Sierra Madre Municipal Code Ch. 13.04 Water System

The water department shall have charge of the operation, maintenance, and repair to the water system of the city, subject to the control of the city council.

(Prior code § 6500)

The director of public works shall be the water superintendent and shall perform the duties assigned to the water superintendent herein.

(Prior code § 6501)

The duties of the superintendent shall be to conduct the water department under the direction of the city manager and subject to the control of the city council and to enforce the provisions of this chapter, and generally to do and perform such duties as the city council shall by ordinance, resolution or otherwise direct.

(Ord. 1185 § 2(part), 2000: Prior code § 6502)

The city council may, from time to time, by resolution, adopt rules and regulations for the operation and maintenance of the water department and for furnishing water to users, and may likewise by resolution modify the rates, charges, and penalties herein established and imposed.

(Prior code § 6503)

All water furnished within the city limits shall be delivered through meters. All meters shall be read on a bimonthly basis. The city council may establish by resolution the other times at which meters shall be read. The finance department shall cause to be prepared water bills from these readings and deposit such bills in the mail according to its established billing cycle.

(Prior code § 6504)

The city council shall adopt a schedule of water rates pursuant to Article XIIID, Section 6 of the California Constitution.

(Ord. 1120 § 1, 1995: Ord. 1085 § 6, 1992: Ord. 967 § 1, 1979; Ord. 946 § 1, 1976; Ord. 943 § 1, 1976: Ord. 942 § 1, 1976: prior code § 6505)

(Ord. No. 1312, § 1, 1-11-11)

No person shall be entitled to have a water connection or to be served water until the owner of the premises to be served, or a tenant authorized in writing by the owner, shall make an application for such connection on a form provided by the water department. If the owner authorizes that water service be billed to a tenant, the owner shall remain jointly and severally liable for all water charges incurred.

(Ord. 1120 § 2, 1995: Ord. 946 § 2, 1976; prior code § 6507)

A. Upon approval of application for such connection, order for service may be issued subject to payment of the service connection fees to cover the expense of making such connections, which fees are set by city council resolution. Any meter larger than one and one-half inches in size shall be: (1) a compound meter only; (2) attached only to equal or larger sized service leads; (3) shall be installed only upon payment by the applicant of the actual costs of the meter, the materials and the labor involved in the installation thereof. A minimum fee as established by resolution shall be paid at time of application; and the actual cost balance shall be paid within ten days after completion of such installation.

B. The above cover the cost of installing the necessary service equipment to within the property line of the property, including the cost of installing the water meter, meter box and lid. In addition to the above, on all new installations, shut-off valves, valve boxes and lids shall be provided by the water department. Suitable backflow protection shall also be provided by the department when it deems this necessary. All such pipe, meters, boxes, and lids, shut-off valves and backflow protection devices shall remain the property of the city.

C. The connection charges above provided for shall only be construed to pay for running and connecting pipe from the water main to within the property line of the property to be serviced, but in no event for a distance of more than forty feet, and any connecting pipe necessary to be laid a longer distance shall be paid for by the applicant at the rate of the actual cost of making such connections, and all such charges shall be paid in advance before such connection is made.

D. Should a consumer desire to have his/her water service or meter moved to a new location, approval of the water department must first be obtained and the cost of such removal shall be charged the consumer on the basis of the amount of time and material involved. A minimum fee as established by resolution shall be paid at time of application, with the balance due within ten days after the completion of the meter move.

E. Where there is an existing service line which can accommodate a larger meter and a request is received from the property owner for an increased size, said meter can be installed for the difference in costs as set by resolution.

F. The charges for installation or repair of a main or extension of an existing main or any of the publicly-owned facilities in connection with the water distribution system, shall be the actual costs of labor, materials and equipment as established by resolution.

(Ord. 1120 § 3, 1995: Ord. 1085 § 8, 1992: prior code § 6508)

The water department shall have the right in its discretion to require a deposit in advance as a condition to furnishing water service.

(Prior code § 6509)

All meters shall be read by the water department as provided in Section 13.04.050 and all bills for water or other service, including any unpaid penalties placed on such bills pursuant to Section 13.24.140, shall be due and payable at the city hall upon presentation. All bills remaining unpaid thirty days after the billing date, as printed on the bill, shall thereupon become delinquent and there shall be added to such delinquent bill an additional charge as set by resolution, which shall thereafter be paid and collected as part of said bill. Where bills become so delinquent, the water service to such delinquent user may be restricted at any time after appropriate twenty-four-hour notice and/or restriction of water service. It shall be unlawful for any consumer pursuant to Section 13.04.270 to adjust or alter any reduction or service as a result of this chapter.

(Ord. 1120 § 4, 1995: Ord. 1087 § 9, 1992: Ord. 1000 § 1, 1983: Ord. 938 § 1, 1976: prior code § 6510)

(Ord. No. 1370U, § 1, 11-24-15)

When a meter fails to register or registers inaccurately, the charge for the period in question shall be based upon an estimate made by the water superintendent of the amount of water used through such service.

(Prior code § 6511)

A. The water rates, charges and penalties herein made, including penalties assessed for a violation of Chapter 13.24, shall be charged against property upon which such water or service is furnished and against the owner thereof; if for any cause any of such sums owing become delinquent and unpaid, or if any of the other terms of this chapter of the rules and regulations established as a condition to the use of water are not complied with, the water may be restricted; and provided there has been no bona fide change in ownership, the water shall not be turned on to the same property until all of such charges, delinquencies and penalties have been paid in full, including the additional sum of the amount fixed in subsection E. of this section for the expense of turning water off and on.

B. Upon the written request of the owner of any premises upon which such water or service is furnished, the water superintendent may, in his/her discretion, shut off the water for a period not exceeding three months, provided no delinquency exists in the payment of charges and penalties for water service, upon the payment of the sum of the amount fixed in subsection E. of this section as and for the expense of turning water off and on.

C. If no application is made to restore such water service before the end of a three-month period, the water superintendent may remove the meter installed for such premises and the water department shall charge and collect for reinstalling a meter for such premises the charges specified in Section 13.04.150.

D. After the current month subsequent to the last meter reading by the water department following the receipt of the water department of the aforesaid written request, no further monthly minimum charge shall be made against such premises until water service has been restored.

E. The amount fixed for water turn-off and turn-on charges is established by city council resolution.

(Ord. 1089 § 4, 1992; Ord. 1085 § 4, 1992; Ord. 938 § 2, 1976; prior code § 6512)

(Ord. No. 1370U, § 2, 11-24-15)

A. The water superintendent may permit more than one place of business within the city limits using small quantities of water mainly for lavatory and drinking purposes to be served through the same meter when in his/her opinion special conditions justify such service, and in all such cases a minimum established meter rate shall be charged for each separate place of business so served of not less than the established minimum rate.

B. If any meter readings for such places of business show any excess over the amount of accumulated minimums a prorate charge shall be made of such excess to each place of business served through such meter.

(Prior code § 6513)

A. The water superintendent may permit more than one consumer within the city limits to be served through the same meter when, in his/her opinion, special conditions justify such service, and in all such cases, the minimum established meter rate shall be charged for each separate dwelling, house, tenement, or premises so served.

B. The water superintendent may, in such cases, require a written guarantee for the payment of all water so furnished from a responsible property owner in the city.

C. The water superintendent may, in his/her discretion, order the joint service provided for in this section and in Section 13.04.130 discontinued at any time.

(Prior code § 6514)

A. No allowance or rebate shall be made from the regular rates herein specified whether water has been actually used or not, unless the water department has been notified in writing for such premises, and thereupon, after the expiration of the current billing period subsequent to the last meter reading by the water department of such meter, no further minimum charge shall be made against such premises; and the water department shall charge and collect for reinstalling a meter for such premises upon receiving written application of the owner therefor, a fee as set by resolution.

B. Where more than one consumer is being served through the same meter and it is not practicable to shut off the water at the meter on account of such joint service, then the water department must be notified in advance in writing when any particular use through such meter is to cease, and also in like manner when such use is to be resumed, and if such notice is not so given, full minimum rates shall be charged and the water superintendent may for failure to give any such notice discontinue such joint service.

(Ord. 1120 § 5, 1995: prior code § 6515)

All water meters shall be furnished by the water department and shall remain the property of the city, and shall be maintained, repaired, and renewed when unserviceable through fair wear and tear thereof; provided that whenever replacements, repairs, or adjustments of any meter, box, lid, stock cock, gate valve, backflow device or connections are rendered necessary by any act, negligence or carelessness of the consumer or anyone in privity with him, any expense thereby caused to the department shall be charged against such meter service and collected from the consumer plus a charge of twenty-five percent of such amount for supervision of necessary replacements, repairs or adjustments, in the same manner as provided in this chapter for the collection of service connection charges.

(Prior code § 6516)

The installation of all new water mains, valves and fire hydrants which will ultimately become part of the regular water system shall require prior approval of the city engineer and the water superintendent. Service lines may be installed by the water department in conjunction therewith.

(Prior code § 6517)

Upon demand in writing and the payment of a fee as set by resolution the consumer, may have his/her meter examined and tested by the water department for the purpose of ascertaining whether or not it is registering correctly. If the meter shall be found to register three percent more water than actually passes through it, another meter shall be substituted therefor and the fee shall be refunded and the water bill for the current period adjusted in such an amount as the water superintendent shall deem fair and just; otherwise the deposit shall be retained by the city to pay the expense of such examination and test.

(Ord. 1120 § 6, 1995: prior code § 6518)

Distribution and time of allotment of water for irrigation purposes or purposes other than domestic use shall be under the control of the water superintendent.

(Prior code § 6519)

Whenever there is available a surplus gravity flow of water, the city council may dispose of the same on special terms for a limited period and for temporary use subject to all the existing obligations of the city to furnish water for domestic use and for irrigation purposes.

(Prior code § 6520)

There shall be no liability on the part of the city for damage, loss, or inconvenience resulting from sand, gravel, rust, sediment, foreign matter, air, excessive pressure or hydraulic water hammer in the water system.

(Prior code § 6523)

In the event of a division or subdivision of property, any existing service shall be deemed to serve that part of the property so divided on which such service is then located.

(Prior code § 6524)

Should the occupant of any premises or any person for him/her or on his/her behalf turn on water after it has been turned off by the water department, the meter will be removed and a fee as set by resolution shall be made in addition to the amount of all bills then due, before water shall be again turned on.

(Ord. 1120 § 7, 1995: prior code § 6525)

It is unlawful for any person, firm or corporation to willfully or negligently waste water of the city water system.

(Prior code § 6526)

It is unlawful for any person to draw water from any city pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

(Prior code § 6527)

It is unlawful for any consumer without the written consent of the water superintendent to supply water to any person, firm, or corporation other than the occupant or occupants of the premises of such consumer, or to permit any unauthorized use of water through any meter installed for the use of such consumer.

(Prior code § 6528)

It is unlawful for any person to open any city fire hydrant, stock cock, or gate valve, or to meddle with any street service, water connection or backflow device, or any water meter or a water meter box attached to any pipe connected with the water main or water pipes of the city, or to turn on or off water in any water main or water pipes, or to tap, break or injure any fire hydrant, water main or water pipes, water meter, meter box or meter box lid, or any reservoir belonging to the city, or to tap any water service pipe between the point of connection with the water main and the meter placed on such pipe line, or to take or draw water from any main, pipe or hydrant of the city in any manner not authorized by this chapter.

(Prior code § 6529)

In any case of emergency the water department shall have the power to turn off water from mains and pipes of the system, without notice, in all other cases the superintendent shall give reasonable notice of such turning off to consumers likely to be affected.

(Prior code § 6530)

A. Fire hydrants shall be placed by the water department and shall be maintained, served with water and repaired as necessary.

B. It is unlawful for any person to use fire hydrants for any purpose other than extinguishing fires without a written permit from the water superintendent, to be issued in his/her discretion in proper cases.

(Ord. 1120 § 8, 1995: prior code § 6531)

All water outlets and all continuous streams of water in use must be shut off promptly upon an alarm of fire or general emergency being given, and shall not be turned on again until the fire occasioning such alarm shall be extinguished or the cause of such general emergency shall be eliminated.

(Prior code § 6532)