San Jose Municipal Code Part 1 Definitions

Unless the context otherwise requires, the words and phrases in this Part 1 shall have the following meanings and shall govern the construction of this Chapter 15.08.

(Prior code § 7600.)

"Actual costs" means the cost of labor and materials of installing water mains and service connections and all costs incidental thereto other than engineering costs.

(Prior code § 7600.1.)

"Applicant" means a person applying for water service.

(Prior code § 7600.2.)

"Backup facilities" means sources of water supply, wells, storage reservoirs, standby facilities, meters and meter facilities (excluding individual customer meters), office equipment, operating vehicles, tools and special equipment, water treatment facilities, communication facilities, lands and interests in land.

(Prior code § 7600.3.)

"City" means the City of San José, a municipal corporation of the state of California.

(Prior code § 7600.4.)

"Department" means the department of environmental services, or such other department designated by the city manager to administer this chapter.

(Prior code § 7600.5; Ord. 29031.)

"Director" means the director of environmental services, or such other director designated by the city manager to administer this chapter.

(Prior code § 7600.6; Ord. 29031.)

"Engineering costs" as used in this chapter means the costs of preparing detailed plans and specifications for water facilities, inspecting the construction of water facilities, and all overhead and administrative charges attributable to these actions.

(Prior code § 7600.7; Ord. 23975.)

"Equivalent dwelling unit" (EDU) as used in this chapter means any use of land which is projected to use an average of four hundred gallons of water per day from the municipal water system.

(Ord. 23975.)

"Fiscal year" means a period of twelve months commencing July 1st and ending June 30th.

(Prior code § 7600.8.)

"Land and interest in land" means land owned in fee by the city and used for water facilities, and rights, interests and privileges held by the city such as leaseholds, easements, water rights, diversion rights, subversion rights-of-way, and other like interests in land for the production or transmission of water.

(Prior code § 7600.9.)

"Main extension" means the extension of water mains beyond existing facilities.

(Prior code § 7600.10.)

"Major water facility" for purposes of Part 10 of this chapter means any improvement to the municipal water system of the city including, but not limited to, any installation that is used to store, transmit, purify, treat, pressurize, measure, pump or extract water, such as reservoirs, storage tanks, groundwater wells, pump stations, turnout connections to water supply sources, transmission mains, site improvement or appurtenant installations to accommodate growth and development.

(Ord. 23975.)

"Municipal water system" means the water system consisting of backup facilities, water mains and service connections owned and operated by the city.

(Prior code § 7600.11.)

"Person" means any individual, corporation, association, partnership, or any other private entity, or any governmental agency or body including the federal government, the state, the county, a city (excluding the City of San José), or any of their subdivisions.

(Prior code § 7600.12.)

"Premises" means the integral property or area, including improvements thereon, to which water service is or is to be provided; and which is undivided by public streets or water mains of the municipal water system, except that such division may be permitted in the case of industrial, agricultural and public or quasi-public institutions, and where all parts of the premises are operated under the same management and for the same purpose.

(Prior code § 7600.13.)

"Private fire protection service" means fire protection facilities not owned or operated by a public agency, located on private property, and used solely for the purpose of fire protection and which are regularly inspected by underwriters and which are installed in accordance with specifications approved by the department and which are maintained to the satisfaction of the department.

(Prior code § 7600.14.)

"Private fire protection service connection" means the pipe or tubing and fittings necessary to conduct water from the water main to the customer's property line for private fire protection service. No meter is included in such service connection, but it does include a detector check meter for the determination of leakage and/or wrongful use of water from the private fire protection facilities.

(Prior code § 7600.15.)

"Projected average daily water use" means the estimate of the likely total annual water use of a premises divided by three hundred sixty-five days. The likely total annual water use shall be determined based on all information provided to the director as well as the use of standardized water use calculations as applied in San José Municipal Code Section 15.16.180 for the treatment plant connection fees. Due consideration shall be given by the director to the use of water conservation measures or devices proposed for use within the structure or development.

(Ord. 23975.)

"Public fire hydrants" means fire hydrants located in public streets or public easements or rights-of-way and which are owned, operated or controlled by a public agency and are connected to the municipal water system.

(Prior code § 7600.16.)

"Public fire hydrant service connection" means the pipe or tubing and fittings necessary to conduct water from the water main to the public fire hydrant. No meter is included in such service connection.

(Prior code § 7600.17.)

"Rules and regulations" means rules and regulations for the municipal water system established, adopted or approved by resolution of the city council.

(Prior code § 7600.18.)

"Service area" means the Evergreen Water Service Area, the North San José Water Service Area, or the Alviso Water Service Area described in Part 2 of this chapter.

(Prior code § 7600.19.)

"Special assessment proceeding" shall mean a proceeding whereby real property is made subject to an assessment or special tax, whether contingent or otherwise, which constitutes a lien on the property and which is used to finance public water facilities benefitting the property assessed.

(Ord. 23471.)

"Standard service connection" means the pipe or tubing, fittings, valves, meter and meter boxes necessary to conduct water from the water main to and through the meter or to the curb stop or shut-off valve on an unmetered service connection, to the point where connection is made to facilities of the customer other than public fire hydrant service connections and private fire protection service connections.

(Prior code § 7600.20.)

"Water mains" means all water lines owned by the city, including necessary appurtenances such as fittings, valves, valve housings, anchors, air vents, vacuum breakers, and blowoff facilities, but excluding backup facilities and service connections.

(Prior code § 7600.21.)

"Water main area charge and frontage charge" means the charge established by this chapter for the privilege of connecting premises to the municipal water system. Such charges may from time to time be increased or decreased by amendment of this chapter.

(Prior code § 7600.22.)