Chapter MH-3 — WATER SERVICES REGULATIONS AND STANDARDS

Sections:

MH-5-3300 - DEFINITIONS.

The following words when used in any provision of this chapter shall be construed to have the following meaning:

"Board of Directors" shall mean the Board of Directors of the Mountain House Community Services District (MHCSD).

"Cross connection" means any actual or potential connection between the MHCSD's or consumer's potable piping system and any other source or piping system through which it is possible to introduce into any part of the potable piping system any untreated water, used water, industrial fluid, gas or substance other than the potable water with which the piping system is supplied.

"Customer" shall mean any person, entity, firm, partnership, business, corporation, district or governmental agency that receives water from the MHCSD.

"General Manager" means the General Manager of the Mountain House Community Services District (MHCSD) or the General Manager's designee.

"On-site fire protection facilities" means privately-owned fire protection facilities installed on private property in accordance with the provisions of this code, whether installed before or after the effective date of this chapter.

"Person or entity" means any individual, company, partnership, agency or other public or private entity.

"Private fire hydrant" means a fire hydrant that is owned and maintained by a party other than the MHCSD and is not located in a MHCSD right-of-way or other MHCSD property.

"Private water line" means a water pipeline that is owned and maintained by a party other than the MHCSD, beyond the MHCSD's point of service.

"Public fire hydrant" means a fire hydrant that is owned and maintained by the MHCSD.

"Public water line" means that part of the water distribution system that is owned by the MHCSD.

"Service connection" means any tap, pipe or other means of taking water from the MHCSD water distribution system. A water service connection occurs at the time that a tap, pipe, or other means of taking water is physically attached to the MHCSD water distribution system in a manner capable of taking water

from the distribution system. The water service connection includes the stop/valve at the distribution main, the water meter, the curb stop on a metered water service and pressure reducing valve (PRV) if applicable.

"Temporary water service" means the provision of water for a period of twelve (12) months or less.

"Water" means potable water supplied by the MHCSD to customers within its jurisdiction.

"Water distribution system" means all pipes, transmission and distribution mains and other facilities owned or operated by the MHCSD to supply, provide or deliver water to its customers.

"Water meter" means a water meter provided or approved by the MHCSD that is installed on a water service connection or a fire hydrant in a manner that measures the volume of all water taken from the MHCSD water distribution system through that water service connection or hydrant.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3301 - APPLICATION OF CHAPTER.

The provisions of this chapter shall apply to all customers using water within the boundaries of the MHCSD or using water provided by the MHCSD.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3302 - WATER SERVICE CONNECTIONS.

Each parcel shall have a separate water service connection and water meter and only one (1) water service connection and water meter will be allowed for each parcel unless otherwise determined by the MHCSD General Manager. All water service lines shall be constructed and installed in accordance with standards for construction and installation of public water lines as determined by the MHCSD General Manager. Service connection sizes shall be determined by the General Manager.

When a lot split or lot line adjustment occurs which results in no water service connection to a parcel, a water service connection shall be provided at the customer's expense. When a lot merger or lot line adjustment occurs which results in multiple water service connections to a parcel, the excess water service connection(s) shall be removed at the customer's expense, if required by the MHCSD General Manager.

To be eligible for water service, the property to which service is to be extended must abut a dedicated public easement or a MHCSD right-of-way in which a distribution main is constructed at a point immediately adjacent to the property, unless the MHCSD General Manager authorizes the extension of a distribution main. Water service lines shall not cross another parcel without the party making the request first obtaining any and all rights-of-way, easements and/or other approvals necessary to do so.

The MHCSD General Manager may authorize water service for land locked parcels provided that the customer obtains recorded private easements from the affected owner(s) and all other applicable legal requirements are fulfilled. Private easements must abut a distribution main in a dedicated public easement or MHCSD right-of-way. Water service lines constructed in private easements are private water lines, and the MHCSD shall have no responsibility for the maintenance and repair of such lines.

All water service connections are subject to fees and charges as adopted by resolution or ordinance from time to time by the MHCSD Board of Directors. Such fees or charges shall be due and paid before any work

is commenced.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3303 - RELOCATION OF SERVICE CONNECTION.

A service connection may be relocated by the MHCSD at a customer's request provided the relocation, in the judgment of the MHCSD General Manager, is not detrimental to the MHCSD water distribution system. Such relocation shall include any modifications necessary to comply with then-current service connection standards or requirements as set forth by the MHCSD General Manager, and the cost of the relocation shall be borne by the customer. The customer shall first obtain a permit and pay the estimated cost of the relocation, as determined by the MHCSD General Manager, prior to the relocation work being done. The original service connection shall be abandoned or removed at the customer's expense in accordance with MHCSD standards determined by the MHCSD General Manager. Where a service connection is relocated for the convenience of the MHCSD, the relocation shall be at the expense of the MHCSD.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3304 - NO MHCSD RESPONSIBILITY BEYOND POINT OF SERVICE.

The MHCSD's responsibility to operate, maintain and repair public water lines shall extend only to the point of the water service connection to the public water main distribution line. The operation, maintenance and repair of any private water line connected to this point of service shall be the customer's sole responsibility. The customer shall indemnify and hold harmless the MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from the condition, operation, maintenance or repair of said private water line.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3305 - PRIVATE WATER LINES.

Private water lines serving two (2) or more buildings or structures located on the same parcel, even if not maintained by the MHCSD, shall be constructed and installed to meet the standards for construction and installation of public water lines as determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3306 - APPLICATION FOR AND INSTALLATION OF DISTRIBUTION LINE.

Any person requesting water service from a public water line for a property or properties which are not adjacent to existing water distribution facilities shall apply to the MHCSD General Manager for permission to install the distribution facilities. The application shall be made to the MHCSD General Manager and shall contain plans and specifications for the proposed distribution facilities, that shall conform to the requirements of the MHCSD General Manager as to size, type and quality of materials and location of transmission and/or distribution lines. In the case of a person requesting multiple connections, the MHCSD approval of tentative map conditions and subsequent improvement plans shall satisfy this requirement.

The MHCSD Director shall cause all work performed to be inspected and all work must be approved by the MHCSD General Manager after inspection before the distribution facilities shall be connected to the MHCSD

water system. After the MHCSD General Manager issues a notice of completion, the distribution facilities shall become the property of the MHCSD.

The applicant shall pay all costs incurred by the MHCSD to check the plans and specifications and to inspect the installation of the facilities.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3307 - CROSS-CONNECTION CONTROL STANDARDS.

The MHCSD General Manager may establish cross-connection control standards that establish the MHCSD requirements for design, construction, installation, and maintenance of backflow prevention assemblies. Any person receiving or using water from the MHCSD water distribution system shall comply with all provisions of the cross-connection control standards. In the event a water customer is found to be in violation of the cross-connection control standards by the county, state or federal government, the MHCSD General Manager or the San Joaquin County Environmental Health Officer, the customer's water service may be terminated until such condition is corrected as determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3308 - EASEMENTS.

Easements granted for public water lines shall be exclusive easements or public utility easements, and shall be in a form approved by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3309 - DAMAGE, REMOVAL, OR DISPLACEMENT OF MHCSD WATER DISTRIBUTION SYSTEM.

Any person or entity damaging or removing, displacing, or otherwise altering, without the permission of the MHCSD General Manager, any portion of the MHCSD water system shall pay the county, state, federal or MHCSD costs of investigating and repairing such damage and/or replacing any removed item(s), and shall indemnify and hold harmless MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from such damage or removal.

Any person or entity engaged in work that requires or results in damaging, removing, displacing, tapping or otherwise altering any portion of the MHCSD water system may do so only with the prior approval of the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3310 - STRUCTURES OVERLYING MHCSD UTILITIES.

No permanent structure (including without limitation, garages, patios, concrete slabs, tool shed or similar structure) shall be constructed on top of water, wastewater, or storm water pipelines or anywhere within the associated utility easements, unless approved in the original building permit for the parcel or approved by the MHCSD General Manager upon execution of a hold harmless agreement.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3311 - DISCONTINUANCE OR LIMITATION OF WATER SERVICES.

The supply of water by MHCSD may be discontinued or limited at any time without notice to customers and the MHCSD shall in no way be liable for any damage or costs resulting from such discontinuance or limitation. The MHCSD does not guarantee and shall not be liable for any failure in continuity or limitation of water service or water pressure.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3312 - APPLICATION FOR DISCONTINUANCE OF WATER SERVICE.

Application to discontinue water service shall be made to the MHCSD not less than three (3) days before the date on which discontinuance is desired. Such discontinuance may be approved at the discretion of the General Manager, and then, only when it is necessary for construction or repair. After the effective date of such discontinuance, all water consumption and water charges accruing shall cease until a customer requests resumption of water service to a parcel, except that temporary discontinuance of water service for any period of less than six (6) months shall not result in a cessation of monthly fixed or standby charges.

(Ord. 4319 § 1, 2007: Ord. 4203(a) § 1 (part), 2003)

MH-5-3313 - USE OF WATER.

No person shall use any MHCSD water, except as otherwise provided for by ordinance, unless installation of water service connection and initiation of the water service has been approved by the MHCSD General Manager in accordance with all applicable provisions of this code and standards as determined by the MHCSD General Manager. Any use without such approval shall be unlawful.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3314 - WATER METERS.

No water service connection may be attached to the MHCSD water distribution system in order to provide service to buildings, residential units, or landscaping unless such connection is equipped with a water meter. Fire service connections are exempt from this provision. The MHCSD General Manager may grant exemptions for temporary water service.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3315 - WATER METER FEE.

Prior to the installation of a water meter in accordance with the terms of this chapter, the customer shall pay any applicable fee established by the MHCSD Board of Directors to recover the costs incurred by the MHCSD to provide, install or supervise the installation of a water meter.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3316 - REQUIREMENTS FOR INSTALLATION OF WATER METER.

Water meters shall be installed either by the MHCSD or under the MHCSD's supervision, at the discretion of the MHCSD General Manager, and shall be installed in accordance with all applicable MHCSD standards

and all applicable building codes and regulations. A water meter shall not be installed unless a water meter permit and a plumbing permit have been issued. No occupancy permit for any structure served by the new water service connection shall be issued until meter installation is complete.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3317 - ACCESS FOR READING, MAINTENANCE AND REPAIR OF WATER METERS.

The customer shall provide MHCSD staff and/or its contractors access to the premises receiving water service as required for the reading, maintenance and repair of water meters, and shall keep water meters and meter boxes clean and accessible for such purposes.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3318 - TESTING WATER METERS.

Any metered customer may request in writing that the meter through which water is being furnished be examined and tested by the MHCSD to determine whether the meter is registering accurately the amount of water being delivered through it. Upon receipt of such request, the MHCSD shall cause the meter to be examined and tested. If the meter is found to register over three percent (3%) more water than actually passes through it, the customer's water bill for the preceding three (3) months will be adjusted accordingly. If the meter is found to register less water than actually passes through it, no billing adjustment will be made. Meter testing will be performed at a customer's request, at no charge to the customer, not more than once every twenty-four (24) months. Any more frequent testing requested by the customer will be done only after the customer has agreed in writing to pay the actual cost of such examination and testing and has posted a deposit equal to the estimated cost as determined by the MHCSD General Manager. If the meter is found to register over three percent (3%) more water than actually passed through it, the customer's water bill for the preceding three (3) months will be adjusted accordingly, the customer will not be responsible to pay for the cost of that examination and testing of the water meter and the deposit will be returned to the customer. If the meter is found to register less than three percent (3%) more water or to register less water than actually passes through it, no billing adjustment will be made and the deposit will be used by the MHCSD to pay its examination and testing costs. If the deposit amount exceeds the actual cost incurred by MHCSD, the balance of the deposit will be returned to the customer.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3319 - WATER METER USE.

No person, other than those with the approval of the MHCSD General Manager, shall install, maintain, repair, move, replace, adjust, tamper with, manipulate, damage, disconnect or remove any water meter. Any person or entity performing any of the foregoing actions, whether or not authorized by the MHCSD General Manager, shall pay the MHCSD costs of investigating and repairing any resulting damage and/or replacing any removed item(s), and shall indemnify and hold harmless MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from such damage or removal.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3320 - SERVICE PROVIDED TO ANOTHER PARCEL.

It shall be unlawful for any person whose water service pipe is attached directly or indirectly to a public water line, to allow any person to attach any pipe or hose connection to the plumbing on his or her parcel for the purpose of providing water service to any other parcel. If any person refuses to allow an authorized employee of the MHCSD to enter the premises of such person for the purpose of disconnecting the service pipe or hose connection attached to the owner's plumbing for the purpose of supplying MHCSD water to any other parcel, the MHCSD General Manager shall immediately cause the water service to the premises of the person so refusing entry to be shut off.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3321 - INSPECTIONS.

It shall be unlawful for any person to interfere or seek to interfere with the inspection by the MHCSD General Manager of any water line, water fixture, or water using or water distributing device to which MHCSD water is connected; provided that, before entering occupied dwellings or premises for the purpose of making an inspection, the consent of the occupant thereof shall be secured. If consent is not secured, the MHCSD General Manager shall take steps to effect an inspection as provided by law.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3322 - RECONNECTION OF WATER.

In no case shall water service be restored to any premises when shut off as provided in this chapter unless the pipe leading thereto is directly connected with the water distribution main and unconnected from any other service pipe leading to any other premises, and except on approval of the MHCSD General Manager and payment of all past due accounts and the additional amount covering costs for shutting off and restoring water service as provided in the fee schedule adopted by the MHCSD Board of Directors.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3323 - USE OF WATER AFTER SHUTOFF.

Whenever, from any cause, the MHCSD shall shut off any public or private fire hydrant or pipe carrying or discharging water from the MHCSD water distribution system, it shall be unlawful for any person to open such hydrant or pipe or to turn on or use any water from such hydrant or water pipe without first obtaining approval from the MHCSD General Manager as provided herein.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3324 - TEMPORARY WATER SERVICE.

If temporary water service is requested, underground water service taps shall be provided with the customer paying all costs and in sizes consistent with the capacity limits of the existing distribution system as determined by the MHCSD General Manager. The person requesting temporary water service shall furnish and install a reduced pressure principle backflow preventer, as determined by the MHCSD General Manager. If the MHCSD General Manager determines that it is impractical to furnish temporary water service through an underground water service tap, the General Manager may allow temporary water service from a public fire hydrant, with the customer paying all costs. Such permission shall be through the issuance of a permit that is either site specific and for a duration of sixty (60) days unless extended at the sole discretion of the

General Manager or such permit may be for one (1) year's duration for water transport vehicles or portable water truck fill stations and are community-wide in application. The fee for such permits shall be the fee for the appropriate sized water meter required for such service as determined by the MHCSD General Manager, whether such meter is required to be installed or not.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3325 - DISCONTINUANCE OF SERVICE.

Alterations, changes of equipment or piping, improper operation or lack of maintenance that results in conditions that are hazardous or are potentially hazardous to the potable water supply, either within the premises or in public water lines shall be cause for the discontinuance of the supply of water to the premises until the hazard or potential hazard is abated to the satisfaction of the MHCSD General Manager.

In case of fire, or alarm of fire, or any situation which in the opinion of the MHCSD General Manager has the potential to contaminate the MHCSD water supply, or in making emergency repairs, the MHCSD shall have the right to shut off water from any consumer or number of consumers without notice, and to keep it shut off as long as it may be necessary.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3326 - DISCONTINUANCE OF SERVICE—NOTICE AND HEARING.

If the MHCSD General Manager determines that this chapter has been violated and an emergency shutoff is not warranted, the MHCSD General Manager shall send a written notice to the customer explaining the violation. If, within ten (10) days of receipt of the written notice, the customer has not remedied the violation or requested an administrative hearing, water service to the parcel may be discontinued until the violation has been remedied.

The written notice of an administrative hearing shall state that the customer may appear in person at a hearing before the MHCSD General Manager upon request for such a hearing by the customer. The request must be made to the MHCSD General Manager within ten (10) calendar days of service of the notice indicating that the water service will be discontinued. The request for hearing must contain information as to the customer's address for the purpose of service of the decision of the MHCSD General Manager. The MHCSD General Manager shall conduct an administrative hearing within thirty (30) days of receipt of the appeal and render a written decision as to whether this chapter has been violated within ten (10) days of the administrative hearing. At the conclusion of the hearing, the MHCSD General Manager may find that the customer has violated this chapter, and order termination of water service to that customer. The MHCSD General Manager shall determine the administrative costs and costs of discontinuance of service to be charged against the customer. If, after the hearing, it is determined that this chapter has not been violated, the MHCSD General Manager shall not assess costs of administration or costs of water service termination against the customer. The MHCSD General Manager may impose such conditions and take such other action as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. The decision of the MHCSD General Manager shall be final. If the customer wishes to appeal the decision of the MHCSD General Manager, the appeal shall be directed in writing to the MHCSD Board of Directors within three (3) calendar days after receipt of the MHCSD General Manager's decision (not including Saturday, Sunday or holidays). The MHCSD Board of Directors may hear the appeal at their next regularly scheduled meeting or a special meeting called for the purpose of reviewing the appeal. The decision of the MHCSD

Board of Directors shall be made and a notice of the decision shall be served on the appellant within three (3) calendar days of the Board's decision, not including Saturdays, Sundays or holidays. Water service shall not be disconnected during the time the MHCSD General Manager or the Board of Directors is reviewing the matter and until three (3) calendar days, not including Saturdays, Sundays or holidays, after the written decision is served on the appellant. The decision of the Board of Directors shall be the final administrative decision.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3327 - SWIMMING AND WADING POOLS AND/OR FISH PONDS—RECIRCULATING DEVICES.

All swimming or wading pools or fish ponds above two hundred fifty (250) gallons in capacity, using water from the MHCSD water system or discharging to a public wastewater or storm water drainage system, shall be provided with a recirculating system equipped with an approved filter. The supply line shall be equipped with an approved air gap.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3328 - PUBLIC FIRE HYDRANT USE.

No person, other than authorized employees of MHCSD or the agency providing fire service to MHCSD or other persons duly authorized by the MHCSD General Manager shall open or operate any public fire hydrant or attach any hose, tubing or pipe thereto for any purpose, without first obtaining a fire hydrant use permit from the MHCSD General Manager. Public use of the fire hydrant shall comply with conditions established by the MHCSD General Manager and subject to such fees and charges as may be established by the MHCSD Board. No person, whether authorized to open a public fire hydrant or not, shall leave a public fire hydrant open or leave the cap off the nozzle of a public fire hydrant after having ceased to use it. Any person that opens or operates a public fire hydrant, whether or not authorized as provided herein, shall indemnify and hold harmless the MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising therefrom.

In the event that any person shall violate any provisions of this section, the MHCSD may require that person or the entity whom they represent to provide a cash deposit, equal to five (5) times the fire hydrant use fee as adopted by the MHCSD Board, as a condition of issuance for each and every fire hydrant use permit requested by that person or any other person representing the entity during the succeeding twelve (12) months. Said deposit shall be refunded after one (1) year if there are no further violations by that person or by any person representing the entity, but shall be forfeited if there are any violations during the one (1) year after issuance of the permit. If a person or person representing an entity commits more than three (3) violations during any five (5) year period, the MHCSD General Manager may refuse to issue any further fire hydrant use permits to that person or any person representing that entity.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3329 - PRIVATE FIRE HYDRANT USE.

Unmetered water service connections providing water supply to private fire hydrants are subject to such fee as may be adopted by the MHCSD Board of Directors and shall be used for fire suppression purposes only, except as otherwise provided herein. It shall be a violation for the owner or business where private fire

hydrants are installed to use or allow others to use private fire hydrants for any purpose other than fire suppression without obtaining the permission of the MHCSD General Manager. The MHCSD General Manager may require the property owner to purchase, install and maintain a detector check or similar device on each fire service provided to the property. The size, location and type of detector check or similar device shall be as determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3330 - OBSTRUCTION OF FIRE HYDRANTS AND OTHER WATER FACILITIES.

No person shall block or obstruct any public or private fire hydrant in such a manner that interferes with its operation, maintenance or repair, or the attachment of a fire hose thereto. No person shall place upon or about any public or private fire hydrant, water gate or water meter connected with the MHCSD water distribution system any building material or other obstruction so as to prevent free access to the same at all times.

Whenever any fire protection facility, including but not limited to, public or private fire hydrant, or other appurtenances for use by the MHCSD fire service provider are required to be installed pursuant to this chapter, there shall be included in the development plan and delineated thereon adequate provision for access by fire fighting personnel and equipment to and from all such fire protection facilities. Such access shall be approved by the MHCSD General Manager and the owner may be required to dedicate to the MHCSD as a condition of approval of the development plan, an easement sufficient for access by fire fighting equipment to such fire protection facilities. All such access easement shall be maintained in such a manner as to provide clear and unobstructed ingress and egress by fire fighting personnel and equipment and/or maintenance personnel and equipment at all times.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3331 - FIRE PROTECTION FACILITY AND WATER FLOW STANDARDS.

The recommendations, guidelines, and standards for fire protection facilities and adequate water flow published by the Insurance Service Office (ISO) are adopted as standards for fire protection facilities and adequate water flow. Water distribution facilities shall be designed to meet such standards in effect at the time the facility design is approved by the MHCSD General Manager.

When any land is to be developed in such a manner that any part of a proposed building or structure to be located thereon will be in excess of one hundred fifty (150) feet from the nearest public fire hydrant located, or to be located prior to the completion of the building or structure in a public street, alley or place, the owner or developer shall provide at the same time in the public street, alley, or place, or on-site, such fire protection facilities and adequate water flow for fire protection in accordance with provisions of this chapter. All facilities required to be installed shall be approved by and meet the specification of the MHCSD General Manager as to location, size and type of materials and manner of installation. The costs and expenses of installing and maintaining on-site fire protection facilities shall be the sole responsibility of the owner or developer of the land. The costs and expenses of installing off-site fire protection facilities, including main and branch mains, shall also be the sole responsibility of the owner or developer, and any costs incurred by the MHCSD in association with such fire protection facility installation either on-site or off-site shall be paid in full by the owner or developer before any water service connection is made, unless otherwise determined by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3332 - REVIEW OF PLANS AND FINAL INSPECTION BY FIRE SERVICE PROVIDER.

The MHCSD fire service provider shall review and comment on building permit applications filed with the San Joaquin County Building Division, if the proposed development will consist of one (1) or more buildings located upon a single parcel, or additions thereto, the total floor area of which, including that of any existing building located upon the same lot or parcel, will equal or exceed five thousand (5,000) square feet; or the proposed development will consist of one (1) or more buildings, or additions thereto, any one (1) of which exceeds either two (2) stories or thirty (30) feet in height.

The MHCSD General Manager shall approve the installation of the prescribed fire protection facilities and access ways prior to the final inspection and/or certificate of occupancy by the San Joaquin County Building Division.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3333 - MAINTENANCE OF ON-SITE FIRE PROTECTION FACILITIES.

All on-site fire protection facilities shall at all times be maintained as installed, free of leaks and in good working order by the owner of the land, except that fire protection facilities may be altered or modified with the written consent of the MHCSD General Manager, if consistent with other provisions of this chapter. Maintenance of on-site fire protection facilities shall include, but not limited to, repainting external surfaces and hydrant identification numbers, clearing away weeds, shrubs and other accumulations of vegetation, lubricating operating nuts and stems, and replacing nozzle caps, chains and gaskets.

The MHCSD General Manager is hereby authorized to enter upon the land at reasonable times and in a reasonable manner to conduct periodic tests and inspections of such facilities. If the MHCSD General Manager determines that any on-site fire protection facilities are being maintained in such manner as not to meet the standards established by the MHCSD General Manager, the MHCSD General Manager shall order the owner to make such repairs, alterations, or additions as shall conform the facilities to such standards. The MHCSD General Manager shall designate a reasonable time within which such repairs, alterations, or additions are to be made and it shall be unlawful for any person so ordered to willfully fail or refuse to comply with such an order.

Without affecting the property owner's responsibility for maintenance, the MHCSD General Manager may inspect, service, test and/or repair private fire hydrants and the property owner shall be required to pay such fee for these services as may be established by the MHCSD Board of Directors. Whether or not inspection, servicing, testing or repair is performed by a property owner or the MHCSD, the property owner shall indemnify and hold harmless the MHCSD, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from the condition of, or any failure to inspect, service, test or repair, any private fire hydrant located on the owner's property.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3334 - FILING OF MAP.

A map showing the size and location of all water pipes and hydrants installed pursuant to this chapter and stating the material of which such pipes are made and the date of their installation and approval shall be filed

with the MHCSD prior to the issuance of any occupancy permit under the provisions of the building code.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3335 - LIABILITY FOR CHARGES.

Each customer receiving water, wastewater, storm water and refuse service provided by the District either directly, through contract or permit, shall be liable for the rates, charges and fees for that service as established by the MHCSD Board of Directors.

It shall be and is hereby made the duty of each customer to ascertain from the District the amount and due date of any rates, charges and fees for which the customer is liable. It shall also be and is hereby made the duty of each customer liable for the rates, charges and fees to inform the District immediately of all circumstances, and of any change(s) in any circumstances which will in any way affect the applicability or the amount of any rates, charges and fees to premises where water, wastewater, storm water or refuse service is being received.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3336 - ADDITIONAL CHARGES.

The MHCSD General Manager may cause to be accomplished any extra work or service that the MHCSD General Manager deems reasonably necessary to provide water service to a property within the MHCSD in a manner that maintains the safety of the District's water supply. The MHCSD General Manager may cause the cost thereof to be added to the regular billing for such water service and to be collected in the same manner as other utility service charges are collected.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3337 - COLLECTION OF WATER SERVICE CHARGES WITH CHARGES FOR OTHER UTILITY AND SOLID WASTE COLLECTION SERVICES.

Water service charges, imposed for water service to a customer, shall be collected together with the charges for any other utility and solid waste collection service rendered to the customer by the District either directly, through contract or permit. Such water service charges shall be billed upon the same bill and collected as one (1) item with such other utility and refuse collection charges, unless other arrangements are approved by the MHCSD General Manager.

If all of the bill is not paid within ten (10) days following its due date, the MHCSD General Manager may order the shut off of any and all utility services for which the bill is rendered, including but not limited to water, wastewater storm water service and refuse collection service and pursuant to such procedures as may be required in state law.

Shutoff of any utility service shall not result in the cessation of monthly charges for such services.

(Ord. 4319 § 2, 2007: Ord. 4203(a) § 1 (part), 2003)

MH-5-3338 - PENALTY FOR OVERDUE PAYMENT.

In each case where all or any part of any charges for water, wastewater, storm water and solid waste collection services remains unpaid thirty (30) days after the due date shown on the bill, a penalty of ten percent (10%) of the total amount of such overdue charges shall be added to such subsequent bill for those overdue charges and for each succeeding bill that all or any part of the overdue charges remain unpaid, an additional one percent (1%) of the total amount of such overdue charges shall be added to the bill until the overdue charges are paid. A postmark date is not considered proof of payment.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3339 - WAIVER OR ADJUSTMENT OF CERTAIN CHARGES AND REFUNDS.

The MHCSD General Manager may adjust or refund such charges for water, wastewater, storm water or solid waste collection services as the MHCSD General Manager may deem inequitable, penalty charges under extenuating circumstances, cancellation of duplicate billings, refund of duplicate payments and refunds of amounts due to customers on closed accounts. Refunds on closed accounts of ten dollars ($10.00) or less will not be made unless a specific request is received from the party to whom the refund is to be made. The MHCSD General Manager may cancel all amounts owed on closed accounts with a balance due MHCSD of twenty dollars ($20.00) or less.

All adjustments or refunds may be credited to the customer's account or refunded directly to the customer upon request by the customer and approval by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3340 - FEE FOR RESTORATION OF WATER SERVICE.

In the event that water service to any premises is shut off for nonpayment, the water shall not be turned on until the amount due and a fee established by the MHCSD Board of Directors to cover the cost of making a service call to turn on the water are paid in full, unless otherwise approved by the MHCSD General Manager.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3341 - VIOLATION AND INFRACTION.

Any customer found by the MHCSD to be in violation of any of the provisions of this chapter shall be deemed guilty of an infraction with each day such violation is committed or permitted to continue after written notice has been served on the customer by the MHCSD General Manager or the Board of Directors shall constitute a separate offense and shall be punishable as such. The MHCSD may elect to prosecute such violation as an infraction(s) or as a civil violation(s) with fines or surcharges, or as both an infraction and a civil violation.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3342 - POWERS AND DUTIES OF THE MHCSD GENERAL MANAGER.

The MHCSD General Manager is hereby authorized to and may perform all of the provisions of this chapter and is empowered to make interpretations of this chapter whenever a question may arise as to the necessity for, manner or method in which materials, meters, backflow control devices or other equipment shall be installed.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3343 - SEVERABILITY.

If any provisions of this chapter are held to be unconstitutional, that portion or part thereof will be severed from the remainder and the remainder will be given full force and effect.

(Ord. 4203(a) § 1 (part), 2003)

MH-5-3344 - REMEDIES CUMULATIVE.

The remedies and penalties provided for in this chapter shall be cumulative and shall be in addition to any or all other remedies available to the MHCSD General Manager and the MHCSD Board of Directors of the Mountain House Community Services District.

(Ord. 4203(a) § 1 (part), 2003)