Morgan Hill Municipal Code Ch. 13.04 Water System

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "CII property" means commercial, industrial, and institutional properties. For the purpose of this chapter, CII properties include: a) Homeowners' Associations-owned property; b) common areas of mobile home parks, and apartment, condominium, and townhome complexes; c) manufacturing plants and facilities; d) industrial and commercial construction sites; e) retail and shopping malls; f) hospitals; g) religious institutions; h) government facilities (including parks); i) restaurants; j) grocery stores; k) educational institutions; l) sporting arenas; m) office buildings; and n) other properties that provide commercial, industrial, and institutional services.

B. "Functional turf" means turf that is needed to serve a human function including: a) turf used for recreational purposes and civic or community events; b) turf located on the property of a single-family home; c) turf located on the property of a park used for sport, gathering, or recreation; d) turf on a golf course used directly for sport (driving ranges, chipping, and putting greens, tee boxes, greens, fairways and rough); e) turf located on a school field used for sport, gathering, or recreation; f) turf on a sports field; g) turf needed for pet relief at veterinarians' offices, boarding facilities, and animal shelters; h) turf within areas of cemeteries used for visitation and gathering; i) species of turf that have a plant factor ≤ 0.3 per the California Code of Regulations Section 491 Title 23; and j) turf in areas that are watered directly beneath tree canopies and shrubs.

C. "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.

D. "Landscape irrigation system" means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

E. "Non-functional turf" means irrigated lawn grass area not meeting the definition of functional turf. Non-functional turf includes but is not limited to: a) streetscape turf which is located along private or public streets (e.g., mow strips on either side of street), along streetscape sidewalks (narrow spaces of turf that line the sidewalk on private or public property), along driveways and parking lots within the community, business streetscape frontage areas, and within medians within roundabouts; b) turf that is solely ornamental, and c) other turf that is not functional turf.

F. "Single pass cooling systems" means equipment where water is circulated only once to cool equipment before being disposed.

G. "Potable water" means water which is suitable for drinking.

H. "Recycled water" means the reclamation and reuse of non-potable water for beneficial use as defined in Title 22 of the California Code of Regulations.

I. "Station" means an area of irrigated landscape controlled by a single irrigation valve.

J. "Superintendent" means the superintendent of water of the city, and any act in this chapter required or authorized to be done by the superintendent, may be done on behalf of the superintendent by an authorized officer or employee of the water department.

(Ord. 30 N.S. §§ 2.01, 2.02, 1948)

(Ord. No. 1932 N.S., § 4, 5-27-2009; Ord. No. 2342 N.S., § 1, 2-15-2023)

Each building fronting upon a street and supplied with water by the water department which has a meter must have a direct service connection with the street main except that in cases where two or more such buildings, owned by the same person, are built upon a lot having a frontage of thirty feet, or less, such buildings may be served by one service pipe and one meter.

(Ord. 30 N.S. § 4.05, 1948)

Any person desiring to have premises connected with the water supply system of the city shall give a description of lot, block and addition or official house number on the premises on which water is desired, and shall make application therefor upon a printed form to be furnished for that purpose, which application shall contain the description of the premises where such water is desired, shall give the size of service pipe, and shall be signed by the owner of the premises to be served or his duly authorized agent, and shall be filed in the office of the superintendent, and at the time of filing such application, the applicant shall pay to the city water department and take its receipt therefor, the fees for installation of water service provided in this chapter.

(Ord. 30 N.S. § 2.03, 1948)

A. The application provided in Section 13.04.030 of this chapter shall contain a contract on the part of the person making the same, to pay for the water applied for at the rates in effect, and shall reserve to the city the right to charge and collect the rates and enforce the penalties provided for in this chapter, in the manner provided in this chapter, to change the rates at any time by ordinance, and shall specify that such contract is subject to all the provisions of this chapter and of any ordinance of the city relating to the subject, hereafter passed, and shall provide that the city shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances on the premises supplied with water, installed by the owner or occupant of such premises, and that the fact that the agents of the city have inspected the plumbing and appliances shall not be pleaded as a basis of recovery in case of damage to the premises from defective plumbing or appliances installed by the owner or occupant of such premises, and shall provide that in case the supply shall be interrupted or fail by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruption or failure, nor shall such failures or interruptions for any reasonable period of time be held to constitute a breach of contract on the part of the city or in any way relieve the consumer from performing the obligations of his contract.

B. All contacts shall take effect from the day they are signed and rates shall be charged from the date the premises are connected with the city's water supply.

(Ord. 30 N.S. §§ 2.04, 2.05, 1948)

Upon the presentation at the office of the water department of the receipt for the installation fees and execution of the contract provided for in this chapter, the superintendent shall cause the premises described in the application, if the same abut upon a street upon which there is a city water main, to be connected with the city's water main by a service pipe extended at right angles from the main to the curbline and including a stopcock placed within the lines of the street curb, which service pipe and stopcock shall thereafter be maintained by and kept within the exclusive control of the city. In cases of application for water service on premises not abutting upon a street upon which there is a city water main, the city will lay its service pipe from the main toward the premises for a distance equal to the distance from the main to the curbline, such distance in no case to exceed forty feet, and permit connection therewith by means of a union and pipes laid at the expense of any maintained by the owner of the service, or may in the discretion of the superintendent, upon the payment of the actual cost thereof, extend the service to the premises of the applicant along and beneath any public street or avenue of the city, but not otherwise.

(Ord. 30 N.S. § 3.01, 1948)

Where there is a water main in front of any premises, every house supplied by city water must install its own separate service connection with the city main, and the premises so supplied will not be allowed to supply water to any other premises, except temporarily where there are no mains in the street; provided, that such restrictions shall not apply to services already installed unless in the judgment of the superintendent for the good of the service or to settle disputes, it is found necessary to enforce such provisions as to connections already made.

(Ord. 30 N.S. § 3.02, 1948)

A nonrefundable service charge of five dollars shall be made each time a new water account is opened, or for each transfer of an old account to a new occupant or user. The charge shall be paid by the new user whether or not the water is actually turned off. This charge shall apply to all types of occupancies, and shall apply to both owners and lessees. The five-dollar service charge shall also be applicable if an employee of the city must go out to collect money due or turn off water for accounts delinquent more than thirty days.

(Ord. 396 N.S. § A (part), 1975)

A. A returnable deposit as listed in this subsection shall be paid by any water customer upon opening or transferring a water account to his name:

1. Single-family and multifamily with separate meters, twenty dollars;

2. Commercial, thirty dollars;

3. Apartments, motels, mobile home parks and any other multi-residential use serviced by a single meter, ten dollars.

B. Upon closing of an account and paying all charges owed the city for sewer, water and garbage services, the deposit shall be returned upon request of the depositor or his duly authorized agent upon presentation of the receipt for such deposit; provided, however, that any such deposit which has not been claimed or requested to be refunded for a period of six months from the date of closing the account shall be forfeited to the city and transferred by the city to its general water fund.

(Ord. 396 N.S. § A (part), 1975)

Any future changes for all water rates and charges set forth in this chapter can be made by a written resolution duly adopted by the city council and shall have the same effect as a change by ordinance.

(Ord. 396 N.S. § A (part), 1975)

No service connection less than three-fourths-inch in size shall be installed.

(Ord. 30 N.S. § 4.01, 1948)

The fees for the installation of water services as provided in this chapter shall be as follows:

A. For three-fourth-inch service, fifteen dollars;

B. For one-inch service, twenty dollars;

C. For one and one-half-inch service, thirty dollars;

D. For two-inch service, forty dollars.

(Ord. 30 N.S. § 4.02, 1948)

For sizes larger than two-inch, or where it becomes necessary to open paved street, the actual cost of labor and material in laying such a service and replacing the pavement shall be charged plus ten percent overhead. In such cases the cost of materials and labor shall be estimated by the superintendent and the estimated cost shall be paid to the city water department by the person applying for such installation before the work of connecting the main with the property is begun; provided, that whenever the estimated cost is not sufficient to cover the total expense for labor and material the deficit shall be charged to the property for which such installation was made and to the owner thereof; provided further, that any excess payment shall be returned to the person applying for the installation.

(Ord. 30 N.S. § 4.03, 1948)

A. All customers of the municipal water supply system must have a water meter properly installed to accurately measure the amount of water consumed in any period of time. The city shall furnish the required meters and installation shall be made by employees of the city; provided, however, that the reasonable cost of the meter and installation shall be charged to the customer.

B. For the purposes of this section, "all customers" is defined to include both residential and commercial customers.

1. Residential customers include any and all residential developments including, but not limited to, single family homes, townhomes, condominiums, mobile home parks, each unit of multiunit residential developments, and each residential unit of mixed-use developments.

2. Commercial customers include any single nonresidential building, any landscape only account, and any segment or portion of a nonresidential building that can be individually owned.

3. The following types of customers are exempt from the requirements of this section if they have already been constructed or have received a building permit prior to June 1, 2005: Townhomes, condominiums, mobile home parks, each unit of multiunit residential developments, each unit of mixed-use developments, and any segment or portion of a nonresidential building that can be individually owned.

C. The owner of a multiunit residential development or a mixed-use development that includes habitable dwellings, may, upon compliance with the following, install separate submeters to each residential unit in lieu of installing separate meters directly to the municipal water system.

1. The owner must obtain a permit from the public works department for the submeter system.

2. Any submeters shall accurately and completely measure all water consumed from the municipal water system.

3. The owner shall agree to charge the tenant of each unit a water utility charge strictly based on the consumption by the occupants of the unit.

4. Installation, maintenance and monitoring of the submeter system shall be the responsibility of the owner, and in no circumstances shall the city be responsible therefore.

5. If any water conservation plan is implemented or imposed by the city, the owner shall be responsible for complying with any reductions required by such plan as measured by consumption on the meter(s) directly connected to the municipal water system.

Failure to abide by the above conditions, and/or any other conditions the city may impose, may result in revocation of any permit issued and/or other action as authorized by law.

(Ord. 1722 N.S. § 1, 2005: Ord. 338 N.S. § A (part), 1973)

A. The total charge or cost for installing a three-quarter-inch meter shall be seventy-two dollars, if paid in cash and eighty dollars, if paid in installments.

B. The cost for installing a one-inch meter shall be one hundred five dollars, if paid in cash and one hundred fifteen dollars, if paid in installments.

C. Payment in full of the cost within thirty days of installation shall be considered a cash payment and any payment made beyond the thirty-day period shall be considered an installment payment at the installment rate set forth in this section. For customers electing to pay in installments, the charge shall be divided into twelve equal monthly installments and shall be paid with the monthly or bimonthly water bill as the customer is usually billed.

(Ord. 338 N.S. § A (part), 1973)

A. It is unlawful for any person to violate any of the provisions of this chapter.

B. If any customer fails to pay the charges for meter installation or any installment thereof when due, as set forth in this chapter, the superintendent shall give the customer ten days written notice of the city's intent to cut off water service, and at the end thereof, if the charges remain unpaid and any objections, in writing, claiming overcharges or charges for services not rendered have been overruled by the director of finance or if no objections have been received, the superintendent shall cut off the water service to that customer. Before reconnecting to the water system, the customer shall pay a penalty of ten dollars in addition to all other charges due the city for water services. The notice required by this subsection shall be provided by mailing the notice by certified mail to the customer's service address as shown on the customer records of the city.

(Ord. 788 N.S. § 2, 1986: Ord. 338 N.S. § A (part), 1973)

(Ord. No. 2276 N.S., § 48, 5-2-2018)

Sections 13.04.130, 13.04.140 and 13.04.150 of this chapter shall go into effect thirty days after February 21, 1973, the date of final passage of the ordinance codified therein, and all persons and customers not having metered water service shall be required to accept a meter installation as soon as the city can do the work. With the consent of the customer, installation of the meter may be made prior to thirty days after final passage.

(Ord. 338 N.S. § A (part), 1973)

A. Where the accuracy of record of water meter is questioned, it shall be removed at the consumer's request and shall in his presence be tested in the shops of the water department by means of the apparatus there provided, and a report thereon duly made. Both parties to the test must accept the findings so made. If the test discloses an error against the consumer of more than three percent of the meter's registry, the excess of the consumption on the three previous readings shall be credited to the consumer's meter account, and the water department will bear the entire expense of the test, and the deposit required by this chapter shall be returned. On the other hand, where no such error is found, the person who has requested the test shall pay the charge fixed for such test.

B. Before making a test of any meter the person requesting such a test, shall at the time of filing his request with the superintendent, make a deposit with the city water department of the amount charged for such a test, subject to the condition herein stated, which charges are fixed as follows:

1. For testing one-half-inch meters, one dollar; 2. For three-quarter-inch meters, one dollar;

2. For testing one-inch meters, one dollar fifty cents;

3. For testing one and one-half-inch meters, one dollar fifty cents;

4. For testing two-inch meters, two dollars;

5. For testing three-inch meters, three dollars;

6. For testing four-inch meters, four dollars;

7. For testing six-inch meters, five dollars.

C. No meter shall be removed, or in any way disturbed, nor the seal broken, except in the presence of or under the direction of the superintendent.

(Ord. 30 N.S. § 4.16, 1948)

The following water rates shall be effective with the August 1997 service:

Monthly Service Charges:

(Ord. 1344 N.S., 1997)

A. Unless otherwise set forth in this chapter, the water rates to be charged and collected monthly from consumers of water where the service connection is located outside the city limits and who are supplied by the municipal water works of the city, are fixed, determined and established to be exactly one hundred sixty-five percent times the amounts charged for users whose connection is located inside the city limits. Further provided, however, that the senior rate shall not be applicable to users outside the city.

B. Effective July 1, 1993 and each July 1st thereafter until July 1, 2018, all rates set forth in this section shall decrease by exactly two percent, unless the council determines prior to July 1st that the decrease should be deferred, or a higher rate of decrease, or a lower rate of decrease is necessary.

(Ord. 1103 N.S. § 2, 1992: Ord. 933 N.S. § 1, 1989; Ord. 172 N.S. § A (part), 1964: Ord. 30 N.S. § 4.29, 1948)

To facilitate the computation of the monthly water charge, the rate charged any consumer may be adjusted to the nearest five cents and a table may be adopted carrying into effect the rates hereinabove set forth to the nearest five cents.

(Ord. 172 N.S. § B, 1964)

The city council declares its intent to make any future changes in the water rates established in this chapter by setting forth the changes in a resolution duly adopted, and the adoption of such a resolution shall have the same force and effect as though the changes had been made by the adoption of an ordinance.

(Ord. 172 N.S. § C, 1964)

Service for fire protection only must be fitted with such fixtures as are needed for fire protection and entirely disconnected from those used for other purposes. Persons having such service shall be charged according to the following rates:

A. Cities rates:

1. For one-inch pipe, seventy-five cents per month;

2. For one and one-half-inch pipe, one dollar per month;

3. For two-inch pipe, one dollar seventy-five cents per month;

4. For three-inch pipe, three dollars per month;

5. For four-inch pipe, four dollars per month;

6. For six-inch pipe, six dollars per month.

B. In no case shall any tap be made upon any pipe installed and used for fire service purposes only, or any tank connected therewith, nor shall the use of any water be permitted through any fire service nor through any pipes, tank or other fixture therewith connected for any purposes except the extinguishing of fire on the premises.

(Ord. 30 N.S. § 4.11, 1948)

No charge will be made for water used through fire protection service pipes or general service pipes in extinguishing fire if the owner or occupant of the premises where such fire occurs gives written notice to the office of the superintendent within thirty days from the time of such fire.

(Ord. 30 N.S. § 4.12, 1948)

Failure to receive mail will not be recognized as a valid excuse for failure to pay water rates when due. Change in occupancy of property supplied with the city water and changes in mailing addresses of consumers of city water must be filed in writing at the office of the superintendent on forms provided for that purpose. The superintendent may require payment in advance or the payment of a deposit for all water to be furnished consumers.

(Ord. 30 N.S. § 4.18, 1948)

A. Where the property for which service is applied for is located on a street in which there exists no water main in front of the premises, the water department may estimate the total cost of any extensions, and upon payment by the applicant of the charges estimated, the same may be installed by the water department under the rules as provided in this chapter.

B. All water systems connecting with or supplied with water from the water mains of the city, shall be constructed under the supervision and in accordance with plans and specifications approved by the superintendent of the water works and shall become and remain the property of the city.

C. A refund upon the cost of any such extension shall be made in accordance with either of the following plans, at the option of the water department:

1. Plan 1. Twenty-five percent of the gross receipts derived from such extension will be paid for a period of ten years, payable annually to the person having paid for such extension, but in no event will more than the original cost be refunded.

2. Plan 2. The applicant shall pay the whole cost of the extension less one hundred dollars for each service installed at the time of the installation of the extension. Refunds shall thereafter be made to the applicant each time a new service connection shall be installed as follows:

a. One hundred dollars for a five-eighths-inch meter;

b. One hundred twenty-five dollars for a three-quarter-inch meter;

c. One hundred fifty dollars for a one-inch meter;

d. Two hundred dollars for a one and one-half-inch meter;

e. Three hundred dollars for a two-inch meter;

f. Three hundred fifty dollars for a three-inch meter;

g. Four hundred fifty dollars for a four-inch meter;

h. Six hundred dollars for a six-inch meter.

D. When fifty percent of the frontage upon such extension has been connected therewith, the balance of the deposit shall be refunded to the applicant but no refund shall be made subsequent to ten years after the completion of the installation of the extension main, and in no event will more than the original cost be refunded.

(Ord. 30 N.S. § 4.04, 1948)

All meters, unless otherwise authorized by the superintendent, shall be and remain the property of the city and will not be removed unless the use of water on the premises is to be entirely stopped or the service connection discontinued or abandoned. In all cases where meters or meter boxes are lost, injured or broken by carelessness or negligence of owners or occupants of the premises, they shall be replaced or repaired by or under the direction of the superintendent and the cost charged against the owner or occupant, and in the case of nonpayment the water shall be shut off as provided in the Section 13.04.290 of this chapter. In the event of the meter getting out of order or failing to register properly the customer shall be charged on an estimate made by the superintendent of the average monthly consumption during the last three months that the same was in good order or from what he may consider to be the most reliable data at his command.

(Ord. 30 N.S. § 4.15, 1948)

Whenever the owner or occupant of any premises connected with the city's water supply system desires to discontinue the use of water he shall make application to have the meter removed from the service.

(Ord. 30 N.S. § 4.06, 1948)

It is unlawful for any person to fail, neglect or refuse to give the superintendent and his duly authorized representatives free access at all reasonable hours to all parts of buildings or premises supplied with water from the city's mains for the purpose of inspecting the condition of pipes and fixtures, noting the amount of water used and the manner in which it is used.

(Ord. 30 N.S. § 4.13, 1948)

In case of any violation of this chapter, the superintendent may cause written notice thereof to be served on the owner or occupant responsible for the violation thereof, which notice shall require the payment of any charges unpaid or the compliance with any provisions of this chapter which have been violated, and if such charges are not paid or such provisions complied with within five days from the time of the serving of such notice, the water shall be turned off from such premises and a two-dollar penalty added for such violation.

(Ord. 30 N.S. § 4.14, 1948)

The city reserves the right at any time to shut off the water supply because of repairs, extensions, nonpayment of rates or any other reason, and the city shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixture, stoppage or interruption of water supply or any other damage resulting from the shutting off of water.

(Ord. 30 N.S. § 4.09, 1948)

The city water department in cases of emergency whenever the public safety, health or the equitable distribution of water so demands, may change, reduce or limit the time in which the water may be used or discontinue the use of water entirely during the emergency.

(Ord. 30 N.S. § 4.07, 1948)

It is unlawful for any person to use any water for irrigation or sprinkling during the process of any fire in the city, unless for the protection of property, and all irrigation and sprinkling shall be immediately stopped when an alarm of fire is sounded in any part of the city, and shall not be begun again until the fire is extinguished.

(Ord. 30 N.S. § 4.08, 1948)

A. Applicability.

1. The provisions of this chapter apply to any person in the use of any potable water in the city.

2. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

3. The provisions of this chapter do not apply to the use of recycled water, with the exception of subsection B.1. of this section.

4. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale, to the use of water in a community garden providing garden plots to the public, or to home fruit and vegetable gardens less than two hundred square feet.

5. This chapter is intended solely to further the conservation of water. It is not intended to implement nor supersede any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.

B. Prohibition Against Waste. The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.

1. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of nine a.m. and seven p.m. Pacific Standard/Daylight Savings Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Watering or irrigating within forty-eight hours after one quarter inch or more of precipitation is received is prohibited.

2. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen minutes watering per day per station/valve/zone. This subsection does not apply to landscape irrigation stations/valves/zones that exclusively use drip type irrigation systems, soaker hoses, bubblers, or high efficiency sprinkler nozzles that have a precipitation rate of less than two gallons per hour; to systems controlled by weather-based irrigation controllers; and systems having stream rotor sprinklers with a seventy percent or greater efficiency standard.

3. Limit on Watering Days. During the months of March through October, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the city. During the months of November through February, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to the following uses of water:

a. To landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour;

b. To watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system;

c. To landscape irrigation zones that are controlled by an activated weather-based irrigation controller;

d. To watering or irrigating a newly installed or significantly rehabilitated landscape for the first sixty days after the first plant is placed in the ground. For the purposes of this section, a significantly rehabilitated landscape is a landscape in which twenty-five percent or more of a property's landscape is replaced.

4. Watering of Turf. Potable water shall not be applied to non-functional turf at commercial, industrial or institutional sites (CII properties), including Homeowner's Association-owned property and common areas of mobile home parks, and apartment, condominium, and townhome complexes. The use of potable water on turf is not prohibited to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address immediate health and safety, sanitation, or fire protection needs as determined by the fire marshal. Unless otherwise permitted by the fire marshal, all watering permitted must be completed in a manner that prevents runoff.

5. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

6. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. Washing down structures, fences, and hard surfaces expressly for the purposes of preparing a surface for the application of a surface coating is not prohibited provided it does not occur more than one time in any twelv month period.

7. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected and in no event more than ten days of receiving written notice from the city, is prohibited.

8. Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.

9. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility that incorporates a recycled or recirculating water system in its operation.

10. Drinking Water Served Upon Request Only. Eating or drinking establishments, including, but not limited to, a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

11. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

12. No Installation of Single Pass Cooling Systems: Installation of single pass cooling systems is prohibited in buildings requesting new water service.

13. No Installation of Nonrecirculating in Commercial Car Wash and Laundry Systems. Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

14. Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.

15. Commercial Car Wash Systems. All commercial conveyor car wash systems must have installed operational recirculating water systems or must have a waiver of this requirement from the city.

16. Construction Activities. Use of potable water for construction site dust control, compaction, and other site activities suitable for nonpotable water is prohibited if recycled water is available within five miles of the construction site.

17. Plumbing System Testing. Use of potable water for plumbing system testing is prohibited unless required by law or alternative testing procedures are determined to be unsuitable by city inspection staff.

18. Pool Covers. Constructing a pool without the inclusion of a pool cover is prohibited. All contracts for the construction of a new pool entered into after September 2, 2015 shall include the provision of a pool cover.

19. Wells. New private water wells are prohibited.

C. Level 1 Water Supply Shortage (one percent—ten percent reduction): A level 1 water supply shortage ("alert" stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a one percent—ten percent consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a level 1 water supply shortage condition, the city will implement an active communication campaign asking the community to conserve water in compliance with the city's permanent water use restrictions.

D. Level 2 Water Supply Shortage (eleven percent—twenty percent reduction): A level 2 water supply shortage ("severe" stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a eleven percent—twenty percent consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a level 2 water supply shortage condition, the city will:

1. Evaluate the water use of individual water utility customers and distribute targeted communications to those water utility customers that are high users or appear to be violating the City's water use rules; and

2. Continue implementing all level 1 response activities.

E. Level 3 Water Supply Shortage (twenty-one percent—thirty percent reduction): A level 3 water supply shortage ("critical 1" stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a twenty-one percent—thirty percent consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a level 3 water supply shortage condition, the city will:

1. Actively enforce the city's current restrictions regarding the limits on watering days contained in Section 13.04.330.B.3;

2. Suspend exemptions 13.04.330.B.3.c. and 13.04.330.B.3.d. to Section 13.04.330;

3. Prohibit the use of potable water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, boat or trailer, whether motorized or not, except at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water. This provision does not apply to bicycles and motorcycles. The use of potable water to clean the windshield, windows, or mirrors of a vehicle by use of a hand-held bucket or similar container is not prohibited;

4. Impose an alternative rate schedule designed for water supply shortage events if such a rate schedule has been adopted by the city council; and

5. Continue implementing all other level 2 response activities.

F. Level 4 Water Supply Shortage (thirty-one percent—forty percent reduction): A level 4 water supply shortage ("critical 2" stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a thirty-one percent—forty percent consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a level 4 water supply shortage condition, the city will:

1. Actively enforce the following limited irrigation schedule: During the months of March through October, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city. During the months of November through February, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system; and

2. Continue implementing all other level 3 response activities.

G. Level 5 Water Supply Shortage (forty-one percent—fifty percent reduction): A level 5 water supply shortage ("emergency 1" stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a forty-one percent—fifty percent consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a level 5 water supply shortage condition, the city will:

1. Actively enforce the following limited irrigation schedule:

a. The watering or irrigating of lawns and turf is prohibited except for turf utilized for active recreation at a school, park, or public facility. Turf used for active recreation at a school, park, or public facility may be irrigated in accordance with all other irrigation restrictions up to two times per week from March—October and one time per week from November—February;

b. Trees, shrubs, and dedicated landscapes that do not contain turf may be watered one time per week in accordance with all other irrigation restrictions; and

2. Consider limits on the issuance of building permits, new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as, will-serve letters, certificates, or letters of availability). The city may consider exemptions to the limitation that include, but are not limited to the following circumstances:

a. A valid, unexpired building permit has been issued for the project;

b. The project is necessary to protect the public health, safety, and welfare; or

c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.

This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less; and

3. Continue implementing all other level 4 response activities.

H. Level 6 Water Supply Shortage (greater than fifty percent reduction): A level 6 water supply shortage ("emergency 2" stage) exists when the city council determines, in its sole discretion, that due to drought, other water supply conditions, or as mandated by the State of California, a water supply shortage or threatened shortage exists and a greater than fifty percent consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a level 6 water supply shortage condition, the city will:

1. Prohibit all irrigation; and

2. Continue implementing all other level 5 response activities.

I. Procedures for Determination/Notification of Water Supply Shortage. The existence of water supply shortage conditions may be declared by resolution of the city council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements relating to each level of water supply shortage conditions will take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city must publish a copy of the resolution in a newspaper used for publication of official notices.

J. Hardship Waiver. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirement as provided in this section.

1. Application. Application for a waiver must be on a form prescribed by the city manager and accompanied by a nonrefundable processing fee in an amount set by city council resolution.

2. Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. Required Findings for Waiver. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property. An application for a waiver will be denied unless the city manager finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and

d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

4. Approval Authority. The city manager must act upon any completed application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the city manager shall be final.

(Ord. 1895 N.S. § 1, 2008: Ord. 30 N.S. § 4.10, 1948)

(Ord. No. 1932 N.S., § 5, 5-27-2009; Ord. No. 2159 N.S., § 4, 9-2-2015; Ord. No. 2177 N.S., § 4, 11-18-2015; Ord. No. 2236 N.S., § 4, 6-7-2017; Ord. No. 2333, N.S., § 4, 5-4-2022; Ord. No. 2342 N.S., § 2, 2-15-2023)

A. Applicability. The provisions of this chapter shall apply to all residential (mobile homes included), commercial, and industrial buildings served by the City of Morgan Hill water utility within the city that use water in showers, toilets, and urinals whenever the title to real property is conveyed from a seller to a buyer, for consideration, by means of a grant deed.

B. Definitions. For the purpose of this chapter, the following words shall have the meanings set forth below:

1. "Buyer" means the person, persons, or entity to whom the title to real property is conveyed.

2. "High efficiency plumbing fixtures" means any fixture that is designated as an USEPA WaterSense fixture; or any showerhead rated to use a maximum of 1.8 gallons of water per minute, any high efficiency toilet rated to use a maximum of 1.28 gallons of water per flush, and any urinal and associated flush valve rated to use a maximum of 0.125 gallons of water per flush.

3. "Retrofit" means the replacement of conventional plumbing fixtures with high efficiency plumbing fixtures. Pre-existing toilets that use not more than 1.6 gallons per flush shall be considered to meet the requirements of this code.

4. "Seller" means the owner of real property prior to the time of sale.

5. "Time of sale" means the date of the recording of the deed transferring legal title to real property to implement the sale of the property.

6. "Transfer of responsibility to retrofit form" means a form provided by the city that certifies that the seller and buyer mutually agree that the responsibility for compliance with the retrofit requirements in this chapter is assumed by the buyer.

7. "Water conservation certificate" means a form provided by the city certifying compliance with the plumbing fixture requirements specified by this chapter.

C. Retrofit Requirements Upon Sale of Real Property.

1. When Required. All existing residential (mobile homes included), commercial, and industrial buildings shall, at the time of sale, be retrofitted, if not already so, exclusively with high efficiency plumbing fixtures. Pre-existing toilets that use 1.6 gallons or less per flush shall be considered to meet the requirements of this code.

2. Responsibilities of Seller. The seller shall be responsible for complying with the requirements of this chapter and for obtaining a water conservation certificate in accordance with Section 13.04.335(E) before the time of sale.

3. Disclosure of Retrofit Requirement. The seller and/or the seller's real estate agent or broker shall give a written statement to the prospective buyer of the requirements of this chapter as soon as practicable prior to the transfer of title. The statement shall either be included in the receipt for deposit in a real estate transaction, an addendum to the real estate transfer disclosure statement, or a separate document. A signed copy of the water conservation certificate and the statement of retrofit requirements shall be included in the transfer documentation.

D. Exemptions.

1. The city manager or designee may grant an exemption to the provisions of this chapter to any person if the city manager or designee determines that the unique configuration of a building drainage system or portions of a public sewer, or both, are incompatible with high efficiency toilet specifications and require a greater quantity of water to flush the system in a manner that is consistent with public health.

2. Structures that are considered architecturally significant and which are listed as such in a recognized federal, state, or local historic registry or in the city's general plan are exempt from the requirements of this chapter when both of the following circumstances exist: authentic historic plumbing fixtures are presently in place in the structure, and the plumbing fixtures cannot be replaced by matching high efficiency fixtures.

E. Verification of Compliance.

1. Upon retrofitting with high efficiency plumbing fixtures, prior to time of sale, the seller shall verify compliance by one of the following methods:

a. Physical inspection of the building by a licensed plumber to perform an on-site property inspection and to certify that the plumbing fixture requirements specified in this chapter have been satisfied;

b. Participation in the city toilet rebate program, where documentation of an inspection demonstrates that the retrofit requirements of this chapter have been satisfied;

c. Documentation that all structures that include plumbing fixtures on the property changing ownership were constructed or renovated in 1994 or later

2. Once compliance with the requirements of this chapter has been verified, a water conservation certificate will be issued to the seller within two business days.

3. The city manager or designee may waive re-inspection and/or further proof of retrofit when a property already certified undergoes a subsequent sale. Water conservation certificates shall be maintained on file at the department in order to provide future verification that high efficiency plumbing fixtures have been installed.

F. Persons Authorized to Perform Plumbing Fixture Inspections. The following persons shall be authorized to perform an inspection of plumbing fixtures for the purpose of verifying compliance with the provisions of this chapter:

1. A plumbing contractor who holds a valid contractor's license issued by the state of California;

2. Other persons approved by the city manager or designee to perform plumbing fixture inspections.

G. Option to Transfer Responsibility for Retrofitting. Before the time of sale, the seller and buyer of any property may mutually agree to transfer responsibility for compliance with this chapter to the buyer. In the event the buyer agrees to assume responsibility for retrofitting, the buyer shall complete the retrofit within one hundred eighty calendar days from the date of the sale. Before the time of sale, the seller and buyer shall complete all of the following procedures:

1. The seller shall request from the department a transfer of responsibility to retrofit form. Both the seller and buyer shall sign the form certifying that the buyer has assumed responsibility for the retrofit;

2. The seller shall file the signed transfer of responsibility to retrofit form with the department and include it in the real estate transfer documentation in lieu of the water conservation certificate;

3. Upon completing the retrofit, the buyer shall contact the department to verify compliance. A water conservation certificate shall be issued to the buyer upon verification of compliance in accordance with Section 13.04.335(E).

H. Penalties for Violation—Enforcement.

1. Violation. It is unlawful for any person, firm, partnership, association, or corporation to fail to comply with the retrofit requirements of this chapter, or to alter or replace high efficiency plumbing fixtures required by the chapter with other than high efficiency plumbing fixtures.

2. Notice of Correction. Whenever the city manager or designee determines that there is a property where high efficiency plumbing fixtures have not been installed as required by this chapter or where such fixtures have been removed since initial installation and replaced with other than high efficiency plumbing fixtures or a water conservation certificate is not on file, the city manager or designee may serve a notice of correction on the owner(s) of the property on which the violation is situated and any other person responsible for the violation. The owner of record shall have ninety days to take corrective action.

3. Persons Liable. No liability shall arise, nor shall any action be brought or maintained against, any agent of any party to a transfer of title, including any person or entity acting in the capacity of escrow officer, for any error, inaccuracy, or omission relating to compliance with this chapter. However, this section does not apply to a licensee, as defined in Section 10011 of the California Business and Professions Code, where the licensee participates in the making of the disclosure required to be made pursuant to this chapter with actual knowledge of the falsity of the disclosure. Except as otherwise provided in this chapter, this section shall not be deemed to create or imply a duty upon a licensee, as defined in Section 10011 of the California Business and Professions Code, or upon any agent of any party to a transfer of title, including any person or entity acting in the capacity of an escrow officer, to monitor or ensure compliance with this chapter, or to notify any person of requirements to comply with this chapter.

4. A transfer of title is not invalidated on the basis of failure to comply with this chapter.

5. Enforcement through water service installation.

a. In addition to the enforcement remedies provided in Title 1 of the Morgan Hill Municipal Code, the city council finds and declares that instituting additional enforcement remedies specifically applicable to the inspection of retrofit fixtures and high efficiency plumbing fixtures are in the public's interest.

b. Water and sewer utility service may not be started at a property that has been sold and does not have a valid water conservation certificate or an executed transfer of responsibility to retrofit form or is otherwise exempt per Section 13.20.070(H).

c. To the extent allowed by law, water and sewer utility service may be discontinued to any property at which service was initiated using a transfer of responsibility to retrofit form once one hundred eighty days has elapsed since the start of service and a water conservation certificate has not been obtained and verified.

I. Civil Remedy. If the seller fails to comply with the retrofit requirements, the buyer shall install the high efficiency plumbing fixtures and verify compliance in accordance with Section 13.04.335(E) within ninety days from the notice of correction. Any seller who fails to comply with the requirements of this chapter is liable to the buyer in the amount of two hundred and fifty dollars for each fixture that does not comply with this chapter at the time of sale, or the actual costs of the buyer to comply with this chapter, whichever amounts are greater.

(Ord. No. 2323, § 1, 6-2-2021, eff. 1-1-2022)

Editor's note— Ord. No. 2323, § 1, adopted June 2, 2021 shall take effect January 1, 2022.

It is unlawful for any person to make connections with any fixtures or connect any pipe with any water main or water pipe belonging to the municipal water supply system, without first obtaining permission so to do from the superintendent. In addition to all other available remedies, any person in violation of this section shall be held responsible for all past water charges.

(Ord. 1320 N.S. § 16, 1997: Ord. 30 N.S. § 4.23, 1948)

(Ord. No. 2276 N.S., § 48, 5-2-2018)

It is unlawful for any person to bathe in, fish or throw any substance into any reservoir, or place any foreign substance upon any grounds belonging to, connected with or under the control of the municipal water supply system of the city.

(Ord. 30 N.S. § 4.19, 1948)

It is unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material or to wilfully or carelessly injure the same, or to open or operate any fire hydrant, or to draw water therefrom, except as provided in Section 13.04.340 of this chapter.

(Ord. 30 N.S. § 4.22, 1948)

It is unlawful for any person except when duly authorized by the superintendent, or who is a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any pipe, fire hydrant, stop valve or stopcock belonging to the city.

(Unnumbered Ord. dated 2/9/60: Ord. 30 N.S. § 4.20, 1948)

It is unlawful for any person, unless duly authorized by the superintendent, to disturb, interfere with or damage any water main, water pipe, machinery, tools, meters or any other appliances, buildings, improvements, lawns, grass plots, flowers, vines, bushes, trees or other property belonging to, connected with or under the control of the municipal water supply system of the city.

(Ord. 30 N.S. § 4.21, 1948)

It shall be the duty of the employees of the police, fire, community development, community services, and engineering and utilities departments to give vigilant aid to the city manager in the enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which shall come to their knowledge, to the office of the city manager and it shall be the duty of the chief of the fire department to report immediately to the city manager in case of fire in premises, having metered service for fire protection purposes that fire has occurred there.

(Ord. 30 N.S. § 4.24, 1948)

(Ord. No. 1932 N.S., § 6, 5-27-2009; Ord. No. 2159 N.S., § 5, 9-2-2015; Ord. No. 2236 N.S., § 5, 6-7-2017; Ord. No. 2333, N.S., § 5, 5-4-2022)

A. Penalty. Any person violating or causing or permitting to be violated, any of the provisions of this chapter, is deemed guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than thirty days. Every such person shall be deemed to be guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.

B. Notwithstanding any other provision of this code, whenever a violation of any section contained in this chapter is punishable as a misdemeanor, the city attorney may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being made an infraction, in which event the court may elect to have the complaint amended to charge as a misdemeanor, and the case shall proceed on a misdemeanor charge.

C. Violation of Section 13.04.330. In addition to all other available remedies, including penalties available pursuant to subsection A. or B. of this section, any person violating or causing or permitting to be violated any provision of Section 13.04.330 shall be subject to the following penalties and fines pursuant to the authorities and procedures set forth in Chapter 1.19:

1. First Violation. The City of Morgan Hill will issue a written warning and deliver a copy of the ordinance codified in this section by mail.

2. Second Violation. A second violation within any consecutive twelve-month period is punishable by a fine not to exceed one hundred dollars. The fine for a second violation shall be three hundred dollars if the violation occurred during a city council declared water supply shortage condition.

3. Third Violation. A third violation within any consecutive twelve-month period is punishable by a fine not to exceed two hundred dollars. The fine for a third violation shall be six hundred dollars if the violation occurred during a city council declared water supply shortage condition.

4. Subsequent Violations. Any subsequent violations within any consecutive twelve-month period are punishable by a fine not to exceed one thousand five hundred dollars and subject to installation of a water flow restrictor device of approximately one gallon per minute capacity for services up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight hours.

a. In addition to any other fines or penalties, a person who violates provisions of Section 13.04.330 is responsible for payment of the City of Morgan Hill's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the city before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

b. The first installation of a flow-restricting device shall remain in place for a minimum of three days and shall be removed by the city not more than ten days after installation. The second installation of a flow-restricting device, for continued violation of this chapter, shall remain in place for a minimum period of ten days before being removed by the city no later than thirty days thereafter. Normal water service shall not be restored until all installation and removal costs of flow-restricting devices have been paid.

5. Separate Offenses. Each day that a person violated provisions of Section 13.04.330 shall constitute a separate violation or offense.

D. All remedies provided for herein shall be cumulative and not exclusive.

(Ord. No. 2276 N.S., § 48, 5-2-2018; Ord. No. 2333, N.S., § 6, 5-4-2022)

Editor's note— Ord. No. 2276 N.S., § 48, adopted May 2, 2018, amended § 13.04.400 in its entirety to read as herein set out. Former § 13.04.400 pertained to violation—penalty and derived from Ord. 30 N.S., § 4.31, adopted in 1948; Ord. 73 N.S., § 1, adopted in 1957; Ord. 788 N.S., § 2(part), adopted in 1986; Ord. No. 1932 N.S., § 7, adopted May 27, 2009; and Ord. No. 2236 N.S., § 6, adopted June 7, 2017.