Chapter 13.10 — WATER SERVICE

Footnotes:

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* Prior ordinance history: Ords. 98-07, 99-03 and 00-03.

A.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter and Chapters 13.20 and 13.30. The definition of each word or phrase shall constitute, to the extent applicable, the definitions of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

B.

The meaning of certain terms as used in this chapter and Chapters 13.20 and 13.30 shall be as follows:

"Air-conditioning system" or "refrigeration system" means any combination of equipment, whether compressor or other type, by which heat is removed from the air from which the accumulated heat is wholly or partially removed by the use of water.

"Applicant" is the owner or authorized agent of the owner making application for service under this chapter.

"Auxiliary water supply" means any water supply on or available to the premises other than through the city water system.

"City" means the city of Parlier, California.

"City manager" means the person holding that position for and on behalf of the city of Parlier.

"Code" means the municipal code of the city of Parlier.

"Commercial" and "business" uses shall include, but not be limited to, offices, merchandising and industrial uses, residential uses on premises where there are two or more dwelling units.

"Completion" means acceptance, in writing by the city manager for maintenance of an addition to the city water system.

"Connected" means the physical joinder to the city water system of any plumbing, water supply, or fire protection system on any parcel.

"Contractor" is an individual, firm, corporation, partnership, or association duly licensed by the state to perform the type of work to be done under the permit and shall be the owner or his agent.

"Cost" means the cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

"Cross-connection" means any connection between any part of a water system used or intended to supply water for drinking purposes and any source of system containing water or substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.

"Distributions mains" means waterlines in streets, highways, alleys and easements used for public and private fire protection or for general distribution of water for irrigation, industrial and municipal purposes.

"Dwelling unit" or "living unit" means a room or suite of rooms which is occupied by one family for living and sleeping purposes.

"Engineer" is the engineer appointed by and acting for the city and shall be a registered civil engineer.

"Owner" means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.

"Parcel" or "lot" means any premises, piece or parcel of land or property, as bounded, defined or shown upon the latest map, plat or deed recorded in the office of the recorder of the county; provided, however,

that in the event any building or improvements appurtenant to said building covers more area than a "lot," as herein defined, the term "lot" shall be deemed to be and include all such pieces or parcels of land upon which said buildings or improvements are wholly or partly located.

"Permit" is any written authorization required pursuant to this or any other rule, regulation or ordinance of the city for the installation of any waterworks.

"Person" is any human being, firm, company, partnership, association, and private, public or municipal corporation, the United States of America, the state, districts and all political subdivisions, governmental agencies and mandatories thereof.

"Premises" means a lot or parcel of real property under one ownership, except that any separate structure under one roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

"Private fire protection service" means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.

"Private swimming pool" means any pool or other outside body of water eighteen or more inches in depth at any point, the volume of which is not less than one hundred cubic feet, and is designed for swimming, wading, or bathing purposes.

"Public fire protection service" means the service and facilities of the entire water supply, storage and distribution system of the city, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

"Refrigeration system" means an installation for maintenance by heat removal, of temperatures which are less than sixty degrees Fahrenheit.

"Service" or "service connection" means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water service from a distribution main to premises. Where customers are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

"Street" is any public highway, road, street, avenue, alley, way, easement or right-of-way.

"System" or "distributions system" means the network of water mains which serve to transmit water from supply wells to individual properties or which serves to interconnect the supply wells.

"Temporary water service" means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

"Water superintendent" is the director of public works of the city or the person designated by said director of public works or by the city manager in the absence of said director of public works.

(Ord. 04-01 §1(part), 2004).

A.

No property shall be connected to the city water system except upon permit issued by the water superintendent.

B.

New water service shall be provided only in the name of the property owner.

C.

Before new water service may be supplied to any premises, the property owner or his/her designated representative shall make application to the city and pay the fee for new service as set by resolution of the city council.

(Ord. 04-01 §1(part), 2004).

A.

No person shall connect any premises, lot, parcel or structure to the city water system without a permit from the city. No such permit shall be issued by the city unless the applicable charges designated in this chapter have been paid.

B.

Payment of fees and issuance of permits pursuant to this chapter does not authorize the permittee to perform or cause to be performed work specified in this chapter to be performed by the city. Fees authorized by this chapter shall be from time to time set by resolution of the city council.

(Ord. 04-01 §1(part), 2004).

The applicant may apply for as many services as may be reasonably required for applicant's premises provided that the pipeline system from each service be independent of the others and that they not be interconnected. The cost of all services over and above the initial service shall be borne by the applicant.

(Ord. 04-01 §1(part), 2004).

Not more than one premises shall be serviced from each service connection.

(Ord. 04-01 §1(part), 2004).

The water superintendent and his/her authorized representatives shall have access, at all times, to all premises supplied with city water service for the purpose of inspecting the water facilities and equipment. Nothing herein shall be construed as excusing the need to obtain a warrant when required by law.

(Ord. 04-01 §1(part), 2004).

No person other than an authorized city employee or contractor, or an authorized Fresno County fire district employee, may tap any of the pipes of the water distribution system or insert tees or stopcocks except upon written authorization of the water superintendent.

(Ord. 04-01 §1(part), 2004).

Water service shall not be delivered to a new connection for any premises unless a stopcock or valve is placed in an accessible place between the stopcock of the city and all faucets or taps on the premises.

(Ord. 04-01 §1(part), 2004).

The size, type and quality of materials and location of the lines shall be specified by the city or by a contractor acceptable to it, supervised and inspected by the water superintendent.

(Ord. 04-01 §1(part), 2004).

When water service is authorized by city to be delivered from a single tap or service connection to more than one consumer in the same building or separate buildings, the city may, at its option, make its charges and collect its bills from each of such consumers for the service rendered each or from one of the consumers for all the service rendered through such single tap or service connection or from the owner or lessor of such premises.

(Ord. 04-01 §1(part), 2004).

No person shall provide water to a person or property whose water has been shut off or disconnected by order of the water superintendent.

(Ord. 04-01 §1(part), 2004).

No person shall turn on or reconnect any water service after it has been turned off or disconnected by order of the water superintendent.

(Ord. 04-01 §1(part), 2004).

No consumer shall make or allow any other person to make any connection to or extension of such consumer's piping for the purpose of supplying any other consumer with water service, except with the express prior consent obtained in writing from the city.

(Ord. 04-01 §1(part), 2004).

A.

No person shall place or cause to be placed on, about or around any water meter, hydrant, valve or stopcocks connected with the pipes of the water works of the city, any building material, rubbish, trash or other obstruction that interferes with free access to the same.

B.

No person shall allow grass, bushes, trees or plants growing on his/her property to obstruct the accessibility or visibility or any water meter, hydrant, valve or stopcocks.

C.

No person shall allow any pet or animal in his/her care or custody to interfere with access to a water meter, hydrant, valve or stopcocks.

(Ord. 04-01 §1(part), 2004).

No person shall take water from or use a city fire hydrant unless a permit therefore has been issued by the water superintendent and a fire hydrant meter has been installed in accordance with the city water rate schedule, or for fire control by members of a public agency fire department.

(Ord. 04-01 §1(part), 2004).

A.

No person shall tamper with, deface, damage, or destroy a fire hydrant. No person shall attach to the operating stem or cap of a fire hydrant any wrench or tool that is not approved by the water superintendent for use on fire hydrants and/or without authorization by the water superintendent or under this chapter.

B.

Upon direction of the water superintendent or any fire department official of the county of Fresno, all faucets, hoses, sprinklers, nozzles or other contrivances through which a continuous stream of water can be conducted shall be shut off promptly upon an alarm of fire in the city, and the water from same shall not be turned on again until the fire is extinguished.

(Ord. 04-01 §1(part), 2004).

All properties developed to residential, commercial, industrial, or multiple family residential uses shall have water meter(s) as directed by the water superintendent.

(Ord. 04-01 §1(part), 2004).

(Ord. No. 2009-04, § 1, 9-2-2009)

All developed properties within the city shall receive their water supply from the city.

(Ord. 04-01 §1(part), 2004).

All water meters and service mains are the property of the city.

(Ord. 04-01 §1(part), 2004).

All city water used on any premises for which a meter is required pursuant to Section 13.10.170 of this chapter shall pass through the water meter, and no city water may be delivered to the premises except through such meter.

(Ord. 04-01 §1(part), 2004).

All expenses for installing, adjusting, repairing or replacing water meters shall be charged against the consumer.

(Ord. 04-01 §1(part), 2004).

A.

Consumers may request that the meter through which water is being furnished to their premises be examined and tested to determine whether it is registering correctly the amount of water being delivered through the meter. The consumer shall pay the costs of such meter test.

B.

If a water meter is found to register over three percent more than is actually passing through it, another meter will be substituted therefor, and the fee charged for the meter test shall be reimbursed to the person who requested the test.

(Ord. 04-01 §1(part), 2004).

No new water service or supply shall be provided to any property outside the city limits without authorization of city council.

(Ord. 04-01 §1(part), 2004).

Consumers shall provide, at their own expense, an approved corporation stopcock, meter box, gate valve and valve box on or near the property line, as designated by the water superintendent.

(Ord. 04-01 §1(part), 2004).

Property owners and water consumers are responsible for repairing and maintaining the laterals connecting their premises to the public water mains. However, all repairs to water facilities (including services) which require an excavation in the public right-of-way shall be performed only under the direction of the director of public works of the city. If repair work requiring an excavation in the public right-of-way is necessitated by action(s) of the property owner or persons occupying the premises with his/her permission, or by trees or roots, the property owner shall be charged for such work. Otherwise, all repair work performed within the public right-of-way shall be at the expense of the city.

(Ord. 04-01 §1(part), 2004).

A.

Before new water service shall be provided to any premises, the water consumer shall deposit an amount equal to the estimated charge for two billing periods. The deposit shall not earn interest.

B.

The cost of making any changes in the location of service, size of service, temporary installations and removals shall be charged for and collected from the water consumer.

(Ord. 04-01 §1(part), 2004).

The city council shall, by resolution, establish the charges for city water service.

(Ord. 04-01 §1(part), 2004).

A.

Water bills are due and payable at the office of the clerk of the water department, thirty days after the billing date.

B.

If the water bill is not paid within said period, a late charge, as set by resolution of the city council, shall be added to the bill. If the bill, including all late charges, remains unpaid for ten days after the delinquency date, water service may be discontinued without further notice.

C.

Water service shall not be restored to any premises until the water bill, including all late and other charges for restoration of service, is paid in full.

(Ord. 04-01 §1(part), 2004).

A.

Any person violating any of the provisions of this Chapter shall be guilty of an infraction and upon conviction thereof shall be punished in accordance with Chapter 1.16 of this code; except that violations of Sections 13.10.070, 13.10.110, 13.10.120, 13.10.150 and 13.10.160 may be charged as misdemeanors.

B.

In lieu of or in addition to the penalty prescribed in subsection A of this section, water service may be terminated to a premises that is in violation of any of the provisions of this chapter.

C.

When water service has been terminated for violation of this chapter or for nonpayment of a water bill, it shall not be turned on again except by order of the water superintendent and upon payment of all amounts due to the city, together with the additional sums required by Section 13.10.120 of this chapter for turning water service off and on.

(Ord. 04-01 §1(part), 2004).

No two adjacent lots fronting on the same street shall be permitted to join in the use of the same side water connection to serve the affected property. Every residential structure, commercial building or industrial facility must be separately connected with public water if such public water exists within two hundred feet of the closest point of the property and will be installed in the street upon which the property abuts or in an easement which will serve such property. Exceptions may be made by approval of the city council where conditions are determined to meet criteria as for a variance under the zoning ordinances of the city. Any property owner violating this section, shall be served by the city or other authorized person with written notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than five nor more than thirty working days as determined in the sole judgment of the water superintendent. The property owner shall, within the period of time stated in such notice, permanently cease all violations, or enter into an agreement with the city to remedy the violations. If the property owner continues in violation of the notice or fails to comply with the agreement, the property owner shall be charged fifty dollars for calendar day for each day the violation continues up to a maximum of ten days or five hundred dollars for residential connections and up to a maximum of thirty days or one thousand five hundred dollars for commercial or industrial services. The city shall impose the charge if the city, in its sole discretion determines that the property owner is not diligently pursuing the work required in the agreement, and will not meet the conditions of the agreement. The property owner shall pay all administrative costs the city incurs in entering into the agreement, reviewing the plans, and inspecting the work required to cease all violations. Administrative costs include, but are not limited to, staff time, engineering services and attorney fees. Any charges not paid within sixty days of being levied under this section shall be a lien on the property pursuant to Health and Safety Code Section 5473.11. Nothing in this section shall relieve the property owner of paying all charges and fees required by the city for the second or other additional connection.

The city may disconnect from the water system any person for being in violation of this section. In the event such disconnection should create a public hazard or nuisance, the city water superintendent or his representatives may enter upon the premises for the purpose of doing such things as may be reasonably necessary to alleviate or remove such hazard or menace. The owner of such premises shall have a duty to reimburse the city for all expenses incurred by city in disconnecting any such premises, or in doing other things authorized by this section; and no reconnection shall be made until all such charges are paid.

(Ord. 04-01 §1(part), 2004).

Lawn sprinkling systems shall be properly designed, installed and operated to prevent wastage of water.

(Ord. 04-01 §1(part), 2004).

The city council may adopt additional rules and regulations for the use of city water for irrigation, which may include but not limited to the schedule and hours that such water may be used. Such rules and regulations, when approved by the city council by resolution, shall be in full force and effect.

(Ord. 04-01 §1(part), 2004).

No person shall use water by means of an open hose or open faucet for irrigation purposes. Every hose used for irrigation purposes shall have attached thereto a spray nozzle or sprinkling device.

(Ord. 04-01 §1(part), 2004).

Any consumer desiring to make repairs to his pipes, who requests the city to turn off the water, shall pay an amount which shall be from time to time set by resolution of the city council.

(Ord. 04-01 §1(part), 2004).

Whenever the service to any consumer is discontinued for nonpayment of a bill, such consumer shall, before such service is again resumed, pay an amount which shall be from time to time set by resolution of the city council.

(Ord. 04-01 §1(part), 2004).

The city will extend water mains to a subdivision or plot within the city on the following conditions:

A.

The applicant shall deposit with the city the total estimated cost of extending the water mains into the subdivision or plot, and upon the completion of the work, shall deposit with the city any additional sum of money necessary to cover the actual cost of the work.

B.

If the actual cost of the work shall be less than the amount previously deposited, the excess sum deposited shall be refunded to the applicant upon the completion of the work.

C.

The size, type and condition of the materials and location of the water lines shall be specified by the city engineer, and the actual construction work shall be done by the city or a contractor acceptable to it.

D.

The city may enter into reimbursement agreements with persons who pay for or cause the installation of water main extensions, from amounts subsequently collected by the city from third parties whose properties connect to or benefit from such extensions.

(Ord. 04-01 §1(part), 2004).

All moneys collected by the city for the provision of water service shall be placed in a fund entitled "water enterprise fund" and shall be used only for the acquisition, construction, reconstruction, maintenance and operation of municipal water facilities and to repay principal and interest on any bonds which may or may have been issued for the construction or reconstruction of such water facilities.

(Ord. 04-01 §1(part), 2004).

The city may impose development impact fees on new development connecting to the city water system, as set by the city council.

(Ord. 04-01 §1(part), 2004).

A.

The city shall not be responsible for any interruption of water service by reason of damage to the water system or stoppage of water service for necessary repairs or other work.

B.

The city may, at any time, shut off water service for the purpose of making repairs, extensions, or for other appropriate purposes.

(Ord. 04-01 §1(part), 2004).

The city council may adopt additional rules and regulations for the distribution and delivery of water to consumers who take water from the city. Such rules and regulations, when approved by the city council by resolution, shall be in full force and effect.

(Ord. 04-01 §1(part), 2004).