Montague Municipal Code Art. I Waterworks and Water Mains

The purposes of this article are as follows:

• A. To provide revenue for the operation of the existing water distribution system of the city;

• B. To provide funds for the replacement, extension, maintenance and repair thereof;

• C. To provide funds for the operation of that system as it exists as of the effective date of the ordinance codified in this article or may thereafter be modified. (Ord. 1-83 § 1, 1983)

As used in this article:

• A. “City” means the city of Montague.

• B. “Person” means any person, persons, firm, firms, corporation, corporations, association or associations.

• C. “Premises” means a lot, piece or parcel of land, any building or establishment.

• D. “Public premises” means any premises owned of record by the city.

• E. “Water” means potable water for domestic use within the city limits.

• F. “Water meter” includes those devices installed to measure the use of water by the consumer and shall hereby be deemed to be in the public interest for use by the city.

G. “Water superintendent” means any person designated by the city council to perform the services and make the determinations under this chapter permitted or required to be made by the provisions of this chapter.

H. “Temporary suspension charges” mean charges that apply when a water user or owner of vacant or untenanted buildings requests a discontinuance of service. Such charges will continue until the city is notified to begin service again.

I. “Water connection fee” means a charge for connecting to the city water system which will apply to offset the costs of connecting to the city water system.

J. “Water capital improvement fee” means a charge for connecting to the city water system which will apply to offset capital improvement costs for the operating and maintenance of the water treatment facilities. (Ord. 09-03, 2010; Ord. 1-83 § 3, 1983)

A. On any street or alley in which water main or water lateral has been laid or installed by the city, the city will furnish the service connection complete from its main to the curbline, if located in a street, or from its main to the property line, if located in an alley, for scheduled charges to be paid by the person requesting such service connection, in advance.

B. Water main extensions and water lateral extensions will be the property owner, commercial business or developer’s responsibility. The property owner, business or developer shall provide the city’s public works department detailed plans for review and approval by either the city engineer or the public works supervisor before construction. All improvements shall be constructed to meet the city of Montague’s construction standards and comply with Chapter 13.04, Water System. Reimbursement for construction of water extensions shall follow the procedures set forth in Article II of this chapter. All improvements must be done by a licensed contractor.

C. In cases when the director of public works decides that a larger diameter water line is required because of engineering factors related to the site and the city’s existing system, the city shall pay the invoice pipe price difference plus 15 percent, provided funds are available and an agreement is entered into with the city prior to commencement of work.

D. The city is authorized to charge a water connection fee of $550.00 and a water capital improvement fee of $690.00 at the time of connection to the city water system. (Ord. 14-01, 2014; Ord. 09-03, 2010; Ord. 1-83 § 4, 1983)

All water pipes which are laid, relaid or repaired on any private premises or in any street or public place within the city after the effective date of the ordinance codified in this article shall be subject to inspection by the water superintendent, before such water pipes are covered. (Ord. 1-83 § 23, 1983)

The city council is authorized to set such standby fees as it may deem appropriate from time to time, following the procedures of the Proposition 218 Omnibus Implementation Act. Standby fees are approved and authorized for vacant buildings having water meters attached thereto, for vacant portions of multiple-unit structures, for vacant spaces in mobile home parks, and for vacant land having water meters installed and in place. Standby fees are different from “temporary suspension charges” provided for in Section 13.04.200. (Ord. 09-03, 2010; Ord. 1-83 § 11, 1983)

A. All new connections and new users of water connections within the city shall pay a deposit to the city in an amount established by resolution of the city council. The funds shall be deposited and maintained into a separate account. Deposits shall be returned upon discontinuance of service and full payment of water bills.

B. Deposits will not be required from customers possessing a valid business license issued pursuant to Title 5 of this code. (Ord. 09-03, 2010; Ord. 03-01 § 1, 2003)

A. As stated in this article, it is deemed to be in the best interests of the citizens of the city to provide water through meters designed to gauge the amount of water used by all consumers. In connection with same, a study has been conducted by the city to determine rates and normal usage. The scheduling of amounts to be established pursuant to these guidelines is delineated on Exhibit A, attached to the ordinance codified in this section and incorporated herein by this reference. The minimum rate set forth on Exhibit A is for single-family, single commercial uses and/or multiple dwellings or other structures with a single meter. Multiple dwellings, commercial uses or other structures with multiple meters shall have the minimum rate set forth in Exhibit A multiplied times the number of meters in use.

B. All water rates so established shall become effective on the date of passage of the ordinance codified in this article or such subsequent date as set forth in the ordinance. (Ord. 15-04, 2015; Ord. 09-03, 2010; Ord. 06-03 § 2, 2006; Ord. 1-83 § 5, 1983)

Any consumer securing water from sources other than the city distribution system and connecting the foreign source to the same plumbing on or about his premises shall, at his sole expense, comply with all rules and regulations of the state or any public body having jurisdiction and install the necessary valves, cutouts, and other devices essential to protect any such foreign waters from infiltrating or contaminating the city distribution system. (Ord. 1-83 § 18, 1983)

A. Water bills for services must be paid by the fifteenth day of each month. If the amount due is not received in the city office on the fifteenth day of the month on or before 12:00 midnight, on the sixteenth day of the month a penalty of 12 percent will be added to the amount due. If the bill is not paid by the twenty-fourth day of the month on or before 12:00 midnight, on the twenty-fifth day of the month the water service may be shut off and an additional charge of $25.00 shall be due and payable to restore service.

B. When service is discontinued due to nonpayment of bills it shall not again be resumed until payment of all charges is made. All penalties provided for in this section shall be paid whether or not water service is discontinued. The city is authorized to charge a reconnection fee of $25.00 upon request by the user for reconnection.

C. If a user pays by check for water service, that user represents that he or she has sufficient funds in the bank to pay the check. If a check is returned by the bank because of insufficient funds, the city is authorized to charge an additional $25.00 for bad check charge.

D. When service is discontinued due to a bad check, it shall not be resumed until payment of all charges is made. All penalties provided for in this section shall be paid whether or not water service is discontinued. The city is authorized to charge a reconnection fee of $25.00 upon request by the user for reconnection. This city is further authorized after the second bad check to require cash or money order for payment thereafter. (Ord. 14-03, 2014; Ord. 08-02 § 1, 2008; Ord. 97-02, 1997; Ord. 88-1 § 2, 1988; Ord. 1-83 § 9, 1983)

All charges for water service and sewer service, and any other service rendered by the city, may be billed upon the same bill and collected as one item; if all or part of the bill is not paid, any or all of the services for which the bill is rendered may be discontinued as set forth in this article. (Ord. 1-83 § 17, 1983)

Editor’s note: Ord. No. 09-03, adopted Jan. 15, 2010, repealed § 13.04.110, which pertained to exemption from charges, and derived from Ord. 1-83, § 13, adopted 1983.

Miscellaneous users of water within the city shall be charged at the base rate established by resolution for water alone plus that amount prescribed by resolution for incremental use thereafter. (Ord. 1-83 § 14, 1983)

The service connection, whether located on public or private property, is the property of the city, and the city reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service. (Ord. 1-83 § 16, 1983)

No person other than the water superintendent, firemen, and authorized employees of the city shall turn on any fire hydrant within the city. A permit issued by the city shall be required for any exception. (Ord. 1-83 § 19, 1983)

Water for construction purposes will only be furnished upon the application of the owner or authorized agent of the property. Water for construction purposes shall be charged to such person at the rate prescribed in Section 13.04.120. (Ord. 1-83 § 22, 1983)

A. No person, firm, corporation or association shall supply or furnish water in any way for use outside of the premises to which the service is assigned or appurtenant, unless by special permission from the water superintendent.

B. When additional premises are connected without the special permission prescribed in this chapter, such premises may be charged at double the rate for the time that they are in use, and the service may be shut off by the superintendent and a charge of ten dollars made for shutting off and turning on such service. In case water is turned off as provided in this section, the water shall not be turned on again until all rates and charges against the premises have been paid in full. (Ord. 1-83 § 20, 1983)

In case of fire alarm, all water shall be immediately shut off throughout the city in order to maintain firefighting pressure, excepting that for use at the fire and the immediate neighborhood, and for this purpose, any person acting in an official capacity of the city may enter upon any premises within the city for the purpose of closing any hydrant or water outlet that may be open at such time; the water shall remain turned off and the consumer or consumers shall not again use any water until the signal that the fire is out has been given by the fire department. (Ord. 1-83 § 15, 1983)

The city reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other emergency situation, and the city shall not be responsible for any damage, such as bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppage or interruption of water supply or any other damage resulting from the shutting off of water. (Ord. 1-83 § 21, 1983)

Consumers shall not waste water. Water shall be so used as not to permit the same to run off from such premises and onto the city street. Should any customer be in violation of this section, the water superintendent or any employee of the city may go upon the premises and turn off such water. For any second or subsequent violation, the water superintendent shall turn off the water furnished such premises, for which there shall be a charge of ten dollars. The city is authorized to charge a reconnection fee of ten dollars upon request by the user for reconnection following such second or subsequent violation resulting in turning off such water. (Ord. 1-83 § 12, 1983)

The city council is authorized to establish temporary suspension charges. The monthly water charges provided for in Section 13.04.070 of this article will be charged to users unless notice is given that a building is vacant or untenanted or that the user requests discontinuance of service for any reason. Such request for discontinuance of service shall be made to the office of the city clerk, whose responsibility it shall be to notify the water superintendent of such discontinuance. The water user or owner of the vacant property shall be responsible for paying temporary suspension charges as provided for in Section 13.04.070 of this article during the period the service is disconnected. (Ord. 09-03, 2010; Ord. 1-83 § 10, 1983)

Any damage to a water meter located on the property of any user shall be the responsibility of the landowner. The city shall have the authority to repair any damage to any such meter and to assess the cost of repair against the landowner. (Ord. 1-83 § 7, 1983)

If, for any reason, city personnel are unable to read a water meter due to any obstruction placed there by persons beyond the control of the city, the city clerk is authorized to bill the user in question based upon the previous month's usage. The city is authorized to give notice to remove any such obstruction upon five days' notice. Any differential in charges will be accounted for in the following month's bill. The city is authorized to charge a reasonable fee for removal of the obstruction if necessary. (Ord. 1-83 § 8, 1983)

Any charge levied by the city by or pursuant to this article or the resolutions made pursuant to the authority of this article on any premises within the corporate limits of the city having connection to the city water distribution system is hereby made a lien upon the premises. The water superintendent is authorized and it shall be his duty to disconnect the water upon failure of the person to whom such charge is billed to pay the charges as set forth in this article. (Ord. 1-83 § 24, 1983)

In the event of a violation of any term of this article or any rule or regulation or resolution established pursuant to this article, the water superintendent in writing shall notify the person or persons causing, allowing or committing such violation, specifying the violation and the time after which (upon the failure of such person or persons to prevent or rectify the violation) the water superintendent will exercise his authority to disconnect the property served by the city; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office, Montague, California, addressed to the person or persons to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the water superintendent may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard and the reasonable value of the things done and amounts expended in so doing shall be a charge upon the owner so in violation. (Ord. 1-83 § 25, 1983)

A. Any person who is dissatisfied with any determination made under this article by the water superintendent may, at any time within thirty days after that determination by the water superintendent, appeal to the city council by giving written notice to the water superintendent and to the city clerk, setting forth the determination with which such person is dissatisfied. The city council may, at any time, upon its own motion, hear any appeal from any determination made by the water superintendent under this article. In the event of any such appeal, the water superintendent shall transmit to the city council a report upon the matter of appeal.

B. The city council, through the city clerk, shall cause notice to be given, at least ten days prior to the time fixed for such hearing, to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city clerk shall mail a written notice, postage prepaid, to all such persons whose addresses are known to the city council, and shall publish the notice once in a newspaper of general circulation within the city at least five days prior to the date fixed for such hearing. Pending decisions upon any water account, and if there is no immediate hazard or damage potentially resultant from continued water usage, the appellant shall be entitled to continual water service.

C. The decision of the city council on any such appeal shall be a final administrative decision subject to review only by the Superior Court of the county on administrative mandate. On such review, the appellant shall not be entitled to a trail de novo, and the decision of the city council shall be upheld if supported by substantial evidence. All such hearings shall be tape-recorded, and the record thereof shall be permanently kept by the city clerk. (Ord. 1-83 § 26, 1983)