Chapter 52 — WATER

For the purpose of this chapter, the following definitions shall apply:

APPLICANT. An individual or agency applying for utility service.

COMMERCIAL SERVICE. Provision of water to premises where the customer is engaged in trade. CROSS-CONNECTION. When used herein, all applicable sections of the City Code shall apply. CUSTOMER, CONSUMER. An individual or agency of record receiving utility service from the utility.

DEVELOPER. A person or corporation requesting water service from the city regardless of the number of services. DEVELOPMENT. The improving of developed and/or undeveloped land to more fully use the available land and/or structures. A development may be a subdivision.

DOMESTIC SERVICE. Provisions of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, watering livestock, washing vehicles and other similar and customary purposes. DROUGHT. A drought or water shortage as defined in the Urban Water Management Plan or as otherwise designated by federal, state, or local government.

EMPLOYEE. Any person designated by the City Manager or the Director of Public Works to perform work and labor for the utility department, excluding contractors and their employees.

ENFORCEMENT OFFICER. The City Manager, Department Director, Public Safety Officer, or any designated

city personnel or other designated person that the City Manager or City Council has authorized and charged with the responsibility for the enforcement of any provision of this chapter.

FIRE PROTECTION SERVICE. Provision of water to premises for automatic fire protection.

FLAT RATE. A fixed periodic charge for an unmetered service.

FLAT RATE SERVICE. Provision of water in unmeasured quantities.

IDLER. That piece of pipe used to conduct water in place of a meter in flat rate service.

INDUSTRIAL SERVICE. Provision of water to a customer for use in manufacturing, processing activities, or other uses as described in the Zoning Ordinance.

IRRIGATION SERVICE. Provision of water for commercial, agricultural, floricultural or horticultural use.

MAINS. Distribution pipelines located in streets, highways, public ways, or public utility easements which are used to serve the general public.

METER. The device used to measure water consumption, such as, water meter.

METER RATE SERVICE. Provision of water in measured quantities.

MUNICIPAL or PUBLIC USE. Provision of water to a municipality or other public body.

PRE-METERED WATER USAGE. Use of city water prior to city water meters being installed by the property

owner.

RENTABLE UNIT. A rentable unit is any building or portion thereof that can be used as a completely independent unit.

SERVICE CONNECTIONS. The pipe, valves, and other facilities by which means the utility conducts water from its distribution mains to and through the meter; or, to the curb-stop or shut-off valve on an unmetered service connection.

SENIOR CITIZEN. All persons who have reached the age of 65 years and classed as “head of household” and who earn not over $7,000 annually.

SUBDIVIDER. A person, firm, corporation, partnership, or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or for others, except that employees and consultants of such persons or entities acting in such capacity are not “subdividers”.

SUBDIVISION. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a parcel or as contiguous parcels.

TEMPORARY SERVICE. A service for circuses, bazaars, fairs, construction work, irrigation of vacant property, and similar uses, that because of their nature will not be used steadily or permanently.

UTILITY. The public utility or publicly owned utility named herein.

UTILITY SERVICE. Includes water and/or sewer and/or refuse service.

WATER WASTING. The use of water in such a manner that excess water is used and not effectively utilized for the lawfully intended purpose. Water wasting includes, but is not limited to the following:

• (1) Watering lawns or gardens such that excess water leaves property or area being watered.

• (2) Washing vehicles, equipment or boats in driveways or streets using open hose.

• (3) Having leaky faucets or plumbing fixtures on premises.

(`67 Code, § 4-6-1) (Am. Ord. 2000-09, passed 12-11-00; Am. Ord. 2016-004, passed 3-8-16)

The city shall own and operate a water system serving designated areas within and without the corporate limits of the city and may purchase existing systems or construct new works as may be necessary to supply to the people within the areas an adequate and safe domestic water supply. The City Council shall designate the area within and without the corporate limits of the city which shall receive water service from the city water system. The city shall endeavor to supply safe, potable, continuous and sufficient water at proper pressure to all consumers at all times. (`67 Code, § 4-6-2)

All on-site and off-site water lines, connections, valves, plumbing and accessory water facilities shall be constructed and installed at the owner's expense, and shall be to city standards and approved by the city prior to water service turnon.

(`67 Code, § 4-6-6)

(A) All applications for water service shall be made on the forms furnished by the city. Every customer obtaining water service shall sign an application. In addition to any other information required, such application shall show a true and accurate description of the area served, purpose for which water shall be used, and the applicant's interest in the property served.

(B) Owners of property will be held responsible for water used on their premises, although payments will be accepted from tenants. In case tenants do not pay, the service may be disconnected and shall not be restored until the delinquent water charges, including the cost of water delivered as well as the cost of reconnection services, have been paid.

(`67 Code, § 4-6-7)

(A) When laterals are in place or within a reasonable distance from a particular parcel, the city will furnish water service from such line to the back of the curbline if the pipeline is located in the street or to the back of the sidewalk if a sidewalk is in place (except when there is a parkway between the curb and sidewalk) or to the property line if the pipeline is located in an easement, or alley.

(`67 Code, § 4-6-8)

(B) Water will not be furnished where there are defective or leaking faucets, closets, or other fixtures, or where there are water closets or urinals without self-closing valves, or tanks without self-acting float valves, and when such may be discovered the supply may be shut off.

(`67 Code, § 4-6-9)

(A) All pipelines and appurtenant facilities constructed in or under city streets, easements, or alleys shall become the property of the city upon completion of the installation, and upon final inspection and acceptance of the lines by the Director of Public Works.

(`67 Code, § 4-6-16)

(B) The city will maintain all mains, laterals, and appurtenances within the city right-of-way, on city property or easements. It shall be the responsibility of all water users to maintain the water service line from, but not including the water meter, to the outlets of the line, inclusive of city easements.

(`67 Code, § 4-6-18)

When a line is to be constructed across private property to serve one or more parcels of land, a utility easement shall be granted to the city and the easement line, size and installation approved by the Director of Public Works. (`67 Code, § 4-6-17)

No person or water user shall turn on or reconnect a water meter or water connection that has been turned off or disconnected by the city.

(`67 Code, § 4-6-20) Penalty, see § 10.99

Any person, including a public utility, who damages any city water line or fire hydrant, shall immediately report the location and extent of damage to the city. The city shall thereupon repair the damage and charge the cost of such repair to the person or utility who caused the damage.

(`67 Code, § 4-6-22)

It is unlawful for any person to operate, alter, change, remove, disconnect, connect with, or interfere in any manner with any fire hydrant owned or used by the city without first obtaining written permission from the Chief of the Fire Department or his designated officer in charge.

(`67 Code, § 4-6-29) Penalty, see § 10.99

If more than one consumer is served from one service connection, the owner of the property or his agent shall be required to sign for and guarantee payment for water service thereat, and the owner shall be liable for all water served through such connection.

(`67 Code, § 4-6-23)

(A) The city shall not be liable for any damage to the property of the consumer or others caused by broken, damaged, or leaky fixtures upon the premises of the consumer. The city may charge for all water supplied the consumer through a meter, even though the water is wasted because of broken, damaged, leaky or open fixtures. The city shall in no case be liable for damages occasioned by water running from open fixtures in or on premises to which it has turned on the water. All consumers having an arrangement for hot water shall have a tank from which to feed the boiler. The city shall not be responsible for the safety of boilers on the premises of any consumer. (`67 Code, § 4-6-24)

(B) When old plumbing is being repaired or remodeled, or new plumbing is being installed, the owner shall install a stopcock or valve on the pipe between the property line and the first fixture on his premises. Unless such stopcock or valve is installed, the city shall not be required to turn on the water or to install a service connection. (`67 Code, § 4-6-25)

(C) No plumber or other person will be allowed to make any alteration to any conduit, pipe, or other fixture connecting with the city mains, or to connect pipes when they have been disconnected, or to turn water off or on at the premises without the permission from the city.

(`67 Code, § 4-6-26)

Whenever fire protection water service on a standby basis is furnished to a customer, a charge of $2 per month per each inch of standby service shall be made and billed bi-monthly while such service is being furnished. Check valves are required and shall be tested and certified for correct operation annually at owner's expense. (`67 Code, § 4-6-32)

(A) No person may drill, dig, install or operate a water well within the city for any purpose without the consent of the City Council.

(`67 Code, § 4-6-34) (Ord. 83-1, passed 3-28-83)

(B) No person owning or operating an existing well within the city may furnish water for sale or gift.

(C) If a request is received to connect the city water system from an owner having a well on his property, that well shall be properly abandoned in accordance with city standards, or an approved backflow prevention device shall be installed before the connection can be made.

(`67 Code, § 4-6-35) (Ord. 83-1, passed 3-28-83) Penalty, see § 10.99

Any new subdivision or development which will receive water service from the city water system shall, at the subdivider's expense, install and construct the necessary main lines, laterals, meter boxes, service connections, and fire

hydrants in accordance with city specifications. The subdivider or developer shall convey ownership thereof to the city and pay to the city connection fees for each lot or parcel to be served in the subdivision or development. The mains shall extend to the farthest limits of the subdivision or development as approved by the City Engineer. Water mains shall be looped unless otherwise approved by the City Engineer.

(`67 Code, § 4-6-37) (Ord. 83-1, passed 3-28-83)

No person shall knowingly make any false statement, representation, record, report, plan or other document filed with, or to be filed with or taken by, the city.

(`67 Code, § 4-6-44) Penalty, see § 10.99

(A) Any land owner using pre-metered water as defined in § 52.01 shall be required to pay a fee equal to the minimum monthly rate for metered water as established from time to time by the City Council. The pre-metered water usage fee shall be paid at the time of the issuance of a building permit. The minimum fee collected shall be a two month billing cycle of the established minimum metered rate. The pre-metered rate shall continue until the land owner installs an approved water meter. Failure to cause the installation of a water meter may result in disconnection of water service.

(B) The City Council finds that this section is enacted in order to off-set the loss of water revenue and to establish city criteria in the regulation of pre-metered water usage.

(Ord. 2000-09, passed 12-11-00)

WATER USE REGULATIONS

It shall be the responsibility of all water users to prevent contamination of or damage to water meters or water systems by reason of their operation of the water outlets and water equipment, and if required by the city, the water users shall install, at their expense, check valves, surge tanks, backflow prevention devices, or other devices as prescribed by the Director of Public works in order to avoid damage to or contamination of the meters or systems. Check valves and back flow prevention devices must be tested when installed and annually thereafter at customer's expense.

(`67 Code, § 4-6-5)

No water user using water supplied by the city, shall supply any other person with such water or allow any other person the use of such water from the water user's water connection or permit a further connection to be made to the water user's connection on his or any other premises unless authorized by the city. (`67 Code, § 4-6-21) Penalty, see § 10.99

No water shall be used for irrigation purposes by means of an open hose without a quick-acting positive shut-off nozzle on the hose, nor shall such use of water be wasted or used except as allowed by the Riverbank Municipal Code.

(Ord. 2016-004, passed 3-8-16) Penalty, see § 10.99

• (A) No person shall make connection with the system without first obtaining a permit from the city.

• (B) No unauthorized person shall turn on or off or otherwise interfere with any water line or appurtenant facility.

• (C) No person shall waste water.

• (D) No person shall install or maintain any pipe, faucet, hose bib, fixture or appliance connected to the water system in such condition or state of disrepair that water may be or is lost or wasted.

(E) No person shall supply city water to anyone without city authorization. The city shall have the right, upon five days' written notice to cease, to disconnect the water service for the person supplying the water.

(F) No person shall construct a bypass around any meter or service.

(`67 Code, § 4-6-36) (Ord. 83-1, passed 3-28-83) Penalty, see § 10.99

In addition to all other provisions and requirements of this chapter, the following additional rules and regulations for the use of water are hereby established. These provisions shall apply to all persons using water in the city regardless of whether any person using water shall have a contract for water service with the city.

(A) Vehicle washing. The washing of commercial and noncommercial privately owned automobiles, trucks, trailers, motor homes, boats, buses, and other types of vehicles is restricted to the use of a hand-held bucket and quick rinses using a hose with a quick-acting positive shut-off nozzle.

(B) Washing exterior surfaces. There shall be no washing of building exteriors, mobile home exteriors, sidewalks, patios, driveways, gutters or other exterior surfaces, unless permitted by the Public Works Director, or Superintendent, or his/her designee, and done with the use of a quick-acting positive shut-off nozzle on the hose.

(C) Outdoor water use. A drought, water shortage, or waste of water may require the city to implement regulations as expeditiously as such findings occur. The City Council by resolution shall establish water conservation regulations to address such findings, which may include but are not limited to water conservation regulations that are mandated by the state or federal government.

(D) Violations. It shall be unlawful for any customer or person to fail to comply with any of the provisions set forth by this section or by City Council resolution. The Enforcement Officer or designee may issue an administrative citation for failure to comply.

(E) Penalties. Failure to comply with any provision, requirement, rules or regulations under this chapter shall be unlawful and punishable as an infraction.

(1) In addition to the stated penalties, the city may pursue any available civil remedies and criminal penalties together with any and all costs incurred by the city as a result of violation of this section or any City Council resolution adopted pursuant to this section.

(2) At the discretion of the Enforcement Officer with the approval of the City Manager, an issued administrative citation for noncompliance of this section may be reduced to a formal written warning and the related citation fines waived or the citation may be cancelled after review of the findings. All results of a citation issued shall be entered into the record. Any further violation of the water conservation regulations provided in this section or adopted

pursuant to this section shall result in the imposition of an administrative citation and its related penalties as set forth herein.

(3) Penalties for noncompliance with water conservation regulations provided in this section or adopted pursuant to this section shall be as follows and may be amended from time to time by City Council resolution:

(a) The fine for the first violation is $100.

• (b) The fine for the second violation is $200.

• (c) The fine for the third violation is $300.

• (d) The fine for the fourth violation is $400.

• (e) The fine for the fifth violation and each subsequent violation thereafter is $500.

(F) Payment of fines. Fines shall be placed on the customer’s water bill and paid in accordance with § 52.64 of this chapter.

(G) Citation appeal hearing. Any customer or person receiving an administrative citation for noncompliance of this section may request an appeal hearing pursuant to the administrative remedies provided in Chapter 99 of the Riverbank Municipal Code. Any customer or person seeking an appeal hearing of an issued administrative citation for noncompliance of this section shall file an appeals request form within 15 days of the citation. Failure to timely file a request form shall waive the right to appeal the violation. At the end of the 15 day period, all fines incurred for noncompliance with this section shall be placed on the customer’s water bill for payment.

(Ord. 2016-004, passed 3-8-16)

(A) Public water supply protection required. In accordance with the requirements of 17 Cal. Code of Regs. §§ 7583 through 7622 and Cal. Health & Safety Code §§ 116800 et seq. , no water service connection to any premises shall be installed or maintained by the city unless the public water supply is protected as required by state regulations and the requirements stated below. This section supplements and does not supersede local plumbing regulations, codes or ordinances or state Department of Public Health Regulations relating to water supply.

(B) Where protection is required . In general, backflow prevention devices shall be installed on the service connection to any premises having:

(1) Any service connection having an auxiliary water supply, or internal systems containing water of deteriorating quality.

(2) Any service connection to any sewage treatment plant, sewage pumping station, or any premises which handle or transport sewage;

(3) Any service connection where any substance is handled under pressure in such fashion as to permit entry into the water system;

(4) Any service connection where material dangerous to health or toxic substance that might possibly be introduced into the water system;

(5) Any premises which is served by more than one meter connection.

(6) Any service where lawn or garden sprinkling systems are present shall have a backflow prevention device installed on the lawn or garden sprinkler supply line.

(7) The type of protection required for each type of premises shall be as stipulated in the city standards.

(C) Private wells prohibited. No person may drill, dig, install or operate a water well within the city for any purpose without the consent of the city.

(D) Existing wells. No person owning or operating an existing well within the city may furnish water for sale or gift to any other premises. If request is received to connect to the city water system, from an owner having a well on his property, that well shall be properly abandoned in accordance with state and city standards, or an approved reduced pressure principle backflow prevention device shall be installed before the connection can be made.

(E) Responsibility for installation, inspection and maintenance. Backflow prevention devices required herein shall be installed in accordance with city standards at the expense of the customer.

(1) All backflow preventers shall be inspected, tested, and maintained by a certified backflow prevention device tester, on a regular basis and a report of such activity shall be submitted to the city on forms provided by the city.

(2) In general, the backflow prevention device shall be inspected and tested at time of installation and thereafter according to the following schedule:

(3) All inspections, testing, maintenance and reporting shall be done at the expense of the customer. (F) Discontinuance of service. The city may shut off service to any premises and may physically disconnect the customer's piping from the city's water distribution system if a backflow prevention device required by this section is not installed, tested, and maintained as required, or if any defect is found in an installed backflow prevention device, or if it is found that a backflow prevention device has been removed or bypassed, or if unprotected cross-connection exist on the premises; and service will not be restored until such conditions or defects are corrected. (`67 Code, § 4-6-47) (Ord. 85-03, passed 6-24-85)

METERS

The quantity of water furnished by the city to all water users shall be determined and ascertained by a meter. (`67 Code, § 4-6-10)

All water meters shall be installed adjacent to and on the property owner's side of the curbline if installed along a street, and on the property line if installed in an alley. (`67 Code, § 4-6-11)

(A) Water meters and meter boxes are the property of the city and it shall be unlawful to damage or interfere with them or to place dirt, trash, or other obstructions on or over the meter boxes. (`67 Code, § 4-6-12)

(B) If a meter or appurtenances are damaged by the carelessness or negligence of the owner or occupant of the premises, the Public Works Department will repair the meter and the cost of such repairs shall be charged against the owner of the property, and if not paid within 30 days, shall become a lien against said property. (`67 Code, § 4-6-15)

(A) In the event any meter fails to operate properly or to correctly register the water used, the charge for the period during which the meter fails to operate properly or fails to register water, shall be based upon the average daily consumption for the same period of the prior year by the same user. If such a reading is not available, the city shall

estimate the amount of such consumption from all information available and the consumer shall be charged on the basis of such estimate for water consumed.

(`67 Code, § 4-6-13)

(B) When any water consumer makes a complaint that the bill for any particular period is excessive, the Public Works Department will, upon request, have such meter re-read and the service inspected for leaks. Should such consumer then desire that the meter be tested, he will be required to make a deposit of $10 to cover the cost of making such test. The meter will then be changed or tested. Should the meter be found to register over 3% more water than actually passes through it, another meter will be substituted therefor, and the fee of $10 shall be refunded to the person making the request. If the meter is found to register not over 3% the $10 deposit shall be forfeited to the city and the water bill paid as rendered.

(`67 Code, § 4-6-14)

Any person desiring to change the location or size of a service that has already been installed shall make an application to the city, and, upon payment in advance of the cost as determined by the city, the city may cause said change to be made. No such change will be made unless such change is determined to be feasible and can be done at a reasonable cost.

(`67 Code, § 4-6-19)

RATES AND CHARGES

(A) The Director of Finance shall collect all monies that shall become due to the city for water services, connection fees, payments for extensions, and all other costs, charges, penalties, and fees as provided herein and shall pay them into the city treasury and account for them in the same manner as the Director of Finance pays into the city treasury and accounts for all other sums received in his official capacity.

(B) All monies so collected shall be placed in a special fund to be known as the Water Fund and such money shall thereafter be expended for the administration, engineering, operation, maintenance and expansion, including the purchase of land and/or easements, of the city water system.

(`67 Code, § 4-6-4)

Unless otherwise provided in this chapter, the amounts of all charges provided for herein, including but not limited to, water rates, connection fees, deposits, turn-on charges, penalties, and reconnection fees, shall be established from time to time by ordinance of the City Council. The failure to pay any fee or charge pursuant to this chapter shall constitute a violation of this code and shall be subject to fines and penalties set forth in the city code. (`67 Code, § 4-6-38) (Am. Ord. 2016-004, passed 3-8-16)

(A) Water service charges. The bimonthly rates for water service are as follows:

(1) The minimum bimonthly charge to all water users, by water meter size for up to 1,000 cubic feet of water, is established as follows:

(2) Quantity rates for all water users exceeding the 1,000 cubic foot minimum charge for the particular meter size shall be:

All rates expressed in the table are on a per 100 cubic feet basis

• Drought surcharges will be applied only during billing periods in which conservation mandates are in effect due to ongoing drought conditions, as required by the state or under the city’s Urban Water Management Plan.

(B) Connection fees. Connection fees for water service for properties in the city shall be as follows:

(1) Connection fees in subdivisions shall be determined at the time of recording the final map.

(2) Connection fees for parcels not in subdivisions (infill) shall be as follows:

(C) Inspection fee. A $75 water meter inspection fee will be required per inspection.

(D) Well destruction permit. Any property owner seeking to abandon their well must first obtain a well destruction permit from the City of Riverbank Public Works Department. The fee for the permit shall be $75.

(Ord. 83-1, passed 3-28-83; Am. Ord. 2005-005, passed 4-25-05; Am. Ord. 2005-008, passed 5-9-05; Am. Ord. 2005012, passed 7-11-05; Am. Ord. 2006-010, passed 7-10-06; Am. Ord. 2007-003, passed 7-9-07; Am. Ord. 2008-007, passed 7-14-08; Am. Ord. 2010-001, passed 6-28-10; Am. Ord. 2015-015, passed 10-13-15)

All water charges, fees and deposits shall be paid at the time service is requested. No building, plumbing or electrical permit shall be issued until said water charges, fees and deposits are paid. (`67 Code, § 4-6-39) (Ord. 83-1, passed 3-28-83)

Each charge levied by or pursuant to this chapter or any resolution adopted pursuant to this chapter, is hereby made a lien upon the property which received the benefit of the service or facility for which the charge was made, and any steps authorized by law may be taken by the city to enforce payment of such lien. (`67 Code, § 4-6-40) (Ord. 83-1, passed 3-28-83)

(A) Water bills shall be rendered on a bimonthly basis and are due and payable upon receipt and shall be considered delinquent if not paid seven days after mailing or e-mailing by the city.

(B) Any bill which is not paid by close of business 35 calendar days after the bill is issued, shall be subject to a 10% penalty. If the bill is not paid within 60 days after it becomes delinquent, the water service may be discontinued and an additional charge for the subsequent turn-on shall be paid by the consumer according to the requirements established in the city's Residential Water Shut-Off Policy adopted by resolution of the City Council.

(C) When a service is discontinued due to nonpayment of bills, service shall not be resumed until all charges and penalties are paid pursuant to the procedures set forth in § 52.66. All charges and penalties which are not paid shall become a lien on the property. Termination of service shall not be effective to a residential dwelling for nonpayment while an investigation of a customer dispute or complaint is pending or in progress by the city. Termination of water service shall not be affected on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the city are not open to the public.

(`67 Code, § 4-6-41) (Ord. 83-1, passed 3-28-83; Am. Ord. 93-06, passed 11-22-93; Am. Ord. 2005-012, passed 7-1105; Am. Ord. 2022-005, passed 9-27-22)

(A) Applicants for utility services are required to establish credit before receiving such service. Credit shall be deemed established if the applicant meets one of the following options:

(1) Makes a cash deposit of $60 as a guarantee for the payment of future bills.

(2) Has been a customer of city utility services for 12 consecutive months within the last 18 months, and during such time has paid all bills without any delinquency.

(3) Provide the city with a letter of credit reference from another utility company showing an on-time payment record for the period of at least the 12 consecutive months directly prior to the date of the requested service.

(B) If a consumer's service is disconnected for nonpayment, the city may apply the deposit insofar as necessary to liquidate the account and may require that the deposit be restored to an amount twice the original deposit amount.

(C) After a cash deposit to guarantee payment for metered or measured water service has stood unimpaired for 12 months, such deposit shall be applied to the depositor's current account balance. Upon closing any account, the balance of any deposit remaining, after the closing bill for service has been paid, shall be returned promptly to the depositor.

(`67 Code, § 4-6-42) (Ord. 83-1, passed 3-28-83; Am. Ord. 2000-04, passed 4-10-00; Am. Ord. 2005-005, passed 4- 25-05; Am. Ord. 2022-005, passed 9-27-22)

(A) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

• (1) That all bills are due and payable on or before the date set forth on the bill;

(2) That if any bill is not paid by or before that date, a written cut-off notice will be sent to the customer in accordance with the city's Residential Water Shut-Off Policy, detailing the date by which payment or arrangement for payment is required to avoid discontinuation of service and options for payment to avert discontinuation of service; and

(3) That any customer disputing the correctness of his or her bill shall have a right to a hearing, at which time he or she may be represented in person and by counsel, or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.

(B) The city may adjust or delay payment of water bills in accordance with the city's Residential Water Shut-Off Policy that has been adopted by resolution of the City Council.

(C) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge, the amount of which shall be governed by the city's Residential Water Shut-Off Policy, adopted by resolution of the City Council.

(Am. Ord. 2022-005, passed 9-27-22)

ADMINISTRATION

The management, control and care of the city water system shall be vested in the City Manager under the direction of the City Council.

(`67 Code, § 4-6-3)

Access to service connections, turn-off valves and meters must be provided for the city at all times. (`67 Code, § 4-6-28)

Any authorized agent of the city shall have the right at all times during reasonable hours to enter any premises being supplied with water for the purpose of examining the condition of water pipes, water closets, and other plumbing, and in case a leak is found, to shut off the water until the leak is repaired by the consumer. (`67 Code, § 4-6-30)

The city shall have the right at any time to shut off, ration, or apportion water by reason of an emergency, shortage or water supply, or for making repairs, modifications, changes or other work in city water service facilities. (`67 Code, § 4-6-31)

Whenever the Water Department receives a written request from any property owner to terminate or discontinue water service to any property for the reason that the property is unoccupied and does not require such service, the Water Department shall terminate water and sewer services as of the date such notice is received, and shall make no further charges for water or sewer services until the owner requests resumption of service. Until such request is received, all such charges as provided shall be due and payable.

(`67 Code, § 4-6-33)

In order to enforce the provisions of this chapter, the city may correct any violation of this chapter. The cost of such correction, including attorney's fees, may be added to any water service charge payable by the person occupying the property upon which the violation occurred, and the city shall have such remedies for the collection of such costs as it has for the collection of water service charges.

(`67 Code, § 4-6-43)

Any person violating the provisions of this chapter is guilty of an infraction. (`67 Code, § 4-6-46) (Ord. 83-1, passed 3-28-83)