Huron Municipal Code Ch. 13.08 Water Service System

A. Unless the particular provision or the context otherwise requires, the definitions and provisions contain in this section shall govern the construction, meaning and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definitions of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

B. The meaning of additional terms as used in this chapter shall be as follows:

"Applicant" is the owner or authorized agent of the owner making application for service under this chapter.

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

"Air-gap separation device" means a physical air-gap break between a supply pipe and receiving vessel. The air gap shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, in no case less than one (1) inch.

"Auxiliary water supply" means any water supply on or available to the premises other than through the City water system.

"Backflow prevention device" means a device designed to prevent the backflow of water, chemicals or other substances into the City water system.

"City" is the City of Huron.

"Completion" means acceptance, in writing by the city administrator for maintenance of an addition to the City water system.

"Commercial uses" and "business uses" shall include, but not be limited to, offices, merchandising and industrial uses, and residential uses on premises where there are two (2) or more dwelling units.

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

"Contractor" is an individual, firm, corporation, partnership or association duly licensed by the State of California to perform the type of work to be done under the permit and shall be the owner or his agent.

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

"Cross-connection" means any connection between any part of a water system used or intended to supply water for drinking purposes and any source of system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

"Distribution mains" means water lines in streets, highways, alleys and easements used for public and private fire protection or for general distribution of water for irrigation, industrial and municipal purposes.

"Dwelling unit" or "living unit" means a room or suite of rooms which is occupied by one family for living and sleeping purposes.

"Engineer" is the engineer appointed by and acting for the City and shall be a registered civil engineer.

"Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.

"Parcel" or "lot" means each separate parcel shown on the latest equalized assessment roll of the County.

"Permit" is any written authorization required pursuant to this or any other rule, regulation or ordinance of the City for the installation of any water works.

"Person" is any human being, firm, company, partnership, association and private, public or municipal corporation, the United States of America, the State of California, districts and all political subdivisions, governmental agencies and mandatories thereof.

"Premises" means a lot or parcel of real property under one ownership, except that any separate structure under one (1) roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

"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 swimming pool" means any pool or other outside body of water eighteen (18) or more inches in depth at any point, the volume of which is not less than one hundred (100) cubic feet, and is designed for swimming, wading or bathing purposes.

"Public fire protection service" means the service and facilities of the entire water supply, storage and distribution system of the City, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

"Refrigeration system" means an installation for maintenance by heat removal, of temperatures which are less than sixty (60) degrees Fahrenheit.

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

"Street" is any public highway, road, street, avenue, alley, way, easement or right-of-way.

"System" or "distribution system" means the network of water mains which serve to transmit water from supply wells to individual properties or which serves to interconnect the supply wells.

"System charge" or "distribution system charge" means a fee for the right to connect to the City water system representing the cost of constructing or reconstructing water mains in the system.

"Temporary water service" means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

"Water supply charge" means a fee for the right to connect to the City water system, such fee representing the costs of developing and placing into operation the water supply system including treatment and storage facilities to serve the subject property.

(Ord. 178 (part), 1981)

Each prospective consumer shall make an application in writing for the water service desired. Applications shall also be filed for replacement connections. Such applications shall set forth the location of the premises to be served, the purpose for which the service is to be used, the rate under which the applicant desires service, the name and address of the person responsible for the payment of the bills, the name and address of the owner of the premises, the date that service is desired, and shall state that such service is to be used under and subject to the effective rules and regulations of the City from time to time in force.

(Ord. 178 (part), 1981)

Rates and charges for furnishing water, including the deposits required for commencing new accounts and connection charges, in the City and adjacent territory, shall be established by resolution of the city council. The rates and charges so established by such resolution may thereafter be changed or modified by a resolution of the city council.

All rates, fees, and compensation to be charged and collected by the City for permits, main extensions, water fees, inspection fees, and services rendered, and fees for additional construction and plant enlargement shall be reviewed, revised and established biennially by resolution of the city council.

(Ord. 330 §1, 2000)

Each applicant for metered or measured water service shall, for the purpose of establishing his credit, make a cash deposit equal to twice the average monthly bill of consumers of the City whose installations are similar in size and similarly operated; provided, that the deposit for domestic or residence service shall be as designated by resolution of the City.

(Ord. 178 (part), 1981)

After a cash deposit to guarantee payment for metered or measured service has stood unimpaired for twelve (12) months, it shall be returned to the depositor. Upon closing any account, the balance of any deposit remaining after the closing bill for service has been settled shall be returned promptly to the depositor.

(Ord. 178 (part), 1981)

The City shall, at all times, have the right of ingress to and egress from the consumer's premises at all reasonable hours for any and all purposes reasonably connected with the furnishing of water and the exercise of any and all rights secured to it by this code or other City ordinance.

(Ord. 178 (part), 1981)

The city council may adopt additional rules and regulations for the distribution and delivery of water to consumers who take water from the City. Such rules and regulations, when approved by the city council by resolution, shall be in full force and effect.

(Ord. 178 (part), 1981)

A. All service connections or reconnections, where the old connection is abandoned at the request of the property owner, shall be metered.

B. For each lot which requires a new service connection or revised service connection to a main determined by the City to be in active service, the applicant shall pay to the City a charge for the cost of the service installation or revision equal to the cost of labor (including overhead), equipment and materials, including the meter where applicable. For services two (2) inches in diameter or smaller, such charges may be fixed uniformly by the council from time to time by resolution.

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

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

E. When a property owner requests the abandonment of one or more services and the installation of one or more new services, the cost of abandonment and the cost of the new service shall be paid for by the customer as specified in subsection B of this section.

(Ord. 178 (part), 1981)

A. No person shall connect any premises, lot, parcel or structure to the City water system without a permit from the City. No such permit shall be issued by the City unless the applicable charges designated in this chapter and as provided by resolution of the city council have been paid.

B. Distribution System Charge. A distribution system charge shall be required for all lots sought to be connected to the City water system. The charge shall be either the minimum charge per lot, or the applicable rate per gross or net acre designated in the resolution of the city council providing such rates, whichever is greater. Area calculation shall be upon the following:

1. Gross acreage shall be calculated to include the street right-of-way and shall include one-half (½) of the right-of-way on boundary streets. Areas dedicated or condemned for public street and alley purposes shall be excluded in calculating net acreage.

2. Property which has wholly or proportionately paid the distribution system charge, when such fact has been or can be established to the satisfaction of the city administrator need pay only the distribution system charge applicable to the portion of the property for which the charge has not been paid.

3. When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, or for public recreation uses not enclosed in a building, the city administrator may require the payment of the distribution system charge applicable only to that portion of the lot developed or to be developed; provided, that the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth of the lot, whichever is greater. When the balance of the lot is developed, the distribution system charge shall be paid regardless of whether or not additional water service is required. The city administrator shall fix the portion of the lot which is to be considered as developed.

C. Service connection charges. For each lot which requires a new service connection, or revised service connection, to a main determined by the city administrator to be in active service, the applicant shall pay to the City a charge for the cost of service installation or revision equal to the cost of labor (including overhead), equipment and materials, including the meter where applicable. For services two inches in diameter or smaller, such charges may be fixed uniformly by the council and designated by resolution.

D. Payment of fees and issuance of permits pursuant to this section does not authorize the permittee to perform or cause to be performed work specified in this chapter to be performed by the City.

(Ord. 325 § 4, 1999; Ord. 178 (part), 1981)

Whenever the City requires a person to construct facilities that exceed the standards of the City necessary to serve the property for which the facilities are being constructed as a condition precedent to approval of development, a reimbursement agreement covering that portion of the total cost of construction as verified and approved by the City shall be subject to reimbursement; provided, that the reimbursement agreement is to reflect the area of benefit and the costs to be charged in such area. The City will only collect and make such reimbursement for a period of ten years after completion of construction of such facilities. Administrative costs of collection and disbursement and preparation of the agreement are to be paid by the person requesting the agreement.

(Ord. 178 (part), 1981)

Meters, appliances, apparatus and fixtures of every description installed by the City upon the consumer's premises for the purpose of delivering water to the consumer, shall continue to be the property of the City, and may be repaired, replaced or removed by it at any time. No rent or other charge whatsoever shall be made by the consumer against the City for placing or maintaining the meters, appliances, apparatus or fixtures upon the consumer's premises. The consumer shall exercise reasonable care to prevent the meter, appliances, apparatus and fixtures of the City upon the premises from being injured or destroyed and shall refrain from interfering with the same, and in case any defect thereof shall be discovered, shall immediately notify the City thereof.

(Ord. 178 (part), 1981)

A. It shall be unlawful for any person to tamper with, willfully interfere with in any way with the operation of, willfully damage, or willfully destroy any water meter, appliance, apparatus or fixture of every description installed by the City upon the customer's premises for the purposes of delivering water to the customer or which is otherwise owned or maintained by the City of Huron.

B. The prohibitions of this section against tampering with or interfering with the normal operation of water meters, appliances, apparatuses or fixtures do not apply to duly authorized employees of the City of Huron who install, modify, repair, replace and/or remove the same in the regular course of their employment.

C. Any person found to be receiving water service at any premises by way of any meter, appliance, apparatus or fixture not installed and authorized to be activated by the City of Huron, or which has been shut off, discontinued or disconnected by the City of Huron shall be presumed to have engaged in the unlawful tampering or willful interference or willful damage or destruction of a meter, appliance, apparatus or fixture installed by the City upon the premises occupied by such person as described by subdivision (A) of this section. This presumption shall be a rebuttable presumption affecting the burden of proof. The presumption shall be deemed sufficient to establish probable cause to believe that the person so found to be receiving water service for any premises is receiving that service as a result of such unlawful tampering, interference, damage or destruction.

D. Penalties for Violation. Any person who shall violate any of the provisions of this section shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or by imprisonment for not exceeding six months, or by both such fine and imprisonment, for each offense.

(Ord. 118 §§ 1—3, 1972)

(Ord. No. 365, § 1, 3-28-12)

A. No person shall install or maintain any water-operated equipment or mechanism or use any water-treating chemical or substance which is capable of polluting the City water supply unless the service to the premises upon which such equipment mechanism, chemical or substance is utilized is equipped with an approved double check backflow prevention device as required by this section.

B. Backflow prevention devices shall be required, at a location approved by the superintendent of public works, on the service to any premises:

1. Containing or having access to an auxiliary water supply;

2. Containing any internal cross-connection; or

3. Upon which any substance is or may be handled in such fashion as to permit entry into the city water system. This shall include the handling of process water and water originating from the city water supply system which has been subjected to deterioration in sanitary quality; or

4. Containing a fire sprinkler system or fire hydrant.

C. The specific type of backflow prevention device to be installed on any given service shall be determined by the city administrator in accordance with the following criteria:

1. A service to premises containing a fire sprinkler system on the ground floor or below, which service is not equipped with a booster pump, shall be protected with one approved double check valve; provided, that when the supply line serving such sprinkler system exceeds fifty (50) feet in length from the point at which it enters such premises, the check valve shall be equipped with a detector and shall be installed in a vault located in a public right-of-way adjacent to such premises.

2. A service to premises containing a fire sprinkler system above the ground floor or a booster pump shall be protected with an approved double check valve on the pump line and an approved double valve on the supply line. The valve protecting the supply line shall be equipped with a detector and shall be installed in a vault located in a public right-of-way adjacent to such premises.

3. A service to premises containing a fire hydrant installed on private property at a location fifty (50) feet or more from a public right-of-way shall be protected with one approved double check valve, which valve shall be equipped with a detector and installed in a vault located in a public right-of-way adjacent to such premises.

4. A service to premises containing or having access to an auxiliary water supply or other substance which would be objectionable, but not hazardous to health, if introduced into the city water system, shall be protected by an approved double check valve assembly.

5. A service to premises such as industrial plants, hospitals or mortuaries, containing or having access to an auxiliary water supply or other substance which is toxic, infectious, or otherwise hazardous to health, shall be protected by an approved reduced pressure principal double check backflow prevention device.

6. A service to any sewage treatment plant or sewage pumping station shall be protected by an air-gap separation device.

D. Backflow prevention devices required herein shall be installed at the consumer's expense either by the City or by qualified journeyman plumber, certified as competent for such purpose by the Superintendent. Charges for such installation by the City shall be fixed by the city administrator.

(Ord. 178 (part), 1981)

The size of the taps and the service connection installed for any water consumer shall be as the city administrator may designate.

(Ord. 178 (part), 1981)

Water service shall not be delivered to any premises unless a stopcock or valve is placed in an accessible place between the stopcock of the City and all faucets or taps on the premises.

(Ord. 178 (part), 1981)

Only duly authorized employees of the City shall connect the consumer piping and apparatus with the City's water mains unless otherwise permitted by the city administrator.

(Ord. 178 (part), 1981)

When meter service is delivered from a single tap or service connection to more than one consumer in the same building or separate buildings, the City may, at its option, make its charges and collect its bills from each of such consumers for the service rendered each or from one (1) of the consumers for all the service rendered through such single tap or service connection or from the owner or lessor of such premises.

(Ord. 178 (part), 1981)

The consumer shall, at his own risk and expense, furnish, install and keep in good and safe condition all water pipes, machinery and apparatus which may be required for receiving water from the City at the point of delivery and for applying and utilizing such water. The city shall not be responsible for any loss or damage occasioned or caused by negligence or want of care on the part of the consumer in installing, maintaining, using or operating such water pipes, apparatus, appliances or fixtures. All consumers having equipment requiring a continuous flow of water shall provide a tank from which to feed the same.

(Ord. 178 (part), 1981)

No consumer shall make or allow any other person to make any connection to or extension of such consumer's piping for the purpose of supplying any other consumer with water service, except with the express consent obtained first hand and from the City.

(Ord. 178 (part), 1981)

The City, in furnishing water to any user, does not guarantee continuous service, and assumes no liability for any damage or injury arising out of any failure to provide continuous service. The City will use all reasonable efforts to provide water service.

(Ord. 178 (part), 1981)

Lawn sprinkling systems shall be properly designed, installed and operated to prevent wastage of water.

(Ord. 178 (part), 1981)

The City shall deliver water service to lots unoccupied by any building for the irrigation of trees that are planted thereon in advance of construction of the buildings that are to permanently occupy such lots, at a rate (per tree) designated by resolution of the City beginning May 1st and ending November 1st of each year, payable in advance.

(Ord. 178 (part), 1981)

All irrigation shall be done between the hours of five a.m. and nine p.m. only unless otherwise permitted by the city council.

(Ord. 178 (part), 1981)

No person shall use water by means of an open hose or open faucet for irrigation purposes. Every hose used for irrigation purposes shall have attached thereto a spray nozzle or sprinkling device.

(Ord. 178 (part), 1981)

No person, other than a regular fireman or City employee, shall use water from any fire hydrant without first obtaining a permit from the city administrator.

(Ord. 178 (part), 1981)

Each consumer of water shall keep all connections, faucets, hydrants, pipes, outlets and plumbing fixtures tight and free from leakage, dripping or waste of water.

(Ord. 178 (part), 1981)

No person shall wilfully waste water supplied by the City water department.

(Ord. 178 (part), 1981)

A. Bills for metered service will be rendered as soon as practicable after the reading of the meter.

B. Bills for municipal utility services shall be due and payable upon deposit in the United States mail or upon presentation to the customer.

C. Bills for municipal utility services shall become overdue and delinquent when payment is not made by the date specified thereon.

D. Bills are payable at the City water department office or, at the option of the City, to an authorized collector.

(Ord. 178 (part), 1981)

Any consumer desiring to make repairs to his pipes, who requests the City to turn off the water, shall pay to the City an amount designated by resolution for such service.

(Ord. 178 (part), 1981)

Whenever the service to any consumer is discontinued for nonpayment of a bill such consumer shall, before such service is again resumed pay an amount designated by resolution as the cost to the City for disconnecting and reconnecting such service.

(Ord. 178 (part), 1981)

All delinquent charges and penalties that accrue for the system, plant, works, facilities or undertaking for the collection, treatment or disposal of sewage or the obtaining, conserving, treating and supplying of water pursuant to this title may, at the election of the City, constitute a lien upon the real property served (except that no such lien shall be created against any publicly owned property) and such lien, properly recorded pursuant to California Government Code Section 54340 et. seq. shall continue until the charge and all penalties thereon are fully paid or the property is sold therefor.

(Ord. 283 § 2, 1993)