Orange Cove Municipal Code Ch. 13.04 Water Service System

The following terms when used in this chapter shall have the following respective meanings:

"Business" means and includes professions, trades, occupations and all and every kind of calling whether or not carried on for profit.

"City" means the city of Orange Cove; "city council" means the city council of the city; and "treasurer" means the city treasurer.

"Commercial business" means and includes professions, trades, occupations and all and every kind of calling whether or not carried on for profit which is used for, or intended for use for, commercial, business or governmental purposes, including but not limited to stores, markets, theaters, cleaners, business offices, lodges, government offices, eating establishments or laundromats.

"Industrial business" means and includes professions, trades, occupations and all and every kind of calling whether or not carried on for profit which is used for, or intended for use for, producing, manufacturing, processing, institutional, commercial, agricultural or other operations where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

"Person" means any person, firm, company, corporation, political subdivision, city, county, district, the state of California, or the United States of America, or any department or agency of any thereof. The singular in each one shall include the plural.

"Utilities" means services provided by the city, including water service, sewer service, and/or garbage disposal service.

"Water collector" means the city water collector or other person designated by the city council to perform the services or make the determinations permitted or required under this chapter to be made by the city water collector.

(Ord. 297 § 1, 2001; Ord. 226 § 1(part), 1982: prior code § 14-101)

No person, other than a city employee in the course of his employment, shall attach to, maintain on, or keep attached to, any water pipeline belonging to, or in which any interest is held, by the city, any booster pump, pressure system or similar device, without obtaining a permit as provided in this chapter.

(Prior code § 14-102)

The permit required by Section 13.04.020 may be issued to any person by the council only when the council is satisfied that the attachment or maintenance thereof at the place for which the permit is to be issued will not interfere with the proper functioning of the city water system and the equitable distribution of water to all users. The permit shall be on a form approved by the council and shall clearly state the place for which issued. All permits may be revoked by the council whenever the council decides that the particular device has become an interference with the proper functioning of the city water system and the equitable distribution of water to all users.

(Prior code § 14-103)

The council shall, from time to time, by resolution, fix the rates to be charged for water from the city water system and make all necessary regulations governing the service rendered by the water system.

(Ord. 226 § 1(part), 1982: prior code § 14-104)

Qualified senior users shall be entitled to a discount on water charges up to fifteen percent as established by resolution of the city council. The city council shall adopt reasonable rules and regulations regarding applying and qualifying for the senior discount by resolution.

(Ord. 317 § 1, 2006)

Any person requesting water service who is not a property owner shall file a written application accompanied by a deposit equal to the sum of two month's charges for all utilities provided by the city to the property. Property owners who have been delinquent in payments for city utilities in any two months of a twelve-month period shall be required to make a deposit equal to the sum of two month's charges for all utilities provided by the city to the property. The deposits shall be retained by the city until utility service is discontinued. At this time, if the fees or charges for all utilities have been fully paid, the amount shall be refunded to depositor; or, if they have not been paid, the balance remaining after the deduction from the amount due the city shall be refunded.

(Ord. 226 § 1(part), 1982: prior code § 14-105)

A. All water service charges shall become due and payable to and at the office of the water collector on the last working day of each month, including holidays, and all bills for such charges shall so specify. All water charges shall become delinquent on the first day of the calendar month following the date of payment specified on the bills therefore.

B. All bills for charges shall be issued by the water collector. They shall be combined with bills or statements for sewer service rendered by the municipal sewer system in all cases where the premises in question are connected to the municipal sewer system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the persons responsible for payment (as herein provided), and shall list separately the charge for water service and the charge for sewer service and the total charge for both services. Neither charge may be paid separately from the other.

(Ord. 266 § 2, 1990; Ord. 226 § 1(part), 1990: prior code § 14-106)

All monthly water service charges shall be billed to the person who requested in writing such connection to the municipal water system or to any person requesting that such bill be sent to him. Pursuant to California Government Code Section 53064.5, in the case of delinquent accounts in landlord tenant residential situations, city shall require that service to subsequent tenants be furnished on the account of the landlord or property owner.

(Ord. 324 § 1, 2007: Ord. 226 § 1(part), 1982: prior code § 14-107)

A. The water collector is charged with the enforcement of all of the provisions of this chapter. The chief of police and all police officers of the city shall be deputies of the water collector for such purposes.

B. In the event of a violation of any terms of this chapter (including the nonpayment of a delinquent bill for service), or any rule or regulation established pursuant to this chapter, the water collector, in writing, shall notify the person causing, allowing or committing such violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the water collector will exercise his authority to disconnect the premises from the municipal water system; provided that such time shall not be less than ten days after the deposit of such notice by first class mail in the United States Post Office at Orange Cove, California, addressed to the person to whom notice is given.

C. The notice provided for herein shall inform the person notified of the availability of an opportunity for the person to present objections to bills for service to the city review manager. The city administrator is designated review manager.

D. Upon request of the person notified within five days of the receipt of notice, the review manager shall provide the person with a hearing which shall afford the opportunity for the presentation to the review manager of the person's complaint that he is being overcharged or charged for services not rendered.

E. Upon the failure of any person billed to pay any water charge prior to delinquency, any one or more of the following actions authorized by this subsection may, or where required hereby must, be taken by the city or city officials to enforce such payment:

1. In each case where all or any part of any bill remains unpaid on the delinquent date thereof, a basic penalty of ten percent of the amount of such bill shall be added to such bill for the first month delinquent and in addition an amount equal to one-half of one percent per month of the amount of such bill shall be added to such bill for each month during the time that the bill shall remain unpaid after the delinquent date.

2. In each case where any bill for water service remains unpaid after such bill becomes delinquent, the water collector shall disconnect the premises from the municipal water system, and he may also disconnect the premises from the municipal sewer system, all subject to the provisions of subsections B through D of this section. Whenever premises have been disconnected from either the municipal water or sewer system for nonpayment of water or sewer service charges, such premises shall not be reconnected to either the municipal water system and/or municipal sewer system until all delinquent charges and penalties have been paid and until a connection permit shall have been obtained and until a connection fee shall be paid, and until the owner of such premises shall otherwise have complied with this chapter.

F. No disconnections of water service under this chapter shall be made on Saturdays, Sundays, holidays, or at any time that the business office of the water collector is not open.

G. If water service to any premises is disconnected by the city pursuant to the provisions of this chapter, it is unlawful for any person other than an authorized city employee to reconnect the service. Any such act shall constitute an infraction punishable as provided in this code. Any person unlawfully connecting water service shall also be subject to the provision of Penal Code Section 499.

(Ord. 226 § 1(part), 1982: prior code § 14-108)

Notwithstanding the provisions of this chapter, the city reserves the right to initiate whatever legal action may be necessary or convenient in order to collect delinquent accounts for municipal services.

(Ord. 226 § 1(part), 1982: prior code § 14-109)

The owner of each lot or parcel of real property within the city, not already connected to the public water system of the city, upon which lot or parcel of property there is now situated any building or structure, shall connect the water system of the structure with the public water system, at his own expense; such installation and connection shall be required whenever there is a public water line within two hundred feet of the facility on such lot or parcel and such installation and connection shall be accomplished within thirty days after notice is given to do so. Installation and connection methods shall meet all current applicable state and city standards.

(Ord. 269 § 14(1), 1990: prior code § 14-110)

A. All residential units inside the city designed for single-family occupancy, each thirty-six dollars and fifty cents per month.

B. All industrial, commercial and school customers inside the city shall use the following rate schedule:

(Ord. 310 § 1, 2003: Ord. 293 § 1, 2000: Ord. 292 § 1, 2000)

A person who request water services from the city, for a business shall be charged for use of water as follows:

A. Commercial Businesses. All commercial businesses operating within the city and requesting use of the services of this chapter shall be charged in accordance with the following tiered rate schedule:

B. Industrial Businesses. All industrial businesses operating within the city and requesting use of the services of this chapter shall be charged in accordance with the following tiered rate schedule:

In the event that the person who requested the services requests in writing that the services be disconnected, a water fee shall not be charged until the service is again requested and used. In the event that service is disconnected due to nonpayment of fees, a water fee for services after disconnection shall not be charged until services are reconnected. This section does not prevent the city from charging interest on the unpaid portion of the bill as prescribed by Title 13 of this code.

(Ord. 297 § 2, 2001)