Santa Ana Municipal Code § 39-16 Application for turning on water and transfer of responsibility

Footnotes:

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Editor's note— Ord. No. NS-2921, 4, adopted August 1, 2017, repealed art. II, §§ 39-15—39-46, in its entirety; and § 5 enacted a new art. II, to read as set out herein. Former art. II pertained to similar subject material, and was derived from Code 1952, §§ 7400—7416, 7418, 7419; Ord. No. NS-936, § 2, adopted September 16, 1968; Ord. No. NS-1084, § 1, adopted June 21, 1971; Ord. No. NS-1238, § 1, adopted November 18, 1974; Ord. No. NS-1624, § 1, adopted April 5, 1982; Ord. No. NS-2005, § 1, adopted May 1, 1989; Ord. No. NS-2045, §§ 1—11, adopted December 4, 1989; Ord. No. NS-2233, § 1, adopted September 19, 1994.

Cross reference— Water pollution control, § 18-151 et seq.; draining water onto streets, abandoned wells to be capped, 10-1, § 18-17.

State Law reference— For powers of city respecting water supply, see § 38742, Gov. Code.

As used in this article:

Afterhours means that period of time allotted by the finance director for the performance of unscheduled water service turn on or turn off, occurring after the regularly established hours for the performance of scheduled water service turn on or turn off, as set by the director of finance.

Agency means public works agency, City of Santa Ana.

Applicant means an individual, partnership, association, corporation, receivership, trust, trusteeship, or agency of government, or other legal entity recognized by the laws of the state or of the United States applying for water service.

Backflow preventer means an approved device or means to prevent backflow into the city's potable water system.

Common area amenities means areas within residential, commercial, or industrial developments for the common use of residents or workers managed by the owner or their agent, including but not limited to, rental offices, club houses, picnic areas, drinking fountains or filling stations, exercise rooms, and swimming pools.

City means the City of Santa Ana.

Cost means charges and/or fees which include the cost to the city of labor, materials, equipment, and overhead.

Customer means an individual, partnership, association, corporation, receivership, trust, trusteeship, or an agency of government or other legal entity recognized by the laws of the state or of the United States receiving water service.

Date of presentation means the date upon which a bill or notice is mailed to the customer at their mailing address of record, or in the event that a customer has signed up for electronic billing, the date upon which electronic notice is given to the customer at their electronic mailing address of record.

Director of finance or finance director means the chief administrative officer of the department of finance and management services or their authorized designee.

Director of public works means the chief administrative officer of the public works agency, City of Santa Ana, or their authorized designee.

Department of public works or public works department means the public works agency.

Department of finance or finance department means the finance and management services agency.

Due date means the date by which a bill must be paid by the customer to avoid delinquency charges, penalties, or other fees as a result of late payment, which is fourteen (14) days from the billing statement date, except when the 14 th day falls on a weekend, city holiday, or city hall closure day, such bills will be due on the next following city business day. This date will be printed on all account/billing statements provided to customers.

Fee means the amount established by resolution of the city council which is intended solely to cover the reasonable administrative costs (time, materials, overhead) incurred in performing any specified act on behalf of any person or at any person's request for which said person shall be liable.

Gender pronouns: The masculine includes the feminine and neutral genders.

Greywater means untreated wastewater that has not been contaminated by any toilet discharge; has not been affected by infectious, contaminated, or unhealthy bodily wastes; and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers, or as otherwise defined by the California Health and Safety Code.

Main means the distribution pipe line located in a street, highway, public easement, or private right-of-way which is used to serve the general public.

Master meter means a meter, read by the city, that measures water usage for an entire property or structure, which may include common areas.

Meter means any suitable water measuring device or facility which measures or determines the volumetric flow of water.

Multi-family dwelling/accommodation means an apartment building, apartment house, condominium complex, or any other group of residential units located upon a single premises, including mobile home parks, providing the residential units therein meet the requirements for a single family accommodation. Hotels or motels consisting primarily of guest rooms and/or transient accommodations are not classified as multifamily accommodations.

Municipal utility services account/billing statement means the consolidated account and/or billing statement to which refuse service charges, sanitation service charges, sewerage service charges and other sewerage related charges and fees, water commodity consumption charges, and other related water service charges and fees (including fire line service charges), together with corresponding penalties, as applicable, shall accrue and/or are stated.

Parcel means a division of land as shown in the Orange County Assessor's Book.

Person means an individual, partnership, association, corporation or an agency of any governmental organization, receivership, trust, trusteeship, or other legal entity recognized by the laws of the state or of the United States.

Premises or service address means the integral property or area, including improvements thereon, to which water service is provided or for which an application for water service is filed.

Private fire protection service means provision of stand-by readiness to serve water to premises through a separate fire service line connection for fire protection only, such fire service lines to be connected to automatic sprinkling system, hose attachments, or hydrants.

Property owner or owner means the record owner of real property, as shown on the most recently issued equalized assessment roll.

Recycled water means treated wastewater supplied by Orange County Water District from the Green Acres Project, or treated wastewater of comparable quality from such other water recycling system as the city shall designate.

Service area means all area within the city limits and the area served outside the city limits.

Service charge or service related charge shall mean any commodity consumption cost, whether measured by consumption or volume or whether applied as a pass-through adjustment rate, or any fixed amount or variable schedule of amounts authorized herein or authorized elsewhere in this chapter or Code relating to refuse, sanitation, sewerage, and water (including fire line service), as established by resolution of the city council.

Submeter means a device that measures water consumption of an individual unit within a multiunit residential structure or mixed-use residential and commercial structure, and that is owned and operated by the owner of the structure or the owner's agent.

Temporary service means a water service through a city-owned fire hydrant for special outdoor events, fairs, construction work, irrigation of vacant property, and similar uses which, because of their nature, will not be permanent.

Tenant improvement means changes made to the interior and exterior of a commercial or industrial property to accommodate the needs of tenants, including but not limited to, partitions, air conditioning, electrical, plumbing, fire protection, and security.

Theft of water means the taking of water from any city water main, hydrant, service, or facility without a meter or the written permission of the city in the form of a permit or application as provided for in the provisions of this article.

Unit of water means one hundred (100) cubic feet.

Water facilities means water distribution and treatment components, individually or as a whole, operating to provide storage, flow, and pressurized domestic water. The following components make up water facilities: wells, reservoirs, pipelines, system valves, control valves, fire hydrants, interties, disinfection treatment, instrumentation and controls, power distribution, and supervisory control and data acquisition system.

Water service means the tapping connection, pipe, valves, and other facilities by means of which water is conducted from the main water line, whether public or privately owned, to the meter.

(Ord. No. NS-2921, 5, 8-1-17; Ord. No. NS-3065, § 4, 6-4-24)

(a) Procedures; registration fee. An application to have water turned on or to transfer responsibility for water charges shall be made to the finance department of the city in conformance with the procedures established by the director of finance. A "registration fee" for the administrative cost therefore shall be made; provided, however, that the reversion of responsibility for water charges from a tenant to a previously registered property owner or other customer possessing the legal right to act as a lessor, at the time of the termination of such tenant's tenancy, shall not constitute a new application for turning on water or transfer of responsibility for water charges and shall not be subject to the "registration fee".

(b) Transfer of responsibility. The customer of record shall remain a customer of record until a transfer of responsibility occurs. If no customer is on file with the City, the customer on record, by default shall be the property owner of the premises where water service is being provided. If there is ever any dispute as to who should be the customer of record, by default, the customer of record shall be the property owner of the premises where the water service is being provided. Within the meaning of this chapter, a transfer of responsibility for water service charges occurs when any of the following conditions are met:

(1) The property owner, authorized agent, or other customer possessing the legal right to act as an owner or lessor, informs the department of finance that a tenant has assumed lawful possession of the premises or that there has been a lawful change in possession by a new tenant, and the department can confirm with the tenant that such a change occurred, and the tenant agrees to assume responsibility for water service charges moving forward. Alternatively, a tenant independently informs the department of finance that they have assumed lawful possession of the premises and desires to assume responsibility for water service charges.

(2) A written lease or other rental agreement (signed by the owner, or their authorized agent, and the tenant) is provided, clearly specifying that the named tenant shall be responsible for municipal utility services directly with the utility provider, and the tenant agrees to assume responsibility for water service charges.

(3) A recorded deed or other government-issued record is provided indicating that a property was purchased by a new owner, and the new owner contacts the City to assume responsibility for water service charges. Property owners, whether in the sale or acquisition of real property, are responsible for the transfer of responsibility and determining who is the appropriate customer of record with the City. The customer of record will be held liable for the payment of water service charges and other municipal utility services at the premises.

(4) In accordance with the Water Shutoff Protection Act, California Health and Safety Code §§ 116900, et seq., as amended from time to time.

(c) Deposit. Each applicant, except for the property owner of record, shall make a water service deposit at the time of making an application for turning on water or transfer of responsibility in an amount as set forth by resolution of the city council. The deposit may be refunded or applied as an account credit if and when all municipal utility services account bills rendered have been paid before their delinquent date for a period of one (1) year.

(d) In the event occupant(s) of any property or premises having registered a municipal utility services account and transferred municipal utility services into their own name as tenant(s), pursuant to a lease or other rental agreement (signed by the owner or their authorized agent) clearly specifying that the named tenant(s) shall be responsible for municipal utility services in tenant(s)' own name, thereafter quit or otherwise vacate the premises, then responsibility for future charges shall revert to the municipal utility services account of the property owner.

(Ord. No. NS-2921, 5, 8-1-17; Ord. No. NS-3065, § 5, 6-4-24)

(a) Any person desiring to request a new water service or change the size or location of an existing water service shall make application to the agency for such addition or change. The agency, if in its judgment determines that the change in service size or location is advisable, will issue a permit authorizing the change. The agency reserves the right to make the final determination of the size of the service connection and its location. An applicant requesting the new water service or requesting the change in service size or location shall be liable for all costs. New locations and changes of the location or the size of water service must be built to city specifications by a private contractor, to be hired by applicant and inspected by city.

(b) Meters for new water service, resized service, or relocated service shall be installed by the city. Fees for the service application, meter and installation shall be payable in advance prior to issuance of an occupancy permit.

(c) The city shall furnish the meters.

(d) The material used for the installation of new water service or change of the size or the location of water service shall conform to the water system design standards in accordance with section 39-3(a).

(e) Before new water service will be permitted by the city, the customer shall obtain any approval of facilities furnished or installed by customer, which may be required by the planning and building agency or the Orange County Fire Authority or any other authority whose approval is required by law.

(Ord. No. NS-2921, 5, 8-1-17)

All facilities, including but not limited to water meters, meter boxes, fire hydrants and fittings installed by the city, shall remain at all times the property of the city. Where replacements, repairs, or adjustments of any facility are rendered necessary by the act, omission, or negligence of the customer or of any person occupying the premises with the consent of the customer, any expense incurred by the city shall be charged against and collected from the customer. If the customer fails to pay such fees, the water may be shut off until such fees are paid.

(Ord. No. NS-2921, 5, 8-1-17)

(a) Water commodity consumption and service charges.

(1) Commodity charges. Quantitative consumption rates shall be charged in the amount which the city council shall establish by resolution and in accordance with applicable law.

(2) Basic service charges. Charges shall be made for services rendered to provide and maintain a potable water supply and to provide standby readiness in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law.

(3) Multi-family per unit charge. Basic service charges shall be applied to developments that meet the definition of multi-family dwelling/accommodation where the individual units are not individually metered by the city.

(4) Private fire service protection charge (fire line charge). A charge shall be made for the service rendered to provide readiness to deliver relatively large quantities of water for short periods of time for on-site private fire protection and suppression systems in the amounts established by and for the purposes described in the resolution adopted by the city council and in accordance with applicable law.

(b) Fees to establish water service. All applicants, prior to connecting to a water main or prior to an increase in size of an existing water meter or service, shall apply and obtain a permit to do so and pay the following fees in amounts as established by resolution of the city council.

(1) New water service application fee — see section 39-17.

(2) Water meter cost and installation fee — see section 39-17.

(c) City is authorized to charge/levy the following administrative and other fees and deposits in an amount established by resolution of the city council, excepting any restrictions of imposition of such fees or deposits as detailed in the Water Shutoff Protection Act, California Health and Safety Code § 116900, et seq., as amended from time to time:

(1) Meter turn on or meter turn off fee during weekdays for new water turn on services and delinquent accounts — see section 39-20(e).

(2) Afterhours turn on or turn off fee during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer — see section 39-20(e).

(3) Special investigation/meter reread fee when requested by customer or when meter was inaccessible at the time the routine meter read was attempted by the city — see section 39-20(c).

(4) Meter removal fee or meter resetting fee (to re-install meter when meter was removed for non-payment or for violation of this Code) — see section 39-20(e).

(5) Meter test fee (when requested by customer) — see section 39-21(a).

(6) Temporary construction meter deposit — see section 39-24.

(7) Temporary construction meter daily rental fee — see section 39-24.

(8) Field collection fee — see section 39-20(j).

(9) Return payment service fee — see section 39-20(m).

(10) Fire flow test application fee — see section 39-28.

(11) Fire flow test witness fee — see section 39-28.

(12) Backflow preventer third-and-final notice generation fee — see section 39-29(e).

(13) Water service deposit — see section 39-16(c).

(14) Backflow device testing administrative fee — see section 39-29(e).

(15) Registration fee — application for turning on water and transfer of responsibility — see section 39-16(a).

(16) Tag fee — see Sec. 39-20(d).

(17) Removal of unauthorized "straight pipe" connections fee — see section 39-20(k).

(18) In street cut-off (of water services) fee — see section 39-20(l).

(19) Meter read trip fee — see section 39-20(e).

(20) Abstract of billing history fee — Whenever a customer of record or his agent requests a history of charges and/or fees billed to a municipal utility services account registered in the name of the customer, an abstract of billing history shall be provided and an "abstract of billing history fee" shall be added to the customer's next regularly scheduled municipal utility services account/billing statement. Whenever such request is made by a third party pursuant to customer's letter of authorization, the fee shall be payable in advance.

(Ord. No. NS-2921, 5, 8-1-17; Ord. No. NS-3065, § 6, 6-4-24)

(a) Date payment due. Water commodity consumption charges, and related water service charges (including any fire line charges), and other fees and penalties shall be stated as part of a municipal utility services account/billing statement along with refuse related charges as established pursuant to section 16-38, sanitation related charges as established pursuant to section 18-601 et seq., sewerage related charges as established pursuant to section 39.55.1 et seq., and all above related corresponding associated penalties, and are due and payable to the department of finance on the due date which is fourteen (14) days from the billing statement date except that when the 14th day falls on a weekend, city holiday, or city hall closure day, such bills shall be due on the next following city business day. Any charge for water supplied to any customer, or any related charges or fees (including fire line charges), together with any refuse service, sanitation service, sewerage service charges, fees, or penalties due to the city from such customer, or due from any person who has applied for water service, as herein provided for, shall be added to any billing being currently rendered to such person, and the same shall become a part of their current municipal utility services account/billing statement for water service and subject to all of the provisions of this chapter. Partial payments made upon municipal utility services account/billing statements shall be applied in the following order:

(1) Refuse service related charges,

(2) Sanitation related charges,

(3) Sewerage service related charges,

(4) Water service commodity consumption charges and related charges (including fire line service charges) and fees established pursuant to section 39-19, and

(5) Corresponding penalties and fees as provided respectively under sections 16-38(c), 18-603(b), 39-55.2(a), and 39-20(d).

(b) Failure of meter to register correctly. If a meter fails to register during any period, or is known to have registered inaccurately, the customer shall be charged for a seasonally adjusted average daily consumption for a period of similar duration determined when the meter was registering accurately.

(c) Meter reread and meter investigation. When a meter box is inaccessible at the time the routine meter read was attempted by the city or when consumption occurs in connection with a previously turned off meter, or when a customer requests that the city verify the accuracy of the read as shown on the bill, the customer shall be charged a "special investigation/meter reread fee" as established by resolution of the city council for sending a field representative to the service address to investigate the meter and obtain a reading or rereading of the meter. If the reading or rereading shows that the previous read is in error, no special investigation/meter reread fee will be imposed; otherwise such charge shall be added to the customer's next regularly scheduled water bill.

(d) Penalties. A penalty of ten (10) percent shall be assessed on the unpaid balance of all unsatisfied municipal utility services account/billing statement charges and fees, and penalties thirty (30) days after the billing statement date, in accordance with subsection (a). Thereafter, a delinquency notice shall be presented to the customer. The delinquency notice shall advise the customer that service may be discontinued if the bill remains unpaid after sixty (60) days from the due date. The notice shall be mailed to the service address and mailing address, if different. The notice shall comply with the Water Shutoff Protection Act, specifically California Health and Safety Code § 116908(a)(1), as may be amended from time to time. If written notice of payment delinquency and impending discontinuation is returned undeliverable, the City shall comply with the Water Shutoff Protection Act, specifically California Health and Safety Code §116908(a)(2) as may be amended from time to time, in an attempt to make contact with the customer. Two (2) business days before the intended turn off of water service, a discontinuance of service "tag" for non-payment shall be affixed to the premises and a "tag fee" imposed for such notification service. Thereafter, service may be discontinued if the bill is not satisfied within the time required by such notice. A residential customer may avail themselves of any applicable rights under the Water Shutoff Protection Act, California Health and Safety Code § 116900, et seq., as may be amended from time to time, prior to water service discontinuation. Once turned off, water service shall remain off until all charges, penalties and fines have been paid, unless an application to have the water turned on is received accompanied by evidence satisfactory to the department of finance of change of ownership. Upon the receipt of such evidence, the application for turning on water or transfer of responsibility for water charges shall be processed as provided for in section 39-16.

(e) Turn off and turn on of service. When the water has been turned off for non-payment or for the violation of any provision set forth in this code or any ordinance, regulation or requirement of the city, such water shall not be turned on again unless the violation has been corrected and all charges and penalties have been paid, unless the turn off is exempt from such payment by reason of change of person receiving service. A "meter turn on fee" and "meter turn off fee" shall be made for each separate trip to the premises for the purposes of turning on or turning off water service during weekdays for new water turn on services and delinquent accounts and whenever otherwise requested by customer; provided, however, that turn on or turn off of water service during afterhours and holidays for new water turn on services and delinquent accounts when requested by customer, shall be subject to a special "after hours turn on or turn off fee" as established by resolution of the city council. After a water meter has been turned off for a period of seven (7) days, the meter may be removed from the service. A "meter removal fee" as established by resolution of the city council shall be made for the cost of meter removal. A "meter resetting fee" as established by resolution of the city council shall be made for the reinstallation of the meter and the turning on of the water. A "meter read trip fee" as established by resolution of the city council shall be payable for each trip to a customer's premises for the purposes of performing a meter read for closing out of service, or for start of service, or for transfer of responsibility for service. Fees as herein provided shall be added to the next water bill issued after date of turn off, turn on, special investigation/reread, meter resetting/reinstallation or other designated trip, provided the amount is not collected in advance of the turn off, turn on, special investigation/reread, meter resetting/reinstallation, or other designated trip. For the purposes of this article, the term "trip" shall not include the regularly scheduled routine reading of customers' meters.

(f) Closing bill. Upon the rendering of the final bill for service, the city shall not refund any credit balance or deposit of less than one dollar ($1.00); any checks returned that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies for refund within twelve (12) months.

(g) Individual liability for joint service. Two (2) or more persons who join in one (1) application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill presented to the person designated in the application process to receive the bill.

(h) Change of address. Water service shall not be given to any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business have been paid.

(i) Transfer of charges. When a customer maintains separate water service at multiple premises in the city under the same name or identity of ownership or tenancy, and water service has been discontinued at one (1) premises for non-payment, the department of finance may transfer the unpaid balance owing from the account to which service has been discontinued to any other account belonging to the customer for which water service remains ongoing.

(j) Field collection fee. When a representative of the city collects payment of delinquent charges owing from a customer or customer's agent in the field, in lieu of performing a turn off or removal of customer's meter, a "field collection fee" shall be applied and collected from the customer or their agent at the same time as all other delinquent charges and fees owing are collected.

(k) Removal of unauthorized "straight pipe" connections. Whenever a customer has connected to the city's water service through an unauthorized straight pipe connection, the city shall cause such connection to be removed and a "removal of unauthorized straight pipe connections fee" as established by resolution of the city council shall be made and billed to the customer.

(l) In street cut-off of water services. Whenever, in the discretion of the director of public works any customer's access to the water service must be physically severed by means of an in street cut-off of water service, whether due to authorized turn on of water service, or unauthorized straight pipe connection, or other violation of city code, an "in street cut-off fee" as established by resolution of the city council shall be made and billed to the customer.

(m) Any charge, fee, or deposit owing to the city which has been paid by an instrument such as a check or draft which is dishonored upon presentation for payment, shall be void and of no effect from its inception. The director of finance, may, in their discretion, withhold the effect of this provision if the instrument is redeemed within fifteen (15) days of its return. Payment of charges, fees, or deposits following a dishonor of such instrument upon presentation for payment shall thereafter be made only by credit card, cashier's check, money order, or cash, which amount shall include any applicable penalty, as well as a "return payment service fee". The director of finance shall be authorized to reject payment other than by cash, cashier's check, or money order from such customer or such customer's agent for a period of two (2) years following any such dishonor.

(n) Water service commodity consumption charges and water related charges and fees established pursuant to section 39-19, and any corresponding penalties accrued for failure to make timely payment therefore pursuant to section 39-20 shall be a civil debt owing to the city.

(Ord. No. NS-2921, 5, 8-1-17; Ord. No. NS-3065, § 7, 6-4-24)

(a) A customer may request the agency to test the meter serving his premises. The customer shall be charged a "meter test fee" to cover the cost of such test. The fee shall not be applied if the meter is found to register not more than two (2) percent fast. The customer shall have the right to observe the performance of the test, and a written report of the test will be given to him upon request.

(b) When upon test, a meter is found to be registering more than two (2) percent fast, the city will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not exceeding a period of six (6) months.

(c) When upon test a meter two (2) inches or less in size is found to be registering more than twenty-five (25) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings, seasonally adjusted for the period the meter was in service, but not exceeding a period of four (4) months.

(d) When upon test a meter three (3) inches or larger in size is found to be registering more than five (5) percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings, seasonally adjusted for the period the meter was in service, but not exceeding a period of four (4) months.

(e) Customers are required to keep their plumbing pipes, service pipes, and all facilities on the customer's side of the meter in good order and are required, at their own expense, to locate and repair any leaks. It is not the city's responsibility to locate or repair any water facility on the customer's side of the meter. No allowance will be made on a customer's bill for loss of water, once the water is delivered to the customer's side of the water meter.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The director of finance shall have responsibility for administering the city's consolidated municipal utility services accounts (refuse and refuse related, sanitation and sanitation related, sewerage and sewerage related, and water and water related, including fire line service) as they correlate to account establishment and maintenance, billing, payment processing, collection, and customer service operations.

(b) To efficiently and equitably implement the purpose and intent of the general provisions of this chapter subject to his administration, including those portions of chapters 16 and 18 relating respectively to refuse service charges and sanitation service charges in connection with municipal utility services accounts/billing statements, the director of finance may vary and adjust the strict procedural, billing, collection, enforcement, or other administrative requirements. In addition, the director of finance shall have the power, for good cause shown, to waive, abate, adjust, refund, or reduce any commodity consumption, charge, other charge, fee, or penalty imposed, or deposit demanded. The director of finance may in his discretion exercise this authority on a case-by-case basis in connection with any individual applicant or customer, or other person or legal entity, or on a class-by-class basis in connection with any category, class or subclass of applicants, customers, or other persons.

(c) In connection with the above described chapters and provisions subject to his administration, the director of finance shall have the authority to settle, discontinue, or waive the collection of any claim, or class of claims, for good cause shown, or if it appears that further proceedings would be without merit, or if the administrative or legal cost therefore would be excessive, or if the amount of the claim in question is de minimus. A claim, or class of claims, shall be deemed to be de minimus whenever the total amount of the claim is determined by the director of finance to be equal to or less than the total anticipated administrative costs associated with collecting the amount. The director of finance may in his discretion determine this amount on a case-by-case basis or on a class-by-class basis.

(d) The director of finance shall have the further authority to interpret, make rules and regulations, and establish guidelines not inconsistent with the provisions of this chapter, subject to his administration, or those portions of chapters 16 and 18 relating respectively to refuse service charges and sanitation service charges in connection with municipal utility services accounts/billing statements, as may be necessary or desirable to aid in the administration or enforcement of such provisions, including the establishment of service hours for scheduled water service turn on and turnoff, as well as afterhours periods for the performance of unscheduled water service turn on or turn off.

(Ord. No. NS-2921, 5, 8-1-17)

(a) There shall be the following types of water services:

(1) Domestic-residential. Domestic-residential water service shall be used to serve domestic water to residential units, including single-family detached homes, single family attached units, residential units within multi-family developments such as apartments, condominiums, and townhomes, residential units within a mixed-use development, and mobile home spaces.

(2) Domestic-commercial. Domestic-commercial water service shall be used to serve domestic water to motels, hotels, restaurants, office buildings, commercial centers, and strip malls.

(3) Domestic-municipal. Domestic-municipal water service shall be used to serve domestic water to federal, state, county, and city government offices, buildings and parks.

(4) Domestic-industrial. Domestic-industrial water service shall be used to serve domestic water to industries such as chemical and allied products, food, mining, paper and allied products, petroleum refining, and steel.

(5) Domestic-institutional. Domestic-institutional water service shall be used to serve domestic water to hospitals, convalescent homes, developmental facilities, long term care facilities, nursing homes, psychiatric facilities, rehabilitation facilities, and developmental disability facilities.

(6) Domestic-common area. Domestic-common area water service shall be used to serve domestic water to clubhouses, on-site laundry rooms, recreational areas, exercise rooms, drinking fountains, cooling equipment and make up water for recirculating decorative fountains.

(7) Irrigation. Irrigation water service shall be used for irrigation systems to establish and maintain landscape areas, lawns, trees, gardens, and shrubs; assist crop and pasture growth; or to maintain vegetation on recreational lands such as parks, sports fields, and golf courses. Irrigation includes water that is applied for pre-irrigation, chemical application, weed control, field preparation, harvesting, and dust suppression. Irrigation water service shall be used to irrigate all non-residential irrigated landscapes of one thousand (1,000) square feet and residential irrigated landscape of five thousand (5,000) square feet or greater.

(8) Industrial. Industrial water service shall be used to serve water to industries that use water in their manufacturing or any portion of their fabrication or process systems.

(9) Recycled water. Recycled water service, if available, shall be used in accordance with section 39-38.

(10) Fire protection. Fire protection services shall be used for fire protection systems pursuant to the local fire code as specified in section 39-27.

(b) There shall be the following metering requirements:

(1) Each individual residential unit, commercial unit, industrial unit, and mobile home space shall be individually metered by city or submetered as required by applicable law.

(2) Residential lots with landscape area over five thousand (5,000) square feet shall be required to have a dedicated irrigation service and water meter.

(3) Non-residential lots with landscape area greater than one thousand (1,000) square feet shall have dedicated irrigation service and water meter.

(4) At the discretion of the director of public works, master metering can be allowed if site conditions prohibit the installation of individual meters, or submeters are proposed by the developer.

(5) Newly constructed multiunit residential structures or newly constructed mixed-use residential and commercial structures for which an application for a water connection, or more than one (1) connection, is submitted after January 1, 2018, shall at the owner's sole cost and responsibility have a measurement of the quantity of water supplied to each individual residential dwelling unit as a condition of new water service. The measurement may be by individual water meters or submeters. The owner shall be required to install and read such meters, unless otherwise agreed by the city.

(6) Multifamily dwellings and common interest developments including apartment complexes, condominiums, townhomes, mixed use developments, and mobile home parks with common area amenities shall have a dedicated domestic-common area water service and meter.

(c) Meter required. Every water service, except fire protection services meeting conditions of section 39-27, shall have a meter installed in the service line in the public right-of-way or a dedicated easement.

(d) Maintenance of customer's facilities. Customers shall prevent all waste of water and keep their service pipes, all plumbing fixtures, pipes, and other apparatus (except facilities owned by the city) in good repair and free from leakage and backflow at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain such facilities in good repair and free from leakage and backflow.

(e) Vacated premises. Water rates will be charged for vacated premises until the city is notified of the discontinuance of the use of water, and is requested to turn off the water.

(f) Admittance to premises. Any authorized employee of the city shall be admitted at all reasonable hours to all appropriate parts of the premises supplied with water to see that the provisions of this article, resolutions adopted pursuant hereto, and administrative regulations published in accordance herewith are carried out.

(g) Unauthorized turn-on or tampering. No one except an authorized employee of the city shall turn the water on or off from or to any premises at any city curb stop, or connect or disconnect, or in any way tamper with, any pipes in the meter boxes or with any other part of the water system of the city.

(h) Resale or distribution. No customer supplied by the city shall commercially supply water to any other person on property other than the premises for which the customer has applied for service, except as may be permitted by special agreement with the agency. Water used by any customer shall be restricted to that use specified in the application or permit for such service.

(i) Utility emergency requirements. All faucets, sprinklers, hose nozzles, or other continuous streams must be shut off promptly upon the sounding of an alarm of fire or upon notice of other emergency or major disaster. The water shall not be turned on again until the fire is known to be extinguished or the required repairs have been made.

(j) Shut-offs for extensions and repairs. The city reserves the right upon reasonable notice, if possible, at any time to shut off the water in its mains for the purpose of making extensions or repairs, or for other purposes, and all persons having boilers within their premises not supplied with tanks or cisterns, but depending upon the pipes of the city to keep them supplied, shall caution against the danger of collapse.

(k) Responsible owner or applicant. In all cases where water is supplied to several tenants from one (1) connection or tap, the city contracts only with the person designated on the application. Failure by such person to comply with the provisions of this article, or with resolutions or regulations enacted or adopted pursuant hereto shall be sufficient cause to disconnect all service until such ordinances, resolutions or regulations are complied with.

(l) Right of agency to install facilities. The city shall have the right at any time, and at any point for good cause, to install or change any water meter, detector check, backflow preventer, and fittings as required by this article, and the customer shall bear all costs for work so performed. Failure to pay for these facilities as set forth in this article shall relieve the city of any responsibility to provide any service and the service shall be disconnected until full payment of costs, interest, and penalties has been made to the city.

(m) Nonliability of city for interruption in service. The city shall not be liable for damage resulting from interruption of service, shortage, insufficiency, or quality of supply.

(n) Notice to customer for shutdown of service. In case of emergency or during normal water system maintenance and repair operations, whenever possible, all consumers affected will be notified prior to any shutdown of service.

(o) Temporary shutdowns authorized. Temporary shutdowns may be restored by the city for improvements and repairs and the city shall not be liable for any loss or damage occasioned thereby.

(p) Inspecting apparatus—Right of city. The city reserves the right of inspection of customer's apparatus at all times.

(q) Resale of water prohibited. Where submeters are utilized, customer shall not resell to another person at any charge higher than his pro rata share of the total charges as rendered by the agency.

(r) Pressure and supply. The city assumes no responsibility for loss or damage because of high water pressure or lack of water or pressure and merely agrees to furnish such quantities and pressure as are present in its general distribution system. The service is subject to shut down and variations required by the operation of the system. Any pressure regulation to control water pressure greater than eighty (80) psi (pounds per square inch) shall be the responsibility of the customer.

(s) Curb stops. There shall be a curb stop or valve in every attachment just inside the curb at a point to be designated by the city. The curb stop and box will be supplied by the city and shall be for its exclusive use and under its exclusive control.

(t) Damage to customer's property. The city will not be responsible for damages to buildings or their contents from any break in a water pipe beyond the street service box. Water customers shall, for their own protection, provide at their own expense another valve at the first suitable point beyond the meter.

(u) Unused service connection. Any service connection which has been installed for a period of ten (10) years or more and has not been activated for ten (10) years shall be considered inactive and obsolete. Any person desiring water service for such premises or any portion thereof formerly supplied by the inactive service shall make application for a new service connection and pay the current charge therefore.

(v) Meter box or hydrant obstruction. No person shall place trash, dirt, building materials, or other objects or obstructions on or around meter boxes or on, around, or adjacent to city hydrants. No person shall allow the meter boxes or hydrants to become obstructed or obscured by vines, trees shrubs, plants, or in any manner so as to make their location difficult to determine, or so as to interfere with or render difficult free access to, or use of, meter boxes or fire hydrants. In the event of obstruction or obscuring, notice shall be given by the agency to the property served by such meter, or adjacent to such hydrant; such notice shall contain the requirement that the obstruction be removed within twenty-four (24) hours. Where a meter box is obstructed or obscured so that it cannot be read, a "special investigation/meter reread fee" shall be made for returning to read the meter.

(w) Responsibility of city. The city's responsibility ends at the customer's side of the meter or where the city's facilities terminate.

(x) Above ground water system appurtenances. Fire hydrants and aboveground backflow prevention devices, fire connection stand pipes and above ground meters shall be entirely color coded as follows:

(y) Fire hydrant location. Fire hydrants shall be installed in locations specified by the agency. If an applicant requests, and the agency approves, a change in the size, type, or location of specified hydrants may be made. The applicant shall pay any additional costs required to comply with the request.

(Ord. No. NS-2921, 5, 8-1-17)

(a) Use of fire hydrants as temporary water service. City fire hydrants are provided for the primary purpose of extinguishing fire and shall be opened and used only by the agency, fire department, or such persons as may be authorized by permit. No person shall draw water from any fire hydrant without a permit. Water shall be drawn from hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter. Such auxiliary valve and meter shall be placed on the fire hydrant outlet with the auxiliary valve closed before any fire hydrant valve is opened. Any person using a fire hydrant without the required permit, tools, and meter may be charged with theft of water.

(b) Permits shall be issued in the following manner:

(1) Permits shall be issued for a period not to exceed six (6) months. Renewals for the same location or permits for a different location may be granted only after the city has inspected the meter for damage or tampering and has determined the amount of water used as recorded by the meter and that all bills due and payable have been paid or that the amount of deposit is adequate to cover all unpaid bills or cost of repairs.

(2) Permits shall not be granted to any individual business or agency known to be in violation of any provision of this Code.

(3) Permits shall show the name and address of the permittee, the date issued, the expiration date, the number and location of each hydrant from which water may be obtained, and the amount of money deposited.

(4) Deposits may be transferred from one (1) permit to another only if all the conditions of subsections (b)(1) and (2) have been met.

(c) Deposit and fees. Upon granting any permit under this section, the agency shall require the applicant to make a deposit as set by resolution of the city council sufficient to cover cost of meter with stand, auxiliary valve, and hydrant wrench. Deposits will be refunded upon the return of undamaged meter and tools and payment for water used. All or part of the deposit may be forfeited for failure to report the amount of water used monthly, for failure to pay any bill, or for failure to return any meter and tools issued to the permittee.

(d) Fees. A daily meter rental fee as set by resolution of the city council, in addition to the cost of water used, shall be charged for each day the meter is in possession of the permittee. A minimum fee equal to the total of the daily rental charge for five (5) days shall also be established. The rental and cost of the water used may be deducted from the deposit.

(e) Timing. Upon completing the fire hydrant meter permit application, a fire hydrant meter will be installed by the city at the location specified in the permit within forty-eight (48) hours of the completed application.

(Ord. No. NS-2921, 5, 8-1-17)

(a) Every water service as defined in this chapter shall be metered.

(b) Water services shall be designated according to the type of use as defined in this chapter.

(c) Only duly authorized employees or agents of the city shall be permitted to install water meters. Following the final acceptance of the water service and meter, the meter and the service connection shall belong to the city and are the sole property of the city.

(d) Meters will be read at regular intervals for the preparation of regular bills and as required for the preparation of opening bills, closing bills, and special bills.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The city will exercise reasonable diligence to furnish a continuous and sufficient supply of water to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom of interruption.

(b) The city shall not be liable for interruptions or shortage of supply, nor for any loss or damage occasioned thereby.

(c) Whenever, in the operation of the city's water system, interruption in the delivery of water to customers results from or is occasioned by cause other than the exercise by the city of its right to temporarily suspend the delivery of water for the purpose of making repairs or improvement to its system, notice of any such interruption will not be given to the customers of the city, but the city shall exercise reasonable diligence to reinstitute delivery of water.

(d) The city, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, shall have the right to temporarily suspend the delivery of water. In all such cases, as reasonable notice as circumstances will permit will be given to the customer, and the making of such repairs or improvements will be completed as rapidly as may be practicable and at such times as will cause the least inconvenience to its customers.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The use of separate fire protection services shall be limited to servicing structural and buildings fire sprinkler systems, fire hoses, on-site fire pumps, fire department connection standpipes, and fire hydrants. No such service shall be used for any purpose other than flushing, fire flow testing, and the extinguishment of fires. All such services shall be equipped with an approved double check valve assembly in accordance with section 39-29(i) at the expense of the owner.

(b) A private fire protection service required to be flow tested routinely shall be equipped with an appropriately sized fire service meter approved by the Orange County Fire Authority.

(c) For non-residential tenant improvement projects that require a permit, plan check, or design review costing fifty thousand dollars ($50,000.00) or more, an approved double check valve assembly shall be installed on the existing private fire service.

(Ord. No. NS-2921, 5, 8-1-17)

Fire flow tests shall be performed by a certified fire protection professional. An application shall be submitted and a permit issued to the individual requesting the test prior to conducting the test. The flow test must be witnessed by a representative of the agency. A fire flow application fee and a fire flow witness fee, as set by resolution of the city council, shall be the responsibility of the applicant.

(Ord. No. NS-2921, 5, 8-1-17)

(a) State regulations adopted. The regulations of the State of California related to Drinking Water Supplies, Title 17, as they are now in effect or as they may be amended in the future, insofar as the same are applicable to the protection of the water supply of this city, are hereby adopted, incorporated herein and made a part hereof.

(b) Purpose; applicability.

(1) The purpose of this section is:

(A) To protect the public water supply against actual or potential cross-connection by isolating within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises;

(B) To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;

(C) To eliminate cross-connections between drinking water systems and sources of contamination; and

(D) To prevent the making of cross-connections in the future.

(2) It is unlawful to make or maintain, for any period of time whatsoever, any cross-connection between plumbing pipes or water fixtures being served with water by the agency and any other source of water supply, or to maintain any sanitary fixture or other appurtenances or fixtures which may cause or allow backflow of water or other substances into the water supply system of the city and/or the service of water pipes or fixtures of any customer of the city.

(3) No water service connection to any premises of a type specified in subsection (i) shall be installed or maintained unless the public water supply is protected as required by applicable state regulations and this section.

(c) Approval.

(1) Each backflow preventer required hereunder shall be approved by the agency prior to installation and shall be installed by and at the expense of the customer for continued service or before a new service will be granted.

(2) The agency shall approve a device when the device has received approval by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (or other qualified organization as designated by the agency), and will provide desired service and reliability. The agency shall provide, upon request, to any affected customer, a list of approved devices.

(d) Installation.

(1) Devices shall be installed as close as practical to the customer's service connection and shall be installed above grade in an accessible location approved by the agency.

(2) Devices shall have at least the same cross-sectional area as the water meter. In those instances where it is determined that a continuous water supply is necessary, two (2) sets of devices shall be installed in parallel. Where parallel devices are required, the sum of the cross-sectional areas of the devices shall be at least equivalent to the cross-sectional area of the meter.

(e) Maintenance, testing, and records.

(1) The customer shall test and service such devices at least once a year and immediately after installation, relocation, or repair. A report, in a form acceptable to the agency, which sets forth the results of such test(s) shall be filed immediately with the agency. The agency may require a more frequent testing schedule if it is determined to be necessary and all costs shall be borne by the customer.

(2) Devices shall be serviced, overhauled or replaced whenever they are found to be defective. All costs of such service, overhaul or replacement, including testing, repair, and maintenance shall be borne by the customer. The agency may require device information, such as location and pictures, to be submitted with the test forms.

(3) The agency will supply affected customers with a list of persons acceptable to the agency to test devices.

(4) The agency will notify affected customers when annual testing of a device is needed. Failure to notify shall not relieve the customer of the obligation to test and service its devices.

(5) Upon the issuance of a third and final notice to test a device, the agency may impose a backflow preventer third-and-final-notice generation fee in an amount established by resolution of the city council.

(6) The city reserves the right to hire a private tester to test the device and bill the customer for the cost of the test plus a backflow device testing administrative fee as set by resolution of the city council, which shall be the responsibility of the applicant, if a device has not been maintained and tested within six (6) months, or one hundred eighty (180) days, from the date when the first notice regarding testing was mailed. Reasonable efforts to notify the customer of the impending testing will be made.

(f) Backflow prevention device removal.

(1) Notification and approval. The agency must be notified and approval must be obtained from the agency before a device is removed.

(2) Removal in general. The use of a device may be discontinued and the device removed from service upon presentation of sufficient evidence to the agency to verify that a hazard no longer exists or is not likely to be created in the future.

(3) Removal for relocation. A device may be relocated following confirmation by the agency that the relocation will continue to provide the required protection to satisfy installation requirements. A retest will be required, prior to return to service, following the relocation of the device.

(4) Temporary removal for repair. A device may be removed for repair or service, provided water use is either discontinued until repair is completed and the device is returned to service, or the service connection is equipped with backflow protection approved by the agency. A retest will be required, prior to return to service, following the repair or service of the device.

(5) Temporary removal for replacement. A device may be removed and replaced, provided water use is discontinued until the replacement device is installed. All replacement devices must be approved by the agency prior to being put into service and must be commensurate with the degree of hazard involved. A retest will be required, prior to return to service, following the replacement of the device.

(g) Water system survey.

(1) Plans and specifications must be submitted to the agency upon request for review of possible cross-connection hazards for new or existing service connections. If it is determined that a device is necessary to protect the public water system, the required device must be installed before service will be provided or continued.

(2) The agency may conduct an on-premises inspection or reinspection to evaluate cross-connection hazards. Any customer which cannot or will not allow an on-premises inspection of their piping system shall be required to install the device the agency considers necessary.

(h) User supervisor. At each premises where it is necessary in the opinion of the agency, a user supervisor shall be designated by and at the expense of the customer. This user supervisor shall be responsible for the monitoring of the devices and for avoidance of cross-connections. In the event of contamination or pollution of the drinking water system due to a cross-connection on the premises, the agency shall be promptly notified by the user supervisor so that appropriate measures may be taken to overcome the contamination. The customer shall inform the agency of the user supervisor's identity on, as a minimum, an annual basis and whenever a change occurs.

(i) Type of protection required.

(1) The type of protection that shall be provided to prevent backflow into the approved water supply shall be commensurate with the degree of hazard that exists on the customer's premises. The type of device shall be one (1) of the following:

(A) Approved air gap separation (hereinafter "AG");

(B) Approved double check valve assembly (hereinafter "DC"); or

(C) Approved reduced pressure principle assembly (hereinafter "RP").

(2) The customer may choose a higher level of protection than required by the agency. The minimum types of backflow protection required to protect the approved water supply at the customer's water connection to premises, with varying degrees of hazard, are provided in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis, and the appropriate backflow protection shall be determined by the agency.

(3) In those instances where conditions warrant, the agency may modify the minimum installation herein indicated as appropriate to provide a degree of protection commensurate with the degree of hazard.

TABLE 1. TYPE OF BACKFLOW PROTECTION REQUIRED

(j) Discontinuance of water service.

(1) Service of water to any premises may be discontinued by the agency, after notice, if a device is not installed, tested, and maintained as required by this section, or if any defect is found in an installed device, or it is found that a device has been removed or bypassed, or if unprotected cross-connections exist on the premises, or if the agency determines a hazard or potential hazard exists. Service will not be restored until such conditions or defects are corrected.

(2) When the agency encounters water uses that represent a clear and immediate hazard to the potable water supply, the agency shall institute the procedure for discontinuing the city water service.

(3) Conditions or water uses that create a basis for refusal to provide or termination of water service shall include, but are not limited to, any of the following items:

(A) Refusal to install a required device.

(B) Refusal to test a device.

(C) Refusal to repair a faulty device.

(D) Refusal to replace a faulty device.

(E) Direct or indirect connection between the public water system and a sewer line.

(F) Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.

(G) Unprotected direct or indirect connection between the public water system and an auxiliary water system.

(H) A situation which presents an immediate health hazard to the public water system.

(4) Water service termination procedures shall include the following items:

(A) For conditions (3)(A), (3)(B), (3)(C) or (3)(D) of subsection (j) above, the agency will terminate service to a customer's premises after written notice has been sent, specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated.

(B) For conditions (3)(E), (3)(F), (3)(G) or (3)(H) of subsection (j) above, the agency will take the following steps:

(i) Make a reasonable effort to advise customer of intent to terminate water service.

(ii) Terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the agency.

(k) Information requests. Upon request, the agency will provide interested parties with copies of section 39-29, rules and regulations for the testing and maintenance of devices, and such other advice, information, illustrative sketches, drawings and data as may be necessary to familiarize the customers, engineers, architects and others with agency requirements.

(Ord. No. NS-2921, 5, 8-1-17)

Before the issuance of any permit or variance or the signing of any tract map, parcel map, lot split, or improvement plans, a certification must be obtained from the agency stating that the water system supplying the property meets the requirements for the last rate classification of the city by the American Insurance Association in supply, distribution facilities and fire hydrants, or that the property is or will be served by the city.

(Ord. No. NS-2921, 5, 8-1-17)

No person shall construct or maintain a greywater system, as defined by the Water Code of the State of California. In order to avoid the potential health hazard presented by a greywater system, the public works agency may discontinue water service to any premises on which a greywater system has been installed until such system is removed.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The city has agreed to buy recycled water from the Orange County Water District (OCWD) and to resell such recycled water, as contractor for OCWD, to water users located within the jurisdictional and service boundaries of the city.

(b) Any city obligation to deliver recycled water is conditioned upon OCWD's completing and making operational the recycled water treatment and distribution system known as the Green Acres Project, including the distribution pipeline system necessary to provide recycled water to users; upon OCWD's making recycled water available for sale to users; and upon issuance of all necessary permits, certificates, and approvals by all federal, state and local regulatory agencies having jurisdiction over the construction and operation of water recycling facilities and over the production, distribution, sale and use of recycled water. Any obligation is further conditioned upon OCWD being able to acquire acceptable right-of-way access from the Green Acres Project facilities to the users' property for distribution pipeline purposes, and upon approval of all federal, state, and local agencies having regulatory jurisdiction or grant-funding responsibilities with regard to the Green Acres Project facilities.

(c) The city shall have no obligation to supply recycled water beyond that usable by the user on the property set forth in any recycled water user agreement. Recycled water furnished by the city shall be provided solely for the user's use, and the user shall not resell any such recycled water.

(Ord. No. NS-2921, 5, 8-1-17)

Subject to compliance by OCWD, all recycled water delivered to users from Green Acres Project facilities shall conform to the current and future requirements established by the California Regional Water Quality Control Board-Santa Ana Region, state and local health departments, and federal, state and county agencies having jurisdiction to establish minimum standards for the quality of recycled water. Recycled water shall be delivered on a continuous basis at the minimum and maximum pressures set forth in the user's recycled water user agreement.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The city shall own, operate, and maintain the control valves located on each side of the meter and the metering device installed on the service line to the user's property. At locations where recycled water is used exclusively, the city may convert existing service connections (including control valves and meters) from potable to recycled water system connections. The user will own and maintain all facilities on the user's side of the customer control valve. The user shall be held responsible and charged for all water passing through meters at its property.

(b) The city reserves the right to determine the size of the recycled water pipeline, the type of pipe, the service connection required, and any and all other appurtenances related to recycled water usage which are located on the property location to which recycled water will be delivered.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The city will supply recycled water to the user, and the user shall purchase recycled water for the location(s) and purposes and in the estimated amounts set forth in its recycled water user agreement.

(b) The user shall commence taking deliveries of recycled water after receiving written notice of availability from the city. To the extent that the user's then-current use of its property necessitates the use of recycled water, the user will continue to purchase recycled water from the city. In the event that the current use of the property is discontinued or is modified, recycled water service may be terminated by mutual agreement in writing by the city and the user.

(c) The city reserves the right to control and schedule the use, distribution, and delivery of recycled water if, in its reasonable discretion, control and scheduling are necessary to maintain the recycled water distribution system in acceptable working condition. Scheduling may include, but is not limited to, varying rates of pressure and programming deliveries to the user and/or to portions of the user's property.

(d) If at any time during the construction or operation of the Green Acres Project facilities, real or potential hazards, or evidence of a hazard, are found to exist, the city reserves the right and has the authority to terminate recycled water service to the user's property in the interest of protecting the public health. Service shall be reinstated upon abatement of the hazard. If service is terminated pursuant to this section, the city may supply the user with water from its potable water sources or an alternative recycled water system at the then-current recycled water rate for up to thirty (30) days; after thirty (30) days and until such time as the delivery of recycled water is reinstated, the user shall pay the potable water rate if potable water is supplied or the recycled water rate if an alternative source of recycled water is used.

(e) In the event the lack of delivery of recycled water is the result of an operational fault of the city, the rate for the water delivered through the system will be equal to the then-current rate for recycled water for a period of up to thirty (30) days; thereafter, the user shall pay the regular potable rate. If the inability to deliver is beyond the control of the city, the city shall charge and the user shall pay the regular potable rate.

(f) In the event that OCWD ceases the production and distribution of recycled water or in the event that the treatment criteria imposed by any regulatory authority exceed or differ significantly from those existing as of the date of the execution of the recycled water user agreement and application for water service, the city shall supply potable water at the then-established potable water price. The city shall incur no liability to the user by reason of the temporary cessation of delivery of recycled water or by reason of the termination of such delivery.

(Ord. No. NS-2921, 5, 8-1-17)

The price to be paid by the user for all recycled water delivered by the city shall be established by resolution of the city council, subject to the provision of the user's recycled water user agreement.

(Ord. No. NS-2921, 5, 8-1-17)

Recycled water accounts shall be subject to section 39-20.

(Ord. No. NS-2921, 5, 8-1-17)

Recycled water delivered from OCWD's Green Acres Project facilities has restricted uses. The user shall use recycled water only upon the property of the user and only for those uses and purposes provided for in the recycled water user agreement and which are legally permissible under the laws of the state, as well as the rules and regulations adopted by the city, by OCWD and by all regulatory agencies having jurisdiction, including but not limited to the California Regional Water Quality Control Board-Santa Ana Region, and by state and local health departments.

(Ord. No. NS-2921, 5, 8-1-17)

The user shall comply with all rules and regulations, including the "Green Acres Project, Project Rules and Regulations for the Use of Recycled Water," promulgated now and in the future by OCWD, the city, the State of California or the federal government relating to the sale, distribution, transportation, and use of recycled water.

(Ord. No. NS-2921, 5, 8-1-17)

(a) The city's responsibility for the recycled water delivered to the user ends at the user's side of the meter or, in the case of an unmetered or other special installation, where the city's facilities terminate. Operation, management, maintenance, and monitoring with respect to the storage, distribution, and other facilities under the control of the user shall be the responsibility of the user.

(b) The user shall allow the city and/or OCWD's representatives to enter the user's premises for monitoring, inspecting, sampling, analysis, and observation of the user's recycled water facilities at all reasonable times. The user, its personnel, representatives, and agents shall cooperate with the city and/or OCWD in such activities and assist in the performance of operational tests as required. If a determination is made that the user's facilities are not in compliance with city and/or OCWD requirements, the user shall promptly initiate and diligently pursue to completion action that will correct the conditions causing the noncompliance. If the user shall fail to comply with its obligations specified herein, the city may, at the user's expense, make such repairs, improvements, changes, or undertake such other activities as are necessary to comply with the user's obligations. Such expense shall be payable to the city by the user upon demand, or the city may discontinue recycled water service until such time as the user makes appropriate repairs and the city inspects the user's system to assure conformance with applicable rules and regulations.

(Ord. No. NS-2921, 5, 8-1-17)

Recycled water accounts and service shall be subject to and shall comply with all the provisions of this chapter, except as specified in sections 39-32 through 39-40. In the event of conflict between sections 39-32 through 39-40 and the other portions of this chapter, the provisions of sections 39-32 through 39-40 shall control.

(Ord. No. NS-2921, 5, 8-1-17)

Before any recycled water service is provided, the user shall sign a recycled water user agreement with the director of public works, who is hereby designated as the agent of the city to enter into such agreements, in addition to filing or obtaining any applications or permits required by this chapter.

(Ord. No. NS-2921, 5, 8-1-17)