Lindsay Municipal Code § 13.04 Water System

1. "Person" means any firm, corporation, partnership, association, institutional owner or any public corporation. The single shall include the plural.
2. "Water department" means that department of the city designated to administer the water system of the city. The term includes the director of public works and other employees of the city.

(Ord. 329 §§ 1-1, 1-1A, 1974)

The office of water superintendent is created. The water superintendent shall be the director of public works. It shall be the power, duty and responsibility of the water superintendent to supervise the installation, operation and maintenance of water mains, water services, meters and fire hydrants. It shall be further the responsibility and duty of the water superintendent to supervise the installation, operation and maintenance of water wells, pumps, motors and electrical equipment, buildings and other water system equipment, and supervise personnel necessary to accomplish these duties.

(Ord. 329 § 1-2, 1974)

The aforesaid officers and their authorized agents shall have the right of entry, during usual business hours, and at any time when, upon reasonable cause, they believe there is an immediate hazard to life, health or property, to inspect any and all buildings and premises in the performance of their duties.

(Ord. 329 § 1-3, 1974)

Before water will be supplied by the water department of the city to any person, firm or corporation which requires connection from the department's water mains to water pipes on any real property, the owner or occupant of the property shall make a written application for the service and service connection upon a form provided by the water department of the city. The information required in all instances where application is made for water shall include the name and address of the applicant, a description of the real property by lot number, block and tract and the official house number assigned to the premises for which water is desired, together with a statement of the applicant's relation to the property, whether as owner, occupant, lessee or otherwise.

(Ord. 329 § 1-4, 1974)

When a consumer applies for a new water connection service, the consumer will pay to the water department connection charges established by resolution setting rates for water service charges.

1. No facilities or services of the water system shall be furnished to any premises or to any owner or other person free of charge.
2. No person owning any premises within the city limits on which the nearest outlet of the plumbing system of the premises is located within two hundred feet from the point at which a connection can be made to the municipal water system, and upon which any water is used, shall use any means of water service other than through the municipal water system. Every person owning any premises so located and upon or in which any water is used shall be required to connect the premises to the municipal water system within thirty days from the date when a water main or water lateral located within the distance specified in this subsection is completed and available for connection to the premises except as to conditions existing prior to the adoption of the ordinance codified in this chapter; then, and in that event, upon notice to so comply given by the city to the owner of record of the premises.
3. No consumer connected to the mains of the city water department shall furnish water from his service for use on any lot or premises not connected with the city water mains or to any lot or premises whose water service has been disconnected by the water superintendent or director of public works. The water superintendent or director of public works is further authorized to disconnect the water service to any consumer who provides water in violation of this subsection and the consumer's service so terminated shall not be reconnected until the violation has ceased.

(Ord. 329B, 1978; Ord. 329 § 1-5, 1974)

1. For the purpose of providing funds for the payment at or before maturity of the principal and interest on all water revenue bonds heretofore or hereafter issued by the city for the purposes of acquisition, construction, completion and modernization of the municipal water system; and
2. For the purpose of providing funds for the payment of the cost of maintenance and operation of the municipal water system and municipal water department of the city and for the purpose of acquisition, construction, improvement, completion and financing of the municipal water system and for the payment of additions to or improvements of the water system. These are levied and assessed upon all premises having or required to have any water connections with the city water system. Monthly rates and charges to be payable in the respective amounts and at rates set forth in resolutions to be adopted by the city council from time to time, as the case may be.

(Ord. 329 § 1-6, 1974)

1. Upon application of a bona fide applicant for services, and payment of all connection charges and fees set forth in resolution for water service charges, the water department of the city will furnish and install service pipe of suitable capacity for a distance of not more than sixty feet from its water mains to the curb line or property abutting upon a public street, highway, alley, lane or road along which it already has water mains.
2. The consumer, at his own expense, shall install that portion of the service inside the curb or property line. The installation shall include shutoff valve inside the property line at a location accessible in case of emergency.
3. The materials furnished by the consumer in construction of the service extension will at all times be and remain the sole property of the consumer and when necessary shall be maintained and repaired by the consumer at his own expense.
4. The water department of the city may install, but shall not be required to install, more than one service to any one consumer.

(Ord. 329 § 2-1, 1974)

In all cases the size of the meter to be installed shall be approved by the water department.

(Ord. 329 § 2-2, 1974)

No service connection shall be hereafter made for the purpose of supplying through a common service, two or more independent consumers occupying premises held under the same ownership, unless the premises are on and consist of the same lot, or the property is such as is commonly designated as a court, campground, apartment house, or building covering more than one lot, and then only provided that the owner or owners of the premises shall agree in writing to pay all charges for water service thereto.

(Ord. 329 § 2-3, 1974)

1. No person except the water superintendent or any authorized employee of the city water department shall either turn on or shut off the water at any service connection.
2. All taps to the water main shall be made by the city and no person shall make any taps or in any way tamper or meddle with any of the property of the city water department, without written permission to do so from the water superintendent.

(Ord. 329 § 2-4, 1974)

In the event that a consumer's service has been disconnected from the water system of the city due to any violation of these rules and regulations, the department of public works is authorized and directed to charge a reasonable fee of twenty dollars in addition to all other charges provided in this chapter for the reconnection.

(Res. No. 04-14, 2-24-2004; Ord. 329 § 2-5, 1974)

The consumer shall at his own risk and expense furnish, install and keep in repair, free from leakage and in safe condition all service pipes, fixtures, stop cocks and other apparatus and appliances which may be required for receiving, controlling, applying and utilizing the water. The department of public works of the city does not assume the duty of inspecting the consumer's service, appliances or apparatus or any part thereof, and assumes no liability therefor. The department of public works shall not be responsible for any loss or damage caused by the improper installation of the apparatus and appliances, negligence, lack of proper care or wrongful act of the consumer or agents, employees or licensees in installing, maintaining, using, operating or interfering with any such apparatus or appliances. Consumers shall be liable for all damages which result from their failure to comply with the provisions of this section.

(Ord. 329 § 3-1, 1974)

Meters shall be required on all water services to residential, commercial or industrial lots, and multiple-family dwellings exceeding two dwelling units.

(Ord. 329 § 3-2, 1974)

All automatic sprinkler systems, or other standby fire protection services as might be deemed necessary shall be equipped with adequate backflow prevention systems to be approved by the public works director of the city.

(Ord. 329 § 3-3, 1974)

It is unlawful for any person, firm or corporation to draw water from any pipe or water mains of the water department of the city directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. This section shall not apply to hot water heaters used exclusively for domestic or mercantile purpose.

(Ord. 329 § 4-1, 1974)

It is unlawful for any person, firm or corporation to allow a connection to be made or to allow a connection to exist for any purpose whatsoever between the water system of the city and any other source of supply, unless the connection is fitted with a suitable device, to be approved by the public works director of the city, which shall prevent water from the other source of supply entering the city system.

(Ord. 329 § 4-2, 1974)

The water department of the city shall have the right to refuse or discontinue to deliver water to a consumer if any part of the consumer's service appliances or apparatus at any time are unsafe, or if the utilization of water by means thereof is prohibited or forbidden under authority of any law or municipal ordinance or regulation (until the law, ordinance or regulation is declared invalid by a court of competent jurisdiction), and may refuse service until the consumer puts the part in good and safe condition, and complies with all the laws, ordinances and regulations applicable thereto. The department of public works of the city shall have the right to refuse to serve water to any premises, and at any time to discontinue service if found necessary to do so in order to protect itself against fraud or abuse. If the consumer fails to comply with any of the rules and regulations of the water department of the city, the department will advise the consumer of the violation. If the consumer does not remedy the violation within a reasonable time, the public works department shall have the right, after giving notice, to discontinue service to the consumer.

(Ord. 329 § 4-3, 1974)

The water department of the city reserves the right to shut off the water in the mains at any time for the purpose of making repairs to mains, services, extensions or for other reasons. It shall be the duty of the water superintendent to make reasonable effort to notify consumers in advance of such an emergency, and that water service is to be suspended and restored, and will not be responsible for any damage resulting from shutoff.

(Ord. 329 § 4-4, 1974)

In the event of any shortage or depletion of the supply of water available to the water department for sale and distribution, the city shall first sell and distribute to its consumers within the incorporated limits of the city, and any contracts entered into as set forth in this section shall contain provisions to this effect: "That the City of Lindsay may terminate said service without incurring liability to itself for any loss or damage as a result of such termination at any time within the discretion of the City Council of the City of Lindsay; a water shortage imperils the general health and welfare of the citizens within its incorporated limits."

(Ord. 329 § 4-5, 1974)

All water outlets through which a continuous stream of water can be conducted must be shut off promptly upon alarm of fire being given by the city and the water from the outlets shall not be turned on again until the fire is known to be extinguished.

(Ord. 329 § 4-6, 1974)

1. Fire hydrants are provided for the purpose of extinguishing fire and are to be opened and used only by authorized representatives of the city, and by such persons as may be officially authorized by the water superintendent. To insure the safety of fire hydrants, any person or persons authorized to open fire hydrants will be required to use only an approved spanner wrench and failure to do so will be sufficient cause to prohibit further use of the fire hydrant. Every person authorized to open fire hydrants must replace the caps on the outlets, when not in use, and failure to do so is declared to be sufficient cause to prohibit further use of fire hydrants by such person or persons. It is unlawful for any person, firm or corporation to conduct or carry water in any way from any fire hydrant without written permission to do so from the water superintendent.
2. No person shall, through the placement of landscaping or structures cause the view of or the access to a fire hydrant to be restricted.

(Ord. 329 § 4-7, 1974)

1. Any consumer may require, upon deposit of four dollars at the office of the water department of the city, that the meter through which water is being furnished to the consumer be tested by the department for the purpose of ascertaining whether or not it is registering correctly. If, upon such test, the meter is found to register over two percent more water than actually passes through, another meter shall be substituted therefor and the deposit of four dollars returned to the consumer making the application, and the water bills for the current period shall be adjusted in an equitable manner.
2. If, upon such test, the meter is found to register under two percent more water than actually passes through, the four-dollar deposit shall be retained by the water department and deposited in the water fund.

(Ord. 329 § 4-8, 1974)

Where a meter fails to register during any period, a charge will be made, based upon the water consumed during the same month of the previous year. In the event that a meter had not yet been installed for the same month of the previous year, the charge shall be based upon the water consumed during the last month or portion thereof the meter was registering.

(Ord. 329 § 4-9, 1974)

1. The water department of the city shall, at its own expense, maintain and make all necessary repairs to water mains, meters and pipelines connecting to water mains from the main, to and including the meter or shutoff.
2. The water department of the city shall make no repairs or do any work whatsoever on water pipelines beyond the meter connection or shutoff. Any repair made necessary by any act, negligence or carelessness of the consumer, or other person, shall be charged to and collected from the consumer or the person or persons guilty thereof.
3. All meters are the property of the department of public works and the department shall make such repairs as in its judgment are needed.
4. It is unlawful to interfere with, or cut off, or remove the water meter from any service where it has been installed without first receiving written permission from the water superintendent. Such permission shall be granted only for purpose of testing, replacements, repairs to meters or service pipes, readjustments of service or similar emergency.

(Ord. 329 § 4-10, 1974)

The city and the department of public works will not be responsible for damage to buildings or their contents caused by any break beyond the street service cock, or by any interruption of the supply of water by reason of the breaking of machinery, or stoppage for necessary repairs.

(Ord. 329 § 4-11, 1974)

No refrigerant cooler or combination of refrigerant coolers having an aggregate capacity of more than three tons, of thirty-six thousand Btu's per hour, shall be installed or connected with or to any single water service connection with the main unless the cooler or coolers are all equipped with a device whereby all the water used in the operation of the cooler or coolers may be and is constantly circulated and recirculated and reused therein in such manner that none enters the sewer or otherwise escapes use therein.

(Ord. 329 § 5-1, 1974)

A charge of four dollars per year for each residential type swimming pool equipped with recirculating filter system hooked up to the sewer shall be made on May 1st of each year.

(Ord. 329 § 5-2, 1974)

A charge of one dollar and fifty cents per inch of nominal pipe diameter shall be billed monthly for standby protection service.

(Ord. 329 § 5-3, 1974)

Any fire hydrant to be used for a temporary water supply by a construction contractor or other user shall be metered, unless specifically waived by the water superintendent. A minimum connection charge of fifteen dollars shall be paid and shall cover the first ten thousand gallons used. Any water used in excess of ten thousand gallons shall be charged at the metered rate.

(Ord. 329 § 5-4, 1974)

All water services outside the city limits are subject to council approval, and shall pay twice the applicable monthly rates.

(Ord. 329 § 5-5, 1974)

The city council reserves the right and power to negotiate and contract separately with any person, firm or corporation for the sale and delivery of water within or without the incorporated limits of the city at wholesale at such times, places and prices as may be fixed as resolutions of the city council from time to time adopted, as the case may be.

(Ord. 329 § 5-6, 1974)

1. All water charges shall become due and payable to and at the city finance department on the first day of the month following the month of service and shall become delinquent on the twenty-fifth day of the month in which the billing occurs. When a bill becomes delinquent, a ten dollar penalty shall be automatically assessed. Water service shall be disconnected no sooner than (60) days after the original due date, if the amount due and owing is not paid in full and the customer has not requested an alternative payment schedule or amortization plan. The City Manager shall enact and revise, as needed, a Residential Water Billing and Shutoff Policy not inconsistent with State law, the City Charter, or Municipal Code.
2. All bills for such charges shall be issued by the City Manager's designee. The bills shall state their purpose (water, sewer, disposal service) and shall give the name and last known address of the person responsible for the payment (as provided in this chapter) and shall list separately the charge for water service, the charge for sewer service, the charge for disposal service, and the total charge for all services.
3. All water, sewer, and disposal service charges shall be determine in accordance with Article XIIIC of the California Constitution and Section 5.32.040 and 5.32.310 of the Municipal Code and ratified by the City Council by resolution duly adopted.

(Ord. 587; Ord. 585; Ord. 329—Art. 1 Revised 2013; Ord. 329 § 5-7, 1974)

Once a water service bill has been declared delinquent, and the water service has been discontinued in accordance with the provisions of these rules and regulations, the service shall not be reconnected until all delinquent charges, plus penalties and reconnection charges have been paid. It shall be the responsibility of the owner of the property, or the consumer requesting reconnection, to pay the delinquent bill, penalties, and reconnection charge.

(Ord. 329—Art. 2 Revised 2013; Ord. 329 § 5-8, 1974)

The City Manager's designee is charged with the enforcement of this chapter and all of its provisions.

1. In the event of a violation of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the City Manager's designee, in writing, shall notify the person causing, allowing or committing the violation, specifying the violation and, if applicable, the time after which (upon failure of the person to prevent or rectify the violation) the city water superintendent will exercise his authority to disconnect the premises from the municipal water system and/or the municipal sewer system; provided, that such time shall not be less than five days after the deposit of the notice in the United States Post Office at Lindsay, California, addressed to the person to whom notice is given; provided, however, that in the event the violation results in a public hazard or menace, then the director of public works may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate the hazard, and the reasonable value of the things done and the amounts expended in so doing shall be charged upon the person so in violation.
2. Upon the failure of any person billed or the owner of a premises to pay any water service prior to delinquency, anyone or more of the following actions may, or where required by this section shall, be taken by the city or city officials to enforce the payment, subject to the provisions of subsection (A) of this section:
3. Each water service charge levied by, or pursuant to, this chapter on any premises within the city limits is made a lien upon the premises and any step authorized by law may be taken by the city to enforce payment of the lien.
4. In each case where any delinquency charges occur in water, sewer or refuse service, the City Manager's designee shall assess a penalty of ten dollars in addition to the amount of the billing.
5. In each case where any bill for water service remains unpaid as of (60) days after the original due date following delinquency, the City Manager's designee, upon notification of such delinquency, shall disconnect the premises from the municipal water system. Whenever a premises has been disconnected from the municipal water system for nonpayment of water service charges, the premises shall not be reconnected to the municipal water system until all delinquent charges and penalties have been paid together with such reasonable charges for reconnection as may be ordered from time to time by the city council by resolution duly adopted.
6. Delinquent charges and penalties for water, sewer, or disposal services bills that remain unpaid as of (60) days after the original due date following delinquency may be levied onto a premises' property tax rolls upon approval by city council.
7. The above rules and regulations shall apply, in equal force and effect, to charges and collections for sewer service and for refuse disposal service furnished by the city to any premises.

(Ord. 587; Ord. 329—Art. 3 Revised 2013; Ord. 329A, 1976; Ord. 329 § 5-9, 1974)

The City Council has adopted by Resolution its Water Conservation Plan which sets forth water conservation phases and conservation measures including mandatory restrictions on water usage by property owners and water consumers and prohibitions concerning misuse of water. Violation of the measures in effect, currently and as may be amended by Resolution from time-to-time, pursuant to the applicable phase of Water Conservation Plan, shall be enforceable as set forth per any applicable remedy provisions in this Municipal Code, including but not limited to Section 1.16 and 13.04.340. Additionally, the City may strictly enforce the water conservation program by issuing citations in amounts which are set by resolution of the City Council. Monetary citations issued may be collected via the monthly utility bill. The City's Water Conservation Plan is deemed to be the City's "Water Shortage Contingency Plan" to the extent applicable by State law.

(Ord. 604 2023, Ord. 547, § 1, 2014)

HISTORY Amended by Ord. 551 on 8/25/2015 Amended by Ord. 556 on 7/12/2016

In case no water is used through the meter or the property becomes vacant, nevertheless, the regular minimum rate shall be charged and collected from the owner thereof, or the applicant for service. Service will be discontinued by the water superintendent within forty-eight hours of receiving notice to discontinue the water service.

(Ord. 329 § 5-10, 1974)

The nonowner of any premises, where a connection is made to the city water system or upon which city water is consumed, may be required to make a deposit of fifteen dollars or the amount of the minimum meter schedule charge, whichever is the greater, before water may be delivered to the premises. The deposit is made to secure the payment of the water bills and shall be refunded upon a change of occupancy, provided all water bills have been paid. The City Manager's designee shall have the right to waive the requirements of a deposit for business or industrial consumers as may be deemed advisable.

(Ord 587; Ord. 329 § 5-11, 1974)

1. Applicants for extensions to serve tracts or subdivisions more than one hundred feet distant from existing water mains will be required to (1) enter into written contract for the extensions; and (2) to transfer and convey to the city all water mains and easements existing in connection therewith which are located on the tract or subdivision, or which may be used thereon; further provided, that existent water facilities will not be accepted if they are below the city standard of construction.
2. The size, type and quality of material, and the location of lines, shall conform to the standard specifications for the construction and installation of water mains within the city, from time to time adopted, and the actual construction shall be done by the water department of the city or by a contractor acceptable to it. Where the city is participating in the cost of improvements, the public works director shall approve the construction contract. He may require sealed bids to be opened in his presence.
3. All plans and profiles for the installation and construction of the water main extensions shall be prepared by a competent and qualified engineer and the water department shall supervise the construction and installation of the water main extensions.

(Ord. 329 § 6-1, 1974)

1. It shall be the duty of the City Manager's designee, subject to approval of the city council, to establish rules and regulations applicable to the use of, and operation of, the municipal water system as may be deemed advisable and necessary; provided, that such rules and regulations shall not be in conflict with any provisions of this chapter and shall at all times be subject to appeal to the city council, whose decision shall be final.
2. It shall be the duty of the City Manager's designee to collect all water service charges. The City Manager's designee shall keep an accurate accounting and records showing the source, amount and disposition of all funds received from water service charges.

(Ord. 587; Ord. 329 § 7-1, 1974)

This chapter is complementary to and adopted in conjunction with Chapter 13.12, pertaining to sewer service charges, and in all matters pertaining to rates, meters, connections, penalties, extensions of service outside the city limits and contractual rights, wherein the same may not be set forth in Chapter 13.12, this chapter shall govern as to the matters.

(Ord. 329 § 7-2, 1974)

All revenues received and collected by the City Manager's designee pursuant to this chapter for water service by the city shall be deposited by the city treasurer within one month of receipt thereof by them in the appropriate Fund and all revenues received or collected by the City Manager's designee pursuant to this chapter or pursuant to Chapter 13.12 for sewer service shall be deposited by the city treasurer within one month of receipt thereof by them in the appropriate Fund.

(Ord 587; Ord. 329 § 7-3, 1974)