Chapter 8B — WATER SERVICES

• Chapter 8B, incorporating §§ 6-8.50 through 6-8.61, amended in its entirety by § 6, Ord. 2785, eff. November 16,

6-8.45 Definitions 6-8.46 Rules and regulations 6-8.47 Tampering 6-8.48 Service connections outside city 6-8.49 Collection and payment 6-8.50 Disabled person's and senior citizen's discount 6-8.51 Service fees and charges 6-8.52 Water service 6-8.53 Reserved 6-8.54 Reserved 6-8.55 Water meters 6-8.56 Fire hydrants 6-8.57 Reserved 6-8.58 Reserved 6-8.59 Reserved 6-8.60 Emergency water regulations 6-8.61 Violations

For the purposes of this chapter, unless otherwise apparent from context, certain words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter. (a) “City” means the City of Ontario, California. (b) “City Council” means the City Council of the City of Ontario, California. (c) “City Manager” means the City Manager of the City of Ontario, or his or her authorized representative. (d) “Construction water” means the water, potable or recycled, used in conjunction with the building of a structure from conception to transfer of ownership, excluding landscape irrigation, or the water used for soil consolidation, dust control, and the like, during grading operations. (e) “Cost” means the monetary value of labor, material, material transportation, supervision, engineering, administration, and other necessary overhead expenses. (f) “Customer” means a person, firm, or corporation who is the recipient of water service from the City. (g) “Developer” means a person, firm, corporation, partnership, or association who desires water service which requires the installation of new, improved or expanded water service facilities for him or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not developers. (h) “Municipal Utilities Company” means the Municipal Utilities Company of the City of Ontario.

(i) "Service" or "water service" means the furnishing of water to a customer. (j) “Service connection” shall mean the water pipe, or pipes, and appurtenances installed by a developer to transport potable water from adjoining City facilities located within a public right-of-way or public utility easement to the developer’s parcel of land. Said service connections shall terminate at the customer side of the meter and meter box located at a specified place approved by the City. (k) “Utilities Customer Services Department” means the Utilities Customer Services Department of the Municipal Utilities Company. (l) “Utilities Customer Services Director” means the Director of the Utilities Customer Services Department of the Municipal Utilities Company, or his or her authorized representative. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 2, Ord. 2914, eff. January 1, 2010, and § 2, Ord. 2946, eff. January 6, 2012; § 2, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

Rules and regulations explaining the procedures and methods of the Municipal Utilities Company in carrying out the provisions of this chapter shall be set forth and may be amended in the manner described in § 1-1.09 of this Code. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 3, Ord. 2946, eff. January 6, 2012, § 1, Ord. 3153, eff. January 21, 2020, § 2, Ord. 3297, eff. March 18, 2025)

No person except an employee or representative of the City shall at any time and in any manner operate the curb stops or valves or the main gates or valves of the City's water system, or interfere with meters or their connections, street mains, or other parts or facilities of the water system. (§ 6, Ord. 2785, eff. November 16, 2003, § 2, Ord. 3297, eff. March 18, 2025)

No additional customers outside the City shall be served or connected to the water system of the City, and no additional dwellings or customers shall be connected to existing service connections outside the City; provided, however, the City Council may by motion approve water service outside the City where the owners of land have signed a covenant running with the land that the land shall be annexed whenever possible, and the City Council finds that such annexation would be in the public interest, and the annexation might reasonably be completed within the foreseeable future. The City Council may, however, provide otherwise by written agreement with any city, county, or other governmental agency. (§ 6, Ord. 2785, eff. November 16, 2003, § 2, Ord. 3297, eff. March 18, 2025)

(a) Unified billing system. The City may use a unified billing system for City-furnished services. The charges for water, refuse, storm water abatement, and wastewater services may be billed on the water bill and collected as one (1) item. Failure to pay the amount due in full for any of the services may result in the discontinuation of water services as provided below. (b) Utility bill payment. Utility bills shall be due and payable to the Utilities Customer Services Department on the bill date to the customer of record. Any utility bill remaining unpaid eighteen (18) business days after such bill date

shall be deemed past due and a late charge and penalties will be applied as set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code. Should a residential account remain unpaid for a period of sixty (60) calendar days from the past due date, water service to the property may be disconnected for nonpayment after the City provides notice pursuant to the City’s administrative policy on discontinuation of residential water service, described in subsection (c) below. Should a non-residential account remain unpaid from thirty (30) calendar days from the past due date, water service to the property may be disconnected for non-payment after mailed notice to the customer of record at least ten (10) calendar days prior to termination. Residential water customers may contest or appeal a bill in the manner described in the City’s adopted policy for discontinuation of residential water service. Non-residential customers may contest or appeal a bill using the same dispute and appeal procedures described in the policy for discontinuation of residential water service. (c) Disconnection of residential water service. The City Manager may adopt and amend a written administrative policy on discontinuation of residential water service for nonpayment pursuant to § 6-8.46, and such policy shall be available on the City's website. Such policy may include, but may not be limited to, supplementary provisions concerning billing procedures, discontinuation of service, notification procedures, restoration of service, procedures to contest or appeal a bill, extensions or other alternative payment arrangements, protections available to qualified low- income customers, procedures for becoming a customer of the City under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control. Except as expressly provided in this section or the policy, the policy shall not apply to non-residential customers. (d) Water turn on/off. Once terminated, service shall not be turned on again except upon payment of all amounts due on the utility account, including all late charges and penalties, and the cost of making a service call to turn the water off and/or on. The fee to cover the cost of making a service call to turn the water off and/or on shall be set forth in an ordinance adopted by the City Council. Residential customers who demonstrate a household income below 200% of the federal poverty line may be eligible for reduced turn-on fees pursuant to applicable law and as further described in the City's policy on discontinuation of residential water service. (e) Customer liability. Failure to receive a bill shall not relieve the customer of liability. Any amount due shall be deemed a debt to the City, and is subject to the provisions set forth in §§ 1-2.06 and 1-2.07 of the Municipal Code. (f) Special bill rate. Special bills, split bills, any other irregular bills, or bills covering irregular billing periods, shall be calculated by the Municipal Utilities Company; provided, however, the adjusted rate so made shall be reasonable in accordance with the rate schedule set forth in this section. (g) Determination of minimum charges. For the purpose of determining minimum charges as set forth in this section, each separate meter connected to the water system shall be charged on individual readiness-to-serve meter fee and commodity charge. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 4, Ord. 2946, eff. January 6, 2012; § 3, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

(a) Disabled person defined. A “disabled person,” for the purposes of this section, is an adult who has a mental or physical disability that, in the opinion of a licensed physician, renders him or her incapable of being gainfully employed. (b) Eligible household. An eligible household, for the purpose of this section, is a separately billed dwelling unit, which is (1) occupied by a person age sixty-five (65) or older, or by a disabled person, and (2) has annual gross household income at or below 200% of federal poverty level. The City may establish detailed qualifications and

requirements for demonstrating annual gross household income in a written administrative policy adopted pursuant to § 6-8.46. (c) Applications. Applications for an eligible household discount shall be submitted in writing to the Utilities Customer Services Director. The application shall be on a form provided by the Utilities Customer Services Director, shall be completed to show the information elicited by the form and shall be signed under penalty of perjury by the applicant. When the discount is sought based upon a disabled person, the application shall be accompanied by a physicians certificate stating that the person is a disabled person within the meaning of subsection (a) of this section. The Utilities Customer Services Director shall determine whether a household is an eligible household for the purpose of this section and his or her determination shall be final. (d) Discount. The charges for water, refuse and wastewater service provided to an eligible household, shall be discounted by an amount approved by the City Council pursuant to an ordinance or resolution. The discount shall be available only to customers with individually metered residential water service. The discount shall be in effect for a one (1) year period, which shall begin as determined by the City Council (e.g., upon approval of an individual application, upon the start of the following fiscal year, etc.). To renew the discount for an additional year, the customer must complete and return a renewal application to the City’s Utilities Customer Services Department. A renewal notice shall be mailed to the customer with the utilities bill at or before the end of each year of eligibility. The discount offered under this subsection is subject to City Council approval through the annual budget process and the availability of funds allocated to fund the discount. (e) Termination of eligibility. A household shall no longer be an eligible household if the Utilities Customer Services Department does not receive a renewal application, if any of the eligibility criteria set forth in subsection (b) above cease to exist, or if funds to provide the discount are unavailable pursuant to subsection (d). (§ 6, Ord. 2785, eff. November 16, 2003; § 5, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

(a) Residential, non-residential, and private fire service water fees and charges. In addition to other fees, assessments, or charges provided by the Municipal Code or adopted by the City Council, the owner or occupant of any parcel of property for which no other water service fee or charge is provided, and which parcel of property is connected to the water system of the City, shall pay monthly water service fees and charges as established from time to time by resolution of the City Council. (b) Turning water supply on and off. No charge shall be made for shutting off and turning on water supply when requested by the customer for the closing of an old account or the beginning of a new one. When service has been discontinued due to non-payment of utility bills or for any infraction of the rules, the charges to restore water service shall be as listed above. The customer shall pay these charges, plus the amount of any outstanding bills, before service can be restored. (c) Construction water. All construction water shall be metered and charged. (d) Temporary service connection. Temporary service connections shall be subject to the fees and deposits as established from time to time by resolution of the City Council. All water delivered through a temporary service connection shall be metered and charged. (e) Water meter testing fee. Water meter testing fee shall be based on the actual costs of removal, testing and reinstallation of the meter. (f) Reserved. (g) Other water service work. This charge is based on actual time, travel and material cost based on the City’s burden of labor and overhead rates in effect at the time service is provided. (h) Reserved.

(i) Charges for agricultural use. Charges for usage of recycled water for agricultural service, where the agricultural use provides assignment of water production rights to the City, shall be determined by the Utilities General Manager; provided, however, such charges will be consistent with the most recent rate study and current rates charged by the Chino Basin Watermaster for replenishment assessments. (j) Charges for unmetered service. Unmetered usage of water and charges for unmetered usage of water shall be authorized by the Utilities General Manager prior to such usage; provided, however, such charges shall be reasonably in accordance with the charges established by resolution adopted by the City Council. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 5, Ord. 2806, eff. January 21, 2005, §§ 4, 5, 6 and 7, Ord. 2816, eff. December 1, 2005, § 2, Ord. 2880, eff. February 4, 2008, § 3, Ord. 2914, eff. January 1, 2010, § 2, Ord. 2974, eff. December 19, 2013, § 5, Ord. 3133, eff. July 5, 2019, § 2, Ord. 3297, eff. March 18, 2025, § 2, Ord. 3333, eff. May 21, 2026)

(a) Application for water service. Before water is turned on by the City for any purpose, the customer shall apply for new service, at least one (1) business day before desired date of service, in which he or she guarantees payment of future utility bills for the service requested. The customer applying for service shall be held responsible for said utility bills until the service is discontinued on the next business day after the City is notified to discontinue service. When such notice is not received by the City, the customer shall be required to pay for service until one (1) business day after the City has knowledge that the customer has vacated the premises or otherwise discontinued service. No tenant applying for residential utility services shall be required to pay any charges or penalties on account of non-payment of charges by a previous tenant. The City may require that tenants seeking to establish service provide a written lease or rental agreement along with signed authorization from the landlord or property owner to ensure that the tenant is authorized to occupy the property and initiate utility services; provided, however, that the City will not require that service to tenants be furnished on the account of the landlord or property owner unless the property owner voluntarily agrees to that requirement in writing by completing a consent form provided by the City. The City shall require an applicant for utility services or restoration of services after turn-off for a delinquent bill to make an advance payment equal to twice the estimated monthly bill for water, refuse and wastewater services, provided that no such advance payment shall be less than eighty dollars ($80.00). (b) Water used without application. A customer taking possession of premises and using water from an active service connection without having applied for utility services shall be held liable for the water delivered from the date of the last recorded meter reading. If the meter is found inoperative, then the quantity consumed shall be estimated. If proper application for utility services is not made upon notification to do so by the City, and if accumulated bills for services are not paid immediately, the services may be discontinued without further notice. (c) New service connection. For new, improved or expanded service connection, the customer shall submit an application in accordance with §§ 6-8.809 and 6-8.810 of Chapter 8D of Title 6 of the Municipal Code. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by §§ 8 and 9, Ord. 2816, eff. December 1, 2005, § 5, Ord. 2946, eff. January 6, 2012, § 3, Ord. 2974, eff. December 19, 2013, § 2, Ord. 3039, eff. March 3, 2016; § 6, Ord. 3251, eff. July 20, 2023, § 2, Ord. 3297, eff. March 18, 2025)

(a) Accuracy of meter questioned by consumer. When the consumer questions the accuracy of the water meter, the City Manager shall, upon request and payment of the water meter testing fee, cause an official test to be made. Meters are tested by certified testers contracted by the City. The meter shall be tested on variable rates of delivery and, if the average registration is more than three percent (3%) in excess of the actual quantity of water passing through the meter, another meter shall be substituted therefor. The City Manager shall refund to the consumer, in addition to the meter testing fee charged at the rate shown in § 6-8.51(e), the overcharge based upon the reading and billing for the current period preceding the test, unless it can be shown that the error was due to some cause for which the date can be fixed. In the latter case, the overcharge shall be computed back to and not beyond such time. (b) Non-registering meters. The City may bill the customer for water consumed while the meter was non- registering, but not to exceed a period of two (2) months, at the minimum monthly meter rate, or upon an estimate of the consumption based upon the customer’s prior use during the same season of the year, if conditions were similar, or upon an estimate based upon reasonable comparison with the use of other customers during the same period receiving the same class of service under similar circumstances and conditions. (c) Meter errors. When it is found that error in a meter is due to some cause, the date of which can be fixed, the overcharge or the undercharge shall be computed back to but not beyond such date, not to exceed the current statute of limitations law. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 7, Ord. 2946, eff. January 6, 2012, § 2, Ord. 3297, eff. March 18, 2025)

(a) Purpose of fire hydrants. Fire hydrants are provided for the sole purpose of extinguishing fires, and are to be opened and used only by the Fire Department and Municipal Utilities Company, or such other persons as are specifically authorized by the Municipal Utilities Company. To insure safety of fire hydrants for fire protection, any person or persons authorized by the Municipal Utilities Company to open fire hydrants shall be required to use only an approved spanner wrench, and to replace the caps on outlets when the same are not in use. Failure to meet this requirement shall be sufficient cause to prohibit further use of the hydrants, and the refusal of subsequent authorization for use of the fire hydrants. Damage caused by the failure to comply with the above shall be repaired at the expense of the person(s) authorized. (b) Unlawful to take water without permit. It is unlawful for any person to take any water from any fire hydrant without a written permit, furnished upon application to the Municipal Utilities Company. Said application shall include a monthly permit fee and deposit equal to the replacement value of meter and backflow valve. Any person taking water from a hydrant without a permit shall be assumed to have taken water in the value of at least One Thousand Dollars ($1,000.00) and shall be charged for said amount. (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 8, Ord. 2946, eff. January 6, 2012, § 2, Ord. 3297, eff. March 18, 2025)

(a) Unplanned interruption of water supply. In the event of an unplanned interruption of water supply causing a water shortage, the City Manager or his or her designee is authorized to restrict water use and apportion the available supply of water among its customers in the most equitable manner possible to continue service fairly and without discrimination, except that preference shall be given to such service as is essential to the public interest and to the preservation of life and health pursuant to § 6-8.22(b). (b) Notice of water shortage. A notice of a water shortage shall be published in a daily newspaper of general circulation within the City. Any restrictions on the use of water shall become effective immediately upon such publication pursuant to § 6-8.22(c). (§ 6, Ord. 2785, eff. November 16, 2003, as amended by § 10, Ord. 2946, eff. January 6, 2012, § 2, Ord. 3297, eff. March 18, 2025)

It shall be unlawful for any person to violate any provisions of this chapter, and persons violating said provisions shall be subject to Chapter 2 of Title 1 of the Municipal Code. (§ 6, Ord. 2785, eff. November 16, 2003, § 2, Ord. 3297, eff. March 18, 2025)