San Clemente Municipal Code Art. I In General

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Administrative overhead charges" means charges which include those elements of cost necessary to the construction of an item or the performance of a service which do not become an integral part of the finished product or service, such as supervision, insurance, accounting, electricity, etc. These charges will be based on such costs of the past fiscal year as a basis for the current year as certified by the Finance and Administrative Services Director.

"Applicant" means an individual or agency applying for water service.

"Customer" means an individual or agency of record receiving water service from the Municipal Water Division.

"Date of presentation" means the date upon which a bill or notice is mailed or delivered personally to the customer.

"Domestic service" means provision of water for household, residential purposes, including water for sprinkling lawns, gardens and shrubbery, watering livestock, washing vehicles and other similar and customary purposes.

"Fire protection service" means provisions of water to premises for automatic fire protection.

"Industrial service" means provision of water to a customer for use in manufacturing or processing activities.

"Irrigation service" means provision of water for commercial, agricultural, floricultural or horticultural use.

"Main extensions" means extensions of distribution pipelines, exclusive of service connections, beyond existing facilities.

"Mains" means distribution pipelines located in streets, highways, public ways or private rights-of-way which are used to serve the general public.

"Meter rate service" means provision of water in measured quantities.

"Municipal use" means provision of water to other departments within the City government.

"Owner" means any person holding fee Title to any premises as shown in the official records of the County Recorder of the County of Orange.

"Premises" means the integral property or area, including improvements thereon, to which water service is or will be provided.

"Service connection" means the tapping connection, the pipe, valves and other facilities by means of which water is conducted from the distribution main to the meter.

(Ord. 1135 § 3, 1994; prior code § 32-1)

The Water Division of the Public Works Department, subject to the general policy provisions enacted by the City Council, shall be under the direct supervision of the Utilities Manager. It is the duty of the Utilities Manager to devote his or her entire working time to the affairs of such division and to keep the Utilities Director generally advised respecting such division, its status, requirements and activities. He or she shall also see that the rules are enforced.

(Ord. 1244 § 1 (part), 2000: prior code § 32-2; Ord. No. 1648, § 3, 12-5-2017)

The area in which service is or will be furnished by the Water Division is that area which is within the City. The area does not exclude those areas outside the City which may be served upon approval of the City Council.

(Prior code § 32-3)

A. Supply. .....The Water Division will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure, and to avoid any shortage or interruption in delivery.

B. Quality. .....When furnished for human consumption, the Water Division will endeavor to supply a safe and potable water at all times.

C. Classes of Service. .....All services installed by the Water Division will be classified as follows:

1. Domestic, commercial, industrial and irrigation;

2. Municipal and public use;

3. Fire protection.

D. Types of Service. .....The types of service available from the Water Division are:

1. Flat rate;

2. Metered rate;

3. Temporary.

(Prior code § 32-4)

The Water Division is empowered to install or cause or permit to be installed such water stands as may be deemed necessary so that water may be drawn therefrom for spraying and for other legitimate purposes. No person shall draw water from any such stands without first obtaining a permit. Permits shall only be issued to applicants holding a valid business license where such license is required in the City. A charge of five dollars ($5.00) shall be made for such permit which shall specify the approximate amount of water and the purpose for which it is to be used. Such applicant shall make such additional deposit and furnish such equipment and fittings for taking water from such water stands as the Water Division may require.

(Prior code § 32-5)

No persons other than those designated and authorized by the Utilities Manager shall open any fire hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law.

(Ord. 1244 § 1 (part), 2000: prior code § 32-6)

A. .....No person shall waste, cause, permit or allow to be wasted any water in any cooling system, ornamental fountain or other device of any kind whatsoever, nor shall such person fail, refuse or neglect to recirculate such water through such cooling system, ornamental fountain or other device; provided, that no person shall cause, permit or allow any water furnished through the facilities of the waterworks to be wasted in any manner whatsoever.

B. .....Any person who as owner or occupant of any premises fails, refuses or neglects to maintain such premises with plumbing of such character and quality as to prevent the wasting of water, shall, five (5) days after being served a written notice from the Utilities Manager, have all water service discontinued pending such repairs.

(Ord. 1244 § 1 (part), 2000: prior code § 32-8)

No person shall tamper with, remove, cause, permit or allow to be tampered with or removed any meter, lock, or water curb stop where the same has been attached to any service, without first having made application to the Water Division, and receiving a permit therefor. A Water Meter/Lock Tampering fee shall be imposed on any customer for each incidence of tampering or unauthorized lock removal. The City Council shall, by resolution, establish the Water Meter/Lock Tampering fee. Such fee may be amended from time to time, by resolution.

The Water Division may remove a water meter from a service location for excessive or abusive tampering or unauthorized use. A Water Meter Removal fee shall be imposed on the account and must be paid prior to restoration of service. The City Council shall, by resolution, establish the Water Meter Removal fee. Such fee may be amended from time to time, by resolution.

The Water Division shall charge a Water Curb Stop Repair fee for the repair of a water meter curb stop damaged by abusive tampering or unauthorized use. The City Council shall, by resolution, establish the Water Curb Stop Repair fee. Such fee may be amended from time to time, by resolution.

(Prior code § 32-9)

(Ord. No. 1513, § 1, 7-20-2010)

No person shall tap, open or connect to, or cause, permit or allow to be turned on, in any way, any water after the same has been turned off by the City.

(Prior code § 32-10)

No person shall tap, open or connect to, cause, permit or allow to be tapped, opened or connected to any water main or pipe without first having made application to the Water Division and receiving a permit therefor.

(Prior code § 32-11)

No person shall place on or about any fire hydrant or curb cock connected with the pipes of the Water Department any building material or other obstruction so as to prevent free access to the same.

(Prior code § 32-12)

A. .....An official identification card shall be carried or worn by inspectors, foremen, meter readers and all employees who in the line of duty may be required to enter upon private premises.

B. .....Upon presentation of official identification, any officer, inspector, foreman, meter reader or authorized employee of the City, on official business, shall be allowed free access at all reasonable hours to any premises supplied with City water.

C. .....Any person who, as owner or occupant of any premises, refuses admittance to, or hinders or prevents inspection by, an authorized employee of the Water Division, may after service of twenty-four (24) hour notice of intention have all the water cut off.

D. .....Every officer or employee upon resignation or dismissal from the Water Division shall forthwith surrender and deliver to the proper officials all identification cards, badges and credentials of the Water Division.

E. .....No unauthorized person shall possess, carry, wear or exhibit any badge or other official identification of the Water Division, nor shall any person, whether or not possession is authorized, display, exhibit or cause to be exhibited any badge or other official identification of the Water Division at any time, place or in any manner or for any purpose which is not authorized by the Utilities Manager.

(Ord. 1244 § 1 (part), 2000; prior code § 32-13)