Shasta Lake Municipal Code Ch. 13.06 Water Theft Prohibited

For purposes of this chapter, the following definitions apply:

"Tampering" means without limitation, the following:

1. Opening valves at the curb or meters that have been turned off by city personnel;

2. Breaking, picking, or damaging cut-off locks;

3. Bypassing meters in any manner;

4. Taking unmetered water from hydrants by anyone other than authorized officials of a fire department, fire insurance company or city employee for any purpose other than firefighting, testing or flushing of water mains and fire hydrants;

5. Use of sprinkler system water for any purpose other than fire protection;

6. Removing, disabling, or adjusting meter registers;

7. Connecting to or intentionally damaging water lines, valves, or other appurtenances;

8. Moving meters or extending service without written permission of the city;

9. Any intentional act of defacement, destruction, or vandalism to city property;

10. Any intentional blockage or obstruction of city property.

"Unauthorized use" means the use of water from a stationary service connection where lawful water service has been disconnected or from a public fire hydrant to supply water outside the city's service area, regardless of whether payment is provided to the city for the water drawn from the public fire hydrant, or any use of the hydrant meter in violation of the terms and conditions of the hydrant meter permit.

"Water theft" means the use, diversion, receipt or taking of city water by any means from any public fire hydrant, blow-off valve, water main, water service lateral or other city facility or connection to a city facility, to which a city authorized metering device has not been installed or has been removed by the city;

"Water use" means the diversion, receipt, or taking of city water by any means without paying the full and lawful city fees or charges for such water, or by tampering with city property or facilities, such as by removing a lock or plug that has been placed on a customer's service or meter, or unauthorized use, or by tampering with a service connection or bypassing a meter, or by making an unauthorized connection to any city facilities and any public fire hydrant.

(Ord. No. 22-294, § 2, 10-4-2022)

Water theft and water tampering are prohibited. Each act of water theft or tampering constitutes a misdemeanor under state law and may be prosecuted as set forth in Section 8.18.030.

(Ord. No. 22-294, § 2, 10-4-2022)

In addition to pursuing criminal penalties, the city may, upon discovering water theft or water tampering, also pursue the following remedies available at law or equity including requiring the customer or offender to immediately remove any equipment, connections or tools used to accomplish the water theft or tampering of city property.

(Ord. No. 22-294, § 2, 10-4-2022)

The city may issue an administrative citation for any violation of this code as set forth in Chapter 1.17. By resolution the city council shall establish penalties for water theft and water tampering.

(Ord. No. 22-294, § 2, 10-4-2022)

All remedies provided here shall be cumulative and not exclusive. If a customer or any other person commits water theft, tampering, or unauthorized use, the city may:

1. Turn off the water service and install a lock;

2. Estimate, if necessary, the water taken and charge the customer, offender, or water recipient for the water taken from the city facility, plus any other amount reflective of the city's costs for such estimate and related activities;

3. Charge the customer or offender, or water recipient for the damage to the city lock, meter, or other property;

4. Remove the meter and plug service;

5. Terminate and remove the service from its connection to the water main;

6. Charge a deposit reflective of the city's cost to reestablish service;

7. Require the return of any city hydrant meter;

8. Prohibit any person who has committed three violations of this chapter within a twelve-month period from obtaining a city hydrant meter permit for a period of three years from the date of the third violation.

(Ord. No. 22-294, § 2, 10-4-2022)

The customer or offender shall be charged all costs incurred by the city associated with reporting the violation including, without limitation, labor, materials, and equipment used to report the incident and all costs incurred by the city to replace or repair any city facilities or other items that were tampered with, damaged, or removed for the purpose of receiving water without paying the full lawful charge. These costs are subject to an overhead and administrative charge of fifteen (15%) percent. No further service shall be allowed at the address until all fees and charges are paid in full.

(Ord. No. 22-294, § 2, 10-4-2022)

A. In any action, administrative proceeding or special proceeding commenced by the city to enjoin the violation of any provision of this chapter, including its adopted codes, or to collect a civil debt owing to the city, if the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys' fees and costs of suit. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

B. The city shall be considered a prevailing party entitled to attorneys' fees under subsection A when it can demonstrate that:

1. Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;

2. The lawsuit was meritorious and achieved its result by "threat of victory;" and

3. The city reasonably attempted to settle the litigation before filing the lawsuit.

C. Lien. As set forth in Section 8.18.070, the city may assess a lien against the property of the customer or offender.

Special assessment. As set forth in Section 8.18.080, the city may assess a special assessment.

(Ord. No. 22-294, § 2, 10-4-2022)

A "Notice of Violation" shall be mailed by certified U.S. mail, postage prepaid and return receipt requested or personally delivered to the customer, offender, or water recipient when evidence suggests the possibility of theft or tampering at the customer's property and may include an order to cease and desist the violation.

(Ord. No. 22-294, § 2, 10-4-2022)