Pomona Municipal Code § 62-296 Meter failure

Footnotes:

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Editor's note— Ord. No. 4188, § 3, adopted July 7, 2014, added a new Division 3 and renumbered former Division 3 as Division 4 as set out herein.

(a) With the exception of property-related fees or charges adopted pursuant to the procedural and substantive requirements of article XIII D of the California Constitution including, without limitation, those fees described in sections 62-291 through 62-295, the fees and charges set forth in this article shall be updated annually on January 1 each year by an adjustment of all rates and fees as set forth in this section. Property-related fees and charges shall be subject to increases as set forth in the respective schedule of rates and charges.

(b) The annual adjustment shall be made by multiplying each rate and fee included in this article by the Los Angeles - Riverside - Orange County Consumer Price Index for All Urban Consumers of the preceding July and by dividing the result of such multiplication by the same index of the July of the prior year, as reported by the CPI Detailed Report, Bureau of Labor Statistics. The result of such calculation shall be rounded to the next lower cent and added to the old rate to become the rate and the amount for the ensuing year. The new rates shall be effective on January 1.

(c) Additionally, on January 1 each year beginning January 1, 2000, the fees and charges set forth in this article shall be updated annually for the following expenses:

(1) Federal and state water quality requirements;

(2) Cost of purchased water adjustments;

(3) Groundwater basin replenishment assessments and other costs; and

(4) Other extraordinary operating expenses which exceed the Consumer Price Index adjustment.

(Code 1959, § 34-70; Ord. No. 3293, § 5; Ord. No. 3882, § 14; Ord. No. 4075, § 2; Ord. No. 4266, § 2, 8-5-2019)

All water service furnished by the department shall be subject to the rates as set by the city council by resolution.

(Code 1959, § 34-15; Ord. No. 1359, § 410; Ord. No. 1789, § 1; Ord. No. 2748, § 1 (part); Ord. No. 2833, § 1 (part); Ord. No. 2975, § 1 (part); Ord. No. 3133, § 2 (part); Ord. No. 3293, § 1 (part); water department memorandum dated 12-13-1989; Ord. No. 3547, § 1 (part); Ord. No. 3548, § 1 (part); water department memorandum dated 12-3-1991; Ord. No. 3882, § 1; Ord. No. 4266, § 3, 8-5-2019)

Editor's note— Ord. No. 4266, § 4, adopted Aug. 5, 2019, repealed § 62-292, which pertained to outside city and derived from Code 1959, § 34-16; Ord. No. 1359, § 411; Ord. No. 1789, § 1; Ord. No. 2748, § 1 (part); Ord. No. 2833, § 1 (part); Ord. No. 2975, § 1 (part); Ord. No. 3133, § 2 (part); Ord. No. 3293, § 1 (part); water department memorandum dated 12-13-1989; Ord. No. 3547, § 1 (part); Ord. No. 3548, § 1 (part); water department memorandum dated 12-3-1991; and Ord. No. 3882, § 2.

All water service provided by the department for private fire service shall be subject to rates as set by city council resolution.

(Code 1959, § 34-17; Ord. No. 1359, § 411A; Ord. No. 2748, § 1 (part); Ord. No. 2975, § 1 (part); Ord. No. 3133, § 2 (part); Ord. No. 3167, § 1; Ord. No. 3293, § 1 (part); water department memorandum dated 12-13-1989; Ord. No. 3548, § 1(part); water department memorandum dated 12-3-1991; Ord. No. 3882, § 3; Ord. No. 4266, § 5, 8-5-2019)

Editor's note— Ord. No. 4266, § 6, adopted Aug. 5, 2019, repealed § 62-294, which pertained to special zone charges for certain territory annexed to city and derived from Code 1959, § 34-17.1; Ord. No. 2285, § 1; and Ord. No. 2982, § 1.

If premises become vacant, the regular minimum water rates shall be charged, and no refund or discount shall be made unless the water has been shut off by the department upon written request of the consumer or owner of the premises.

(Code 1959, § 34-18; Ord. No. 1359, § 412)

If a water meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption according to the season, as shown by the meter when in use and registering accurately.

(Code 1959, § 34-19; Ord. No. 1359, § 413)

Water service for contractors shall be subject to a surcharge equal to that levied upon the city by the metropolitan water district and/or other suppliers of imported water as a part of their water conservation plan as constituted or as modified. The rates for temporary service for contractors and the conservation surcharge are set by the city council by resolution.

Temporary construction meters shall be used at all times during water consumption from hydrants, and shall be on site and available for readings during normal business hours. In the event that a meter is lost, stolen, damaged, or otherwise treated in a manner resulting in a loss of consumption data, the contractor shall be responsible for all applicable costs, up to the full replacement costs, as is determined by the City of Pomona's Utility Services Department.

(Code 1959, § 34-20.1; Ord. No. 1359, § 415; Ord. No. 2833, § 1 (part); Ord. No. 2975, § 1 (part); Ord. No. 3133, § 2 (part); Ord. No. 3293, § 1 (part); water department memorandum dated 12-13-1989; Ord. No. 3548, § 1 (part); Ord. No. 3587 § 1 (part); water department memorandum dated 12-3-1991; Ord. No. 3882, § 4; Ord. No. 4075, § 3)

The manager may, subject at all times to the review and approval of the city council, adjust and grant rebates from the water rates to indigent persons. If any dispute occurs as to a charge to a consumer, the manager may determine it; provided, however, that all persons affected thereby shall have the right to appeal such determination to the council, and the decision of the council in such respect shall be final and conclusive as to all parties.

(Code 1959, § 34-20.2; Ord. No. 1359, § 416)

All water bills shall be due and payable upon presentation and shall become delinquent 20 days thereafter. Further, all charges for labor furnished as well as all other service charges shall constitute a valid and subsisting claim in favor of the city and against the owner of the property or the person to whom such services are rendered. All accounts shall be due and payable upon presentation and shall become delinquent 20 days thereafter. If any account is not paid within 80 days after presentation, the department shall turn off the water and discontinue such service. If water is turned off, as provided in this section, it shall not be turned on again until all legitimate charges for service rendered at the point of service and which are delinquent have been fully paid. Included in these legitimate charges will be charges as set by the city council by resolution for processing and/or making a service call to turn the water off or on between the hours of 7:30 a.m. and 5:00 p.m., exclusive of weekends and holidays. The charge for making a service call between the hours of 5:00 p.m. and 7:30 a.m. and on weekends and holidays is set by the city council by resolution. These charges apply even if the meter is not physically turned off. In addition to the remedy in this section, the city may sue in any court of competent jurisdiction for any amount due and payable, together with penalties, for the costs of such suits, and for such other and further relief as to the court may appear appropriate in the premises.

Pursuant to Ordinance No. 4154, those city water customers who are "living within the City of Pomona lower income poverty rate" may apply for a one-percent reduction of the above-referenced delinquency charge. The water customer must apply for the reduction of the delinquency charge to the city treasurer. The city treasurer shall then follow the criteria set forth in section 50-218 of this Code and, if the water customer's application meets such criteria, the city treasurer shall grant the one percent reduction of the delinquency charge. The foregoing shall only apply to city water customers.

Pursuant to section 116906 of the California Health and Safety Code, the city council has adopted a policy on discontinuation of residential water service for nonpayment. Such policy includes, but is not limited to, additional provisions concerning billing, discontinuation of service, notification of customers and occupants, restoration of service, procedures to contest or appeal a bill, extensions and/or other payment arrangements, additional programs for qualified low-income customers, procedures for becoming a customer of the city under specified circumstances, and related matters. To the extent the policy adopted pursuant to this section conflicts with any provisions of this article, the policy shall control.

(Code 1959, § 34-20.3; Ord. No. 1359, § 417; Ord. No. 2748, § 1 (part); Ord. No. 2975, § 1 (part); Ord. No. 3133, § 2 (part); Ord. No. 3293, § 1 (part); water department memorandum dated 12-13-1989; Ord. No. 3548, § 1 (part); water department memorandum dated 12-3-1991; Ord. No. 3882, § 5; Ord. No. 4154, § 1, 3-19-2012; Ord. No. 4280, § 2, 2-3-2020)

Flow testing of water mains through fire hydrants shall be done at all times by or under the direct supervision of utility services department personnel. A fee for such tests, when not a part of the normal maintenance of the water system, shall be established by the manager of the utility services department to defray all costs of performing such tests, including but not limited to costs of water, labor and such specialized equipment deemed necessary for such tests. The fee shall be paid to the department prior to the authorization of such tests.

(Code 1959, § 34-20.4; Ord. No. 3587, § 1 (part))

Every applicant for a new connection to the potable water service operated by the City of Pomona, Utility Services Department, shall pay to the utility services department a connection fee for such new service as set by the city council by resolution. Such fee shall not be applicable as to any parcel where the applicant or their predecessor in interest previously paid such fee to the utility services department for such parcel.

(Ord. No. 4075, § 4)

Editor's note— Ord. No. 4075, § 4, adopted January 8, 2007, repealed the former § 62-321, and enacted a new § 62-321 as set out herein. The former § 62-321 pertained to existing mains and derived from Code 1959, § 34-49; Ord. No. 1359, § 460; Ord. No. 1491, § 2; Ord. No. 2423, § 1 (part); Ord. No. 2748, § 3 (part); Ord. No. 2832, § 2 (part); Ord. No. 2974, § 2 (part); Ord. No. 3132, § 3 (part); Ord. No. 3293, § 3 (part); water department memorandum dated 12-13-1989; Ord. No. 3548, § 3 (part); water department memorandum dated 12-3-1991; Ord. No. 3882, § 11.

(a) An applicant applying for water service where no utility services department main four inches or larger exists shall, before such application is accepted, pay to the utility services department a water main installation charge as set forth by the city council by resolution. However, such service shall be given at the nearest distribution main unless water main installation charges for 75 percent of the front footage which may be served by the extension have been paid to the utility services department. If an applicant pays an amount in excess of his front-foot share, a refund agreement shall be entered into as set forth in section 62-325.

(b) An applicant applying for water service where, by reason of its topography or remoteness from the existing service area of the water distribution system, or where the estimated costs of the extension of the main necessary to serve the property is more than $2,000.00 may be required to deposit, before the application is accepted, the estimated amount of money necessary to defray the entire cost of the main extension. Upon receipt of this deposit the utility services department will proceed with the plans for the installation of the water main extension. If upon completion of the installation the actual cost is greater than the amount deposited, the applicant shall pay the difference to the utility services department. If, however, the actual cost is less than the amount deposited, the difference will be refunded by the department. The city shall then enter into a contract with the applicant for a refund of a portion of the money deposited as set forth in Section 62-325.

(Code 1959, § 34-50; Ord. No. 1359, § 461; Ord. No. 1491, § 3; Ord. No. 3724, § 4; Ord. No. 2423, § 1 (part); Ord. No. 2748, § 3 (part); Ord. 2832, § 2 (part); Ord. No. 2974, § 2 (part); Ord. No. 3132, § 3 (part); Ord. No. 3293, § 3 (part); water department memorandum dated 12-13-1989; Ord. No. 3548, § 3 (part); water department memorandum dated 12-3-1991; Ord. No. 3882, § 12)

(a) A developer applying for service to a subdivision development shall submit a tentative map or sketch of his proposed improvements. The utility services department will then prepare an estimate indicating the water facilities required, including service connections and their estimated cost. The estimate will include an amount for a cash deposit for the department's costs of inspection, disinfection, compaction tests and other work where required. Construction plans shall be prepared by a registered engineer and submitted to the utility services department for approval. The facilities shall be installed under the department's inspection, which will be provided only after a cash deposit is made and all other city permits and conditions have been fulfilled. The selected contractor shall be a qualified class A contractor. The utility services department will file a notice of completion after all work is completed. The notice of completion will not be filed until the utility services department manager is satisfied that the following conditions were met:

(1) Valve boxes are set flush with the finished pavement.

(2) Meter boxes are set to the finished grade.

(3) Bond requirements are completed.

(4) Required right-of-way is granted to the city. The developer shall have an engineer or title company submit the easement description for preparation of the easement document the by city.

(5) As-built plans are submitted.

(b) Prior to commencing work, the developer shall deposit in cash the amount of estimated utility services department charges and post a performance bond on a form approved by the utility services department for the balance. The amounts will be noted on the water main estimate. An assignment of an account in an approved bank or savings and loan association on an approved form can be accepted in lieu of the bond requirement. Twenty-five percent of the bond or the cash assignment shall remain in effect for one year after the notice of completion is filed to guarantee the water facilities against leaks, breaks, faulty materials or workmanship and against settlement of backfill and damage to surfacing. Only by such financial arrangements would the city sign a subdivision title sheet and provide letters stating financial requirements have been completed to provide water.

(c) All meters will be installed by the utility services department in accordance with the requirements of sections 62-241 through 62-245.

(d) If all or part of a subdivision development is adjacent to an existing water main, all connections to be installed to those lots adjacent to existing water mains shall be in accordance with the requirements of sections 62-321 and 62-322. All other lots shall be in accordance with this section.

(e) When, at the discretion of the utility services department, a water main size must be increased to greater than ten inches in diameter, the utility services department will reimburse the developer at the per-foot rate set by resolution of the city council. The utility services department will reimburse the developer, in cash, within three years after the notice of completion for oversized main requirements.

(Code 1959, § 34-51.1; Ord. No. 2832, § 2 (part); Ord. No. 3132, § 3 (part))

Cross reference— Subdivision and zoning, ch. 78.

When there is an application for water service to be extended into an area which has in the past been served by a domestic water system other than that of the utility services department, the department will make a survey to determine the extent of the existing service and potential service; analyze and appraise the existing mains; and make a study of the production, transmission and distribution requirements to serve the applicant area to the standards established by the utility services department and its own service areas. The utility services department manager will analyze these studies and recommend to the city council what will be necessary to bring the applicant area to its standards. He will consider those portions of the existing system which can be used and allow in his report credit for them. Upon review of the manager's report, the council may then set forth the conditions upon which service may be extended into the affected area.

(Code 1959, § 34-52; Ord. No. 1359, § 462)

If an applicant is required by the utility services department to deposit an amount of money for water main extensions in excess of that required to cover the water main installation charges or connection charges for the applicant's property, the city will enter into a refund agreement with the applicant providing for the refund of that money which the utility services department may collect as water main connection charges from subsequent consumers connecting to the water main. The refund agreement is to be in effect for a period of ten years from the date the main is placed in service, after which time the city shall be released of any further obligations to make refunds to the applicant.

(Code 1959, § 34-53; Ord. No. 1359, § 463)