Loyalton Municipal Code Ch. 11.04 Water

ORDINANCE NO. 382

WATER POLUTION

PURSUANT TO CALIFORNIA STATE FISH AND GAME CODE, SPECIFICALLY SECTION 5650 AND 5652:

It is unlawful to deposit in, permit to pass into, or place where it can pass into the waters of this state any of the following:

(a) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance. (b) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill or factory of any kind. (c) Any sawdust, shavings, slabs, edgings. (d) Any factory refuse, lime or slag. (e) Any cocculus indicus. (f) Any substance or material deleterious to fish, plant life, or bird life.

It is unlawful to deposit, permit to pass into, or place where it can pass into the waters of the state, or to abandon, dispose of, or throw away, within 150 feet of the high-water mark of the waters of the state, any cans, bottles, garbage, motor vehicle or parts thereof, rubbish, or the viscera or carcass of any dead mammal, or the carcass of any dead bird.

The City County of the City of Loyalton passed the above Ordinance No. 382 on May 15, 1991, by the following vote:

AYES: M. Gottardi, M. Hudson, E. Smith

NOES: None

ABSTAINED: None

ABSENT: M. Moran, K. Peterson

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MAYOR ATTEST:

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CITY CLERK

EXHIBIT “A”

CITY OF LOYALTON WATER RATES AND FEES

The following rates and fees shall apply:

A. METERD BASE CHARGE AND GALLONS ALLOWED (Base Charge):

Meter Size Base Charge Per Month Usage Included in Base Rate

CLASSIFICATION METER SIZE BASE RATE CHARGED USAGE INCLUDED IN BASE RATE (GALLONS/MOUNTH) SINGLE FAMILY RESIDENTAL 3/4” $49.63 10,000 SEASONAL SINGLE FAMILY RESIDENTIAL 3/4” $49.63 10,000 RESIDENTIAL OUT OF TOWN 3/4” $49.63 10,000 RESIDENTIAL OUT OF TOWN 1” $55.40 30,000 DUPLEX 3/4” $99.27 10,000 MULTI-FAMILIY RESIDENTIAL 3/4” $2,871.32 10,000 TRAILER PARK 3/4” $397.07 10,000 CHURCH 3/4” $49.63 10,000 CHURCH – SEASONAL 3/4” $49.63 10,000 COMMERCIAL 1” $55.40 30,000 COMMERCIAL 3/4” $32.44 10,000 SCHOOL 2” $168.30 60,000 SCHOOL 4” $464.66 100,000 ARP 2” $185.54 60,000 GOVERNMENT 3/4” $32.44 10,000 GOVERNMENT – OUTSIDE CITY LIMITS 3/4” $36.09 10,000 GOVERNMENT 2” $168.30 60,000 HOSPITAL/MEDICAL CLINIC 3/4” $32.44 10,000 HOSPITAL/MEDICAL CLINIC 1” $36.21 30,000 HOSPITAL/MEDICAL CLINIC 6” $685.12 100,000

B. CHARGES FOR METERED USE OVER MONTHLY GALLONS ALLOWED (Overage Charge):

Meter Size Monthly Gallons Used $/1,000 Gallons

3/4” 10,000 $1.52 1” 30,000 $1.52 1.5” 40,000 $1.52 2” 60,000 $1.52 3” 80,000 $1.52 4” 100,000 $1.52 6” 100,000 $1.52

C. NON-METERED BASE CHARGE:

Service Size Base Charge Per Month 3/4” $36.09 1” $40.23 1.5” $97.09 2” $185.54 3” $311.88 4” $491.51 6” $754.14

D. RECONNECTION CHARGE:

Where a customer requests a service to be disconnected and the meter removed, it will be removed and the customer charged on a time and material basis. A reconnection fee of $100.00 shall be charged to reestablish service, plus time and material.

E. METER TESTING:

The cost for meter testing will be $50.00 per test. This amount must be deposited with the City prior to the test.

F. CONNECTION AND INSTALLATION FEES:

Connection and installation fees shall be based on the size of meter necessary to serve the property.
Size to be determined by City in accordance with Uniform Plumbing Code.

Meter Size Connection Fee Installation Fee 3/4” $1,500 $500 1” $2,500 $500 1.5” $6,000 $1,000 2” $10,000 $1,250 3” $24,000 $1,500 4” $42,000 Actual cost 6” $1,000 Actual cost

Fire Service & Detector Check Installation includes the detector check assembly, including meter and readout device boxes, extensions, box lid, and installation labor. Service tap and line between the main and the property are not included.

G. AMINISTRATIVE FEE:

In the event a connection charge is refunded per the request of the owner, an administrative fee of $100.00 will be withheld from the refund.

H. CHANGE OF ACCOUNT FEE:

In the event the name on an account is changed or transferred, there shall be a $20.00 fee charged to the account, which shall be all-inclusive for water and sewer accounts.

I. REQUEST TO READ METER:

In the event that a meter is read pursuant to the customer’s request there shall be a $20.00 fee charged to the account.

J. TURN OFF/ON FEE:

Per customer request –

Regular working hours

$50.00

After regular working hours

$100.00

For Non-Payment

Turn off

$100.00

Turn on

$0.00

If the actual cost to the City is greater than this fee, due to accessibility to the meter or any other reason beyond the control of the City, the actual cost of the service shall be billed to the customer on a time and material basis.

K. RETURNED CHECKS

A charge of $30.00 shall be assessed for each check tendered as payment to the City that is returned unpaid by the bank.

L. ANNUAL ADMINISTRATIVE CHARGE PER BACKFLOW DEVICE:

All sizes

$25.00

M. TEMPORARY SERVICE FEE:

Annual charge

$250.00

Water consumption charge:

$1.52/1,000 gallons

N. FIRE HYDRANT METER DEPOSIT:

Deposit Fee

$750.00

Daily rental fee – one day minimum $ 15.00

Water consumption charge:

$1.52/1,000 gallons

O. TAPPING EQUIPMENT CHARGES:

On a time & materials basis.

P. BILLING CYCLE:

Bills shall be provided to users on a monthly cycle, unless determined by the City Council that special circumstances warrant either a more or less frequent cycle.

Q. LOCATION AND MAINTENANCE RESPONSIBILITY FOR FACILITIES:

All meter and fire service facilities shall be located within the boundaries of the property served. The property owner shall own and be responsible for the maintenance of all connection lines, boxes and

lids. The City shall own and be responsible for the maintenance of detector check assemblies, meters and readout devices.

R. SERVICE OUTSIDE THE CITY LIMITS

When approved by the Council, the City may provide water service outside the City limits. Service will be provided at the following rates;

Metered And Non-Metered Usage:

1.1 times the rates listed elsewhere in this Ordinance for service within the City Limits, including both the base rate and the overage charge.

Connection And Installation Charges:

2.0 times the rates listed elsewhere in this Ordinance for service within the City Limits.

Ordinance No. XX-2004, and revoking all previous Ordinances and resolutions in regards to water service by the City of Loyalton, Adopted by City Council February 17, 2004

SECTION 1. GENERAL

The purpose of this Ordinance is to establish the rules, regulations, conditions of service, and rates for water service by the City of Loyalton.

A. A.W.W.A. American Water Works Association. B. Allowable Use Allowable use is the amount of water in gallons that can be used without an additional charge for usage being made. See EXIBIT “A,” WATER RATES. C. Approved Accepted by the City as meeting an applicable specification stated or cited in this Ordinance, or as suitable for the proposed use. D. Auxiliary Water Supply Any water supply available to the property other than the approved public water supply will be considered as an auxiliary water supply. The auxiliary water supply may include another purveyor’s public potable water supply, or any natural source such as a well, spring, stream, lake, etc. or reclaimed water. E. Backflow The reversal of the normal flow of water caused by either backpressure or backsiphonage. F. Backflow Preventer An assembly or means designed to prevent backsiphonage. G. Backpressure The presence of a pressure in any portion of the customer’s service greater than the pressure at the service connection. H. Backsiphonage The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than its intended source caused by a reduction of pressure in the potable water supply system. I. City The City of Loyalton, situated in the County of Sierra, California. J. City Council or Council City Council of the City of Loyalton, California, an elected body. K. Contamination An impairment of the quality of potable water by sewage, industrial fluids, waste fluids, compounds, or other materials to a degree which creates an actual or potential hazard to the public health through poisoning, toxicity, or the spread of disease. 11.04 (Section 1.01 – 1.02)

L. Cross-Connection Any physical connection or arrangement or piping or fixtures between two otherwise separate piping systems one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow or back siphonage may occur into the potable water system. M. Cross-Connections, Controlled A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard. N. Cross-Connection Control The installation of an approved backflow prevention assembly at the water service connection to any customer’s property. O. Customer The owner of a parcel, their authorized agent, or occupants authorized by the owner, receiving water service from the City. P. Hazard, Degree of The term is derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.

1. Hazard – Health Any condition, device, or practice in the water supply system and its operation which, in the judgment of the City, could create or pose a danger to the health and wellbeing of the water customers and/or water supply.
2. Hazard – Plumbing A plumbing-type cross-connection in a consumer’s potable water system that has not been properly protected by an approved air-gap or approved backflow prevention assembly.
3. Hazard – Pollution An actual or potential threat to the physical properties of the water system or to the potability of the public or the customer’s potable water system which would constitute a nuisance, or be esthetically objectionable, or could cause damage to the system or its appurtenances, but which would not be dangerous to health.
4. Hazard – System An actual or potential threat of severe damage to the physical properties of the public 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. Q. 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, pollution, or plumbing hazard if introduced into an approved potable water supply. This may include but not be limited to: polluted or contaminated waters; all types of process waters and “used water” originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids and alkalis; circulating 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 from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases, glycerin, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in industrial or other purposes or for firefighting purposes. R. Meter Read Cycle The number of days between meter reads. 11.04 (Section 1.02 Continued)

S. Monthly Allowable Usage Monthly allowable usage is the monthly gallons included in meter base rate as shown in EXHIBIT “A,” WATER RATES. T. Multi-family Uses All plumbing fixtures in hotels, motels, bed and breakfast inns, condominiums, apartments, townhouses, duplexes, and detached dwellings. U. New Uses Any uses incorporated in new construction or added to existing structures through remodeling taking place after the date of adoption of this Ordinance. V. Parcel A term utilized by Sierra County to define and identify land subdivision. A parcel represents a division of land where ownership may be transferred. W. Pollution Means 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. X. Potable Water Any water, which according to recognized standards, is safe for human consumption. Y. Pressure Reducing Valve A valve device providing regulation of water pressure to limit the pressure. Z. Pressure Relief Valve A valve device providing relief of surges in the system due to excessive pressure. AA. Public Uses All plumbing fixtures in commercial or industrial establishments, in restaurants, bars, public buildings, comfort stations, schools, gymnasiums, or places to which the public is invited or which are frequented by the public without special permission or special invitation and other installations (whether pay or free) where fixtures are installed so that their use is unrestricted. BB. Residential Unit A structure or a separate space or unit, which has a fully contained living facility with kitchen or kitchenette, living area, bedroom area and separate entrance, which is determined by the City to be a single unit for purposes of receiving water service. Such unit may or may not be individually metered.
The City will be the sole determining authority as to whether two structures qualify as separate residential units. CC. Self-Closing Valve A water valve designed to close by spring or water pressure when left unattended. DD. Service Unit A service unit is a single-family dwelling or the equivalent of a single-family residential unit. This is the minimum service level. EE. Single Family Uses All plumbing fixtures in single-family residential units. FF. Time and Materia Costs Time and material costs shall include labor, materials, equipment, outside contractors and the appropriate overhead on all of these charges. 11.04 (Section 1.02 Continued)

GG. Uniform Plumbing Code (UPC) A code published and updated periodically by the International Association of Plumbing and Mechanical Officials. HH. Water Closet Reservoir Device A device designed to reduce the flush in a tank-type toilets to three and one-half (3-1/2) gallons or less II. Water Saving Aerator An aerator limited flow to a maximum of four (4) gallons per minute. JJ. Water Saving Shower Head A shower head limiting flow to a maximum of two and one-half (2-1/2) gallons per minute or less. KK. Water Saving Toilets Tank-type toilets designed for a maximum 1.6 gallons per flush. LL. Water Service Connection The terminal end of a service connection from the public potable water system; i.e., where the City loses jurisdiction and sanitary control over the water at the point of delivery to the customer’s water system.
If a meter is installed at the end of the service connection, the service connection shall mean the downstream end of the meter. Normally, such connection is at the property line. MM. Water Used Any water supplied by a water purveyor from a public potable water system to customer’s water system after it has passed through the point of delivery and is no longer under the sanitary control of the City.

SECTION 2. CONDITIONS OF SERVICE

The City assumes no responsibility for loss or damage due to lack of water supply or pressure, either high or low, and agrees to furnish such quantities and pressures as are available in the distribution system.

The City reserves the right at any and all times to discontinue water delivery for the purpose of maintenance, repairs, and alterations to its system. Wherever possible, advance notice of interruption of service will be given to all water users affected.

By applying for and/or receiving water service from the City, each consumer irrevocably licenses the City and its authorized employees and agents to enter upon the consumer’s property at reasonable times for the purpose of reading, inspecting, testing, checking, repairing, maintaining or replacing the City’s meters, backflow prevention devices, and other facilities.

11.04 (Section 1.02 Continued – 2.03)

Title to water furnished by the City, the risk of loss thereof and full responsibility for the control, carriage, handling, storage, disposal and use shall pass from the City to the water user at the outlet of a City meter, the control valve of a fire hydrant, or the outlet of a check valve assembly.

Except with the prior written authorization of the City, no customer shall use, or permit the use of, any water furnished by the City on any property other than that specified in the customer’s application for service, nor shall any customer resell any water furnished by the City.

No electric circuit shall be grounded to the City’s facilities or to any plumbing or metal in electrical continuity therewith. Any person who makes, or permits to be made, such a connection will be liable for damages to the City’s facilities, and for injury resulting from such a connection.

Each customer is responsible for paying all rates, fees and charges for water used and water service provided when due. Failure to receive a bill does not relieve the customer of the responsibility for payment of the bill. By applying for or receiving water service from the City, each customer covenants and agrees to be bound by and to comply with all Ordinances, rules and regulations of the City as may be in force at the time of application and as may subsequently be amended and/or adopted by the City.

If the customer requests the City turn on water to a property, the City shall take no responsibility for damage to the property if a leak occurs inside of the structure, a faucet or fixture is open, or a leak occurs at any place in the service line on the customer’s side of the City’s meter.

The customer shall install, maintain and use a customer’s shutoff valve to turn water on and off for their convenience. Such valve shall be located downstream of the water meter. The City’s valve shall not be used by the customer or their representatives without the express written approval of the City.
Unauthorized use constitutes tampering with the City facilities.

A suitable pressure relief valve must be installed and maintained by the customer at the customer’s expense. When check valves or other protective devices are used on the water service, the relief valve shall be installed between any check valves and the water heater on the customer’s side of the City’s meter. When the City’s line pressure is over 60 pounds per square inch at the service connection, a suitable pressure reducing valve shall be installed and maintained by the customer on the customer’s side of the City’s meter. The valve shall be set to maintain a pressure equal to or lower than 60 pounds per square inch within the structure.

11.04 (Section 2.04 – 2.10)

A. Service may be discontinued for the following reasons: 1. Failure of customer to meet financial obligations for water service provided or for repairs or alterations made to the customer’s service facilities by the City. 2. The presence of a public health hazard associated with the customer’s service connection that could adversely affect the public water system. 3. Failure of a customer to comply with the City’s Ordinances, rules, and regulations for water service. B. The following steps will be followed where an active service must be discontinued: 1. A notice will be placed on the property at least 72 hours prior to discontinuance. 2. If a public health hazard is determined by the City to be present, service may be discontinued without prior notice and the customer promptly notified.

The Loyalton City Council may establish and change the rates and/or fees charged pursuant to this Ordinance by resolution.

SECTION 3. NEW SERVICES, ADDED SERVICES

New services will be connected subject to the following conditions:

A. The property to be served is within the City Limits of the City of Loyalton, or the property is outside the City Limits but within the City’s Sphere of Influence, and connection is specifically approved by the City Council.

B. A City water main of adequate capacity and pressure, as solely determined by the City, exists in a public right-of-way or City easement abutting a boundary of the land to be served; or adequate mains, pumps and storage facilities, as solely determined by the City, are constructed in accordance with SECTION 12, EXTENSION OF FACILITIES

C. The customer shall make application for said service and pay the charges as provided in the Ordinance.

Applications for new service shall be in writing on forms provided by the City and signed by the customer or his authorized agent. The application shall be supported by such data as the City shall reasonably require, including, but not limited to, a map or legal description of the property to be served, the date service is to begin, and the names and billing address of the recorded owners responsible for the payment of the City’s fees, charges, and rates. If the person making application is not the owner of the property, permission to bill this person must be provided to the City on a form provided by the City.
All fees are due to the City prior to the installation of the water meter. Applicant must provide an emergency telephone number and mailing address as provided for on the application. 11.04 (Section 2.11 – 3.02)

A. Payment for Previous Service An applicant will not be granted service unless all accounts of the applicant with the City are current for any service provided by the City. B. Connection Fee The connection charge for each service shall be as shown in EXHIBIT “A,” WATER RATES based on the size of the meter necessary to serve the property. C. Meter Charge The total cost of the meter and meter installation shall be charged as a lump sum cost as shown in EXHIBIT “A,” WATER RATES. D. Extension of Facilities Where it is required to extend City facilities to serve a property, such fees shall be deposited as shown in SECTION 12, EXTENSION OF FACILITIES. E. Tapping Fee Tapping charges will be billed to customer on a time and materials basis as shown in EXHIBIT “A,” WATER RATES. F. Change of Accounts In the event the name of an account is changed, or transferred, or there is a request to read the meter, there shall be a fee charged to the account as shown in EXHIBIT “A,” WATER RATES.

All service to structures (including but not limited to duplexes, fourplexes, etc.) or other uses on the same parcel shall be considered a single Service Unit and may have a single water service and point of connection to the City’s water system. The determination of what constitutes the same parcel and a Service Unit shall rest solely with the City. Upon written request by the property owner and approval by the City, a property owner may have more than one Service Unit on the same parcel. Each Service Unit shall be independently metered, and independently pay a connection charge in accordance with EXHIBIT “A,” WATER RATES.

Two or more structures on the same parcel or contiguous parcels in the same ownership as of the effective date of this Ordinance may be served by one meter. Should the parcel be split and sold to another owner, each resulting parcel shall have a separate water service. Connection charges shall be paid as shown in EXHIBIT “A,” WATER RATES, for each structure built or existing on the parcels. When a structure exists or is placed on each parcel, a new connection charge is due. The installation and/or paying the costs for the City to install a new meter to serve the resulting parcel shall be accomplished prior to the effective date of the parcel split, or at close of escrow in the event of a sale. Responsibility for all charges, connection fees, and meter installation fees shall be the responsibility of the property owner of record.

A person taking possession of a property or premises sand using water from an active service connection, without having made application to the City for water service, shall be held liable for the water delivered from the date of the last billing. If a proper application for water service and 11.04 (Section 3.02 Continued – 3.05)

outstanding bills for service are not brought current within fourteen (14) days of notification by City, the service may be discontinued by the City in accordance with SECTION 2.11, DISCONTINUANCE OF SERVICE. If no previous water service has existed at a property, and an unauthorized connection is made and water is taken without application being filed, water service shall be deemed established thirty (30) days after the application for a building permit and the cost of water shall be paid from that date. All costs of disconnecting and reconnecting the service, as determined by City records, will be the responsibility of the property owner and added to the initial billing.

Service calls will be accepted and response rendered by City personnel unless the problem is clearly believed to be that of the customer. A charge as shown in EXHIBIT “A,” WATER RATES, or a charge based on the actual time and materials (T & M) provided, will be made to the customer unless the problem is a City responsibility. The City Council or its authorized agent shall assess the situation and make a determination of responsibility for the problem. This determination may be appealed under SECTION 15, APPEALS.

Where new additional structures are built on parcels having existing water service, a new connection fee may be due based on the size of the meter necessary to serve the total use on the parcel. The new connection fee will be as shown in EXHIBIT “A,” WATER RATES, with a credit given for connection fees previously paid at their current value. Credit will be given when the existing meter is returned to the City. If the meter size remains the same, no additional connection fees will be due.

Should a connection to the system not be made after an application for new service has been made, a written request may be made to the City for refund of the connection fee. The written request must be made to the City within three (3) years of the date of the original application. An administration fee in the amount as shown in EXHIBIT “A,” WATER RATES will be deducted from the refund. If the size of a service is decreased, no refund of the connection fee previously paid shall be made.

The City will provide a tap to the City main at a cost as shown in EXHIBIT “A,” WATER RATES. No individual or customer or their representative or contractor shall tap the City main without written permission from the City.

SECTION 4. TEMPORARY SERVICE

Service which the City determines will be for less than one year and will not require installation of a permanent connection shall be provided upon payment of the total estimated cost of installing and removing the connection and a security deposit as shown on EXHIBIT “A,” WATER RATES. Service 11.04 (Section 3.05 – 4.01)

charges and rates shall be in accordance with the billing procedures and rates contained within this Ordinance.

Temporary use of water from a fire hydrant must be authorized by the City, and a hydrant meter obtained from the City. A deposit equal to the value of the replacement cost of the hydrant meter will be paid to the City. Upon termination of the temporary service, if the City equipment is returned without damage, the deposit will be refunded less the daily rental charge and water use charges.
Deposit, daily rental rates, and water use charges are shown in EXHIBIT “A,” WATER RATES. The customer must provide a hydrant wrench necessary to operate such hydrant.

SECTION 5. FIRE SERVICE

The City will provide water service for fire hydrants and other facilities used exclusively for firefighting at such pressure, and at such rates of flow, as may be available from time to time as a result of the operation of City’s supply, storage, transmission, and distribution facilities. The City does not warrant or guarantee any pressure or range of pressures, or rate of flow. The City shall not be liable for any damage in any manner arising out of the non-availability of water, or lack of water pressure, at any hydrant or facility used for firefighting.

A. The City’s cost of materials and installation, including usual overhead charges, for connections to the City’s water distribution system for privately owned hydrants, sprinkler systems or similar outlets used exclusively for firefighting, shall be deposited with the City by the customer when requesting the service, unless the customer chooses to install such service per City’s specifications.

B. The connection from the City’s main to the property line of the parcel served shall be designed, owned and maintained by the City, and constructed at the owner’s expense. All mains shall be tapped by the City at a charge shown in EXHIBIT “A,” WATER RATES.

C. Fire service connections may be constructed utilizing a separate connection to the City main for fire service and a separate connection for domestic service. As a more economical alternative, a single service connection between the main and the property line may be installed and sized to include capacity for fire service and domestic service.

D. A fire service creates a potential for cross-connection with the City’s distribution system. An approved backflow prevention device must be installed at the applicant’s expense in accordance with SECTION 11, CONTROL OF BACKFLOW AND CROSS CONNECTIONS. The backflow prevention valve, including the enclosure and facilities leading therefrom shall be installed, owned, operated and maintained by the customer.

E. Each combined domestic and fire service line shall include a detector check meter assembly satisfactory to the City. The detector check meter will be owned and maintained by the City. All such equipment shall be installed in a manner protecting the equipment from freezing and physical damage. 11.04 (Section 4.01 Continued – 5.02)

F. The City reserves the right to disconnect a privately-owned fire protection system, or to require a meter service to be installed in lieu thereof, in the event water is taken through the detector check assembly for any use other than firefighting.

A. The City will size the fire service connection based on currently available pressure in the City main. If a single service connection is used for both fire and domestic use, the line shall be sized to include both uses. A capacity for domestic use of no less than five (5) gallons per minute (g.p.m.) per Service Unit shall be added to the fire demand in order to size the service. If the fire service is not combined with the domestic service, the line shall be sized based on available pressure in the City system.

B. The applicant must provide the City with an approved plan showing:

The required flow demand in g.p.m. and pipe sizes of the system. 2. Type of system (wet or dry). 3. Proposed backflow prevention device (make and model). 4. Piping location to include backflow device, water meter, detector check meter, and provisions for freezing and physical damage protection. 5. Plumbing fixtures to be installed inside and outside of the structure to include hose bibs and outside irrigation systems.

Commercial structures may require special considerations not covered in this Ordinance. The City reserves the right to evaluate the fire service requirements on a case-by-case basis.

SECTION 6. METERS

All services from the City water system(s) shall be metered. It is City policy to meter each individual customer served and each individual parcel or property served. D due to existing piping arrangements, this may not always be feasible. The City may elect to meter a group of customers, or parcels, or properties, at the sole discretion of the City. On clusters of apartment units and multiple residential units, the number of meters shall be at the discretion of the City. Multiple residential units constructed after the effective date of this Ordinance shall be individually metered.

A. Location

The City meters will be located immediately adjacent to or within the customer’s property on a principal boundary of the property abutting a right of way satisfactory to the City. Exceptions to this requirement may be specifically authorized under such circumstances as the City may consider appropriate.

11.04 (Section 5.02 Continued – 6.01)

B. Sealing

All meters will be sealed by the City at the time of installation, and no seal shall be altered or broken except by employees or authorized agents of the City.

C. Change in Location of Meters

Meters moved for the convenience of the customer will be relocated at the customer’s expense. Meters moved to protect the City’s property will be moved at City expense.

D. Size of Meters

Meters shall be sized by the City in accordance with the current edition of the Uniform Plumbing Code (UPC). Meter sizing shall be determined by a fixture unit count utilizing fixture unit values contained in the UPC, any additional customer requirements requested at the time of application for service, and any other factors which, in the opinion of the City, may affect the demand for water and the size of the meter.

E. Re-evaluation of Meter Size

Requested by Customer

A customer may request a change in meter size based on changed conditions at the place of service or when historical use indicates a change is warranted. Costs for changes in meter size, including installation costs on a time and materials basis, and additional connection charges, shall be the responsibility of the customer requesting the change. In the case where a meter is downsized, no additional cost for the meter shall be incurred by the customer and no credit shall be given by the City.\

City Initiated

The City may require a change in meter size when the historical usage indicates the meter is operating above or below the meter’s rated design capacity. The customer shall be given written notice in advance of the change. The cost of a change in meter size shall be as stated above.

A. Measurement of Water Supplied

All water supplied by the City will be measured by means of water meters, sized, owned, and maintained by the City. Gallons will be the unit of measure, and the amounts charged for service shall be based on the current rates established by the City. The City may change the unit of measure if a new method is determined to be more accurate and/or more cost effective.

B. Frequency of Meter Reading

Meters will be read, as practical, on a monthly basis. Additional readings will be made on commencement and termination of service, and as required by special circumstances. The fact that a meter is not read shall not preclude computation of a bill. The City may change the frequency of meter reading if a new frequency is determined to be more cost effective.

11.04 (Section 6.01 Continued – 6.02)

C. Meters That Cannot Be Read Due To An Obstruction

Where a meter cannot be read because of an obstruction, the customer will be notified and shall be required to remove the obstruction. If an obstruction is not removed within thirty (30) days of notification, service may be terminated.

D. Testing Meters

The City will test the accuracy of its meters upon the request of a customer. A deposit will be required prior to the meter being tested. If a meter is found to be working improperly, it will be repaired or replaced by the City and the cost of the test will be refunded. If it is determined that the meter is registering more than 2% over actual quantities passing through it, the cost of said test deposited by the customer shall be refunded.

Adjustment for Meter Errors – Fast Meters

If a meter tested at the request of a customer is found to be more than two percent (2%) fast, the excess charges for the time service was rendered to the customer requesting the test, or for a period of six months, whichever shall be the lesser, shall be refunded to the customer.

Adjustment for Meter Errors – Slow Meters

If a meter tested at the request of a customer is found to be more than ten percent (10%) percent slow in the case of domestic services, or more than five (5%) percent slow for other than domestic services, the City may bill the customer for the amount of the undercharge based on corrected meter readings for the period, not exceeding six months, that the meter was in use.

Non-Registering Meters

If a meter is found to be not registering, the charges for service shall be at the minimum monthly rate, or based on the estimated consumption. Such estimates shall be made from previous consumption for a comparable period or by such other method as is determined by the City.

Cost of Testing Meters

A charge will be made in accordance with EXHIBIT “A,” WATER RATES.

SECTION 7. BILLING

Payment for water service is due monthly in advance of the service being rendered with overage charges to be billed in arrears. Bills will be mailed at the beginning of each billing period to the address furnished to the City. The customer shall be responsible to keep the City advised of the address to which bills are to be mailed. Non-receipt of a bill shall not relieve a customer of any payment obligation to the City. Charges will be in accordance with EXHIBIT “A,” WATER RATES.

11.04 (Section 6.02 Continued – 7.01)

A. Metered Services

Where a service unit is individually metered, consumption will be calculated by subtracting allowable water use in gallons during the meter read cycle from the metered consumption. The amount of bill shall be the monthly minimum rate for eh meter size (Base Charge) plus a charge for water used over the allowed usage for the meter size (Overage Charge).

B. Non-Metered Services Method of Billing

Charges for non-metered services will be billed based on the monthly flat rate in accordance with EXHIBIT “A,” WATER RATES. It is the intent of the City to meter all services within 18 months after adoption of the Ordinance.

C. Commencement of Billing

Charges shall start from the date the water meter is installed and water is available to the customer, with the first billing being rendered on or about the first day of the next billing period following the meter installation. On a service without a water meter, the date the service is connected to the main, and the water is available to the customer shall be substituted for the date of the water meter installation for the purposes of billing.

D. Billing Period

The billing period shall be monthly. The City shall attempt to read each meter at the same time of each month, such that each meter reading period will be as close to one month as practical.

E. Customer To Be Billed

The City will bill each individual customer consistent with the concept of metering each individual customer, individual parcel, or individual property. If conditions indicate another form of billing is in the best interest of both the City and the customer, another method of billing may be initiated. The determination of how to bill the customer will be at the sole discretion of the City.

Bills shall be due and payable upon presentation. Payment shall be made to the City Office. Bills shall become past due after the 25th day of the month, and delinquent in sixty (60) days from the billing date, and may become a lien on the property (60) days after the billing date.

A. Delinquent Bills

In the event of delinquency in the payment of any rates, or charges, or installation charges thereof, or interest thereon, a penalty of 10% of the amount of each delinquency shall be added thereto, plus an additional penalty of one percent (1%) per month for non-payment of rates, charges, installation charges, and/or interest and penalties.

11.04 (Section 7.02 Continued – 7.03)

B. Returned Checks

A charge, as shown in EXHIBIT “A,” WATER RATES, shall be paid for each check tendered as payment to the City that is returned unpaid after negotiation by the City.

C. Estimated Bills

If a meter fails to register correctly, or cannot be read, the City shall estimate the quantity of water delivered taking into consideration seasonal water demand previous usage history and any other factors in arriving at a fair charge.

D. Disputed Bills

Any request for investigation of a disputed bill must be made in writing to the City, who shall perform such investigative work as deemed necessary and respond to the customer within fourteen days. The response shall contain information obtained by the investigation and the decision of the city staff.
Appeal of the staff’s decision may be made as indicated in SECTION 15, APPEALS.

E. Responsibility for Payment

All charges for water service shall be billed to the owner of the property making application for service.
Upon written request of the owner, and approval by the City, charges for water service shall be billed to the person occupying the property provided, however, that in the event of delinquency, such charges shall be billed to the property owner and remain with the property. Should charges remain delinquent, the City shall place a lien on the property as indicated in SECTION 7.03 F, LIEN OF PROPERTY.

F. Lien of Property

Each water service bill and/or charge levied by, or pursuant to this Ordinance and the rules and regulations thereunder on any property within the City, is hereby made a lien upon such property, and any measures authorized by law may be taken by the City to enforce payment of such lien.

SECTION 8. DISCONNECTION, TERMINATION, AND ABANDONMENT OF SERVICE

The City reserves the right to disconnect any connection to the water distribution system and to discontinue water service for any of the following reasons:

A. The customer fails to comply with any of the City’s water Ordinances, rules or regulations. B. The service is being furnished without a proper application or under a false or fraudulent application C. There is evidence of unlawful tampering or interference with the City’s facilities or another customer’s facilities (i.e. illegal tapping) by the customer. D. The City or a State or County public health officer finds that there exists a condition hazardous to the health and safety of the customer or any water user of the City. 11.04 (Section 7.03 Continued – 8.01)

E. The customer fails, after notice from the City, to remove an obstruction that prevents the reading of the meter. F. The customer fails to maintain the facilities in a suitable condition that allows for the reading of the meter. G. The customer does not meet the requirements of the City’s Water Conservation provisions in this Ordinance or uses water in a wasteful manner. H. The customer does not pay for any rate or charge of the City within sixty (60) days after mailing or presentation, provided that written notice of intent to disconnect and discontinue serve is delivered to the property served and/or mailed to the customer’s billing address at least fourteen (14) days prior thereto. I. When water uses are found that pose a clear and immediate hazard to the potable water supply and these hazards cannot be immediately abated, the shutoff procedures shall be initiated. If, in the opinion of the City, the threat to public health is immediate, service shall be disconnected and the customer notified after the fact. Conditions requiring water shutoff shall include, but not be limited to the following:

1. Refusal to test backflow preventer.
2. Refusal to repair faulty backflow preventer.
3. Refusal to replace faulty backflow preventer.
4. Direct or indirect connection between a potable water system and a sewer line.
5. Direct or indirect connection between a potable water system and a system or equipment containing toxic chemicals or sewage.
6. Unprotected direct or indirect connection between potable water systems and auxiliary water systems.
7. Unprotected direct connection between potable water system and non-potable or non-pressure system.
8. Refusal to correct violations.

In the event of an emergency, as determined by the City, the City will, upon request, turn off or turn on the customer’s service. During or after regular working hours, a fee shall be charged, as shown in EXHIBIT “A,” WATER RATES. If the actual cost to the City is greater than the fee shown in EXHIBIT “A,” WATER RATES, due to accessibility of the meter, or any other reason beyond the control of the City, the actual cost of the services provided shall be billed to the customer on a time and material basis. A temporary turn off shall not exempt the property from paying the minimum monthly charge for water service.

Water service may be terminated on any regular business day by making application at the City Office at least two (2) days prior to the date service is to be discontinued. At the signed request of the customer, the meter will be shut off and no minimum charge will be paid by the customer. If service is provided to a person other than the property owner, the property owner may request shutoff, provided written approval is first obtained from the customer and provided to the City prior to shutoff. Prior to the resumption of service a reconnection fee as shown in EXHIBIT “A,” WATER RATES, shall be paid to reestablish service. The cost of time and materials to shut off and reactivate the meter will be added to the reconnection charge when the service is reconnected. 11.04 (Section 8.01 Continued – 8.03)

Whenever a service line is abandoned, the owner of the property previously served by the service line shall pay the City’s time and material costs for disconnecting the service line from the City’s main, and removing the City’s facilities appurtenant to the service line. Reconnection shall be in accordance with SECTION 8.03, TERMINATION/RECONNECTION OF SERVICES BY CUSTOMER REQUEST.

If the water is turned off for non-payment, or attempted to be tuned off, a charge for turn off as shown in EXHIBIT “A,” WATER RATES will be added to the amount due. In order to have service restored, all charges including the turn off and turn on charges, must be paid in full by cash, cashiers check or money order. In the event such charges are not paid within thirty (30) days of discontinuance of water service, the City may remove the water meter. In this instance the reconnection of service shall require reinstallation of the water meter and payment of reconnection fee as shown in EXHIBIT “A,” WATER RATES. Additional charges on a time and material basis for City labor, equipment, and material costs will also be assessed as applicable, for both removal and reinstallation of the meter if such action is necessary.

When it becomes necessary to shut off a user’s water due to health hazard, the following steps shall be followed:

A. A reasonable effort should be made to advise consumer of intent to institute water shutoff. B. The Sierra County Health Department shall be advised of pending water shutoff. C. Water supply will remain inactive until correction of violations has been inspected and approved by the City and/or the Sierra County Health Department.

Where the City has reason to believe that excess water is being used in violation of City Ordinances, rules or regulations, or that an emergency situation exists, the City shall attempt to contact a responsible party during normal business hours. If contact cannot be made, water service may be discontinued on an emergency basis and the customer notified by mail.

SECTION 9. MATERIAL AND MANNER OF CONSTRUCTION

A. The size, alignment, materials of construction of a water service, and the methods to be used in excavating, placing the pipe, connection to the public water system, joining, testing, and backfilling the trench shall conform to the requirements of this section and the Uniform Plumbing Code. The size and any appurtenances, including backflow prevention devices, of a service lateral for use other than by a single residential dwelling, shall be subject to review and approval by the City.

11.04 (Section 8.04 – 9.01)

B. Where a service has been provided to the property line, that service shall be used. If the owner, for his convenience, desires service at a location other than that provided, upon approval of the City, a new service may be installed. All costs shall be borne by the property owner.

A. Pipe size to be minimum of ¾”. B. Pipe materials shall be capable of withstanding a minimum pressure of 150 psi or the existing water pressure whichever is greater, including an allowance for surge. Approved types of pipes for installation within the City are: Schedule 40 galvanized steel pipe, Schedule 40 PVC pipe, polyethylene tubing heavy density #3408, 200 psi rating minimum, or Type K copper soft annealed tubing. All piping materials used must be approved by AWWA and/or NSF for use in water systems and be appropriately marked. C. The City will provide and install, at the property owner’s expense, the water meter and box. It is the responsibility of the property owner to install a gate valve as close to the meter box as practical to act as the customer’s shutoff valve, and to connect to the service from the meter to the structure. D. The water meter box location shall remain accessible to the City and shall not be covered in any way. E. The installation of the water service line shall be in conformance with the Uniform Plumbing Code (UPC). When copper service lines are installed, an insulating bushing (dielectric union) must be installed at the meter box to assure discontinuity between lines of different metal types. F. The line shall be bedded on a firm trench bottom of fine granular material passing the ¾” sieve.
Bedding and back fill should have a minimum thickness of 4” and 6”, respectively. G. The line shall be left exposed and shall be leakproof under static line pressure when inspected by the City. H. The minimum required depth of the water service on private property is twenty-four (24”) inches. I. Sewer and water lines may be placed in the same trench only when both of the following requirements are met: 1. The bottom of the water pipe, at all points, shall be at least twelve (12”) inches (33.3mm) above the top of the sewer line. 2. The water pipe shall be placed on a solid shelf excavated at one side of the common trench, and shall be located a minimum distance of twelve (12”) inches (33.3mm) above and horizontally from the sewer line.

SECTION 10. CONTROL OF BACKFLOW AND CROSS CONNECTIONS

No water service connection to any property shall be installed or maintained by the City unless the public water supply is protected as a required by State regulations and the requirements stated herein.
11.04 (Section 9.01 Continued – 10.01)

This regulation supplements and does not supersede local plumbing regulations, codes or Ordinances, or State Department of Health Services Regulations relating to water supplies.

The purposes of this section include the following:

A. To protect the public potable water supply of the City from the possibility of contamination or pollution by isolating within the customer’s internal distribution system(s) or the customer’s private water system(s) such contaminants or pollutants which could backflow into the public water system. B. To promote the elimination or control of existing cross-connections, actual or potential, between the customer’s in-plant potable water system(s) and non-potable water system(s), plumbing fixtures and industrial piping system. C. To provide for the maintenance of a continuing program of cross-connection control, which will systematically and effectively prevent the contamination or pollution of the City’s potable water system.

The City shall be responsible for the protection of the public potable water supply and distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgement of said City, an approved backflow prevention assembly is required on the customer’s water service connection for the safety of the water system, the City shall give notice in writing to said customer to install such an approved backflow prevention assembly. City shall not be responsible for any loss or damage directly or indirectly resulting from or caused by the proper, improper, or negligent installation, operation, use, repair or maintenance of, or interfering with, any protective device by any customer or any other person.

It shall be the responsibility of each customer at their own expense to furnish, install, and keep in good working order and safe condition, any and all protective devices. Once notified of the need to install a backflow prevention assembly, the customer shall immediately install such approved assembly at the customer’s own expense; and failure, refusal or inability on the part of the customer to install, have tested and maintain said assembly shall constitute grounds for discontinuing water service to the property until such requirements have been satisfactorily met. The customer shall maintain an adequate heat source within the backflow prevention assembly housing in order to prevent cold weather from affecting the operation of the assembly.

A. Water System

1. The water system shall be considered as made up of two parts; the utility system and the customer system. 11.04 (Section 10.01 Continued – 10.05)

2. The Utility system shall consist of the source, storage, and distribution system; and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customer’s system begins.

3. The customer’s system shall include those parts of the facilities beyond the termination of the utility system, which are utilized in conveying utility-delivered domestic water to point of use. In the absence of any other contractual relationship, the customer’s system begins at the outlet of City’s meter. B. Policy

4. No water service connection to any property shall be installed or maintained by the City unless the water is protected as required by State laws and regulations and the City’s Ordinances, rules, and regulations. Service of water to any property shall be discontinued by the City if a backflow prevention assembly required by this Ordinance is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, by-passed, or if an unprotected cross-connection exists on the property. Service will not be restored until such conditions or defects are corrected.

5. The customer’s system shall be open for inspection at all reasonable times to authorized representatives of the City and County Health departments to determine whether cross- connections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the City shall deny or immediately discontinue service to the property by providing for a physical break in the service line until the customer has corrected the condition in conformance with State, County and City regulations relating to plumbing and water service.

6. An approved backflow prevention assembly 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 wherever the following conditions exist: a. In the case of properties 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 City, the public water system shall be protected against backflow from the properties by installing and approved backflow prevention assembly in the service line appropriate to the degree of hazard as approved by the City. b. In the case of properties on which any industrial fluids or any other hazardous substance that can pollute or contaminate the water distribution system is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the property by installation of an approved backflow prevention assembly in the service line appropriate to the degree of hazard as approved by the City. c. In the case of properties having either (1) known or demonstrated internal cross- connections(s) that cannot be permanently corrected or controlled, or (2) intricate plumbing and piping arrangements or where entry to all portions of the properties are not readily accessible for inspection purposes, thus making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the properties by installing an approved backflow prevention assembly in the service line as approved by the City.

7. The type of protective assembly required under subsections C, 1, 2 & 3, above, shall depend upon the degree of hazard which exists as follows: 11.04 (Section 10.05 Continued)

a. In the case of any properties where there is an auxiliary water supply as stated in subsection A. 1 of this section and it is not subject to any of the following rules, the public water system shall be protected by an air-gap separation or a reduced pressure principle backflow prevention assembly approved by the City. b. In the case of any property where there is water or other substances that could contaminate or pollute the potable water system, but which are not hazardous to health, the public water system shall be protected by a double check valve assembly approved by the City. c. In the case of any property 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 public water system, the public water system shall be protected by an air-gap separation or a reduced pressure principle backflow prevention assembly approved by the City. Examples of properties where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries or plating plants. d. In the case of any property where there are “uncontrolled” cross-connections, either actual or potential, the public water system shall be protected by an air-gap separation or a reduced pressure principle backflow prevention assembly at the service connection approved by the City. e. In the case of any properties where, because of the security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross- connection survey, the public water system shall be protected against backflow from the property by either an air-gap separation or a reduced pressure principle backflow prevention assembly on each service approved by the City. 5. Any backflow prevention assembly required herein shall be a model and size approved by the City. The term “backflow prevention assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association, and testing the certifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California.

The protection required to prevent backflow into the public water system shall be commensurate with the degree of hazard that exists on the customer’s property. The types of backflow prevention assemblies that may be required include:

Double Check Valve Assembly (DC)

Reduced Pressure Principle Assembly (RP)

Air Gap Separation (AG)

The City shall maintain a list of the minimum types of backflow protection required at specific facilities.
Those facilities or situations which are not listed shall be evaluated on a case by case basis and the appropriate type of protection shall be as determined by the City. The list will be available for public inspection at the office of the City during normal business hours.

Customers with services which require backflow protection assemblies shall purchase approved devices and pay all costs associated with installation of the appropriate size and type of device. Existing facilities 11.04 (Section 10.05 Continued – 10.07)

determined to need backflow protection will be retrofitted with the appropriate device by the customer and at the customer’s expense. All new installations shall be completed and tested prior to obtaining a certificate of occupancy.

A. Air-Gap Separation (AG)

1. An air-gap separation shall be located on the water customer’s side of, and as close to, the service connection as is practicable.
2. All piping from the service connection to the receiving tank shall be above grade and visible unless otherwise approved by the City.
3. There must be no outlet, tee, tap, take-off or connection of any sort, to or from the supply pipeline, between the service connection and the air-gap separation.

B. Reduced Pressure Principle Assembly (RP) and Double Check Valve Assembly (DC)

1. RP devices to be installed above ground on the water customer’s side of, and as close to, the service connection as is practicable, unless otherwise approved by the City.
2. RP to be installed a minimum of twelve inches (12”) above finished grade and not more than thirty-six (36”) above finished grade as measured from the bottom of the assembly, and shall be readily accessible for maintenance and testing.
3. There shall be no outlet, tee, tap, take-off or connection of any sort, to or from the supply pipeline, between the service connection and the backflow prevention assembly.
4. RP devices shall be housed in a heated structure such that it will be kept from freezing and with adequate drainage. If a separate housing is not practicable, the device must be installed within the structure being served, in such a manner that it is readily accessible for inspection and testing. Care should be taken to place the device in an area which will not be adversely affected when the RP relief port opens during a backflow condition. It is the customer’s responsibility to provide drainage capable of removing maximum flow discharged through the device according to manufacturer’s specifications. In all cases the location of the device must be approved by the City.
5. RP shall be installed such that no part of the assembly will be submerged during normal operating and weather conditions.
6. DC assemblies may be installed below ground in an approved vault, however the vault shall be provided with a water-tight bottom and sump to allow pumping of groundwater prior to testing.

The City requires that each backflow prevention assembly be tested annually to demonstrate proper operation. In instances where a hazard is deemed great enough, testing may be required at more frequent intervals. The customer shall bear all costs of device testing. The cost of any maintenance required as a result of inspections or testing is the responsibility of the customer. Maintenance work shall be performed by the owner or the owner’s representative. Records of inspections, testing or repairs shall be kept by the City and made available to the California Department of Health Services. The City will notify the customer when tests are required and supply the necessary test forms and instructions. These forms will be completed by the certified backflow prevention tester and returned to the City by the date indicated. Testers shall be certified by the AWWA, California-Nevada Section. Test procedures shall be those recommended by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California.

11.04 (Section 10.07 Continued – 10.08)

If, following an inspection and/or testing a device is found to be in non-compliance, the customer shall be notified and given fourteen (14) days to correct the deficiency after which time the inspection will be repeated. The City shall cause discontinuance of water service if a backflow prevention device has failed to be tested properly or has not been properly maintained or installed as required by the City.
Notification of intent to terminate water service shall be commensurate with the hazard to public health and may be delivered to the tenant, owner, or both as the situation requires.

The City shall charge an annual fee for the record keeping and notification requirements. Charges are as set forth in EXHIBIT “A,” WATER RATES.

SECTION 11. EXTENSION OF FACILITIES

Facilities to extend the City’s water distribution system, including without limitation water mains, storage reservoirs, pumps and appurtenances, (collectively referred to herein as “extension facilities”) may be constructed to serve lands where the City water system is not adequate in a public right of way abutting said lands.

The extension facilities necessary to serve any parcel of land shall be determined solely by the City. Said facilities may be designed by the City or a qualified agent of the applicant, and will be installed in accordance with plans and specifications acceptable to the City. Upon completion, inspection and acceptance of said facilities by the City, they shall be owned and operated by the City as part of the City water system.

Extension facilities shall be located only on land owned by the City in fee, or in a public street or highway, or in an easement granted to the City and satisfactory to the City. The applicant will cause to be conveyed or granted to the City, without cost to the City, such lands and/or easements as the City determines to be necessary for the extension facilities. Lands shall be conveyed to the City in simple, free and clear of liens or encumbrances, except for such encumbrances of record that may be acceptable to the City. Easements shall be granted in such form as shall be satisfactory to the City.

The applicant shall install extension facilities utilizing a competent and experienced contractor, licensed in California for construction of such facilities, and approved by the City. The City reserves the right to construct, with its own personnel or by contract, all extension facilities including but not limited to storage facilities, pumping plants, taps of existing mains, and extensions involving complicated connections to, or interference with, the City’s existing facilities. 11.04 (Section 10.09 – 11.04)

The applicant for service shall pay all City costs associated with the design and installation of those extension facilities. The City’s actual costs shall be determined by the City and shall include labor, materials, equipment, engineering, inspection, and overhead expenses applicable to such work.

The applicant shall deposit with the City a sum equal to 125% of the estimated total cost of the construction of the extension facilities prior to final design and construction. If, upon completion of work, the amount paid to or deposited with the City is less than said actual costs, the difference shall be paid to the City by the applicant prior to the commencement of service. Any amount paid or deposited in excess of said actual cost will be credited toward usage or refunded upon application.

The following costs of extension facilities (excluding costs of acquisition of lands and easements, and cost of temporary facilities), shall be subject to reimbursement by the City as herein provided:

A. The portion of the capital cost of storage, back up, and pumping facilities, allocated on a proportionate use basis, to any capacity of said facilities greater than necessary to meet ultimate requirements of the applicant’s property. B. The cost of all water mains not abutting the applicant’s land which are of larger diameter than necessary to serve only the Applicant’s land, less the City’s estimate of the cost of mains in the same location of the diameter necessary to serve the ultimate requirements of the applicant’s land. C. Unless otherwise agreed by the City and the applicant, reimbursement will be made by the City to the applicant in equal annual payments over 5 years, without interest. The first payment from City will be due 90 days after completion and acceptance by the city of the improvements.

Whenever the City determines that an environmental impact report is necessary, the City will provide the applicant with an estimate of the cost. The applicant shall deposit 125% of the estimated amount with the City. The City’s actual costs, including overhead expenses, of preparing said report and conducting hearings as necessary will be determined by the City, and the applicant will pay any excess thereof over the amount deposited. If the deposit exceeds said costs, the difference will be refunded to the applicant.

SECTION 12. DROUGHT CONDITIONS

Conditions of drought are not uncommon in the area served. The City, by action of the City Council, may declare drought conditions.

11.04 (Section 11.05 – 12.01)

In the event of declared drought conditions, the City will take such actions as necessary to ensure the available City water supply is utilized for the benefit of the greatest number of City customers. The City may enact day-of-use limitations, water-rationing, time of use limitation, schedules, or such other measures as deemed necessary to insure continued water availability.

It will be the express responsibility of the customer to carefully observe all rules, regulations and prohibitions set by the City in the event of declared drought conditions. The unavailability of water or prohibition of water use at certain times shall not relieve the customer of paying the fees set by the City as shown in EXHIBIT “A,” WATER REATES.

SECTION 13. VIOLATIONS

A. In the event of a violation of any of the laws of the State of California applicable to water service or publicly owned and operated water systems and facilities, or the Ordinances, rules and regulations of the City appurtenant thereto, the City shall notify the person or persons causing, allowing or committing such violation, in writing, specifying the violation. B. Upon the failure of such person to cease or prevent further violation, within five (5) days after the deposit of such mail in the United States mail the City shall exercise its authority to disconnect the property from the system. However, in the event such violation results in a public hazard, the City may enter upon the property without notice and perform such work, and expend such sums, as may be deemed necessary to abate such hazard, and the reasonable value of the work done and materials provided, and the amounts so expended thereon shall be a charge to the property in violation.

In the event a property owner shall refuse to allow the City access to the property for the purpose of furnishing, installing or inspecting water conservation or backflow prevention devices pursuant to these requirements, or to correct a public health hazard, the City shall then give the property owner written notice that the property is not in compliance with the requirements. If the property owner continues to refuse access for a period of fourteen (14) days from the date of such written notice, the property shall then be deemed in violation and the property owner thereof subject to penalty, as set forth in this Ordinance.

A. Non-compliance with this Ordinance or a violation of the City rules and regulations of the requirements set forth herein, is declared unlawful and a misdemeanor, and shall be punishable by a fine not exceeding $500.00. B. Every day a violation of this Ordinance continues shall constitute a separate offense. 11.04 (Section 12.02 – 13.03)

C. Any property which is in violation of the requirements of this Chapter shall be subject to disconnection from all services provided by City upon five (5) days prior written notice to the owner thereof.

A. Unlawful Acts

The City will prosecute violations of Section 499, 624, and 625 of the Penal Code of California which make it a misdemeanor to tamper with, or bypass, water meters, to take water without payment, or to damage or to obstruct the City’s facilities.

B. Drawing Water From Fire Hydrants

No person, other than authorized City personnel, shall open, or draw water from, any fire hydrant connected to the City’s distribution system without prior specific authorization of the City.

C. Damage to City’s Facilities

The customer, by applying for water service from the City, covenants and agrees that, in addition to any right or remedy available to the City by law, the customer will pay to the City its cost for repairing or replacing any of its facilities damaged as a result of construction or other work done on the customer’s property. The water consumer shall be held liable for any damage to the meter due to his negligence or carelessness.

SECTION 14. APPEALS

The many variables applicable to the provision of water service requires that appeals be accepted by the City.

Appeals from any requirement of this Ordinance and the City’s rules and regulations pertaining to water service shall be directed to the City Council in writing. The City staff shall perform such investigative work as deemed necessary and provide staff recommendations to the Council. A copy of the staff report will be provided to the applicant prior to the Council meeting at which the appeal will be heard.

Pending decisions upon appeal relative to the amount of charges made hereunder, the person making such appeal shall pay such charges. After the appeal is heard the City Council may order refunded to the person making the appeal such amount, if any, as the City Council shall determine should be refunded.

11.04 (Section 13.03 Continued – 14.03)

SECTION 15. SEVERABILITY

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of the Ordinance or any part thereof is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the is Ordinance or any part thereof. The Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

SECTION 16. EFFECTIVE DATE OF ORDINANCE, AND REVOCATION OF PRIOR WATER ORDINANCES INCONSISTENT HEREWITH

This Ordinance shall become effective thirty (30) days from date of adoption. To the extent any of the existing and prior Ordinances of the City applicable to its water systems, works, and facilities are inconsistent herewith, all such prior water Ordinances or portion thereof shall be and the same shall be deemed revoked upon this Ordinance becoming effective.