Chapter 14.04 — WATER RATES AND REGULATIONS

All water furnished by the city to any structure, building, house, flat, tenement, ground floor, business room or store, or any unimproved realty under one ownership in such city, having a street or road frontage, shall be through a separate service connection; provided, however, that where two or more dwellings owned by the same person or persons are situated on one lot, and have only one frontage on the same street or road, the dwellings may be furnished with such water through one and the same service connection, and provided further that each dwelling now having a street or road frontage shall be deemed as separately connected for the purpose of the charge and connection for water furnished thereto, and the owner shall be liable for such water so furnished any one connection.

(Ord. 174 N.S. § 1, 1952)

A.

Fees—Connection. No new, enlarged, or reduced connection for any premises shall be made to city water mains, or to its system, without written application therefor, signed by the owner or his designee on his behalf upon application forms furnished by the city, being submitted to the water department.

The application shall be accompanied by a fee to be set by resolution of the city council from time to time with reference to this section.

B.

Fees—Meter Service. No new, enlarged or reduced meter shall be installed for any premises until an application on a form provided by the city shall be submitted and signed by the owner or his designee on his behalf.

The application shall be accompanied by a fee to be set by resolution of the city council from time to time with reference to this section. Such resolution may set a different rate for services outside the city limits.

C.

Fees—Water Service Charges. The monthly rates to be charged and collected for all water consumption, including private fire lines, bulk water delivery or fire hydrant usage, from every water customer, including, but not limited to, any person, school, business entity or corporation, shall be charged at rates established by resolution or ordinance of the city council.

The water service charges shall be reviewed no less than every five years to ensure that water user fees then in existence do not exceed the costs of providing water service within the city.

D.

Rates. The existing water service charges previously approved by the city council shall remain in effect until superseded or rescinded by a subsequent resolution or ordinance.

All Customers Effective January 1, 2021

All Water Usage ($/HCF) $6.56

Fixed Charge ($/Account/Month) $10.00

HCF = hundred cubic feet, or 748 gallons

(Ord. 412 N.S. § 2 (part), 1978; Ord. 820 N.S. § 1, 2002; Ord. 875 N.S. § 1, 2004; Ord. 882 N.S. § 1, 2004; Ord. 904 N.S. § 1, 2005; Ord. No. 953 N.S., § 2, 2-3-2009; Ord. No. 967 N.S. § 2, 4-20-2010; Ord. No. 973 N.S., § 2, 4-19- 2011; Ord. No. 982 N.S., § 1, 7-3-2012; Ord. No. 1025 N.S., § 2, 4-5-2016; Ord. No. 1125 N.S., § 4, 10-4-2022)

Editor's note— This section previously contained provisions that pertained to sewer rates which were improperly placed herein due to an administrative error. These provisions derived from Ord. No. 975 N.S., adopted December 6, 2011 and Ord. No. 989 N.S., adopted February 5, 2013 and have been moved to Section 14.16.020.

Footnotes: --- (2) ---

Editor's note— Resolutions amending this section are Resolutions 78-2217, 78-2248, 79-2263, 81-2659, 82-2704, 82-2746, 83-2866, 84-2933, 85-3003, 85-3064 and 87-95, and are on file in the office of the city clerk.

Each meter installed pursuant to Section 14.04.020 B shall include a shutoff valve and valve box on the consumer's side of the meter for his use. Location of the shutoff valve and valve box shall be as close to the meter as practicable. If the required meter box is large enough to accommodate the shutoff valve, a separate valve box will not be required.

(Ord. 412 N.S. § 2 (part), 1978)

A.

Deposit. No main extension will be made by the city except on an approved dedicated street, alley or recorded easement. Prior to construction of the main, every applicant for water service shall enter into a written form agreement for such extension and shall deposit with the water department an amount equal to ten percent of the director of public works' estimate of cost of the extension, including engineering and administration. The estimated cost shall be based on the actual size of the facilities required to meet the service demands from the extension, except that eight-inch pipe shall be the minimum size considered for general use. Should the water department desire to install facilities greater than are needed to meet the service demands, the cost of excess size of pipe shall be borne by the city. The water department shall then proceed with plans and specifications for the proposed work. The water department shall inform the applicant as to the estimated cost of the extension. When receipt by the city of an amount which, with the original deposit, is equal to the cost of the work, the water department shall proceed with the construction of the extension.

B.

Prorating. Immediately upon completion of the water main extension, the city director of public works shall prorate the entire cost thereof against all lots or property that may ultimately be benefited by direct connection to the water main extension, in proportion to the frontage thereof. In no case shall any applicant pay an amount less than the prorated cost of the extension for the length of his frontage as determined above. The main extension charges as described in this section shall be in addition to the specified service connection charges.

C.

Refund Eligibility. The original applicants, survivors, or their heirs shall, up to ten years from the date of signing the form agreement, be entitled to a refund for each connection made to the extension, based on the prorated cost as determined above for each parcel or lot. The water department may make extensions to the facilities constructed under this regulation without obligation to the applicant and refunds will not be made for services connected to such additional extension. No interest shall be paid on or accrued on such deposits for water main extensions. Refunds of the deposit shall be made only if, as and when the connection charges are collected from others requiring service from the extension.

D.

Subdivisions. Where water main extensions are required for subdivisions, it will be the responsibility of the owner or subdivider to pay the entire cost of complete installation of all water facilities required within the subdivision and for

the extension of water transmission mains from the subdivisions to the nearest existing main of adequate capacity for the area to be served. Upon official acceptance by the city, the city shall assume full ownership, maintenance and control of such mains within the city limits.

E.

City Authority. These provisions do not preclude the city from building new mains or extending same at their own discretion, if it so determines desirable at city expense.

(Ord. 339 N.S. § 1, 1972; Ord. 290 N.S. § 2, 1966: Ord. 194 N.S. (part), 1955: Ord. 174 N.S. § 3½, 1952)

For the purpose of Sections 14.04.060—14.04.085 certain words and phrases are defined as follows, to-wit:

"Special water lines" shall mean any city owned water line in the water system of the city of El Paso de Robles constructed within the boundaries of this city, territory annexed to this city or area outside the city, the cost of which was not directly assessed to, or borne by, the abutting property and which has been or may hereafter be, designated as such "special water line" by resolution of the city council.

"Special water line fee" shall mean the fee established by resolution of the city council to be paid by any person, firm or corporation upon issuance of a permit to connect to a special water line.

"City Engineer" shall mean the city engineer of the city of El Paso de Robles.

(Ord. 257 N.S. § 1, 1962)

It shall be unlawful for any person, firm or corporation to connect any water line to any special water line without a permit therefor having been first obtained from the city engineer as provided in this chapter.

(Ord. 257 N.S. § 1, 1962)

A.

Application for Permit. Before a connection may be made to a special water line, a permit therefor must be secured from the city engineer.

B.

Granting of Permit. Upon such written application being made, the city engineer may issue a permit to make such water line connection upon the payment of fees provided in this chapter. Said permit may contain such conditions and requirements as the city engineer may determine to be necessary for the protection of the city with respect to said special water lines and such water line connections.

C.

Special Water Line Fee. Upon the issuance of such permit, applicant shall pay a special water line fee to the city of El Paso de Robles, at the rate established by resolution of the city council.

(Ord. 257 N.S. § 2, 1962)

The special water line fee rate for each special water line shall be determined and established by resolution of the city council. The rate of such special water line fee may be determined as follows:

(a)

On a front-foot basis;

(b)

On a square-foot basis for the property being served;

(c)

On a per-connection basis;

(d)

On a quantity or quality basis;

(e)

On the basis of benefits to the property served; or

(f)

On a combination of any one of more of said bases.

Nothing in this chapter shall change or affect any ordinance or regulations pertaining to inspection or permit fee for the actual construction of a special water line connection.

All fees as provided in this section shall be deposited in the water fund of the city of El Paso de Robles.

(Ord. 257 N.S. §§ 3, 5, 1962)

Any person, firm or corporation violating the provisions of Sections 14.04.050 through 14.04.080 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the city jail or the county jail for not exceeding thirty days, or by a fine of not to exceed three hundred dollars, or by both such fine and imprisonment.

(Ord. 257 N.S. § 6, 1962)

A.

Contents. After the water has been shut off from any premises, it shall not again be connected until the department has received an application by the owner, tenant or other appropriate parties. Such application will specify which party; shall be liable for all water furnished thereto.

B.

Deposit. In the event that the applicant is not the owner in fee of the property to be supplied with water and such owner of the premises refuses to be jointly liable for the payment of the water bills, the city shall require from the

tenant a deposit of an amount as is established by resolution of the council.

When the foregoing conditions are fulfilled, the water department is then obligated to turn on water for the qualified consumer.

(Ord. 394 N.S. § 1, 1976: Ord. 174 N.S. § 6, 1952)

(Ord. No. 1081 N.S., § 3, 7-16-2019)

Each owner shall be responsible to the city for the payment of water delivered through water service connection or meter. An application by an owner's agent or his tenant shall not relieve the owner of his responsibility for payment of the services provided even though the application by his agent was approved by the city.

(Ord. 532 N.S. § 1 (part), 1987: Ord. 174 N.S. § 7, 1952)

Whenever a consumer vacates any premises, they shall immediately give notice thereof to the city. Upon the receipt of such notice, the city shall read the water meter, shut off the water from said premises, and within ten business days present to said consumer all unpaid bills for water furnished by the city to them up to that time. Thereupon said consumer shall pay said bills to the city within thirty days. In the event that said consumer had made a deposit as required in Section 14.04.120 of this chapter, the balance, if any, of such deposit shall be returned to the consumer, after deducting therefrom the amount of said bills. Until such notice and payment shall have been made, said premises shall be deemed occupied by such consumer and their liability continued. If a consumer vacates any premise to another location that is served by the city, said deposit may be transferred to the new residence along with any remaining balances owed at the old property. However, the city may request an additional deposit so that the total amount of the deposit is equal to the amount established by resolution of the council.

(Ord. 174 N.S. § 8, 1952)

(Ord. No. 1081 N.S., § 3, 7-16-2019)

A.

Authority to Turn On Water. No person other than an official or employee of the water department, shall turn on the water from the city mains.

B.

Illegal Consumption. When the meter registration shows a consumption after the services have been officially disconnected, the owner of the property shall be held responsible for such consumption plus a turn-on fee set by resolution of the city council from time to time with reference to this section and the water shall not be turned on for either owner or tenant until such illegal consumption and turn-on fee has been fully paid.

(Ord. 532 N.S. § 1 (part), 1987; Ord. 174 N.S. § 11, 1952)

(Ord. No. 1081 N.S., § 3, 7-16-2019)

A consumer may have the accuracy of the meter, through which water is being furnished to his premises, examined and tested by the water division of the city, by a written request. Upon receipt of such request, the division shall examine and test such meter, and if found to register more than three percent in excess of the actual quantity of water passing through it, such meter shall be removed and another meter installed in lieu thereof and the customer's utility bill for the current month corrected accordingly; otherwise, the fee set by resolution of the city council from time to time with reference to this section shall be charged to the customer on the next bill and shall be retained by and be a part of the funds and revenue of the city.

(Ord. 532 N.S. § 1 (part), 1987: Ord. 174 N.S. § 10, 1952)

(Ord. No. 1081 N.S., § 3, 7-16-2019)

A.

Delinquency. Bills are due and payable no later than the twentieth day of the month following the monthly period for which water service was provided. Any bill not paid by such date shall be considered delinquent. If not paid on or before the twenty-fifth day after it becomes delinquent, a ten percent penalty shall be added to the customer's account. Upon request of the customer one ten-percent penalty per twelve-month period may be waived if the customer has been in good standing for the past twelve-month period. If the customer enters into an automatic payment arrangement, a second ten-percent penalty may be waived at the discretion of the city manager or their designee. If the bill remains unpaid for sixty days after the delinquency date, water service may be discontinued with proper notice. Services shall not be restored until the water bill including all penalties and charges for restoration of service, turn-on fee as set by resolution of the city council from time to time with reference to this section are paid in full. Upon request of the customer, the city may waive or refund a restoration of service/turn-on fee and/or door hanger fee upon showing of excusable neglect, error by parties other than the person to whom the penalty is assessed, or extreme hardship. The city will also limit restoration of service/turn-on fees for qualified low-income customers to the extent required by law or the city's policy for discontinuation of residential water service. Such request must follow the parameters outlined in Section 14.02.100 of this chapter. Residential water consumers 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.

B.

Previous Location. A consumer's water service may be disconnected for non-payment of a bill of said consumer for water service rendered at a previous location served by the department, provided said bill is not paid within sixty days after presentation at the new location.

C.

Discontinuation of Residential Water Service. The city council shall, by resolution or motion, adopt a policy for discontinuation of residential water service. 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 water consumers.

(Ord. No. 1123 N.S., § 3, 9-20-2022)

Editor's note— Ord. No. 1123 N.S., § 3, adopted Sep. 20, 2022, amended § 14.04.170 in its entirety to read as herein set out. Former § 14.04.170 pertained to nonpayment penalties and derived from Ord. 174 N.S. § 11, adopted in 1952; Ord. 532 N.S. § 1 (part), adopted in 1987; and Ord. No. 1081 N.S., § 3, adopted July 16, 2019.

Editor's note— Ord. No. 957 N.S., § 3, adopted June 16, 2009, repealed § 14.04.180, which pertained to wasting— Penalty and derived from Ord. 174 N.S. § 12, 1952; Ord. No. 956 N.S., § 3, adopted June 2, 2009.

A.

Damage. Public fire hydrants shall be placed, maintained and repaired by the water works department. Any damage thereto by persons or agency other than representatives of the fire or water departments, shall be a claim against the person or agency committing such damage, and the superintendent of the water department shall take such action as may be necessary to collect the same.

B.

Purpose. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the water and fire departments or such person as may be authorized to do so by the chief of the fire department or the superintendent of the water department as herein provided.

C.

Permit. All persons, firms or corporations desiring to use water through fire hydrants, or other hydrants owned or controlled by the city, shall be required to obtain a permit, first, from the chief of the fire department, second from the superintendent of the water department who shall issue no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the city for water used or damage to hydrants or equipment is delinquent. And all such persons having permit for use of water from fire hydrants must provide hydrant wrenches for the operation of such fire hydrants.

D.

Cancellation. Permit for use of water through the fire hydrants of the city may be cancelled at the will of the superintendent of the water department on evidence that the holder thereof, is or has violated the privileges conveyed thereunder, Such notice of cancellation shall be in writing officially delivered to the persons to be notified and shall be immediately effective and enforced.

E.

Permit Fee. A minimum fee of two dollars shall be paid for each permit issued to use water from any fire hydrant.

If at the time the permit is issued the applicant estimates that he will use more than the minimum amount of water from a fire hydrant, the water superintendent may install a temporary meter for the measurement of the water used from said fire hydrant and the consumer shall pay for such water at the rates provided for in Section 14.04.090 hereof

(Ord. 174 N.S. § 13, 1952)

No person or persons shall place upon or about a fire hydrant, curbcock, water meter, or water gate connected with the water system of said city, any object, material, debris, or structure of any kind that shall prevent free access to the same at all times.

(Ord. 174 N.S. § 14, 1952)

In case of fire, consumers shall be required to shut off all irrigation or any steady flow of water being used when the fighting of any fire reasonably necessitates the same.

(Ord. 174 N.S. § 15, 1952)

A.

Curb Installation. All meters of the water department shall be placed at the curb line of the street whenever and wherever practicable, and be protected and maintained as a part of the operation of the department.

B.

Premise Installation. Where a water meter has been installed inside the premises of a consumer, for the convenience of the consumer, provision shall be made for convenient meter reading and repairing by representatives of the water department. Any failure to make such provision by the consumer shall be sufficient cause for removal of such meter at the option of the superintendent of the department and withholding of service until connection is made at the curb line as herein provided.

C.

City Liability. The city of El Paso de Robles shall in no way whatsoever be responsible for any damage to persons or property because of any leakage, breakage or seepage from or accident or damage to any meter or pipe situated within any private premises and said city shall not be responsible for any leakage, breakage or seepage from any pipe situated between any meter properly installed at the curb and the private premises served thereby, nor shall said city be responsible for or on account of any damage, injury or loss occasioned directly or indirectly by the existence of any meter or pipe situate upon private property.

D.

Meter Ownership. All meters serving water from the city water system, whether furnished by the city or the cost thereof is included in the service connection cost, shall become the property of the city water department and will be maintained as a part of the operation of the department.

(Ord. 174 N.S. § 16, amended by Ord. 290 §§ 5, 6, 1966)

Any officer, foreman or duly authorized representative of the water department shall at all times have the right of ingress and egress to the consumers premises at all reasonable hours for any purpose reasonably connected with the furnishing and conservation of water, for the inspection of the entire water system on said premises.

(Ord. 174 N.S. § 17, 1952)

The city reserves the right to shut off the water from any premises or from any part of the distributing system, as long as necessary, without notice to consumer, at any time when the exigencies of the occasion may require it, but in all cases of extensions of connections, said department shall notify consumers of the necessity of shutting off water and the probable length of time the water shall be shut off, before taking such action.

(Ord. 174 N.S. § 18, 1952)

No stationary steam boiler shall be connected directly with the water distribution system of said city, but in each and every case, a suitable tank of storage capacity sufficient for a twelve hours supply for said boiler shall be provided, and the service pipe supplying any tank shall discharge directly into the top of said tank.

(Ord. 174 N.S. § 19, 1952)

Whenever the superintendent of said department shall consider it necessary for the safety of the water system to have an approved check valve placed on the property side of any consumer's service, due notice shall be given to said consumer to do so. Said valve shall thereupon be immediately installed at the expense of said consumer.

(Ord. 174 N.S. § 20, 1952)

No person shall interfere with or in any manner tamper with any water meter, pipe line, or water service facility of the department, and in the event that any person shall interfere with or tamper with any of the same so that repairs or adjustments are necessary, water service to such person shall be discontinued until the cost of making the necessary repairs or adjustments shall have been paid in advance, and in addition, such person shall be subject to the penal provisions of this chapter. No by-pass or connection between a water meter and a water main shall be made or maintained without the permission in writing of the superintendent. It shall be unlawful for any person other than the authorized agents and employees of the department, to turn on water after the same has been turned off at any meter or connection, or for any reason to take or use water without notifying the superintendent or to cut in or make connections with the water mains without permission in writing from the superintendent. All owners or occupants of property supplied with water are prohibited from furnishing water to others without the written permission of the superintendent.

(Ord. 174 N.S. § 21, 1952)

No new service connection shall be made to the city water system to any premises outside the city limits of this city, unless said premises have an established lawful right to connect said premises with said city's water system.

(Ord. 174 N.S. § 22, 1952)

In addition to the penalties provided for in this chapter, any person, firm or corporation violating any of its provisions is guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment in the jail of the city, or in the jail of the county of San Luis Obispo, for not less than five days or more than thirty days or both such fine and imprisonment.

(Ord. 174 N.S. § 23, 1952)

The rates herein specified shall be in full force and effect until changed by ordinance of the city, and nothing in this chapter contained shall be construed as a contract on the part of the city to so furnish its water for any definite period or as a public utility in respect to any water furnished outside of the city. Nothing herein contained shall prevent or bar the city from recovering from any consumer the amount of indebtedness due the city for any water furnished to the consumer prior to July 14, 1952, at the rates then applicable.

(Ord. 174 N.S. § 24, 1952)