Merced Municipal Code Ch. 15.32 Regulation and Billing

The management, control and care of the municipal water system shall be vested in the city engineer, under the general direction of the city manager.

(Ord. 1174 § 1, 1976: prior code § 31.1).

The finance officer shall be in charge of the collection of all money that may become due the city for water services and shall pay the same into the water fund, as provided for in the city charter and in Section 15.36.010.

(Prior code § 31.2).

Water from the municipal water system shall be delivered to the customers thereof, both within and without the corporate limits, in accordance with the terms of this division. The city shall furnish the service complete from its main to the property line, in case of an alley; to the curb line from a street main when the sidewalk is adjacent to the property line; and to the back of the sidewalk from a street main when the sidewalk is adjacent to the curb line. The owner shall furnish, install and maintain all piping to the city service.

(Ord. 2167 § 1, 2004: prior code § 31.3).

A. All water service installed on or after January 1, 1992, including, but not limited to, residential, commercial, industrial, schools, or public and government entities, shall be equipped with meters and shall be charged for water on the metered rate as specified in Section 15.36.050 of this title.

B. Any person or entity constructing new building or structure that requires water service shall purchase and install new water meter according to the city's specifications for each building or structure, and shall purchase and provide the city with a properly functioning electronic transmitter for the water meter for installation by the city.

C. On or before January 1, 2025, all water service connected to the city's water supply without meters shall be retrofitted and equipped with water meters and shall thereafter be charged for water on the metered rate provided in Chapter 15.36 of this title, as amended from time to time. The director of public works—water resources and reclamation is authorized to institute a water meter retrofitting program, which shall be implemented on or before July 1, 2007 to ensure compliance with the requirements of this provision.

D. The cost of installation of the water meter on new water service installed on or after January 1, 1992 shall be paid by the user of the water, except that if a meter was previously installed by the user at the user's expense and later removed and replaced by the city at the city's own undertaking, then the cost of the installation of the meter shall be borne by the city. For services existing prior to January 1, 1992, the city may recover the cost of providing the purchase, installation, and operation of water meters from rates, fees, and charges.

E. Notwithstanding any other provision of this chapter, the city is authorized to utilize funds collected from developers as water connection fees, pursuant to Government Code Section 66013, and deposited into the restricted water wells fund to retrofit existing single-family residences with unmetered services existing prior to January 1, 1992 with water meters, until all unmetered services are retrofitted with water meters.

F. Where clusters of multiple-family dwellings are located on a single parcel, a single metered connection may serve all units.

(Ord. 2269 § 3 (part), 2006: Ord. 1799 § 1, 1991: prior code § 31.5).

(Ord. of 2386, § 1, 4-16-2012)

A. Subject to Section 15.32.040 of this chapter, single-family residences, churches, schools, public parks and fire protection services without water meter on service prior to January 1, 1992 may continue to be charged for water on a flat rate schedule, provided the use is not expanded or changed, until retrofitted with a water meter on or before January 1, 2025 and shall thereafter be charged for water on the metered rate provided in Chapter 15.36 of this title, as amended from time to time.

B. Meters may be installed at the option of the city or the customer, in which event service will thereafter be rendered only on the basis of metered service.

C. The city shall have the right to install meters, at the customer's expense, on services where violations of any of the regulations governing extensions of service, wastage of water or time or method of irrigation have occurred.

(Ord. 2269 § 3 (part), 2006: Ord. 1799 § 2, 1991: prior code § 31.7).

Anything to the contrary stated in this chapter notwithstanding, the city council shall have the power to establish by agreement or resolution the rates to be charged for providing water services to government agencies, including school districts, private schools and to any person at rates different from those heretofore set forth, on a basis that is fair and equitable to all the parties concerned.

(Prior code § 31.9).

All water services shall have a wheel valve where the service pipe enters the house or structure. The city, upon request of a customer, will turn the curb shutoff valve on and off without charge to enable the customer to install the wheel valve.

It is unlawful for a customer, or any person, to turn on or turn off a curb shutoff valve without the permission of the director of public works or his designee.

Except as indicated above, a customer is subject to a charge for having a curb shutoff valve turned on and off. The charge is fifty dollars ($50.00) during normal working hours (eight a.m. to three p.m., Monday through Friday) and seventy-five dollars ($75.00) at all other times.

(Ord. 1867 § 1, 1994: Ord. 1486 § 1, 1983: prior code § 31.10(a)).

(Ord. No. 2405, § 3, 3-18-2013)

A. In making plumbing connections, the customer shall comply with the most recent version of the State Water Resources Control Board Cross Connection Control Policy Handbook (CCCPH), as well as all other codes and regulations of the state and county departments of public health related to public drinking water.

1. In addition to the applicable state and county regulations, the following is prohibited, unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.12 of this code, because of the threat to the public health:

a. Unprotected cross connections between a public supply and any unapproved source of water; and

b. Water service to premises where there is a possibility of contaminated water back flowing into the public water system.

2. In addition, approved double check valves or other protective devices shall be installed on water services when:

a. Another source of water, whether cross connected or not, is in use or is available for use; or

b. Containing liquid substances of any kind are used, produced, or processed.

B. The cross connection control specialist shall determine the type, design and layout of BPA required at each premises, and the devices shall be purchased and installed at the expense of the customer.

C. All BPA shall be inspected and tested annually by a properly certified backflow tester that is approved by the cross connection control specialist as a condition of services to the premises.

D. All BPA protective cages must be approved by the cross connection control specialist prior to installation.

E. Pursuant to Merced Municipal Code sections 17.28.020 and 17.32.080, the only approved residential fire sprinkler system shall be a 'multipurpose' design and shall be a 'passive purge' system as per NFPA 13D and the California Building Code.

(Ord. No. 2501, § 1, 6-17-2019; Ord. 2167 § 2, 2004: prior code § 31.10(b))

(Ord. No. 2586, § 1, 1-20-2026)

The owner of any premises on or for which check valves or other protective devices are installed shall inspect these devices for water tightness and reliability at least once per year. Double check valves and other protective devices may, in addition, be inspected and tested for water tightness by the city at any time. If the inspection cannot be made without undue difficulty because of an obstruction or other interference, the customer will be notified and requested either to correct the condition or have the inspection made at his own expense and witnessed by the city. Any defects found in any backflow control device shall be corrected by the customer within three (3) days. Failure to correct such defects is cause for discontinuance of water service.

(Prior code § 31.10(c)).

No person shall supply water in any way for use outside of the premises to which the service is assigned or appurtenant, except by permission of the director.

(Ord. 2167 § 3, 2004: prior code § 31.10(d)).

The water charges specified in this division will be charged against vacant or untenanted buildings, unless notice of the vacancy and a request for discontinuance of service is made to the office of the finance officer.

(Prior code § 31.10(e)).

Access to service connections and water meters must be provided at all times.

(Prior code § 31.10(f)).

All persons must keep the service pipes in good order at their own expense and may be held liable for damages which may result from their failure to do so. When leaky faucets or fixtures are discovered and not immediately repaired, the water service may be disconnected. Authorized employees of the city shall be admitted at all reasonable hours to all parts of any premises supplied with water, except the interior of dwellings, but including the meter box, to see that the regulations contained in this chapter are observed and complied with.

(Prior code § 31.10(g)).

All sprinkler systems installed for the irrigation of lawns, plants and flowers shall be so designed and installed that the water is not sprayed or permitted to spray over or upon a sidewalk, alley or street. Portable sprinklers will not be permitted on the sidewalk, nor may they be placed in such a manner as to spray water upon sidewalks, alleys or streets, so as to prevent pedestrians or vehicles from using the public ways at all times without being struck or wet by the spray from the sprinklers. The irrigation with potable water of ornamental turf on public street medians is prohibited.

(Prior code § 31.10(i)).

(Ord. No. 2442, § 2, 6-1-2015; Ord. No. 2443, § 1, 6-15-2015)

It is unlawful for any person to interfere with the city service lines, valves or meters or to construct a bypass around a meter or service.

(Prior code § 31.10(h)).

A. The finance officer of the city shall cause the premises to be billed in advance in the case of unmetered service and in arrears in the case of metered service, monthly, bimonthly, or at such other intervals as he may determine in his discretion, and such water charges shall be included with the utility bill established by the city for water, sewer and refuse charges.

B. The city manager shall adopt administrative guidelines to provide procedures for payment and collection, including delinquency and termination, of municipal utility services in the city's Administrative Policy and Procedure Manual.

C. Under no circumstances shall the city be required to make service available to a residential occupant unless each residential occupant or representative of the residential occupants agrees to the terms and conditions of service, and meets the requirements of law and the city's rules and regulations. However, if one or more of the residential occupants or the representative of the residential occupant is willing and able to assume responsibility for subsequent charges to the account to the satisfaction of the city, or if there is a physical means legally available to the city of selectively terminating services to those residential occupants who have not met the requirements of the city's rules or for whom the representative of the residential occupants is not responsible, the city shall make service available to the residential occupants who have met those requirements or on whose behalf those requirements have been met. Additionally, those residential occupants shall be required to comply with the same deposit requirements as set forth in Section 15.32.165.

D. The city shall not seek to recover any charges or penalties for the furnishing of water, sewage, or refuse service to or for the customer's residential use from any subsequent customer on account of nonpayment of charges by a previous customer. Additionally, the city may not recover any charges or penalties for the furnishing of water, sewage, or refuse service to or for the customer's residential use from the property owner due to the nonpayment of charges by a previous residential occupant customer.

(Ord. 2197 § 1, 2005: Ord. 1958 § 7, 1997: Ord. 1752 § 16, 1990: Ord. 1723 § 1, 1988: Ord. 1655 § 1, 1987: Ord. 1317 § 16 (part), 1980: prior code § 31.11(a) (part)).

A. Each new account for water or other utility service and each utility service account that is delinquent shall make a deposit prior to service or future service being rendered by the city in an amount estimated by the finance officer or his designee to be equal to the charges for services likely to be supplied during a period of three (3) months or two (2) billing periods, whichever is greater. This estimate shall be based upon the size of the service, the nature of the use of the property and the experience with other similar uses in the city. Failure to make the deposit will warrant the discontinuation of service.

B. The decision of the city to require a new residential applicant to deposit a sum of money with the city prior to establishing an account and furnishing service shall be based solely on the credit worthiness of the applicant as determined by the city.

(Ord. 1958 § 8, 1997: Ord. 1752 § 17, 1990).

Owners of property will be billed and held responsible for all charges upon the city utility bill, including the charges for garbage and refuse collection, sewer service charges and water charges, provided to their property when the account is established in the owner's name or the owner occupies the premises to which the service is provided, although payments will be accepted from tenants.

(Ord. 1958 § 10, 1997: Ord. 1317 § 16 (part), 1980: prior code § 31.11(b)).

All unpaid accounts for utility services established in the owner's name or where the owner occupies the premises shall be a lien against the real property subject to enforcement against subsequent owners of the premises.

(Ord. 1958 § 11, 1997: Ord. 1317 § 16 (part), 1980: prior code § 31.11(c)).

The director is empowered to make interpretations of this division whenever a question may arise as to the necessity for, type or manner, or method in which materials, meters, or backflow control devices are installed. Such interpretation shall be in writing, and a copy thereof shall be filed in the office of the director.

(Ord. 2167 § 4 (part), 2004: prior code § 31.23).

The director shall keep complete records of all permits issued and other official work performed under the provisions of this chapter.

(Ord. 2167 § 4 (part), 2004: prior code § 31.24).

A. Notwithstanding any other provision of this title, if a residential customer has (1) initiated a complaint or (2) requests an investigation within five (5) days of receiving a disputed bill, or (3) has within thirteen (13) days of receiving a notice of termination of services made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, his complaint will be investigated and reviewed by the city manager, or his designee within ten (10) calendar days.

B. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed twelve (12) months. No termination of service shall be effected for any account under review or for any customer who complies with a written amortization agreement, and keeps the account current as charges accrue in each subsequent billing period.

C. Any person aggrieved by the decision of the city manager may appeal to the city council by filing a written notice of appeal within five (5) calendar days of the decision with the city clerk setting forth his objections. After hearing the objections by such person and giving due consideration thereto, the city council shall make its decision on the matters contained in the appeal, and its decision shall be final and conclusive.

(Ord. 1958 § 12, 1997: prior code § 31.25).

The city shall make available to its residential utility customers who are sixty-five (65) years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third party notification service, whereby the city will attempt to notify a person designated by the customer to receive notification when the customer's account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third party notification on a form provided by the city, and shall include the written consent of the designated third party. The third party notification does not obligate the third party to pay the overdue charges nor shall it prevent or delay termination of service.

(Ord. 2167 § 5, 2004: Ord. 1958 § 13, 1997).