Imperial Municipal Code Ch. 23 Water

(As to building regulations generally, see ch. 6 of this Code. As to sewers and sewage disposal, see ch. 18. As to minimum water supply in subdivisions, see Sec. 20-9)

Article I In General.

23-1 Water superintendent. 23-2 Connections to water system generally. 23-3 Control and maintenance of water connections. 23-4 Water charges – Schedule. 23-5 Same – Billing; when due and payable; penalty for delinquent payment; discontinuance of service. 23-6 Same – Application for water service; liability for payment. 23-7 Meters. 23-8 Deliveries outside city. 23-10 Rules and regulations; damaging, etc., water system; unauthorized use of water. 23-11 User giving water to others. 23-15 Water draining, flowing, etc., onto streets, sidewalks, etc., prohibited.

Article II Cross-Connection Control

23-16 Purpose 23-16.1 Definitions. 23-16.2 Cross-connection protection requirements. 23-16.3 Backflow prevention devices. 23-16.4 User supervisor. 23-16-5 Administrative procedures. 23-16.6 Water service termination. 23-16.7 Requirements for the certification as a backflow prevention device tester. 23-17.8 Severability.

Article I. In General

superintendent, which shall be filled by appointment by the city council upon the recommendation of the water commissioner. The water superintendent shall serve during the pleasure of the city council and shall receive such compensation as shall be fixed, and discharge such duties as are now or which shall hereafter be provided by ordinance or resolution passed and adopted by the city council. (Ord. 328)

IMPERIAL CITY CODE CHAPTER 23 - WATER

with its water system as may be determined by the water superintendent or the city council and shall impose fees and charges as hereinafter set forth. The city council may establish different rates for water connections outside the city limits to the extent such connections are otherwise permitted or authorized. No such connection shall be made outside the city limits without specific authorization of the city council. (Ord. 419)

system, including meters, shall remain in the city, and the city shall maintain and repair all connections and meters existing within the street lines of the city. (Ord. 328)

a) At the time application is made for connection to the city water system, the applicant shall deposit sums to defray costs of completing connection to the city water system in an amount established by resolution.

a-1) Due to the temporary and acute nationwide slowdown in the housing

market, and notwithstanding any other requirements of Chapter 23, Article I, the City manager shall have the authority to consider and approve requests to defer payment of water capacity fees to the earlier of final inspection, Certificate of Occupancy, or one year from the date the deferral is approved by the City Manager. This section shall automatically expire and be of no force and effect after such date as specified by Resolution. (Ord. 768)

b) At the time application is made for connection to the city water system,

the applicant shall pay the city a water treatment plant capacity fee. City shall hold such fee in an account set aside to provide for future water treatment plant growth. The amount of such fee shall be set by resolution of the city council.

Such fees shall also be paid before a building permit will be issued for any building or addition that creates an intensified use of property over that which was previously existing on the building within a five year period immediately preceding said permit date. The city staff is authorized, when substantiating documentation is submitted by the developer/owner of prior number of bedrooms and/or square footage for commercial or industrial development, to credit the developer or owner for that prior usage against the water capacity fee so long as said prior usage occurred on the property within five years of the requested development permit. Said intensified use is applicable to the scheduled fees and which will result in a net increase in occupancy and/or impact to the water system. (Ord. 561)

c) User Charges. The water use fee for all users of the City water treatment

system shall be established by resolution of the City Council. (Ord. 636)

IMPERIAL CITY CODE CHAPTER 23 - WATER

d) Optional Billing Program for Condominium Complexes in the City of

Imperial:

1) A homeowner’s association may elect to be billed for City services

(water, sewer and trash) in accordance with City ordinances, resolution, and policy applicable to apartments. In such case, a homeowner’s association will be considered the “owner” for billing purposes. The homeowners’ association shall provide documentation to City of its due formation and existence.

2. In the alternative, City shall, upon application by the homeowners’

association, bill for City services as set forth herein below. If the homeowners’ association selects alternative billing, the condominium owner and homeowners’ association agree and acknowledge that failure on the part of either to pay shall result in termination of service in accordance with established ordinance regulation and policy of the City. Water user fee for condominium owners and homeowners’ association shall be established by resolution of the City Council. (Ord. 636)

3) If the alternative billing method set forth above is selected, the

homeowners’ association shall make a deposit in an amount to secure payment of the amounts required to be paid by the condominium owner and the homeowners’ association as set forth above. The homeowners’ association shall guarantee payment of all charges for City services. (Ord. 636)

discontinuance of service. Charges by the city for water availability and water furnished as provided in this Chapter shall be billed monthly to the owners of each premises at the address stated in the application for service. Matters relating to due dates, delinquency charges and discontinuance of service may be established by resolution of the city council. (Ord. 519)

the city for water service shall be in writing on forms provided by the city, and shall be signed by the owner of the premises or his authorized agent. Any agent for an owner making application hereunder shall be liable for the payment of all water charges as established hereby. The owner shall be liable and responsible for the water charges regardless of whether or not the premises are occupied by tenants or others. All unpaid water charges and fines and penalties assessed as hereinafter provided shall constitute a charge against the premises and the owner thereof. (Ord. 328)

the event the water superintendent in his discretion deems such installation necessary. It shall be the duty of the owner of the premises and all occupants thereof upon which a meter is installed to properly safeguard the meter and to return it to the city in good condition when demanded by the water superintendent. The owner of any premises upon which a measuring meter is installed shall pay to the city for all damages to the meters and all damages occasioned by the owner’s failure to return the same to the city upon

IMPERIAL CITY CODE CHAPTER 23 - WATER

demand. No person shall tap or make any connection with the water distribution system of the city unless duly authorized by the water superintendent to do so. All water furnished and delivered by the city shall pass through meters and connections as hereinbefore provided. Any person lawfully receiving water through any meter may file with the water superintendent his demand in writing, accompanied by a deposit of two dollars, requesting that such meter be examined and tested for the purpose of ascertaining whether the same are correctly registering the amount of water delivered. Thereupon, the water superintendent shall cause the meter to be examined and tested, and if it shall be found to register over three percent more water than actually passes through it, it shall be replaced by another meter, and the deposit shall be returned to the person who shall have made the same, and the water charge for the current month, but not prior thereto, shall be adjusted in such manner as the water superintendent shall determine to be equitable. If, upon examination, the meter shall register not over three percent more water than actually passes through it, no adjustment shall be made and the deposit shall be retained by the city. (Ord. 328)

furnish water for use by consumers residing outside of the city. Water shall be delivered to consumers outside of the city only at such time as the city has a surplus over and above the requirements of consumers residing inside the city. Water shall be delivered to consumers residing outside of the city only upon written application made to the city council, and if delivery is authorized by the city council, it may impose such terms and conditions and such water charges as it may deem reasonable and just in the circumstances. Delivery of water to consumers residing outside of the city shall not establish any right whatsoever in the consumers for continued service. Service to the consumers residing outside of the city may be discontinued at any time without notice by the water superintendent or by the city council in the event there is not sufficient water to supply all consumers within the city. Water service outside of the city may be discontinued at any time by the water superintendent or by the city council upon giving thirty days’ notice in writing to the owner or occupant of any premises receiving water service outside of the city, and the notice shall be validly given by leaving a copy of the notice on the premises to which water service is being provided. (Ord. 328)

authorized employee or agent of the city, upon presentation of his badge or other credentials shall have reasonable access at all reasonable time to any premises receiving water service from the city, for the purpose of reading meters or to inspect the water system thereon, or any other reason necessary in connection with the conduct and maintenance of the water system of the city. (Ord. 328)

23-10 Rules and regulations; damaging, etc, water system; unauthorized use of water. The city may, by resolution of the city council, provide such further rules and regulations as it may deem reasonably necessary or advisable to accomplish and carry out the purpose and intent of this chapter. It shall be unlawful for any person to tamper with, alter or deface or destroy any part of the water system. It shall be unlawful for any person to use water or turn or open any valve or water outlet on premises where water

IMPERIAL CITY CODE CHAPTER 23 - WATER

service has been discontinued for nonpayment and delinquency or any other reason as provided herein. (Ord. 328)

(For fines and penalties see Ch. 1, Sec, 1-7 of this Code.)

23-11 User giving water to others. No person receiving water service pursuant to the terms of this chapter shall use water on any premises other than described in the application for service, or suffer or permit any person to take water from the premises for use elsewhere. (Ord. 328)

event of any emergency or in the event it is necessary to make repairs to or extensions of the water system, the city reserves the right to shut off water service without previous notice to any consumer, and to keep the water shut off for such time as may be necessary to accomplish repairs, new work or extensions, or for the duration of any emergency condition.

It is expressly stipulated by and between the city and all water consumers that not claim for damages shall exist or shall be made against the city arising from the discontinuance of water service hereunder for causes beyond the control of the city, or for causes reasonably necessary in connection with the operation and maintenance of the water system or the protection and best interests of the city, nor shall there by any liability for the discontinuance of service to any persons or premises who shall violate any of the rules and regulation herein provided for. (Ord. 328)

any person for temporary service, the water superintendent or city council may by resolution authorize or permit such special service or temporary service upon such terms and conditions and the payment of such charges as the water superintendent or city council may deem proper. (Ord. 328)

or circulating purposes shall be installed or connected to or supplied from the water system of the city unless such refrigeration unit has a meter tower or similar device using a pump recirculating and reusing water used for cooling purposes.

23-15 Water draining, flowing, etc., onto streets, sidewalks, etc, prohibited. It shall be unlawful for any person, either as owner, agent, employee or otherwise, to cause, or negligently permit, water to drain or overflow upon, or flood, any street, alley or sidewalk in the city. (Ord. 297)

Article II. Cross-Connection Control

suspended from or supported by a building or wall and which project beyond the surface of the building.

a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the City Engineer. 37. Real Estate Sign: A temporary sign advertising the real estate upon which the sign is located as being for sale, lease or rent.

whichever is higher, excluding any mansard, pylon, chimneys or minor projections.

or connected to, the roof of any building. 4038. Sign: Any device, fixture, or structure that uses color, form, graphic, illumination, symbol, or writing to advertise, announce, identify or communicate information of any kind to the public. 40. Sign Width:Maximum horizontal dimension of a sign or sign structure. 5

39. Special Event Sign: Any sign advertising or pertaining to any civic, patriotic, religious, cultural, community, or political event taking place on a specific date or dates.
40. Subdivision Identification Sign: A freestanding or wall sign identifying recognized subdivisions, condominium complexes or residential developments.
41. Temporary Signs: Any sign, banner, pennant, valance, balloon, poster, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only, not to exceed forty-eight (48) days within a twelve-month period or as specified in table 22.1-1. Temporary signs, such as political, real estate, or special event, are short-term, impermanent communication devices that do not possess a real property interest; they are considered personal property. These signs may be either on-premise or off-premise.
42. Total Sign Area: The coi:mined permitted sign sizes of all signs on any one lot, size, building, structure or other premises, excluding temporary signs, banner signs, special event signs, public information signs and traffic signs.
43. Undercanooy Signs: Unlighted or luminous signs attached to the underside of a projecting canopy perpendicular to the building frontage.
44. Vehicle Mounted Sign: Any sign, erected, mounted, attached to, secured, set or fastened to a stationary car, motorcycle, truck, bicycle or other means of personal material conveyance, used for the purpose of advertising a business transacted or conducted, services rendered, goods sold or produced, the name of a business, and the name of the person, firm or corporation; whether occupying or not occupying the premises on which the vehicle is located.
45. Wall Signs: Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than twelve inches from the building or structure wall.
46. Window Signs: Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building.

The area of a sign shall be calculated by enclosing the entire area of the sign within a single continuous perimeter composed of a square or rectangle which encloses the extreme limits of the sign. (Refer to Exhibits A and B) The sign area enclosed shall include writing, logos or any figure of similar character, together with any frame, background area, structure trim, or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed.

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Section 24.16.050 Prohibited Signs amended and repealed as follows:

Except as otherwise provided in this chapter, the following prohibitions apply to all signs:

1. Signs that obstruct any window, door or other opening used as means of regular ingress and egress, or for required legal light and ventilation; or fire escapes and other openings for emergency access and escape; or that create a safety hazard by obstructing clear view of pedestrians or vehicular traffic.

2. Signs placed on public property or within the public street right-of-way, (e.g., snipe signs, human directional, etc.) except for marquee signs and signs for neighborhood watch, contingent upon review and approval of a sign permit by the assistant community development director.

3. Signs with an intensity of illumination or location that interferes with the proper operation of motor vehicles on a public street.

4. Signs that are lewd, indecent or otherwise offensive to the public morals.

5. Murals of any kind, unless approved by the administrative committee and community services commission, where applicable.

6. Signs that identify or advertise a product or business not located on the property on which said sign is located.

7. Revolving signs. Any sign or portion thereof that physically rotates about an axis.

8. Painted wall signs. Any sign painted on the wall of a building or structure, with the exposed face of the sign in plane parallel to the plane of said wall.

9. Animated, flashing, audible and intermittent signs.

10. Billboards

11. Bench signs, except at designated public bus stops when the proposed advertising will pay for the construction use and maintenance of said bench.

12. Exposed lamps, spot lights and "goose neck" reflectors.

13. Flags, banners, streamers and pennants, unless specified different under specific design criteria in the Master Sign Program.

14. Portable signs.

15. Poster Signs.

16. Roof signs.

17. Signs located in or projecting into the public right-of-way.

18. Signs that by color, wording, design, location, illumination resemble or conflict with any traffic control device or with safe and efficient flow of traffic.

19. Signs that create a safety hazard by obstructing clear view of pedestrian and/or vehicular traffic.

20. Signs that project above a parapet or the highest point of a roof.

21. Sign Appendages

22. Signs which use guy wires or cables.

1. Change of Copy within a previously approved sign or sign program.
   2. Temporary holiday decorations.
   3. Interior signs.
   4. Memorial Tablets, plaques or directional signs.
   5. Public Transportation signs.
   6. Public Utility signs.

Section 24.16.080 Permitted Signs :

SIGN USE SIGN TYPE MAXIMUM MAXIMUM NUMBER OF COMMENTS
HEIGHT SIZE SIGNS
Business Outdoor 15 feet 150 sq. ft. Maximum of 3 Must obtain City Sign Permit before placement of signs
Identification Advertisement per business
(Commercial and Any advertising done outdoors that publicizes a business’ or
Industrial Zones) entities’ position, products or services. Types of outdoor
advertisement include, but are not limited to, billboards, private
bus bench signs, interiors and exteriors of private buses, taxis and
business vehicles and signs posted on the outside of the entities’
place of business.

Mobile Signs Depends on Requires Depends on Must obtain City Sign Permit before placement of signs
Sign, structure, administerial Mobile and
and approval review and approval from Mobile signs may be allowed with a mobile food vendor or
by the approval Development sidewalk vendor permit.
Development Review
Review Committee
Committee.
Temporary 15 feet 150 sq. ft. Maximum of 3 Must obtain City Sign Permit before placement of signs.
Sign signs per
business or event Any commercial or non-commercial sign, banner, pennant,
valance, balloon, poster or advertising display constructed of
cloth, canvas, light fabric, cardboard, wallboard, or other light
material with or without frames, intended to be displayed for a
limited time period of forty-eight (48) days.
within a twelve-month (12) period. A temporary event sign must
be removed within 10 days of the event it publicizes.

SIGNS PERMITTED IN INDUSTRIAL ZONES

SIGN USE SIGN TYPE - -- ,I. (IITTM HEIGH) MAXIMUM SIZE NUMBER OF SIGNS REMARKS Business Wall Sign Below Roofline 10% of the building face not to exceed 150 One per building Wall signs shall identify the Identification sq. ft. face, not to exceed a business only. (multi tenant total of 2 signs Wall signs shall be placed onsites) the building only.

A combination of monument
and wall signs may be used,
however, only a maximum of 3
Monument 20 feet from grade if One per street signs may be used to identify
Sign adjacent to Freeway frontage Frontage Street Classification one business.
or Major Arterial

Local Street 32 sf Wall signs and monument
Secondary Arterial 32 sf signs shall be architecturally
Industrial Collector 50 sf designed to be compatible with
10 feet from grade if Major Arterial 50 sf the building and with each
adjacent to Industrial Freeway 50 sf other.
Collector, Major
Arterial, or Local Monument signs shall be
Street setback five feet from the
property line

Directory 6 feet from grade. 24 square feet One per site. The directory sign shall list
Sign only the address and names of
the on-site businesses and be
located either adjacent to the
parking area or the main
develonment.
Amended-by Ord. 703

SECTION 24.17 NONCONFORMING USES AND STRUCTURES