Oceanside Municipal Code Art. I In General

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Capacity fees or capacity buy-in fees mean fee(s) charged to property owner for new or additional water and/or wastewater service to city systems. Fees are based on the latest adopted capacity buy-in fees by meter size and usage type. Water system capacity buy-in fees include meter only, water system capacity buy-in fee, San Diego County Water Authority Capacity Charge, San Diego County Water Authority Water Treatment Capacity Charge. Waste capacity buy-in fee includes wastewater system capacity buy-in fee.

Dwelling unit. "Dwelling unit" is one (1) or more habitable rooms which are occupied or which are intended or designed to be occupied by one (1) or more individuals with facilities for living, sleeping, cooking and eating and includes a mobilehome; and in the case of hotels and rooming houses, a "dwelling unit" shall consist of five (5) rooms of the rooms intended to be occupied on a rental basis for residency purposes. "Dwelling unit" shall also mean each five (5) rental spaces in a recreational trailer park.

Mobile home. "Mobile home" is a vehicle designed and equipped for human habitation and for being drawn by a motor vehicle. It is designed to be used as a more or less permanent place of abode, as distinguished from a recreational vehicle, which is designed for a temporary or emergency use.

Mobile home park. "Mobile home park" is any area or tract of land where one or more mobile home lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation.

Recreational trailer park. "Recreational trailer park" is defined as any area or tract of land within an area zoned for recreational use where one or more lots are rented or leased, or held out for rent or lease, to owners or users of recreational vehicles or tents, and which is occupied for temporary purposes.

Recreational vehicle. "Recreational vehicle" is a camp car, motor home, travel trailer, or tent trailer with or without motive power designed for human habitation for recreational or emergency occupancy.

Water department. "Water department" means that certain department, branch or functions of the city which care for, maintains, constructs and operates pumps, plants, reservoirs, mains and all necessary facilities for the acquiring, developing, storing, transmitting, distribution and selling of water within the city. It shall include all officers, agents, servants and employees engaged in such work or service.

Water utilities director. "Water utilities director" shall mean the person designated by the city manager to have charge of the administration and supervision of the water department and such other duties as the city manager may prescribe.

(Ord. Code, §§ 3610 to 3610.31; Ord. No. 65-26, § 5; Ord. No. 68-38, § 2; Ord. No. 69-26, § 1; Ord. No. 70-34, § 1, 9-10-70; Ord. No. 74-64, § 3, 12-18-74; Ord. No. 95-017, § 1, 10-18-95; Ord. No. 05-OR0343-1, § 1, 5-4-05; Ord. No. 21-OR0475-1, § 1, 6-16-2021)

The director of the water department may make, from time to time, rules and regulations, not in conflict with this chapter or any other section of this Code, governing the water department and the use and consumption of water, subject to the approval of the city council; and all consumers shall observe such rules and regulations to the same extent as though set forth in this chapter.

(Ord. Code, § 3651; Ord. No. 95-017, § 2, 10-18-95)

No person shall wilfully or neglectfully wastewater in any manner whatsoever; and any person having knowledge of any condition whereby water is being wasted shall immediately notify the water department of such fact.

(Ord. Code, § 3653)

For any house or building where water heaters of any description are used, the owner shall have a check valve installed on the water department inlet service pipe to protect meters and water department service mains.

(Ord. Code, § 3654)

No person shall draw water from any water department main directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

(Ord. Code, § 3655)

The water department reserves the right to install at a convenient place on the consumer's premises, a pressure recorder to determine if the preceding section is being violated.

(Ord. Code, § 3655.1)

Where the city water is used to supply a steam boiler, hydraulic elevator or power pump, its owner shall provide a tank of sufficient capacity to afford a supply of at least twelve (12) hours into which the service pipe shall be discharged.

(Ord. Code, § 3655.2)

Editor's note— Ord. No. 18-OR0118-1, § 1, adopted March 28, 2018, repealed § 37.8. Former § 37.8 pertained to protection of the Oceanside Public Water System from contamination and pollution at service connections and derived from Ord. No. 80-21, adopted July 16, 1980; and Ord. No. 84-12, adopted February 22, 1984.

All applications for water service shall be made to the utility billing office of the finance department. Applications received before 2:00 p.m. Monday through Thursday and before 3:00 pm on Fridays, will be processed so as to provide water service on the day the application is made, and a fee will be charged for this service. Applications received after 4:00 p.m. Monday through Thursday and after 3:00 p.m. will be processed so as to render water service the following regular working day, and a fee will be charged for this service. All fees for services will be established by adoption of a resolution by the city council. Customers with a household income below two hundred (200) percent of the federal poverty level may have a lower fee for regular turn-on and after hours turn-on services, per state law.

(Ord. Code, § 3657; Ord. No. 74-63, § 1, 2-18-74; Ord. No. 83-26, § 1, 7-13-83; Ord. No. 84-22, § 1, 5-23-84; Ord. No. 17-OR0204-1, § 1, 4-5-2017; Ord. No. 21-OR0475-1, § 3, 6-16-2021)

No person shall in any manner whatever meddle or tamper with or interfere with any part of the waterworks of the city.

(Ord. Code, § 3657)

Any authorized employee of the water department shall be admitted at all reasonable hours to all parts of the premises supplied with water to see that regulations are observed.

(Ord. Code, § 3658)

Editor's note— Ord. No. 21-OR0475-1, § 4, adopted June 16, 2021, repealed § 37.12, which pertained to authority to employ; bonds and derived from Ord. Code, § 3661; and Ord. No. 95-017, § 2, adopted Oct. 18, 1995.

On failure to comply with the rules and regulations established by the water department as a condition precedent to the right to the use of water, or to pay rates or any charges imposed, in the time and manner stated in this chapter, the water may be shut off until payment of amount due is made, with a penalty in addition for the expense of turning the water off and on. The amount of the penalty is established by city council resolution.

(Ord. Code, § 3662; Ord. No. 74-63, § 2, 12-18-74; Ord. No. 83-26, § 2, 7-13-83)

The water department shall have the right at any time, and at any point where water is used, to install a water meter of adequate size, and enforce collection for the amount of water that shall be used, in accordance with all the ordinances, rules and regulations of the water department governing the consumption of water, and for that purpose may at any time go upon the premises of the consumer of water.

(Ord. Code, § 3663)

The director of the water department may discontinue water services to any premises when any inspector, foreman or any employee or authorized representative of the water department is refused entry to any premises supplied with water by the city, or upon entry, such person is hindered or prevented from conducting maintenance, inspection or other necessary business relating to the city's delivery of water. The director of the water department shall discontinue water services only after providing written notice to the owner or occupant of the director's intention to do so.

(Ord. Code, § 3664; Ord. No. 95-017, § 2, 10-18-95; Ord. No. 21-OR0475-1, § 5, 6-16-2021)

Such notice as is provided for in the preceding section shall be deemed served upon the owner or occupant thereof if it is mailed to his last-known address, and a copy thereof mailed to such premises if his mailing address is not at such premises.

(Ord. Code, § 3664.1)

Service of water may be discontinued until the owner or occupant has given satisfactory assurance to the director of the water department that any such inspector, foreman or employee will not be hindered or prevented from making such examination or inspection.

(Ord. Code, § 3664.2; Ord. No. 21-OR0475-1, § 6, 6-16-2021)

The city will not be responsible for damages to buildings or their contents from any break beyond the meter box or meter vault.

(Ord. Code, § 3666; Ord. No. 21-OR0475-1, § 7, 6-16-2021)

There shall be an angle stop valve in every attachment on the sidewalk just inside the curb, or in the alley, at a point to be designated by the director of the water department, which angle stop and its meter box shall be supplied by the water department, and shall be for its exclusive use and under its exclusive control.

(Ord. Code, § 3665; Ord. No. 95-017, § 2, 10-18-95; Ord. No. 21-OR0475-1, § 8, 6-16-2021)

The water customers are hereby required, for their own protection, to provide at their own expense an angle stop valve to be placed on the property served within three (3) feet of the water meter.

(Ord. Code, § 3666.1; Ord. No. 21-OR0475-1, § 9, 6-16-2021)

The 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. The water department also reserves the right at any time to shut off the water supply or reduce the flow of water, because of repairs, extensions, nonpayment of rates or any other reason, without notice.

(Ord. Code, §§ 3667, 3667.1; Ord. No. 21-OR0475-1, § 10, 6-16-2021)

The water department 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. Code, § 3667.2)

The director of the water department is hereby charged with the duty of enforcing this chapter; and it shall be the duty of the employees of the police, fire and public works departments to give vigilant aid to the director of the water department in his or her enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which come to their knowledge to the office of the director.

(Ord. Code, § 3668; Ord. No. 95-017, § 2, 10-18-95; Ord. No. 21-OR0475-1, § 11, 6-16-2021)

A reserve fund of the water department shall be established and adjusted annually as part of the budget process in the annual budget of the water department. The amount of this fund will be determined by the director of the water department, the financial services director and the assistant city manager. This fund will be known as the water department Restricted-45 Day OP Reserve.

(Ord. Code, § 3669; Ord. No. 82-36, § 1, 8-11-82; Ord. No. 21-OR0475-1, § 12, 6-16-2021)

The fund established by section 37.24 shall be used for the replacement, renewal, remodeling or emergency repairs or for the operation of pumps, motors, wells, electrical equipment, pipelines, buildings, reservoirs, vehicles, equipment, or any facilities for production, transmission, storage, legal fees and expenses, and the distribution of water for the city, and shall not be used for any other purpose.

(Ord. Code, § 3669.1; Ord. No. 82-36, § 2, 8-11-82; Ord. No. 21-OR0475-1, § 13, 6-16-2021)

No fire line shall be used for any purpose other than for the extinguishment of fire, unless the same be equipped with a meter, in which event the regular rates shall be charged, together with the cost of the meter.

(Ord. Code, § 3681)

Where a privately-owned fire line is used for fire purposes only, and is connected to a sprinkler system or other standard fire hydrant, the owner shall be responsible for all service connections from the main to the curb valve and shall also pay a monthly fire service fee as established in section 37.36.

(Ord. Code, § 3682; Ord. No. 21-OR0475-1, § 14, 6-16-2021)

Upon failure to pay such charges as are provided for in section 37.27, water will be shut off until such charge is paid.

(Ord. Code, § 3683)

Fire hydrants are provided for the sole purpose of providing connections for the extinguishing of fires, and shall be opened and used only by the water and fire departments or such persons as shall be authorized to do so by the director of the water department.

(Ord. Code, § 3684; Ord. No. 95-017, § 2, 10-18-95)

All persons using water from fire hydrants or other hydrants owned or controlled by the city shall be required to obtain a water meter so from the director of the water department, after completing the appropriate application and paying any required deposit. Temporary construction meters installed on a publicly-owned fire hydrant to supply water are not designed to provide potable water service in place of purchasing and installing a permanent water service and shall be allowed for a maximum of three (3) years unless authorized by the water utilities director.

(Ord. No. 21-OR0475-1, § 15, 6-16-2021)

Editor's note— Ord. No. 21-OR0475-1, § 15, adopted June 16, 2021, repealed the former § 37.30 and enacted a new § 37.30 as set out herein. The former § 37.30 pertained to use of fire hydrants—permit and derived from Ord. Code, § 3684; Ord. No. 95-017, § 2, adopted Oct. 18, 1995.

All persons permitted to open fire hydrants will be required to replace caps on the outlets when the same are not in use. Failure to do so will be sufficient cause to prohibit further use of the hydrants, and the refusal to grant subsequent permits for the use of fire hydrants.

(Ord. Code, §§ 3686, 3687)

All bills for labor, material furnished, or other charges not provided for otherwise, shall become due and payable at the same time and in the same manner as the next regular billing for water, and shall become delinquent at the same time as is provided for delinquent payments on regular water bills.

(Ord. Code, § 3621; Ord. No. 75-1, § 1, 1-8-75)