Los Banos Municipal Code Ch. 7 Water System

The office of Director of Public Works is hereby established and shall be filled by appointment by the City Manager. The Director of Public Works shall be the administrative officer of the Water Department and shall discharge such duties as directed by the Council and receive such compensation as shall be provided by resolution or ordinance of the Council.

The Director of Public Works shall not have authority over any duty in connection with the billing and collection of charges for water service other than to provide necessary meter readings and other required data.

(§ 1, Ord. 186, as amended by § 2, Ord. 759, eff. January 16, 1987)

Before water service will be supplied by the Water Department to any person, firm, or corporation, which service requires a connection from the water mains of the Water Department to water pipes on any real property, the owner or occupant of the property shall make a written application for such service and a service connection upon a form provided by the Water Department. Such application shall set forth the following information:

(a) The name and address of the applicant;

(b) 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; and

(c) A statement of the applicant's relation to the property, whether as owner, occupant, lessee, or otherwise.

(§ 7, Ord. 186)

(§ 8, Ord. 186, as amended by § 1, Ord. 353; repealed by § 1, Ord. 709, eff. May 1, 1983)

(§ 9, Ord. 186, as amended by § 1, Ord. 292, § 1, Ord. 617, eff. August 21, 1978, and § 1, Ord. 663, eff. June 20, 1980; repealed by § 1, Ord. 709, eff. May 1, 1983)

(a) Responsibility of the Water Department. (Repealed by § 1, Ord. 641, eff. June 15, 1979)

(b) Responsibility of the consumer. The consumer, at his own expense, shall install that portion of the service inside the curb or property line. Such installation shall include a shutoff valve inside the property line at a location accessible in case of emergency. The materials furnished by the consumer in the construction of such service extension at all times shall be and remain the sole property of the consumer and, when necessary, shall be maintained and repaired by the consumer at his own expense.

(c) Option of the Water Department. The Water Department may install, but shall not be required to install, more than one service to any one consumer.

(§ 17, Ord. 186, as amended by § 1, Ord. 641, eff. June 15, 1979)

Applicants for water main extensions to serve premises, tracts, or subdivisions where a main extension is necessary shall:

(a) Enter into a written contract for such extensions;

(b) Deposit with the Water Department the estimated reasonable cost of the necessary facilities, as estimated by the City Engineer, before construction is commenced; and

(c) Transfer and convey to the City all water, water mains, and easements existing in connection therewith. The size, type, and quality of the materials and the location of the lines shall be specified by the Council.

(§ 18, Ord. 186)

It is unlawful for any person to permit a connection to be made, or to permit a connection to exist, for any purpose whatever between the water system of the Water Department and any other source of supply, unless such connection is fitted with a suitable device, approved by the Director of Public Works, which will prevent water from the other source of supply entering the system of the Water Department.

(§ 23, Ord. 186, as amended by § 2, Ord. 759, eff. January 16, 1987)

Contractors or any person desiring to use water in construction work where nonmetered connections must be made shall in each case obtain a written permit from the Director of Public Works. The Director of Public Works will then designate the connection and the cost of the meter installation. All water shall then be charged at the prevailing rate. The minimum charge shall be Ten and No/100ths ($10.00) Dollars.

All water used in the development of new subdivisions shall be estimated by the City Engineer and Director of Public Works and charged at the prevailing rate.

(§ 25, Ord. 186, as amended by § 2, Ord. 617, eff. August 21, 1978, and § 2, Ord. 759, eff. January 16, 1987)

The City and the Water Department reserve the right to shut off the water in the mains at any time for the purposes of making repairs to mains or services or for extensions or other reasons. It shall be the duty of the Director of Public Works to make a reasonable effort to notify the consumers in advance that water service is to be suspended.

(§ 21, Ord. 186, as amended by § 2, Ord. 759, eff. January 16, 1987)

No person, other than duly authorized employees of the Water Department, shall connect the consumer's service to, or disconnect the consumer's service from, the water mains of the Water Department.

(§ 28, Ord. 186)

(a) Nonpayment of bills for prior services. Water services to consumers shall be discontinued for the nonpayment of bills for services rendered at previous locations served by the Water Department if such bills are not paid within 30 days after presentation at the new location.

(b) Defective appliances or apparatus. The Water Department 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 shall at any time be unsafe, or if the utilization of water by means thereof shall be prohibited by any law or regulation, until such law or regulation shall be declared invalid by a court of competent jurisdiction, and may refuse service until the consumer shall put such part of such appliance or apparatus in good and safe condition and comply with all the laws and regulations applicable thereto.

(c) Fraud or abuse. The Water Department 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.

(d) Failure to observe rules and regulations. If a consumer shall fail to comply with any of the rules of the Water Department from time to time enforced, the Water Department shall advise the consumer of such failure. If the consumer does not remedy the failure within a reasonable time, the Water Department shall have the right, after giving notice, to discontinue service to the consumer.

(§ 30, Ord. 186)

If a dispute shall arise between any water customer and the Water Department concerning water service, such dispute may be settled by the Director of Public Works, subject to the approval of the Council. The final decision and settlement of any such dispute shall be recorded in the minutes of the Council. The provisions and procedure provided for in this section shall be permissive only and shall in no way affect the other provisions of this chapter.

(§ 6, Ord. 186, as amended by § 2, Ord. 759, eff. January 16, 1987)

In all cases the size of the meter to be installed shall be determined by the Director of Public Works.

(§ 10, Ord. 186, as amended by § 2, Ord. 759, eff. January 16, 1987)

(§ 11, Ord. 186, as amended by § 1, Ord. 519, eff. January 2, 1975; repealed by § 1, Ord. 709, eff. May 1, 1983)

(§ 12, Ord. 186; repealed by § 1, Ord. 709, eff. May 1, 1983)

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

(§ 13, Ord. 186)

After water service has been provided and a meter installed on the property, any damage to the meter resulting from any carelessness on the part of the consumer shall be paid for by the consumer to the Water Department upon the presentation of a bill therefor. It is unlawful to interfere with, cut off, or remove the water meter from any service where it has been installed without first receiving written permission from the Director of Public Works. Such permission shall be granted only for the purposes of testing, replacements, repairs to meters or service pipes, readjustments of service, or similar emergencies.

All meters shall be the property of the City, and the Water Department shall make such repairs as in its judgment are needed.

The Water Department, at its own expense, shall make all the repairs necessary to water mains, meters, and pipelines connecting with water mains. The Water Department shall make no repair or do any work whatsoever on water pipelines beyond the meter connection. Any repair made necessary by any act, negligence, or carelessness of the consumer or other persons shall be charged to, and collected from, the consumer or the person guilty thereof.

Owners of real property shall be responsible for any and all damages to water meters and all related parts in the event the meters are damaged by outside individuals or circumstances.

(§ 19, Ord. 186, as amended by § 3, Ord. 617, eff. August 21, 1978, and § 2, Ord. 759, eff. January 16, 1987)

(§ 5, Ord. 186, as amended by § 1, Ord. 475, eff. August 4, 1973, § 1, Ord. 498, eff. May 31, 1974, § 1, Ord. 600, eff. April 5, 1978, § 4, Ord. 617, eff. August 21, 1978, and § 1, Ord. 618, eff. June 21, 1978; repealed by § 1, Ord. 709, eff. May 1, 1983)

In the event no water is used through a water meter or property becomes vacant, the regular minimum rate shall be charged and collected from the owner thereof or the applicant for service. Service shall be discontinued by the Director of Public Works within 48 hours after receiving notice to discontinue water service.

(§ 14, Ord. 186, as amended by § 2, Ord. 759, eff. January 16, 1987)

All water bills shall be due and payable bimonthly at the office of the Water Department on the first day of each and every other calendar month. Any consumer who fails to pay such water bill within 30 days after such bill becomes due shall, in addition thereto, pay a penalty of 10% of the amount of the bill. Water bills shall have printed thereon a notice that, if the amount is not paid, a penalty of 10% will be added after the due date and service may be discontinued as set forth in this chapter. If the consumer has a deposit placed with the Water Department, the amount of the bill and penalty shall be deducted therefrom, and the consumer shall be required to restore the deposit. If the deposit is not restored, service shall be discontinued when the original deposit is absorbed.

(§ 15, Ord. 186, as amended by § 1, Ord. 476, eff. August 4, 1973, and § 1, Ord. 729, eff. August 4, 1984)

If a consumer who has initially established his credit as set forth in this chapter, or who has received service prior to December 21, 1949, later fails to pay his water bill to the Water Department, a cash deposit shall be demanded, irrespective of whether or not the consumer owns the premises supplied by the service, in addition to the payment of all delinquent bills and penalties. If such consumer fails to pay his delinquent bills and make a cash deposit, his water service shall be discontinued after the expiration of 15 days' notice to discontinue service. If water service is discontinued, the service may again be established only in the event the consumer or applicant for service pays all delinquent bills, makes the required cash deposit, and pays, in addition thereto, the sum of One and No/100ths ($1.00) Dollar. Thereupon, and not otherwise, shall service be resumed.

(§ 16, Ord. 186)

Upon the written application of the owner or occupant of a building or premises to have the water shut off on the supply side of a meter, the Water Department shall have the water shut off and at the same time record the reading of the meter and render a bill in a sum which shall be the greater of the amount of water used or for the minimum due for the fractional part of the month.

(§ 27, Ord. 186)

(§ 29, Ord. 186; repealed by § 1, Ord. 709, eff. May 1, 1983)

Any person, firm, or corporation desiring to purchase water at wholesale from the Water Department shall make a written application to the Council for a contract therefor, specifying the time, place, and nature of the intended use of the water. The Council shall consider the application and, if in its judgment the application may be granted without detriment to the City, a contract may be entered into for the sale and delivery of water at wholesale at times, or over a period of time, and at places and charges which, in the opinion of the Council, will be to the best interests of the City.

(§ 5, Ord. 186)

Fire hydrants shall be provided for the purpose of extinguishing fires and shall be opened and used only by the Water Department, Fire Department, and Street Department of the City and by such persons as may be officially authorized by the Director of the Public Works. To insure the safety of the fire hydrants, any person authorized to open fire hydrants shall be required to use only an approved spanner wrench, and failure to do so shall be sufficient cause to prohibit further use of the fire hydrants. Every person authorized to open fire hydrants shall replace the caps on the outlets when not in use, and failure to do so is hereby declared to be sufficient cause to prohibit the further use of the fire hydrants by such persons. It is unlawful for any person to conduct or carry water in any way from any fire hydrant without written permission to do so from the Director of Public Works.

(§ 20, Ord. 186, as amended by § 2. Ord. 759, eff. January 16, 1987)

The Council is hereby authorized and directed to apply to the Board of Health of the State for an amendment to the water permit of the City to provide for the addition of fluoride to the water supplied by the Water Department to its customers in amounts necessary to maintain the fluoride content of the water at the recognized standards recommended by the Board of Health of the State for the best interests of the public health and dental health of the residents of the City.

The Council is further authorized and directed, after such amended permit is obtained, to take all necessary steps to add fluoride to the water supplied by the Water Department.

(§§ 1 and 2, Initiative Ord. 241, adopted April 16, 1957)

It is unlawful for any person to draw water from any pipe or water main of the Water Department directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. The provisions of this section shall not apply to hot water heaters used exclusively for domestic or mercantile purposes.

(§ 22, Ord. 186)

The Council, by resolution, may require that private lawns be watered or irrigated between such hours as the Council shall fix and at no other time. It is unlawful for any person to irrigate or water any private lawn at any other time than as set forth in such resolution.

(§ 32, Ord. 186)

Authorized employees of the Water Department shall have reasonable access to any premises supplied with water for the purpose of making inspections of the water system and meter upon such premises.

(§ 24, Ord. 186)

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, stopcocks, and other apparatus and appliances which may be required for receiving, controlling, applying, and utilizing the water services of the City. The Water Department shall not assume the duty of inspecting the service appliances or apparatus or any part thereof, of the consumer and shall assume no liability therefor. The Water Department shall not be responsible for any loss or damage caused by the improper installation of such apparatus and appliances or for any negligence, want of proper care, or wrongful act of the consumer or his 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 shall result from their failure to comply with the provisions of this section.

(§ 31, Ord. 186)

Neither the City nor the Water Department shall be responsible for damages to buildings or their contents caused by any break beyond the street service cock, or for damages caused by the breaking of any pipe or service cock, or for damages caused by any interruption of the supply of water by reason of the breaking of machinery or stoppage for necessary repairs.

(§ 33, Ord. 186)

The Council may, by resolution, provide such rules and regulations as it may deem necessary or advisable to accomplish the intent and purposes of this chapter.

(§ 34, Ord. 186)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 35, Ord. 186)

The Council from time to time, in its discretion, and by ordinance and/or resolution, may fix, alter, change, amend, or revise the schedule of rates and compensation for water furnished by the Water Department of the City.

(§ 2, Ord. 618, eff. June 21, 1978)