Kingsburg Municipal Code Ch. 13.04 Water Service System

"Premises" means a lot or part of a lot, a building or part of a building, or any parcel or tract of land.

(Prior code § 62-1000)

A. The water works of the city, comprising the pumping station or stations, tank, mains, pipes, valves, meters, fire hydrants, other service appliances, grounds, buildings and appurtenances thereto, shall be under the supervision and control of the public works director or designee, subject to the direction and authority of the council.

B. It shall be the duty of the public works director or designee to: supervise and direct all work connected with the water works; and enforce the provisions of this code relating to the water works of the city, and report any and all violations thereof to the council; and upon a report of any violations of rules governing the use of water under a flat rate, the council may, upon his/her recommendation, replace such service with meter service at any time.

(Amended during 5-08 supplement; prior code § 62-1001)

A. All rates for water service shall be established and fixed by resolution of the council.

B. There shall be an optional flat rate service, the rates, regulations, management, and operation of which shall be fixed by resolution of the council.

(Prior code § 62-1002)

The rules and regulations set forth in the following subsections shall govern the operation and management of the waterworks of the city, and no person shall fail to comply with any such rule or regulation.

A. All costs of installation, connections and water service shall be charged against the property to which water is furnished and the owner thereof shall be responsible therefor. If the occupant of any property, who is not the owner thereof, fails to meet any payment for water service which may be due, or fails to notify the water department when vacating such property to discontinue water service thereon, then the owner of such property shall be charged for the amount due or for such an amount which may accrue from the continuation of water service to the property.

B. All unpaid delinquent water bills shall be a lien on the property serviced with said water and shall be collected and enforced in the same manner that unpaid city taxes on said property are collected and enforced.

C. 1.

Notwithstanding any other provisions in this chapter all water service billings are due and payable on the first of each month and delinquent on the twentieth (20th) day of each month. If not paid within that time a ten percent (10%) delinquency charge shall be assessed and payable on the unpaid balance. Further, water service may be terminated as provided herein for nonpayment after said delinquency date.

2. All such billings shall be assessed and collected as set forth in this chapter.

D. No water shall be turned on or supplied to any premises where water is not now furnished, or to any premises where the present service is discontinued or changed, nor shall any connection with the mains or installation of meter be made or permitted, unless request therefore shall first have been made to the city, by the person desiring the same.

E. Whenever an owner or occupant of any premises desires water service to be discontinued he/she shall so notify the public works department or the city clerk, and full rates will be charged against any and all premises, for water used thereon, until such notice has been received or new application has been made for such service.

F. Each building and service or supply pipe must have its own independent tap unless special permit, in writing, to the contrary is first authorized by the city with the approval of the council.

G. The tapping of any water main shall be done only by the city or a tapper employed by the city or by a duly licensed and bonded plumber authorized by the city to do so. City water department personnel must be present during work performed on a city water main.

H. The service cock is the property of the city and it shall not be used by the consumer for the purpose of turning the water off or on, except in case of emergency or with special permission from the public works department.

I. No consumer shall provide or furnish water regularly to any premises or to any person other than the premises to which it is introduced or to the person for whose use the installation and supply is intended. For any violation of this rule, the water shall be shut off and not turned on again until the city has been paid such sum of money, as established by resolution, as the city shall properly deem due for water so used and supplied, and, a fee as established by resolution, for shutting off and turning on the water.

J. No person shall place upon or about any meter, hydrant, service cock, or other fixture belonging to the water works, any building material, rubbish or other substances so as to prevent free access to the same at all times.

K. The public works department shall have the right in emergency to turn the water off or on from the pipes of the system without notice, but effort will be made to notify consumers in advance whenever it becomes necessary to turn it off.

L. Any damage occurring to a meter or any fixture belonging to the waterworks, from carelessness or neglect of the consumer, as well as any damage which may result from hot water or steam from any boiler or heater, shall be paid for by the consumer responsible on presentation of a bill therefore.

M. No person shall willfully or carelessly break, injure, interfere with or disturb any building, machinery, meter, pipe, service cock, hydrant, or other fixture or property of the water works.

N. No person (other than members of the fire department and employees of the city properly authorized) shall use or in any way interfere with the public fire hydrants or wrenches therefore without permission of the proper authorities.

O. No person shall wastewater provided through the city water system. "Waste" under this section shall be established if a person allows said water to flow onto adjacent premises or a public street or rights-of-way.

P. Termination of services, disconnection, may be made for violation of these rules and regulations, including, but not limited to, nonpayment of charges or fees due.

1. Non-residential users may have water service terminated for nonpayment of charges after the twentieth (20th) day of the month of billing after forty-eight (48) hours' prior notice.

2. Residential users may have water services terminated for nonpayment of charges upon due notice and under the provisions of Public Utilities Code Sections 10010 and 10010.1.

3. No disconnections shall occur during the time period when the business office of the city is closed.

4. A reconnection fee, as established by council resolution, shall be paid before water services are reconnected.

Q. When the water supply to any premises has been cut off and stopped by the city for nonpayment of water rates, or because of violation of rules and regulations, and it is found turned on again without permission, the city shall have authority to see to it that the service or supply pipe is disconnected and no water shall again be supplied to said premises until all water rates, costs and damages incurred by the city in stopping and restoring the supply, together with the sum as established by resolution for the unlawful turning on of the water, shall have been paid to the city.

R. There shall be paid to the city, at the time of application for new water connection to the city water system for any property, a water service connection fee. The amount of such water service connection fee shall be set from time to time by resolution of the city council.

(Amended during 5-08 supplement; Ord. 466, 1988: Ord. 464, 1988: prior code § 62-1003)

Service of water may be made outside the city when approved by the council, and upon the terms and conditions prescribed by the council. The other provisions of this article relating to water rates and water service shall not be deemed to apply to such service.

(Prior code § 62-1004)

Anything to the contrary notwithstanding, whenever the city council agrees in the future that water may be furnished for the benefit of a specific parcel or parcels of property outside the city limits, the furnishing of such water service outside the city limits shall be deemed subject to the condition that if the then owner of said parcel or parcels of property shall object to having his/her property annexed to the city, if it should be included in any annexation proceeding, then the water service to his/her property shall be disconnected and water service to his/her property by the city shall no longer be furnished.

(Prior code § 62-1005)

A. Water Waste: Lawn, Shrub, Tree Irrigation. No person shall allow water to run or waste from his/her property onto a city street to such an extent that water shall flow in the street gutter excessively beyond the frontage of the property occupied by such person; nor to flow excessively off of the occupied property into the street gutter; nor to continuously fall upon a public right-of-way or adjoining property such as to significantly contribute to the gutter flow; nor to excessively flow onto or continuously fall upon adjoining properties or an alley.

B. Lawn, Shrub, Tree Irrigation Restricted to Certain Days. Usage of water for the purposes listed in this section shall be restricted to three days per week as follows:

Even number addresses: Wednesday—Friday—Sunday

Odd number addresses: Tuesday—Thursday—Saturday

No watering on Monday. Drip irrigation systems will not be subject to the three-day restriction.

However, the city shall have the right, at any time, to implement more restrictive mandatory requirements and conservation measures for outdoor water usage including, without limitation reducing the number of watering days and specifying and limiting the hours for outdoor water usage during specific watering days.

C. Swimming Pool Fills and Refills. The permit fee for swimming pool initial fills and refills is hereby removed from this section and shall be set from time to time by resolution of the Kingsburg city council.

D. New or Replanted Yards. New and replanted yards will be exempt from the watering restrictions established pursuant to this chapter upon the owner thereof obtaining a two-week no fee permit from the city which will provide for exemption for the time period identified in the permit.

E. Washing Vehicles. When washing a vehicle with a garden hose, an automatic shut-off nozzle must be attached.

F. City System. The connection of any residence, piece of property, or premises with the water system of the city shall be presumptive evidence that the water for irrigation on said premises comes from the water system of the city. Waste of water, as defined in this chapter, is prohibited each and every day of the calendar year. Violation of this section, any provision of the city's water shortage contingency plan or any applicable federal, state or local law, rule or regulation regarding the use of water is hereby expressly declared to be a misdemeanor, except as otherwise provided in any provision of applicable federal, state or local law, rule or regulation regarding the use of water.

G. Construction Water. Permit to use city water during construction projects must be obtained from the Kingsburg public works department. Water used will be charged at a fee as established by resolution. Water may be taken only from fire hydrants specifically designated by the department of public works. Construction water must be utilized in a prudent manner and not allowed to be wasted. Removal of water from the city system for construction or other purposes without authorization shall be considered a violation of this section and is hereby expressly declared to be a misdemeanor.

H. Violation and Penalties. Any person willfully violating any provisions of this chapter, any provision of the city's water shortage contingency plan or any applicable federal, state or local law, rule or regulation regarding the use of water is guilty of a violation hereinafter provided and subject to the penalties, remedies and fines therefore as provided by this chapter, the provisions of the city's water shortage contingency plan or applicable federal, state or local law, rule or regulation regarding the use of water. In addition to the issuance of a citation for such violation, the following sanctions in addition to any other applicable penalties, remedies or fines, shall also apply: Upon determination of a violation of this chapter, the city's water shortage contingency plan or any applicable federal, state or local law, rule or regulation regarding the use of water, the department of public works shall issue to the user or consumer a notice of violation and direction to correct the condition or to discontinue the violation. If the consumer fails to comply with the direction of the department of public works, a fee as established by resolution of the city council will be added to the water bill and the city shall exercise any other remedies and impose and collect from the consumer any penalties and fines required pursuant to the city's water shortage contingency plan or any other applicable federal, state or local law, rule or regulation regarding the use of water. The city shall have the right to install a water meter at the expense of the water user or consumer on the water service line and thereupon such consumer or user shall pay for the water actually used at meter rates or water service shall be discontinued. Every person who willfully violates any provision of this chapter, or the city's water shortage contingency plan or any other applicable federal, state or local law, rule or regulation regarding the use of water or who verbally abuses, threatens, harasses or in any manner interferes with the city investigating or enforcing city water regulations is guilty of a misdemeanor except as otherwise provided in any applicable federal, state or local law, rule or regulation regarding the use of water.

(Amended during 5-08 supplement; Ord. 92-03 §§ 1—2, 1993; Ord. 91-03, 1991)

(Ord. No. 2014-04, §§ 2—5, 8-6-2014; Ord. No. 2014-05, §§ 2—5, 8-20-2014)

A. All property owners receiving water meter facilities installed by the City of Kingsburg or its contractors shall reimburse the city the total cost of purchase and installation of the water meter facilities for their residential property. The installation of the water meter facilities will only occur in the city street right-of-way. Work that requires replacement of facilities between the new water meter and city water main (i.e. replacement of water service line from the city water main to the property owner's residential property line) will be paid by the city and will not be charged to the property owner. If any portion of the property owner's water system located on/under the property owner's residential property requires repair, replacement or improvement (collectively "water system work") as a result of installation of the water meter facilities, such water system work and the cost thereof will be the sole responsibility of the property owner. All water system work must be completed concurrently with the installation of the water meter facilities. At the request of the property owner, the city's contractors will perform the water system work (at the property owner's expense) and the cost of the water system work will be paid by the property owner pursuant to the city reimbursement options set forth in Subsection B. of this section.

B. After completion of installation of the water meter facilities, the property owner will receive a written billing statement ("billing statement") identifying the actual cost of purchase and installation of the water meter facilities and, if applicable, the actual cost of the water system work. The billing statement will itemize all costs subject to reimbursement and will advise property owner that the property must reimburse the city the total cost of the purchase and installation of the water meter facilities and, if applicable, the total cost of the water system work (collectively "reimbursement amount") as follows: (i) payment of the total reimbursement amount within thirty (30) days after the date of the billing statement; or (ii) payment of the total reimbursement amount plus interest at the rate of two percent (2%) per annum on the unpaid portion of the total reimbursement amount in sixty (60) equal monthly installments commencing with the city water service billing issued by the city to the property owner at least thirty (30) days after the date of the billing statement. Each monthly installment will be identified on the property owner's monthly water service bill and must be paid concurrently with the property owner's water service charge for the respective month. If someone other than the property owner pays the monthly water service bill, the city will provide the property owner with a separate billing statement. The property owner may pay the reimbursement amount in full at any time prior to the end of the sixty (60) month period. Should a property owner fail to pay the total reimbursement amount within thirty (30) days after the date of the billing statement, the city will assume the property owner has elected to pay the total reimbursement amount over the sixty-month period.

C. Should a property owner fail to pay any portion of the reimbursement amount on or before the date the payment or monthly installment is due, the city shall send the property owner a written notice of non-payment identifying the amount the property owner has failed to pay. If the property owner fails to pay the amount due within thirty (30) days after the date of the written notice of non-payment, the city shall proceed to exercise any and all remedies at law or equity to collect the total reimbursement amount plus interest at the rate of two percent (2%) per annum on the amount of the reimbursement amount remaining unpaid. In lieu of bringing a collection action against the property owner, the city may execute and file in the office of the Fresno County Recorder a notice of lien of substantially the following form:

"NOTICE OF LIEN

Pursuant to City of Kingsburg Ordinance No. 2013-02, the City of Kingsburg installed Water Meter Facilities (and performed Water System Work, if applicable) related to that certain real property commonly known as _____________, Kingsburg, California, and more particularly described in Exhibit "A", which is attached hereto and made a part hereof ("Real Property"). The owner of the Real Property has failed to reimburse the City of Kingsburg the sum of ________________________________ ($______________)("Reimbursement Amount") in accordance with the provisions of City of Kingsburg Ordinance No. 2013-02. The City of Kingsburg hereby claims a lien against the Real Property for payment of the Reimbursement Amount in the sum of $______________. The Reimbursement Amount shall be a lien upon the Real Property and accrue interest at the rate of two percent (2%) per annum until the total Reimbursement Amount is paid in full.

Dated: This ____ day of _______________, 20__

_____________________________

DIRECTOR OF FINANCE OF THE CITY OF KINGSBURG (ACKNOWLEDGMENT)"

Immediately upon the recording of the notice of lien, the reimbursement amount identified therein shall constitute a lien on the real property. Such lien shall, for all purposes, be upon a parity with the lien of state and local taxes.

(Ord. No. 2013-02, §§ 1—3, 11-6-2013)