Chapter 13.50 — MUNICIPAL WATER SYSTEM

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

"Administrative regulations" means the regulations ("the regulations") adopted by resolution of the city council which, in addition to the provisions of this chapter, govern the operation of the water system.

"Applicant" means the property owner applying for water service, water service connection, or water main extension.

"City" means the City of Jackson, a municipal corporation, and its duly authorized representatives.

"Commercial office" means the business office of the City of Jackson, department of water resources.

"Construction water permit" means the permit required for anyone using water for construction purposes prior to installation of permanent meter.

"Consumer" means a person or entity of record as a customer receiving water service or other services from the water system.

"Demand" means the rate of draft of water for specified time; the total quantity of water delivered or received.

"Fire Chief" means the chief officer of the Jackson fire department.

"Jackson municipal water system, "water system," "the water department" or the "department" means the water system acquired by the City of Jackson from Jackson water works effective January 1, 1993, together with such additions and improvements thereto as may be made from time to time.

"Main extension" means extension of transmission or distribution pipelines, exclusive of service connections, beyond existing facilities.

"Mains" means the transmission or distribution pipelines of the water system.

"Owner" means the person owning fee title 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 of buildings under claim of, or exercising acts of ownership over the property for him or herself or, as executor, administrator, guardian or trustee for another.

"Premises" means that separate, identifiable and transferable lot or parcel of real property, including the improvements thereon; except that, any portion thereof having well defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, for the purpose of this chapter shall be considered separate premises.

"Services" means the delivery or receipt of water; a water service connection; and act or duty performed by the water system.

"Superintendent" means the water superintendent charged with the responsibility of operation and maintenance of the water system in the field.

"Water service" means the delivery or receipt of water from the water system; a water service connection.

"Water service connection" means the connection including service pipes, meters and appurtenances through which water delivery is made to an individual occupancy.

"Water system" means the water facilities and the entire physical plant of the water resources division of the city public works department, up to user's meter. (Ord. 578 §2, 1995)

• A. Rules as set forth herein are adopted to govern the general operation of the Jackson water system to provide an efficient and commercial water supply.

• B. The city council shall adopt by resolution or ordinance, rates, fees, charges and administrative and operating regulations to further the purposes of this chapter, and which do not conflict with the provisions herein.

• C. The payment of rates, fees and charges as set forth and adopted by resolution or ordinance of the city council pursuant to the provisions of this chapter are adopted as conditions to obtaining water and other services from the Jackson water system.

In case of fire, or alarm of fire, should circumstances warrant:

• A. The water system 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 necessary;

• B. The fire chief or incident command officer shall have the authority, should the need arise, to request the setting of gates and valves in water mains to secure the greatest possible pressure at the points required. When the need for such changes has passed, the requesting fire officer shall notify the superintendent in order that the system may be restored to its normal operating status.

• (Ord. 578 §2, 1995)

No person except an authorized employee of the water system shall open or close any valve or tap, or modify any regulator on water system, or insert tees, stopcocks or ferrules therein. Where service pipes are found disconnected at the corporation stop, they shall be reconnected only by an authorized employee of the water system.

(Ord. 578 §2, 1995)

Provided that an inspection warrant is obtained when necessary, authorized employees of the water system or its duly authorized agents shall at all reasonable times have the right of ingress and egress to a customer's premises for any purposes reasonably associated with providing services to the customer, conservation of water, or inspection of the water system.

All persons engaged in construction or street work shall give at least ten days' written notice to the water system for removal or displacement of water system facilities that may interfere or conflict with street work and any damage resulting to such facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacement of water facilities shall be paid by the person engaged in such work, except where provisions of city permits or contracts state otherwise. (Ord. 578 §2, 1995)

The city shall not be liable for damages resulting from:

• A. Any interruption of service or damage caused by spigots, valves or other equipment or fixtures that are open when water is turned on, whether when water is turned on originally or when turned on after a temporary shutoff;

• B. Any increase or decrease in delivery pressure.

• (Ord. 578 §2, 1995)

• A. Every person accepting delivery of water from the water system shall be considered as having expressed his or her consent to be bound by this chapter and the administrative or operating regulations adopted pursuant to this chapter. Whenever any of the provisions of this chapter and administrative regulations are violated, the city reserves the right to discontinue water service for noncompliance. Unless otherwise provided, the water system shall discontinue water service if the customer fails to comply within five days after the date of written notice of violation. If such noncompliance affects matters of health or safety, or affects the operation, maintenance or other costs of the water system, water service may be discontinued immediately without prior notice.

• B. Water service shall not be resumed unless and until all unpaid fees and charges are paid, and other requirements of this chapter and administrative regulations are fulfilled.

• C. Without limiting the foregoing, all users shall comply with Section 13.55.030, whether or not a formal drought or water shortage has been declared.

• (Ord. 578 §2, 1995; Ord. 709 §2, 2019)

It is unlawful for any person or entity other than the water system to sell water within the corporate limits and service area of the city without having first received authorization to do so by resolution of the city council. Bottled water and vending machines are exempted from this provision.

(Ord. 578 §2, 1995)

• A. Before water shall be supplied to any premises, the customer shall make written application to the city for water service on a form provided by the city. The default customer shall be the owner of the property as shown on the latest Amador County secured assessment roll. However, to the extent required by law or permitted by the city, tenants may obtain service subject to Section 13.50.130.

• B. New applications for service shall be accompanied by a deposit as set forth in the administrative regulations. Deposits, less any amount for unpaid fees and charges, shall be returned upon discontinuance of service. The administrative rules and regulations shall provide for the establishment of credit ratings to minimize or eliminate the need for deposits in appropriate cases.

• C. Receipt of any application shall not obligate the water system to provide service until the application is approved and all deposits received.

The city shall have the right to refuse to furnish water or may discontinue water service to any premises for the following reasons:

• A. The requested water service demand may be detrimental or injurious to the water service of other customers;

• B. The distribution facilities are inadequate to supply the requested water service demand;

• C. The premises are not cleared for occupancy by the issuance of: (1) a certificate of occupancy; (2) a final sign-off of the building permit; or (3) planning and zoning clearance or use permit authorizing the activity or occupancy proposed.

• (Ord. 578 §2, 1995)

Division II Water Services

A person taking possession or occupancy of premises and water without having made application for water service shall be held liable for all water used from the date of the last recorded meter reading. If application for service is not made within seven calendar days after notification to do so or if accumulated water bills are not paid upon presentation, the water service shall be discontinued without further notice.

(Ord. 578 §2, 1995)

Upon commencement of water service, the applicant shall be liable for all water delivered through that particular service and all other charges applicable to such service. When two or more persons jointly make application for service, they shall receive a single periodic bill, but shall be jointly and individually liable for payment of all charges incurred. Moreover, any delinquency may be collected on the latest Amador County secured assessment roll in the manner permitted by law.

Requests to discontinue water service shall be submitted at the commercial office and shall stipulate a definite date, the same being a working day, during which water service shall be discontinued, and a proper forwarding address at which the customer will receive a closing bill. After effective date of discontinuance, all water use charges shall cease for the period during which service shall be shut off, providing the shutoff is for a period not less than one month. No credit shall be allowed on shutoffs for a period of less than one month. (Ord. 578 §2, 1995)

When the applicant for water service is a customer or former customer who has failed to pay bills for previous water service or charges for any other service received from the water system, the city shall refuse water service to the applicant until all legally collectable outstanding bills or charges are paid and may also require a cash deposit as a guarantee for the payment of future bills.

Customers making any change in the size, character or extent of the structure or facilities on their premises utilizing the water service, shall notify the water department not less than sixty days before making such change. Where the water department determines that the proposed changes will result in a significant increase in water usage, the department may require increase in service.

(Ord. 578 §2, 1995)

Facility participation charges, as set by resolution of the city council, shall be paid to the city for all new connections to the system. Said facility participation charges shall represent and be for the purpose of each increment of new development and construction of new premises as new customers requiring service, paying its fair share of the existing system, replacing capacity consumed, and reimbursing acquisition and improvement cost obligations in place. Such charges shall be due prior to issuance of any building permit. Said funds collected shall be held and accounted for in a separate fund, the use of which shall be restricted to water treatment, storage and transmission facilities.

(Ord. 578 §2, 1995)

The standard single-family residential water service shall be a three-fourth-inch service pipe and three-fourths by five-eighths inch meter, and the same shall be the minimum required to provide service to a single-family dwelling.

(Ord. 578 §2, 1995)

• A. Water service connections shall be installed only in public streets, easements or rights-ofway under the control of the water system.

• B. Where the premises to be served in front on more than one street, the city has the right to designate on which frontage the service connection shall be installed.

• C. New or relocated meters shall be installed in the public right-of-way behind and adjacent to the public sidewalk or as otherwise designated by city. All meters must be installed at the minimum distance of three feet from any driveway unless a variance is granted pursuant to Chapter 17.38 of this code.

• (Ord. 578 §2, 1995)

A single service connection shall not service more than one parcel, lot or premises. Separate lots and premises under a single ownership, control or management shall be supplied water through separate service connections, but billing shall be through a master meter and the property owner shall be liable for and responsible to pay all charges for service imposed by this chapter. The master meter billing method shall only apply to residential and residential/commercial combination accounts. Notwithstanding the foregoing, the city shall permit individual tenants in master meter situations to become individual customers to the extent required by law or permitted by the city.

• A. Single-Family Residence. Liability for charges under this article shall commence with respect to new single-family residences upon issuance of a permit by the city building official or onset of water use, whichever occurs first.

• B. Multiple Buildings Include Duplexes. Liabilities for charges under this article shall commence with respect to new multiple buildings upon issuance of a building permit or onset of water use, whichever occurs first.

• C. Commercial and Industrial Buildings. Liabilities for charges under this article shall commence with respect to new commercial and industrial buildings upon issuance of a building permit or onset of water use, whichever occurs first.

(Ord. 578 §2, 1995)

Applications for new or revised water service connections to supply premises which are wholly or partly outside the city water service area shall not be accepted or approved nor ordered installed, unless the city council has approved such application. Before granting approval, the city council shall cause an investigation and obtain surety adequate to assure that:

• A. The provision of water service by the city will not conflict with the provisions of service by another water service agency;

• B. There will be full compliance with the provisions of this chapter and administrative regulations adopted pursuant to this chapter.

Charges for meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner.

(Ord. 578 §2, 1995)

When a customer requests the relocation of an existing meter or service connection which is requested for the customer's convenience, the relocation shall be at the customer's expense. (Ord. 578 §2, 1995)

• A. Title to all meters, service pipes and appurtenances used in providing a water service connection shall remain with the water system and the charges set forth are for connections and do not convey any right of title. The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.

• B. If a water service is discontinued or abandoned, there shall be no right or refund of connection charges, or credit in any manner, accrue to the applicant, customer or successor.

• (Ord. 578 §2, 1995)

In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or right-of-way, across the entire frontage of the property to be served. Wherever as a condition of service a water main must be extended, the same shall be installed by the applicant in compliance with the provisions of this chapter. The inside diameter of every main to be installed shall not be less than eight inches unless otherwise determined by the city engineer.

(Ord. 578 §2, 1995)

• A. When the city council determines it to be in the public interest for the city to extend water lines, in advance of development or for any other purpose, the city may proceed with such extensions to the extent and in the manner determined by the city council. Such extension may be installed at the cost of the city or pursuant to appropriate assessment district proceedings.

• B. If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained together with an allocation of such costs to all parcels of property which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereof, severally and respectively.

• (Ord. 578 §2, 1995)

At the time of installation of any water service which will be served in whole or in part by a water main to which this section is applicable, the water system shall collect a special connection charge, in addition to all other charges and fees provided for by this chapter and administrative regulations. Such charge shall be in an amount equal to the total cost allocated to that parcel of property by the city as provided in Section 13.50.240 of this chapter.

• A. In addition to all other charges specified in other ordinances of the city, there shall be collected the following fees with respect to the plan checking, inspection and related services performed by the city with regard to permit applications for water connections to city's systems:

  1. Plan Checking. A deposit in the amount determined by resolution or ordinance of the council shall be submitted at the same time the application, plans and specifications are filed with the city.

  2. Inspection. A deposit in the amount determined by resolution or ordinance of the council shall be submitted prior to commencement of construction of the water system.

• B. No checking of plans or specifications shall be commenced, no inspection undertaken until the respective deposit has been made. Upon completion of the plan checking, or upon completion of the inspection, the fee for such plan checking or such inspection shall be set by the city in the amount necessary to reimburse the city of the engineering fees and other costs incurred plus reimbursement for the time the city manager or his/her designee is devoted to such checking or inspection. Upon computation of the plan checking or inspection fee of the basis specified in this chapter, such fee shall be charged against the respective deposit required above. If the deposit exceeds the fee, a refund shall be made to the applicant. If the fee exceeds the deposit, the applicant shall pay the balance to the city within ten days after notice of such deficiency.

• A. When an application is made for fire service connections, such sprinkler and fire service installation must be approved by the fire chief. Each fire service shall be no less than four inches in diameter and shall have a detector check valve installed therein.

• B. Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test, he or she shall notify the superintendent at least three working days in advance.

• C. If it is found that an unauthorized connection or use has been made, the customer shall be notified to discontinue such connection or use, and if the customer fails or refuses to do so, the water to such service shall be shut off and remain so until the fire service connection acquires compliance and approval.

• (Ord. 578 §2, 1995)