Lemoore Municipal Code Ch. 7 Water and Sewer Regulations

ARTICLE A. WATER USE AND SERVICE

SECTION:

On and after the effective date hereof, users of the water system to the City shall pay the monthly rates and fees then in effect and as may be amended from time to time in accordance with this article and abide by the regulations established pursuant to the provisions of this article. (Ord. 8205, 10-5-1982)

A. Water Office: It shall be the duty of the Water Office to assess, bill for, and collect charges for water use and service and to assess, bill for, and collect basic penalties and additional penalties for nonpayment of the charges within the time and in the manner prescribed by the City Council. References in this chapter to Water Collector shall mean the Water Office. (Ord. 9801, 3-17-1998)

B. Water Superintendent: The Water Superintendent employed by said City shall have the sole charge and management of the Municipal water plant, the care and custody of the motors, pumps, wells, all types, tools, implements and materials used in connection with said plant, and shall be held responsible for the safety of the property entrusted in his care, subject at all times to the order of the City Council. The said Water Superintendent shall perform and do all things required by him by the City Council relating to the operation and care of the plant, and any and all repairs and changes to any part of the plant are to be done under the supervision of the said Superintendent. (Ord. 8205, 10-5-1982)

For the purpose of this article, a "utility" is defined as a system, plant, works, facilities or undertaking for the collection, treatment or disposal of sewage or for the obtaining, conserving, treating and supplying of water and a sanitation or garbage removal or disposal system 1 . (Ord. 8205, 10-5-1982)

No one except the City Water Collector or a regularly authorized officer of the Water Department shall turn the water off or on at any premises. (Ord. 8205, 10-5-1982)

In every case in which any property owner or his agent desires a connection to be made to the water mains of the City, an application must be made to the Utility Billing Department. Applications from public agencies, landowners, developers, or commercial businesses for water service outside the City boundaries shall be evaluated and approved consistent with subsections 7-7C-2B and C of this chapter.

Each applicant for water service may be required to establish credit before service will be initiated. Credit will be deemed established if the applicant meets any or all conditions established by City Council resolution.

A. If a deposit is made or required to establish credit, it shall be paid to the Utility Billing Department, which will deposit it into a special, non-interest-bearing account dedicated exclusively for such purposes. In the event the service account becomes delinquent or when service is terminated, the deposit will be applied to the customer's unpaid bill(s). If the deposit exceeds the amount of the bill(s), the excess amount will be refunded to the customer. The deposit shall be refunded to a customer who has paid all bills for water service without delinquency for the prior twelve (12) consecutive months. If the City draws against the deposit to cover delinquent payments, the City may require the customer to restore the deposit to its original amount as a condition of providing ongoing water service.

B. The Water Division shall furnish temporary service, if feasible, to any applicant on the following conditions:

1. Applicant will be required to pay the estimated cost of installing and removing the facilities necessary to furnish service in advance; and

2. Applicant will be required to establish credit in the manner set forth in subsection A of this section.

C. Before any such application for water service is granted, the Utility Billing Department shall confirm that applicant has paid any delinquent utility services account with the City in the name of the applicant, the applicant's spouse, any co-resident, business firm or association with which the applicant is or has been associated in such a way as to benefit directly from the City's utility service. If it is discovered later that any customer had an outstanding delinquent account with the City for utility services at the time of the application in the name of the applicant, the applicant's spouse, any co-resident, business firm or association with which the applicant is or has been associated in such a way as to benefit directly from the City's utility service, then the outstanding balance of any such account shall be added on to the balance of the customer's new account. (Ord. 2018-07, 9-18-2018)

7-7A-5.5: WATER METERS; NEW SERVICE:

As a condition of new water service, a suitable water meter to measure the water service shall be installed on the water service facilities in accordance with chapter 8 (commencing with section 500) of the California Water Code. The cost of installation of the meter shall be paid by the water user, and the City does hereby impose the cost of the installation of the meter in the amounts set forth in resolution 8808 (adopted May 17, 1988, and as amended, from time to time, thereafter). The provisions of this section shall be construed consistent with the provisions of section 110 of the Water Code and chapter 8 of division 1 of the Water Code.

A. New applicants for domestic service, which is defined as an existing non-metered service, may select to maintain the unmetered service and to pay the established unmetered flat rate. Once an applicant or customer has elected either a flat or metered rate, it shall be billed for its service under the selected rate schedule while it remains a customer. All new connections to the water system shall be metered with a meter of at least one inch (1") in size and installation of such meters shall be at the sole cost and expense of the applicant.

1. Should a customer remodel, modify, change or alter its premises and the cost of such remodeling, modification, change or alteration exceeds five thousand dollars ($5,000.00), the customer shall be required to install a water meter to measure water use at the customer's premises. The customer shall pay the total cost of the purchase and installation of the meter, including, without limitation, the cost of the meter-box.

2. Should any Federal, State or local law, regulation or ordinance mandate the installation of water meters for any type of water use, including, without limitation, the installation of water meters on currently unmetered service connections, then on the date any such Federal, State or local law, regulation or ordinance is passed, adopted or enacted, the installation of the required water meters shall be at the sole cost and expense of the owner of the real property upon which the meter is to be installed.

3. If a customer's premises are demolished, destroyed or removed from the real property upon which they are located, reconnection to the water system shall require a meter and all costs shall be borne by the customer.

4. Installation of all new water services, including, without limitation, water meters, shall be performed by contractors and/or subcontractors who are duly licensed by the California State Licensing Board. All methods, materials, work procedures, and workmanship shall conform to City standards and must be approved by the City's Utilities Director or their designee.

5. Customers who install meters shall only install City- approved meters, automated meter reading devices, and meter boxes. Determination of whether a turbine or compound meter is required shall be made by the Utilities Director or their designee. All meters, automated meter reading devices, and meter boxes installed to the City's satisfaction shall become and remain the sole property of the City and shall be serviced and maintained by the City.

6. Approved backflow devices that are required to be installed by the Utilities Director or their designee are required to be tested annually and repaired by a certified tester approved by the Utilities Director or their designee, so they remain in good working order at the sole expense of the customer. If the customer fails to have the backflow device tested or repaired in the timeframes provided in the service notice from the Water Division, the City reserves the right (but shall not be required) to test and/or repair the device at the sole cost of the customer and to charge the customer for costs incurred and administrative and inspection fees established by a separate City Council resolution.

7. Subsections A1 through A6 of this section shall also apply to any customer premises located outside of the City limits, but within a County area receiving water service from the City.

B. Applicants for commercial service or industrial service shall be served under metered rates. (Ord. 2018-07, 9-18-2018)

All taps to water mains shall be made by the Water Superintendent. No person shall make any tap or in any other way tamper or meddle with any of the property of the City waterworks without the written permission to do so by order of the City Council or the Water Superintendent. (Ord. 8205, 10-5-1982)

There shall be a stopcock in every connection at a point designated by the Water Superintendent. Said stopcock and the box containing the same shall be for the exclusive use of the City and shall be under its exclusive control. The City shall not be responsible for damages to any building or its contents from any break beyond the service box; and the water consumers are hereby required for their own protection to provide at their own expense another stopcock to be placed at the first suitable joint beyond the stop or service of the City. (Ord. 8205, 10-5-1982)

A. Use Of Water To Other Property: No consumer of water from the City or any other person shall under any circumstances furnish any water from his service to any person or upon any lot or property for which the prescribed rate is not being paid.

B. Obstructing Water System: No person shall place on or about any hydrant or stopcock connecting with the pipes of the waterworks of the City any building materials or other obstruction which will prevent free access to the same. (Ord. 8205, 10-5-1982)

A. Repairs And Extensions: The City reserves the right to shut off the water at any time for the purpose of making repairs or extensions to the system or any other purpose and assumes no responsibility for any damage resulting from the water being turned off.

B. Fires: When an alarm of fire is turned in, the water consumers on the City mains must immediately turn off all taps, faucets or any means of letting water run, which may at the time be open, and the water is not to be turned on again until such fire is known to be extinguished.

C. Delinquencies And Non-Payment: The City reserves the right to shut off the water at any time service charges become delinquent as described in this article. (Ord. 2018-07, 9-18-2018)

A. Powers Of The City Council: The City Council may, by resolution, further define any of the uses classified herein, resolve any uncertainties regarding the proper rate under specified conditions, and establish rates for any use not herein specifically enumerated.

B. Rates Established: The monthly rates to be collected by the City for water supplied from its waterworks to consumers shall be established by resolution of the City Council in accordance with City ordinance 8205 and the provisions of Government Code section 54354.5 as they may be amended from time to time. The City Council in establishing rates may require that services to premises located outside the City be billed at rates one and one-half (11/2) times the calculated meter rate for metered services and one and one-half (11/2) times the established flat rate for metered services. No water service shall be furnished to any customer free of charge.

C. Payment Of Water Rates And Charges: All water charges shall be collected together with, and not separately from, the charges for any other utility service rendered by the City, and all charges shall be billed upon the same bill and collected as one item. All utility service charges shall be payable upon presentation date at the Office of the Finance Department and shall be delinquent on the twenty fifth (25th) day of the subsequent calendar month following the date of presentment.

1. The owner or owners of any parcel of real property together with any and all occupants of such real property shall be jointly liable for all charges incurred by reason of the use of said water service by any and all occupants of such real property.

2. A fee of twenty five dollars ($25.00) shall be charged on all returned payments of utility charges.

D. Disputed Bills: Should the amount of any bill for service be questioned, the customer should promptly request an explanation. If the explanation is not satisfactory or is not understood, the customer must pay the bill under protest to avoid discontinuance of service. Protests will be addressed to the Assistant City Manager/Administrative Services Director, must be in writing, and must state the reasons why the charges are believed to be incorrect. The Assistant City Manager/Administrative Services Director will analyze the facts of the case and is authorized to make such adjustments in the charges as may be necessary to effect an equitable settlement. Failure of a customer to pay under protest after initial explanation is offered will result in discontinuance of service without further notice if bill is not paid by the delinquency date.

E. Delinquencies: The City Council may, by resolution, provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. Imposition of said basic penalty shall be in accordance with the provisions of Government Code section 54348, as amended from time to time. The City Council also may, by resolution, provide for the imposition of a fee to pay the costs associated with notices provided pursuant to this section.

In the event any customer fails to pay the water service charges, connection fees, or other required charges and fees identified in this section, and such charges or fees become delinquent pursuant to subsection C of this section, the City may assess a basic penalty for late payment in the amount of thirty dollars ($30.00) which amount shall be added to the delinquent charges and fees, and the Assistant City Manager/Administrative Services Director shall collect the basic penalty along with the delinquent charges and fees.

1. Discontinuance Of Service Of Non-Residential Customers For Nonpayment: In the event any non-residential customer fails to pay any charges or fees described in this chapter, including any penalty or interest, by four o’clock (4:00) P.M. on the due date shown on the City-issued delinquency notice, the City, in addition to all other remedies it may have, may discontinue furnishing water service and all other services identified on the applicable utility bill and shall not resume service until all outstanding charges and fees, together with any penalties, interest, service charges and/or connection fees necessitated by the resumption of water service, have been paid in full. Prior to discontinuing all services identified on the applicable City utility bill, the City shall send a written delinquency notice to the non-residential customer advising that all utilities identified on the bill will be discontinued if payment of the total amount identified in said written notice is not paid within ten (10) days after the date of the written notice.

2. Discontinuance Of Service For Residential Customers For Nonpayment: In the event any residential customer fails to pay any charges or fees described in this chapter, including any penalty or interest, then in addition to all other remedies it may have, the City may discontinue residential water service to that residential customer in accordance with the City’s Policy on Discontinuance of Residential Water Service, as the same may be amended from time to time by the City Council. If the City discontinues water services of a residential customer for nonpayment, it shall provide the residential customer with information on how to restore residential water service. Unless otherwise provided City’s Policy on Discontinuance of Residential Water Service, service shall not resume until all outstanding charges and fees, together with any penalties, interest, service charges and/or connection fees necessitated by the resumption of water service, have been paid in full.

3. Reconnections Of Service: Reconnections will only be processed Monday through Friday from eight o’clock (8:00) A.M. to twelve o’clock (12:00) noon and one o’clock (1:00) P.M. to four o’clock (4:00) P.M., and will not be processed on City-observed holidays. Reconnection of service by unauthorized individuals will result in additional charges established by separate Council resolution and the incident will be reported to the proper authorities. Any check not honored by a financial institution that is used to make payment on a customer’s utility account will result in additional fees established by separate Council resolution and will be a basis for the disconnection of service.

4. Court Action: In addition to discontinuing all utilities identified on the applicable City utility bill, the City may file a civil action against the customer for the collection of any amounts due and unpaid. Such remedy shall be cumulative and in addition to any other remedy provided in this chapter or by law. In any such action, the delinquent balances may also be processed through a collection agency.

5. Notice Of Liens: In the event a customer fails to pay in full all charges, fees or penalties identified in this chapter within ninety (90) days of the date of any City utility bill, the City shall notify the owner of the real property receiving the water service, in writing, of such delinquency and that the delinquency shall be collected pursuant to the provisions of subsection E6 of this section.

6. Collection Through Tax Roll: In the alternative to filing a civil action against the customer, the City Council, pursuant to the applicable provisions of the California Health and Safety Code, may elect to have all delinquent charges, fees and penalties collected on the tax roll in the same manner, at the same time and by the same persons together with and not separately from general taxes. Such delinquent charges, fees and penalties shall thereafter constitute a lien against the lot or parcel of land against which the charges have been imposed.

7. Recording Of Lien: In addition to or in lieu of collecting delinquent fees through the tax roll, the City may, in accordance with California Health and Safety Code section 5473.11, as may be amended, record a lien against the real property for which fees are delinquent.

8. Restoration Of Service: The discontinued utility services shall not be restored until all charges, fees and penalties, including without limitation, all expenses of removal, discontinuance, disconnection, restoration and reconnection have been paid. If water service has been discontinued for failure to pay a utility bill as set forth in subsection E1 or E2 of this section, the entire amount of the water bill and all fines and penalties provided hereunder shall be paid in full before water service is restored:

a. Service Restoration of water, twenty five dollars ($25.00);

b. In addition to any other fees or charges provided in this section, any customer requesting a turn-on of water on any Saturday, Sunday, legal holiday or before the hour of eight o'clock (8:00) A.M. or after the hour of three thirty o'clock (3:30) P.M. of any day shall pay an additional charge of one hundred twenty dollars ($120.00) for such turn-on.

c. Customers who have their water turned off due to nonpayment on a regularly scheduled water turn-off day will be charged a same day turn-on fee of sixty dollars ($60.00) to have their water turned on that day. No additional charge will be assessed to the customer for next day turn-on.

If water service has been discontinued for a residential customer pursuant to subsection E2 of this section, and the residential customer is able to demonstrate to the City that the household income is below two hundred percent (200%) of the federal poverty line, fees for restoration of service and interest charges, if applicable, shall be: (i) fifty dollars ($50.00), but not to exceed the actual cost of reconnection, for reconnection during normal operating hours; and (ii) one hundred fifty dollars ($150.00), but not to exceed the actual cost of reconnection, for reconnection during nonoperational hours; provided that such reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index as set forth in the City’s Policy on Discontinuance of Residential Water Service.

9. Dangerous Or Unsafe Equipment: The City may discontinue water service without notice to the customer when the apparatus, appliances or equipment using water, in the sole opinion of the City, is found to be dangerous or unsafe. The City shall promptly notify the customer of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

10. Detrimental Or Injurious To Water Service To Others: The City may discontinue service without notice to any customer when the use of water thereon by the apparatus, appliances, equipment or otherwise is found by the City in its sole discretion, to be detrimental or injurious to water service furnished to other customers. The City shall promptly notify the customer of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

11. Fraudulent Or Unauthorized Use: The City may discontinue water service without notice to any customer when it is determined by the City, in its sole discretion, that the customer has obtained water service by fraudulent means or has diverted the water service for unauthorized use. The City shall not restore service until the customer has complied with all the City's rules and regulations, and the City has been reimbursed for the full amount of the service rendered and the actual cost to the Water Division incurred by reason of such fraudulent or unauthorized use.

F. Collections: Accounts shall be subject to collection of any delinquent fees and charges in the following manner:

1. At the time the fees become delinquent and until such time they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

2. Once a year there may be prepared a report of delinquent fees, including late charges. The City Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

3. The City Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing.

4. At the hearing, the City Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees, including late charges and administrative fees, as set by resolution of the City Council. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

5. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees, including late charges. A certified copy of the resolution confirming the assessments shall be filed with the County Recorder and the County Auditor- Controller/Tax Collector for the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other Property Taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Property Taxes shall be applicable to such assessments. However, if, for the first year for which the charges are prescribed, the property served by the City has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of County taxes would become delinquent, the charge will not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.

G. Vacant Premises; Responsibility For Rates And Charges: A customer may have his or her water service discontinued by giving notice to the Water Division not less than two (2) days before the effective date of the discontinuance. Such customer shall be required to pay all water charges until the effective date identified in such notice. When such notice is not given, the customer shall be required to pay for water service until two (2) business days after the Water Division has knowledge that the customer vacated the premises or otherwise has discontinued water service.

H. Disposition Of Funds: The funds received from the collection of the water service charges or rentals hereinabove set forth shall be deposited with the City Treasurer and shall be accounted for and be known as the "Water Fund" and when appropriated by the City Council shall be available for the payment of interest or principal on any and all bonds issued and outstanding or which may be issued for water pumping, storage and delivery facilities and to retire such bonds when they mature and for the payment of cost and expenses of acquisition, construction, operation, maintenance and repair of the City water system and the extensions and improvements thereto.

Any payment received for City utility charges in an amount less than the total charge billed shall be treated as a partial payment for each such charge and the amount received allocated to the separate departments in the same ratio as each such charge bears to the whole of the bill. (Ord. 2018-07, 9-18-2018; amd. Ord. 2020-03, 4-7-2020)

7-7A-11-1: GENERAL POLICY:

A. Purpose: The purpose of this section 7-7A-11 is:

1. To protect the public potable water supply of the City from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) or its customers' private water system(s) such contaminants or pollutants which could backflow or back- siphon into the public water supply system; and

2. To promote the elimination or control of existing cross- connections, actual or potential, between its customers' in- plant potable water system(s) and nonpotable water systems, plumbing fixtures and industrial piping systems; and

3. To provide for the maintenance of a continuing system of cross-connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.

B. Responsibility: The Director of Public Works shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If, in the judgment of said Director, an approved backflow prevention device is required, at the City's water service connection to any customer's premises, for the safety of the water system, the Director or his designated agent shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his premises. The customer shall immediately install such approved device or devices at his own expense; and failure, refusal or inability on the part of the customer to install said device or devices immediately shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed. (Ord. 8801, 1-19-1988)

7-7A-11-2: DEFINITIONS:

AIR-GAP: The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, measured vertically, above the top of the rim of the vessel, and in no case less than one inch (1"). When an air- gap is used at the service connection to prevent the contamination or pollution of the City's potable water system, an emergency bypass shall be installed around the air-gap system and an approved reduced pressure principle device shall be installed in the bypass system.

APPROVED: Accepted by the Director as meeting an applicable specification stated or cited in this section 7-7A-11 or as suitable for the proposed use.

AUXILIARY WATER SUPPLY: Any water supply on or available to the premises other than the City's approved public potable water supply. These auxiliary waters may include water from another public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or "used waters" or "industrial fluids". These waters may be polluted or contaminated, or they may be objectionable and constitute an unacceptable water source over which the City does not have sanitary control.

BACK-SIPHONAGE: The flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source other than its intended sources caused by the sudden reduction of pressure in the potable water supply system.

BACKFLOW: The flow of water or other liquids, mixtures or substances under pressure into the distributing pipes of a potable water supply system from any source or sources other than its intended source.

BACKFLOW PREVENTER: A device or means designed to prevent backflow or back-siphonage.

CONTAMINATION: An impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.

CROSS-CONNECTION: Any physical connection or arrangement of piping or fixtures between two (2) otherwise separate piping systems, one of which contains potable water and the other nonpotable water or industrial fluids of questionable safety, through which, or because of which, backflow or back- siphonage may occur into the potable water system. A water service connection between a public potable water distribution system and a customer's water distribution system which is cross-connected to a contaminated fixture, industrial fluid system or with a potentially contaminated supply or auxiliary water system constitutes one type of cross-connection. Other types of cross-connections include connectors such as swing connections, removable sections, four-way plug valves, spools, dummy sections of pipe, swivel or change-over devices, sliding multiport tube, solid connections, etc.

CROSS-CONNECTION CONTROL BY CONTAINMENT: The installation of an approved backflow prevention device at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or, it shall mean the installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of cross-connections.

CROSS-CONNECTIONS, CONTROLLED: A connection between a potable water system and a nonpotable water system with an approved backflow prevention device properly installed that will continuously afford the protection commensurate with the degree of hazard.

DIRECTOR OF PUBLIC WORKS: The Director of Public Works, hereafter called Director, in charge of the Water Department of the City, is invested with the authority and responsibility for the implementation of an effective cross- connection control program and for enforcement of the provisions of this Section 7-7A-11.

DOUBLE CHECK VALVE ASSEMBLY: An assembly of two (2) independently operating approved check valves with tightly closing shut-off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve. The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention devices. To be approved, these devices must be readily accessible for in-line maintenance and testing.

HAZARD, DEGREE OF:

Hazard, Health: Any condition, device or practice in the water supply system and its operation which could create, or, in the judgment of the Director, may create a danger to the health and well-being of the water consumer. An example of a health hazard is a structural defect, including cross- connections, in a water supply.

Hazard, Plumbing: A plumbing-type cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device. Unprotected plumbing type cross- connections are considered to be a health hazard.

Hazard, Pollutional: An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.

Hazard, System: An actual or potential threat of severe damage to the physical properties of the City's potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

INDUSTRIAL FLUIDS SYSTEM: Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalies, circulated cooling waters connected to an open cooling tower and/or cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for firefighting purposes.

POLLUTION: The presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use.

REDUCED PRESSURE PRINCIPLE DEVICE: An assembly of two (2) independently operating approved check valves with an automatically operating differential relief valve between the two (2) check valves, tightly closing shut-off valves on either side of the check valves, plus properly located test cocks for the testing of the check and relief valves. The entire assembly shall meet the design and performance specifications and approval of a recognized and City-approved testing agency for backflow prevention assemblies. The device shall operate to maintain the pressure in the zone between the two (2) check valves at a level less than the pressure on the City water supply side of the device. At cessation of normal flow the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two (2) pounds per square inch or less, the relief valve shall open to the atmosphere. To be approved, these devices must be readily accessible for in-line maintenance and testing and be installed in a location where no part of the device will be submerged.

WATER, NONPOTABLE: Water which is not safe for human consumption or which is of questionable potability.

WATER, POTABLE: Any water which, according to recognized standards, is safe for human consumption.

WATER, SERVICE CONNECTIONS: The terminal end of a service connection from the City's potable water system; i.e., where the City loses jurisdiction and sanitary control over the water at its point of delivery to the customer's water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention device located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.

WATER, USED: Any water supplied by the City from the potable water system to a consumer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the City.

7-7A-11-3: REQUIREMENTS, WATER SYSTEM:

A. The water system shall be considered as made up of two (2) parts: The City system and the customer system.

B. The City system shall consist of the source facilities and the distribution system, and shall include all those facilities of the water system under the complete control of the City up to the point where the customer's system begins.

C. The source shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system.

D. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.

E. The customer's system shall include those parts of the facilities beyond the termination of the City distribution system which are utilized in conveying City delivered domestic water to the point of use.

7-7A-11-4: INSTALLATION OF WATER SERVICE CONNECTION, MAINTENANCE:

No water service connection to any premises shall be installed or maintained unless the water supply is protected as required by State laws and regulations and this Chapter. Service water to any premises shall be discontinued if a prevention device required by this Chapter is not installed, tested and maintained, or if it is found that a backflow prevention device has been removed, by-passed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

7-7A-11-5: INSPECTION OF CUSTOMER'S SYSTEM:

The customer's system should be open for inspection at all reasonable times to authorized representatives of the Public Works Water Division to determine whether cross-connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the Director shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with State and City statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.

7-7A-11-6: BACKFLOW DEVICES:

An approved backflow prevention device shall also be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line whenever the following conditions exist:

A. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director, the City water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.

B. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the City water system, the City system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard. This shall include the handling of process waters and waters originating from the City system which have been subject to deterioration in quality.

C. In the case of premises having (1) internal cross- connections that cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross- connections exist, the City water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line.

7-7A-11-7: PROTECTIVE DEVICES, DEGREE OF HAZARD:

The type of protective device required under subsections 7-7A-11-6A, B and C shall depend upon the degree of hazard which exists as follows:

A. In the case of any premises where there is an auxiliary water supply as stated in subsection 7-7A-11-6A of this Section 7-7A-11 and it is not subject to any of the following rules, the City water system shall be protected by an approved air-gap separation and an approved reduced pressure principle backflow prevention device.

B. In the case of any premises where there is water or substance that would be objectionable but not hazardous to health, if introduced into the City water system, the City water system shall be protected by an approved double check valve assembly.

C. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the City water system, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.

D. In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the City water system shall be protected by an approved air-gap separation or an approved reduced pressure principle backflow prevention device at the service connection.

E. In the case of any premises where, because of security requirements or other prohibitions or restrictions it is impossible or impractical to make a complete in-plant cross- connection survey, the City water system shall be protected against backflow or back-siphonage from the premises by the installation of a backflow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises.

7-7A-11-8: APPROVAL OF DIRECTOR:

Any backflow prevention device required herein shall be of model and size approved by the Director. The term "approved backflow prevention device" shall mean a device that has been manufactured in full conformance with the standards established by the American Water Works Association, entitled "AWWA C506-78 -- Standards for Reduced Pressure Principle and Double Valve Backflow Prevention Devices", and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California established by "Specifications of Backflow Prevention Devices -- 69-2", dated March, 1969, or the most current issue.

Said AWWA and FCCC&HR standards and specifications have been adopted by the Director. Final approval shall be evidenced by a certificate of approval issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC&HR specifications.

The following testing laboratory has been qualified by the Director to test and certify backflow preventers:

Foundation for Cross-Connection Control and Hydraulic Research,

University of Southern California

University Park

Los Angeles, CA 90008

Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the Director.

Backflow preventers which may be subjected to back pressure or back-siphonage that have been fully tested and have been granted a certificate of approval by said qualified laboratory and are listed on the laboratory's current list of "Approved Devices" may be used without further test or qualifications.

7-7A-11-9: INSPECTION AND TESTS:

It shall be the duty of the customer-user at any premises where backflow prevention devices are installed to have certified inspections and operational tests made at least once per year. In those instances where the Director deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water user and shall be performed by the device manufacturer's representative, by Public Works Water Division personnel or by a certified tester approved by the Director. It shall be the duty of the Director to see that these timely tests are made. The customer-user shall notify the Director in advance when the tests are to be undertaken so that he or his representative may witness the tests if so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer-user whenever said devices are found to be defective. Records of such tests, repairs and overhauls shall be kept and made available to the Director.

7-7A-11-10: PRESENTLY INSTALLED DEVICES:

All presently installed backflow devices which do not meet the requirements of this Section 7-7A-11 but were approved devices for the purpose described herein at the time of installation and which have been properly maintained shall, except for the inspection and maintenance requirements under Section 7-7A-11-9, be excluded from the requirements of these rules so long as the Director is assured that they will satisfactorily protect the City system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Director finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this Section 7-7A-11. (Ord. 8801, 1-19-88)

The Water Collector or any authorized officer of the City shall be admitted at any reasonable hour to all parts of the premises supplied with City water or by a private source in order to see that the regulations herein contained are being kept and observed. (1975 Code §§13-1.18, 13-2.06)

Any person violating any of the provisions of this Article or who interferes or tampers with or opens, disconnects, connects, uncovers, mutilates or damages any water pipe or mains, or any connection thereof, or anything appurtenant thereto or used therewith, without having first obtained permission therefor from the City Council or the City Water Superintendent, or permitting the same to be done shall be deemed guilty of an infraction and shall be punishable as set forth in sections 19c and 19d of the Penal Code of the State of California.

In addition to the criminal penalty as above provided, any person who shall fail to pay the utility bill as levied and assessed in full within the time limits prescribed for the payment thereof, or who shall violate any of the laws of the State of California, the ordinances of the City or the rules and regulations so established pursuant to this Article, and upon five (5) days' written notice from the City Water Collector, shall be subject to having any and all service for which the bill is rendered discontinued, and thereafter, no such service which has been discontinued for the nonpayment of such service charges or for the violation of any of the abovementioned State laws or City ordinances, rules and regulations, shall be re-established until the owner, or such person, shall have paid all delinquent service charges owed the City by such person and all expenses incurred by the City in causing such discontinuance and re-establishment. (Ord. 8205, 10-5-82)

ARTICLE B. SEWER SERVICE RATES AND CHARGES

SECTION:

On and after the effective date hereof, users of the sewage system to the City shall pay the monthly rates and fees then in effect and as may be amended from time to time in accordance with this Article and abide by the regulations established pursuant to the provisions of this Article.

When used in this Article, the following words and terms shall have the meanings ascribed to them in this Section:

APARTMENT: A place of residence having three (3) or more attached living units.

DWELLINGS: A place of residence designed for habitation by single families.

INDUSTRIAL WASTES: The liquid wastes from industrial processes as distinct from sanitary sewage.

SANITARY SEWAGE: Sewage discharging from the sanitary conveniences of dwellings, office buildings, factories or institutions and free from storm water, surface water and industrial wastes.

UTILITY: A system, plant, works, facilities or undertaking for the collection, treatment or disposal of sewage or for the obtaining, conserving, treating and supplying of water and a sanitation or garbage removal or disposal system.

The City Council may by resolution further define any of the uses classified herein, resolve any uncertainties regarding the proper rate under specified conditions and establish rates for any use not herein specifically enumerated.

The City Council may by resolution make provisions for:

A. The granting of discounts for prompt payment of bills.

B. The requiring of deposits or the prepayment of charges in an amount not exceeding one year's charges either from persons receiving service and using the facilities of the enterprise or from the owners of property on which or in connection with which said services and facilities are to be used; provided, however, that in case of nonpayment of all or part of a bill, said deposits or prepaid charges shall be applied only insofar as necessary to liquidate the cumulative amount of such charges plus penalties and costs of collection.

C. The requiring of a guaranty by the owner of property that the bills for service to said property or the occupants thereof will be paid.

The City Council may by resolution provide for a basic penalty for nonpayment of the charges within the time and in the manner prescribed by it. Imposition of said basic penalty shall be in accordance with the provisions of Government Code section 54348 as it may be amended from time to time.

The following regulations shall be applicable to the rates and fees set forth herein:

A. All parcels of real property separately owned shall be considered as separate units.

B. All parcels of real property separated by a street or alley, regardless of ownership, shall be considered as separate units.

C. The owner or owners of any parcel of real property together with any and all occupants of such real property shall be jointly liable for all charges incurred by reason of the use of said sewage system by any and all occupants of such real property.

The fees to be charged for the use of the sewer system of the City shall be established by resolution of the City Council in accordance with the provisions of the Government Code section 54354.5 as it may be amended from time to time. (Ord. 8109, 8-18-1981)

A. Payment Of Sewer Charges: All sewer charges shall be collected together with and not separately from the charges for any other utility service rendered by the City, and all charges shall be billed upon the same bill and collected as one item. All utility service charges shall be payable upon presentation date at the Office of the City Water Collector in the City Hall and shall be delinquent on the first day of the calendar month following the date of presentment.

B. Disputed Bills: Should the amount of any bill for service be questioned, the customer should promptly request an explanation. If the explanation is not satisfactory or is not understood, the customer must pay the bill under protest to avoid discontinuance of service. Protests will be addressed to the Director of Finance, must be in writing, and must state the reasons why the charges are believed to be incorrect. The Director of Finance will analyze the facts of the case and is authorized to make such adjustments in the charges as may be necessary to effect an equitable settlement. Failure of a customer to pay under protest after initial explanation is offered will result in discontinuance of service without further notice if bill is not paid by the delinquency date.

C. Delinquency Penalties And Charges: In the event a utility bill is not paid on or before the tenth day after the bill becomes delinquent, on the eleventh day, the following fees, in addition to the amount of the utility bill, shall be charged:

1. For the first such delinquency in a twelve (12) month period, five dollars ($5.00);

2. For the second such delinquency in a twelve (12) month period, fifteen dollars ($15.00); and

3. For the third such delinquency in a twelve (12) month period, twenty five dollars ($25.00), plus a deposit as required by subsection 7-7B-3B of this article.

4. A fee of twenty five dollars ($25.00) shall be charged on all returned checks in payment of utility charges.

D. Delinquencies: Accounts shall be subject to collection of any delinquent fees and charges in the following manner:

1. At the time the fees become delinquent and until such time they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

2. Once a year there may be prepared a report of delinquent fees including late charges. The City Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

3. The City Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing.

4. At the hearing, the City Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges and administrative fees, as set by resolution of the City Council. The City Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

5. The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees, including late charges. A certified copy of the resolution confirming the assessments shall be filed with the County Recorder and the County Auditor-Controller/Tax Collector for the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other Property Taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Property Taxes shall be applicable to such assessments. However, if, for the first year for which the charges are prescribed, the property served by the City has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of County taxes would become delinquent, the charge will not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.

E. Debt Due To The City: Such delinquent accounts, unpaid deposits and penalties thereon shall constitute a debt due to the City for which the City may bring suit in any competent Civil Court against the person or persons who occupied or, in the case of unoccupied property, who owned the property when the service was rendered or the deposit became due or against any person guaranteeing payment of bills, or against any or all of said persons, for the collection of the amount of the deposit or the collection of delinquent charges or accounts and all penalties thereon. (Ord. 2018-07, 9-18-2018)

The funds received from the collection of the sewer service charges or rentals hereinabove set forth shall be deposited with the City Treasurer and shall be accounted for and be known as the "Sewer Fund" and when appropriated by the City Council shall be available for the payment of interest or principal on any and all bonds issued and outstanding or which may be issued for sanitary and sewage facilities and to retire such bonds when they mature, and for the payment of cost and expenses of acquisition, construction, operation, maintenance and repair of the City sewage system and the sewer pumping, treatment and disposal works and extensions and improvements thereto.

Any payment received for City utility charges in an amount less than the total charge billed shall be treated as a partial payment for each such charge and the amount received allocated to the separate departments in the same ratio as each such charge bears to the whole of the bill. (Ord. 8109, 8-18-1981)

Whenever any single-family dwelling is vacant or unused for a period of thirty (30) days or more, the person to whom the sewer rental is charged may secure a rebate of his sewer service charges for said period of thirty (30) days or more and said person to whom the sewer rental is charged may secure a rebate of his sewer service charges for said period of vacancy by presenting to the City Water Collector an affidavit setting forth all the facts of vacancy under oath. If satisfied with the truth of the statements of vacancy, the City Water Collector shall approve said claim and refund shall be made. No charge shall be made for a new single-family dwelling until the same is occupied; provided, however, that a person shall be conclusively presumed to be using the sewer service when the property is connected to sewer and not disconnected from the water system. (Ord. 8109, 8-18-1981)

Any person who shall fail to pay the utility bill as levied and assessed in full within the time limits prescribed for the payment thereof, or who shall violate any of the laws of the State of California, the ordinances of the City or the rules and regulations so established referring to the discharge of sewage, and upon five (5) days' written notice from the City Water Collector, shall be subject to having any and all service for which the bill is rendered discontinued, and thereafter, no such service which has been discontinued for the nonpayment of such service charges or for the violation of any of the abovementioned State laws or City ordinances, rules or regulations shall be re- established until the owner, or such person, shall have paid all delinquent service charges owed the City by such persons and all expenses incurred by the City in causing such discontinuance and re-establishment. (Ord. 8109, 8-18-1981)