Manteca Municipal Code Ch. 13.04 Waterworks System

A. All water supplied by the city waterworks to its consumers shall be measured by means of a suitable water meter sized based on the peak demand of the new connection without the use of booster pumps and a cubic foot shall be the unit of measurement.

B. Prior to the connection of a new water meter, the applicant shall pay a water meter installation fee to be established by the city council by ordinance or resolution. The water meter installation fee shall not exceed the city's estimated reasonable costs of installing the water meter.

C. When water demands of an existing connection exceed the capacity of the water service line or meter in use, the city may require the installation of a larger service line and/or meter and consumer shall pay all upsizing fees (water capacity charges, water meter installation fees, etc.).

(Ord. O2025-02, 2/18/2025)

A. Except as otherwise provided in this section, persons applying for a new or expanded water service shall pay a water capacity fee in an amount established by ordinance or resolution of the city council in accordance with a nexus study that demonstrates that the fees do not exceed the estimated reasonable costs of providing the services and/or facilities for which the fees are imposed. Unless otherwise required by law, said fee shall be collected at the time an application for installation of a new or expanded water service meter is filed with the city.

B. Purpose. The purpose of the water capacity fee is to fund a proportionate share of the costs of existing and future water system facilities and assets that are reasonably necessary to provide water capacity for new development. For the purposes of this section, "new development" means all new building construction, conversion to a new use, or additional use within an existing building that creates a need for additional water capacity. The purposes of the water capacity fee include the purposes of the former surface water debt service fee and the former surface water capital fee.

C. Determination of Required Fees.

1. The public works director or the director's designee shall be responsible for determining the fees required by this section. This determination shall be made at the time of application for new or increased water service.

2. If new development changes or intensifies the existing use on the project site, thereby requiring the payment of a new or additional water capacity fee, the then current fee amount associated with the existing use on the project site shall be credited against the new total fee due, as determined by the public works director; provided, however, that in no event shall the city refund the fees previously paid.

3. All fees shall be modified automatically on an annual basis, each July 1, in accordance with the change in the Twenty-City U.S. Average Engineering News Record Official July Construction Costs Index. This adjustment shall not require any action of the city council.

D. Water Capacity Fee Fund. The revenues from the water capacity fee shall be deposited in a segregated water capacity fee fund for the purpose of funding public facilities reasonably necessary to provide water capacity service to new or expanded connections to the city's water system.

E. Fee Adjustments.

1. Any person subject to the water capacity fee may apply to the public works director or the director's designee, for a reduction, adjustment or waiver of that fee based upon the applicant's contention that: (1) the amount of the fee is not reasonably related to the costs of providing water capacity to the new or expanded water connection; (2) the fee is not roughly proportionate to the water connection's impacts on the city's water system; or (3) the fee requires the person to pay more than is necessary to address the impacts of the new or expanded water connection on the city's water system.

2. Application. An applicant shall file a written request to adjust fees with the public works director not later than ten days after the city notifies the applicant of the amount of the fee to be charged. Additional time, as determined by the public works director, will be allowed when significant additional information is required of the applicant. The application shall provide evidence illustrating that the payment of the fee authorized by this chapter and imposed by implementing resolution bears no reasonable relationship and/or is not roughly proportionate to the impacts of the connection on the city's water system and shall state in detail the factual basis for the request for reduction, adjustment or waiver. If an applicant desires to receive a water connection prior to the city's issuance of a final determination on the adjustment application, the applicant shall deposit the fee with the application. Such fee or portion thereof will be refunded if the application is successful.

3. Decision of the Public Works Director. The public works director shall issue a decision on the application within thirty days after the application is filed. The public works director shall consider evidence from the applicant, from other city departments imposing the fee or charge, and from other persons who may have personal knowledge of relevant information concerning the fee or charge. The director's decision shall state his or her determination regarding the amount of the water capacity fee that may reasonably be imposed on the new development and include a brief description of the basis for the decision. The decision of the public works director is final.

F. Exemptions. The following water connection types shall be exempt from paying the water capacity fee:

1. Accessory dwelling units.

2. Interim Residential New Connections. Residential dwelling units existing and lawfully occupied as of March 1, 2024, within the city limits, utilizing a well system, that have never been connected to the city's water system.

However, interim residential new connections shall pay a fee to cover the city's administrative costs of processing the connection, to be established by the city council by ordinance or resolution.

(Ord. O2025-02, 2/18/2025[1])

[1]

Editor's Note: Ord. O2025-02 additionally repealed Res. R1993-227; Res. R1997-6; Res. R1997-61; and Ord. O2024-20.

A. All meters shall be installed by the city. Such meters wherever practicable shall be placed in suitable meter-boxes located in the sidewalk adjacent to the curb line. When it is practicable to place meters in the sidewalk, the meters shall be installed in some convenient place approved by the city upon the consumer's premises, and so placed as to be at all times accessible for inspection, reading and testing.

B. The consumer shall not make or maintain any by-pass or other connection between the meter and the city's main and shall not tamper with the meter or disturb it in any way.

(Prior code § 22-3)

Each separate property ownership shall be served with an individual meter and service line.

(Prior code § 22-4)

Only duly authorized employees of the city shall connect the consumer's service to or disconnect the same from the city's water mains.

(Prior code § 22-5)

It is unlawful and a misdemeanor for any person, firm, company, corporation or any other business entity to violate the provisions of Section 13.04.030, 13.04.040, 13.04.050, or 13.04.150 of this code.

(Ord. 1057 § 1, 1997; Ord. O2018-21 § 1)

The city council shall set the monthly rates for water service charges by ordinance or resolution. The failure to pay any charge shall constitute a violation of this chapter.

(Ord. O2025-07, 4/15/2025[1])

[1]

Editor's Note: Ord. O2025-07 additionally repealed Res. R1997-6; Res. R1997-61; Res. R2011-220 and Ord. No. 1409.

A. All persons making application for new service, or making application for a change of service site who have not maintained a satisfactory collection record with the city, shall make a deposit at the time of making the application. The amount of the deposit for utility services shall be one hundred dollars.

B. All persons who have a delinquent account(s) at the point of being disconnected shall be required to make a deposit of one hundred dollars if there is not a current deposit available on the delinquent account.

C. Upon satisfactory collection of a subscriber's utility bill for a consecutive twelve-month period, the deposit paid under this section shall be applied to the current balance of the account.

D. "Satisfactory collection" as used in this section means a payment record reflecting no more than two delinquent notices within a consecutive twelve-month period.

(Prior code § 22-7; Ord. 816 § 1, 1989; Ord. 1156 § 1, 2000)

A. The city shall have a written policy on discontinuation of residential water service due to nonpayment of water charges. The written policy shall be available in English, the languages listed in Civil Code Section 1632, and any other language spoken by at least ten percent of Manteca residents. The written policy shall be posted on the city's website. The written policy must include the following requirements:

1. A plan for deferred or reduced payments.

2. Alternative payment schedules.

3. A formal mechanism for a customer to contest or appeal a bill.

4. A telephone number for a customer to contact to discuss options for averting the discontinuation of residential service for nonpayment.

B. Such written policy shall be adopted by city council resolution and shall comply with the requirements specified by the Water Shutoff Protection Act (Health and Safety Code Section 116900 et seq.).

(Ord. O2025-07, 4/15/2025)

The city may discontinue residential water service due to nonpayment of water charges pursuant to its written policy adopted by city council resolution; provided, however, that the written policy abides by the requirements specified in the Water Shutoff Protection Act (Health and Safety Code Section 116900 et seq.).

(Ord. O2025-07, 4/15/2025)

The city shall have the right of refusing to or ceasing to deliver water to a consumer if any part of the consumer's service appliances or apparatus shall at any time be unsafe, or if the utilization of water by means thereof shall be prohibited under authority of any law or municipal ordinance or regulation (until such law, ordinance or regulation shall be declared invalid by a court of competent jurisdiction), and may refuse to serve until the consumer shall put such part in good and safe condition and comply with all the laws, ordinances and regulations applicable thereto.

(Prior code § 22-10)

The city shall have the right to refuse to serve water to any person or premises at any time or to discontinue service, after following the requirements set forth in its policy for discontinuation of water service, if found necessary to do so in order to protect itself against fraud or abuse.

(Ord. O2025-07, 4/15/2025)

Each consumer about to vacate any premises supplied with water service by the city shall give written notice of his or her intended removal at least two days prior thereto, specifying the date service is desired to be discontinued, otherwise, he or she will be held responsible for all water furnished to such premises until the city shall have notice of such removal or discontinuance.

(Prior code § 22-12)

When water service has been discontinued for nonpayment of water bill pursuant to Section 13.04.090, reconnection will be made only after payment of the delinquent payment and reconnection charges as adopted by city council resolution.

(Prior code § 22-13)

A. Bills for metered water services will be rendered according to registration of the meter at regular intervals, and are due and payable upon presentation. Payment shall be made at the water office in the City Hall or at the city's option, to duly authorized collectors of the city.

B. All bills for water supplied customers shall be delinquent on the fifteenth of the following month for which the service was rendered.

C. Removal bills, special bills, bills rendered on vacation of premises or bills rendered to persons discontinuing the service, shall be paid on presentation. Bills for connections of service shall be paid on presentation, and bills for reconnection likewise. Payments for deposits or to reinstate deposits as required under the rules and regulations of the city shall be paid before service will be connected or reconnected.

D. All water service revenues collected shall be retained by the city regardless of the date of termination of water service and no rebates will be made for midmonth disconnection.

E. If the monthly service charge is not paid when due, on the first day of each calendar month, thereafter a penalty of two percent of the amount of the delinquent rate shall be added.

(Prior code § 22-14; Ord. 1409 § 3, 2008)

A. Temporary service, as considered in this chapter, refers to service to circuses, bazaars, fairs, temporary restaurants, construction works, etc., of a temporary nature.

B. The city will, if in its opinion the furnishing of such service will not create a hardship upon it or its consumers, furnish temporary services under the following conditions: The applicant for such temporary services shall be required to pay to the city, in advance or otherwise, as the city may elect, the net cost of installing and removing any facilities necessary in connection with furnishing of such service by the city.

C. Potable water use for construction purposes is prohibited, except on projects of less than twenty acres in total project acreage and physically located further than one mile from the water quality control facility's (WQCF) recycled water fill station. Projects in excess of twenty acres or closer than one mile to the WQCF's recycled water fill station may use city supplied recycled water. In order to receive recycled water, the water truck operator must obtain a certification card from the public works department for recycled water handling by attending a mandatory workshop on recycled water.

D. Persons authorized to use potable water for construction purposes shall obtain a water permit from the city and shall obtain a water meter and backflow prevention assembly from the city. All potable water used for construction purposes shall be metered by said city-provided assembly. The charges associated with potable water consumption and the use of the water meter/backflow prevention assembly shall be established by the city council by resolution.

(Ord. O2025-07, 4/15/2025[1])

[1]

Editor's Note: This ordinance also repealed Ord. O2018-21.

A. The city will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of water to the consumer, and to avoid any shortage or interruption of delivery of same. The city shall not be liable for interruption or shortage or insufficiency of supply, or any loss or damage occasioned thereby, if the same is caused by inevitable accident, act of God, fires, strikes, riots, war or any other cause not within its control.

B. The city, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the right to suspend temporarily the delivery of water, but in all cases, reasonable notice thereof, as circumstances will permit, will be given to the consumers, and the making of such repairs and improvements will be prosecuted as rapidly as may be practicable, and, if practicable, at such times as will cause the least inconvenience to the consumers.

(Prior code § 22-16)

Unless specifically agreed upon, the consumer shall not resell any of the water received by him or her from the city to any other person, or to any other party or for any other purpose, or on other premises than specified in his or her application for service.

(Prior code § 22-17)

The city shall have the right to remove any of its property installed on the consumer's premises at the termination of service.

(Prior code § 22-18)

Any damage occurring to a meter or other appliance or pipes owned by the city caused by carelessness or negligence of the consumer, including any damage which may result from hot water or steam from any boiler or heater on consumer's premises, shall be paid for by the consumer on presentation of a bill therefor.

(Prior code § 22-19)

All inspectors, agents and employees of the city are prohibited to demand or accept any personal compensation for services rendered to a consumer.

(Prior code § 22-20)

It is unlawful for any person to use, permit or allow the use of water in any of the following manners:

A. For washing of sidewalks, driveways, patios, parking lots, aprons or other non-landscaped exterior ground areas, except for the purpose of maintaining the area in a clean, safe and sanitary condition;

B. Watering of landscaping:

1. Except at locations bearing a street address ending in an even number except on Tuesday, Thursday and Saturday,

2. Except at locations bearing a street address ending in an odd number except on Wednesday, Friday and Sunday,

3. At any location between the hours of twelve p.m. to six p.m. on any day,

4. At all locations and all times, watering of landscapes is prohibited on Monday,

5. The following shall not be subject to the watering day and time restrictions:

a. All locations within thirty days of new landscape installation,

b. Manteca public golf course, city parks, the City Hall complex, and Manteca Unified School District landscapes,

c. Private parks or other landscaped areas larger than four acres,

d. Landscape irrigation exclusively using drip irrigation and/or micro spray irrigation systems,

6. Irrigating outdoors during and within forty-eight hours following measurable (at a minimum any amount of rainfall that generates runoff or puddles) rainfall;

C. Taking of water from any fire hydrant except by regularly constituted fire protection agencies or provided a permit for construction water has been obtained through the public works department;

D. Allowing the escape of water through leaks, breaks or malfunction in the user's plumbing or distribution system for more than twenty-four hours after discovery thereof by, or notice thereof to, the user;

E. Washing of automobiles or boats except:

1. By use of a quick-acting positive shut-off nozzle on the hose or a bucket and sponge,

2. At a commercial car wash;

F. Serving water by restaurants except upon request of a customer;

G. Irrigation that causes water runoff onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;

H. Using potable water in decorative water features that do not recirculate the water;

I. Hotels and motels must offer their guests the option to not have their linens and towels laundered daily, and prominently display this option in each guest room.

(Ord. 870 § 1, 1990; Ord. 911 § 2, 1991; Ord. 915 § 1, 1991; Ord. 986 § 1, 1994; Ord. 1110 § 2, 1999; Ord. 1111 § 2, 1999; Ord. 1126 § 1, 2000; Ord. 1239 § 1, 2003; Ord. 1548 §§ 2, 3, 2014; Ord. 1569 § 1, 2015; Ord. 1583 §§ 1, 2, 2016; Ord. O2022-19 § 1; Ord. O2023-17 § 1)

Penalties shall be imposed for violation of any of the provisions of Section 13.04.210 and shall follow Chapter 1.10, Administrative Enforcement Provisions, of the Manteca Municipal Code.

(Ord. 870 § 2, 1990; Ord. 915 § 2, 1991; Ord. 1548 § 4, 2014; Ord. 1583 § 3, 2016)

A. A senior citizen shall be defined as a resident who is age sixty or older.

B. Low-income senior household shall be defined as a household with a combined income that does not exceed the income limitations for the California Alternate Rates for Energy (CARE) set by PG&E or an equivalent utility provider/agency (as selected by the finance director).

C. The senior citizen must be the utility account holder or in the case of multiple account holders the senior applicant must be one of the account holders.

D. The discount amount shall be determined by funding availability in the fiscal year and approved by the finance director or designee. The amount will be credited monthly to the utility bill.

E. In order to qualify for the rebate, the qualifying low-income senior account holder must provide the following:

1. A copy of the most recent 1040 federal income tax form demonstrating income eligibility and/or Social Security annual statement for each member of the household that earns income. Income includes all taxable and nontaxable revenues, from whatever sources derived, including, but not limited to, wages, salaries, interest, dividends, spousal and child support payments, public assistance payments, Social Security and pensions, housing and military subsidies, rental income, income from self-employment and all employment-related, non-cash income;

2. A signed application provided by the city ensuring that all information provided is accurate and complete;

3. In the event the low-income qualifying senior does not have a utility account established with the city because the sewer charges are paid as part of a multi-unit meter, the property manager and/or owner responsible for the utility account will collect the signed low-income application and income verification from the individuals and submit them to the city finance department. This credit will be applied to the multi-unit account. The property manager and/or owner are/is responsible to pass on the credit to the eligible household. It is unlawful and a misdemeanor for any person to violate this provision. The finance director shall create the application.

F. Documentation noted above shall be provided to the city no later than July 15th of each year. The city will have sixty days from this date to apply the credit to the account.

G. Customers who cancel their services prior to the July 15th deadline may request a discount. The noted documents above need to be submitted along with their request to cancel the services. The discount credit will be applied to their final utility billing.

H. In the discretion of the finance director, the discount discussed herein may be cancelled or rescinded, should the city determine inaccuracies and/or misrepresentations on the application; circumstances change for the customer/household; and/or budget/funding matters arise for the city that preclude the city from sustaining the discount discussed herein. The city shall provide a customer thirty days' notice should the discount be cancelled or rescinded.

(Ord. O2025-05, 3/18/2025)

A. Whenever the amount of any water rate has been overpaid, or paid more than once, or has been erroneously or illegally collected or received by the city, it may be refunded as provided in this section.

B. The claimant or their guardian, conservator, executor, or administrator must submit a written application to the city's finance director within one year of the alleged overpayment or erroneous or illegal collection. The application must clearly establish claimant's right to the refund by written records.

C. Upon receipt of the claim, the city's finance director will evaluate the request and provide a written evaluation of their analysis, including any refund due, within sixty days.

D. Any claimant aggrieved by the finance director's decision with respect to its refund request may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen days of the finance director's decision. The city manager will render a written decision within sixty days of the claimant's filing of the appeal. The findings of the city manager shall be final, and any amount due shall be immediately due and payable upon the service of notice of the city manager's decision.

(Ord. O2025-07, 4/15/2025)