Lincoln Municipal Code Art. I Service Regulations Generally

The city council, in the interest of protecting the health, safety and general welfare of the people of the city, adopts the ordinance codified in this chapter to carry out the following purposes:

(1) To supply treated water purchased from the Placer County Water Agency and Nevada Irrigation District to users;

(2) To establish procedures for provision of water to residential, industrial and commercial users within the city;

(3) To establish procedures for provision of water to certain limited users outside the city;

(4) To provide for the ongoing implementation of a metered rate system.

(Ord. 364B §1.1, 1979)

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

The meanings of terms used in this chapter are as follows:

"Director" means the city employee who is responsible for the management of the department or division to which specific actions or approvals are required. The director may authorize designated city employees under his/her direction to act on his/her behalf.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

(a) The area in which service is or will be furnished by the city is that area lying within the city limits, as such limits now prevail or may from time to time exist.

(b) The city may provide water service to users outside the city. The city shall determine if written consent is required from the Placer County Water Agency or Nevada Irrigation District.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

The city will exercise reasonable care to deliver a continuous and sufficient supply of water at the proper pressure to avoid any shortage or interruption in delivery. All customers shall be required to accept such conditions of pressure and service as are provided by the distribution system at their point of connection and the city shall not be liable for any damage arising from high or low pressures. The water will meet all federal, state and county minimum water-quality requirements for water for domestic use.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Water service provided by the city will be classified as follows:

(1) Residential and non-residential use:

a. Flat-rate (fixed meter charge and capital component),

b. Metered (water usage).

(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

To be eligible for water service, the property to which the service is to be extended must abut on a dedicated public easement in which a city water main is constructed at a point immediately adjacent to the property; provided, however, that if the preceding requirement is not met, the city engineer may authorize the extension of service if the applicant for water service cannot dedicate a public easement in which an existing water main is constructed. However, in the case of improvements installed pursuant to the subdivision regulations, all improvements shall be the sole responsibility of the developer. The size of the service connections and pipes shall be determined by the city engineer.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

A service connection may be relocated by the city at a customer's request, providing the relocation, in the judgment of the city engineer, is not detrimental to the city's water system. The cost of the relocation shall be paid by the customer. The cost shall be estimated by the city engineer and shall be paid in full prior to the performance of the work. Where a service connection is relocated for the convenience or protection of the city, the relocation will be at the expense of the city.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

The city is not responsible for providing an electrical ground through the water service equipment. Customers shall not attach any ground wiring to plumbing which is or may be connected to city service equipment.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

A property owner desiring water service for any purpose from the city shall apply at the office of the building department, and no person shall use any city water without first making such an application. The application, which shall be on a form prescribed by the city, shall set forth:

(1) The address and, if necessary, the definite boundaries of the premises to be serviced;

(2) The purpose and use of the water; and

(3) Such other information considered proper by the city.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

If a new water service connection is not established within 180 days of filing an application with the office of the building department pursuant to Section 13.04.070, the property owner desiring water service must reapply at the office of the building department in order to use any city water.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

New water service connection is deemed established when all structures to be constructed on the property for which water service is being requested have been supplied with cold running water.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Water service to property in the city's current and future boundaries may require annexation to one or both of the water agencies serving the city. The city shall determine if the property requires annexation to a service zone of Placer County Water Agency or Nevada Irrigation District, or both. All costs associated with such annexation shall be the sole responsibility of the property owner.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

In case of fire, or alarm of fire, or in making repairs, or in constructing new work, or when required by the necessities of the service of the city, the city may shut off water from any customer or number of customers without notice for as long as is necessary, and the city shall not be liable for damage resulting from such discontinuance.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Any authorized agent or employee of the city, with the consent of the owner, occupant or consumer, or pursuant to court order, shall be allowed free access at any reasonable hour to any premises where water is served for the purpose of inspecting the condition of the water pipes or service or for the purpose of establishing the rate to be charged.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Any property owner who desires to discontinue water service shall submit a request in writing or in person at the office of the utility billing department not less than two working days before the date on which discontinuance is desired. The request shall contain the date upon which water service is to be discontinued and a forwarding address for the customer. Water service may be discontinued only on ordinary working days. No service may be discontinued for a period of less than 30 days.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Water shall not be restored to any premises after service has been discontinued until payment of all fees, charges and service charges have been paid.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Whenever possible, all water furnished through a temporary service connection shall be metered. A permit for a temporary service connection is valid for a period not more than 60 days after installation. The city may extend the permit upon request. The temporary service shall be discontinued and dismantled or removed upon termination of the permit period or completion of use.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

(a) Use. Fire hydrants are for use by the organized fire protection agencies and by the water department. Other parties, including contractors, desiring to use fire hydrants for any purpose must first obtain a temporary permit in accord with this article prior to use and shall operate the hydrant in accordance with instructions issued by the water department and pay all required fees and charges.

(b) Obstructions. It is unlawful for any person to blockade or obstruct any fire hydrants of the city in such a manner that it would be difficult or impossible to attach a fire engine hose thereto.

(c) Permits. An applicant for a permit to use a public fire hydrant shall pay a permit fee at the time of application. In addition, a monthly use fee (for each month a hydrant is used, or portion thereof) shall be paid by the applicant.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

(a) No tentative map shall be approved after September 30, 1979 unless, as a condition of approval, water meters are installed and dedicated to the city as part of the subdivision's improvements.

(b) Building permits and construction permits for any construction started after September 30, 1979 will be conditioned upon the installation of a water meter.

(c) All new commercial and industrial applicants for water service shall provide appropriately sized water meters as determined by the director. The city reserves the right to review the anticipated water demands based upon type of service, number of fixtures, irrigation, and all other factors affecting water use, and the right to require larger service connection or meter if anticipated demands exceed the capacity of the meter size requested.

(d) The director may place meters upon any service connection and thereafter charge the general service metered rate when the director determines, in their discretion, that the high consumption of water for the particular service requires metering. The expense of such installation shall be charged to the consumer. Upon application, any consumer may request the installation of a meter at the consumer's expense, and after such installation, the consumer shall be charged the appropriate metered water rate.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Any customer desiring to change the size of any meter that has been installed shall make application to the city for such change.

(1) Increase in Meter Size. The applicant shall pay the applicable fee for the new larger meter and if the change necessitates, in the city's judgment, a larger service connection, the applicant shall pay all costs associated with the installation of the new service connection.

(2) Reduction in Meter Size. The applicant shall provide the city with documentation as deemed necessary by the city to recognize the permanent relinquishment of water capacity to the city. The city shall not be obligated to reimburse the applicant for any water connection fees related to the relinquishment of the water capacity. The relinquishment shall permanently transfer the water capacity to the city and the city shall be allowed to sell such capacity to other water customers. The proceeds of such sale of water capacity in the form of water connection fees shall be used by the city at its sole discretion.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

It is the customer's responsibility to ensure accessibility to the meter at all times. When a meter cannot be accessed because of an obstruction, the customer will be notified and shall correct the condition(s) within seven days. Failure to remediate the obstruction after notification authorizes the city to remove the obstruction, make any necessary repairs, and/or disconnect service, as applicable. These charges and fees, including labor at the rates adopted in the city's master fee schedule, will be reflected on the customer's utility invoice. The city will restore a level grade surrounding the meter box; however, the customer will be responsible for replacement or repair of turf, irrigation and/or landscaping restoration.

(Ord. No. 1063B, § 5, 6-27-2023; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

Facility tampering includes, but is not limited to, interference with a meter, meter box, or locking mechanism; or unauthorized reconnection of a meter, or unauthorized use of water or damage to a fire hydrant. Additionally, any city facilities that have been damaged or altered will be billed for time and materials. The tampering charge shall be $250.00 per occurrence, and upon the third occurrence the city may remove the meter and lock the service.

(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)

The basic city storage, transmission and distribution connection unit of capacity for residential connections shall be at the cost established by the most recently adopted Public Facilities Element Fee Program Nexus Study Update for each equivalent dwelling unit that shall be equal to 1,150 gallons per day.

(1) Residential facilities—Except hotel and motel.

The water connection charge set forth herein shall be subject to an annual adjustment up to the change in the San Francisco Construction Cost Index (CCI) as reported by the Engineering News Record (ENR) for the 12-month period beginning April 1 as determined by resolution of the City Council. The annual adjustments shall be effective each July 1.

(Ord. No. 1071B, § 5, 2-13-2024; Ord. No. 1047B, § 5, 7-12-2022; Ord. No. 1003B, § 5, 1-28-2020; Ord. No. 981B, § 1, 1-8-2019; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 919B, § 2(Att. 2), 10-11-2016; Ord. No. 888B, § 2, 11-12-2013)

The basic city storage, transmission and distribution connection unit of capacity for non-residential connections shall be at the cost established by the most recently adopted Public Facilities Element Fee Program Nexus Study Update for each equivalent dwelling unit that shall be equal to 1,150 gallons per day.

(1) Requests for non-residential service must be submitted to the city with the following information for evaluation and calculation of the required water connection:

a. Type of use.

b. The anticipated routine patterns of use, including:

1. Estimated maximum day demand in gallons.

2. Estimated peak consumption rate in gallons per minute.

3. The meter size requested.

c. Type of fire facilities required, including:

1. Size of the fire connection.

2. Estimated rate of use.

3. Storage capacity requirements.

4. Description of the on-site fire protection facilities.

d. Type of cross-connection prevention facilities required by the city.

(2) Non-residential facilities—Connection charges shall be based on the gallons of water volume required, but in no cases shall the connection charge be less than 1,150 gallons per day. Applicant shall be responsible for paying the cost of the meter equipment. Capacities for water meters are as follows, shown in gallons per day:

(3) General regulations.

a. Not less than one connection per building.

b. Classification of shell buildings when connecting to the water system shall be determined by the city's judgment based on building permit data, applicable zoning, and plans of the developer. Subsequent modifications to such buildings may result in reclassification and the assessment of additional incremental charges. No refunding of previously paid connection charges will be granted where modifications are made to any structure which place it in a classification with a lower connection charge rate.

c. When the use of a building changes, the will review the previously paid connection charges and require the payment of additional connection charges based upon the new use. No refunding of previously paid connection charges will be made where the change in use is within a classification with lower connection charge rates.

d. If the average day consumption during the months of July or August exceeds the amount of the capacity purchased, the city will require the property owner to pay the difference in additional capacity charges. Additional charges will be calculated by the difference between what was originally purchased and the actual amount used on the average day during the months of July and August

The water connection charge set forth herein shall be subject to an annual adjustment up to the change in the San Francisco Construction Cost Index (CCI) as reported by the Engineering News Record (ENR) for the 12-month period beginning April 1 as determined by resolution of the city council. The annual adjustments shall be effective each July 1.

(Ord. No. 1071B, § 5, 2-13-2024)