Hesperia Municipal Code Ch. 14.02 General Provisions

A. Water System. The district will furnish a system for the purpose of obtaining, conserving and disposing of water for public and private uses consisting of facilities for the distribution, transmission, production and storage of water including appurtenances and appurtenant works; supplies and equipment; lands, easements, rights-of-way and other interests in real property; water rights; interests in personal property; and franchises and contracts.

B. Wastewater System. The district is responsible for ensuring wastewater flows are properly disposed of through public and/or private wastewater systems. The district will furnish a system for the collection of wastewater when needed to meet state and federal law, including collection lines and reclaimed facilities for deposition into the regional wastewater operator.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association (A.W.W.A.) and the Water Pollution Control Federation. The testing procedures for waste constituents shall be performed pursuant to the Victor Valley Wastewater Reclamation Authority (VVWRA) guidelines, and may be amended from time to time.

The words and phrases appearing hereinafter are defined and shall be construed as hereinafter set forth, unless it shall be apparent from the context that they have a different meaning. Words not defined in this section shall use definitions found in Section 1.04.050 of the Hesperia Municipal Code.

"Applicant" means any person applying for water or wastewater service.

"Backflow device" means any backflow device as defined in compliance with Title 17 of the Administrative Code of the state of California.

"Biochemical oxygen demand" or "B.O.D." means the quantity of oxygen utilized in the biological oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees centigrade expressed in terms of mass per volume (mg/L).

"Board" means the Board of Directors of the Hesperia Water District.

"By-Pass" means any tool, apparatus, or similar device not authorized by the district, used to connect to the curb stop, to obtain water from the district.

"Capital facilities charge" means a fee as established by the board payable to the district upon application for and before installation or approval of installation of any new water or wastewater service.

"Chair" means the chairperson of the district or other person designated by the board to perform the services or to make the determinations as permitted or required under this code.

"City" means the City of Hesperia.

"Code" means the Hesperia Municipal Code.

"Construction meter" means a temporary meter rendered for grading construction work and other uses of limited duration, as authorized by the district.

"Consumption charge" means the charge for water consumed, both actual and estimated.

"Contractor" means any person who performs the work of installing or connecting mains, submains, laterals, or building sewers to the public sewer.

"Cost" means the cost of labor, material, transportation, supervision, engineering, and all other necessary overhead expenses.

"County" means the County of San Bernardino.

"Critical wastewater discharger" means a collection system non-residential discharger that generates either a significant amount of flow and/or constituents of the flow require pre-treatment to meet the requirements of the Victor Valley Wastewater Reclamation Authority, and state and federal Clean Water Acts.

"Cross connection" means 1) any physical connection between the piping system from the district service and that of any other water supply which 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 district's distribution mains, and 2) any connection or arrangement, physical or otherwise, between a potable water supply system (the district) and any plumbing fixture; or any tank, receptor, equipment, or device, through which it may be possible for non-potable, used, unclean, polluted, and/or contaminated water, or other substance to enter any party of such potable water supply system under any condition.

"Curb stop" means a shut-off valve located on the district's side of the meter, for the district to control water service to the meter.

"Customer" means any person supplied or entitled to be supplied with water or wastewater service by the district.

"Customer's shut-off valve" means a shut-off valve independent of the district property and located on the customers' side of the water meter, for the convenience of the customer to control their water supply.

"Deposit" means funds held by the district as a guarantee.

"Developer" means any person who shall construct or develop any property which may require water or wastewater service from the district.

"Development" means a parcel of land on which one or more dwelling units, commercial or industrial buildings, or other improvements are built.

"Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public or private sewer.

"Disconnection of service" means discontinuing water supply to the customer by locking meter, pulling meter, crimping and capping district service line, turning off at the curb stop, or any other necessary means.

"District" means the Hesperia Water District.

"District engineer" means the city engineer.

"District property" means any and all water components related to the water system, commencing at the check valve or water meter, if no check valve is present, continuing throughout the entire network of the district, including but not limited to plant sites and related properties. District property also includes any and all components related to the district wastewater system commencing at the lateral cleanout, continuing throughout the entire network of district wastewater system.

"District sewerage facility" or "district wastewater facility" means any property belonging to the district used in the treatment, reclamation, reuse, transportation, or disposal of wastewater.

"Domestic wastewater" means liquid wastes: (a) from the non-commercial preparation, cooking and handling of food; and/or (b) containing human excrement and similar matter from sanitary conveniences of dwellings, commercial buildings, industrial facilities and institutions.

"Effluent" means wastewater discharged from the district.

"Equivalent dwelling unit" or "EDU" means the quantity and quality of domestic wastewater discharged from a standard or average single-family dwelling unit, having approximately twenty-two (22) plumbing fixture units capable of contributing two hundred fifty (250) gallons per day of domestic sewage.

"Fats, oils, and grease (FOG)" means any vegetable or animal product that is used in or is a by-product of the cooking of food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

"Fee schedule" means the schedule of fees, rates, and charges established by the district, city, VVWRA, or other agency related to water and wastewater services, including but not limited to service charges, consumption charges, connection fees, and inspection fees.

"Garbage" means solid wastes from the domestic or commercial preparation, cooking and dispensing of food, or from the handling, storage or sale of food.

"General manager" or "district manager" means the city manager.

"Improvement agreement" means a written agreement entered into by and between the district and an applicant for water service from the district, whereby the applicant agrees to furnish or pay for such improvements and appurtenances to the water system of the district as may be required to enable the district to furnish the requested water service.

"Improvement district" means any territory formed into a district pursuant to Section 31575 of the California Water Code.

"Ingress and egress" means the right to enter and exit an owner's or customer's premises.

"Interruptions in service" means a time period without water available or with a substantial change in water pressure or flow.

"Main" means pipelines located in streets, highways, alleys, easements or rights-of-way which are used for water distribution and transmission.

"Mass emission rate" means a weight of material discharged to the wastewater system during a given time interval. Unless otherwise specified, the mass emission rate is expressed in pounds per day of a particular constituent or combination of constituents.

"May" denotes that the related conduct or procedure is permissive and not mandatory.

"Milligrams per liter" or "mg/L" means the number of milligrams of a substance in one liter of water or other liquid.

"National Pollution Discharge Elimination System" or "NPDES" means the Federal Pollution Regulation System as detailed in Public Law 92-500 Section 402.

"Owner" means the person or persons whose name(s) are recorded on the deed for a given property, and/or the person in legal possession of the property, or an executor, administrator, guardian, or trustee of the owner.

"Permit" means any written authorization required pursuant to this chapter, the code, or any other regulation of the district.

"Person" means an individual or company, association, co-partnership, or public or private corporation.

"Pollutant" means any constituent or characteristic of wastewater on which a discharge limitation may be imposed either by the district or by a regulatory body of competent jurisdiction.

"Premises" means a lot or parcel of real 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 several occupants, in which case, each portion shall be deemed separate premises. Apartment houses, offices, commercial and industrial buildings may be classified as single premises.

"Pressure regulator valve" means a valve used to control water pressure.

"Pretreatment" means treatment that the district may require prior to permitting discharge of sewerage into any district sewerage facility.

"Private fire protection service" means water service and facilities for building sprinkler systems, hydrants, hose reels, and other facilities installed on private property for fire protection, and the water available therefor.

"Private sewer lateral" or "PSL" means that part of sewer piping that extends from the building or structure to the connection point of the sewer main.

"Public agency" means the district or other governmental body duly organized under the laws of the state of California.

"Public sewer" means a sewer owned and operated by the district or other local governmental agency, and as to which the district possesses direct or indirect regulatory powers.

"Reconnection" means restoring water/sewer service.

"Secretary" shall be the city clerk.

"Section" means a section of this code unless some other chapter, ordinance, or statute is intended from the content.

"Service charge" means the flat rate based upon the size or type of meter.

"Sewage" means wastewater.

"Sewer charge" means the flat rate charged based on the number of equivalent dwelling units (EDU) assigned to an account.

"Shall" denotes that the related conduct or procedure is mandatory and not permissive.

"Standard methods" means methods and procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, as published by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

"Street" means any public highway, road, street, drive, avenue, alleyway, court, easement or right-of-way.

"Storm water" means rain water, surface water, ground water, roof run-off, sub-surface drainage, cooling water or unpolluted industrial process water.

"Tampering" means any unauthorized bending, cutting, stretching, removing, damaging, or similar actions of locking devices, meter, or other district property. Tampering also includes any unauthorized use of the curb stop, breaking a seal on a meter, or removing the head of a water meter or any other property of the district.

"Termination of service" means the period for which the customer's responsibility for the water/sewer service terminates, either by written request of the customer or at the district's discretion.

"User" means any person, firm, partnership, association, corporation, or political entity, who discharges, causes, or permits a discharge directly or indirectly to a district sewer.

"Vice chair" means the mayor pro tem of the city.

"VVWRA" means the Victor Valley Wastewater Reclamation Authority.

"Water waste" means any unreasonable or non-beneficial use of water, or any unreasonable method of use of water, including, but not limited to the specific uses prohibited and restricted by this chapter as hereinafter set forth.

"Wastewater" means sewage and/or waste substances and water, whether treated or untreated, discharged into or permitted to enter a district sewer, or private system.

"Wastewater facilities" or "sewage facilities" means any facility or facilities used in the conveyance, pumping, and treatment of wastewater.

"Water" means that water supplied by the Hesperia Water District.

"Water/sewer service" means water/sewer and facilities rendered for normal domestic, commercial, irrigation, and industrial purposes on a permanent basis, and the water/sewer available therefor.

"Water supply shortage" means any water shortage caused by drought or any other threatened or existing water shortage, disaster or facility failure, earthquake, extended loss of electrical power, pipe line failure, or other condition which results in or threatens to result in the district's inability to meet the water demands of its customers.

"Water user" means any person, firm, partnership association corporation or political entity using water obtained from the water system of the district.

"Within" as applied to the district include all areas under the jurisdiction of the district or to which the district provides wastewater service.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11; Ord. No. 2024-01, § 2(Exh. A), 3-5-24)

The Hesperia Water District was established as a subsidiary district of the City of Hesperia in 1990. City council members serve as the board of directors concurrently with their respective terms of office. The mayor serves as chairman, the mayor pro tem as the vice chair, and the Hesperia City Clerk as the secretary.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. General. For purposes of enforcement of this title the provisions of Hesperia Municipal Code (HMC) Title 1, Chapter 1.12 shall apply. For enforcement purposes, the title city council shall also mean board and the city shall also mean district.

B. Public Nuisance. All violations of this title shall be declared a public nuisance.

C. Discontinuation of Service. In addition to the enforcement provisions of HMC Chapter 1.12, the district may disconnect the customer or user from the district water or sewer service when the customer or user is in violation of any provision of this title (Title 14).

D. Notice. Notice shall be given pursuant to HMC Chapter 1.12.

E. Appeals. Appeals of enforcement actions of provisions in this title shall be heard by the officer or committee designated by the city council to hear appeals of Municipal Code enforcement cases.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. District's Ingress and Egress. Representatives from the district shall have the right of ingress and egress to the owner's or consumer's premises and/or construction site at reasonable hours or at any time during an emergency for any purpose reasonably connected with providing water/sewer service.

B. Inspections. The general manager or his designated representatives may inspect, either upon proper consent from a property owner or occupant or an agent thereof, or upon a search or inspection warrant issued by the appropriate local judicial authority, all construction of waterlines, connections, reservoirs, pumping plants, and all other appurtenances.

C. Access Requirements. The district shall have the right to remove any structure, wall, fence, or other object located within a waterline or sewerline easement as necessary to maintain, remove, or replace or service district property. The district shall not be responsible for the cost of removing or replacing the object removed. The owner of the property shall bear full responsibility for costs associated with removal and/or replacement of any such objects.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Tampering Prohibited. No one, except an employee or representative of the district, shall operate the curb stop, locking devices, valves, main locks, or gates owned by the district; nor shall interfere with meters or connections, street mains, or other parts of the district system. An unauthorized installation of a by-pass is also considered tampering.

B. Tampering a Public Nuisance. Tampering with district property is declared a public nuisance in addition to being a violation of this chapter.

C. Penalties. The enforcement provisions of Section 14.02.040C and Hesperia Municipal Code Section 1.12 shall apply to cases of tampering.

D. Owner's Liability. The owner of the property where the tampering occurred shall be liable for any tampering to district property when the damage is caused by the owner or the tenants, agents, employees, or contractors, of the owner.

E. Charges Applied to Tampering. The owner is responsible for timely payment of all charges resulting from tampering. The district shall present an invoice to the owner and may include a security deposit, a service fee, fees for removing and replacing the meter, and a fee for the estimated water use.

F. Service Removal and Restoration. Service shall be removed when tampering is verified. Service will not be restored until all charges identified by the district are paid.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

All fees for services under this title shall be found in the city and district fee resolution or in the other resolutions adopted by the city or district.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)

A. Billing Period. The billing period shall be at the option of the district.

B. Meter Reading. Meters shall be read as nearly as possible on the same date of each corresponding month by one of the following methods:

1. Actual - Consumption of water based upon a meter read.

2. Estimated - Consumption may be estimated when the meter is found to be non-registering, damaged, inaccessible, stolen, or when an actual read is unavailable. Such estimates shall be made from previous consumption for a comparable period or by such other method as may be determined by the district, said decision of the district is to be final.

C. Opening and Closing Bills. Opening and closing bills for less than the normal billing period shall be prorated as to minimum charges.

D. Deposits.

1. New Customer. If an applicant does not have a previous minimum one year record of having at all times paid his water/sewer bills or other fees when due to the district, during a period ending within the preceding eighteen (18) months of the date of application for service, then the district shall require said applicant to make a deposit as a condition of rendering water service. Such deposit shall be as determined by policy or other action established by the district.

2. Return of Deposit. A guarantee deposit with the water district made by an applicant whose account has not been in arrears or any violations at any time during twelve (12) consecutive months, after which said deposit shall be applied as an offset without interest or upon termination of service.

3. Use of Deposit. Subsequent to termination of service, the amount remaining unpaid for water/sewer service or any applicable fees may be retained by the district as an offset from the deposit.

4. Disconnected for Non-Payment. District policy requires a guarantee deposit if a customer has been disconnected for non-payment and does not have a guarantee deposit at the time of disconnection. In addition, a customer with a deposit that is insufficient to cover the amount of a delinquent bill shall be charged an additional deposit sufficient to cover the difference for security. These required deposits shall be paid in full, along with all other necessary fees, before the service shall be reconnected. Said guarantee deposit will be not less than the minimum deposit as established by the district.

E. Billing Charges.

1. Service Charge. There shall be a fixed service charge for water service connections, construction meters, and private fire protection service to cover the district's expense to monitor and maintain the use of said meter. This charge shall be subject to change by action of the board as deemed necessary.

2. Sewer Charge. There shall be a fixed sewer charge for all service connections to the sewer system to cover the district's expense. This charge shall be subject to change by action of the board as deemed necessary.

3. Consumption Charge. There shall be a charge for actual or estimated water usage; this charge is subject to change by action of the board as deemed necessary.

4. Other fees. Other fees may be applicable as set forth in the fee schedule.

F. Payment. Water and sewer service bills shall be due and payable in accordance with the policy adopted by city council resolution.

G. Termination of Service.

1. Customer Request. Customers desiring to terminate service should notify the district at least two business days prior to vacating the premises. Unless termination of service is requested, the customer shall be liable for charges whether or not any water is used.

2. Termination of Service Due to Non-Payment. Service shall be terminated for non-payment of bills in accordance with the policy established and adopted by resolution of the city council. Any amount due shall be deemed a debt to the district until paid in full.

H. Delinquencies. Accounts not paid on or before the due date on the bill will be subject to such fees as identified in the city's adopted fee schedule.

1. Disconnected for non-payment. A meter disconnected for non-payment of bills shall not be reconnected, unlocked or turned on until all unpaid bills, applicable fees, and deposits have been paid to the district.

I. Responsibility. Failure to receive a bill, phone call, door tag, or any other attempt of contact by the district does not relieve a customer of liability. Any amount due shall be deemed a debt to the district, and any person, firm or corporation failing, neglecting or refusing to pay said indebtedness shall be liable to an action in the name of the district in any court of competent jurisdiction for the amount thereof.

J. Water Used without Application. A person using water from a service connection without having made prior application to the district for water/sewer service shall be held liable for the service charges, consumption charges, and all other fees for water delivered from the date of the last recorded meter reading, and if the meter is found inoperative, the district will estimate the quantity consumed. Until proper application for water service is made and any accumulated bills for service are paid, the service shall be disconnected by the district without notice.

K. Non-Compliance. The district may, unless otherwise provided, disconnect water/sewer service to a customer for non-compliance with this chapter or any other resolution, ordinance, or regulation related to water/sewer service if the customer fails to comply with them within ten days from written notice from the district informing of the intention to disconnect service. If such non-compliance affects emergency matters of health and safety, and conditions warrant, the district may disconnect water/sewer service immediately, with or without prior notice.

L. Service Refused or Disconnected. Service may be refused or disconnected without prior notice for the following reasons:

1. Where apparatus or appliances are in use which might endanger or disturb the service to other customers;

2. Where there exists a cross connection in violation of state or federal laws;

3. For non-compliance with this chapter or any other resolution, ordinance or regulation relating to the water/sewer service;

4. To protect the district against fraud or abuse.

M. Turn On/Turn Off. No charge shall be made for a turn-on or turn-off of water/sewer service at the meter, either for emergency purposes, or at the request of the current customer. The district shall, upon request day or night, without charge, shut off the supply of water for emergency purposes at the curb stop. If a customer makes multiple requests to turn-on water when having previously been attempted but water was found to be flowing, the district shall require payment of all costs reasonably borne.

N. Liability/Inspection of Premises. The district does not assume liability for inspecting any apparatus on the premises of the customer. However, the district does reserve the right of inspection if there is reason to believe that unsafe apparatus is being used.

O. Delinquencies; Collection from Customer and Property Owner. The customer and property owner shall be jointly and severally liable for all charges that may be imposed under this chapter, including but not limited to charges for tampering as described in Section 14.02.060, and all charges for water service, sewer service and water usage as described in Sections 14.02.070 and 080, including any delinquent charges.

1. Authority and Effect. The district may secure the payment of delinquent charges for water services by establishing a lien against all property located within the state of California which is owned by the person who is liable for the payment of such charges.

2. Delinquency Defined. Water/sewer bills shall be deemed delinquent on the date the bill is issued. Delinquent charges for water/sewer services are imposed on those accounts which remain unpaid after twenty (20) days from the bill date.

3. Notice to Lienee. Prior to establishing any lien pursuant to this section, the general manager shall notify the person who is liable for the payment of the delinquent charges that the delinquency exists and that the district may establish a lien against all real property in San Bernardino County and/or in any other county in the state of California, which such person currently owns or which such person might afterwards acquire during the effective period of the lien. Such notice shall be in writing and shall be served upon the prospective lienee by deposit in the United States Mail.

4. Procedure. In all cases where charges for water services remain unpaid for ten days or more after the notice specified in subsection 3 of this section has been deposited in the mail, the general manager shall prepare a certificate of charges due stating the amount of the lien, the name and address of the licensee, and the location of the real property associated with the delinquency. Thereafter the general manager shall file for record the certificate of charges due in the office of the county recorder of the county of San Bernardino and in the office of the county recorder of any other county in the state of California in which there is reason to believe that there is real property owned by the person who is liable for the payment of the delinquent charges.

5. Contents of Certificate. Each certificate filed pursuant to subsection 4 of this section shall be executed under penalty of perjury and shall certify the amount of unpaid charges including any penalty, the name and address of the person who is liable therefor and the fact that the district is entitled to payment thereof.

6. Release of Lien. Liens recorded pursuant to subsection 4 of this section shall be released upon full satisfaction thereof.

7. Collection on Tax Roll. In addition to establishing a lien pursuant to subsections 1 through 6 of this section, delinquent and unpaid charges for services may be collected on the tax roll pursuant to the procedures set forth herein, or any other applicable procedures under state law. A statement of those delinquent and unpaid charges for water and other services that remain delinquent and unpaid for sixty (60) days or more on July 1st, or on such other date as determined by the district, shall be furnished to the county in accordance with applicable county requirements. The amount of any such delinquent and unpaid charges shall be added to and become a part of the annual taxes next levied upon the property upon which the water or other services for which the charges are unpaid was used and upon the property subject to the charges for any other district services, and shall constitute a lien on that property as of the same time and in the same manner as does the tax lien securing such annual taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such charges, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the delinquent and unpaid charges relating to such property shall be transferred to the unsecured roll for collection.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11; Ord. No. 2020-02, §§ 2—5, 1-21-20; Ord. No. 2022-07, § 2(Exh. A), 7-19-22)

All new buildings intended for any human occupancy shall be connected to district water and sewer facilities, if available. The general manager or designee shall determine whether facilities are available. Sewer facility availability shall be per Section 14.08.020.

(Ord. No. 2011-06, § 4(Exh. A), 7-19-11)