Chapter 3 — WATER CODE

Cost. The cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

Cross Connection. Any physical connection between the piping system from the city service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the city distribution main.

Distribution Mains. Water lines (pipelines) in streets, highways, alleys and easements used for public and private fire protection for the general transmission and distribution of water.

Fire Protection Service, Private. Water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.

Fire Protection Service, Public. The service and facilities of the entire water supply, storage and distribution system of the city, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

Owner. The person owning fee title or the person in whose name the legal title to the property appears by deed duly recorded in the county recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the property for him or herself or as executor, administrator, guardian or trustee for another.

Premises. A lot or parcel of real property under one ownership, except that any separate structure under one roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

Service or Service Connection. The pipeline and appurtenant facilities such as the curb stop valve, meter and meter box, if any, used to extend water service from a distribution main to premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

Water Service, Regular. Water service and facilities rendered for normal domestic, commercial, industrial and irrigation purposes on a permanent basis, and the water available therefor.

Water Service, Temporary. Water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor. (Ord. 16-318, 2016)

• A. Furnished by City. The city will furnish a system, plant, works and undertaking used for and useful in obtaining, supplying, conserving and distributing water for public and private uses, including all parts of said system, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises and other water supply, storage, transmission and distribution facilities and equipment.

• B. Pressure Conditions. All applications for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the city harmless with respect to any damages arising out of low pressure or high pressure conditions, pressure surges, or outages and interruptions in service.

• C. Silt and Sand Conditions. To maintain proper functioning and operation of the water system, distribution mains must from time to time be flushed to remove sand and silt that may accumulate in the distribution mains from the city's water supply sources such as wells. All applications for service connections or water service shall be required to accept such conditions of silt and sand that may from time to time enter the customer's private plumbing.

• D. Unusual Quantities. When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the city prior to taking such water.

• (Ord. 16-318, 2016)

• A. Customer's Responsibility.

  1. The customer shall, at his or her own risk and expense, furnish, install and keep in good and safe condition all plumbing and equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such plumbing and equipment, or the

negligence or wrongful act of the customer or of any of his or her tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, operating or interfering with such plumbing and equipment.

2. The city shall not be responsible for damage to property caused by faucets, valves and other equipment that are open when water is turned on at the meter, either originally or when turned on after a temporary shutdown.

• B. Tampering With City Property. No one except an employee or representative of the city shall at any time in any manner operate the curb stop valves, main cocks, gate valves or system valves of the city water system, or interfere with meters or their connections, street/distribution mains or other parts of the water system.

• (Ord. 16-318, 2016)

• A. Notices to Customers. Notices from the city to a customer will normally be given in writing, and either delivered or mailed to them at their last known address. Where conditions warrant, and in emergencies, the city may resort to notification either by telephone or messenger.

• B. Notices from Customers. Notices from the customers to the city may be given by them or their authorized representative in writing: (1) at the principal offices of the city; (2) to the city inspector; or (3) to an officer or agent duly authorized by the city council to receive notices.

• (Ord. 16-318, 2016)

• A. Discontinue Service—Renewal Fee. In addition to all other penalties and remedies provided by law, in the event of the failure of a customer to comply with all or any part of this chapter, and any provision fixing rates and charges relating to water service, such service shall be discontinued and water shall not be supplied to such customer until they shall have complied with the provision which they have violated and paid any reconnection fee established by resolution or ordinance of the city council.

• B. Rulings Final. All rulings of the city council shall be final. All rulings of the city inspector shall be final unless appealed in writing to the city council within five days. When appealed, the city council's ruling shall be final.

• C. Relief.

  1. On Application. When any person, by reason of special circumstances, is of the opinion that any provision of this chapter is unjust or inequitable as applied to their premises, they may make written application to the city council stating the special circumstances, citing the provision complained of and requesting suspension or modification of that provision as applied to their premises. If such application be approved, the city council may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application and continuing during the period of the special circumstances.

  2. On Own Motion. The city council may, on its own motion, find that by reason of special circumstances any provision of this title should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances, or any part thereof.

• (Ord. 16-318, 2016)

Article A1. Installations and Connections

§ 9-3A1-1. Application for water services.

• A. Applications for regular water services shall be made in such form as prescribed by the city. An application must be on file prior to water service being turned on and will signify the customer's willingness and intention to comply with the provisions of this code relating to regular water service, and to make payment for water service required.

• B. All accounts for city water services shall be established by, and held in the name of, the owner of the property to which the city provides water services for such account. The owner of a property receiving city water services shall be fully responsible and liable for the payment of all water service charges, any delinquent water service charges, and any penalties applicable to his or her property.

  1. At the time application for water service is requested, and upon request by the city, the applicant shall provide proof of ownership of the property to be served.

2. The owner of a property receiving city water services may designate, upon such form as may be specified by the city, any other person or entity, including a tenant on the property, to receive the bill for such water services, however, the account shall remain in the name of the owner of the property, and in the event the person designated by the owner to receive the bill fails to pay the bill, the owner of the property shall be fully responsible and liable for the payment of any charges, fines, penalties or amounts incurred under such account as if the bill had been sent to the owner of the property.

• C. No application will be accepted unless payment in full has been made for water service previously rendered to the applicant by the city. Water will not be turned on if outstanding charges remain for water service previously rendered to the applicant by the city.

• D. Subsection B shall apply to all applications for water service submitted to the city after the effective date of the ordinance revising this section to require accounts to be established solely in the name of the owner and shall not be retroactive.

• (Ord. 16-318, 2016; Ord. No. 24-0375, 6/10/2024)

§ 9-3A1-2. Installation of services.

Regular water service will be installed at the location and of the size desired by the applicant. A minimum water service size of one inch diameter shall be required on any service connection. Larger water service lines shall be installed where determined necessary and/or appropriate by the city of Solvang. Service installations will be made only to property abutting on public streets or abutting on such distribution mains as may be constructed in alleys or easements. Services installed in new subdivisions prior to the construction of streets or in advance of street improvement must be accepted by the applicant in the installed location. (Ord. 16-318, 2016)

§ 9-3A1-3. Changes in customer's equipment.

Customers making any material change in the size, character or extent of the equipment or operations utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the city written notice of the nature of the change and, if necessary, amend their application to conform thereto and pay additional connection fees as determined by the city.

(Ord. 16-318, 2016)

§ 9-3A1-4. Water system capital facilities charges.

In addition to all other charges imposed by the city, there shall be imposed and collected a water system capital facilities charge for each new connection made to the city water system. The amount of the charge shall be determined by resolution of the city council. The payment of the capital facilities charge provided for in this section shall be a condition precedent to connection to the city water system.

(Ord. 16-318, 2016)

§ 9-3A1-5. Special connection fees.

In addition to all other charges established by this code, there shall be collected, prior to connection to the water system of the city, special connection charges for any real property that can be served by an existing water main, existing house service or water facilities of the city constructed by and at the expense of the city for which said real property did not pay its proportionate cost of installation.

Said special connection charge shall be collected in a sum to be computed by the city as said real property's share of the cost of installation. Said sum to be fixed by the city shall be fixed on the basis of the actual cost of the installation of said facilities, including all expenses incidental thereto and all engineering, legal, inspection, administration and other charges, and estimating the number of acres in the area to be served by said installation in order that a pro rata share of said cost may be fixed for each acre, or portion thereof, within said area. (Ord. 16-318, 2016)

§ 9-3A1-6. Water main extensions.

• A. Main Extensions. The following rules are hereby established:

  1. Determination. Upon receipt of any application for water service or request for an application form, the city inspector shall determine whether in their judgment a main extension is necessary to provide service. A main extension shall be installed in the manner provided in this chapter whenever, in the judgment of the city inspector and the city council, such main extension is necessary to provide regular water service to property described in such application or request.

  2. Application. Any owner of one or more lots or parcels or subdivider of a tract of land where, in the opinion of the city inspector, one or more main extensions are required, desiring regular water service to serve such property, shall make a written application therefor to the city, said application to contain the legal description of the property to be served and tract number thereof, any additional information which may be required by the city and be accompanied by a map showing the location of the proposed connections.

  3. Investigation. Upon receipt of the application, the city inspector shall make an investigation of the proposed extension and submit his or her opinion and the estimated cost thereof to the city council.

  4. Ruling. The city council shall thereupon consider such application and report and, after such consideration, reject, amend or approve the application.

  5. City Lines. All extensions thus provided for, in accordance with this code, shall be and remain the property of the city.

  6. Dead End Lines. No dead end lines shall be permitted, except as approved by the city inspector.

7. Extent and Design. All main extensions shall extend to the far property line of developed property. If additional property is developed on the same lot after installation of a main extension, the main extension shall be extended to the far property line of the additionally developed property. All main extensions shall be subject to design approval by the city inspector and the city council. In no case shall a distribution main diameter be less than eight inches unless serving a cul-de-sac of less than 150 feet in length, in which case the distribution main diameter shall not be less than six inches.

• B. Approval. The applicant will provide all main extensions upon approval of application for services by the city council.

• C. Determination. If the application for service is approved, the city council shall determine the cost to the city of such extension including all engineering, inspection and other expenses attributable to the line.

• D. Advance Cost. When the city council so determines, the applicant shall advance the amount of such estimate, and the line shall thereupon be installed by the applicant. If the amount of the advance deposit exceeds the actual cost of engineering, legal, inspection and other charges attributable to the extension, the balance shall be refunded to the property owner. If the amount of the deposit is insufficient to pay all costs of engineering, legal, inspection and other charges attributable to the extension, the property owner shall pay all such costs to the city prior to the acceptance of the extension by the city.

• E. Service Connections. Service connections will be installed in accordance with applicable provisions of section 9-3A1-2 of this article.

• (Ord. 16-318, 2016)

§ 9-3A1-7. Water supply in subdivisions.

• A. Application. A person desiring to provide a water system within a tract of land which he or she proposes to subdivide, shall make written application therefor. The application shall state the number of the tract, the name of the subdivision and its location. It shall be accompanied by a copy of the tentative map, and of the plans, profiles and specifications for the street work and sanitary and storm sewer work therein.

• B. Investigation. Upon receiving the application, the city inspector shall make an investigation and survey of the proposed subdivision and shall report his or her findings to the city council, including a recommendation as to the facilities required and the estimated cost of the proposed water system therefor. To assist the city inspector in making said investigation and report, the city council may engage the services of a consulting engineer. The size, type and quality of materials shall be in accordance with the city's water distribution system standards and specifications in effect at the time of application.

• C. Specifications and Construction. Location of the lines shall be specified by the city and the actual construction will be done at the expense of and by the subdivider and supervised and inspected by the city inspector. Plans and engineering costs will be the responsibility of the property owner. Fire hydrants shall be located at locations designated by the city along the distribution main.

• D. Property of City. All facilities shall be the property of the city and shall be conveyed to the city by a property instrument in writing at the time the facilities are completed and accepted by the city.

• E. Service Connections. The subdivider shall, at his or her cost, provide and install the service connection to each house or proposed house in the tract, including the pipeline, curb stop valve

and meter box, but not including the meter. No deposit will be required.

• F. Costs and Expenses. All costs and expenses incurred by the city under this chapter, including the cost of investigation, inspection, legal and consulting engineer's services, shall be paid to the city by the subdivider prior to final approval and acceptance of the facilities by the city.

• G. Further Requirements. In granting an application, the city council may make whatever further requirements as may appear to it to be necessary.

• (Ord. 16-318, 2016)

Article B. Water Use Regulations

• A. Number of Services Per Premises. The applicant may apply for as many services as may be reasonably required for his or her premises provided that the pipeline system from each service be independent of the others and that they not be interconnected. The cost of all services shall be borne by the applicant.

• B. Supply to Separate Structures. Each structure which fronts on a public street or private road shall have a separate service connection or manifolded service connection, and separate meter. Notwithstanding anything to the contrary contained in this section and for purposes of this section, each individual condominium unit in a residential, commercial or industrial condominium development shall be deemed to be a separate structure requiring a separate service connection and separate meter.

  1. Notwithstanding any provision of this section to the contrary, and subject to all other applicable provision of law, common fire protection systems in condominium developments shall be served by a separate service.

  2. Notwithstanding any provision of this section to the contrary, all water furnished for use within the interior portion of commercial or industrial structures shall be metered separately from water furnished for use on the exterior portions of such premises.

  3. Notwithstanding any provision of this section to the contrary, water furnished to any swimming pool located on property devoted to commercial or industrial use shall be deemed to be furnished for interior use if such pool is designed so that water therefrom is wholly or partially drained or discharged into the city sewage system.

The provisions of this section dealing with interior or exterior metering shall apply to all new commercial, industrial or hotel/motel construction. The provisions of this section shall also apply to any commercial or industrial structure in existence on the effective date of this title the interior area of which is increased by 25% or more, and any hotel/motel increasing by 25% or more the number of hotel/motel units.

(Ord. 16-318, 2016)

No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer's premises, seriously affecting the general service, the city may discontinue the service if such conditions are not corrected within five days after giving the customer written notice. (Ord. 16-318, 2016)

• A. Responsibility for Equipment on Customer's Premises. All facilities installed by the city on private property for the purpose of rendering water service shall remain the property of the city and may be maintained, repaired or replaced by the city without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining said facilities on private property. No persons shall place or permit the placement of any object in a manner which will interfere with the free access to a meter box or will interfere with the reading of a meter.

• B. Damage to Water System Facilities. The customer shall be liable for any damage to the city owned customer water service facilities when such damage is from causes originating on the premises by an act of the customer or his or her tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The city shall be reimbursed by the customer for any such damage promptly on presentation of a statement therefor.

• C. Ground Wire Attachments. No one shall attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the city. The city will hold the customer liable for any damage to its property occasioned by such ground wire attachments.

• D. Control Valve on Customer's Premises. The customer shall provide a valve on his or her side of the service installation as close as is practicable to the meter location, street, highway, alley or easement in which the water main serving the customer's property is located, to control the flow of water to the piping on his or her premises. The customer shall not use the service curb stop valve to turn water on and off for his or her convenience.

• (Ord. 16-318, 2016)

The customer shall comply with all regulations governing the separation of dual water systems or installations of backflow prevention devices to protect the public water supply from the danger of cross connections. Backflow prevention devices must be installed as near the meter box and public right-of-way as possible and shall be open to test and inspection by the city. Plans for installation of backflow prevention devices must be approved by the city cross connection inspector prior to installation.

(Ord. 16-318, 2016)

In special circumstances, when the customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the city may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as protection of the backflow preventive devices.

(Ord. 16-318, 2016)

• A. Pressure Regulators. Customers shall accept water pressure furnished by the city and are responsible to control such pressure if considered excessive. The customer shall provide a

pressure regulator at a point prior to piping entering a structure, if deemed necessary to safeguard structure piping and appliances. Pressure regulators are recommended in all instances where pressure exceeds 60 psi.

• B. Pressure Relief Valve. As a protection to the customer's plumbing system, a suitable pressure relief valve must be installed and maintained by the customer, at their expense. When check valves or other protective devices are used, the relief valve shall be installed between the check valves and the water heater.

• (Ord. 16-318, 2016)

• A. Whenever backflow prevention has been found necessary on a water supply line entering a customer's premises, then any and all water supply lines from the city's mains entering such premises, buildings or structures shall be protected by an approved backflow prevention device, regardless of the use of the additional water supply lines. Cost of installation shall be borne by the customer. Backflow prevention devices shall be installed where required by state and federal law, and as determined necessary by the city inspector to protect the public health and safety.

• B. Approved backflow prevention devices must be inspected and tested annually for proper operation and watertightness by a certified technician. The devices shall be serviced, overhauled or replaced whenever they are found defective and all cost of repair and maintenance shall be borne by the customer.

• (Ord. 16-318, 2016)

The service of water to any premises may be immediately discontinued by the city if any defect is found in the backflow prevention device installation, or if it is found that a dangerous unprotected cross connection exists. Service will not be restored until such defects are corrected and the city water system is protected.

(Ord. 16-318, 2016)

The city and its duly authorized representatives shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.

(Ord. 16-318, 2016)

• A. Duration of Service. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the city.

• B. Deposit and Rates. The applicant shall deposit, in advance, an amount determined by resolution of city council for each inch or fraction thereof of temporary service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material, shall be determined and an

adjustment made as an additional charge, refund or credit. The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit.

• C. Installation and Operation. All facilities for temporary service to the customer connection shall be made by the city and shall be operated in accordance with its instructions.

• D. Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to the meter or any other loaned facilities of the city which are involved in furnishing the temporary service from the time of installation until removal by the city. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer.

• E. Temporary Service from Fire Hydrant. If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the city. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.

• F. Unauthorized Use of Hydrant. Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is a misdemeanor punishable by law.

• (Ord. 16-318, 2016; Ord. 23-0373, § 38)