Article II — RENDERING WATER SERVICE

SEC. 22-15. APPLICATION.

Each prospective customer will be required to provide the necessary information for application by telephone or in person. This applicant by such application and use of city water service also agrees to abide by the provisions of this chapter and all rules and regulations of the city.

(`64 Code, Sec. 33-9) (Ord. No. 1009, 1771)

SEC. 22-16. SPECIAL CONTRACTS.

In unusual circumstances, the water division may require that the applicant enter into a contract with the city. Such contracts shall be approved by the city council and approved as to form by the city attorney.

(`64 Code, Sec. 33-10) (Ord. No. 1009)

SEC. 22-17. UNAUTHORIZED USE OF WATER.

(A) General - No person shall draw water from any service, fire hydrant, blow off, main, valve or any other water division facility without first arranging with the department for same, and paying all charges provided in this chapter.

(B) Fire service - The water division shall charge $25 for each and every incident of unauthorized use of a fire service. Each day will be construed as a separate incident. If unauthorized use of a fire service persists, the water division shall notify the fire department and the customer in writing, and within ten days discontinue all service until all charges have been paid and assurance given that the unauthorized use will be discontinued. The public works director may authorize the use of private fire services for testing purposes.

(`64 Code, Sec. 33-11) (Ord. No. 1009)

SEC. 22-18. CONDITIONS OF PRESSURE AND SUPPLY.

All persons applying for or receiving water service shall be required to accept and shall be deemed to have consented to such conditions of pressure and service as are provided by the distribution system at the location served and to hold the city harmless from any damages arising out of low pressure or high pressure conditions, interruptions of service, or quality of water.

(`64 Code, Sec. 33-12) (Ord. No. 1009)

SEC. 22-19. DEPOSIT GUARANTEEING PAYMENT.

(A) Each applicant for service shall be required to place a deposit with the city to guarantee the payment of all water, sewer, and rubbish charges.

(B) The amount of this deposit shall be established by resolution of the city council.

(1) Public agencies shall not be required to make deposits. Industrial, commercial, or church customers may be exempted from placing deposits providing said

customer established credit references satisfactory to the city. Should the required deposit exceed $250, a corporate surety bond in a form satisfactory to the city attorney may be deposited in lieu of cash.

(2) A deposit shall be required from all customers who are sent a final notice five or more times within any two-year period, and from every customer whose service

is disconnected for nonpayment of water charges. After the deposit has been held for two consecutive years, during which service has been continuous and no final notices were required to be sent, the deposit shall be automatically refunded without interest by the city.

(3) Upon the disconnection of any service, the deposit may be applied to any outstanding water, sewer, or rubbish bills, and any balance of deposit then remaining

in the hands of the city shall be returned to the person by whom such deposit was made.

(`64 Code, Sec. 33-13) (Ord. No. 1009, 1771)

SEC. 22-20. CHANGES IN CUSTOMER'S EQUIPMENT.

Customers making any change in the character or extent of their equipment or operation, and whose change in operation results in changes in plumbing or water usage, shall immediately give the water division written notice of the nature of the change.

(`64 Code, Sec. 33-14) (Ord. No. 1009)

SEC. 22-21. SERVICE CONNECTIONS.

(A) Each premises shall have a connection. No water service connection shall serve more than one premises.

(B) For purposes of this chapter, “premises” means any:

(1) Detached single-family residence;

(2) Apartment building; (Any building with two or more leased dwelling units held under single ownership.)

(3) Residential condominium unit or residential stock cooperative unit;

(4) Mobile home park, unless the spaces in that mobile home park are individually owned, in which case each space shall be a separate connection;

(5) Office, commercial or industrial building, except office, commercial or industrial buildings with separately-owned individual condominium or stock cooperative

units, in which case each unit shall be a separate premises;

(6) Irrigation system; and

(7) Unimproved lot or parcel.

(C) (1) The public works director may waive the requirement of a separate service connection for each unit of a condominium or stock cooperative office, commercial or industrial building, or for each individually owned space of a mobile home park, subject to such terms and conditions deemed reasonable and prudent by the public works director.

(2) At a minimum, such conditions shall protect the city from claims for damages arising from interruptions in water service or inadequate water pressure, and

provide for the issuance and payment of a single bill for all sewer and water services rendered to the complex as a whole.

(D) (1) The requirement of a separate water service connection may not be waived in cases involving a restaurant or commercial laundry.

(2) The public works director may impose other requirements when the directory determines that public health and safety, system protection, maintenance costs, or

liability concerns so dictate.

(`64 Code, Sec. 33-15) (Ord. No. 1009, 1769, 2030)

SEC. 22-22. EFFECT OF SUBDIVISION OF LAND.

When property provided with a service connection is subdivided, each service connection shall be considered as belonging to the lot or parcel of land which is nearest to it.

(`64 Code, Sec. 33-16) (Ord. No. 1009)

SEC. 22-23. SERVICE CONNECTION TO EACH CONSUMER DISCRETIONARY.

Where more than one consumer is supplied through one service connection, the city shall hold the owner of the property or other person agreed upon, responsible for payment of all service. Where practicable to serve each consumer through a separate service connection, the water division may install separate service connections or separate meters for each consumer at the owner's or customer's expense, and collect at the established rates for water supplied through each service connection.

(`64 Code, Sec. 33-17) (Ord. No. 1009)

SEC. 22-24. SERVICE AND METER SIZES.

The minimum size service and meter for each customer shall be determined by the water division. Applicants may obtain services and meters larger than the minimum required to accommodate future use. The water division will determine the minimum size by use of engineering design or through the use of the Plumbing Code. Customers shall not circumvent the intent of this section by reducing the service or meter size after the initial installation or by increasing the demand on the service and meter beyond the original design. The water division retains the right to approve or disapprove all requests for reduction in service or meter size.

(`64 Code, Sec. 33-18) (Ord. No. 1009)

SEC. 22-25. METERS REQUIRED.

A separate meter shall be placed upon each separate service connection and the rate to be paid shall be computed separately upon each meter. The water division may in lieu of a single meter and where special operating or service conditions require, install such number of meters on a service connection as shall be necessary to equal the capacity of such a single meter. For billing purposes, the consumption as registered by a battery of meters installed pursuant to this section shall be combined and charged for at such rate including the monthly minimum charge, as though the water were supplied through a single meter.

(`64 Code, Sec. 33-19) (Ord. No. 1009)

SEC. 22-26. EXCEPTION.

Whenever the water superintendent determines that it is impracticable to install meters on existing services due to plumbing and other physical conditions, the water division may so continue existing unmetered services until such time as the water division deems it practical to install the required meters. The water superintendent may require advance payment of the costs of such installation; provided, that such premises will not be required to pay more than the cost of current meter installation charges elsewhere provided in this chapter.

(`64 Code, Sec. 33-20) (Ord. No. 1009)

SEC. 22-27. OWNERSHIP OF CONNECTIONS.

All services and meters shall remain the property of the water division. The expense of maintenance, repair and renewal due to normal wear and tear shall be borne by the water division except that expenses incurred by an act, careless or otherwise on the part of the customer, or any member of his/her family, or any person in his/her employ, or any of his tenants, shall be charged to such customer.

(`64 Code, Sec. 33-21) (Ord. No. 1009)

SEC. 22-28. ACCESS.

Each customer has the duty to keep the space about the meter, the shut-off box, and all backflow and cross-contamination prevention devices serving the property free and clean of any material or obstruction which may, in any way, interfere with the free access to such equipment by water division employees or representatives. The water superintendent or representative may give notice, either in writing or in person, to the owner, customer or occupant of the property to remove any such material or obstruction within 24 hours. Upon a failure to comply with this notice, the water division staff may remove such material or obstruction, and the cost of doing so, plus any administrative expenses, shall be paid by the owner, customer, or occupant of the property.

(`64 Code, Sec. 33-22) (Ord. No. 1009, 2661)

SEC. 22-29. BY-PASSES.

Any by-pass or connection around the meter except those installed and approved by the water division for purposes of continuing service during meter testing or repair of the meter is prohibited. All water used, except as provided in these regulations, shall pass through the meter.

(`64 Code, Sec. 33-23) (Ord. No. 1009)

SEC. 22-30. MOVING METERS, SERVICES AND ASSOCIATED FACILITIES.

When the water superintendent determines a meter, service or associated facilities must be moved, city staff or representatives shall perform this work. The property owner served through the meter, service or associated facilities shall pay for such work. The property owner shall pay the cost of the material and labor, plus any associated administrative expenses.

(`64 Code, Sec. 33-24) (Ord. No. 1009, 2661)

SEC. 22-31. TEMPORARY SERVICE.

(A) Temporary service from a fire hydrant may be provided upon proper application, subject to the approval of the fire chief and the water superintendent. The charges for installing temporary service and for water used through the temporary service shall be established pursuant to this chapter. The person requesting the temporary service shall pay the installation charges in advance.

(B) The water superintendent shall determine whether a temporary connection may be made to any existing water facility. Prior to making a temporary connection other than to a fire hydrant, the water superintendent shall estimate the cost of installation and removal, and the applicant shall pay in advance the estimated cost. Upon removal of the temporary connection, the actual cost of installation and removal shall be determined by the water superintendent. The city shall refund to the applicant the amount paid in excess of the actual cost. If the amount paid in advance is less than the actual cost, the applicant shall pay to the city the difference between the amount paid and the actual cost. The applicant shall also pay for the water used as provided in this chapter.

(C) All temporary service connections shall include backflow prevention devices and any other cross-contamination prevention facilities that the water superintendent deems necessary and appropriate.

(`64 Code, Sec. 33-25) (Ord. No. 1009, 2661)

SEC. 22-32. NEW SYSTEM CONNECTIONS; CHARGES FOR CONNECTIONS INSIDE CITY LIMITS.

(A) All water service connections within the city must be connected to the city's water system, unless authorized by the public works director. The number of service connections for any development shall comply with the code.

(B) The connection fees and charges required by this chapter shall be set by a resolution approved by the city council. The connection fee shall be paid, at the rates set forth in the resolution, prior to the issuance of building permits.

(C) Prior to installation of any new or additional water service connection or the issuance of a building permit, the applicant shall pay any reimbursement obligation for existing mains, or construct any necessary water mains as required by this code.

(`64 Code, Sec. 33-26) (Ord. No. 1875, 1949, 2030, 2163)

SEC. 22-33. ALTERATIONS TO SIZE OF WATER SYSTEM CONNECTION.

When a decrease in size of an existing meter is requested by the customer, the water resources division, water section shall make the meter change at no cost to the applicant; provided, the reduced size is determined adequate for the contemplated use. When an increase in size of an existing service or meter is requested by a customer, or an increase is required because of a change in the customer's water use, the water resources division shall make such change; provided, the requested size is determined adequate for the contemplated use. The applicant shall pay in advance the current cost of the new service or meter, less a credit for the meter removed. The credit shall be established by the public works director based upon the age of the existing service connection, but in no event shall the credit exceed 60% of the current value of a meter of that size. Where the larger service is in a location different from the existing service, the applicant shall pay the cost of abandoning the existing service in addition to any other applicable fees and charges. The cost for abandoning a water meter shall be based on the administration, labor and materials required to complete the work.

(`64 Code, Sec. 33-26.1) (Ord. No. 1875, 2819)

SEC. 22-34. CONDITIONS OF CONNECTION.

Each water system connection shall be made subject to the following conditions:

(A) Every connection made between private property and any public water system shall be made in the manner and with such materials as are required by the specifications for public water system approved by the city council and in accordance with this chapter.

(B) All connections shall be maintained at the expense of the property owner.

(C) No person shall connect any private property with any public water system without first procuring a permit from the city to make such connection. Any person desiring to obtain such a permit shall make application for such permit and pay the fees provided for in this chapter.

(`64 Code, Sec. 33-26.2) (Ord. No. 1875)

SEC. 22-35. CONNECTION FEES FOR REPLACEMENT STRUCTURES.

(A) If a demolished residential, commercial or industrial structure is subsequently replaced, no additional service connection fee is required if the building permit for the replacement structure is issued within five years of the date of demolition of the previous structure.

(B) If the building permit is issued more than five years but less than ten years from the date of demolition, the service connection fee shall be reduced by 50%.

(C) If the building permit is requested for any replacement structure after ten years from the date of demolition, the full service connection fee shall be required.

(D) The property owner shall pay for any increased fee between the connection fee based upon the original water meter size and the connection fee based upon the water meter size to serve the replacement structure as well as for any increase in the number of water meters. The owner shall bear the burden of proving the date of demolition of the original structure and that structure's water meter size.

(`64 Code, Sec. 33-26.3) (Ord. No. 2030)

SEC. 22-36. PLANS REQUIRED.

(A) In order for the public works director to have sufficient information to make a determination of appropriate fees to be charged, building permit applicants shall submit water and wastewater service plumbing plans prepared by a registered engineer or project architect in conjunction with the building permit application for all new and replacement structures.

(B) In instances where an irrigation plan is required by other development conditions, the irrigation plan shall be prepared by a suitable licensed professional and submitted in conjunction with the building permit application. The plumbing plans and irrigation plans shall show all the proposed line sizes and locations. All appurtenances must conform to public works department design criteria and guidelines. The water superintendent or designee must approve all plumbing plans and irrigation plans prior to the issuance of building permits.

(`64 Code, Sec. 33-26.4) (Ord. No. 2030, 2661)

SEC. 22-37. NEW SERVICE CONNECTIONS; CHARGES FOR INSIDE CITY LIMITS.

(A) A charge shall be made for the installation of each new water service and water meter within the city in order to recover the cost of current labor, equipment, materials and overhead. These charges shall be paid in advance according to the schedule of charges established by resolution of the city council. Separate schedules of charges shall be established for installation of each new meter on a new service; installation of each new meter on an existing service, previously installed and paid for within the city for these services less than five years old; and installation of each new meter on an existing service for those services more than five years old.

(B) Whenever the installation of a service or meter within the city is determined by the public works director to require special materials, labor or equipment, or where services or meters larger than two inches are required within the city, the charge shall be the actual cost thereof, plus indirect costs.

(C) Prior to installation thereof, the public works director shall estimate the charge and the applicant for service shall advance to the city such estimated charge. Upon completion of the installation, the actual charge shall be determined by the finance director. The city shall refund to the applicant any portion of the amount paid which is in excess of such charge. In case the estimated charge paid by the applicant is less than the actual charge, the applicant shall pay to the city the difference between the estimated charge and the actual charge. In addition to the service connection charge set forth in this section and prior to such service connection or issuance of a building permit, applicant shall have paid a charge for existing mains, or leave constructed a water main, as set forth hereinafter.

(D) The water superintendent may, at his/her discretion, permit the installation of services by private contractors. The cost of inspection of these installations shall be borne by the applicant.

(`64 Code, Sec. 33-27) (Ord. No. 1003, 1319, 1771)

SEC. 22-38. CHARGES FOR OUTSIDE CITY LIMITS.

(A) The charges for installing each new service or meter outside the city, which amount shall be paid in advance, shall be determined by the water division and approved by the city council when granting outside city service.

(B) However, such charge shall not be less than the charge for installing a similar service or meter within the city.

(`64 Code, Sec. 33-28) (Ord. No. 1003)

SEC. 22-39. CHARGES FOR CHANGING SIZE OF SERVICE CONNECTIONS.

When a decrease in size of an existing meter is requested by the customer, the water division shall make the meter change at no cost to the applicant; provided, the reduced size is determined adequate for the contemplated use. When an increase in size of an existing service or meter is requested by a customer, or an increase is required because of a change an the customer's water use, the water division shall make such change; provided, the requested size is determined adequate for the contemplated use. The applicant shall pay in advance the current cost of the new service or meter as hereinbefore provided, less a credit for the meter removed. The credit shall be established by the public works director from time to time as approximately 60 percent of the current value of a meter of that size. Where the larger service is in a location different from the existing service, the applicant shall pay in addition the cost of abandoning the existing service.

(`64 Code, Sec. 33-29) (Ord. No. 1009)

SEC. 22-40. TURNING WATER ON OR OFF.

(A) All curb cocks or valves installed by the water resources division, water section of the inlet side of the water meter shall be for the exclusive use of the water division and shall not be operated by anyone other than authorized employees of the water resources division, water section, unless prior approval has been obtained from the water resources division, water section.

(B) Turn on and turn off charges shall be established by ordinance or resolution of the city council.

(`64 Code, Sec. 33-30) (Ord. No. 1009, 1319, 1538, 1771, 2819)

SEC. 22-41. TEMPORARY TURN OFF OF WATER SERVICE.

The water division will not discontinue water service to enable a customer to avoid payment of minimum charges. In the event that service is ordered off for short periods of time to avoid payment of minimum charges, the city may consider the service active for the full period of discontinuance and may back bill the customer therefor.

(`64 Code, Sec. 33-31) (Ord. No. 1009)

SEC. 22-42. BILLING AND COLLECTION; GENERALLY.

Bills shall be rendered on a periodic basis for a time period as deemed appropriate by the city’s treasurer. All bills shall be due and payable at the place or places designated by the city upon the date sent. If not paid within 15 days after the bill is sent, the bill shall be considered delinquent and a final notice given. If bills are not paid as required by the final notice, the service shall be discontinued, unless satisfactory arrangements for payment are made with the city.

(`64 Code, Sec. 33-32) (Ord. No. 1009, 1920, 2804)

SEC. 22-43. ESTIMATED BILLS.

In the event a meter is not read or in the event a meter has not registered or has registered incorrectly, the city shall estimate the quantity or water used, and a bill shall be rendered for that quantity.

(`64 Code, Sec. 33-33) (Ord. No. 1009, 1920)

SEC. 22-44. PRORATION OF BILLS.

When meters are specially read between regular meter readings for the purpose of commencing or terminating service to a customer, the minimum charge and all rate blocks will be prorated for the number of days of service, in calculating the water bill. Flat rate bills for partial billing periods will be prorated for the number of days of service.

(`64 Code, Sec. 33-34) (Ord. No. 1009, 1771)

SEC. 22-45. EXCEPTION.

No proration will be made on short term water service, where water is required for total periods less than two months. These customers will pay at least the bimonthly minimum for that size service.

(`64 Code, Sec. 33-35) (Ord. No. 1009)

SEC. 22-46. METER TESTING.

Upon written request and deposit by a customer of an amount equal to the bimonthly minimum, the water division shall test the customer's water meter. If such meter, upon testing, registers two percent or less over the correct value, the deposit shall be forfeited and all water bills paid as presented. If the meter registers greater than two percent of the correct value, the deposit shall be returned and a proportional reduction made in the current bill, and another meter substituted for the inaccurate meter.

(`64 Code, Sec. 33-36) (Ord. No. 1009)

SEC. 22-47. RESERVED.

(`64 Code, Sec. 33-37)

SEC. 22-48. DELINQUENT BILL; AUTHORITY TO TURN OFF WATER.

(A) When water is furnished to customers through more than one service at the same or different locations, all such services may be shut off when a bill for any one of them becomes delinquent. In addition, the water superintendent shall have the authority to discontinue water service without notice for failure to comply with this chapter or the rules and regulations of the water division, or when the superintendent that water is being unduly or unnecessarily wasted.

(B) The city shall not be liable for any damage to persons or property caused in any manner by the use of water beyond its meters or, where no meters have been installed, beyond the point where service connections enter upon private property nor shall the city be liable for any damages resulting from its failure to deliver water for any length of time.

(`64 Code, Sec. 33-38) (Ord. No. 1009)

SEC. 22-49. NONPAYMENT.

(A) (1) The water division may charge a fee for each trip made to a customer's property for the purpose of collecting a water bill which is delinquent under the terms of this chapter. If water service is discontinued due to nonpayment or noncompliance with this chapter, in addition to all other amounts due, the city shall charge a fee for resuming service.

(2) The fees shall be established by resolution of the city council.

(B) In the event a consumer turns on the water service or permits or causes it to be turned on after the water has been turned off for nonpayment or noncompliance, the water division shall again turn off the service, remove the meter and shall charge and collect a fee as established by resolution of the city council for reinstallation of the meter in addition to other amounts due before water service is restored.

(`64 Code, Sec. 33-39) (Ord. No. 1009, 1319, 1538, 1771)

SEC. 22-50. NO NEW SERVICE UNTIL BILL AND PENALTY PAID.

(A) Should a customer fail to pay a water bill within one month after the billing date indicated on the face of the bill, the city may disconnect the customer's water service, and decide not to provide the customer with new water service at any location until the customer has brought the outstanding water bill current and paid a penalty.

(B) Should a customer fail to pay a fee or charge for water service, within one month after the billing date provided on the face of the bill, the city shall assess a penalty in an amount of 10% of the overdue balance.

(`64 Code, Sec. 33-40) (Ord. No. 1009, 1771, 2167, 2918)

SEC. 22-51. DISCONTINUING WATER SERVICE.

The city may require each customer to give advance written notifications of that date when they want water service discontinued in their name. The customer shall be liable for all bills incurred until such notification is received.

(`64 Code, Sec. 33-41) (Ord. No. 1009)