St. Helena Municipal Code Art. 3 Water Theft Regulations, Penalties, and Enforcement

Because water is a vital resource, the city has determined that it is appropriate to adopt a city prohibition on water theft and impose civil administrative penalties for the theft of water. (Ord. 21-6 § 2 (Exh. A))

• A. For the purposes of this article, “water theft” means and includes all of the following:

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

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

B. For the purposes of this article, “unauthorized use” includes the use of water from a stationary service connection where lawful water service has been discontinued or from a public fire hydrant to supply water outside of the city service area, regardless of whether payment is provided to the city for the water drawn from the public fire hydrant, or any use of a hydrant meter in violation of the terms and conditions of a hydrant meter permit.

• C. Water theft is prohibited. Each act of water theft constitutes a misdemeanor.

D. The city may report any water theft to the appropriate prosecuting agency and press for prosecution of said activity pursuant to the Penal Code. In addition to pursuing criminal penalties, the city, upon discovering water theft or tampering with city property, may also pursue the following remedies or any other remedies available at law or equity:

1. Require the immediate removal of any equipment, connections or tools used to accomplish the water theft that is attached to city property;

2. Charge the customer or perpetrator an administrative penalty for any form of water theft as follows:

   • a. Five hundred dollars ($500.00) for the first violation;

   • b. One thousand dollars ($1,000.00) for a second violation within two years; and

   • c. Two thousand dollars ($2,000.00) for each violation thereafter within two years. (Ord. 21-6 § 2 (Exh.

   • A))

In addition to any other remedies provided in this article or available under applicable law, the city may also seek injunctive relief in the superior court or take enforcement action. All remedies provided herein shall be cumulative and not exclusive. If a customer or any other person turns on water service without city authorization, tampers with any locked water meter, tampers with a service connection or city facilities, bypasses a meter, makes an unauthorized connection to city facilities without city permission, or otherwise commits water theft, the city may:

• A. Discontinue water service pursuant to the applicable provision(s) of Section 13.04.130;

B. Charge the customer or perpetrator an estimated amount based upon the historical water use, meter use, or other comparable means of estimation (noncustomers shall be charged based upon the highest city water rate at the time of the occurrence);

• C. Charge the customer for the damage to the city lock, meter or other property;

• D. Remove the meter and plug the service;

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

• F. Charge a deposit of two times the amount of the average use to reestablish service; and

• G. Require the return of any temporary water meter. (Ord. 21-6 § 2 (Exh. A))

The city shall calculate the amount of damages and penalties to be imposed, and shall send a bill to the customer or, if the offender is not a customer of record, an invoice, for payment of the damages and penalties.

A. All costs relating to the city’s processing and handling of the water theft, and investigation and enforcement thereof, shall be borne by the party having responsibility for the water account at the time of the water theft. Charges related to the handling of the water theft and/or reestablishment of the service shall be borne by the party requesting service. These charges include, but are not limited to, service call charges, water charges, turnoff of service, plug and/or termination fees. Before the meter will be replaced and service reestablished, the party requesting service shall deposit twice the average monthly water bill, the cost of a new water meter and installation (if required), any increase in capacity fees between the date of removal of the meter and the date service was resumed, in addition to all service call charges, all charges that were delinquent at the time of removal, and an amount representing any damage to city property. The city may enforce payment of any unpaid amounts through any available legal means, which may include, but not be limited to, placement with an authorized collection agency, transfer of delinquent balances to other active accounts, requiring full payment before establishing future accounts with the city, termination of water service to the account, and/or filing a lien for unpaid amounts.

Where a water account is not assigned, all charges relating to the city’s processing and handling of the water theft, and investigation and enforcement thereof, shall be borne by the party taking the water, including, but not limited to, the cost of any water used inside or outside the city’s service area, charges for any damage to city facilities and equipment, and costs of investigation and enforcement. The city may enforce payment of any unpaid amounts through any available legal means, which may include, but not be limited to, placement with an authorized collection agency, transfer of delinquent balances to active accounts, requiring full payment before establishing any account with the city, and/or filing a lien for unpaid amounts.

B. Any person (an “appellant”) who wishes to appeal the imposition of damages or penalties imposed by the city pursuant to this article shall comply with the following procedures:

1. The appellant shall submit a written appeal to the city’s director of public works no later than fifteen (15) calendar days from the date of the bill or invoice sent to the customer or offender.

2. A response to the appeal shall be provided by the director of public works within thirty (30) calendar days from receipt of the appeal.

3. If an appeal request is denied, in whole or in part, the appellant may resubmit the appeal for review by the city manager or his or her authorized designee. The appeal shall be resubmitted no later than fifteen (15) calendar days from the date of the denial of the appeal by the director of public works. The appellant may request to provide evidence in writing or in person in support of his or her appeal to the city manager or his or her authorized designee.

4. A response to the appeal shall be provided by the city manager or authorized designee within thirty (30) calendar days from receipt of the appeal. The decision by the city manager or authorized designee shall be final.

5. Within ten (10) days after the denial of the appeal, in whole or in part, the appellant shall pay the damages and penalties imposed by the city.

6. The provisions of Section 1094.6 of the Code of Civil Procedure of the state of California shall be applicable to judicial review of the decision. (Ord. 21-6 § 2 (Exh. A))