Madera Municipal Code Ch. 5 Water System

(A) All connections for water services installed in the City of Madera, including, but not limited to, residential, commercial, industrial, schools, or public and government entities, shall be equipped with water meters.

(B) Any new construction that requires water service shall install a new water meter and electronic transmitter according to the city’s specifications for each building or structure.

(C) All meters as required by this chapter shall be installed in the public right-of-way or public utility easement benefitting the city if right-of-way is not available. Said meter shall thereafter become the property of the city.

(D) The city shall not approve and/or authorize any permit, entitlement, allow a new water service connection, or new utility account utilizing a service connection that does not have a water meter as required by this chapter. The city shall not approve and/or authorize any permit or entitlement, where the existing meter does not meet current standards. The meter must be replaced or improved to meet the current standards at the property owner’s expense.

(E) The cost of installation of a water meter shall be paid by the property owner, except that 1) if a meter was previously installed by the property owner at property owner’s expense and later removed and replaced by the city at the city’s own undertaking, 2) if a meter was installed by the city as part of a one-time city-wide retrofit program to install meters at unmetered residential properties. The city may recover the cost of providing the purchase, installation, and operation of water meters from rates, fees, and charges.

(F) No more than one meter per dwelling unit shall be installed on any residentially zoned property, except where there are four or more residential units a separate meter for landscaping and common facilities may be installed.

(G) It is unlawful to cause, allow, or permit tampering with any water meter, valves, transmitters, or other meter appurtenances; or to obscure, bury, block access to, or otherwise hide a valve, valve box or water service feature. If, as a result of tampering, the meter or service is damaged, an additional fee for all the cost for staff to remedy the damage or disruption shall be charged and collected in addition to all other charges and penalties, payment of such charges and penalties shall be required before water is restored.

(Ord. 909 C.S., passed 12-18-13; Am. Ord. 921U C.S., passed 5-20-15; Am. Ord. 922 C.S., passed 6-3-15; Am. Ord. 936 C.S., passed 8-17-16)

Only the city may open or close any valve. It is unlawful to cause, allow, permit, or tamper with any valve or other devices in the city’s water system.

(Ord. 936 C.S., passed 8-17-16)

The rate for all public agencies and church schools within the city shall be established by minute order of the Council.

('61 Code, § 5-5.05) (Ord. 262 N.S, passed - - ; Am. Ord. 291 N.S., passed - - )

(A) Whenever a residential, commercial, or multi-unit service connection serves more than one water consumer or user, the property owner may be the account holder for the service. All fees for the services shall be payable to the city prior to the delinquency date set forth in § 8-7.08. Such charges shall be due, payable and collectible in the same manner, at the same time, and to the same extent as sewer, refuse, drainage and street sweeping services are paid and collected and, when due and payable, shall constitute a debt owing and payable to the city. Nothing in this section prohibits a residential tenant from having an account in their own name consistent with applicable sections of the California Public Utilities Code.

(B) Before the commencement of any residential service to property occupied by persons other than the property owner, wherein the water service only serves one water customer on the premises the proposed account holder shall execute and deliver to the Director of Finance a written guarantee, in a form provided by the city, that the bill for services to such property or the occupants thereof will be paid. Nothing in this subsection prohibits a residential tenant from having an account in their own name pursuant to the California Public Utilities Code sections 10000 et seq. when there is a means of determining that the tenant's individual charge for such services.

(C) The charges referred to herein shall be delinquent as provided for in § 8-7.10 of this chapter. In the event water service is provided to property not occupied by the owner thereof, and the occupant is being billed and charged therefor, and payment for such service has been guaranteed by the property owner, the Director of Finance is authorized and directed to notify such owner of any delinquencies hereunder upon their occurrence.

(D) Before the commencement of any commercial service to property occupied by persons other than the property owner, wherein the water service only serves one water customer on the premises, the property owner shall execute and deliver to the Director of Finance a written guarantee, in a form provided by the city, that the bill for services to such property or the occupants thereof will be paid.

('61 Code, § 5-5.06) (Ord. 262 N.S., passed - - ; Am. Ord. 291 N.S., passed - - ; Am. Ord. 94 C.S., passed 7-5-66; Am. Ord. 662, passed 9-4-96; Am. Ord. 731 C.S., passed 5-16-01)

The city expressly disclaims responsibility or obligation to furnish water under normal pressure to buildings or structures three stories or more in height. It shall be the responsibility of the owner or tenant to provide adequate pressure systems or booster pumps therefor.

('61 Code, § 5-5.07) (Ord. 262 N.S., passed - - ; Am. Ord. 291 N.S., passed - - )

Public agencies, industries, and individuals located outside the city shall be charged a monthly water charge to be determined in each individual case bythe Council.

(‘61 Code, § 5-5.08) (Ord. 262 N.S., passed - - ; Am. Ord. 936 C.S., passed 8-17-16)

(A) Each air-conditioning equipment or system by which the accumulated or effluent heat from the air is wholly or partially removed by the use of water supplied by any pipes connected to the city's water system shall be equipped with such water-saving devices as evaporative condensers, cooling towers, spray ponds, or other water saving devices or water conserving devices, such as drain wells. All such equipment using water from the city's water system shall be equipped and have installed thereon a water pump of sufficient capacity to cause the reuse of all water by such air-conditioning equipment. The water used in such systems shall not be permitted to flow into the city's sewer system.

(B) Individuals wasting water due to damaged or faulty mechanical equipment may be given a five- day notice to make the necessary repairs. Failure to remedy a leak within the allotted time will result in the issuance of a water waste violation.

('61 Code, § 5-5.09) (Ord. 262 N.S., passed - - ; Am. Ord. 226 C.S., passed 8-14-74; Am. Ord. 539 C.S., passed 1-17-90)

Each consumer of water shall keep all connections, faucets, hydrants, pipes, outlets, and plumbing fixtures tight and free from leaking, dripping, or wasting water. Any property with water service from the city system that has an unidentified discharge of water shall be repaired so as to discontinue the uncontrolled discharge. Costs for identifying the location of the discharge and making repairs or modifications shall be the sole financial responsibility of the property owner.

(‘61 Code, § 5-5.10) (Ord. 262 N.S., passed - - ; Am. Ord. 936 C.S., passed 8-17-16)

No person shall use water through any hose, pipe, or other discharge for the purpose of watering gardens, trees, lawns, flowers, or plants or for other irrigation or agricultural purposes without the use of a restricting nozzle or sprinkling device or unless such use is manually controlled and attended.

(Ord. 262 N.S., passed - - ; Am. Ord. 539 C.S., passed 1-17-90)

No person shall allow water to run or waste from his or her property onto a city street to such an extent that water shall flow in the street gutter excessively beyond the frontage of the property occupied by such person; nor to flow excessively off of the occupied property into the street gutter; nor to continuously fall upon a public right-of-way or adjoining property such as to significantly contribute to the gutter flow; nor to excessively flow onto, or continuously fall upon, adjoining properties or an alley.

('61 Code, § 5-5.12) (Ord. 262 N.S., passed - - ; Am. Ord. 539 C.S., passed 1-17-90; Am. Ord. 563 C.S., passed 12-19-90)

(A) Drought levels. When the City Council by resolution determines that water supplies are limited and additional conservation measures are necessary to reduce water consumption, the Council may enact one of six drought water restriction levels A through F as set forth in this subsection, and restrictions under each section shall be enforced for such period of time as designated by the City Council or until lifted by them by separate resolution. The City Council at any time may prohibit all organized carwashes not conducted as part of a licensed car wash business, if it determines by resolution it is warranted to contribute to other enacted water restrictions intended to reduce water consumption.

Level A

When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by limited means, the following restrictions shall apply:

Outdoor application of water for irrigation and recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m.

Level B

When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by moderate means, the following restrictions shall apply:

Outdoor application of water for irrigation and recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday, Wednesday and Friday for parcels with even numbered street addresses, and Tuesday, Thursday and Saturday for parcels with odd numbered street addresses.

Level C

When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by moderate means, the following restrictions shall apply:

Outdoor application of water for irrigation, recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday and Wednesday for parcels with even numbered street addresses and Saturday and Tuesday for parcels with odd numbered street addresses.

Level D

When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by significant means, the following restrictions shall apply:

Outdoor application of water for irrigation and recreation uses shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday for parcels with even numbered street addresses and Saturday for parcels with odd numbered street addresses.

Level E

When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by aggressive means, the following restrictions shall apply:

Outdoor application of water for irrigation of plants shall be limited drip system designed to only irrigate trees and bushes to minimally maintain their viability. The application of water shall be restricted to the hours of 12:00 a.m. to 10:00 a.m. and 7:00 p.m. to 12:00 a.m., and restricted to usage on Sunday for parcels with even numbered street addresses and Saturday for parcels with odd numbered street addresses.

Level F

When the City Council by resolution determines it is warranted that additional water restrictions are necessary to reduce water consumption by extreme means, the following restrictions shall apply:

All outdoor application of water for irrigation of plants other than edible crops for personal consumption shall be eliminated.

(B) Exception. The city in enforcing the above provisions may use reasonable discretion in its interpretation in order to affect the water conservation purpose and reasonableness in application of the restrictions. Exception to these provisions may be granted by the Public Works Department when a written application for an exception is filed with the Public Works Department and the Department makes written determinations that compliance with these regulations in a particular circumstance causes a severe hardship that is unique and not common to other water customers, and would be significantly injurious to public health, safety, public economic welfare, or would by its implementation precludes the reasonable ability to enjoy the functionality of the premises. The burden of proof that enforcement of the provisions would cause severe hardships upon the applicants, and demonstration that a situation is unique and significantly injurious to the public interests is upon the applicant. Issues of convenience for economic efficiencies shall not constitute cause for exceptions hereunder. The Department in granting the exceptions may make such conditions as it deems necessary to maximize water conservation. Examples include but are not limited to; allowing a playfield to be watered on days when it is not normally used, preserving significant wildlife habitat, and accommodations for special public events, etc.

(C) Food for personal consumption. Watering of plants by drip irrigation that is grown as food for personal consumption (not for medicinal use) shall always be allowed to be watered on any day of the week except between the hours of 10:00 a.m. to 7:00 p.m. The legislative intent of this subsection is to allow for significant food production gardens for household that utilize them as a major element of their personal food supply. It is not intended to alter landscaping plantings to edible selections. For the purposes of this subsection the referenced plants grown for person consumption must be in a concentrated area intended exclusively for growing food rather than serving an ornamental purpose. Such concentrated areas shall not be located within a front yard or street side yard. Edible plants and fruit trees located in front yards, and other ornamental landscape areas are subject to standard water restriction and are given no relief under this subsection.

(D) Household gray water. Up to 100 gallons per household per parcel per day of reused domestic water from showers, washing, etc. "Gray water" may be reutilized for outdoor watering, subject to applicable health and safety regulations.

(E) Importation of water. Except as permitted elsewhere in this section, no water which is obtained from a source other than the city's municipal water system may be used for outdoor watering.

(F) Imported recycled and gray water. Recycled or "gray" water imported from outside of the city may be used for outside watering with no restrictions other than applicable health and safety regulation.

(G) Penalties for violation of restrictions. Violation of the provisions of this section shall be an infraction, and fines shall be imposed pursuant to § 1-9.06(B) of the Madera Municipal Code.

(‘61 Code, § 5-5.13) (Ord. 262 N.S., passed - - ; Am. Ord. 395 C.S., passed 6-14-82; Am. Ord. 408 C.S., passed 5-18-83; Am. Ord. 522 C.S., passed 5-31-89; Am. Ord. 539 C.S., passed 1-17-90; Am. Ord. 563 C.S., passed 12-19-90; Am. Ord. 566 C.S., passed 3-4-91; Am. Ord. 568 C.S., passed 7-3-91; Am. Ord. 574 C.S., passed 2-5-92; Am. Ord. 914 C.S., passed 1-7-15; Am. Ord. 921U C.S., passed 5-20-15; Am. Ord. 922 C.S., passed 6-3-15; Am. Ord. 923U C.S., passed 7-1-15; Am. Ord. 925 C.S., passed 7-15-15; Am. Ord. 944 C.S., passed 8-2-17)

(A) Outside use of water for purposes other than irrigation is allowable during any hour of the day and within the following guidelines: washing of house windows and vehicles is permissible if a water flow control device is attached to the end of the hose and water does not waste excessively onto the street or adjacent property; non-profit organizations may conduct car wash fund-raisers under the same guidelines; washing down of exterior walls of buildings is permissible only for cleaning purposes in preparation for painting, stucco, or other maintenance; portable wading pools are allowed with adult supervision and no waste of water; no continuous flow of water is permissible for recreational activity; businesses which sell ready-to-eat foods, drinks, or automotive fuels may use water for health and sanitary cleanup purposes only when mopping is inadequate; washdown of driveways, parking lots, walks, or paved areas at businesses or residences is prohibited during water restriction months; washdown of street pavement and gutters is prohibited year-around.

(B) If prior notice is given to the Public Works Department swimming pools may occasionally be emptied or a substantial portion drained for maintenance which cannot be accomplished when full of water. For the purposes of this section a substantial portion shall be considered anything more than 250 gallons of water. Emptying or draining a significant portion of a pool more than once between May 1 and September 30 will be a violation and subject to the same surcharges in effect for other water waste. Pools must be equipped with filtration systems in good working order.

(‘61 Code, § 5-5.14) (Ord. 262 N.S., passed - - ; Am. Ord. 522 C.S., passed 5-31-89; Am. Ord. 539 C.S., passed 1-17-90; Am. Ord. 936 C.S., passed 8-17-16)

Metered and flat rate fees for construction water shall be established by resolution. Water may be taken only from fire hydrants specifically designated by the Department of Public Works. Construction water must be utilized in a prudent manner and not allowed to be wasted. Removal of water from the city system for construction or other purposes without authorization shall be considered a violation of this section and is expressly declared to be a misdemeanor. No water shall be exported for use on a project outside of the city.

(‘61 Code, § 5-5.15) (Ord. 563, passed 12-19-90; Am. Ord. 936 C.S., passed 8-17-16)

Any person violating any provisions of this chapter is guilty of a violation as hereafter provided and subject to the penalties therefor as provided by law. Every person who willfully violates any provision of this chapter, or who verbally abuses, threatens, harasses, or in any manner interferes with city water patrol officers or any city employees investigating or enforcing city water regulations is guilty of a misdemeanor as set forth in § 1-2.01 of Chapter 2 of Title 1 of this code, any reference to infractions referred to therein being expressly declared inapplicable.

(‘61 Code, § 5-5.16) (Ord. 539 C.S., passed 1-17-90; Am. Ord. 563 C.S., passed 12-19-90; Am. Ord. 731 C.S., passed 5-16-01; Am. Ord. 863 C.S., passed 10-21-09; Am. Ord. 936 C.S., passed 8-17-16)