San Fernando Municipal Code Div. 1 Generally

The water division is created and established as an operating division under the general direction of the public works director.

(Code 1957, § 28.1)

It shall be the responsibility of the water division to obtain water through extraction and diversion facilities owned or leased and operated by it or others and acquire water by purchase, exchange or otherwise and to distribute water to the inhabitants of and property in the city for domestic, irrigation, recreation, commercial and industrial purposes.

(Code 1957, § 28.2)

The water division shall be under the supervision of the water superintendent, and he shall be directly responsible and report to the public works director, who shall be appointed by the city council.

(Code 1957, § 28.3)

(a) Under this article the city council may from time to time by resolution:

(1) Adopt rules and regulations for the operation and maintenance of the water division.

(2) Establish, fix and modify the rates, charges and penalties for the furnishing of water and the time and method of payment therefor.

(3) Prescribe rules for the extension of water mains within the city and along its boundaries.

(4) From time to time amend such rules, regulations and rates and adopt new rules, regulations, rates and conditions if need be.

(b) The violation of any such rules and regulations so adopted by the council by resolution shall constitute a violation of this article.

(Code 1957, § 28.4)

All services and water meters installed by the water division shall remain at all times the property of the city and shall be maintained, repaired and renewed by the city when rendered unserviceable by normal wear and tear.

(Code 1957, § 28.5)

It shall be unlawful for any person, other than one who is duly authorized by the public works director or water superintendent, to connect or disconnect any water service or to turn on or suffer or cause to be turned on any water service that has been turned off by the water division from any building or premises in the city. It shall be unlawful for any person to meddle or interfere with any water meters or service in the city without written permission from the public works director or water superintendent.

(Code 1957, § 28.6)

Any damage to a water meter resulting from vandalism, carelessness or neglect of the consumer or any member of his family or anyone employed by him and any damage which may result from hot water or steam from a boiler, water heater, or otherwise shall be charged to and paid for by such consumer to the water division on presentation of the bill therefor. If such bill is not paid, the water shall be shut off from such premises without further notice and shall not be turned on again until all charges are paid.

(Code 1957, § 28.7)

Editor's note— Ord. No. 1537, § 12, adopted Oct. 21, 2002, repealed § 94-138 which pertained to penalty for violation and derived from Code 1957, § 28.8.

(a) Any authorized city official or employee shall have the right of entry into buildings or premises regulated by this article during reasonable hours for the purpose of inspection, checking, changing, or reading water meters installed in such dwellings or premises. The city employees so designated shall be furnished with appropriate identification which shall be displayed on request.

(b) If any authorized city inspector, foreman, or employee is refused admittance to any premises supplied by water by the city or on being admitted is hindered or prevented from making such examination, reading, or inspection due to the maintenance on such premises by a dog or animals or for any other reason, the water superintendent or director may cause the service of water to the premises to be discontinued after giving written notice to the owner or occupant of his intention to do so. The notice shall be deemed served upon the owner or occupant thereof if it is mailed to his last known address and a copy thereof mailed to the premises if his mailing address is not at the same premises. The service of water may be discontinued until the owner or occupant has given satisfactory assurance to the water superintendent or director that any inspector, foreman, or employee will not be hindered or prevented from making the examination, reading or inspection.

(Code 1957, § 28.40)

It is unlawful for any person to open any fire hydrant, street hydrant, stopcock, gate valve, or to interfere in any manner with any street water service, water connection, or any water meter attached to any service pipe connected with the water mains or to turn on or off water mains or water pipes of the city or to tap, break, or injure any water main or water pipe of the city or any reservoir or to tap any water service pipe or to take or draw water from any water main, pipe, or hydrant of the city without first having made written application for water service, as provided in this article, and paying the established water rate or service charge. It shall be unlawful for any person to trespass upon the public property of the water division without written permission from the water superintendent or director.

(Code 1957, § 28.41)

The city shall at its own expense make all repairs necessary to water mains, meters, and pipelines connecting with water mains. The city shall make no repair or do any work whatsoever on the water pipeline beyond the meter connection. Any repair made necessary by any act of negligence or carelessness by the consumer or any other person shall be charged to and collected from the consumer or the person responsible. The city will in no case be liable for damage occasioned by water running from an open or faulty fixture or from broken or damaged pipe beyond the city's meter.

(Code 1957, § 28.42)

The water division shall have the power and authority to turn off the water supply without notice in any emergency or disaster or for the purpose of repair, replacement, construction, reconstruction of any water line or appurtenant part of the city's water system or the installation of any meter or for the failure to pay any water bill or other charge of the water division within the times and in the manner prescribed in this article. The director or water superintendent shall make reasonable effort to notify all consumers prior to such emergency that the water is to be turned off or on.

(Code 1957, § 28.43)

It is unlawful for any person to supply water to any other person other than the occupants of the premises of such consumer.

(Code 1957, § 28.44)

No applicant for water service shall be entitled to the service until the building or premises where such water is to be furnished is numbered as required by article V of chapter 74 of this Code and such number is given to the water division.

(Code 1957, § 28.45)

Before any water will be supplied by the city to any person who requires service from the city-owned water system to water pipes on any real property, the owner or occupant of the property shall make a written application to the finance department for such service and service connection upon a form provided in the finance division.

(Code 1957, § 28.50)

(a) A security deposit will be required unless the applicant for water service has had a previous utility account with the city within the prior 24 months and has regularly paid all bills for water from the city promptly for 12 months immediately prior to closing that service account. If an applicant cannot qualify for credit under this requirement, he shall make a security deposit in the amount set forth in section 94-263. However, the owner of the property or his authorized agent may guarantee payment for the tenant, and such guarantee shall be accepted provided the owner's credit has been established as provided in this subsection. Where such service is for commercial uses, the security deposit required may be twice the average monthly bills of consumers of his class.

(b) After 12 payments have been made in the month in which they were due for monthly billing or after six payments have been made in the month in which they were due for bimonthly billing, the deposit will be credited to the depositor.

(Code 1957, § 28.51)

When a consumer moves into a place of business or residence from which water service was not previously discontinued and does not call at the office and make proper arrangements for service within a period of three days, the service will be discontinued and the administrative/reconnection service charge collected before service is again resumed.

(Code 1957, § 28.52)

When turning on the water supply as requested and the house and property is vacant, the city will endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the meter will be left shut off at the curb cock on the inlet side of the meter or on the outlet side at the customer hand valve between the house and the meter, and a notice will be left at the property stating why water was not turned on. Every property owner for his own convenience and safety must have a customer-owned wheel valve at some convenient place between the meter and the building.

(Code 1957, § 28.53)

(a) Upon notification by the owner or occupant of a building or premises to have the water shut off, the city shall have the water shut off on the supply side of the meter within 48 hours of receiving written notice to discontinue service. At that time the meter reading shall be recorded and a bill rendered which shall include a cost for the amount of water used according to the rates and charges provided and for the prorated monthly minimum service charge due for the fractional part of the current billing period.

(b) The person last accepting responsibility for the water utility account shall be responsible for all charges and fees until notification is received by the service office to close the account in the name of that person. A valid forwarding address is also required to relieve the consumer of liability for the water utility bill.

(Code 1957, § 28.54; Ord. No. 1692, § 4, 2-18-2020)

Any applicant for temporary water service shall be required to deposit the estimated cost of the facilities required and the water to be used. Upon discontinuance of use, payment will be adjusted to the actual cost to the city of placing and removing meter, connection, etc., and the water consumed will be billed at regular rates.

(Code 1957, § 28.55)

(a) Responsibility for payment for water service. Except for master-metered apartment buildings or unless a property owner consents by written agreement that water service be furnished to tenants on the property owner's account, the occupant of any premises shall be responsible for payment of any water and service charges applicable to premises occupied by the occupant. It shall be the occupant's duty to inform the city immediately of all circumstances and of any change in circumstances that will in any way affect the applicability of any charge to premises occupied by the occupant or the amount of any such charge. In particular, but not by way of limitation, an occupant of any premises shall immediately inform the city clerk of any sale or transfer of the ownership or leasehold interest to such premises by or to such occupant.

(b) Vacant property. Whenever the property is vacant or unoccupied and the owner or his authorized agent or lessee notifies the city in writing that until further notice no water will be required on the premises, there shall be no charge for water on the premises from the time of notifying the city until further notice is given by such owner or agent or lessee that the discontinued service be resumed.

(c) Prior delinquent bills. An applicant for water services may be refused service if the applicant has previous delinquent and unpaid bills for water service at another location served by the city or other delinquent or unpaid city bills, licenses, fees, permits, or other charges.

(d) Nonreciept of bills. Whether a water service bill is delivered to an account holder by the city through the United State Postal Service or electronically at the mailing address or electronic mail address provided by the account holder in its application for water service, the failure of the consumer to receive such a bill does not relieve the consumer of the requirement for payment, nor is nonreceipt of a bill cause to remove a penalty from the account.

(e) Registration failure; bill estimation. If a water meter fails to register during any two-month billing period, a charge will be made upon the amount of water used during the same two-month period during the previous year. If there was no meter at the premises in question during the previous year, a charge will be made upon the estimate fixed by the water superintendent or director which shall be paid by the consumer.

(f) Assumption of use.

(1) In all cases the city will assume that water has been used where any person has had the opportunity to use water, and even though he/she may not have used any water during the billing period he/she will not be entitled to any rebate from the regular rate provided in such cases unless he/she has notified the city in writing to discontinue such service.

(2) The city's regular rates for water shall be charged in every instance for premises vacated until the city shall have been notified in writing by the owner or his agent and filed with the service clerk in the water division of the discontinuance of the use of water upon such premises.

(g) Liability during discontinued period. If, after water service has been discontinued but before the service is reconnected for the new customer, the meter indicates water has been used, the owner of the property shall be responsible for charges incurred during the discontinued period.

(h) Records. The city shall keep a complete set of books or accounts showing all financial transactions with reference to the city water division and shall make or cause to be made all collections for water service.

(i) Dispute settlement. If a dispute arises between any water consumer and the city concerning water service or the amount of the water bill to such consumer, the dispute, subject to any applicable procedures of sections 94-161 and 94-162, may be settled subject to the approval of the San Fernando City Council and the finance director. The provisions and procedures provided for in this section are permissive, only, and shall in no way affect any of the other sections of this article or bind the city to any set formula for settling disputes.

(Ord. No. 1722, § 2, 5-20-2024)

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed the former § 94-151 and enacted a new § 94-151 as set out herein. The former § 94-151 pertained to responsibility for payments and derived from Code 1957, § 28.56.

If the city's public works improvements interfere with existing water service to a consumer provided by a supplier other than the city, the city may, upon agreement of all parties affected, provide such water service instead of such other supplier. The city reserves the right and power to contract separately with any such consumer for the sale and delivery of water at times, places and prices to be fixed by the city council. The council may agree to furnish water to such consumer at prices equivalent to those paid by the city consumer to the supplanted supplier if it finds the city benefits thereby.

(Ord. No. 1722, § 2, 5-20-2024)

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed the former § 94-152 and enacted a new § 94-152 as set out herein. The former § 94-152 pertained to prior delinquent bills and derived from Code 1957, § 28.57.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-153, which pertained to supplanted service and derived from Code 1957, § 28.58.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-154, which pertained to billing and derived from Code 1957, § 28.60; Ord. No. 1545, § 30, adopted Nov. 3, 2003; and Ord. No. 1692, § 5, adopted Feb. 18, 2020.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-155, which pertained to nonreceipt of bills and derived from Code 1957, § 28.61.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-156, which pertained to registration failure; bill estimation and derived from Code 1957, § 28.62.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-157, which pertained to assumption of use and derived from Code 1957, § 28.63.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-158, which pertained to liability during discontinued period and derived from Code 1957, § 28.64.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-159, which pertained to records and derived from Code 1957, § 28.65.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-160, which pertained to dispute settlement and derived from Code 1957, § 28.66; and Ord. No. 1545, § 31, adopted Nov. 3, 2003.

(a) Residential billing.

(1) Residential water meters shall be read on a bimonthly basis and bills for such service will be rendered to each residential water consumer on a bi-monthly basis. The finance director shall, as soon as practical, after the first day of the month following the two-month billing period in which the charges were incurred, deliver to each residential water consumer a statement of water service charges for the preceding two-month billing period. All charges shall be due and payable upon presentation (the "due date"), and the charges shall become delinquent if not paid by the first day of the month immediately following the month in which the bill for charges was issued (the "delinquency date"). The term "presentation" shall mean the date when bills are deposited into the mail or delivered electronically, whichever the case may be. For purposes of this section 94-161, the capitalized term "finance director" shall mean the Finance Director of the City of San Fernando or designee.

(2) All water services charges shall be paid (i) in person at the finance department counter located at San Fernando City Hall during the city's regular business hours; or (ii) at the city's designated night drop-box located at San Fernando City Hall; or (iii) by mail delivered to the address indicated on the water service bill; or (iv) by such other means as may prescribed by the city. Payment for residential water service charges made by United States mail where the envelope containing such payments is properly addressed, bears sufficient postage, and is postmarked on or before the delinquency date, shall be accepted as payment before delinquency. If the day on which the payment of charges would otherwise be delinquent falls on a Saturday, Sunday, or holiday, the next full business day thereafter shall be considered as a day on which the delinquency occurs.

(b) Delinquent bills. The following rules apply to residential consumers whose bills remain unpaid for more than 60 calendar days following the delinquency date:

(1) Courtesy carry-over of unpaid sums. If $50.00 or less remains unpaid on unpaid on individual bimonthly bill, the unpaid sum will be carried over and added to the next billing period.

(2) Late charge. A late charge in an amount approved by city council resolution may be assessed and added to the outstanding balance on the consumer's account if the amount owing on that account is not paid before the delinquency notice is generated.

(3) Delinquency notice. If payment for a bill rendered is not made on or before the 30 th day following the due date, a notice of delinquent payment (the "delinquency notice") will be mailed to the consumer, provided that such notice must be delivered no less than seven business days prior to any discontinuation of service date identified in the delinquency notice itself. For purposes of this section 94-161, the term "business days" shall mean Monday through Friday of each week, excluding those days in which the city is closed for business in observance of a city-observed holiday. If the consumer's address is not the address of the property to which the service is provided, the delinquency notice must also be sent to the address of the property served, addressed to "occupant." The delinquency notice must contain the following information:

a. The consumer's name and address;

b. Amount of delinquency;

c. Date by which payment or arrangement for payment must be made to avoid discontinuation of service;

d. Description of the process to apply for an extension of time to pay the amount owing;

e. Description of the procedure to petition for review and appeal of the bill giving rise to the delinquency; and

f. Description of the procedure by which the consumer can request a deferred, amortized, reduced or alternative payment schedule.

The city may alternatively provide notice to the consumer of the impending discontinuation of service by telephone. If that notice is provided by telephone, the city shall offer to provide the consumer with a copy of this policy and also offer to discuss with the consumer the options for alternative payments, as described in section 94-161(c)(3), below, and the procedures for review and appeal of the consumer's bill, as described in section 94-161(l), below.

(4) Unable to contact customer. If the city is unable to contact the consumer by written notice (e.g., a mailed notice is returned as undeliverable) or by telephone, the city will make a good faith effort to visit the residence and leave, or make other arrangements to place in a conspicuous location, a notice of imminent discontinuation of water service for nonpayment, and a copy of this policy.

(5) Requirements for landlord-tenant relationships.

a. If the city furnishes individually metered residential water service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the city shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least ten calendar days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount that may be due on the delinquent account.

b. The city is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of law and the city's rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the finance director, or if there is a physical means legally available to the city of selectively terminating service to those residential occupants who fail to meet the requirements of the city's rules and tariffs, the city shall make service available to those residential occupants who have met those requirements.

c. If prior service for a period of time is a condition for establishing credit with the city, residence and proof of prompt payment of rent or other credit obligation acceptable to the city for that period of time shall be a satisfactory equivalent.

d. Any residential occupant who becomes a customer of the city pursuant to this section whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the covered water system for those services during the preceding payment period.

e. In the case of a detached single-family dwelling, the city may do any of the following: (i) Give notice of termination at least seven days prior to the proposed termination; or (ii) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Civil Code § 1962.

(6) Water shut-off deadline. Payment for water service charges must be received at San Fernando City Hall no later than 5:00 p.m. on the date specified in the delinquency notice. Payment made by regular mail that is postmarked prior to the water shut-off deadline but received by city after the deadline will be considered untimely.

(7) Notification of returned check. Upon receipt of a returned check rendered as remittance of water service or other charges, the city will consider the account not paid. The city will attempt to notify the consumer in person and leave a notice of termination of water service at the premises. Water service will be disconnected if the amount of the returned check and returned check charge are not paid by the due date specified on the notice, which due date shall not be sooner than the date specified in the delinquency notice; or, if a delinquency notice has not been previously provided, no sooner than the 60th day after the due date for which payment by the returned check had been made. To redeem a returned check and to pay a returned check charge, all amounts owing must be paid by cash or certified funds.

(8) Returned check tendered as payment for water service disconnected for nonpayment.

a. If the check tendered and accepted as payment which resulted in restoring service to an account that had been disconnected for nonpayment is returned as non-negotiable, the city may discontinue said water service upon at least three calendar days' written notice. The consumer's account may only be reinstated by receipt of outstanding charges in the form of cash or certified funds. Once the consumer's account has been reinstated, the account will be flagged for a one-year period indicating that a non-negotiable check was issued by the consumer.

b. If at any time during the one-year period described above, the consumer's account is again disconnected for nonpayment, the city may require the consumer to pay cash or certified funds to have that water service restored.

(c) Conditions prohibiting discontinuation. The city shall not discontinue residential water service if all of the following conditions are met:

(1) Health conditions. The consumer or tenant of the consumer submits certification of a primary care provider that discontinuation of water service would (i) be life threatening, or (ii) pose a serious threat to the health and safety of a person residing at the property. (The term "primary care provider" shall have the same meaning as set forth under California Health and Safety Code § 116910(a)(1) as the same may be amended from time to time.); and

(2) Financial inability. The consumer demonstrates he or she is financially unable to pay for water service within the water system's normal billing cycle. The consumer is deemed "financially unable to pay" if any member of the consumer's household is: (i) a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants, and Children; or (ii) the consumer declares the household's annual income is less than 200 percent of the federal poverty level; and

(3) Alternative payment arrangements. The consumer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the provisions of section 94-161(f), below.

(d) Process for determination of conditions prohibiting discontinuation of service.

(1) The water consumer bears the burden of proving compliance with the conditions described in section 94-161(c), above.

(2) To allow the city to commence the processing and consideration of any request for assistance by a consumer, the consumer shall first provide the city with all necessary documentation corroborating the existence of each of the conditions listed under section 94-161(c), above, as far in advance as possible of any proposed date for discontinuation of service.

(3) Upon receipt of such documentation, the finance director, shall review such documentation and respond to the consumer within seven calendar days with either request additional information, including information relating to the feasibility of the available alternative arrangements, or notify the consumer of the alternative payment arrangement, and terms thereof as referenced under section 94-161(f), below, in which the city will allow the consumer to participate.

(4) If the city request additional information, the consumer shall provide the requested information within five calendar days of receipt of the city's written request. Within five calendar days of its receipt of all of the requested additional information, the city shall either notify the consumer in writing that the consumer does not meet the conditions of section 94-161(c), above, or notify the consumer in writing of the alternative payment arrangement, and terms thereof, section 94-161(f) below, in which the city will allow the consumer to participate.

(5) Consumers who do not meet the conditions described in section 94-161(c), above, must pay the delinquent amount, including any penalties and other charges, owing to the city by or before the latter of the following: (i) two business days after the date of notification from the city of the city's determination the consumer failed to meet those conditions; or (ii) the date of the impending service discontinuation, as specified in the delinquency notice.

(e) Special rules of low income consumers. Consumers are deemed to have a household income below 200 percent of the federal poverty line if: (i) any member of the consumer's household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants, and Children; or (ii) the consumer declares the household's annual income is less than 200 percent of the federal poverty level. If a consumer demonstrates either of those circumstances, then the following shall apply:

(1) Reconnection fees. If water service has been discontinued and is to be reconnected, then any reconnection fees during the city's normal operating hours may not exceed $50.00, and reconnection fees during nonoperational hours may not exceed $150.00. Such fees may not exceed the actual cost of reconnection if that cost is less than the statutory caps. Fee caps may be adjusted annually for changes in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim metropolitan area beginning on January 1, 2021.

(2) Interest waiver waive interest charges on delinquent bills once every 12 months.

(f) Alternative payment arrangements. The city shall offer residential consumers one of the following alternative payment arrangements, to be selected by the city in city's sole discretion: (i) amortization of the unpaid balance; (ii) an alternative payment schedule; (iii) partial reduction of the unpaid balance provided that any such reduction shall be funded from a source that does not result in additional charges being imposed on other city customers; or, (iv) temporary deferral of payment. The finance director, shall, in the exercise of reasonable discretion, select the most appropriate alternative payment arrangement after reviewing the information and documentation provided by the consumer and taking into consideration the consumer's financial situation and city's payment needs. As authorized under the Health and Safety Code, the city reserves the right to set parameters for each of the options described above as may be adopted by city policy.

(1) Amortization. If the city selects an amortization plan for the consumer, the plan shall be subject to the following terms:

a. Term. The consumer shall pay the unpaid balance, with the administrative fee and interest over a period not to exceed 12 months, as determined by the finance director; provided, however, that the finance director, in his or her reasonable discretion, may apply an amortization term of longer than 12 months to avoid undue hardship on the consumer. The unpaid balance, together with the applicable administrative fee and any interest to be applied, shall be divided by the number of months in the amortization period, and that amount shall be added each month to the consumer's ongoing monthly bills for water service.

b. Administrative fee; interest. For any approved amortization plan, the consumer will be charged an administrative fee, in the amount established by the city from time to time by resolution, representing the cost to the city of initiating and administrating the plan. At the discretion of the finance director, interest at an annual rate not to exceed the legally allowable rate under California law shall be applied to any amounts to be amortized.

c. Compliance with plan. The consumer must comply with the amortization plan and remain current as charges accrue in each subsequent billing period. The consumer may not request further amortization of any subsequent unpaid charges while paying delinquent charges pursuant to an amortization plan.

(2) Alternative payment schedule. If the city selects an alternative payment schedule for the consumer, such arrangement shall be subject to the following conditions:

a. Repayment period. The consumer shall pay the unpaid balance, with the administrative fee and interest over a period not to exceed 12 months, as determined by the finance director; provided, however, that the finance director, in his or her reasonable discretion, may extend the repayment period for longer than 12 months to avoid undue hardship on the consumer.

b. Administrative fee; interest. For any approved alternative payment schedule, the consumer will be charged an administrative fee, in the amount established by the city from time to time by resolution, representing the cost to the city of initiating and administering the schedule. At the discretion of the finance director, interest at an annual rate not to exceed the legally allowable rate under California shall be applied to any amounts to be amortized.

c. Schedule. After consulting with the consumer and considering the consumer's financial limitations, the finance director, shall develop an alternative payment schedule to be agreed upon with the consumer. The alternative schedule may provide for periodic lump sum payments that do not coincide with the city's established payment date, may provide for payments to be made more frequently than monthly, or may provide that payments be made less frequently than monthly, provided that in all cases, subject to section 94-161(i)(1), above, the unpaid balance and administrative fee shall be paid in full within 12 months of establishment of the payment schedule. The agreed upon schedule shall be set forth in writing and be provided to the consumer.

d. Compliance with plan. The consumer must comply with the agreed upon payment schedule and remain current as charges accrue in each subsequent billing period. The consumer may not request a longer payment schedule for any subsequent unpaid charges while paying delinquent charges pursuant to a previously agreed upon schedule.

(3) Reduction of unpaid balance. If the city elects to grant a partial reduction of the unpaid balance owed by the consumer, such arrangement shall be subject to the following conditions:

a. Amount of reduction. The reduction shall not to exceed 20 percent of that balance. The proportion of any reduction shall be determined by the consumer's financial need, the city's financial condition and needs, and the availability of funds to offset the reduction of the consumer's unpaid balance.

b. Repayment period. The consumer shall pay the reduced balance by or before a date to be set by the finance director in his or her reasonable discretion (the "reduced payment due date") which date shall be at least 15 calendar days after the date the reduction is authorized by the finance director.

c. Compliance with plan. The consumer must pay the reduced balance by or before the reduced payment due date and must remain current in paying in full any charges that accrue in each subsequent billing period.

(4) Temporary deferral of payment. If the city elects to temporarily defer payment, such arrangement shall be subject to the following conditions:

a. Length of temporary deferral. The finance director shall determine the date by which payment shall be deferred (the "payment deferral date") in his or her reasonable discretion, provided that no deferral may exceed a period of 12 months from the original due date as defined under section 94-161(a)(1), above.

b. Compliance with reduced payment date. The consumer must pay the deferred sums by the payment deferral date and must remain current in paying in full any charges that accrue in each subsequent billing period.

(5) Discontinuation—Failure to comply with alternatives. Residential water service may be discontinued no sooner than five business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:

a. The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 calendar days or more.

b. While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay their current residential service charges for 60 days or more.

(g) Appeals.

(1) Appeal to contest charges. No later than 30 calendar days from the due date of a water bill, a consumer may request a review and appeal to contest the accuracy of any charges stated in a consumer's water bill or any other alleged errors in calculation. Such request must be made in writing and be delivered to the office of the city clerk to the attention of the finance director. For so long as the consumer's appeal and any resulting investigation is pending, the city may not discontinue water service to the consumer. A consumer who fails to timely submit a request for review and appeal under this section 94-161(g)(1) shall be deemed to have accepted that charges stated in the water bill are accurate and free of error and waives any further right to contest the same. The preceding sentence notwithstanding, a consumer retains the right to seek alternative relief as provided under section 94-161(f).

(2) Appeal hearing. Following receipt of a request for review and appeal, a hearing date shall be promptly set before the finance director. After evaluation of the evidence provided by the consumer and the information on file with the city concerning the water charges in question, the finance director shall issue a written decision. The decision of the finance director shall be final and binding.

a. Water charges found to be incorrect. If water charges are found to be inaccurate or otherwise in error, any overcharges will be reflected as a credit on the next regular bill to the consumer, or refunded directly to the consumer, at the sole discretion of the finance director.

b. Water charges found to be correct. If the water charges in question are found to be accurate and free of error, such charges shall be considered immediately due and payable and shall be considered delinquent if unpaid by the original delinquency due day stated under section 94-161(a)(1). If the finance director's decision is issued after the passing of the original delinquency due date, the charges will be considered immediately delinquent but the city may not discontinue service for a period of 60 calendar days from the date of the finance director's decision. The consumer may also seek the alternative relief afforded under section 94-161(f), above.

(3) No disconnection pending appeal. Water service to any consumer shall not be discontinued at any time during which the consumer's appeal is pending.

(h) Restoration of water services. To resume or continue water service that has been discontinued by the city due to nonpayment, the consumer must pay a security deposit and a reconnection fee established by the city council by resolution, subject to the limitations set forth in section 94-161(e)(1), above. The city will endeavor to make such reconnection as soon as practicable as a convenience to the consumer. The city shall make the reconnection no later than the end of the next regular working day following the consumer's request and payment of any applicable reconnection fee.

(i) Publication of annual discontinuations of residential service. The city shall comply with the publication requirements of Health and Safety Code § 116918 as the same may be amended from time to time.

(j) Termination due to unauthorized actions of customers. Nothing in this section shall apply to the termination of residential water service due to unauthorized action of a customer.

(Ord. No. 1722, § 2, 5-20-2024)

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed the former § 94-161 and enacted a new § 94-161 as set out herein. The former § 94-161 pertained to delinquent bills and discontinuation of service and derived from Code 1957, § 28.70; and Ord. No. 1692, § 3, adopted Feb. 18, 2020.

(a) Nonresidential billing.

(1) Nonresidential water meters shall be read on a bimonthly basis and bills for such service will be rendered to each consumer on a bi-monthly basis. The finance director shall, as soon as practical, after the first day of the month succeeding the two-month period in which the charges were incurred, mail or deliver to each nonresidential water consumer a statement of water service charges for the preceding two-month period. All water services charges shall be due and payable upon presentation, and such charges shall become delinquent if not paid 30 calendar days thereafter. The term "presentation" shall mean the date when bills are deposited into the mail or delivered electronically, whichever the case may be.

(2) All water services charges shall be paid in person at finance department counter located at San Fernando City Hall during the city's regular business hours; at the city's designated night drop-box located at San Fernando City Hall; by mail at the mailing address indicated on the water service bill; or by such other means as prescribed by the city. Payment for nonresidential water service charges made by United States mail where the envelope containing such payments is properly addressed, bears sufficient postage, and is postmarked at any time prior to 12:00 midnight of the day on which such charges would otherwise become delinquent shall be accepted as payment before delinquency. If the day on which the payment of charges would otherwise be delinquent falls on a Saturday, Sunday, or holiday, the next full business day thereafter shall be considered as a day on which the delinquency occurs.

(b) Deposit increase for delinquent nonresidential accounts. If a nonresidential water consumer who has made a deposit to guarantee the payment of water service charges fails to pay the consumer's delinquent bill together with all added penalties and fees before the 20th day following the day in which such bill becomes delinquent, the deposit shall be increased to the minimum set by section 94-263, or increased to the equivalent of the delinquent amount including penalties and fees.

(c) Payment extensions and penalty and fee waivers. If the finance director determines that an extension of time or relief from any penalty for violation of this division should be granted, the director or designee may authorize in writing an extension of such time limits not to exceed 30 calendar days or authorize the waiver of penalties. Only one such extension or waiver shall be granted in a calendar year, except in hardship situations as determined by the finance director, who shall maintain a record of reasons for granting the extension. No extension of time may be granted to waive delinquent penalties. Elected officials are not eligible for any payment extensions and penalty and fee waivers without the express consent of the city council.

(d) Penalty for nonresidential water consumers. When all or any part of any water bill remains unpaid after the date on which it becomes delinquent, a penalty in an amount or percentage as may be established by city council resolution shall be added to such bill upon its becoming delinquent and shall be collected from the consumer.

(e) Disconnection for delinquency. If a bill for nonresidential water service charges, penalties, and disconnection notice delivery fee is not paid, the water service shall be turned off after a final notice advising the customer of such shutoff on or before the expiration of approximately 20 calendar days following the date on which it becomes delinquent. A further administrative/reconnection fee; other delinquent or unpaid city bills, licenses, fees, permits, or other charges; and a security deposit shall be paid before the service is then reconnected, pursuant to section 94-263. No checks shall be accepted for payment of disconnected accounts. A final notice of imminent disconnection of water service shall be made to the occupants of the premises before service is discontinued. A fee per unit for this notification will be charged to the account as pursuant to section 94-263.

(Ord. No. 1722, § 2, 5-20-2024)

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed the former § 94-161 and enacted a new § 94-161 as set out herein. The former § 94-161 pertained to delinquent bills and discontinuation of service and derived from Code 1957, § 28.70; and Ord. No. 1692, § 3, adopted Feb. 18, 2020.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-163, which pertained to disconnection for delinquency and derived from Code 1957, § 28.72.

Editor's note— Ord. No. 1722, § 2, adopted May 20, 2024, repealed § 94-164, which pertained to deposit increase for delinquent accounts and derived from Code 1957, § 28.73.

If the finance director determines that an extension of time or relief from any penalty for violation of this division should be granted, the director or designee may authorize in writing an extension of such time limits not to exceed 30 days or authorize the waiver of penalties. Only one such extension or waiver shall be granted in a calendar year, except in hardship situations as determined by the finance director, who shall maintain a record of reasons for granting the extension. No extension of time may be granted to waive delinquent penalties. Elected officials are not eligible for any payment extensions and penalty and fee waivers without the express consent of the city council.

(Code 1957, § 28.74; Ord. No. 1489, § 1, 1-20-1998; Ord. No. 1545, § 32, 11-3-2003)

No person shall turn on water or suffer it to be turned on at any meter or other connection to the city's water distribution system after the water has been turned off by the city. Meter readings will be taken when the meter is shut off, and any increase in the reading will be considered proof that the meter had been turned on, even if found in the off position when checked. For each time the employees of the water division are required to again turn the water off or determine that the meter had been turned on and off, a tampering fee shall be charged pursuant to section 94-263.

(Code 1957, § 28.75)

When a water customer presents the city with a check or other negotiable instrument in payment of a water bill that is not negotiable either because of a insufficient funds, closed account, or other reason, the customer, pursuant to section 94-263, shall present the city with cash covering the amount of the check plus a penalty. If payment is not made, disconnection shall take place within 48 hours of notification of the customer with appropriate reconnection penalties.

(Code 1957, § 28.76)

Upon the applicant for water service having complied with all the requirements relating to written application for service, the city will cause the property described to be connected to the city water main subject to this Code, and the applicant shall bear the cost of the installation of service.

(Code 1957, § 28.80)

The city reserves the right to determine the size of the water service connection and its location with respect to the boundaries of the premises to be served. The laying of the consumer pipe to the curb shall not be done until the service connection is installed. If the consumer lays his pipe to the curb before or after the service connection is installed and its location is more than five feet from where the service connection enters the property, the consumer shall bear the extra cost of connecting the service connecting pipe to the consumer pipe.

(Code 1957, § 28.81)

No more than one water meter shall be installed on any lot or parcel of real property without the approval and consent of the director or water superintendent.

(Code 1957, § 28.82)

For the purpose of making charges, all water meters upon a consumer's premises will be considered separately, and the reading thereof shall not be combined. However, when the water division shall, for operating necessity, install upon the consumer's premises in place of one meter two or more in parallel, the reading of such two or more meters shall be combined for the purpose of making charges.

(Code 1957, § 28.83)

When any plumber or any other person connecting a water service pipe to the property side of a water meter uses water for testing the pipes, he shall leave the service box in as good condition as found and shall leave the water shut off, if found shut off, and shall in writing notify the city at the time the connection is made. Any damage caused by the negligence or carelessness of any plumber or other person to any part of the meter box or connection shall be paid by such plumber or person to the city on demand.

(Code 1957, § 28.84)

The water division may connect a meter to any water service or service pipe at any time it deems it expedient to do so and render a corrected bill from the date of installation of such meter according to the meter rates and charges.

(Code 1957, § 28.85)

No sewer ditch, sewer pipe, gas pipe, or any other service pipe shall be installed or maintained nearer than three feet to any water service pipe, water main, or water service meter of the city. Reference is hereby made to the city's water construction standards.

(Code 1957, § 28.86)

All water services and water meters installed by the water division shall remain at all times the property of the city and shall be maintained, repaired, and renewed by the city when rendered unserviceable by normal wear and tear when in its judgment such repairs are needed. Where water meter replacements, repairs, or adjustments are rendered necessary by a consumer's negligence or carelessness or by any member of his family or any person in his employ, any expenses caused to the city thereby shall be charged to and collected from the consumer.

(Code 1957, § 28.87)

Every water service connection installed by the city shall be equipped with a curbstop or shutoff valve on the inlet side of the water meter. Such valve or curbstop is intended for the exclusive use by the city in controlling the water supply through the service connection pipe. If the curbstop or shutoff valve is damaged by the consumer's use to an extent requiring repair or replacement, such repair or replacement shall be at the consumer's expense. For ordinary usage, a consumer shall provide his own valves between the meter and the first half or branch of the consumer's service line.

(Code 1957, § 28.88)

A consumer of water shall install at his own expense a shutoff valve inside the property line at a location accessible to the city employees in the water division.

(Code 1957, § 28.89)

If the placing of a checkvalve on the property side of the city's water facilities or to the water meter of any consumer is necessary in the opinion of the water superintendent for the water system safety and protection or appliances thereof, such consumer shall be notified in writing by the water superintendent to have an approved checkvalve installed at his expense. If, after five days' written notice, such checkvalve has not been installed and working, the service shall be discontinued and the water shut off until such a checkvalve is installed and the city notified. Service shall be restored only upon payment of required administrative/reconnection charge. After such checkvalve is installed, the consumer shall be required to provide an annual or more frequent, if required by the director, inspection of the checkvalve by a qualified inspector and provide the city with a certificate showing that the checkvalve is functioning properly.

(Code 1957, § 28.90)

Backflow devices shall be installed pursuant to division 2 of this article.

(Code 1957, § 28.91)

(a) No service connection for water shall be made for the purpose of supplying through a common service two or more independent consumers occupying premises held under the same ownership unless the houses are on the same lot or the property is what is known as a court or apartment house, and then only provided the owner of such premises shall agree in writing to pay all charges for water served thereto.

(b) No water shall be served for two or more parcels of property separately owned through a common service pipe unless there is no water main contiguous to the premises from which service may be had and, further, unless the consumer first in order of service from the water main shall in writing guarantee the payment of water rates and charges for all parcels of property so served and for the monthly minimum charge under this article.

(c) Water served through a meter shall not be transported through pipes, conduits, or hoses across lot lines or property lines except as noted in this section.

(Code 1957, § 28.92)

(a) It shall be unlawful for any person, other than city employees and such persons who are authorized by the city, to connect or disconnect any water service from any building or premises in the city. It shall be unlawful for any person to in any manner tamper, meddle or interfere with any part of any water meter or service in the city. Any such vandalism to any city meter or other water division device or equipment may result in tampering fees and/or legal action.

(b) After the water meter is so connected to the water service or service pipe, any damage to such meter resulting from vandalism, carelessness, or negligence of the consumer or any member of his family or anyone employed by him or any damage which may result from hot water or steam from a boiler or otherwise shall be paid for by such consumer to the city. If such bill is not paid, the water shall be shut off from the premises without further notice, and the water shall not be turned on until all charges are paid.

(Code 1957, § 28.93)

It is unlawful for any person to interfere with or cut off or remove a water meter from any water service where it has been installed without first receiving written permission from the water superintendent or director. Such permission shall be granted only for the purpose of tests, replacements, repairs to the meter or service pipes, and readjustments of service of similar emergency.

(Code 1957, § 28.94)

Water meters that have been out of service for six months or more shall be removed and a service charge made for reinstallation.

(Code 1957, § 28.95)

When it becomes necessary, in order to protect the city's interest and prevent the unauthorized use of water, to remove the water meter from the premises, a further penalty shall be imposed and collected before service is continued, provided that such removal or discontinuance is made necessary because of a violation of or by the failure on the part of the user or owner to perform some act required of him by this Code.

(Code 1957, § 28.96)

Any water consumer may demand that the meter, through which water is being furnished, be examined and tested by the water division for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such demand shall be made in writing to the water division and shall be accompanied by a deposit. Upon receipt of such demand it shall be the duty of the water division to cause the meter to be examined and tested. If on examination and test the meter shall be found to register over three percent more water than actually passes through it, another meter shall be substituted for it, and the deposit shall be repaid to the person making the application and the water bill for the current period adjusted in such a manner as the water superintendent may deem fair and just. If the meter is found to register not over three percent fast, the deposit shall be forfeited to the city and the water bill paid as rendered.

(Code 1957, § 28.97)

The minimum size of water mains to be installed by the city or by others under the direction of the city's water division shall be eight inches.

(Code 1957, § 28.100)

The city council reserves the right and power to fix and establish rules for the installation and extension of water mains within the city. After such main or pipe has been installed and accepted by the city, it shall thereafter be the property of the city and shall be maintained by the city.

(Code 1957, § 28.101)

(a) Any person requesting a water main extension by the city shall deposit with the city a sum fixed by the director equal to the estimated cost thereof plus the then-current city's overhead cost attributable to such work.

(b) The city upon completion of such work shall deduct from such deposit the actual cost and overhead attributable thereto and reimburse any remaining balance to the person depositing the cost. If for any reason the deposit is not sufficient to pay the actual cost thereof, together with overhead attributable thereto, the person applying for such extension shall pay the excess forthwith on demand of the city, and until paid the city may refuse to supply water for such extension. Where any such extension will thereafter provide the means of supplying water to property other than that owned by the applicant, the cost of such extension shall be spread by the city engineer on a square-footage basis to all property that can be served therefrom. Any person thereafter connecting a meter on to such extension to serve water to any property not owned by the original applicant shall pay to the city, in addition to all meter and water charges, an extension charge equal to the property area in square-foot charge as spread by the city engineer, multiplied by the square footage of his property fronting on the street served by such extension, which sum so collected shall be reimbursed to the original depositor who originally paid for the extension, provided the right to reimburse accrues within ten years from the date extension was first completed.

(Code 1957, § 28.102)

The service connection extending from the water main to the water meter shall be maintained by the city. All pipes and fixtures extending or lying beyond the meter shall be installed and maintained by the property owner.

(Code 1957, § 28.103)

It is unlawful for any person to draw any water from any city pipes or water mains directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. If a consumer desires water from the city to be used in any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus, the consumer shall first apply in writing to the city council. If a permit is granted by the city council, such consumer shall provide a tank or reservoir of such capacity as required by standard practice. No such tank or reservoir shall be installed or used unless and until the plans and specifications have been examined and approved in writing by the director or water superintendent.

(Code 1957, § 28.104)

Fire hydrants are provided for the sole purpose of extinguishing fires and shall be opened and used only by the fire department or other city officials authorized to do so.

(Code 1957, § 28.110)

Cross reference— Fire prevention and protection, ch. 38.

The minimum size of fire hydrants to be installed by the city or by others under the direction of the city's water division shall be six inches inlet with one- to 2½-inch and one- to four-inch outlets. Reference is made to the city's water construction standards.

(Code 1957, § 28.111)

Cross reference— Fire prevention and protection, ch. 38.

No fire hydrant shall be placed or installed or connected with the city's water mains by any person unless and until permission has been granted by the director or water superintendent.

(Code 1957, § 28.112)

Cross reference— Fire prevention and protection, ch. 38.

Fire hydrants shall be located on private property and public rights-of-way so that at all times the maximum length of hose required to reach from any combustible structure or material to the nearest hydrant shall be 150 feet in all zones except single-family residential, in which the maximum length shall be 300 feet. All hydrants, pipes and appurtenances on private property will be dedicated to the city along with easements providing access for necessary operation.

(Code 1957, § 28.113)

Cross reference— Fire prevention and protection, ch. 38.

Every person authorized to open the fire hydrant shall replace the cap on the outlet, when the fire hydrant is not in use, and leave the hydrant in as good as condition as when found. Such officer or person shall report to the water superintendent or director any leaks or breaks or damage to the fire hydrant immediately upon discovery.

(Code 1957, § 28.114)

All persons using water through fire hydrants or other hydrants owned or controlled by the city shall be required to obtain a permit to do so from the water division, which shall issue no such permit to any person who has violated any of the sections of this article or whose indebtedness to the water division for water used or damage to hydrants is delinquent.

(Code 1957, § 28.115)

A contractor and any other person desiring to use water in construction work where connections must be made other than through a meter shall in each and every case make written application for and shall obtain a written permit for the water use from the water superintendent before connecting with any water main, standpipe, or using water therefrom and shall make the deposit required by the water superintendent sufficient in his opinion to cover the estimated cost of the water to be used. Such permit shall be exhibited upon the work for which it has been issued during the full time the water is being used pursuant to such permit.

(Code 1957, § 28.116)

Every person authorized to open fire hydrants will be required to use an official fire hydrant wrench and to furnish a cutoff valve to regulate the flow of water beyond the fire hydrant and to replace the caps on the outlets when they are not in use. Failure to do so will be sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of fire hydrants.

(Code 1957, § 28.117)