provided exclusively for drip irrigation systems only, and will not be allowed for other types of irrigation systems.

(6) This exemption shall only apply to properties ¼ acre or smaller. For properties greater than ¼ acre, the property owner may apply to the Director or designee for an exemption.

(c) Lawn sprinkling systems shall be properly designed, installed, maintained, and operated to prevent waste of water.

(d) Repealed.

(e) The provisions of this section are conditions of service.

(1) Each incident of Excessive Use as defined in section 6-501, or use of water inconsistent with the provisions of this section, is an incident of water waste.

(2) If a customer has one or more incidents of water waste during a month, as observed by City staff or as recorded by the City's water meter reading system, the customer shall be issued a Notice of Water Waste and, if applicable, charged a fine as set forth in the Master Fee Schedule. Such fines shall be added to the customer's monthly utility bill and shall be due and payable with that utility bill and subject to the FMC 6-106, Late Payment of Municipal Service Bills.

(3) Incident counts for water waste shall be monitored, recorded, documented and enforced on a monthly basis during the calendar year for individual customers, and the incident counts shall be reset January 1 of each year.

(4) If a customer performs or permits incidents of water waste more than six consecutive months, the water service to the customer may be terminated unless in the opinion of the Director such termination would result in an unreasonable risk to the health and safety of persons. If water service is terminated for successive incident of water waste, the water service may only be restored upon execution of an agreement with the customer to adhere to the conditions of service described in this section.

(5) If a customer objects to a fine imposed for an incident of water waste pursuant to this section, the following appeal process may be used.

Step 1.

(a) Within thirty days of issuance of the utility bill including the fine, the customer may contact the Water Conservation Program to appeal an incident of water waste resulting in a fine with the staff person who initiated the enforcement measure. The staff person shall gather the facts about the incident.

(b) The customer may provide staff with evidence there was no incident of water waste, or of a bona fide reason for the incident of water waste, including evidence of a water leak, or another reasonable justification for the water use, within ten business days of the customer's first communication with the Water Conservation Program regarding the alleged incident of water waste.

(c) Within ten business days of the initiation of an appeal, staff shall provide the customer with documentation demonstrating the incident of water waste, if applicable.

(d) The staff will provide the facts and evidence related to the appeal to the Water Conservation Program Supervisor, who will determine whether to rescind the enforcement measure. The Water Conservation Program Supervisor will provide a written decision to the customer within fifteen business days of the customer's appeal, or receiving any applicable evidence from the customer, whichever comes later.

Step 2. If the customer is not satisfied with the decision of the Water Conservation Program Supervisor, they may appeal to the Director or designee within ten business days of the date of the Water Conservation Program Supervisor's decision. The Director or designee shall review the appeal and any evidence the customer previously submitted, and provide a written decision within thirty days of receiving the appeal.

Step 3. If the customer is not satisfied with the decision of the Director of Public Utilities, the customer may appeal to the City's Administrative Hearing Officer in the manner provided in Chapter 1, Article 4 of this code. Such decision shall be final.

(Orig. Ord. 4481; Am. Ord. 6486, 1964; Am. Ord. 73-120, § 6, eff. 8-16-73; Am. Ord. 77-99, § 1, eff. 9-23-77; Am. Ord. 78-74, §§ 1, 2, eff. 5-26-78; Am. Ord. 80-115, § 149, eff. 8-8-80; Am. Ord. 89-48, §§ 1, 2, eff. 4-18-89; Am. Ord. 89-77, § 1, eff. 6-7-89; Am. Ord. 89-102, § 1, eff. 9-22-89; Am. Ord. 90-72, § 1, eff. 8-24-90; Am. Ord. 90-97, § 1, eff. 10-12-90; Am. Ord. 91-104, § 1, eff. 10-18-91; Am. Ord. 91-112, § 1, eff. 11-22-91; Am. Ord. 93-14, § 1, eff. 2-23-93; Am. Ord. 93-20, § 2, eff. 4-30-93; Am. Ord. 2015-13, § 1, eff. 5-21-15; Am. Ord. 2015-29, § 1, eff. 8-27-15; Am. Ord. 2017-56, § 3, eff. 11-19-17; Am. Ord. 2018-45, § 1, eff. 8-10-18; Am. Ord. 2019-011, § 3, eff. 5-31-19; Am. Ord. 2022-026, § 1, eff. 10-8-22).

Editor's note— The provisions in subsection 6-520(e) regarding the enforcement program for incidents of water waste are effective January 1, 2018.

Any customer who develops or irrigates any portion of any premises for which a reduced water charge has been computed pursuant to Section 6-505(a)(3), and who fails to notify the controller of such development or irrigation within 30 days of the date same is commenced, shall be presumed to have used or irrigated such area for a period of twelve months prior to the date such use or irrigation first came to the Controller's attention, and shall pay the total fee prescribed for the use or irrigation of such area for said twelve-month period, together with interest and penalties thereon calculated pursuant to Section 6-106 as if such usage had been billed in the customer's regular billing cycle but had not been paid for by him, unless he establishes to the satisfaction of the Controller that such use or irrigation was maintained for a shorter period of time.

(Added Ord. 73-154, § 3, eff. 10-18-73).

(a) Water used for irrigation shall be minimized to the amount needed to maintain adequate plant health and growth with a minimum of waste or over spray on adjoining areas.

(b) Operation of Efficient Irrigation Systems. All persons who have installed completely new replacement irrigation systems on existing residential units are required to file irrigation plans pursuant to the Code Section 12-306-N.23 and 24, and shall use the City of Fresno Monthly Lawn Watering Chart to determine lawn water times. Longer watering times are permitted provided it can be shown necessary by calculations based on the evapotranspiration rate and sprinkler precipitation rates. For persons who use the City of Fresno Monthly Lawn Watering Chart, each area of the lawn shall receive no more than the maximum number of minutes per week for any one area of lawn.

(c) Irrigation system operation shall comply with Code Section 6-520.

(d) The "water customer" shall modify watering duration and frequency schedules so that the sprinkler's application does not exceed the irrigated area's absorption rate and generate surface runoff.

(e) Maintenance. It is the owner's responsibility to maintain the irrigation system by checking, adjusting sprinklers, repairing or replacing defective equipment and modifying the watering times to ensure efficient use of water. The customer is responsible for any wastage of water which originates on the customer's property.

(f) Existing Irrigation Systems (Manual/Automatic). On resale of existing property, the new owner shall certify in writing prior to obtaining water service from the City of Fresno that:

(1) The irrigation system has been checked and that all broken or defective irrigation equipment has been repaired or replaced.

(2) That all the system's components are functioning properly.

(3) No leaks exist.

(g) Enforcement. If a person violates any of the provisions of this section the city may implement any or all of the following measures:

(1) Require a customer to get a landscape evaluation, lawn water audit, and water budget, as appropriate, in order to learn efficient water use. This work shall be completed at customer expense by Landscape Irrigation Auditors certified by the Irrigation Association.

(2) Require a customer to repair any defects in the watering system of such person within fourteen days of notice by the city to repair.

(3) Installation by the city of flow restrictors or termination of water service for exterior use.

(4) Termination of all water service to a customer unless in the opinion of the Director of Public Utilities such termination would result in an unreasonable risk to the health and safety of persons.

(5) Require that restoration of water service after termination be contingent on an agreement by the customer to adhere to the provisions of this section.

A. If a water customer objects to the previously mentioned enforcement measures the following appeal process may be used.

Step 1. The customer may call the Water Conservation Program in order to discuss the incident with the staff person who initiated the enforcement measures.

The staff person has no authority to rescind the enforcement measures. However, upon being contacted by the customer, the staff person shall gather the facts about the incident and explain them to the Water Conservation Program Supervisor, who may decide whether or not to rescind the enforcement measure.

Step 2. If the customer is not satisfied with the decision of the Water Conservation Program Supervisor, he/she may appeal to the Water Systems Manager who shall review such appeal and render a written decision within thirty days after such appeal.

Step 3. If the customer is not satisfied with the decision of the Water Systems Manager he/she may appeal to the Director of Public Utilities who shall review such appeal and render a written decision within thirty days after receiving such appeal.

Step 4. The customer may make a final appeal directly to the City Council if still not satisfied.

The appeal listed in step 2 above shall be filed in writing within thirty days of the date of the notice outlining the enforcement measure. Each subsequent appeal shall be filed in writing within 30 days from the date of the written decision being appealed.

(Added Ord. 94-86, § 3, eff. 10-21-94).

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 3 of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Absorption rate" or "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

(c) "Air Inlet Valve" means a port open to the atmosphere which permits air to enter a backflow assembly under a no water flow condition. These air inlets are utilized in atmospheric and pressure type vacuum breakers.

(d) "Application rate" means the depth of water applied to a given area, usually measured in inches per hour.

(e) "Atmospheric vacuum breaker" means an assembly containing a float-check seat and an air inlet port. The flow of water into the body causes the float to close the air inlet port. When the flow of water stops the float falls and forms a check valve against backsiphonage and at the same time opens the air inlet port to allow air to enter and satisfy the vacuum.

(f) "Automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days, hours and length of time of water application.

(g) "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

(h) "Check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.

(i) "Chemical injection" means the act of automatically or manually adding chemicals (usually fertilizer) to the irrigation system where it mixes with water and is subsequently applied to the landscape.

(j) "City of Fresno Monthly Lawn Watering Chart" means the chart of approximate lawn watering time (in minutes per week) published by the City of Fresno.

(k) "Cool season turf" means Annual bluegrass, Perennial rye grass, Red fescue, Tall fescue and other turf that is not dormant in winter.

(l) "Cross connection control" means any unprotected actual or potential physical connection or arrangement of piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other non-potable water. This would include any temporary connections, such as swing connections, removable sections, four way plug valves, spools, dummy section of pipe, swivel or change-over devices or sliding multiport tube.

(m) "Downstream" means in the direction of the flow of a stream.

(n) "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil.

(o) "Evapotranspiration rate" means the inches of water per day.

(p) "Evaporation rate" means the inches of water per day.

(q) "Flex riser" means flexible material that allows a sprinkler head to bend if struck and come back into alignment.

(r) "Infiltration rate" means the rate at which water is absorbed into the rail expressed as a depth of water in inches.

(s) "Irrigation system" means the water delivery pipelines that supply water from the water source to the valve or outlet and to the emitters or sprinklers from the valve. An automatic controller is part of all new irrigation systems. See Section 6-501(z).

(t) "Irrigation valve circuit" means a system composed of piping, valves, pumps, controllers and outlets to distribute water to lawns, trees, shrubs, plants and other landscape facilities.

(u) "Landscaped area" means the parcel area, including the right-of-way area and any easements, less building pad(s), driveway(s) and parking areas. This includes planted areas, water bodies, and natural areas.

(v) "Landscape modification" means any change to a landscape on site or on the landscape plan.

(w) "Landscape plan" means a plan to scale of not less than one inch equals 40 feet which shall show the location, size and variety of all plantings, water supply, contours and similar designations as the Director may require for sufficient clarity to indicate the nature and extent of the work proposed.

(x) "Micro irrigation" means sprinkler heads that put out less than 16 gallons of water per hour used.

(y) "Mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the solid surface to reduce evaporation.

(z) "New development" means any development for which a Development Plan is filed upon or after the effective date of this ordinance.

(aa) "Overspray" means water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non-landscaped areas.

(bb) "Pedestrian parkway" mean those median islands or pathways which are greater than eight feet wide and used as pedestrian pathways.

(cc) "Plumbing permits" means a form obtained at the public counter of the Development Department which allows for a fee, certain plumbing related modifications or installations to occur on a structure or to landscaping.

(dd) "Pop-up spray heads" means a water pressure activated head which pops up and sprays water through a nozzle.

(ee) "Precipitation rate" means the rate at which water is applied to the plants.

(ff) "Pressure vacuum breaker" means an assembly containing an independently operating loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located resilient seating test cocks and tightly closing resilient seating shut-off valves located at each end of the assembly. The entire assembly shall meet the design and performance specifications as determined by a laboratory and field evaluation program resulting in an approval by a recognized testing agency for backflow prevention assemblies. To be approved, these assemblies must be readily accessible for in-line testing and maintenance. The assembly must be installed a minimum of 12 inches above the highest water outlet, i.e. sprinkler head or tank fill.

(gg) "Rain gauge" means a system which automatically shuts off the irrigation system when it rains.

(hh) "Reduced pressure backflow preventer" means an assembly of two independently acting approved check valves together with a hydraulically operating mechanically independent pressure relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seating test cocks and tightly closing resilient seating shut-off valves at each end of the assembly. The entire assembly shall meet the design and performance specifications as determined by a laboratory and a field evaluation program resulting in an approval by a recognized testing agency for backflow prevention assemblies. The assembly shall operate to prevention assemblies. The assembly shall operate to maintain the pressure in the zone between the two check valves at an acceptable level less than the pressure on the public water supply side of the assembly. At cessation of a normal flow the pressure between the two check valves shall be less than the pressure on the public water supply side of the device. In case of leakage either of the check valves, the differential relief valve shall operate to maintain the reduced pressure in the zone between the check valves by discharging to the atmosphere. To be approved, these assemblies must be readily accessible for in-line testing and maintenance and be installed in a location where no part of the assembly will be submerged.

(ii) "Separately metered automatic irrigation system" means a system composed of pipes, valves, pumps, controllers and outlets to distribute water for landscape purposes. This system is not connected to the domestic water supply, but has a separate, metered, connection to the public water supply system.

(jj) "Shut off device" means a mechanical or electrically operated device used to terminate the flow of liquids in a piping system. These devices could be gate valves, ball valves, electrical solenoid valves, butterfly valves or globe valves.

(kk) "Slope irrigation" means applying water to vegetation on a slope.

(ll) "Soil moisture sensors" means a device which activate and deactivate irrigation valves watering shrubs and lawns.

(mm) "Sprinkler head" means a device which sprays water through a nozzle.

(nn) "Sprinkler precipitation rate" means the depth of water applied to a given area by an irrigation sprinkler, usually measured in inches per hour.

(oo) "Subsurface emitters" means a buried drip irrigation fittings that deliver water slowly from the system to the soil.

(pp) "Swing joint" means a series of elbows and nipples that allow the sprinkler to move and turn in any direction while maintaining grade.

(qq) "Turf" means a surface layer of earth containing grass with its roots.

(rr) "Turf allowance" means the amount or percentage of turn area permitted in relation to the entire landscaped area.

(ss) "Turf area" means the amount of turf included within a set of lines, specifically, the number of unit squares of turf equal in measure to the surface.

(tt) "Valve" means a device used to control the flow of water in the irrigation system.

(uu) "Warm season turf" means Bermuda grass, Hybrid Bermuda, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass and Buffalo grass and other turf that is dormant in winter.

(vv) "Water area" means that part of a landscape composed of water features such as pools, fountains and ponds.

(ww) "Water efficient practice" means the application of a method of landscaping which conserves the water.

(xx) "Watering zones" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A watering zone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated watering zone. (Added Ord. 94-108, § 3, eff. 12-30-94).

No consumer shall have the right, except with the written consent of the city, to assign any application made by such consumer or any right of such consumer thereunder, nor to use or permit any other person to use the water delivered to such consumer at any other place than the premises designated in such application, or for any purpose or purposes other than the purposes specified in such application. (Orig. Ord. 4481).

(a) All meters will be furnished and installed by the city, at its own expense, without additional charge, except in cases where special metering facilities are desired by the consumer. The point at which the meters shall be installed shall be subject to the city's approval, for the purpose of determining the amount of water delivered, the readings of each meter installed shall be deemed conclusive as to the quantity of water delivered through it, unless upon being tested such meter shall be found to be registering inaccurately and its inaccuracy shall exceed two per cent. In every case where the inaccuracy of any meter is more than two per cent, but nevertheless, can be approximately determined, the readings of such meter shall be corrected, but in all other cases where the inaccuracy of any installed meter shall, during any period of time, for any reason whatsoever, exceed two per cent, the amount of the water delivered through such meter during such period shall be estimated by the city according to all available information, but no correction for inaccuracy of meter measurement shall be made in any bill rendered by the city, unless the party complaining of such inaccuracy shall request such correction within thirty days after the rendition of such bill.

(b) All meters will be tested at the time of their installation, and no meter will be placed in service or allowed to remain in service which has an error of registration in excess of two per cent under the conditions of normal operation. Upon giving the city at least five days' notice, the consumer shall have the right to require the city to test his service meter in his presence, or in the presence of an expert or other representative appointed by him; provided, however, that if special tests are required by the consumer oftener than once in five years, a reasonable charge, based upon the cost to the city, shall be made for each additional test; provided, however, that if the results of any such test shows that the meter is registering a deviation in excess of two per cent under the conditions of normal operation, then no charge shall be made for such test. (Orig. Ord. 4481; Am. Ord. 70-13, 1970).

Meters (including meters required on private wells), appliances, apparatus, and fixtures of every description installed by the city, or requested by the city and installed by others, upon the consumer's premises for the purpose of delivering water to the consumer, shall continue to be the property of the city, and may be repaired, replaced or removed by it at any time. No rent or other charge whatsoever shall be made by the consumer against the city for placing or maintaining said meters, appliances, apparatus or fixtures upon the consumer's premises. The consumer shall exercise reasonable care to prevent the meter, appliances, apparatus and fixtures of the city upon said premises from being injured or destroyed and shall refrain from interfering with the same, and in case any defect thereof shall be discovered, shall immediately notify the city thereof. (Orig. Ord. 4481; Am. Ord. 85-22, § 7, eff. 3-22-85).

(a) The consumer shall, at his own risk and expense, furnish, install and keep in good and safe condition all water pipes, machinery, and apparatus which may be required for receiving water from the city at the point of delivery and for applying and utilizing such water; and the city shall not be responsible for any loss or damage occasioned or caused by negligence or want of care on the part of the consumer in installing, maintaining, using, or operating such water pipes, apparatus, appliances, or fixtures.

(b) No alterations, addition, or disconnection in or about any water pipes or apparatus of the city water system shall be made without written permission granted by the Water Division.

(c) No consumer shall make, or allow any other person to make, any connection to or extension of such consumer's piping for the purpose of supplying any other consumer with water service, except by the express prior written consent of the city. The Director of Public Works, or his authorized representative, is hereby authorized to act for and on behalf of the city for the purpose of this section. In addition to prosecution for violation of this section, violators shall be subject to discontinuance of water service until such connection has been disconnected, and the fee designated in the Master Fee Resolution for inspection and reconnection shall be charged for restoration of service. (Orig. Ord. 4481; Am. Ord. 70-13, 1970; Am. Ord. 80-115, § 151, eff. 8-8-80).

(a) Complete schedules of all rates legally in effect as designated in the Master Fee Resolution, shall be kept at all times in the City Clerk's office where they will be available for public inspection. The rates and minimum charges set forth in the effective rate schedules are based upon the city's supply through one meter, except that where the city shall, for operating convenience, install in place of one meter, two or more meters, then the readings of such two or more meters shall be combined for the purpose of making charges. Where submeters or secondary meters are desired by the consumer, such meters will be charged for separately on the monthly rental basis.

(b) The unmetered service rates and minimum charges set forth in the Master Fee Resolution are based upon the delivery of service to each separate premises, provided that if water service is used from the same service connection in small houses located on the same lot as and in the rear of the house paying the irrigation charge for such lot, no additional irrigation minimum charge shall be made in connection with such small houses. (Orig. Ord. 4481; Am. Ord. 80-115, § 152, eff. 8-8-80).

(a) Should any consumer who is receiving unmetered service desire to be furnished with metered service, then upon receipt by the city from the consumer of a written application to the city therefor, on a form furnished by the city for that purpose, said application being made to the city at its offices in Fresno at least thirty days prior to the date on which such metered service is desired, the city shall install a meter as outlined in the rules and regulations and furnish such metered service, provided that whenever any consumer changes from unmetered service to metered service, as aforesaid, such metered service shall continue until changed as hereinafter provided.

(b) Should any consumer who is receiving metered service desire to be furnished with unmetered service, then upon receipt by the city from the consumer of a written application to the city therefor, on a form furnished by the city for that purpose, said application being made to the city at its office in Fresno at least ten days prior to the date on which such unmetered service is desired, the city may, at its option, grant or deny such application.

(c) The city may, by giving the consumer ten days written notice of its intention so to do, change the delivery of its service to said consumer from unmetered service to that of metered service.

(d) The city may, with the consent of the consumer, change the delivery of its service from metered service to that of unmetered service. (Orig. Ord. 4481).

The city will, if in its opinion the furnishing of such service will not work an undue hardship upon its then existing consumers, furnish temporary service under the following conditions and as set forth in the rate schedules herein contained:

(1) The applicant for such temporary service will be required to pay to the city, in advance or otherwise as the city may elect, the cost of installing and removing any facilities necessary in connection with the furnishing of such service by the city.

(2) Each applicant for temporary service will be required to deposit with the city a sum of money equal to the estimated amount of the city's bill for such service or to otherwise secure, in a manner satisfactory to the city, the payment of any bills which may accrue by reason of such service so furnished or supplied.

(3) Nothing in this rule shall be construed as limiting or in any way affecting the right of the city to collect from the consumer any other or additional sum of money which may become due and payable to the city from the consumer by reason of the temporary service furnished or to be furnished hereunder. (Orig. Ord. 4481).

If any part of the consumer's installation shall at any time in the opinion of the city be inadequate or unsafe, the city shall have the right, to be exercised at its option, to cease delivering water until the consumer shall put such installation in adequate and safe condition. The city does not assume the duty of inspecting the consumer's apparatus, appliances, or equipment, or any part thereof, except as specified in Article 8 for cross-connection control devices, and assumes no liability therefor. In the event the water service apparatus to the consumer is defective, the consumer shall immediately notify the city of the fact. (Added Ord. 72-2, 1972; Am. Ord. 2002-3, § 10, eff. 2-11-02).

The Water Division representatives shall, at all times, have the right of ingress to and egress from the consumer's premises at all reasonable hours for any and all purposes reasonably connected with the furnishing of water, including access to premises wherein meters are required on private wells, and to exercise any and all rights secured to the city by law or these rules and regulations. (Orig. Ord. 4481; Am. Ord. 85-22, § 8, eff. 3-22-85).

(a) No person other than a duly authorized employee of the city shall connect any consumer's water pipes and apparatus with the city's mains. No person other than a duly authorized employee of the city shall open or turn on any city water valve regulating the flow of water from the city water mains to any consumer's premises after such valve shall have been turned off by the city for non-payment of charges for water or at the request of the present consumer or a previous consumer, or for any other reason.

(b) No owner, lessee, tenant or other person in possession of or having charge and control of any premises connected to the city water system shall use or permit to be used any water from such system through the consumer's water pipes connected with such system, unless prior to such use, water service to such premises shall have been granted by the city pursuant to application made by such person or the person under whom he holds such possession or charge and control, and such water service has not been discontinued in any manner set forth in subsection (a) of this section.

(c) A special charge in the amount designated in the Master Fee Resolution shall be assessed against any person or persons violating any provision of subsections (a) or (b). This special charge shall cover the expense to the city of checking such water main or connection and turning it off again after it has been turned on in violation of subsection (a) or (b). This charge shall be in addition to any other remedy, civil or penal, which may be available to the city to enforce the provisions hereof, and all such remedies shall be cumulative at the election of the city.

(d) Any repair to or replacement of city property necessitated by a violation of this section, and the installation of any device necessary to prevent further violations of this section, shall be made at the expense of the consumer, at the rate designated in the Master Fee Resolution. (Orig. Ord. 4481; Am. Ord. 5743, 1960; Am. Ord. 80-115, § 155, eff. 8-8-80; Am. Ord. 80-132, § 16, eff. 10-3-80).

(a) When it is necessary to use water temporarily in connection with any type of construction or other operation at a place where the supply is inadequate for such purposes, application may be made to the Water Division for a permit to use water from a fire hydrant.

(b) No person other than a duly authorized employee of the city shall use water from, or connect any apparatus to, a fire hydrant without first obtaining a permit from the Water Division and securely attaching such permit to the fire hydrant at a conspicuous place near the point of connection.

(c) Each permit shall specify the fire hydrant or hydrants authorized to be used and no person shall attach such permit to any other hydrant, nor shall any person remove, obliterate, deface, or obscure any permit.

(d) No person other than a duly authorized employee of the city shall attach to the operating stem or cap of a fire hydrant any wrench or tool that is not approved by the Water Division for use on fire hydrants.

(e) Any permit, wrench, connecting apparatus, valve, hose, or other apparatus attached to a fire hydrant in violation of this section shall be subject to removal and confiscation by the city.

(f) The applicable water rate, determined as specified in Section 6-504, shall be doubled for water used in violation of this section, subject to the minimum charge designated in the Master Fee Resolution. No permit or additional permit shall be issued to any person who is in violation of this section until all such charges have been paid.

(Added Ord. 70-13, 1970; Am. Ord. 80-115, § 156, eff. 8-8-80).

(a) Deposits for the use of equipment and charges for the installation thereof shall be designated in the Master Fee Resolution.

(b) The deposits required by this section shall be refunded to the customer upon the return of all equipment, provided that deductions shall be made for water service charges due, and for the cost of repair or replacement of damaged equipment. Failure to return all equipment no later than five days after termination of use or the expiration of the water permit may result in a forfeiture of all deposits.

(c) Contractors using water in connection with city construction contracts shall not be required to make any deposit for the use of equipment.

(Added Ord. 70-13, 1970; Am. Ord. 80-115, § 157, eff. 8-8-80).

(a) Notwithstanding any other provision of this Code, this section shall apply to development in any area of the city designated by the Council (by ordinance, resolution, official plan or policy) for which the Council has determined adequate water capacity is uncertain, due to ground water contamination, pollution, condition of drought, or emergency within the meaning of Public Resources Code Section 21060.3 resulting in a condition which is dangerous to the health or safety or both of the residents of the area.

(b) The Council may require all development not yet constructed in any area of the city, as provided in Subdivision (a) where water capacity is uncertain, including approved tentative subdivision and tentative parcel maps and all other development subject to a special permit for which building permits have not yet been issued, to be subjected to the water findings procedure of the Woodward Park Community Plan, adopted by the Council on December 5, 1989, for determining if an adequate supply of water is available. In such situations the Council may impose conditions of approval deemed necessary by the Public Works Director or the Fire Chief which will ensure that an adequate supply of water is available at the time of occupancy of the development. These conditions of approval may include but are not limited to construction of facilities to enhance the supply or delivery of water to the development.

(c) All development for which building permits have not yet been issued in any area of the city, as provided in Subdivision (a) where water capacity is uncertain, shall be subject to all fees established by the Council for water system enhancements, including but not limited to the water capacity fee in accordance with the provisions of Section 6-507 and the Master Fee Resolution.

(Added Ord. 90-2, § 9, eff. 1-8-90; Am. Ord. 2017-19, § 8, eff. 6-18-17).