Sonoma Municipal Code Ch. 13.04 City Water System

*Prior legislation: Ords. 2000-6, 465 and 377.

The specialized terms used in this chapter are hereby defined as follows:

A. “Connection to the city water system” means the installation of water distribution facilities (including water lines and service laterals, but excluding water meters), linked to the city water system, sufficient to provide adequate water service upon the installation of a water meter or meters.

B. “Water distribution and supply system” means (1) piping, fittings, control valves and other appurtenances carrying or supplying potable water to a building; or (2) an automatic fire sprinkler system required to serve a building. (Ord. 2002-01 § 2, 2002; Ord. 2001-9 § 2, 2001).

The water system of the city, traditionally known as the Sonoma municipal water works, shall herein be referred to as the “water system” of the city of Sonoma. The city of Sonoma shall be designated as “city” for purposes of this chapter. (Ord. 2002-01 § 2, 2002).

It is expressly declared that the operation of the water system of the city shall be designed and effected to the end that the water system of the city shall be a self-sustaining operation, insofar as is possible. It is further the policy of operation of the water system of the city that the fees and charges imposed or to be imposed in the operation of the water system be designed to defray all costs of operation, to provide for normal replacement of physical facilities, and to provide for system improvement and expansion where needed. (Ord. 2002-01 § 2, 2002).

Repealed by Ord. 02-2009. (Ord. 2002-01 § 2, 2002).

The operation and direction of the water system of the city shall be under the direct control and supervision of the city manager, or such other officer or employee as may be designated, by resolution by the city council, who upon such designation shall exercise all the powers and duties granted herein to the city manager. (Ord. 2002-01 § 2, 2002).

The city shall maintain a set of drawings showing the official water system, as it shall exist from time to time. A copy of said drawings shall be kept on file in the office of the city clerk. Changes to the location of pipelines and facilities shown on said drawings shall occur as the result of projects approved by the city council except in the case of emergency repairs wherein the city manager or such other officer or employee as may be designated shall determine the appropriate location. (Ord. 2002-01 § 2, 2002).

A current set of design standards for common water pipe, mains and other water service equipment shall be maintained in the office of the city engineer or other city official designated by the city manager. (Ord. 01-2010 § 1, 2010; Ord. 2002-01 § 2, 2002).

The city council reserves the right and power to, and may from time to time by resolution, adopt rules and regulations for the operation, conduct and maintenance of the water system, and for furnishing water to users, and may likewise by resolution modify and where necessary establish the rates, charges and penalties to be imposed and followed in the operation of the water system, and may, from time to time by resolution, prescribe rules for the extension of water mains within the boundaries and outside the boundaries of the city. (Ord. 2002-01 § 2, 2002).

Any dispute between a customer and the city shall be made to the city in writing and submitted to the city manager or designee. A dispute involving a water bill will not be accepted as justification for nonpayment of the water bill, and payment in full shall be made pending settlement of the dispute. Such settlement shall be in writing. Should the customer be dissatisfied with the outcome of the dispute, the customer may appeal the decision of the city manager or designee to the city council who will act as final authority. (Ord. 2002-01 § 2, 2002).

The city shall have the right in an emergency to turn the water on or off without notice, but it shall be the duty of the city to make reasonable effort to notify all consumers in advance of such an emergency that the water is to be turned off or on. (Ord. 2002-01 § 2, 2002).

Contractors or any person desiring to use water in construction work shall in each and every case make written application for and obtain a written permit for a temporary construction meter or for the use of a hydrant meter. Should the water be obtained through the use of a hydrant meter connected to a fire hydrant, applicant shall become subject to the provisions of SMC 13.04.150. (Ord. 2002-01 § 2, 2002).

The city council reserves the right and power to, and may from time to time by resolution, adopt rules and terms for capital improvement funds for the improvement, both within the city and without the city, of the municipal water system. The power shall include the right to establish and administer special funds for the purpose of maintaining and replacing of water lines both inside and outside city limits. (Ord. 2002-01 § 2, 2002).

The city council shall, from time to time by resolution as it deems necessary and appropriate, provide for and set all water rates, charges and fees including connection charges and front footage charges and delinquent charges and other penalty charges. Said resolution may provide for automatic future adjustment of any of said rates, charges and fees by application of appropriate cost escalators as determined by the city council. (Ord. 2002-01 § 2, 2002).

A. Purpose. The purpose of this section is to ensure that an adequate water supply is available to serve new, detached structures that makes use of potable water or for which a fire sprinkler system is required.

B. Requirement for Construction. Connection to the city water system shall be required prior to the final inspection approval of any building permit for the construction of any new, detached structure utilizing a water supply and distribution system as defined in this chapter.

C. Exemption Provision. A property owner shall be exempt from this connection requirement, if the property owner applies for and obtains an exemption prior to the issuance of any building permit for construction subject to the requirements of this section. Any property owner desiring an exemption shall file an exemption application with the city council. The application shall be on a form provided by the city water department. The city council shall grant the exemption if it finds that:

1. There are special circumstances or conditions affecting the property, including, without limitation, unusual technical obstacles to connecting to the city water system; and

2. The granting of the exception will not be detrimental to the public health, safety or welfare. (Ord. 2002-01 § 2, 2002; Ord. 2001-9 § 2, 2001).

All service addresses within the city limits of Sonoma consuming water supplied through a water meter shall have a current signed application on file with the water department. Applications shall list the account name, the address being served by water and the billing address, if different. Identification in the form of driver’s license number and/or Social Security number will be required. If the property is a rental, the owner’s name and address must be listed. For all multi-use accounts, the property owner shall be required to complete the application and be listed as the responsible party. Original signatures on the applications are required; other forms will not be accepted. Rental properties for which the tenant is the responsible party, the city shall require a security deposit be paid with the application. The deposit will be held on account for a period of two years of service with no delinquencies, water shutoffs, or returned checks. Upon completion of the two-year period meeting the requirements set forth above, the deposit will be credited directly to the utility account for the service address. Upon cessation of service, the deposit will be applied to the utility account with any remaining balance being returned to the responsible listed party. (Ord. 2002-01 § 2, 2002).

Where application is made for water services on a multiple-unit basis, the owner of the real property in question shall be primarily responsible for charges where one meter serves more than one family dwelling unit, and, as a condition of such water service, shall sign the application for water service as such responsible party. (Ord. 2002-01 § 2, 2002).

A. Fire hydrants are provided for the sole purpose of extinguishing fires, and shall be opened and used only by the fire department or other officials of the city authorized to do so.

B. For the purpose of this section, permits may be issued by the public works administrator or his or her designee for the sale of bulk water through hydrants; provided, that the hydrant meter user meets certain conditions. These conditions shall be set by use policy approved by the city manager or his or her designee. In no case shall the truck(s) or tank(s) receiving water be permitted unless equipped with an approved air gap back flow preventer. (Ord. 2002-01 § 2, 2002).

No fire hydrant shall be installed or connected with the mains of the water system of the city by any person, unless and until permission has been granted therefore by the city manager upon the recommendation of the fire chief and public works administrator. (Ord. 2002-01 § 2, 2002).

Every person authorized to open a fire hydrant shall utilize only the proper style of tools for this purpose and replace the cap on the outlet when same is not in use. They shall leave the hydrant in as good condition as when found, and such an officer or person shall report to the water department of the city or the fire chief any leaks or breaks or damage to the fire hydrant immediately upon discovery. (Ord. 2002-01 § 2, 2002).

The city council retains the right to direct the closure and capping of a fire hydrant existing outside the city limits and direct that it shall not be used or opened unless and until permission has been granted by the city council upon recommendation of the fire chief and public works administrator. (Ord. 2002-01 § 2, 2002).

No water shall be served to two or more parcels or properties separately owned through a common service pipe, or other water conduit, unless there is no main contiguous to the premises from which service may be had; provided, that where there is no main contiguous to the premises from which service may be had, temporary permission may be granted upon written application to the water system; provided, that the customer first shall in writing guarantee the payment of water rates and charges for all parcels or properties so served, and for each monthly minimum charge under the rules and regulations established or to be established by the city council; when there shall be a main contiguous to the premises so served, the temporary permission shall lapse and be of no force and effect. Upon the recommendation of the fire chief, and with the approval of the public works administrator, a single fire service connection serving two or more properties may be allowed when such a configuration is found to enhance fire protection without jeopardizing water quality. (Ord. 2002-01 § 2, 2002).

It is unlawful for any person to turn on the water after the same has been turned off without the written consent of the city manager or designee. (Ord. 2002-01 § 2, 2002).

It is unlawful for any person to supply water to premises other than the premises for which water service is granted unless authorized by the city on an emergency basis. (Ord. 2002-01 § 2, 2002).

It is unlawful for any person to interconnect a private water system to the municipal water system without first obtaining the required permit and inspection. (Ord. 2002-01 § 2, 2002).

It is unlawful for any person, whether for himself or for any other person, partnership or corporation, to give false, or misleading, or false and misleading information in any written application for water service from the Sonoma water system. (Ord. 2002-01 § 2, 2002).

It is unlawful for any person to open any fire hydrant, street hydrant, stopcock, gate or valve, or to interfere in any manner with any street water service, water connection, or any water meter attached to any service pipe connected with the water mains, or water pipes of the city, or to tap, break or injure any water main or water pipe of the city, or any reservoir of the city, or to tap any water service pipe or to take off or draw water from any water main, pipe or hydrant of the city without paying the established water rental therefor, after having made written application therefor as provided in the rules and regulations of the water system of the city or in anywise to trespass upon the public property of the water system, without written permission first being obtained from the water system of the city. (Ord. 2002-01 § 2, 2002).

The city may terminate water service to any customer who is notified by the city in writing of the existence of leakage in any part of the water system on the service side of the water meter, on private property, and who fails to take reasonable steps to eliminate such leakage. The notice shall be given to the occupant of the property who appears as the customer in the files of the water department. If leakage on the service side of any water meter on private property is of such magnitude as to threaten damage or deterioration to property or loss of water from continuous and unrestricted flow, such as that which would be caused by the bursting or total failure of a pipe or other component of a plumbing system, the city may terminate service at the meter immediately and without notice. When such service provides water for fire protection purposes, the fire chief shall immediately be notified of the interruption of water service. Service shall be restored as soon as reasonably possible after repair. In enacting this regulation the city council finds that water is a valuable commodity, and that shortage of water must be anticipated and guarded against even in times when supply is plentiful, so that the waste of water by unnecessary leakage is to be prevented at all times, notwithstanding the willingness or ability of a customer to pay for wasted water. (Ord. 2002-01 § 2, 2002).

Any person found responsible for accidental or malicious damage to the water system which results in a release of water, and/or the need to repair or replace any mains, fire hydrants, water meters, valves or other appurtenances, shall reimburse the city for the materials and labor costs associated with their act(s) or omissions, including the cost of the estimated volume of water released from the system. Such reimbursement shall be at rates set by city policy for the determination of fees. (Ord. 2002-01 § 2, 2002).

Every person violating or contributing in any way to the violation of any provision of this chapter shall be deemed guilty of a misdemeanor, and shall be punished as provided in Chapter 1.12 SMC. Every violator of the provisions of this chapter shall be deemed guilty of a separate offense for every day such violation shall continue, and shall be subject to the penalty imposed by this section for each and every such separate offense. (Ord. 2002-01 § 2, 2002).