Hayward Municipal Code Art. 2 Hayward Municipal Water System

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Note— Replaced in its entirety by Ordinance 03-13, adopted September 23, 2003; Amended by Ordinance 07-13, adopted November 6, 2007; Amended by Ordinance 10-05, adopted February 2, 2010; Amended by Ordinance 12-11, adopted November 27, 2012; Section 11-2.40 amended by Ordinance 13-25, adopted December 17, 2013; Section 11-2.46 amended by Ordinance 15-26, adopted October 27, 2015.

For the purposes of this Article, certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that a different meaning is intended.

a. Applicant. Any person, business, organization or agency that applies for water service.

b. Backflow Prevention. Prevention of a condition, caused by a differential in pressure, that causes the flow of water or other liquids, gases, mixtures or substances into the distributing pipes of a potable water supply from any source or sources other than an approved water supply source.

c. City. The City of Hayward, a charter city.

d. Cross-Connection. Any unprotected actual or potential connection between a potable water system and any source or system containing water or substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections.

e. Customer. Any person, business, organization or other agency that obtains water from the Hayward Water System.

f. Fire Service Connection. A service connection to furnish water solely for extinguishing fires or testing of firefighting systems.

g. Hayward Municipal Water System. All of the property, heretofore or hereafter constructed and/or owned by the City of Hayward, for the treatment, storage and distribution of water. It includes land, reservoirs, pipes and appurtenances, pumping stations, wells, and all other general property. Also known as Water System.

h. Irrigation Meter. A water meter used exclusively to measure the volume of water used for landscape irrigation purposes.

i. Meter. A device used to measure the quantity of water delivered to a customer.

j. Person. Any person, firm, partnership, association, corporation, company, organization, or governmental entity.

k. Premises. Any lot, piece or parcel of land, any building or other structure or any part of any building or structure used or useful for human habitation or gathering or for carrying on a business or occupation. Any other unit that can be separately owned, such as a condominium unit, shall also be considered one (1) premise.

l. Service Charge. A fixed bi-monthly charge for customer service, meter reading, billing, and meter maintenance.

m. Water. Potable water from the Hayward Municipal Water System.

n. Water Usage Charge. A charge based on the volume of water delivered to a customer during a bi-monthly billing period.

o. Water Distribution Main. All pipelines owned by the City and used to distribute water to individual customers.

p. Water Facilities Fee. A fee that is paid to: (a) buy into existing public water system facilities; and (b) fund the future construction of facilities needed for development. The Facilities Fee paid therefore represents the proportion of the existing system that will be used by the new customer and the proportion of costs of future projects that will be needed to serve the new customer.

q. Water Service Connection. The physical connection of the customer's pipe with the City's pipe, meter, or other facility owned by the City.

(Amended by Ordinance 17-07, adopted June 6, 2017)

All persons desiring water service from the Hayward Municipal Water System shall make application therefore at the City.

Said application shall be made in the manner prescribed by the Director of Public Works and shall be subject to approval of the Director of Public Works or authorized representative.

Applicants are required to establish and maintain credit to the satisfaction of the Director of Public Works or authorized representative. A deposit is required from all customers who have not established credit with the water system. The deposit for a single-family residential customer shall be in an amount approximately two (2) times the estimated bi-monthly billing. The deposit for a multi-family residential customer shall be in an amount approximately two (2) times the estimated bi-monthly billing. The deposit for a commercial or industrial customer shall be in an amount equal to an estimated bi-monthly billing period.

When service has been commenced to a customer with the understanding that the deposit shall be paid and such deposit is not made within five (5) days, service may be discontinued until such deposit and any connection charges are paid.

The deposit shall be retained for two (2) years from the date of deposit and is then subject to refund to the customer if the service has been continuous and bills have been paid within thirty-five (35) days from date of billing. If service is discontinued during this period, the deposit less the final bill will be refunded. No interest shall be paid on customers' deposits.

Deposits which remain unclaimed at the expiration of four (4) years from the date of service termination will become the property of the Water System.

Standard service connections shall consist of ¾ inch service pipe and ⅝ × ¾ inch meter.

Applicants may have a larger connection if they desire, provided that the Director of Public Works determines that sufficient water supply is available and that a larger connection will cause no adverse impact on water service, including fire protection. Larger connections shall also be approved if required by the Fire Department. Applicant shall pay for the difference in cost between the standard service and a larger connection.

The Director of Public Works or authorized representative reserves the right to determine the location of each meter and service connection.

No person other than an authorized City of Hayward employee may connect water service to, or disconnect water service from, a Water System facility.

Where a service connection is already in existence, a meter activation charge shall be paid by the applicant to cover the cost of reinstating such service.

The applicant shall pay all costs of installing a new water service connection if a water service connection is not already installed on the premises or if the existing water service connection does not meet Water System standards.

Service connection (installation) fees for services and meters that are two (2) inches or smaller shall be in accordance with fixed rates set by resolution of the City Council, unless otherwise determined. Service connection (installation) costs for meters that are larger than two (2) inches will be calculated by the City based on time and materials and will include: costs of all materials, including, but not limited to, fittings, valves, pipe, meter, meter box, plus five percent (5%) of the total cost of materials for storage and handling; labor and equipment costs, including, but not limited to, necessary sawcutting, concrete, asphalt patching, and spoils disposal; other costs incurred due to any peculiarities of the installation; and three percent (3%) of the total of the preceding items for administrative costs.

In the event that an applicant decides not to complete the installation of the water connection, the costs of any work already performed related to the water connection will be deducted from the fees and the remaining fees will be returned to the applicant.

The Director of Public Works is hereby empowered to cause estimates to be made and to fix the charges for service connections based on the assumption that the water distribution main is located on the center line of a public street, alley or way and that there will be used twenty-four (24) lineal feet of service pipe, notwithstanding that said water distribution main is actually located other than on said center line.

Services larger than two (2) inches, and unusually long or difficult service connections of any size, may be charged on an actual cost basis.

All service connection charges shall be due and actually paid before any work is commenced.

Title to all meters and materials used in making a water service connection shall be with the Hayward Municipal Water System.

Water service meters shall be installed only in public streets, alleys or ways, or in areas designated by the Director of Public Works. It shall be unlawful for any customer to enclose by a fence or wall or otherwise obstruct access to water service meters unless prior approval is obtained from the Director of Public Works and arrangements acceptable to the Director of Public Works have been made for convenient access.

Appendix A, entitled 'Control of Backflow and Cross Connection Control Regulations,' attached hereto and by such reference incorporated herein and made part of as though set forth in full, is hereby adopted.

No one (1) service connection shall service more than one (1) premises.

Where more than one (1) customer is supplied through one (1) service connection and one (1) meter, the City shall hold the owner of the property (or other person, if agreed upon by all parties including the City) responsible for payment of all water furnished through said one (1) service connection and one (1) meter.

Where practicable to serve each customer through a separate service connection, the City, at its sole discretion, may install separate service connections and meters for each customer at the property owner's or customer's expense, and collect at the established meter rates for water supplied through each meter.

It shall be unlawful to construct any hydro-pneumatic water system in the City of Hayward with the exception of any such system meeting all of the following criteria:

a. The system is located on private property on the service side of the meter;

b. The system serves only one (1) single family residence; and

c. Provisions of Section 11-2.09, Backflow Prevention and Cross-Connection Control, are met.

Notwithstanding the foregoing, it shall not be unlawful to repair or maintain a hydro-pneumatic water system constructed before the effective date of this section or lawfully installed hereafter.

All water meters shall be maintained, repaired, and replaced by the City.

Where replacements or adjustments for any meter or service are necessary by the act, neglect or carelessness of the owner or occupant of any premises, any expense thereby caused to the City shall be charged against and collected from the owner or occupant of the premises.

Any customer desiring a test to be made on the accuracy of his water meter may deposit with the City an amount determined by the Director of Public Works or authorized representative to be the estimated cost of conducting the test, and the test will be made accordingly. The customer shall be notified at least 24 hours in advance and must be represented at such test.

If the meter is found to over-register more than three percent (3%) to five percent (5%), depending upon the type of meter and in accordance with Suggested Accuracy Test Flow Rates issued by the American Water Works Association, an accurate meter shall be installed, the deposit shall be repaid to depositor, and the water bill adjusted to correct the error discovered and to refund the overcharge to the customer subject to the time limitations of this section.

If the meter is found to be correct or to register less than the actual quantity of water passing through it, the City shall retain the deposit.

If the meter is found to register more than ten percent (10%) less than the actual quantity of water passing through it, the City shall bill the customer for the amount of undercharge.

In no case shall adjustment for overcharge or undercharge exceed the period in which the meter was in use by the customer requesting the test, or for more than six (6) months, whichever is less.

Whenever a meter fails to register correctly, the customer's water service charge shall be based on an estimated amount of water used, utilizing the customer's consumption during the same season of the previous year, if conditions were unchanged. If prior consumption is not available, or if conditions are not the same, charges shall be based upon a reasonable comparison with the use of other customers during the same period receiving the same class of service under similar circumstances.

Whenever any person connecting service pipes to the property side of the meter uses the water for testing pipes, said person shall shut the water off from unoccupied premises before leaving same, and in all cases leave the meter box properly installed to full depth in the ground or sidewalk, with the cover securely fastened in place.

Duly authorized employees of the City shall have the right of access for the purpose of inspection at all reasonable times to any premises where water is used.

If employees are refused admittance to any premises or are otherwise prevented from making an inspection, the City may cause the water to be shut off from said premises after giving at least twenty-four (24) hours' notice to the owner or occupant of said premises. If, in the opinion of the City, a clear and immediate hazard to the potable water supply exists, water shall be shut off from said premises immediately and water service shall not be reinstated until such time as the hazardous condition is eliminated, at the customer's expense, to the satisfaction of the Director of Public Works.

Application to discontinue water service shall be made at the City not less than two (2) days before the date on which discontinuance is desired.

Water Service application deposits, less any outstanding monies owed for water service charges or sewer service charges, shall be refunded to the customer.

No person except an employee of the City's Water System or a person acting with written permission of the Director of Public Works or authorized representative shall tap any of the water pipes of the main line or distribution system, or insert tees, stop-clocks or ferrules therein.

Where service pipes are found disconnected at the corporation cock they shall be reconnected only by an employee of the Water System or a person acting with written permission of the Director of Public Works or authorized representative.

When an application is made for commercial or industrial/multi-family residential fire service connections, such fire service installation shall be not less than four (4) inches in size (diameter). When an application is made for residential fire service connections, such fire service installation shall not be less than one (1) inch in size (diameter). The City of Hayward Fire Prevention Bureau and/or City of Hayward Public Works Department shall approve commercial and industrial fire service connections before such service is turned on. The City of Hayward Fire Prevention Bureau and/or City of Hayward Building Inspection personnel shall approve residential fire service connections before such service is turned on.

Each fire service shall have installed therein a detector check valve of such pattern and design in accordance with City of Hayward Standard Details. The installation shall be approved by the Fire Marshall or authorized representative and/or the Director of Public Works or authorized representative.

A "detector check valve" is defined as a spring-loaded or weight-loaded swing check valve equipped with a metered by-pass.

Water furnished through any approved fire services (i.e., fire hydrants, underground fire service lines for automatic fire sprinkler systems) shall be used only for extinguishing fires or for authorized testing of the fire protection system(s). Whenever a customer wishes to test the fire service, the customer shall notify the City of Hayward Fire Prevention Bureau, City of Hayward Fire and Police Dispatch Communication Operator, and the Hayward Water System at least twenty-four (24) hours before making such test.

All existing fire service connections must be equipped with a detector check valve. When an existing fire service connection is not equipped with a detector check valve, a detector check valve, approved by the Fire Department, shall be installed within thirty (30) days' notice from the City of Hayward.

If it is found that an unauthorized connection has been made or that an unauthorized use has been made of the fire service connection, the customer shall be notified to discontinue such unauthorized connection or use; and if said customer fails or refuses to do so, the water to said service shall be shut off, and not turned on again until an appropriate meter has been installed. The City of Hayward Fire Prevention Bureau shall be immediately notified and said customer shall be responsible for obtaining a twenty-four-hour fire watch while the service is shut off. A detector check valve shall be installed within thirty (30) days of reinstatement of water service.

All water furnished for construction or related work shall be measured through a water hydrant meter provided by the City and shall be paid for by the customer at the same rates as metered consumption.

The size of the meters and other materials provided will be determined by the Director of Public Works or authorized representative. A deposit to cover the full cost of replacement of the meter and backflow assembly and the estimated cost of water consumption for two (2) months will be retained by the City at the time application is made to insure the safe return of all materials and supplies and the payment of water usage charges. In the event that meter is not returned or is returned damaged, the City shall retain the deposit and the Customer shall pay for any additional costs incurred as a result of the unreturned meter.

The service charge and a minimum monthly consumption amount on all hydrant meters shall be based on a rate schedule as specified from time to time by resolution of the City Council.

It shall be the responsibility of the customer to return all hydrant meters to the Water Distribution System Office within the first five (5) working days of each month to be read, inspected, and reissued if necessary. If not brought in by the fifth working day of the month, the Utilities Superintendent may cause the meter to be located in the field and read, inspected, and reissued if necessary. An additional service charge shall be applied to the bill for this service. Customers who fail to bring in a hydrant meter to be read and inspected for three (3) consecutive months will no longer be permitted to use Hayward water and meter(s) shall be removed from the field.

Customers who fail to return hydrant meters to the Water Distribution System Office shall pay for the cost of replacement.

All persons desiring to use water in construction work, where connections must be made to a City hydrant or standpipe, shall obtain a written permit from the City before making such connection, and such permit shall be exhibited upon the work for which issued.

Fire hydrants are provided for the sole purpose of extinguishing fires and are to be opened and used only by the City of Hayward Water System and City of Hayward Fire Department or such persons as may be officially authorized to do so. Persons responsible for unauthorized use of a fire hydrant will be assessed a penalty, established by City Council.

Any person authorized to open fire hydrants shall use only an approved spanner wrench and shall replace the caps on the outlets when not in use.

All persons engaged in street work shall give at least ten days' written notice to the City for the removal or displacement of Water System facilities that may interfere with such street work, and any damage resulting to said facilities from failure to give such notice shall be charged against the person engaged in such street work. Longer notice may be required, at the sole discretion of the Director of Public Works or authorized representative, for removal or displacement of large water mains or mains that are located on heavily traveled streets.

All costs involved in the removal or displacement of such facilities, and necessary work to backfill, repair and repave the street, shall be paid by the person engaged in such street work, except where provisions of County or State encroachment permits state otherwise.

Plans shall be submitted to the City of Hayward Fire Prevention Bureau for review and approval of any installation of fire service lines and fire hydrants. Fire hydrant locations shall be approved by the Fire Marshal or authorized representative. The applicant will pay costs for such hydrants.

A permit is required for the installation of any fire service line, fire hydrant, and use or operation of fire hydrants or valves intended for fire suppression services, which are installed on water systems. The applicant shall pay the cost of such permits.

The inside diameter of every water main to be installed shall be not less than eight (8) inches, except as may be determined by the Director of Public Works or authorized representative.

In every case where a main is to be extended to serve a parcel, said main shall extend the full frontage of said parcel.

Upon receipt of the plans and specifications, if the Director of Public Works or authorized representative determines that the City can install the water system using City employees, the Director of Public Works shall cause an estimate of installation costs to be prepared, including (1) material costs, plus five percent (5%) thereof for storage and handling; (2) labor costs; (3) engineering costs; and (4) administrative costs.

Such plans, specifications and cost estimates shall be furnished to applicant who may elect to proceed with the installation or abandon the same. In the case applicant abandons, all deposits made by applicant less engineering costs shall be refunded to the applicant.

In the case applicant elects to proceed with the water main installation, and the Director of Public Works or authorized representative determines that the City can install the water system using City employees, the City shall install the same. City shall not be required to order the materials required until the applicant has deposited an amount equal to the estimated cost of such materials, nor shall the City install said facilities until the applicant has deposited an additional amount which, when added to any previous deposits on the same application, is equal to the estimate of materials, labor, engineering and administration.

As an alternative to Section 11-2.30 hereof, if the Director of Public Works or authorized representative determines that it is infeasible for City employees to install water main extension facilities within a reasonable time, or that it is not economical for said employees to do so, Director of Public Works may permit applicant to install said facilities in accordance with the plans and specifications, at the applicant's cost and expense. After water pressure and water quality testing is complete, the final connection to the City's water system will be completed by City employees.

In such event, applicant shall deposit an amount which, when added to any previous deposits on the same application, is equal to all estimated inspection costs, engineering costs, plus an administrative charge equal to three percent (3%) of the total cost of installation, before applicant begins such work.

In the event applicant installs water main extension facilities, the applicant shall furnish the City a surety company bond in an amount equal to at least the estimate of the installation costs, including materials and labor, to guarantee faithful performance by the applicant, and a surety company bond in an equal amount to guarantee claims of persons employed by applicant and claims of persons who furnish materials, supplies, and implements used by applicant on such work.

When water main extension facilities are installed and upon the execution and delivery by applicant of a good and sufficient bill of sale, in a form acceptable to the City, of said facilities to the City, water shall be furnished to applicant's property.

When the City Engineer determines that a water main extension may benefit not only the property being served initially but also other properties, the City Council may adopt a resolution to initiate proceedings to form a "local improvement benefit district." Such proceedings shall be implemented in strict accordance with Chapter 8, Article 16 of the Hayward Municipal Code.

A Water System Facilities Fee is hereby imposed upon every applicant for a new water service. The Facilities Fee shall be paid in addition to installation fees authorized in Section 11-2.04.

Said Facilities Fee shall be based on a rate schedule as specified from time to time by resolution of the City Council.

Where a larger meter replaces an existing meter, the applicant shall pay a Facilities Fee in the amount of the difference between the Facilities Fee for the existing meter and the new meter.

Said fee shall be due and payable at the time the water service permit is to be issued for the new service applied for. All revenues derived from Facilities Fees shall be deposited in the "Water System Capital Improvement Fund" and used only for water system purposes authorized in that Fund. Facilities Fees are non-refundable.

All water bills shall be paid at the City of Hayward Revenue Office, or other place or places designated by the Director of Public Works. All bills become delinquent fifteen (15) days after the billing date, and if not paid within five (5) days after the delinquent date, the water may be shut off without further notice. Such action will be taken in accordance with noticing requirements of the State of California Public Utilities Commission.

When water has been restricted or shut off because of delinquency in payment of the water bill, the same may not be restored until all regular charges, together with any special costs incurred through attempts on the part of the City to collect payment or restore service, have been paid in full, or payment arrangements have been approved by the Revenue Manager. Such special charges may cover the costs of, but are not necessarily limited to, orifice installations, complete shutoffs, meter removals, replacement of damaged materials, and ultimate service restorations.

A billing period shall be two (2) months, more or less, for each regular metered service. If a billing period contains less than fifty-five (55) days or more than sixty-five (65) days, a pro rata correction of the billing shall be made.

For water supplied through a meter and used or consumed inside the city, every customer shall pay for each billing period a service charge and a usage charge based on the amount of water supplied. These charges shall be based on a rate schedule as specified from time to time by resolution of the City Council.

For each fire service connection inside the city, whether or not any water is used for fire fighting, customer shall pay for each billing period a service charge based on a rate schedule as specified from time to time by resolution of the City Council. When property is vacant, the property owner shall be responsible for fire service charges.

For water supplied through a meter and used or consumed outside the City, every customer shall pay for each billing the following charges:

a. A service charge based on the size of meter.

b. An amount based on the number of cubic feet of water supplied during each billing period.

c. A surcharge on the sum of the service charge and the usage charge based on the cubic feet of water supplied as set forth in subparagraphs a. and b. above, at a percentage to be determined from time to time by the City Council.

For each fire service connection outside the city, whether or not any water is used for fire fighting, customer shall pay for each billing period a charge based on a rate schedule as specified from time to time by resolution of the City Council. When property is vacant, the property owner shall be responsible for fire service charges.

The person responsible for payment of service and water use charges shall be that person who requested connection to the Hayward Water System or the successor in interest, or any person, persons, or legal entity requesting that such bill be charged to them.

In the event that water usage is recorded on a meter for which no connection has been requested, the property owner of record shall be responsible for all charges. This shall be the case regardless of whether or not the owner requests such connection, unless it is demonstrated to the City's satisfaction that, during the period of water use, the property was occupied by a person, persons, or legal entity who had requested that service at the property be terminated.

In case of fire, or alarm of fire, or in making repairs, or in constructing new work, the City shall have the right to shut off water from any customer or number of customers without notice and to keep it shut off as long as it may be necessary.

In case of fire, or alarm of fire, the use of fountains or yard sprinklers is prohibited should circumstances warrant.

The City shall have the right to limit the amount of water furnished to any customer, should circumstances warrant such action, although no limit is stated in the applications or permit.

It shall be the responsibility of the Director of Public Works or authorized representative to notify the Fire and Police Dispatch Communication Center when water mains and/or hydrants are to be shut off. Such notice shall include the location of said mains and the estimate of time the water will be shut off. When the water is turned on, the Fire and Police Dispatch Communication Center shall be so notified.

The Fire Chief, in consultation with the Director of Public Works, shall have full authority in case of fire to direct the setting of gates and valves to water mains in order to secure the greatest possible pressure at the points required.

It shall be the responsibility of the Fire Chief to see that after each fire, all hydrants and gates are restored to their original condition, and report said fact to the Director of Public Works.

Certain water services shall include the installation of a separate irrigation meter to measure the volume of water used for landscape irrigation. This requirement shall apply to non-residential irrigated landscapes of one thousand (1,000) square feet or more, and residential irrigated landscapes of 5,000 square feet or more.

For the purposes of this Section, "non-residential landscape" means landscapes in commercial, institutional, industrial and public setting that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

No person shall use water obtained from the Hayward Water System for wasteful practices as herein defined.

a. Wasteful Practices Defined. The following uses of water are hereby determined to be wasteful, except as further provided herein:

1. Excessive use, loss or escape of water due to broken or defective plumbing, sprinkler, watering, or irrigation systems, for any period of time after such use of water should have reasonably been discovered and corrected, and in no event more than seventy-two (72) hours after the customer has received written notice from the City.

2. Use of water that results in flooding or runoff in gutters or streets.

3. Use of water for irrigation of any lawn, landscaping or other vegetated area in a manner that causes or allows excessive water flow, overspray or runoff onto adjacent property, non-irrigated areas, private and public walkways roadways, parking lots, or structures.

4. Application of water to outdoor landscapes during and within forty-eight (48) hours after measurable rainfall.

5. Application of water to driveways and sidewalks.

6. Use of water through a hose for washing buildings, structures, mobile homes, patios, parking lots, tennis courts, or other hard-surface areas, unless the hose is equipped with a positive shut-off nozzle.

7. The washing of all vehicles through a hose, including but not limited to automobiles, motorcycles, recreational vehicles, trucks, transit vehicles, trailers, boats, trains and airplanes, unless the hose is equipped with a positive shut-off nozzle.

8. Use of water for irrigation of ornamental turf on public street medians.

9. The serving of 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 and/or purchased.

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

11. The irrigation of 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, and the City's Water Efficient Landscape Ordinance.

b. Other Wasteful Water Use Prohibitions. The following devices shall not be installed in new applicable facilities unless the City specifically approves a waiver:

1. Single-pass cooling systems in new buildings.

2. Non-recirculating water systems in new commercial car washes.

3. Non-recirculating water systems in new industrial laundries.

c. Water Conservation in Hotels and Motels. Operators of hotels and motels shall provide guests with 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.

d. Application. The provisions of this ordinance apply to any person in the use of potable water provided by the Hayward Water System, except for uses of water necessary to protect public health or safety or for essential government services such as police and fire service and water system maintenance services.

e. Enforcement. The Director of Utilities and Environmental Services is authorized to enforce all provisions of this section. The provisions of this ordinance may be enforced by one (1) or more of the following measures:

1. Correction Notice. When the City becomes aware of a violation of the provisions of this ordinance, a correction notice shall be delivered to the property and to the customer of record (if mailing address is different) for the property. Said notice shall: 1) describe the date, approximate time, address or description of the location of the violation; 2) describe the violation and the subsection violated; 3) order that the violation be corrected and abated immediately, or within a specified time as the Director of Utilities and Environmental Services determines is reasonable; and 4) explain the consequences of failure to correct the violation, including a monetary fine.

2. Administrative Citation. In addition to other remedies available to the City, violations of this section may be subject to an administrative citation. The amount of the fine shall be set forth by Resolution of the City Council. Citations shall be issued and administered in accordance with Chapter 1, Article 7 of the Hayward Municipal Code. Administrative citations may be issued to the property owner, customer of record for the property, or to any other person causing wasteful use of water as described in this section.

3. Installation of Flow Restricting Measures. The City may, after one (1) written notice, install a flow-restricting device on the service line of any customer violating any of the provisions of this section.

4. Reduction or Discontinuance of Water Service. Water waste consisting of continued water consumption in violation of the provisions of this section may result in the reduction or discontinuance of water service by the City. The City may reduce or discontinue water service after two (2) correction notices, as described in Section 11-2-47.e.1., have been delivered to the property and to the customer of record (if mailing address is different) and if the corrective actions required are not taken within the time frame specified.

5. Injunctive Relief. Costs incurred by the City for the reduction or discontinuance of water service and for the resumption of water service will be the responsibility of the customer. Water service shall not be resumed until the Director of Utilities and Environmental Services is satisfied that the violation has been fully corrected.

f. Penalties. Violation of this ordinance shall not constitute a crime and may be enforced only through civil measures as stated herein.

(Amended by Ordinance 17-07, adopted June 6, 2017)

The City may elect to have delinquent charges for water service collected on the property tax roll in the same manner as, by the same person as, and at the same time as, and together with and not separately from, general taxes.

If a determination is made to enforce collection of delinquent charges by assessment on the Alameda County property tax roll, an administrative hearing shall be conducted in accordance with the provisions of Section 11-2.49 below. The amount to be assessed upon the property tax roll shall include all charges which are delinquent for not less than sixty (60) days as of March 1 of each year, the actual cost of the assessment and the collection of the delinquent charges on the property tax roll and an administrative fee, initially set at fifty dollars ($50.00), and to be determined from time to time by resolution of the Hayward City Council.

Prior to placing delinquent charges on the Alameda County property tax roll for collection, written notice shall be given to the owner of the property receiving water service from the City of Hayward of the past due charges and the right to an administrative hearing. The purpose of the administrative hearing is to provide an opportunity for the property owner to raise any objections to the imposition of the charges on the property tax roll. The City Manager, or his or her designee, shall act as the hearing officer. The hearing officer may modify or confirm the proposed charges, as deemed equitable, in his or her sole discretion.

The Director of Finance shall keep an account of the delinquent charges and shall render an annual itemized report in writing to the City Council. The City Council shall review and confirm the annual report of delinquent charges by way of resolution.

The City Clerk shall post a copy of the report and list of delinquent charges on the bulletin board designated for the posting of agendas for City Council meetings, together with a notice of filing thereof and of the time and place when and where it will be submitted to the City Council by way of resolution. Notice shall also be published once in a newspaper of general circulation that is published and circulated within the City. The posting and first publication of the notice shall be made and completed at least ten days before the time that the report is considered by the City Council.

After City Council confirmation of the annual report, the City Director of Finance, who may receive the list of delinquent charges at any time after confirmation and until a list of unpaid liens/assessments is sent annually to the County Auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessor's map books for the current year. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are hereby made applicable to such liens or assessments and the lien or assessment shall have the priority of the taxes with which it is collected.