St. Helena Municipal Code Art. 1 General Provisions

For the purposes of this chapter and Chapters 13.08 (Cross-Connection Control Program) and 13.12 (Water Use Efficiency and New Development), the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Agricultural purpose” means the breeding, raising, pasturing, and grazing of livestock for the production of food and fiber and the planting, raising, harvesting and producing of viticultural crops, food crops, fiber crops, horticultural crops, and forestry crops.

“Customer” means the person responsible for paying each water service account on the water distribution system, both inside and outside city limits, of the water enterprise owned by the city of St. Helena.

“Department” means the municipal water department of the city.

“Director of public works” means the individual filling the position of director of public works/city engineer for the city, or his or her designee.

“New development” means any of the following construction projects that have not received a certificate of occupancy from the city or county building department prior to May 24, 2011, or that were issued a building permit and did not construct a foundation prior to May 24, 2011:

1. Any freestanding building that contains water-using fixtures;

2. Any floor area additions to existing nonresidential structures;

3. Any residential additions or remodeling that increases overall water usage at the water meter.

“New water connection” means a water connection for the benefit of any user or use of water, whether industrial, commercial, residential, institutional, who or which was not currently receiving water from the department at the time a water shortage phase was formally established. All new construction shall be deemed a new water connection, notwithstanding the fact that such new construction may have received all permits and consents required of it by any governmental agency, including the city, and notwithstanding the fact that the applicable fees for water connection may have been prepaid by the applicant.

“Nonresidential” means properties in which the primary use is not residential; hotels and motels are considered nonresidential.

“Premises” is a lot or parcel under one ownership, except that portions thereof having well-defined boundaries such as fences or hedges which prevent the common use of the property by all occupants shall be deemed separate premises.

“Private water service” means the water service connection, pipe or “lateral” between a private residence, business or parcel up to but excluding the water meter.

“Public water service” means the water service connection between the water meter and the public water service system including the water meter and the meter box or vault.

“Public water service system” means the collective water distribution system including water mains, valves, fire hydrants, pumps, ancillary equipment and public water service(s) connected to the water distribution system.

“Residential” means all living or dwelling units (as defined by the Uniform Building Code) of a permanent, rather than a transient, nature, including but not limited to single-family residences, apartments, mobile homes, manufactured homes, duplexes, townhouses, apartment buildings and condominiums. A “dwelling unit” shall be defined as any structure containing sleeping, eating, cooking, and sanitation facilities.

“Safe annual yield” of the St. Helena water supply system is that quantity of water which can be reliably delivered on an annual basis through most rainfall years, including a dry year (rainfall at twenty-two (22) inches to twentyfive and nine-tenths (25.9) inches) without undue hardship on water customers through water shortage restrictions. It is recognized that the safe annual yield, as so defined, could place significant hardship on water customers in a critically dry year (rainfall at twenty-one and nine-tenths (21.9) inches or less) or in periods of two or more consecutive dry years. “Undue hardship” is defined to mean Phase II or Phase III restrictions at any time, as these phases are set forth in this amended code. The safe annual yield shall be determined pursuant to the analytical methodology used by the safe yield committee, as identified in its report dated March 17, 2011. The safe annual yield shall be redetermined any time there is a material change in the city’s water supply.

“Supply/usage balance” is the difference between the safe annual yield and total current usage.

“Total current usage” is average usage as determined by taking total metered potable water supply entering the water system’s distribution system over the last five fiscal years, divided by five. The city shall calculate the supply/ usage balance as soon after the end of each fiscal year as is practicable, as well as at any time that there is a material change in potable water supply. The balance is positive when the safe annual yield exceeds total current usage. The balance is negative, or in deficit, when the safe annual yield is less than total current usage.

“Water advisory board” is the board as may be constituted in Section 13.04.230(C)(8). (Ord. 24-1 § 2; Ord. 16-13 § 5 (Att. 6); Ord. 12-1 § 2; Ord. 11-7; prior code § 18.1)

The rules and regulations set forth in this chapter and Chapters 13.08 and 13.12 for the management, control and use of the municipal water department, and penalties for the violation thereof, and rates to be charged for water or services furnished to consumers, are prescribed and established and are applicable to all consumers, whether inside or outside the city limits, in the absence of express limitations hereinafter set forth.

Every person taking water shall be considered as having expressed his or her consent to be bound by the provisions of this chapter, and whenever any one of such rules and regulations is violated the city may shut off the water to the user with proper notice as set forth in Division 5, Article 1, Chapter 1 of the California Public Utilities Code and the water shall not be turned on again until all unpaid rents and charges are paid and other requirements of this chapter and Chapters 13.08 and 13.12 are met. (Ord. 16-13 § 5 (Att. 6); Ord. 02-5 § 18; prior code § 18.2)

A. To Be Signed and in Writing. Every person desiring a water supply from the department shall make written application at the office of the department. Such application shall be signed by the applicant and accompanied by a copy of the California driver’s license or identification card. The application shall contain the stipulations, terms and provisions applicable to all water accounts as defined by resolution or the code. A printed application form shall be provided by the department, when requested. Water service will be turned on by a city representative during normal working hours, defined as after eight a.m. and prior to three-thirty p.m., Monday through Friday excluding legal holidays. Water service turn-on shall not be made after three-thirty p.m. or prior to eight a.m., Monday through Friday, nor on Saturday, Sunday or legal holidays unless the customer agrees to pay the appropriate fee as set by resolution for such after-hours service.

B. Nonowner’s Deposit. Whenever an application is made for the furnishing of water to premises and the applicant is not the owner in fee of such premises, a deposit shall be made with the department at the time such application is made in the amount prescribed by resolution of the city council. Such deposit shall be held by the department as a guarantee for the payment of all water consumed, and payment of all other charges owing from the applicant to the department. Whenever any applicant removes from such premises owing nothing for water by him or her used, or any other charges of the department, or whenever the applicant shall become the owner in fee of such premises, the deposit shall be returned to the applicant making the same. Otherwise, the deposit shall be returned to the applicant less all charges owing by the applicant to the department. (Ord. 19-9 § 1 (Exh. A); Ord. 16-13 § 5 (Att. 6); prior code § 18.3)

A. Generally. When the premises to which water is to be furnished under the application made in writing has no connection already installed for use on the premises, the applicant shall pay all costs of the installation and service connection. The costs which shall be included as charges for making service installations shall be: all materials costs, including fittings, valves, pipes, meter, meter box and other costs incurred by reason of peculiarities of the installation.

B. Cost of Installation. The applicant shall be responsible for installation and cost of the water lateral both within the city right-of-way and on private property. All work within the city right-of-way shall require a city-issued encroachment permit, and the work shall be performed by an appropriately licensed contractor. Installation shall be performed in accordance with all applicable city standards including but not limited to trench backfill and pavement restoration.

C. Director of Public Works to Fix Charges. The director of public works is empowered to estimate and fix the charges to be made for all service connections, subject to the approval of the city council.

D. When Due and Payable. All such sums herein provided for to be paid by the applicant shall be due and actually paid before any of the work is commenced and in no event shall the work of installing any water service be commenced until all sums required to be paid have been actually paid by the applicant. None of such sums so paid, nor any portion thereof, shall be refundable to the applicant.

• E. Schedule of Water Connection Charges. Every person making a connection to the city water system shall, immediately prior to making such connection, pay to the city a connection charge as established by city council resolution.

There shall also be one of the following water connection charges:

1. Standard Service Connection (Complete). Minimum charges for standard complete service connections are shown below. A “standard” complete connection is defined as one where the service pipe is tapped into a water main of eight-inch diameter or less, where open trench excavation can be used and where the distance from the main to the meter is not over forty (40) feet. The service connection is complete in that it includes service pipe, meter box, meter and necessary fittings. Extraordinary costs, as determined by the city engineer, shall be billed and paid by the applicant.

Minimum Connection Charge

Size of Meter

2. Standard Service Connection (Partial). A “standard” partial connection applies to those cases where a copper service pipe has been stubbed in during the development of the subdivision and only the setting of the meter box and meter remains to be done by the water department.

Minimum Connection Charge

Size of Meter

(Ord. 16-13 § 5 (Att. 6); prior code § 18.4)

A. When Connection May Be Made. The applicant having complied with the requirements of this chapter and Chapters 13.08 and 13.12 relating to the application for service, and having paid all charges incurred, the property described in the application shall be connected with the water mains and water furnished to the applicant.

B. Extension of Mains. No service shall be installed by the department on any private property, or extended beyond the curb of the street in which the department’s mains are installed, except where the city owns or controls water pipeline rights-of-way over private property and has water mains installed therein. The applicant for water service shall, at his or her own expense, extend service lines to the nearest open and accepted public street or place where service will be installed by the department, subject to all other terms and provisions set forth in this chapter and Chapters 13.08 and 13.12, except that the department may, at its option, allow water service connections to its water mains installed in the rights-of-way above described; provided, that the applicant at his or her own expense extends service lines to the water mains.

C. Multiple Connections Prohibited Generally. No one service connection shall supply water to more than one premises.

D. Exceptions to Multiple Connection Requirements. If under particular circumstances it be determined by the city council that it be impracticable to install one service connection for every premises and advantageous to the department to furnish water to more than one premises through one service connection, then water may be so furnished by the department. After any such installation of water service for more than one premises through one service connection, the city council may, if it determines that by reason of changed circumstances, it has become practicable to install one service connection for each of the premises, then the city council may elect to install a separate service connection and meter for each of such premises at the cost and expense of the owner of the premises, to be paid for by the owner of the premises.

E. Service to More Than One Consumer Through One Connection and Meter. Where there is more than one consumer supplied through one service connection and one meter, the department shall hold the applicant or other person agreed upon responsible for payment of all water furnished through the one service connection or one meter; provided, that where practicable to serve each consumer through a separate service connection, the city council may at its election install a separate service connection and meter for each such consumer at the cost and expense of the property owner or consumer, to be paid for by the property owner or consumer, and thereafter collected at the established meter rates for water supplied through each meter.

F. Extension Along Frontage of Premises Served. In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or public right-of-way across the entire frontage of the premises to be served; provided, however, that if, under particular circumstances, it is determined by the city council that no public purpose would be served to require the water main to extend across the entire frontage, such as, without limitation, those cases involving dead-end streets or cul-de-sacs, the council may determine a lesser distance to which it is necessary to extend the water main across the frontage to serve the public purpose.

G. Prohibitions. No service connection shall be given or made from which any consumer service line shall run lengthwise on any public street, nor shall any service connection be given or made from which two or more consumer service lines shall run lengthwise on any private road.

H. Service Outside City Limits. No water service connection or water main extension shall be made or given to premises located outside the city limits except (1) to provide private fire service in accordance with Section 13.04.200 and (2) to provide reclaimed water in accordance with city policies and procedures. (Ord. 16-13 § 5 (Att. 6); Ord. 03-5 § 1; prior code § 18.5)

A. The owner of any structure located within the city in which plumbing is to be installed shall, at the owner’s sole expense, connect the plumbing of such structure directly to the proper public water main in accordance with the provisions of this chapter. The provisions of this section shall not apply to wells installed pursuant to Chapter 13.16.

B. If the closest water main is located more than one thousand (1,000) feet from the property line of a residential lot, the property owner of the residential lot may request an exception to this requirement for existing lots of record.

C. The following procedures shall be followed for the consideration of applications for exceptions to the requirements of this section:

1. Applications for exceptions shall be filed by the property owner with the public works department on forms provided by the public works department. The application shall be accompanied by materials and information outlined on the application requirements list available in the public works department.

2. The application shall be considered by the city council prior to the determination of completeness (pursuant to Section 65943 of the Government Code) of a development application for the property.

3. Applications for exceptions shall be considered during a public hearing.

D. The following criteria shall be considered by the city council in the evaluation of applications for exceptions to the requirements of this section:

1. The proximity of existing public water mains to the subject lot;

2. The ability to provide public water to the site at pressures adequate for domestic and emergency purposes by unmechanically augmented municipal systems;

3. The likelihood of adjoining lot(s) to develop, and the need for the extension of public water facilities to accommodate such development;

4. The potential environmental effects resulting from the installation of public facilities given the physical conditions and improvements present at the site including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc., which might present constraints to the extension of the public water facilities;

5. The physical conditions and improvements present at the site including, but not limited to: slope, soil conditions, tree cover, existing features and structures, etc. which might present significant ongoing costs for maintenance of the public facilities;

6. The ability to provide public water service to the frontage of adjoining lots(s);

7. The adequacy of the proposed private system to provide adequate water flow rates, pressure, and facilities to address domestic and emergency needs as determined by the director of public works and the fire chief;

8. The adequacy of the proposed private system to satisfy the requirements of the Napa County department of environmental management.

E. The city council may impose conditions or requirements upon the granting of an application for an exception to the requirements of this section. Said conditions or requirements may include, but shall not be limited to, the following:

1. The property owner requesting the exception shall design and install the public water main across the frontage of the subject property including the extension, if any, of the public facilities from their existing closest point. Appropriate dedication of right-of-way shall be made to accommodate said installation. Said design, installation and dedication shall occur prior to the occupancy of the new development and shall not be subject to reimbursement or other credit by the city of St. Helena. An agreement for reimbursement from private development may be executed.

2. A homeowners’ association (HOA) or other entity or binding agreement, acceptable to the city attorney, shall be created and maintained in perpetuity to ensure the long-term maintenance of the common and/or private facilities (wells, water lines, pressure tanks, holding tanks, backflow prevention devices, etc.). The HOA shall maintain a sufficient fund reserve as determined by the director of public works at all times to ensure that maintenance of the private facilities will occur as necessary. Duties and obligations of the HOA shall be stipulated in covenants, codes and restrictions (CC&Rs) which shall govern the private property. The city of St. Helena shall be a party to the CC&Rs, but shall not be responsible for the enforcement of the document.

3. The property owner requesting the exception shall record a notice which shall run with the deed on the property, and all subsequent parcels resulting from a subdivision of the property, advising subsequent property owners of the lack of public facilities and of the potential for failure of the private system(s). The deed notice shall further advise successor property owners that the city of St. Helena has no obligation to provide public facilities to the property even in the event of the failure of the private system(s).

4. The property owner requesting the exception shall execute and record a hold harmless agreement with the deed of the property, and all subsequent parcels resulting from a subdivision of the property. Said agreement shall relieve the city of St. Helena of any and all liability which might arise from the use and/or failure of the private system(s). Said hold harmless agreement shall be in a form acceptable to the city attorney and shall be recorded prior to occupancy of any new development on the subject lot. (Ord. 16-13 § 5 (Att. 6); Ord. 12-1 § 3)

A. Location, Size, Etc. A water service meter shall be installed by the department for each service connection. Water service meters shall be installed only in public streets or places. It shall be unlawful for any consumer to obstruct access to water service meters. On every meter installation the size and exact location of the meter shall be determined by the director of public works or designee.

B. To Remain City Property—Maintenance. All water meters installed by the department shall remain at all times the property of the city and shall be maintained, repaired and renewed by the department. The department will be responsible for the cost to replace and/or repair meters that are rendered unserviceable through ordinary wear and tear and damage by the elements. The property owner shall be responsible for the cost to replace and/or repair meters that are rendered unserviceable as a result of the negligence of the owner, occupant, agent, contractor or other person working on behalf of the owner or occupant. The department shall have sole discretion in determining if a meter requires repair or replacement; and sole discretion in determining if the cause for repair or replacement is ordinary wear and tear or the result of negligence.

C. Tests. Upon the deposit of the sum as established by council resolution with the finance department by any consumer, the director of public works or designee shall test the meter at the premises of the consumer. The consumer shall be notified by the director of public works at least twenty-four (24) hours in advance and may be represented at such test. (Ord. 16-13 § 5 (Att. 6); prior code § 18.6)

A. Application. The provisions of this section shall apply to water main extensions, both within and without the boundaries of the city, except that they shall not apply to any water main extensions within the boundaries of any subdivision.

B. Duties of Applicants—Materials—Payments. Applicants for water main extensions to service premises where such extensions are necessary, which necessity shall be at the sole and absolute discretion of the city council, shall be required: (1) to pay to the department the estimated reasonable cost of the necessary facilities before construction is commenced; and (2) to transfer and convey to the city all water mains, pipes and necessary easements therefor. The size, type and quality of the materials and the location of lines shall be specified by the city council in its sole and absolute discretion. All such sums herein provided for to be paid by the applicant for water main extensions shall be due and actually paid before any of the work is commenced and in no event shall the work of installing any water service be commenced until all sums required to be paid have been actually paid by the applicant. Any excess of the amount so paid in by the applicant over the actual cost shall be refunded to the applicant, and in the event the actual costs thereof exceed the amount actually paid by the applicant, the water service shall not be turned on until the differential is paid to the department.

C. Additional Connections. Additional water service connections to any such extended water mains shall be permitted only at the sole and absolute discretion of the department.

D. Size. All water main extensions shall be of size and shall be connected to the city water system at a point where there is an adequate water supply under proper pressure as determined by the city council.

E. Special Extension Prorate Charge—Determination, Etc. In addition to the usual costs of a water service connection as provided in Section 13.04.040, a special extension prorate charge shall be required and collected from applicants for water service in those instances where the present or past owners of the premises to be served have not participated in the cost of installing the main fronting their premises and which main was installed within a period of twenty (20) years prior to the date of granting the application for the water service connection but after the effective date of this section, September 12, 1961. The charge shall be determined by multiplying the footage of the premises lying along and which may be served directly from the main extension by one-half of the lineal per-foot cost of the main extension, but not to exceed the costs of a six-inch main if installed by the department. The charge shall not be applied more than once to any premises. The charge shall be estimated and fixed by the director of public works, subject to the approval of the council, and shall be payable prior to the installation of water service. Except in unusual circumstances, as determined by the city council, premises already served by the department at the date of installation of the main extension will be exempt from the payment of the special extension prorate charge.

F. Special Extension Prorate Charge—When Effective. The special extension prorate charge shall be in effect for a period of twenty (20) years from:

1. The date of execution of the main-extension agreement, if the main extension is financed by property owners; or

2. The date of official completion of the main extension, if financed by the city.

G. Special Extension Prorate Charge—Rights of Applicant Financing Main Extension. The applicant who has financed the main extension shall be entitled to the special extension prorate charges collected by the department as a part of the service connection costs. The amounts collected shall be refunded to the applicant in accordance with the terms of the main-extension agreement between the city and the applicant. The refunds shall be made within ninety (90) days following the date of collection thereof by the city. No refunds of the extension prorate charges shall be made after twenty (20) years from the date of execution of the main-extension agreement.

H. Subdivision Off-Tract Facilities. If the city council determines that there is not a sufficient off-tract water main from a point where there is an adequate water supply under proper pressure to a point of connecting to in-tract subdivision water mains, the city shall have no obligation to make a connection or extension unless and until the applicant shall finance and make a special agreement with the city for the construction and installation of required off-tract water mains. It is found and determined that at the time no uniform rule can be laid down with respect to the sharing of the cost of such off-tract water main, but that each case must be evaluated on its own merits. Such special agreement need not provide for refunds according to subsection G of this section but may provide for refund or reimbursement to the applicant in such manner as the council determines to be in the best interests of the city. If such an off-tract water main shall be constructed, it shall be a limited purpose through line not designed or intended to serve the properties through which it passes and the city shall not be deemed to have “assumed to serve” any such area through which it passes unless and until the city council shall expressly so declare by later motion or resolution. (Ord. 16-13 § 5 (Att. 6); prior code § 18.7)

A. Each property owner shall, at the property owner’s expense, inspect, maintain in good working order, repair and replace, as necessary, the private water service, including any portions that may lie within the public right-ofway, so that it does not cause or contribute to any water overflow from either the private water lateral or the public water main. The private water lateral shall be free of displaced joints, open joints, root intrusion, substantial deterioration of the line, cracks, leaks, inflow, infiltration of extraneous water, fats, oils and grease, sediment deposits or any other similar conditions, defects or obstructions likely to cause or contribute to blockage of the water lateral or the public water main.

B. Private water laterals are not part of the public water service system. The private water laterals are the property of the property owner and are not part of the public water service system. Nothing in this chapter shall be interpreted as changing the private nature of the private water laterals or incorporating them into the public water service system.

C. Each property owner is responsible for obtaining encroachment permits necessary to maintain, repair, or replace any portion of their private water services within the public right-of-way.

D. Each property owner shall maintain, repair, and replace their private water services according to the standards set forth in the city’s municipal code. (Ord. 24-1 § 3)

A. Charges Imposed. No water and no services of facilities of the water system shall be furnished to any consumer or to any person free of charge or in amounts less than those established by resolution of the city council. The city shall pay for all water furnished or made available by the water system for municipal purpose of the city. Customers shall pay for water service on a regular basis as determined by the city. In the event a customer is undercharged for water service, the city shall backbill the customer to recover the amounts due to the city.

B. Nontreated (Raw) Water from Lower Reservoir. City in its discretion may provide nontreated (raw) water from its lower reservoir to be used for grading, dust control, street, pipeline, or similar construction activities, as well as for irrigation. Nontreated (raw) water shall only be used within the St. Helena city limits, except for users of nontreated (raw) water pursuant to agreements with the city entered into prior to November 2016. A permit fee as established by council resolution is required for all persons utilizing nontreated (raw) water, unless otherwise stated under a separate water agreement. All persons utilizing nontreated water through the permit process are also required to pay the use fee as identified by council resolution. (Ord. 19-9 § 1 (Exh. A); Ord. 16-13 § 5 (Att. 6); Ord. 11-4 § 2; Ord. 08-1 § 1; Ord. 05-5 § 1; Ord. 04-9 § 1; Ord. 04-1 § 1; Ord. 01-1 § 1; prior code § 18.8)

Under special circumstances, the city council reserves the right and power to contract separately with any person for the sale and delivery of water within or outside the corporate limits of the city at wholesale rates to be fixed and agreed upon by resolution of the council. (Ord. 16-13 § 5 (Att. 6); prior code § 18.9)

A. Right of Access. Duly authorized representatives of the department shall have the right of access at all reasonable hours to any premises where water from the department’s water system is used for the purpose of inspection and examination.

B. Persons Authorized to Make Connections. No person other than the duly authorized representatives of the department shall connect the consumer’s service to or disconnect the same from the water mains of the department.

C. Shutoff Valves. Every water consumer shall install and maintain at his or her own expense a shutoff valve inside the property line at a location accessible in event of emergency.

D. Permission to Supply Additional Premises. No person whose premises are supplied with water shall furnish water to other premises, unless he or she shall first make application in writing to the department and secure approval in writing.

E. Agricultural Use. Water purchased from the department pursuant to the provisions of this chapter and Chapters 13.08 and 13.12 may not be used for any agricultural purpose except in one of the following conditions:

1. The products or results of such agricultural purpose are consumed or enjoyed solely by or on the premises of the water customer;

2. The water used for an agricultural purpose is recycled from some nonagricultural use by the water customer;

3. The city council has expressly granted permission to the water customer to use water for the agricultural purpose;

4. Water serving the premises has been used for an agricultural purpose during the six months preceding August 9, 1994, in which case only that particular agricultural use may continue and may not be expanded; or

5. Parcels are less than one-half acre in size.

F. Bills for Charges. All bills for water charges will be rendered by the city bi-monthly. All bills shall become due and payable upon presentation and shall be paid at the office of the finance department.

G. Supplemental Rules. The city council may, by resolution, provide such supplementary rules and regulations as it deems necessary or advisable to accomplish the interest and purposes of this chapter and Chapters 13.08 and 13.12.

H. Previous Agreements. None of the provisions of this chapter and Chapters 13.08 and 13.12 shall apply to or in any manner affect any agreement for furnishing water, for extension of water mains or installation or maintenance of water service made before June 10, 1952, and to which the city is a party, but as to such agreements, the provisions and requirements of ordinances and resolutions in force at date of such agreement shall apply and any and all such agreements so made are ratified and confirmed. (Ord. 19-9 § 1 (Exh. A); Ord. 16-13 § 5 (Att. 6); amended by city 4/17/13; Ord. 02-5 § 18; prior code § 18.10)

All water charges shall be billed to the person making application for water service per Section 13.04.030, unless requested by the owner to be billed differently. Where allowed by law, all water charges shall be the responsibility of the owner of the premises upon which the charges fixed are levied and assessed or his or her successor in interest. (Ord. 16-13 § 5 (Att. 6); prior code § 18.11)

A. Notices from the city to any consumer will be given in writing, either delivered to the consumer or mailed or emailed to his or her last known address or contact, except that where conditions warrant or in any emergency the city may give verbal notice by telephone or in person.

B. Notices from a consumer to the city may be given by the consumer or his or her authorized representative verbally or in writing at the office of the finance department, to the city clerk, or to the director of public works’ office. (Ord. 16-13 § 5 (Att. 6); prior code § 18.12)

A. Discontinuance of Service to Abate Dangerous Conditions, Waste, Etc. The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is found by the director of public works or designee to be dangerous or unsafe or where the use of water on such premises is found by the director of public works or designee to be detrimental or injurious to the water service furnished by the city to other consumers, or where the director of public works or designee finds that negligent or wasteful use of water exists on any premises which affects the city’s water service. The city shall have the right to refuse or discontinue water service to any premises if necessary, to protect itself against fraud or abuse.

B. Enforcement by Director of Public Works. The director of public works is charged with the enforcement of all the provisions of this chapter and Chapters 13.08 and 13.12.

C. Discontinuance for Certain Violations. In the event of violation, other than nonpayment of water service charges, of any terms of this chapter and Chapters 13.08 and 13.12, the director of public works may disconnect any premises from the water system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which, upon the failure of such person to prevent or rectify the violation, the director of public works will exercise his or her authority to disconnect the premises from the water system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at St. Helena, Napa County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the director of public works may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.

D. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after twenty-one (21) days. Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:

1. If a payment by a customer has been delinquent for at least forty-five (45) days:

   • a. Impose a penalty for delinquency of ten percent (10%) of the amount then delinquent;

   • b. Assess interest in the amount of one percent per month or fraction thereof on the amount delinquent from the date on which the bill remittance first became delinquent until paid;

2. If a payment by a customer has been delinquent for at least sixty (60) days, the city may disconnect the premises from the water system for nonpayment of water bills following proper notice. Water shutoff shall occur consistent with the disconnection of water service for nonpayment policy adopted by a resolution of the city council;

3. Cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action including reasonable attorney fees incurred in an amount fixed by the court;

4. Any person wishing to appeal penalties and interest imposed in this section shall adhere to provisions in accordance with Section 13.04.180, Appeals.

E. Disconnection of Water Service for Nonpayment Policy. The city council may adopt, by resolution, a disconnection of water service for nonpayment policy. Such policy may include, but may not be limited to, provisions concerning additional billing procedures, disconnection of service, notification procedures, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income customers, procedures for becoming a customer of the city under specified circumstances, and related matters. To the extent a policy adopted pursuant to this section conflicts with any provisions of this chapter, this chapter shall control.

F. Hardship Agreements. City finance department may in its discretion offer hardship agreements which create payment plans for delinquent bills. All requests for hardship agreements and payment plans must be submitted in writing. Hardship agreements are approved at the discretion of the finance director based on amount owed and payment history.

G. Reconnection Fee. Whenever any premises have been disconnected from the water system for any violation of this chapter or Chapters 13.08 and 13.12, such premises shall not be reconnected to the water system until all delinquent fees, charges, penalties and interest have been paid, together with a reconnection charge as may be set by resolution of the city council.

For customers who demonstrate they are financially unable to pay as provided in the disconnection of water service for nonpayment policy, the reconnection fee shall not exceed fifty dollars ($50.00) during normal operating hours or one hundred fifty dollars ($150.00) during nonoperational hours, which amounts shall be subject to inflation as described in the policy.

H. Lien for Delinquencies. In addition and as an alternative to any other remedy for enforcement and collection, all delinquent water service charges, including late charges and interest for nonresidential properties, shall become a lien upon the nonresidential real property upon which water is furnished prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien. The lien shall continue until it is paid together with the penalties and interest set forth in this section. The lien shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. (Ord. 25-5 § 2; Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); Ord. 02-5 § 18; prior code § 18.13)

A. Water charges shall become effective against all premises immediately upon connection to the water system.

B. Any consumer may have his or her water service discontinued by giving notice requesting discontinuance at least two business days prior to the requested date of discontinuance. Each such consumer shall pay all water charges up to and including the date of discontinuance stated in such notice. In any case where such notice is not given, the consumer shall be required to pay for water service until two business days after the city has knowledge that the consumer has vacated the premises or otherwise discontinued water service. The city shall set a charge per council resolution for restoring water service to any consumer whose water service has been discontinued at his or her request. Water service will be turned off by a city representative during normal working hours, defined as after eight a.m. and prior to three-thirty p.m., Monday through Friday excluding legal holidays. Water service turn-off shall not be made after three-thirty p.m. or prior to eight a.m., Monday through Friday, nor on Saturday, Sunday or legal holidays unless the customer agrees to pay the appropriate fee as set by resolution for such afterhours service.

C. If the discontinuance of a water service under subsection B of this section continues more than thirty (30) days, the consumer may request that the water service be placed on a standby basis. While on a standby basis, the water service rates established by council resolution will apply. In order to reestablish water service, the customer will be responsible for the fee associated with restoring water service and must pay any delinquent charges for which the customer is legally liable before service will be reconnected. (Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); prior code § 18.14)

A. Temporary Suspension of Service. The city will exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water, but cannot guarantee complete freedom from interruption. The city shall have the right to suspend water service temporarily to make necessary repairs or improvements to the water system. In each case of temporary suspension of service, the city will notify the consumers affected as soon as circumstances permit and will prosecute the work of repair or improvement with due diligence and with the least possible inconvenience to consumers.

B. Apportionment Among Consumers. During any period of threatened or actual water shortage the city shall have the right to apportion its available water supply among consumers in such manner as appears most suitable under the circumstances then prevailing and with due regard to public health and safety.

C. City’s Responsibility. The city shall not be liable for interruption, shortage or insufficiency of water supply or water pressure or any loss or damage occasioned thereby. (Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); prior code § 18.15)

It shall be the duty of the director of public works to supervise all connections to the water system, to fix all connection charges and to enforce all provisions of this chapter. It shall be the duty of the director of finance to collect all water bills and charges and all connection and other fees herein provided for, and to deposit the same with the appropriate account. The director of finance shall keep an accurate accounting and records showing the source, amount and disposition of all monies received by them hereunder. The city will carry fidelity insurance with respect to all city officers and employees who respectively receive, collect or have in their care or custody any moneys referred to in this section, such insurance to be in an amount at least equal in the aggregate to the maximum amount of such moneys at any one time in the care or custody of all such officers or employees. (Ord. 20-4 § 1; Ord. 16-13 § 5 (Att. 6); prior code § 18.16)

All moneys received by the city under this chapter, excepting only all connection charges and portions of water bills refundable to consumers in respect of water main extensions pursuant to Section 13.04.070, shall be deposited by the director of finance in a timely manner upon receipt and for the purposes provided and with the fiscal agent designated and/or adopted as best practices.

All connection charges collected by the city under this chapter and Chapters 13.08 and 13.12 shall be deposited in a separate account entitled “water connection fund,” which is created and shall be applied in the manner and for the purposes provided for in this chapter and Chapters 13.08 and 13.12.

All portions of water bills refundable to consumers in respect of water main extensions pursuant to Section 13.04.070 shall be deposited in a separate account entitled “water main extension refund fund,” which is created and shall be applied in the manner and for the purposes provided for in Section 13.04.070. (Ord. 19-9 § 1 (Exh. A); Ord. 16-13 § 5 (Att. 6); prior code § 18.17)

A. Procedure Generally. Any person who shall have a right to appeal as provided in any section of this chapter or Chapters 13.08 and 13.12 or who shall be dissatisfied with any determination hereafter made by the director of public works or director of finance may, at any time within thirty (30) days after such determination, appeal to the city council by giving written notice to the director of public works and to the city clerk, setting forth the determination with which such person is dissatisfied. The city council may, at any time, upon its own motion, appeal from any determination made by the director of public works hereunder. In the event of any such appeal, the director of public works shall transmit to the city council a report upon the matter appealed. The city council shall cause notice to be given, at least ten (10) days prior to the time fixed for such hearing to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city council shall direct the city clerk to mail a written notice, postage prepaid, to all such persons whose addresses are known to the city council.

B. Refunds. Pending decisions upon any appeal relative to the amount of any charge under this chapter or Chapters 13.08 and 13.12, the person making such appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making such appeal such amount, if any, as the city council shall determine should be refunded. (Ord. 16-13 § 5 (Att. 6); prior code § 18.18)

No person shall wade or bathe in or otherwise pollute the waters of the reservoirs supplying drinking water to the inhabitants of the city or the watercourses supplying such reservoirs. No person shall cut wood or shrubbery on the property on which such reservoirs are situated and which property is now or hereafter owned and used by the city for the purpose of its municipal water supply. No person shall fish in the reservoirs or picnic on such property without a permit to do so, issued and conditioned as prescribed by the city manager or his or her designee. (Ord. 16-13 § 5 (Att. 6); prior code § 18.19)

The department may install a private fire service; provided, that the applicant complies with the general requirements governing water services set forth in this chapter or Chapters 13.08 and 13.12, together with the following special requirements:

A. The applicant shall enter into a private fire service agreement with the department, the terms of which shall be satisfactory to the department.

B. The services shall be satisfactory to the head of the public agency responsible for fire protection on the premises involved and to the Pacific Fire Rating Bureau. Each private fire service shall have installed therein a detector check valve of pattern and design approved by the director of public works. A “detector check valve” is defined as a spring-loaded or weight-loaded swing check valve equipped with a metered bypass.

C. The private fire service shall be used only for fighting fires and testing the fire protection system. The charge for the service shall be set by council resolution. The charge shall include the cost of water used to fight fires and for authorized testing of the fire protection system. Any other use of water from the private fire service shall constitute a breach of the private fire service agreement. (Ord. 16-13 § 5 (Att. 6); prior code § 18.21)

The department shall install, relocate or remove a public fire hydrant when the following requirements are met:

A. A written request has been submitted to the department by the public agency responsible for fire protection setting forth the location and type of hydrant.

B. The estimated charges for the installation, relocation or removal as determined by the director of public works have been paid by such public agency or by a duly authorized private person.

C. Public fire hydrants shall belong to the city and be maintained by the water department. Public fire hydrants shall be operated only by authorized firefighting personnel, department personnel and such other persons as are granted specific permission to do so by the director of public works. Public fire hydrants shall be used only for fire suppression, testing of the fire protection system, fire drills and flushing and cleaning of mains, except where specific permission to use the hydrants for other purposes has been granted by the director of public works. (Ord. 16-13 § 5 (Att. 6); prior code § 18.22)

A. The city council shall have the authority and discretion to take those actions it deems necessary and appropriate to determine the amount of water used by the city’s water users, and to verify and ensure compliance with agreements for the provision by the city of water, including without limitation the authority, consistent with requirements of state and federal law, to designate a city council subcommittee to review customer water use data and documents. Council subcommittee members shall report their findings to the full city council, and, except as set forth in subsection B of this section, shall maintain the confidentiality of the water customers’ usage data and information.

B. Notwithstanding any other provision in this code, upon the referral from the subcommittee that there has been a violation of or noncompliance with an agreement for the provision of water by the city, or a city water usage policy, the city council may determine that a water customer has used services in a manner inconsistent with applicable local usage policies, and on that basis order disclosure of any water customer’s water usage data and information. (Ord. 19-3 § 3 (Exh. A); Ord. 19-1 § 3 (Exh. A))