Mariposa County Municipal Code § 13.02 Water Regulations 13.02.001 Short Title 13.02.002 Regulations 13.02.003…

The ordinance codified in this chapter may be referred to as "Water Regulations." It may be amended by a majority vote of the board of supervisors.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.002 Regulations

The following regulations respecting water system construction and connection to the water system of the district and all work in respect thereto shall be performed as herein required and not otherwise.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.003 Retroactivity

To the extent that this ordinance provides certain minimum standards, provisions and requirements for design, methods of construction and use of materials in water system facilities hereafter installed, altered or repaired, it shall not apply retroactively and in the event of an alteration or repair hereafter made, it shall apply only to the new materials and methods used therein.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.010 Definitions

For purposes of this chapter:

1. "Applicant" means the person making application for a permit for a water service installation and shall be the owner of premises to be served by the water service for which a permit is requested, or his/her authorized agent.

2. "Board" means the board of directors of the district. The Mariposa County board of supervisors acts as the board of directors for the county dependent special districts.

3. "Commercial use" means all retail stores, restaurants, office buildings, laundries, and other private business and service establishments, including churches and lodges.

4. "Cost" means the cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

5. "Cross-connection" means a connection or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or nonpotable), or any matter that may change the color or add odor to the water.

6. "Distribution mains" means water lines in streets, roads, highways, alleys and easements used for public and private fire protection or general distribution of water.

7. "District" means any county dependent special district or county service area zone that provides a community water system.

8. "Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of, ownership over same for himself/herself, or as executor, administrator, guardian or trustee of the owner.

9. "Health officer" as used in this chapter of the county code means the health officer or his/her authorized deputy, agent or representative.

10. "Person" means any human being, individual, firm, company, partnership, association or private or public or municipal corporation, the United States of America, the state, districts, and all political subdivisions, and governmental agencies.

11. "Private fire protection system" means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection, and the water available therefor.

12. "Premises" means a lot or parcel of real property under one ownership, except that any separate structure under one roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

13. "Public fire protection service" means the service and facilities of the entire water supply, storage and distribution system of the district, including the fire hydrants affixed thereto and the water available for fire protection, excepting house service connections and appurtenances thereto.

14. "Public works director" as used in this chapter of the county code means the director of operations for all districts, service areas, etc., within the county, or his/her authorized deputy, agent or representative

15. "Regular water service" means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor.

16. "Residential use" means any residence, apartment house, habitation, trailer or other structure customarily occupied by one family. Property improved for multifamily purposes shall constitute the number of residential units that the facilities thereon provide in number of facilities for residential units.

17. "Service" or "service connection" means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water service from a distribution main to premises. Where services are divided to serve several customers, each such branch service shall be deemed a separate service.

18. "Temporary water service" means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

19. "Water department" means the board of directors of the district performing functions related to the district water service, together with the public works director and other duly authorized representatives.

HISTORY

Adopted by Ord. 484 on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

For the purpose of this chapter, all words used in this chapter in the present tense shall include the future, all words in the plural number shall include the singular number, and all words in the singular number shall include the plural number.

HISTORY

Adopted by Ord. 484 on 1/1/1978

A water department is created comprising the following positions: public works director and/or other duly authorized representatives.

HISTORY

Adopted by Ord. 484 on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

The district will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving and distributing water for public and private uses, including all parts of the system, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment.

HISTORY

Adopted by Ord. 484 on 1/1/1978

Where applicable upon notification the public works director shall develop or modify a water system drought contingency plan in accordance with state statute, executive order executed by the Governor of the State of California, or applicable regulatory agency action. Upon activation or changes in enforcement level(s) provisions within the water system drought contingency plan the public works director shall advise the board of supervisors of the plan activation and level of enforcement. The public works director shall make the water system drought contingency plan available to the public and file the plan with the appropriate regulatory agency.

HISTORY

Adopted by Ord. 1115 Sec. I on 1/19/2016 13.02.050 Application For Service--Form

Applications for regular water service, where no main extension is required, shall be made upon a form provided by the district.

HISTORY

Adopted by Ord. 484 on 1/1/1978

Application for service will signify the customer's willingness and intention to comply with this chapter and other ordinances or regulations relating to the regular water service and to make payment for water service required.

HISTORY

Adopted by Ord. 484 on 1/1/1978

All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the district harmless for any damages arising out of low pressure or high pressure conditions or interruptions in service.

HISTORY

Adopted by Ord. 484 on 1/1/1978

An application will not be honored unless payment in full has been made for water service previously rendered to the applicant by the district.

HISTORY

Adopted by Ord. 484 on 1/1/1978 13.02.090 Installation Of Services

Regular water services will be installed at the location desired by the applicant of the size determined by the water department. Service installations will be made only to property abutting on public streets or abutting on such distribution mains as may be constructed in alleys or easements, at the convenience of the water department. Services installed in new subdivisions prior to the construction of streets or in advance of street improvement must be accepted by the applicant in the installed locations.

HISTORY

Adopted by Ord. 484 on 1/1/1978 13.02.100 Changes In Customer's Equipment

Customers making any material change in the size, character or extent of the equipment or operations utilizing water service or whose change in operations results in a large increase in the use of water shall immediately give the district written notice of the nature of the change and, if necessary, amend their application.

HISTORY

Adopted by Ord. 484 on 1/1/1978

The following rules are established whenever a property owner within the district makes application for service; such application shall also comply with sections 13.02.110 through 13.02.140:

1. Determination of Necessity. Upon receipt of any application for water service or request for an application form, the public works director shall determine whether a main extension is necessary to provide service. A main extension shall be installed in the manner provided in this section whenever, in the judgment of the public works director and the board, such main extension is necessary to provide regular water service to property described in such application or request.

2. Application. Any owner of one or more lots or parcels or subdivider of a tract of land where, in the opinion of the public works director, one or more main extensions is required, desiring regular water service to serve such property, shall make a written application therefor to the district, said application to contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the district, and be accompanied by a map showing the location of the proposed connections.

3. Investigation of Application. Upon receipt of the application, the public works director shall make an investigation of the proposed extension and submit a recommendation and the estimated cost thereof to the board.

4. Ruling on Application. The board shall thereupon consider such application and report and, after such consideration, reject, amend or approve the application.

5. To Remain Property of District. All extensions provided for, in accordance with these regulations, shall be and remain the property of the district.

6. Dead-end Lines. No dead-end lines shall be permitted, except as recommended by the public works director and approved by the board. In cases where, subsequent to the approval of a dead-end line by the board, another dead-end line is planned in sufficient proximity to make connection feasible and such connections recommended by the public works director and approved by the board, the dead-end lines shall be connected. In cases where circulation lines are necessary, they shall be designed and installed by the water department as a part of the cost of the extension.

7. Extent and Design. All main extensions shall extend to the far property line of developed property. If additional property is developed on the same lot after installation of a main extension, the main extension shall be extended to the far property line of the additionally developed property. All main extensions shall be designed and specified by a California registered civil engineer consistent with the minimum requirements contained in the most recently adopted Mariposa County Improvement Standards subject to approval by the public works director.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

The applicant will provide and construct all main extensions upon approval of application for service by the board.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.130 Main Extensions--Determination Of Cost--Advance Payment

If the application for service is approved, the board shall determine the cost to the district of the main extension, including all engineering, inspection and other expenses attributable to the line. When the board so determines, the applicant shall advance the amount of the estimate and the line shall thereupon be installed by the applicant. If the amount of the advance deposit exceeds the actual cost of engineering, legal, inspection and other charges attributable to the extension, the balance shall be refunded to the applicant. If the amount of the deposit is insufficient to pay all the costs of engineering, legal, inspection and other charges attributable to the extension, the applicant shall pay all such costs to the district prior to the acceptance of the extension by the district.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.140 (Reserved)

(Ord. 484 Art. II Sec. 604, 1978-no records available).

HISTORY

Amended by Ord. 929 Sec. I on 11/25/1997 13.02.145 Connection Of Land Outside District--Permit Required

Permission shall not be given to connect to any lot or parcel of land outside the service area to any district water works in or under the jurisdiction of the service area unless a permit therefor is obtained. The applicant shall first enter into a contract in writing whereby he/she shall bind himself/herself, his/her heir, successors and assigns to abide by all resolutions, ordinances, rules and regulations in regard to the manner in which such water system shall be used, the manner of connecting therewith and the plumbing and drainage in connection therewith, and also shall agree to pay all fees required for securing the permit and a monthly fee in the amount set by the board for privilege of using such water works.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.146 Connection Of Land Outside District--Public Hearing

The granting of such permission for outside water in any event shall be optional with the board; however, prior to considerations by the board, there shall be scheduled a public hearing in the service area for public input on all applications for outside water contracts. The requirements for a public hearing on service connection applications for service to properties outside the service area shall apply on applications for sewer service as well as water service. The board is under no obligation to approve applications for service outside the district. Approval of application shall be based on recommendations made to the board by the public works director.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.150 Subdivision Water System--Application--Written

A person desiring to provide a water system within a tract of land which he/she proposes to subdivide within district boundaries shall make written application therefor and comply with Sections 13.02.160 through 13.02.220.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.160 Subdivision Water System--Application--Contents

The application to provide a subdivision water system shall state the number of the tract, the name of the subdivision and its location. It shall be accompanied by a copy of the tentative map and of the plans, profiles and specifications for the street work, sanitary sewer and storm drainage work and other underground utilities therein.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

Upon receiving the application to provide a subdivision water system, the public works director shall review the engineered plans and shall report the findings to the county planning commission, including a recommendation as to the facilities required. The size, type and quality of materials shall be in accordance with county improvement standards in effect at the time of the application.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

Location of the lines and grades of the subdivision water system shall be designed and specified by a California registered civil engineer consistent with the minimum requirements contained in the most recently adopted Mariposa County Improvement Standards. The actual construction will be done at the expense of and by the subdivider, and supervised and inspected by the public works director. Fire hydrants shall be located at intervals as determined by the district in keeping with National Fire Protection Agency standards along the distribution main. Plans and engineering costs will be the responsibility of the subdivider.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.190 Subdivision Water System--Property Of District

All facilities shall be the property of the district and shall be conveyed to the district by a proper instrument in writing at the time the facilities are completed and accepted by the district.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.200 Subdivision Water System--Service Connections

The subdivider shall, at his/her cost, provide and install the service connection to each parcel property line in the tract including the pipeline, curb stop and meter box, including the meter.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.210 Subdivision Water System--Costs And Expenses

All costs and expenses incurred by the district under sections 13.02.150 through 13.02.220, including the cost of investigation, inspection, legal and consulting engineer's services, shall be paid to the district by the subdivider prior to approval of the application.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.220 Subdivision Water System--Further Requirements

In granting an application to provide a subdivision water system, the board may make whatever further requirements as may be necessary.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.230 Number Of Services Per Premises

The applicant may apply for as many services as may be reasonably required for his/her premises, provided that the pipeline system from each service is independent of the others and that they are connected to one service line on the customer side of the meter. The cost of all services shall be borne by the applicant.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.240 Supply To Separate Structures

Each house or structure for which application for water service is made after the effective date of the ordinance codified in this chapter which fronts on a public street or private road shall have a separate service connection.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.250 Water Waste Prohibited

No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the district may discontinue the service if such conditions are not corrected within five days after giving the customer written notice.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.260 Responsibility For Equipment On Customer Premises

All facilities installed by the district on private property for the purpose of rendering water service shall remain the property of the district and may be maintained, repaired or replaced by the water department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining said facilities on private property.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.270 Liability For Damage To Water System Facilities

The customer shall be liable for any damage to the district owned customer water service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a service, and any damage to a service that may result from hot water or steam from a boiler or heater on the customer's premises. The district shall be reimbursed by the customer for any such damage promptly on presentation of a bill.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.280 Ground Wire Attachments Prohibited

All persons are forbidden to be connected to a service connection or main belonging to the attach any ground wire or wires to any plumbing which is or may district. The district will hold the customer liable for any damage to its property occasioned by such ground wire attachments.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.290 Control Valve On Customer's Property

The customer shall provide a valve on his/her side of the service installation, as close as is practicable to the street, highway, alley or easement in which the water main serving the customer's property is located, to control the flow of water to the piping on his/her premises. The customer shall not use the service curb stop to turn water on and off for his convenience.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.300 Cross-Connections

All customers must comply with the state and federal laws governing cross-connection control and the latest version of the Mariposa County Cross-Connection Control Policy.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.310 Interruptions In Service

The district shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the water department. Temporary shutdowns may be made by the water department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. The district will not be liable for interruption, shortage or insufficiency of supply nor for any loss or damage occasioned thereby if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.320 Ingress And Egress

Representatives from the water department shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.330 Tampering With District Property Prohibited

No one except an employee or representative of the board shall at any time in any manner operate the curb cocks or valves, main cocks, gates, or valves of the district's system; or interfere with meters or their connections, street mains or other parts of the water system, including fire hydrants.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.340 Notices--To Customers

Notices from the district to a customer will normally be given in writing and either delivered or mailed to the customer at the customer's last known address. Where conditions warrant, and in emergencies, the district may resort to notification by either telephone or messenger.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.350 Notices--From Customers

Notice from the customer to the district may be given by the customer's authorized representative in writing:

1. At the district's operating office;

2. To the public works director; or

3. To an officer or agent duly authorized by the board to receive notices or complaints.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.360 User Charges

User charges for water service shall be consistent with a board adopted rate structure for the district and in the amounts as established by the board of supervisors from time to time by resolution following a public hearing and set forth in Appendix I of the County Code. The types of user charges that may be in the rate structure are as follows:

1. Residential use: as defined in section 13.02.010;

2. Commercial use: as defined in section 13.02.010.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 501 Sec. 2 (part) on 3/13/1979 Amended by Ord. 548 Sec. 1 on 6/17/1980 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.370 Billing--Period Of Service

The regular billing period will be monthly.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 501 Sec. 2 (part) on 3/13/1979 Amended by Ord. 549 Sec. 1 on 6/17/1980 13.02.380 Billing--Opening And Closing Bills

Opening and closing bills for less than the normal billing period shall be prorated, as to both minimum charges and quantity blocks. If the total period for which service is rendered is less than one month, the bill shall not be less than the monthly minimum charge applicable. Closing bills may be estimated by the water department for the final period as an expediency to permit the customer to pay the closing bill at the time service is discontinued.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.390 Billing--Rendering And Payment Of Bills

1. Bills for water service and sewer service shall be rendered at the end of each billing period to include the minimum charge for the following period. Bills shall be payable on presentation.

2. On each bill for services rendered by the district shall be printed substantially the following: "If charges are not paid within thirty days after the due date or dates, a penalty of ten percent will be added to said charges plus a further penalty of one percent per month on the first day of each month following. lf full charges and penalty, if any, are not paid within sixty days after the due date or dates, district shall discontinue service, and a reconnection charge determined by the board will be imposed."

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 501 Sec. 2 (part) on 3/13/1979 Amended by Ord. 616 Sec. I on 3/13/1984 Amended by Ord. 929 Sec. I on 11/25/1997 Amended by Ord. 1186 Sec. I on 9/12/2023

1. Under the terms of this section, service may be discontinued for nonpayment of bills.

2. A customer's water service may be discontinued if water service furnished at a previous location is not paid for within the time fixed in this chapter for the payment of bills.

3. If a customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off.

4. At least thirty (30) days prior to any discontinuance of service for nonpayment of bills, hereunder, the customer shall be sent a notice, which notice shall contain the following:

   1. That a billing which is specified and itemized is delinquent.

   2. That if the billing is disputed by the customer, the customer may meet with the public works director, or a designated employee acting as the district representative, and that the customer will have the opportunity to present his/her objection to the billing.

   3. The name of the district representative and the fact that the district representative shall be empowered to act on behalf of the district to correct any errors in the billing.

   4. The address where the district representative is located.

   5. The hours of the day wherein the district representative will be available to meet with the customer.

   6. That if the billing is determined to be justly due by the district after the meeting between the customer and the district representative, or if the customer fails to avail himself/herself of a meeting, the service will be disconnected on the first regular working day thirty (30) days from the date of the notice described herein, or as soon thereafter as can be done.

   7. The notice required herein shall be sent by United States mail, registered, return receipt requested.

5. The service will not be discontinued, however, until the amount of the deposit, if any, made to establish credit for that service has been fully absorbed.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 616 Sec. 2 on 3/13/1984 Amended by Ord. 929 Sec. I on 11/25/1997 Amended by Ord. 1186 Sec. I on 9/12/2023

1. Under the terms of this section, service may be discontinued for nonpayment of bills.

2. A customer's water service may be discontinued if water service furnished at a previous location is not paid for within the time fixed in this chapter for the payment of bills.

3. If a customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off.

4. The service will not be discontinued, however, until the amount of the deposit, if any, made to establish credit for that service has been fully absorbed.

5. Residential service shall not be discontinued for nonpayment until a payment by a customer has been delinquent for at least sixty (60) days. No less than seven (7) business days before discontinuation of residential service for nonpayment, the customer named on the account shall be contacted by telephone or written notice.

6. When the customer named on the account is contacted by telephone, the district shall offer to provide in writing the district's policy on discontinuation of residential service for nonpayment. They shall also be offered the opportunity to discuss options to avert discontinuation of service.

7. When a customer named on the account is contacted by written notice, the written notice of payment delinquency and impending discontinuation shall be mailed to the customer of the residence to which the residential service is provided. If the customer's address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to "Occupant." The notice shall include, but is not limited to, all of the following information in a clear and legible format:

   1. The customer's name and address.

   2. The amount of the delinquency.

   3. The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.

   4. A description of the process to apply for an extension of time to pay the delinquent charges.

   5. A description of the procedure to petition for bill review and appeal.

   6. A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent residential service charges.

8. If contact with the customer or an adult occupying the residence by telephone is not possible, and written notice is returned through the mail as undeliverable, the district shall make a good faith effort to visit to the residence and leave or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and the district's policy for discontinuation of residential service for nonpayment.

9. If an adult at the residence appeals the bill to the public works director, a designated employee acting as the district representative, or any other administrative or legal body to which such an appeal may be lawfully taken, the customer's residential service shall not be discontinued while the appeal is pending.

10. The customer's residential service for nonpayment shall not be discontinued if all of the following conditions are met:

11. The customer, or a tenant of the customer, submits certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the California Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.

12. The customer demonstrates that he or she is financially unable to pay for residential service within the normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi cal, Supplemental Security

Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level.

3. The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the district's written policy.

4. If all of the conditions in subsection (J) are met, the customer shall be offered payment options. The public works director, or a designated employee acting as the district representative, may choose which of the payment options the customer undertakes and may set the parameters of that payment option. The payment option offered shall result in repayment of the remaining balance within twelve (12) months.

5. For those deemed as meeting all the conditions in subsection (J), residential service may be discontinued no sooner than five (5) business days after a final notice is posted of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:

6. The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for sixty (60) days or more.

7. While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay their current residential service charges for sixty (60) days or more.

8. Public works shall have the written policy on discontinuation of residential service for nonpayment in english and the five (5) languages listed in the California Civil Code, (as well as any other languages spoken by at least 10 percent of the people residing in a service area). This written policy (in all required languages) shall be posted on the Mariposa County internet website.

9. If a metered residential service is furnished to any dwelling that is rented or leased out by an owner, manager or landlord, every good faith effort shall be made to inform the residential occupants, by means of written notice, when an account is in arrears that service will terminate in ten (10) days prior to the termination. The notice shall further inform the occupants that they have the right to apply to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.

10. The number of annual discontinuations of residential service for inability to pay shall be posted on the Mariposa County internet website.

HISTORY

Adopted by Ord. 1186 Sec. I on 9/12/2023

1. All residential service customers that are discontinued for nonpayment shall be provided information on how to restore residential service.

2. A reconnection charge in an amount determined by the board will be collected prior to reconnection of service following a discontinuance.

3. For a residential customer who demonstrates household income below 200 percent of the federal poverty line the district shall do both of the following:

   1. Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars ($50), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours, a reconnection of

service fee shall be set at one hundred fifty dollars ($150), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021.

2. Waive interest charges on delinquent bills once every 12 months.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 Amended by Ord. 1186 Sec. I on 9/12/2023 13.02.420 Discontinuance Of Service--Unsafe Apparatus

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.430 Discontinuance Of Service--Prohibited Cross-Connections

Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of state or federal laws.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.440 Discontinuance Of Service--Fraud Or Abuse

Service may be discontinued if necessary to protect the district against fraud or abuse.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.450 Discontinuance Of Service--Noncompliance With Regulations

Service may be discontinued for noncompliance with this chapter or any other ordinance or regulations related to the water service.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.460 Discontinuance Of Service--Upon Vacating Premises

Customers desiring to discontinue service should so notify the water department five days prior to vacating the premises. Unless discontinuance of service is ordered the customer shall be liable for charges whether or not any water is used.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.470 Discontinuance Of Service--Short-Term Disconnection

Upon notification to the water department, short-term disconnections will be made where the time involved comprises multiples of the minimum billing period.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978

Rates and charges which are not paid on or before the thirtieth day after the due date or dates shall be subject to a penalty of ten percent, and thereafter shall be subject to a further penalty of one percent per month on the first day of each month following.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.490 Unpaid Charges--Collectable By Suit

All unpaid rates and charges and penalties provided in this chapter may be collected by suit.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.500 Unpaid Charges--Cost Of Suit

The defendant shall pay all costs of suit in any judgment rendered in favor of the district.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.510 Temporary Service--Duration

Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the public works director.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.520 Temporary Service--Deposit--Rates And Charges

1. The applicant shall deposit, in advance, an amount determined by the board and set forth in Appendix 1 of the County Code for each diameter inch of service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service and the cost to repair any damages, exclusive of the cost of salvageable material, shall be determined and an adjustment made as an additional charge, refund or credit.

2. If service is supplied through a fire hydrant, the applicant will be charged a flat charge per connection, for both installation and removal of service facilities including meter, in an amount determined by the board and set forth in Appendix 1 of the County Code.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978

The customer shall use all possible care to prevent damage to any leased facilities of the district which are involved in furnishing the temporary service from the time they are installed until they are removed, or until forty-eight hours' notice in writing has been given to the district that the contractor or other person is through with the meter or meters and the installation. If the meter or other facilities are damaged or lost, the cost of making repairs shall be paid by the customer.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.550 Temporary Service--From Fire Hydrant

If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the proper authority. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997

Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is a misdemeanor punishable by law.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.570 Temporary Service--Credit

The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.580 Fire Hydrant--Use Restrictions

Fire hydrants are for use by the district, the Mariposa County fire department or by organized fire protection agencies pursuant to contract with the district. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the water department prior to use and shall operate the hydrant in accordance with instructions issued by the water department. Unauthorized use of hydrants will be prosecuted according to law.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.590 Fire Hydrant--Moving Or Changing

When a fire hydrant has been installed in the location specified by the proper authority, the district has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he/she shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the proper authority.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.600 Private Fire Protection System--Payment Of Cost

The applicant for private fire protection service not now installed shall pay the total actual cost of installation of the service from the distribution main to the customer's premises, including the cost of a detector check meter or other suitable and equivalent device, valve and meter box. Said installation shall become the property of the district.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.610 Private Fire Protection System--No Connection To Other System

There shall be no connection between a private fire protection system provided for by section 13.08.610 and any other water distribution system on the premises.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.620 Private Fire Protection System--Water Use Restriction

There shall be no water used through the fire protection service provided for by section 13.08.610 except to extinguish accidental fires and for testing the fire-fighting equipment.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.630 Private Fire Protection System--Monthly Rates

The monthly rates for private fire protection shall be established in the district's schedule of rates.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.640 Private Fire Protection System--Water For Fire Storage Tanks

Occasionally, water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the Mariposa County public works department in advance and an approved means of measurement is available. The regular water rates will be applied.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.650 Private Fire Protection System--Violation Of Agreement

If water is used from a private fire service in violation of the agreement or of these regulations, the district may, at its option, discontinue and remove the service.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.660 Private Fire Protection System--Water Pressure And Supply

The district assumes no responsibility for loss or damage due to lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 13.02.670 Appeals--Final Authority (Reserved)

Repealed.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Repealed by Ord. 929 Sec. I on 11/25/1997 13.02.680 Penalty For Violation

For the failure of the customer to comply with all or any part of this chapter and any ordinance, resolution or order fixing rates and charges of this district, a penalty for which has not been specifically fixed by this chapter, the customer's service shall be discontinued and the water shall not be supplied such customer until the customer has complied with the rule or regulation, rate or charge which said customer has violated or, in the event that the customer cannot comply with said rule or regulation, until said customer has satisfied the Mariposa County public works department that in the future said customer will comply with all the rules and regulations established by ordinance of the district and with all rates and charges of this district. In addition thereto, the customer shall pay the district an amount equal to the current reconnection fee for renewal of said customer's service.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.690 Water Availability Charge--Rate

The water availability charge: An amount per individual lot or parcel per month for each separate lot or parcel, which is not connected to the district water system shall be determined by the board and set forth in Appendix 1 of the County Code.

HISTORY

Adopted by Ord. 484 No records available on 1/1/1978 Amended by Ord. 929 Sec. I on 11/25/1997 13.02.700 Water Availability Charge--Payment

The water availability charge as determined by the board , shall be payable upon billing and due on the first day of each calendar month. Said monthly charge shall not be subject to proration or refund.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.710 Water Availability Charge--Billing Period

Monthly, or after the tenth day of each month, each owner of land, as shown by the last equalized assessment roll of the county, shall be billed for the amount of water availability charge which will accrue to such property for the thirty-day preceding period.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997

Should a parcel of land become connected to the district water system and subject to monthly service charges, there shall be credited against future service charges so much of the availability charge as has been actually paid that is not yet due as of the date of connection.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997

If any water availability charge remains unpaid on the first day of August following its due date, a six-percent penalty thereon shall accrue.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.740 Water Availability Charge--Collection With Taxes

The total amount of the delinquent unpaid water availability charge plus the penalty shall be added to the annual tax upon the land to which the district water system were available and for which the charge is unpaid and shall constitute a lien on that land in the manner provided in section 25210.77(d) of the Government Code.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.02.750 Water Availability Charge--Delinquency Report

No later than August 15 of each year, the public works director shall furnish, in writing to the board of supervisors and to the county auditor of the county of Mariposa, respectively, a report containing a description of each and every parcel of land within the district upon which a standby charge remains unpaid, together with the amount unpaid, plus the penalty, on each parcel. From and after the date, unless the County Auditor agrees otherwise, such delinquent amounts in penalties shall be paid together with, and not separately from, taxes and shall be subject to the same procedures and penalties.

HISTORY

Adopted by Ord. 929 Sec. I on 11/25/1997 13.04 Water Supply 13.04.010 Contamination--Generally 13.04.020 Contamination--By Cross-Connections 13.04.030 Sale Of Devices Or Materials That May Cause Pollution 13.04.040 Sanitary Standards 13.04.050 Utilities Inspection 13.04.060 New Water Wells--Approval Required 13.04.070 Violation--Penalty