Grass Valley Municipal Code Ch. 13.04 Water Service System

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed within this section.

"Cross-connection" means any physical connection between the piping system from the city service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the city distribution mains.

"Distribution mains" means water lines in streets and rights-of-way used for general distribution of water from which service is available to the customer.

"Finance director" means the director of the Grass Valley finance department.

"Premises" means a lot or parcel of property under one ownership except where there are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by the several tenants, in which case each portion shall be termed separate premises. Apartment houses and office buildings may be classified as single premises.

"Private fire protection service" relates to fire hydrants connected to the fire distribution system and made available to designated fire protection agencies.

"Regular service" means water service rendered for normal domestic, commercial, industrial and irrigation purposes on a permanent basis and for which the general rates and regulations are applicable.

"Service applicant" means any customer that has applied for water service including property owners, occupants and tenants. The service applicant is also the party to be billed. In the case of properties used for commercial purposes and master-metered apartment buildings, the service applicant is always the property owner.

"Service connection" means the pipe line and appurtenant facilities such as the curb stop, meter and meter box all used to extend water service from the distribution main to the customer's premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be termed a separate service.

"Temporary service" means one especially installed for construction work, single-season irrigation and other uses of limited duration.

"Water department" means the department which shall construct, operate and maintain the city water distribution and treatment system, and such department is hereby established within the department of public works.

"Well" or "water well" means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include:

A. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells; or

B. Wells used for the purpose of:

1. Dewatering excavation during construction, or

2. Stabilizing hillsides or earth embankments.

(Ord. 544 § 1, 1996: prior code § 23-1)

The director of finance shall set up and maintain in the city accounts a special fund to be known as the "water utility fund." The fund shall be augmented, maintained and diminished subject to the provisions of this chapter.

(Prior code § 23-2)

The funds received from the collection of all the fees and charges authorized by this chapter shall be deposited by the director of finance in appropriate funds of the city established by the city council upon recommendation of the director of finance.

(Prior code § 23-3)

All facilities shall be the property of the city.

(Prior code § 23-4)

A. Any person who violates any of the provisions of this chapter is guilty of an infraction punishable under Chapter 1.12 of this Code. Each separate day or any portion thereof during which any violation occurs or continues is a separate offense.

B. Any person found to be violating any of the foregoing provisions of this chapter, or any amendments to it, shall be served with a written notice by the city stating the nature of the violation and requiring a time limit for the satisfactory correction of it. Any person who shall continue any such violation beyond the time specified in such notice shall be guilty of an infraction as provided in subsection A., of this section; provided, however, that if the city engineer determines that the violation results in a public hazard or menace to the public health or safety, he may enter upon the premises without notice and do everything necessary to abate such hazard or menace to the public health or safety. The actual cost incurred by the engineer in taking such abatement action shall be a legal charge against the violator.

C. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.

D. The city engineer and the director of finance are charged with enforcement of the provisions of this chapter relating to their separate office and with the coordination of all city, county and district officials and departments in order to achieve its purpose.

(Prior code § 23-5; Ord. No. 789, § 1, 9-12-2017)

The city will furnish water service in accordance with regulations contained in this chapter and other applicable provisions of this code, ordinances and resolutions. The city council shall regulate the charges for continuance or discontinuance and application for service by resolution. If application is made for service to property where no service connection has been installed or a part of a service connection has been installed but no regular service has been rendered to the property, the applicant, in addition to making application for the service, shall comply with the regulations governing the installation of service connections.

A. The applicant shall, besides paying the charges for installing a new service connection, pay a water main construction fee as specified by the city council in a resolution.

B. Where an extension of the distribution mains is necessary to furnish the service requested, the applicant shall comply with all other requirements set forth in this section and also those under Section 13.04.130 of this chapter.

C. Each applicant for water service shall be required to sign an application form provided by the city. Such application will signify the customer's willingness and intention to comply with these regulations and to make payment for water service rendered.

(Prior code § 23-6)

The city council, by resolution, may from time to time establish a policy applicable to the service of water to users located outside the limits of the city in accordance of the requirements specified in the California Government Code. The city's preference is to annex property prior to or in conjunction with providing water service, but under certain criteria, the city may extend services. Such criteria shall be evaluated as part of the city engineer's report as discussed in this chapter and shall include, but not be limited to: consistency of present uses and future potential land uses with city's general plan; public health and/or safety interest to extending water service to this area; the property owner's willingness to enter into an annexation agreement not necessarily date-specific (if required by the city council); and social and economic benefit and/or impact to the city either from the investment provided through the extension of public infrastructure; the development of other improvements or community benefit such as parks, trails or affordable housing, or the creation of local jobs. Any land outside the corporate limits receiving water service from the city on the effective date of this chapter may continue to be served, subject to all of the provisions of this chapter and all other rules of the city, at the rates, charges and penalties established by action of the city council.

(Prior code § 23-7; Ord. No. 702, § 1, 5-12-2009; Ord. No. 735, § 1, 4-24-2012)

An application for service will not be honored unless payment in full has been made, together with an additional penalty for reconnection equal to twenty-five percent of the delinquent amount for water service previously rendered to the applicant by the city. If the city recorded a lien on the property due to the delinquent payment or had the county record the delinquency on the tax roll, the city upon receipt of payment in full for the delinquency and related penalty shall either provide a recordable release of lien or a credit for future water service equivalent to the amount of the delinquency recorded on the tax roll.

(Prior code § 23-8; Ord. No. 702, § 1, 5-12-2009)

A. No new water connection service shall be established in the city without first obtaining a water connection permit from the building department on a form approved by the department of public works. A set of plans indicating the type and location of the proposed water connection shall be submitted to the building department for the department of public works approval. A fee for such permit shall be established by resolution of the city council. All new water services or connections shall be inspected and approved by either the building department or the department of public works before such new water services or connections are completed. The building department shall notify the finance director of the date a property is provided with water services.

B. Water services will be installed in size and at the location desired by the applicant where such requests are adjudged by the department of public works or the city council to be reasonable. Service installations will be made only to property abutting on public streets or to such distribution mains as may be constructed in alleys or rights of way at the convenience of the department of public works. Services installed in new subdivisions prior to the construction of streets or in advance of street improvements must be accepted by the applicant in the installed location. New service connections may be constructed by the city at its option, but at the expense and sole responsibility of the property owner.

C. Title to all equipment and materials furnished shall remain for all time within the city.

D. Services shall be charged at actual cost to the city, plus thirty percent of the labor for supervision; the charge for same shall be due and payable as soon as the work is completed.

(Prior code § 23-9)

A. Any person desiring to change the location of any water service that has been installed, shall make application to the water department for such change, and such department, if in its judgment deems such a change to be necessary or advisable, will cause such change to be made.

B. The applicant requesting such change shall become liable to the city for the cost of all labor, equipment, materials and overhead used.

C. Such charges are due upon the completion of the work referred to in this section.

(Prior code § 23-10)

Temporary service will be furnished in conformity with the general regulations applicable and as additionally specified in this section:

A. The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish such service, exclusive of the cost of salvageable material. Upon discontinuance of service the actual cost shall be determined and an adjustment made as an additional charge, refund or credit.

B. All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions.

C. The rates for regular service shall be applicable.

(Prior code § 23-11)

A. Water service may be refused or discontinued to any premises where apparatus or appliances are in use which will endanger the service to other customers.

B. Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of state or federal laws.

C. Water service may be discontinued if necessary to protect the city against fraud practiced by the customer.

D. Customers desiring to discontinue service should so notify the water department at least one working day prior to vacating the premises. Unless discontinuance of service is ordered in writing, the customer shall be liable for charges, whether or not any water is used.

(Prior code § 23-12)

The preparation of plans and specifications, and construction of all public water facilities shall comply in every respect with the latest version of the City of Grass Valley Improvement Standards approved by city council, except with the prior written approval of the engineer.

(Ord. No. 735, § 1, 4-24-2012)

Applicants for service beyond the limits of the existing water system may secure service providing they comply with the following provisions:

A. A request shall be filed with the city engineer indicating the property proposed to be served and the use to be made thereof. The engineer shall analyze the request in respect to the master water plan, and other engineering factors, and submit a report of his findings and recommendation to the city council for its consideration and action.

B. The general policy concerning the assignment of construction cost shall be as follows:

1. All lines shall be constructed at the cost of the applicant unless the city council determines that it is in the best interest of the city to share such costs;

2. All in-tract construction in new subdivisions shall extend to the limits of the property and shall include all looping and other supplementary lines that are necessary in order that future contiguous subdivisions can connect directly onto such subdivision, thus providing for the orderly development of the system;

3. If any additional construction is necessary to extend lines from existing mains to the applicant's property or subdivision, as occurs in "leapfrog" development, it shall be constructed from funds other than those of the city.

C. In the event that an individual constructs lines and such lines are later included within the boundaries of an assessment district formed to finance such construction, the cost of such construction will be returned to such individual by the district; provided, that the cost returned shall not exceed the actual cost to the individual for the district cost for a similar quantity of work, whichever is smaller. In the absence of such district financing, the city may enter into an agreement with such individual under the terms of which the city will reimburse him for that portion of the cost of the line over and above the cost applicable to his premises; provided, that the source of funds for reimbursement shall be from a front-foot construction charge collected from other users of the lines; and provided, further, that such agreement is terminated within ten years from date thereof.

D. If a service connection is made directly into a main which has been constructed after the date of the ordinance codified in this section and which has not been constructed and financed through an assessment district or through any other means in which the applicant has a vested interest, there shall be paid by the applicant a front-foot construction charge at the rate as specified by city council resolution per foot of street frontage of his lot, or a logical divisible portion of large lots or acreage; provided, that corner lots shall be computed on the basis of the sum of the front footages less one hundred feet, subject to a minimum charge as specified by city council resolution for any one building site. The front-foot construction charge shall be in addition to any other charge prescribed herein.

E. Funds or money collected or deposited as prescribed for installing service connections, the acreage charge or water main construction fee, and the front-foot construction charge shall be deposited into the water surplus revenue fund of the city to be used for the purposes herein described for the expense of installing additional service connection, and for making other extensions to the distribution system.

F. When it is necessary for the city to make an expenditure, the following interests of the city shall be considered:

1. Will it improve service in respect to water quality, pressure, reliability of service and adequacy of water for fire protection; or

2. Will the investment prove to be a financial benefit to the water department operation; or,

3. Is the investment a justifiable social or indirect economic benefit to the city; and

4. Does the investment benefit the city in contrast to the individual?

The above provisions shall not require nor prohibit the city council from approving or disapproving applications or making expenditures for other water line construction. Neither do these provisions apply to the replacement of old or undersized lines within the existing system.

(Prior code § 23-13)

The applicant for water service may apply for as many services as may be reasonably required for his premises; provided, that the pipeline system from each service be independent of the others and that they not be interconnected.

(Prior code § 23-14)

The customer shall provide a valve on his side of the service installation to control the flow of water to the piping on his premises. The customer shall not use the service curb stop to turn water on and off for his convenience.

(Prior code § 23-15)

All customers must comply with state, federal and local laws governing the separation of dual water systems or installations of backflow protective devices to protect the public water supply from the danger of cross-connections.

(Ord. 471 § 1, 1991: prior code § 23-16)

Not more than one premises shall be served from each service connection.

(Prior code § 23-17)

City-owned fire hydrants are for use by the fire department and by the water department. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the water department prior to use and shall operate the hydrant in accordance with instructions issued by the water department.

(Prior code § 23-18)

City-owned fire hydrants will be moved at the request of property owners where such requests are reasonable. All costs shall be borne by the party requesting such relocation.

(Prior code § 23-19)

A. All facilities installed on private property by the water department for the purpose of rendering water service shall remain the property of the city and may be maintained, repaired or replaced by the water department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities.

B. No payment shall be made by the city for placing or maintaining such facilities on private property.

C. The customer shall be liable for any damage to the city-owned customer water service facilities when such damage is from causes originating on the premises.

(Prior code § 23-20)

Consumers must prevent all waste of water and keep their service pipes, fixtures, stopcocks and other apparatus (excepting the service installed and owned by the city) in good repair and free from leakage at their own expense, and they will be liable for all damages which may result from their failure to do so.

(Prior code § 23-21)

A. No person other than a duly authorized employee of the city shall turn on water at any service. It shall be the duty of the water department to report any violation of this section to the city attorney.

B. No one except an authorized employee of the water department shall turn the water on or off from any building or premises at the city curb cock, or connect or disconnect or in any way tamper with any pipes, for service connection facilities, or with any other part of the water system of the city.

(Prior code § 23-22)

No user of water supplied by the city shall supply water to users on a piece of property held by another owner.

(Prior code § 23-23)

All faucets, sprinklers, hose nozzles or other continuous streams must be shut off promptly upon the alarm of fire or other emergency or disaster; the water not to be turned on again until the fire is known to be extinguished.

(Prior code § 23-24)

The city reserves the right at any time to shut off the water in its mains for the purpose of making extensions or repairs, or for other purposes, and all persons having boilers within their premises not supplied with tanks or cisterns, but depending upon the pipes of the city to keep them supplied, are cautioned against danger of collapse or other damage. The city shall not be liable for damage which may result from an interruption in service from any cause beyond the control of the water department.

(Prior code § 23-25)

Whenever a service applicant voluntarily or involuntarily has his or her water service terminated by the city, the city shall charge an administrative service fee to reestablish water billing services to the property. The amount of the administrative service fee for restarting billing services shall be established by resolution of the city council.

(Ord. 544, § 2, 1996; prior code § 23-25.1; Ord. No. 735, § 1, 4-24-2012)

A. Water service charges to a property shall begin for a preexisting structure when the service applicant of the property notifies the finance director to activate such water service, and shall begin for a new water service at the completion of all the work required in the water connection permit for the property.

B. Separate bills will be rendered for each service installation except where the department has, for its own convenience, installed two or more services in place of one. The city council may authorize a bimonthly billing system.

C. All water service charges shall be billed to the service applicant.

D. Deposits equal to three months of the city average residential water bill may be collected from the service applicant when the service applicant is not the property owner. Deposits shall be based upon the creditworthiness of the service applicant as defined in Section 10009.6(a) and (c) of the State of California Public Utilities Code. Such deposits shall be returned after the service applicant has established a payment history with the city over a twelve-month period with all payments made prior to the ten-day notice date defined in Section 13.04.310 of this chapter. If it is determined that a deposit is required and the service applicant fails to provide such deposit within a reasonable amount of time, the water service may be disconnected without further notice.

(Ord. 544 § 3, 1996: prior code § 23-26)

Water rates shall be established and fixed, from time to time, by resolution of the city council according to the standard set forth in Section 13.04.290.

(Prior code § 23-27)

In fixing and establishing water utility rates, fees or charges, the city council shall be guided by, and conform to, the following standards:

A. Water rates, fees or charges shall be sufficient to recover all costs or expenses incurred by the water utility, such as:

1. Operation, maintenance, salaries, wages and benefits;

2. Depreciation and replacement of obsolete treatment, storage, or collection systems, facilities or apparatus;

3. Capital improvement program;

4. Research for and, if feasible, development of alternative water supplies;

5. Payments of bonded indebtedness or other financing methods, including principal, interest, and any required reserves;

6. Reserves for contingencies or unanticipated expenditures;

7. Other reasonable charges or transfer expenses that may occur from time to time.

B. In the event that revenue exceeds costs and expenses as defined in subdivisions 1 through 7, by one hundred thousand dollars in any given fiscal year, the city council shall apply the excess to the current debt principal on the one million five hundred thousand dollar loan on the Empire Street Reservoir.

(Prior code § 23-28)

Where meters are allowed, if a meter is found to be not registering, the charges for service shall be based on the estimated consumption. Such estimates shall be made from previous consumption for a comparable period or by some other equitable method.

(Prior code § 23-29)

A. All water service charges and all other charges provided for in this chapter are due and payable on presentation. If the charges remain unpaid for forty-five days after the billing date thereof, a service applicant's water service may be disconnected.

B. The finance director shall, at least ten days prior to the proposed termination, notify the service applicant by means of a notice mailed, postage prepaid; the ten-day period shall not commence until five days after the date of mailing the notice. At least two days prior to the disconnection of service, the city shall hand deliver to the service address a notice that the service will be disconnected.

C. When an account becomes delinquent the full amount of the delinquent and current bill must be paid to avoid disconnecting the service.

D. When the supply of water has been turned off for a violation of any section of this chapter, such supply of water shall not be turned on again except upon payment of all charges due, together with an additional penalty for reconnection equal to twenty-five percent of the delinquent amount. An exception to this is that when the service applicant is not the property owner and there is a change in tenancy at a property, all charges due and penalties will continue to be billed to the service applicant that incurred the costs or the property owner if service applicant remains delinquent for more than forty-five calendar days in accordance with the process outlined in paragraph E. of this section, and service to a new service applicant may be provided.

E. In addition to any other remedy provided in this chapter for the enforcement and collection of any water impact fee, connection charge or service charge, all rates or other charges provided for in this chapter shall be charged against the property on which furnished and against the owner of record thereof and shall be deemed delinquent at the same time and in the same manner as the next regular water bill and shall be a lien against the property where furnished, and any steps authorized by law may be taken by the city to enforce payment of such lien. No change of ownership or occupation shall in any way affect the application of this section. An exception to this is that the city will attempt to collect billings to properties with a service applicant other than the property owner first from the service applicant. If all such attempts fail, the city council may authorize the placement of such delinquent bills on the Nevada County tax roll.

(Prior code § 23-30; Ord. 459, § 35, 1991; Ord. No. 544, § 4, 1996; Ord. No. 702, § 1, 5-12-2009; Ord. No. 735, § 1, 4-24-2012)

Water rates will be charged for premises vacated in every instance until the city shall have been notified in writing of the discontinuance of the use of water and is requested to turn off the water.

(Prior code § 23-31)

A. No person shall place trash, dirt, building materials or other objects or obstructions on meter boxes or around or adjacent to fire hydrants, and no person shall allow the same to become obstructed or obscured by vines, trees, shrubs or other plants in any manner so as to make their location difficult to determine, or to in any way interfere with or render difficult to determine, or to in any way interfere with or render difficult free access to, or use of, such meter boxes and fire hydrants.

B. In the event of such obstruction or obscuring, notice shall be given by the water department to the property served by such meter or adjacent to such hydrant; such notice shall contain the requirement that the obstruction, whether a growing thing or otherwise, be removed within twenty-four hours.

C. In the case of a meter box being obstructed or obscured, a penalty charge of one dollar shall be placed upon the water bill and charged to the consumer to defray the cost of the meter reader's return to read the meter. Such penalty shall be added to the water bill and collected in the same manner and under the same condition as water rates are collected.

(Prior code § 23-32)

Sprinkler system service will be furnished in conformity with the general regulations applicable and as additionally specified in this regulation.

A. The applicant shall pay the total actual cost of the installation, as noted in Section 13.04.090, of the service from the distribution main to the customer premises, including the cost of a detector check valve or other suitable and equivalent device, valve and meter box. Such installation shall become the property of the city.

B. There shall be no connections between a sprinkler system and any other water distribution system on the premises.

C. There shall be no water used through the sprinkler system service except to extinguish accidental fires and for testing firefighting equipment.

D. Any consumption recorded on the sprinkler system meter will be charged at four times the regular service rates except that no charge will be made for water used to extinguish accidental fires where such fires have been reported to the fire department.

E. Service may be discontinued for violation of the regulations set forth in this section.

(Prior code § 23-33)

Representatives from the water department shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.

(Prior code § 23-34)