Thousand Oaks Municipal Code Art. 7 Charges

(a) Fee basis. Prior to receiving water service for any residence, building, irrigation meter or parcel of land, a plant investment fee shall be paid. The plant investment fee shall be in addition to the requirements for construction of or payments towards service mains and connections and water meters. All requests for irrigation meters shall be accompanied with payment of the plant investment fee, regardless of whether or not such facilities will eventually be dedicated to the City or another public agency. The owner of a property or the owner at the time the charge was generated shall be responsible for payment of all unpaid charges not collected or collectable from the applicant, user or occupant. Payment(s) of plant investment fees are not transferable from one property to another, except to another public agency, where operations and other onsite plumbing revisions have altered water demand, subject to the approval of the Public Works Director.

(b) Fee amount. The amount of the plant investment fee shall be based upon the size of the required meter and shall be as set by Council action. For special situations where, in the opinion of the Public Works Director, the calculation of the plant investment fee does not result in an equitable charge, such fee shall be determined in accordance with best available information and professional engineering practices. All fee amounts shall correspond to the amount currently in effect at the time payment is made.

(c) Time of payment. No parcel of property shall be connected to the water system until all water connection fees have been paid. The water connection fees shall be paid prior to the issuance of a building permit.

Payment of water connection fees cannot occur earlier than the following:

(1) For tract/subdivision projects, no sooner than recordation of the tract map;

(2) For other projects, no sooner than:

(i) Approval of water system drawings.

(ii) Recordation of a parcel map.

(iii) At the time of application for a water permit, which should coincide with finalization of documents necessary for a building permit for approved projects, which must be accepted for plan check by the Public Works Department.

(d) Escalation. All plant investment fees, special facilities surcharge fees, and fire flow surcharges shall be adjusted biennially and by Council action by a factor based upon the increase or decrease in the Engineering News Record (ENR)’s Construction Cost Index for Los Angeles based upon the change from the preceding two (2) years’ July-to-July period.

(e) Credits or refunds for prior payment of plant investment fee. When a larger service (meter) is requested than that which was previously paid for, then the credit shall be for the current value of the plant investment fee for the meter size previously paid. When a smaller service (meter) is desired there shall be no refund for the previous over payment. However, these shall remain a credit to the property for the larger water service (meter).

(f) Subdivision of parcels. If a parcel of property having a plant investment fee credit is divided, that credit may be divided also in any way that the owner instructs the City in writing provided, however, the credit remaining with any parcel connected to the water system shall not be less than the amount that would be required as a plant investment fee for that parcel using current rates. In the absence of written instructions, the Public Works Director may divide the credit

(g) Non-residential Condominiums. The Property Owners Association, or property management firm acting on behalf of the Property Owners Association, encompassing a single building or a group of buildings or individual ownerships on the parent property, shall be billed and shall pay for monthly water use charges of all users within the parent property. Each individual ownership shall be a member of the Property Owners Association.

(Ord. 1516-NS, eff. June 5, 2009, as amended by § 2, Ord. 1646-NS, eff. August 10, 2018, and § 2, Ord. 1694-NS, eff. March 1, 2022)

In selected water service zones where the collection of plant investment fees would not allow for construction of necessary water improvements, as determined by the City Council, a special facilities surcharge shall be assessed. The amount of the fee shall be as set by Council action. The fee shall be due and payable concurrent with or prior to payment of the plant investment fee. The fee shall be assessed on a building by building basis where a parcel contains more than one building. Where there is a changed use on the property such that the formula for the facilities surcharge yields a higher amount, the incremental difference shall be due and payable.

(Ord. 1516-NS, eff. June 5, 2009)

In recognition that a significant portion of the water system capital cost is attributable to the provision of fire protection, there shall be a fire flow surcharge based upon the approved fire flow requirement as set by the Ventura County Fire Department. Said surcharge amounts shall be as set by Council action. The fee shall be due and payable concurrent with or prior to payment of the plant investment fee. Where there is a changed use on the property such that the fire flow surcharge amount is increased, the incremental difference shall be due and payable.

(Ord. 1516-NS, eff. June 5, 2009)

The City may charge an additional amount under the following circumstances providing that an area of benefit or benefiting properties are identified along with the capital improvement cost:

(a) Where a specific improvement such as a pipeline has been or will be constructed by the City wherein such a project is of a localized nature meaning that the number of benefiting properties is relatively few and identifiable;

(b) Where the costs associated with a specific City improvement project exceed that which normally could be covered by the plant investment fee;

(c) Charges levied for improvement projects already constructed may not be deferred and are payable concurrent with payment of the plant investment fee or prior to issuance of the building permit, whichever comes first;

(d) Where the City has entered into a reimbursement agreement with a developer or landowner for a capital improvement project installed by the latter, wherein the City shall collect "pro-rata" shares from benefiting properties.

(Ord. 1516-NS, eff. June 5, 2009)

The charges for water used through domestic meters including irrigation meters and Fire Department connections, shall include a fixed charge for a minimum or base rate plus a charge for the quantity of water used. In addition, those customers which require the water to be pumped to a higher pressure or service zone shall be charged a pumping lift rate. The component parts of the domestic use rates shall be determined as follows:

(a) Base or minimum rate. Shall be determined by Council action.

(b) Quantity Rate. Shall be in addition to the base or minimum rate and shall be a cost per one hundred (100) cubic feet of water as read on the meter for the billing period. The quantity rate shall be set by Council action.

(c) Adjustments to domestic use rates for wholesale cost of water and for energy charges. Adjustments in the cost to the City for these two expense categories will normally be considered as "pass-through" items. Adjustments, either in the form of an increase or a decrease in the domestic use rates, may be made at any time as set by Council action.

(d) Pumping lift charge. Customers in service zones requiring that the water be pumped (lifted) up to the zone shall be charged an amount per one hundred (100) cubic feet per lift wherein a lift corresponds to each time the water must be pumped by the City's water system to a higher elevation. The charge so determined is in addition to the quantity rate discussed in (c) above. The pumping lift charge shall be set by Council action.

(Ord. 1516-NS, eff. June 5, 2009)

The charges for customers utilizing groundwater shall be as set by the City Council or as established by the Public Works Director, providing such charges do not exceed the estimated reasonable cost of providing the services for which the fees or charges are made.

(Ord. 1516-NS, eff. June 5, 2009)

The rate for construction water use, a deposit amount, and an installation charge shall be set by Council action. A written statement shall be required for the removal of a meter. All repair and replacement costs of construction meters shall be charged to the water user. Requests for the removal of construction meters shall be in writing, with the minimum rate applying until such requests for removal are received.

(Ord. 1516-NS, eff. June 5, 2009)

Unmetered charges represent an availability charge after the public water system has been accepted by the City Council but before water meter(s) are installed. The charges are not intended to replace the installation of meters where water use is required for domestic or irrigation purposes. Instead, the charges are applicable to tracts or properties where water use is absent or relatively minor and until such time as occupancy is requested or significant water use is present.

Unmetered water charges shall be as set by Council action.

(Ord. 1516-NS, eff. June 5, 2009)

Any person or organization using City water without a meter where such use has not received prior approval shall be charged for the estimated water use at an amount double the normal applicable rates and such use shall be stopped immediately.

(Ord. 1516-NS, eff. June 5, 2009)

Water for street sweeping operations within the City Water Service Area and pursuant to a City franchise agreement shall be obtained from City-approved fire hydrants and billed annually at a fixed rate. Payment shall be made in advance of water use and the fixed rate shall be as set by City Council action.

(Ord. 1516-NS, eff. June 5, 2009, as amended by § 2, Ord. 1720-NS, eff. January 1, 2024)

When installed by the Public Works Department, the charge for the installation of a service connection shall be based on the prevailing costs of materials and labor, plus an amount for overhead. The deposit amounts shall be determined administratively by the Public Works Director and shall be required prior to any installation of the meter and service. If the deposit amount exceeds the actual cost of the work, a refund will be provided to the customer. If the actual cost exceeds the deposit amount the customer shall be required to pay the difference prior to receiving water service. The cost of the water meter and installation costs shall be determined administratively by the Public Works Department with the rate of overhead determined by Council action. Said costs shall be the responsibility of the developer or owner.

(Ord. 1516-NS, eff. June 5, 2009)

Where City crews are involved in repairs or maintenance wherein such work is either done on a private system at the request of the private party or for the protection of the City's system or where the work is a result of damage to the City facilities by a private individual or company, then the City shall charge that individual or company. Such charges shall include materials, equipment, labor, all as determined by the Public Works Department, and overhead at a rate set by Council action.

(Ord. 1516-NS, eff. June 5, 2009)

The monthly charge shall be a fixed amount as set by Council action dependent upon the size of the connection.

(Ord. 1516-NS, eff. June 5, 2009)

There shall be a charge for the disconnection of a service; there shall also be a separate charge if service is restored between the hours of 5:00 p.m. and 8:00 a.m. on weekdays, or on Saturdays, Sundays or holidays. Both charges shall be set by Council action.

(Ord. 1516-NS, eff. June 5, 2009)

The Public Works Department shall prepare and collect charges for work performed or damages incurred as follows where the charges shall be based upon the costs incurred including an amount for overhead by Council action.

(a) Charges to change the size of a meter or the location of the meter;

(b) Charges for water meter testing;

(c) Charges to replace a damaged meter box where the party responsible for the damage is known;

(d) Charges to replace meter box covers if requested by a customer or damaged by the customer;

(e) Charges for damage to fire hydrants or any other public water facilities where the responsible party is known. The damage can be either accidental or a result of tampering. The responsible party shall be charged for the costs of repairs plus the cost for any water lost or consumed. Unless the charges are paid within the specified time period, the City may discontinue water service to the customer and/or bring legal action for collection.

(f) Charges to a contractor with an encroachment permit when a water system shutdown occurs more than one time during the permit period through no fault of the City.

(Ord. 1516-NS, eff. June 5, 2009)

In addition to those discussed above, various fees and charges shall be adopted by Council action including the following: Administrative, fees such as plan check, fire flow calculations, inspection, easements and other legal documents, quitclaim and special agreements, reproduction charges, fire service charges, back flow prevention charges, interest penalties and other similar charges.

(Ord. 1516-NS, eff. June 5, 2009)

(a) Purpose. Water Shortage Stage (Drought) Rates are temporary water rate adjustments designed to maintain the financial stability of the City’s Water Enterprise during periods of reduced customer demand resulting from declared water shortages.

(b) Authority. City Council may establish Water Shortage Stage (Drought) Rates by resolution. These rates shall be consistent with the City’s adopted Water Shortage Contingency Plan and may be implemented only during a declared water shortage stage. City Council shall have sole discretion to determine when to activate such rates during any declared water shortage stage, provided the selected rate stage corresponds to an equal or more severe shortage condition than the currently declared stage.

(c) Implementation. Adoption of a drought stage by City Council does not automatically activate drought stage rates. City Council shall take separate action to implement such rates as necessary to ensure recovery of revenue shortfalls attributable to reduced water sales; however, the declaration of a water shortage stage and the activation of Water Shortage Stage (Drought) Rates may occur concurrently within the same City Council action.

(1) Customers shall be notified at least thirty (30) days prior to the effective date of any Water Shortage Stage (Drought) Rate implementation, through reasonable and effective methods, which may include mailed, electronic, or published communication, as required by law.

(d) Rate Schedule. The specific Water Shortage Stage (Drought) Rates, including applicable surcharges or multipliers for each customer class and rate tier, shall be established by resolution of the City Council and may be amended from time to time.

(e) Duration. Water Shortage Stage (Drought) Rates shall remain in effect only for the duration of the declared water shortage stage. These rates shall terminate automatically on the day following City Council’s rescission of all declared water shortage stages. When City Council declares a less severe water shortage stage, the Water Shortage Stage (Drought) Rates shall, unless otherwise directed by City Council action, automatically adjust the next business day to the rate level corresponding to the new declared stage, provided that such rate does not exceed the equivalent drought rate authorized for that stage. When a more severe water shortage stage is declared, City Council shall determine by resolution whether to maintain the existing rate level or implement the higher stage rate.

(§ 3 Ord. 1743-NS, eff. January 2, 2026)