Victorville Municipal Code Ch. 10.04 Victorville Water District Water Regulations and Service

(a) In establishing its procedures, the board of directors (the "board") has:

(1) Given notice of the public hearing to be held in connection with this chapter and the district has complied with all notice and public hearing requirements of the law; and

(2) Received, reviewed and given due consideration to the evidence presented in connection with the procedures established by this chapter, including the various reports and other information received by the board of directors in the course of its business; and

(b) The board has found that the adoption of this chapter is exempt from the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) in that it is not a project as provided for under Section 15601(b)(1) of Title 14 of the California Code of Regulations ("CCR"); in that it does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

(c) Authority and enabling statutes. This chapter is adopted pursuant to the applicable provisions of Division 12 of the Water Code, the applicable provisions of the Government Code, and further pursuant to the Constitution of the State of California. The district is further authorized by Water Code Section 31027 to prescribe and define by ordinance those restrictions, prohibitions and exclusions it may determine to be necessary pursuant to the California Constitution Article X, Section 2 and Water Code Sections 31026, 375-377 and 1009 to restrict the use of district water during threatened or existing water shortages. It is therefore the intent of the board of directors to establish by this chapter those procedures and policies necessary to the orderly administration of a water conservation program to prohibit waste and to restrict the use of water during a water shortage emergency.

(d) Short title. This chapter may be cited as the "Victorville Water District Water Regulations and Service Ordinance".

(e) Purpose. This chapter is intended to provide rules and regulations applicable to the administration and operational activities of the district. This chapter may be amended from time to time by action of the board of directors of the district. If not otherwise provided, such amendments shall be done by ordinance.

(f) Application. This chapter shall apply to all water facilities constructed, maintained, and operated by the district and all water services provided by the district.

(g) Words and phrases. For the purpose of this chapter all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number; and all words in the singular number shall include the plural number.

(h) Means of enforcement. The district hereby declares that the procedures contained herein are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations and not as a penalty.

(i) Notices. Whenever a notice is required to be given under this chapter, unless different provisions are specifically made herein, such notice may be made by a good faith effort to provide such notice either by personal delivery thereof to the person to be notified or by deposit in the U.S. Mail in a sealed envelope, postage prepaid, addressed to such person at his/her last known business or residence address as the name appears on public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. Proof of giving any notice may be made by the certificate of any officer or employee of the district or by affidavit of any person over the age of eighteen years, which shows service in conformity with this chapter or other provisions of law applicable to the subject matter concerned.

(j) Ruling final. All rulings of the district shall be final. All rulings of the authorized administrator shall be final, unless appealed in writing to the board within five business days of the authorized administrator's decision. When appealed, the board's ruling shall be final. Appeals to the board shall be processed in accordance with section 10.04.060 of this chapter.

(k) Investigative powers. In order to enforce the provisions of this chapter, the district may enter upon the private property of any person within the jurisdiction of the district in accordance with Water Code Section 31016, which includes procedures for emergencies.

(Ord. No. VWD-004, § 1, 5-17-11)

Unless the context specifically indicates otherwise, the following terms and phrases shall have the meanings hereinafter designated.

"Applicant" shall mean the person making application for water service from the district and who shall be the owner of the property and/or premises involved, or an authorized agent or assignee, so authorized in writing to the district. Where a property is already receiving water service from the district and no application for such service has been submitted to the district, the owner of the property shall be recorded as the applicant.

"Authorized administrator" shall mean the person or position so designated in an authorized resolution of the board, or the duly authorized designee of such authorized administrator. Where there is no such designation in an authorized resolution, the director of district, or his/her duly authorized designee shall act as the authorized administrator.

"Board" shall mean the Board of Directors of the Victorville Water District, acting in its capacity as the governing body of the district.

"Connection" shall mean the pipe line and appurtenant facilities such as the curb stop, meter and meter box, all used to extend water service from the main to premises, the laying thereof and the tapping of the main. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

"Cost" shall mean the cost of labor, materials, transportation, supervision, engineering, and all other necessary overhead expenses.

"County" shall mean the County of San Bernardino, California.

"Customer" shall mean any person supplied or entitled to be supplied with water service by the district and who shall be the owner of the property and/or premises involved, or his/her authorized agent or assignee, so authorized in writing to the district.

"Customer's service valve" shall mean a valve independent of the district's facilities located in the customer's piping, the operation of which will control the entire water supply from the meter.

"Cross-connection" shall mean any actual or potential connection or structural arrangement between the public water system or consumer's potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can occur are considered to be cross-connections.

"District" shall mean the Victorville Water District, a county water district formed under the provisions of Water Code Section 30000 et seq., within San Bernardino County, California, and a subsidiary district of the City of Victorville (the "city"). The members of the city council serve ex-officio as members of the board.

"Engineer" or "district engineer" shall mean a person or firm appointed by the board to act as an engineer of the district, and who shall be registered as a civil engineer by the State of California.

"May" shall mean any act, service, or performance that is permissive.

"Meter" shall mean the water meter, meter valve, curb cock, wheel valve, other valve, whether located within the meter box or not, along with any other appurtenances, equipment or facilities used for the purpose of rendering water service or the making of such water services available to the premises. Meters are the property of the district and are to be installed and operated only by authorized district personnel.

"Owner" shall mean the person owning in fee title, or in whose name the legal title to the property appears, by deed duly recorded in the county recorder's office.

"Permit" shall mean any written authorization required pursuant to this or any other regulation of the district.

"Person" shall mean any human being, individual, firm, company, partnership, association and private, public or Municipal Corporation, the United States of America, the State of California, district, special district, and any other political subdivision, governmental agency, or other public entity or agency.

"Premises" shall mean a lot or parcel of real property under one ownership, except where there are well-defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by several tenants, in which case each portion shall be deemed separate premises. Apartment houses and office buildings may be classified as separate premises.

"Private fire protection service" shall mean water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities are installed on private property for fire protection and the water available therefore.

"Public fire protection service" shall mean the service and facilities of the entire water supply, storage and distribution system of the district, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

"Regular water service" shall mean water service and facilities rendered for normal potable domestic, commercial and industrial purposes on a permanent basis, and the water available therefore.

"Residential" shall mean any single family unit, any duplex or triplex family unit not requiring licensing for occupancy and operation.

"Secretary" shall mean the secretary to the board.

"Shall" or "will" shall mean any act, service, or performance that is mandatory or otherwise required.

"Temporary water service" shall mean water service and facilities rendered for construction work and other uses of limited duration, and the water available therefore.

"Waste" shall mean any unreasonable or non-beneficial use of water, or any unreasonable method of use of water, including, but not limited to; the use of water for any purpose which allows flooding or runoff in gutters, driveways, streets or adjacent lands; the use of water in violation of any of the specific uses prohibited and restricted by this chapter as hereinafter set forth; or the use of water in violation of any other ordinance or resolution of the district either in effect at this time or as hereinafter adopted.

"Water" shall mean water in any form or condition supplied by the district.

"Water service connection" shall mean the connection of a meter or service to district systems or facilities; the installation of a meter or service connection.

"Water system" shall mean all property owned by the district for the production, transmission, collection, storage or treatment of water.

(Ord. No. VWD-004, § 2, 5-17-11)

(a) Water system. The district will furnish a system, plant, works and undertakings used for and useful in obtaining, conserving, providing and disposing of water for public and private uses, including all parts of the enterprise, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment.

(b) Standard requirements for water system. As permitted by law, the board may, from time to time, adopt standard requirements for the design, construction, repair and maintenance, or connection to the district water system in addition to those set forth in this chapter in a manner that is authorized by law.

(Ord. No. VWD-004, § 3, 5-17-11)

(a) Initiating water service. The owner of the property and/or premises that has been connected to a district meter, or his/her authorized agent or assignee, so authorized in writing to the district, shall make application for water service in accordance with the district's policies and procedures in effect from time to time. Such owner or owner agent shall personally sign an application for water service form provided by the district and pay those fees, charges and deposits required for new water service pursuant the several provisions of this chapter or as prescribed in the most recent resolution adopted by the board of directors.

(b) Connection, reconnection and service turn-on. The owner of the property and/or premises that has been connected or reconnected to a district meter, or his/her authorized agent or assignee, so authorized in writing to the district, shall be present when water services are initially provided by the turn-on or opening of the water meter valve, curb cock, or wheel valve to the property and/or premises by the district. Such owner or agent shall be responsible for all water leaks, open valves or fixtures, or other water which may cause damage to the property and/or premises. The district's jurisdiction and responsibility ends at the property line or right-of-way and the district shall in no case be liable for or assume any responsibility for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes inside the property line or outside of the district's right-of-way. In the absence of such owner or agent, the property owner may waive all rights to redress for damages caused by the turn-on or opening of the water meter valve, curb cock, or wheel valve by the district. Such waiver must be signed by the owner or assignee and submitted to the district prior to service turn-on.

(c) Number of services per premises. The applicant may apply for as many services as may be reasonably required for his/her premises provided that the pipeline system for each service is independent of the others and that they not be interconnected.

(d) Authorized water service connections. It shall be unlawful to maintain a water service connection except in conformity with the following rules:

(1) Separate building. Each house or building under separate ownership shall be provided with a separate connection.

(2) Single connection. Not more than one service connection of water supply shall be installed for one building, except under special conditions.

(3) Different owners. A service connection shall not be used to supply any adjoining property or property across a street, alley or easement.

(4) Divided property. When property provided with a service connection is divided, the service connection shall be considered as belonging to the lot or parcel of land which it directly enters.

(5) Multiple buildings. Multiple houses or buildings under one ownership and on the same lot or parcel of land may be supplied through the same service connection provided that the service connection shall be of such size to adequately serve said houses or buildings.

(6) Commercial landscape irrigation. Separate service connections made after January 1, 2008 are required for all nonresidential/commercial customers where the connection exclusively serves property with one thousand square feet or more of irrigated landscape pursuant to California Water Code Section 535 and CCR Title 24, Part 11, Section 5.304 and other applicable statutes as may be enacted or amended from time to time.

For separation of service connections in existence prior to January 1, 2008, nonresidential/commercial customers may request a new connection to be used exclusively in serving one property with one thousand square feet or more of irrigated landscape. Such separate connection shall be made at a location and in a manner determined by the Water District.

(e) Size and location of water connections. The district reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. Service installations will be made only to property abutting on distribution mains as have been constructed in public streets, alleys or easements, or to extensions thereof as herein provided. Services installed in new subdivisions prior to the construction of streets in advance of street improvements must be accepted by the applicant at the installed location. The laying of the property owner's pipeline to the curb shall not be done until the location of the service connection has been approved by the district. Curb and gutter shall be installed before water mains or service is to be installed for all subdivisions.

(f) Ingress and egress. Representatives of the district 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.

(g) Changes in owner's or customer's equipment. Owners or customers making any material changes in the size, character, or extent of the equipment or operations utilizing water service, or whose change in operations result in a significant increase in the use of water, shall give the district written notice of the nature of the change five business days prior to the change.

(h) Unsafe apparatus. Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers.

(i) Cross-connections. Pursuant to Title 17, Division 1, Chapter 5 of the California Code of Regulations, the district is responsible to protect the public water supply system from the possibility of contamination or pollution by isolating within the consumer's internal distribution system(s), the consumer's private water system(s), or a consumer's temporary water distribution system such contamination or pollution which could backflow into the public water supply system. Water service may be refused or discontinued to any premises where there exists an actual or potential cross-connection as defined in this chapter.

(j) Meters. Meters are the property of the district and are to be installed and operated only by authorized district personnel.

(1) Change in location of meters. Meters moved for the convenience of the customer will be relocated at the customer's expense. Meters moved to protect the district's property will be moved at district expense.

(2) Access to meters. The district reserves the right to enter upon the customer's premises for the purpose of reading, repairing or replacing the water service meter. The customer is responsible for the removal of any structure, equipment, or obstruction that inhibits the free access of the district to its equipment or property located on any premises. The customer shall be solely responsible for the control of all animals which may pose a potential threat to district employees and shall be liable for any injury to district employees resulting from unrestrained animals. Should an applicant for new service fail to properly restrain animals present on his/her property, the district may, upon written notice, refuse to install or turn on service until such time as the district determines that a threat to its employees no longer exists. In the case of existing customers, where District employees may encounter some personal risk in attempting to read a meter (due to the presence of unrestrained animals, or otherwise), the employee is not required to read the meter, and the customer's bill will be estimated based upon a reasonable method. At the request of the customer, the meter may be read in the presence of the customer or someone of his/her choosing, so that over estimates and under estimates of use may be rectified on the bill.

(k) Curb cock. Every service connection installed by the district shall be equipped with a curb cock or wheel valve on the inlet side of the meter. Such valve or curb cock is intended for the exclusive use of the district in controlling the water supply through the service connection pipe. If the curb cock or wheel valve is damaged by the owner's or consumer's use to an extent requiring replacement, such replacement shall be at the owner's expense.

(l) Customer's service valve—Control valve on the customer property. The property owner shall provide a valve on his/her side of the service installation to control the flow of water to the piping on his/her premises. The customer shall not use the service curb stop to turn water on and off for his/her convenience. A hand valve (can be turned on or off without the aid of any tool) located on the downstream (customer side) of the meter may be turned off or on by the customer or authorized agent on a temporary, emergency, or seasonal basis. The customer shall be fully responsible for any damages or loss resulting from such use of the hand valve.

(m) Customer responsibility for equipment. The customer shall, at his/her own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the district shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence, fault, or other wrongful act of the customer or of any of his/her tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, operating or interfering with such equipment. The district shall not be responsible for damage to property, including but expressly not limited to any damage caused by faucets, valves and other equipment, which are open when water is turned on at the meter, either originally or when turned on after a temporary shutdown.

(n) District responsibility for equipment on customer premises. All facilities installed by the district on private property for the purpose of rendering water service shall remain the property of the district and may be maintained, repaired or replaced by the district 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 and maintenance of safe access to or past such facilities including all meter boxes.

(o) Service connections maintenance. The service connection extending from the water main to the property line and including the meter, meter box, and curb cock or wheel valve shall be maintained by the district. All pipes and fixtures extending or lying beyond the property line or right-of-way shall be installed and maintained by the owner of the property.

(p) Damage to water system facilities. The property owner shall be liable for, and water service will be discontinued for damage to the district's water production, distribution, transmission and storage facilities including all service facilities, when such damage is from causes originating on the premises by an act or omission of the owner or his/her tenants, agents, employees, contractors, assignees or licensees, including the breaking or destruction of locks or seals 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 owner's premises. Prior to the district continuing water service, the owner shall pay for all repairs and/or replacement of the damaged facilities plus all applicable charges, which shall include legal, administration and overhead. The district shall be reimbursed by the owner for any such damage promptly on presentation of a bill.

(q) Maintenance of water pressure and pressure conditions. The district shall not accept any responsibility for the maintenance of pressure and it reserves the right to discontinue service while making emergency repairs, or other work required on the water system as determined by the authorized administrator. Customers dependent upon a continuous supply should provide emergency storage. All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection, and to hold the district harmless for any damages arising out of low pressure or high pressure conditions or interruptions of service.

(r) Interruptions in service. The district shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the district.

(s) Water loss. The district's jurisdiction and responsibility ends at the property line and the district will in no case be liable for or assume any responsibility for damages occasioned by water running from the customer's open or faulty fixtures, or from broken or damaged pipes inside the property line.

(t) New water service connections. All new water service connections shall comply with the rules and procedures of this section.

(1) Will serve letters. Submission of an application for water service connection(s) must be made in writing to the District in the form of a "will serve" letter. Any and all "will serve" letters must be approved in writing by the authorized administrator, or his or her approved designee.

(2) New water service fees and deposits. The receipt by the district of payment by the applicant of the district fees, charges and deposits required by section 10.04.050 of this chapter.

(3) Additional requirements. Additional conditions as may be required from time to time.

(4) Installation of new service connections. Only duly authorized employees or agents of the district shall be authorized to install service connections. All service connections shall comply with the specifications of the district. Meters will be installed in the parkway area, and shall be owned by the district. No rent or other charge will be paid by the district for a meter or other facilities, including connections. All meters will be sealed by the district at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents.

(u) Main extensions. General water main extensions may be made within the district as follows:

(1) Property owners. Owners of property desiring the district to install the extension of one or more water mains to serve such property shall deposit with the district the estimated cost per foot for all frontage to be benefitted from said main extension as determined by the district. Deposit shall be estimated at cost per foot.

(2) Application. Any owner of one or more lots or parcels of land, or subdivider of a tract of land, desiring the extension of one or more water mains to service such property shall make a written application therefore to the district. Said application shall contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the district. Said application shall also be accompanied by a map showing the location of the proposed connections. The application shall be made a minimum of twelve business days prior to a regular meeting of the board of directors.

(3) Investigation. Upon receipt of the application, the authorized administrator shall make an investigation and survey of the proposed extension and shall report his/her findings to the board, including the estimated cost thereof.

(4) Ruling. The board shall thereupon consider said application and report; and, after such consideration, reject or approve it.

(5) District lines. All extensions thus provided for, in accordance with these regulations, shall be offered for dedication to the district and, upon acceptance of the dedication by the district, shall become and remain the property of the district.

(6) Dead-end lines. No dead-end lines shall be permitted except at the discretion of the district and, in cases where circulation lines are necessary, shall be designed and installed as part of the cost of the extension. Any dead-end line permitted shall have a flush-out provided by the applicant at his/her expense.

(7) System requirements. At the time of laying out and subdividing or re- subdividing any tract or parcel of land within the district, the owners of said tract or parcel of land shall, at their own expense, provide for such water mains, valves, fire hydrants, services, and appurtenances as may be necessary for the distribution of water to each lot, piece, or parcel of land. The service shall be carried to the lot line and clearly marked on the property. When installed, such mains, valves, fire hydrants, services, and appurtenances shall be offered for dedication to the district and, upon acceptance by the district shall become the property of the district. The owners shall provide to the district a detailed as-built blueprint signed by a registered civil engineer, and a CAD disc {AutoCad format) of the water system.

(8) Specifications. The size, type, and quality of materials and location of the lines, fire hydrants, and valves shall be specified by the district and the actual construction shall be done by a contractor acceptable to the district in accordance with the district's master plan and specifications, and supervised and inspected by the district. Inspection fees shall be established by board resolution and deposited with the district prior to construction approval. Nothing herein is intended to make the contractor an employee or agent of the district.

(9) Payment of cost of oversized mains. In the event the district elects to install mains of greater size than shall be adequate to supply any new subdivision with water and fire protection, as determined by the district, the owner or owners of the proposed subdivision shall not be required to pay more than the cost of mains which, in the opinion of the district, are adequate to supply such subdivision with water and fire protection, but no other adjustment of the cost of installation shall be made.

(10) Pay back agreements. When main extensions are made by the district and paid for by an applicant and said main extension shall be of benefit to another person or persons in the future, said applicant shall enter into a payback agreement with the district. The pay back agreement shall provide for a refund payment for main service charges collected by the district for service connection to a main, paid for by new applicant. The pay back shall be computed on the basis of actual cost to the person making the original main extension per front foot benefitted for which the main service charge is collected. Pay back agreements are not transferable. All pay back agreements shall become null and void ten years from the date first written.

(11) Property of district. Upon completion of such installation, the facilities shall be dedicated to the district and, upon acceptance of the dedication by the district, shall become and remain the property of the district.

(v) Subdivisions.

(1) Application. A person desiring to have water services provided within a tract of land which he or she proposes to subdivide within the district's boundaries shall make written application therefore. Application shall be made a minimum of twelve business days prior to a regular meeting of the board of directors.

(2) Contents. 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 a deposit for expenses involved in investigation.

(3) Investigation. Upon receiving the application and deposit, the authorized administrator shall make an investigation and survey of the proposed subdivision and shall report his/her findings to the board, including a recommendation as to the facilities required and the estimated cost of the proposed water system therefore.

(4) Ruling. The board shall thereupon consider said application and report; and, after such consideration, reject, or approve it. If approved, applicant will receive conditional "will serve" letter valid for one year. Applicant can apply for extension to "will serve" letter.

(5) System requirements. At the time of laying out and subdividing or re- subdividing any tract or parcel of land within the district, the owners of said tract or parcel of land shall, a their own expense, provide for such water mains, valves, fire hydrants, services, and appurtenances as may be necessary for the distribution of water to each lot, piece, or parcel of land. The service shall be carried to the lot line and clearly marked on the property. When installed, such mains, valves, fire hydrants, services, and appurtenances shall be offered for dedication to the district, and upon acceptance by the district shall become the property of the district. A detailed blueprint of the water system shall be signed by a registered civil engineer and CAD disc (AutoCad format) shall be supplied to the district.

(6) Specifications and construction. The size, type, and quality of materials and location of the lines, fire hydrants, and valves shall be specified by the district and the actual construction shall be done by a contractor acceptable to the district in accordance with the district's master plan and specifications, and supervised and inspected by the district. Inspection fees shall be established by the board and deposited with the district prior to construction approval. Nothing herein is intended to make the contractor an employee or agent of the district.

(7) Property of district. All facilities, upon completion and final inspection, shall be offered for dedication to the district, and upon acceptance of dedication, shall become the property of the district.

(8) Water rights and improvements. Whenever land is to be subdivided, any water well, water-bearing land, mains, and easements needed therefore which may be appurtenant thereto or which may be used exclusively thereon shall be deeded to the district in consideration of the district's approving any application for water service to such tract or subdivision. Said deed to the district shall be executed before any such application shall be approved by the district; provided, however, that where water wells and equipment as described in this paragraph are used to supply water to additional land not subdivided, such wells and equipment may continue to supply the un-subdivided portion previously served until such time as the total area served is subdivided.

(w) Annexations.

(1) Application. A person desiring to annex land to the district shall make written application accompanied by maps showing location and area of the land with legal description.

(2) Terms of annexation. Terms and fees shall be determined by the board, but in all cases, transfers of water rights, wells, and springs shall be made to the district.

(3) Annexations of developed land. Owner or owners of land requesting annexation to the district, where said land is developed, shall, at their own expense, provide for such water mains, valves, fire hydrants, services, and appurtenances as may be necessary for the distribution of water to each lot, piece, or parcel of land as a condition of annexation. The service shall be carried to the lot line and clearly marked on the property. When installed, such water improvements shall become and be the property of the district. Any existing water system or portion thereof in the annexed section shall first be brought to the design standards of the district at the expense of the owner or owners of property desiring annexation. Extension of water mains to uninhabited or underdeveloped land proposed to be annexed to the district shall be made in compliance with the main extension and/or subdivision policies for subdivisions as herein set forth.

(x) Supply from hydrants.

(1) Primary hydrant use. Hydrants are primarily for use by the district and by organized fire protection. Other persons desiring to use hydrants for any purpose must first obtain written permission from the district in the form of a hydrant flow meter permit and shall operate the hydrant(s) in accordance with all instructions issued by the district. The district and, in the event of an emergency, fire protection agencies, reserve the right to interrupt and/or remove any hydrant flow meter without prior notice.

(2) Temporary secondary use. All other uses of district hydrants are for temporary secondary use, for which a hydrant flow meter permit (permit) is required. A written application, accompanied by a security deposit in an amount equal to the current estimated cost of the hydrant flow meter, must be submitted to the district for each permit. The submission to the district of an application for a permit shall constitute a written commitment by the applicant to operate the hydrant flow meter for which the permit is sought, in strict accordance with the policies and procedures of the district. A separate permit and deposit is required for each hydrant flow meter to be operated. The location of the hydrant which shall be used shall be determined by the district. Where a meter may be used in various locations, the district will approve all permissible locations in advance and the permit holder is responsible for contacting the district when a meter is to be removed from a given location. In no case may any district meter be used outside the district.

(3) Protection of district equipment and property. The holder of a permit shall exercise the utmost care to protect and prevent damage to the hydrant flow meter, the hydrant, and other district equipment, infrastructure components and property which are involved in the furnishing of temporary water service until such time as the equipment has been returned to the district. The flow meter must be used as issued and may not be altered or modified without explicit district authorization.

(4) Meter availability. The applicant shall make the hydrant meter available as prescribed by the district for reading on a periodic basis. The customer shall provide such consumptive and other data to the district in a manner and at such times as shall be requested.

(5) Reading and inspection of hydrant flow meters. The district reserves the right to inspect and read all hydrant flow meters at any time. The district will obtain readings and require inspections pursuant to district procedures as established by the authorized administrator. Failure to follow established district procedures will subject the permit holder to charges as established by a duly adopted resolution of the board of directors. On the occurrence of the third (3rd) such failure to provide a reading, to bring the meter in for inspection, of other failure to follow the district's policies and procedures governing the permit, the permit shall be revoked and the hydrant flow meter shall be returned to the district.

(6) Billing. All charges for temporary secondary use water service will be billed as established by district procedure.

(7) Expiration/termination of hydrant flow meter permit. Upon the expiration or earlier termination of the permit and return of the hydrant flow meter to the district, the district will inspect and secure the hydrant flow meter. The district will then provide the holder of the permit with a closing bill which will reflect the deduction of all penalties and charges from the security deposit posted with the district and which will reflect any balance then due to the district.

(8) Unauthorized operation of district hydrant. Operation of a district hydrant without both the requisite hydrant flow meter and permit is unauthorized and shall subject the operator and the person and/or entity for whose benefit the hydrant is being operated to the penalties and consequences enumerated in this chapter.

(9) Unauthorized use of hydrants. Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is and subject to a penalty charge for each occurrence as enumerated in this chapter.

(y) Fire protection.

(1) Public fire protection. The following pertains to the use of district facilities for public fire protection:

(A) Use of fire hydrants. Fire hydrants are for use by the district or by organized fire protection agencies pursuant to contract with the district. Other parties desiring to use fire hydrants for any purpose shall first obtain a permit from the district prior to use and shall operate the hydrant in accordance with instructions issued by the district. Unauthorized use of hydrants in violation of any provision of this section shall be penalized and/or prosecuted according to law. No provision herein shall preclude the district from taking any other legal actions to restrain any violation of this section.

(B) Moving of fire hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the district has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, they shall bear all costs of such charges, without refund. Any change in the location of fire hydrant shall be approved by the district and any other proper authority.

(2) Private fire protection service. The following pertains to the use of district facilities for private fire protection systems:

(A) Payment of cost. The applicant for private fire protection service shall pay the total actual cost of installation of the service from the distribution main to the service location including the cost of a reduced pressure detector assembly or other suitable and equivalent device, including any device, valve, meter, meter box; the extension from the distribution main, and any associated installed device, valve, meter, or meter box to become the property of the district.

(B) No connection to other system. There shall be no connection between this fire protection system and any other water distribution system on the premises.

(C) Use. There shall be no water used through the fire protection service except to extinguish fires and for testing the firefighting equipment.

(D) Charges for water used. Any consumption recorded on the meter will be charged as provided in district resolution except that no charge will be made for water used to extinguish fires where such fires have been reported to the fire department.

(E) Periodic rates. The periodic (approximately monthly) rates for private fire protection shall be established from time to time by resolution of the board of directors.

(F) Water for fire storage tanks. Water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the district in advance and an approved means of measurement is available.

(G) Violation of agreement. If water is used from a private fire service in violation of the agreement or this chapter, the district may, at its option, discontinue and remove the service.

(H) Meter. If the district does not require a meter, and if water is used through a fire service connection for any other purpose than extinguishing of fires, the district shall have the right to place a meter on the fire service connection at the owner's expense, or disconnect the entire water supply from such premises, in addition to any and all other civil and criminal remedies available by law.

(I) Additional service. The district shall have the right to take a domestic, commercial or industrial service connection from the fire service connection at the curb to supply the same premises as those to which the fire service connection belongs. The district shall also have the right to determine the proportion of the installation costs properly chargeable to each service connection, if such segregation of costs shall become necessary.

(J) Backflow prevention device. A reduced pressure detector assembly backflow prevention device shall be installed on all fire service connections of a type approved by University of Southern California Foundation for Cross-Connection Control and Hydraulic Research at the expense of the owner of the property.

(K) Water pressure and supply. The district assumes no responsibility for loss or damage due to lack of water or pressure, either high or low, and merely agrees to furnish such qualities and pressures as are available in its general distribution system. The service is subject to shut-downs and variations required by the operation of the system.

(Ord. No. VWD-004, § 4, 5-17-11; Ord. No. VWD-006, §§ 1, 2, 2-19-13)

(a) Adoption of fees and charges. Pursuant to the LAFCO Resolution and the District Rate Resolutions, the district has previously duly adopted and established fees, charges, and deposits pursuant to the enabling authority provided by the former VVWD Ordinance Number A-112-04 and former BMWD Ordinance Number 1995-8, which enabling authority is retained by the district. These fees, charges and deposits may be amended from time to time by duly adopted resolutions of the board. All fees and charges under this section for providing services or sales outside the district's jurisdictional boundaries shall be charged in such amounts as are sufficient to cover the costs associated with providing such extra-jurisdictional water and services as determined by a supported rate study.

(b) Adoption of rates for water service. Pursuant to the LAFCO Resolution and the District Rate Resolutions, the district has previously duly adopted and established water rates. These rates may be amended from time to time by duly adopted resolutions of the board.

(c) Adoption of administrative charges, fees and deposits. Pursuant to the LAFCO Resolution and District Rate Resolutions, the district has previously duly adopted and established administrative fees and charges. These administrative fees and charges may be amended from time to time by duly adopted resolutions of the board.

(d) Repair charge. The charge incurred by the district in repairing any damage to any district meters, water mains, water lines and/or any other appurtenances.

(e) Water rights charge. Charges in lieu of delivery of water rights for new service connections, and any other charge necessary for the purchase of replacement water.

(f) Water system design charge. A nonrefundable charge required for checking plans provided for all main extensions, service connections and/or special facilities or for requiring the preparation of engineering plans and drawings by district personnel or consultants.

(g) Accounting and processing fees. The district shall charge and collect against all delinquent assessments the fully burdened cost of collecting said delinquencies, including accounting and administration costs for services rendered by district staff, contract consultants and legal counsel.

(h) Unauthorized use of water charge. The district shall impose a charge on any person, organization or agency for each unauthorized use of district water, or for tampering in any manner with any meter belonging to the district.

(Ord. No. VWD-004, § 5, 5-17-11)

(a) Establishment of water service accounts. Except as set forth otherwise in this section, the rules, regulations, policies and procedures governing the billing, collection, and administration of water services shall be as set forth in such resolutions as the district may adopt from time to time by majority vote.

(b) Owner account in arrears. In accordance with Government Code Section 60370, et seq., for services provided or furnished to a master metered or an individually metered multiunit residential structure or mobile home park where the owner or owner assignee is listed by the District as the customer of record of the service, the district will make a good faith effort to inform the actual user(s) of the services, when the account is in arrears, by means of notice, that service will be terminated in ten calendar days. The notice shall further inform the actual users that they have the right to become customers of the district without being required to pay the amount due on the delinquent account.

(c) Liens for unpaid bills. Fees and charges for water services which remain delinquent for a period of sixty shall constitute a lien against the property to which the services were provided, pursuant to these rules, regulations and California Water Code Section 31701.5, et seq. or any successor statute, or as otherwise authorized by law, and any additional procedures related to liens, notification of property owners thereof and/or the district's election to collect water fees or charges on the county tax rolls. Any such additional procedures relating to the matters set forth in the preceding sentence shall be adopted by resolution by the board of directors.

(d) Upon vacating premises. Customers vacating the premises should so notify the district in writing a minimum of four business days prior to vacating the premises.

(e) Disputes.

(1) Right to meet. Should a customer have a complaint with regard to the application of any provision of this section of this chapter, any resolution implementing this section of this chapter, or any complaint or dispute with regard to water service, or the accuracy of a bill for water service or other charges, the customer has the right to meet with the authorized administrator to discuss the dispute and present any evidence the customer has to support their position. In the case of disputes over bills, the customer shall be required to submit his/her complaint, request for a meeting or request for initiation of an investigation in writing not later than five business days of his/her receipt of the disputed bill or not later than thirteen days of mailing of the notice of termination of water service.

(2) Arrangement of meeting. To arrange such a meeting the customer shall contact the district office, either in writing or by telephone during normal business hours as may be set by the board.

(3) Presentation of evidence. The customer may be accompanied by a friend, attorney, or other representative to meet with the authorized administrator or his/her designee and may present any evidence they may have to support their position. The authorized administrator must provide a written determination to the customer evidencing his/her findings within eight business days of his/her decision.

(4) Unresolved disputes. The customer may submit a detailed written appeal to the board of the authorized administrator's decision within twelve business days of the authorized administrator's decision.

(5) Appearance before the board of directors. Upon submittal of an appeal, which appeal has been submitted timely pursuant to subsection (4), the appellant may appear before the board at the next regularly scheduled board meeting, or at a board meeting in which the customer and the board agree, by notifying the district secretary not fewer than seven business days prior to the board meeting either by telephone or in writing of the date he or she wishes to attend and the subject matter of the dispute. The customer may then present the complaint and any evidence in support of his/her position and ask for a decision by the board.

(6) Board determination. The board shall provide a written response to the customer within eight business days of the board's final decision. The board may delay a resolution of the dispute to a subsequent regular meeting in order to investigate the dispute or receive special reports related to the dispute.

(7) Decision of the board. The decision of the board of directors shall be final.

(f) Service charges for violations. If water service is discontinued for violation of any of the district's rules, regulations, resolutions or ordinances, service shall not be reinstituted until the violations have been corrected and all applicable security deposits, service charges, fees, and penalties, as provided for herein have been paid.

(g) Multiple service accounts. Where multiple services are consolidated and recorded on a single customer account (such as, but not limited to, storm drain, solid waste, sewer, water, recycled water), additional fees and charges such as late fees, delinquency charges, service charges, and deposits may be assessed to the customer account on a consolidated basis as provided for by the enabling legislation. Such fees and charges will be applied to the consolidated customer account as determined by the authorized administrator or his/her designee.

(Ord. No. VWD-004, § 6, 5-17-11)

(a) Lost or unintentionally damaged district property. Lost or unintentionally damaged district property, including meters, connection devices, padlocks and other locking devices, shall be assessed to the customer at the actual repair or replacement cost, together with established labor and administrative costs.

(b) Unauthorized use or application of district water a misdemeanor. It is hereby declared to be a misdemeanor for any person or entity to use or apply any water received or obtained from the district in contravention of the provisions of this chapter.

(c) Waste of water. No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer's premises, the district may discontinue the service if such conditions are not corrected after giving notice of violation as provided in this chapter or as provided in any other ordinance, resolution, rule or regulation in effect at this time or as hereinafter adopted or amended.

(d) Unauthorized use of district facilities. The unauthorized use of district facilities in violation of this chapter is hereby deemed unlawful and to pose a potential threat to the public health and safety.

(1) Intentional unauthorized utilization of district equipment and facilities. The intentional unauthorized operation, connection, disconnection, reconnection, removal, replacement, alteration or other utilization of any district equipment, water system component or infrastructure, including but not limited to meters, valves, hydrants, pipelines, wells, pumps, tanks, and their component parts, is hereby deemed unlawful and to pose a potential threat to the public health and safety. The district shall seek the prosecution of any person or entity who willfully commits or causes another to commit, or who acts with callous disregard to the health and safety of others, the intentional unauthorized operation, connection, disconnection, reconnection, removal, replacement, alteration or other utilization of any district equipment, water system component or infrastructure.

(2) Inadvertent unauthorized utilization of district equipment and facilities. The inadvertent unauthorized operation, disconnection, removal or alteration of any district equipment, water system component or infrastructure, including but not limited to meters, valves, hydrants, pipelines, wells, pumps, tanks, and their component parts, is also deemed to pose a potential threat to the public health and safety. Accordingly, every unauthorized act or occurrence must be immediately reported to the district, so as to permit the district to promptly take appropriate action to remediate any damage and to protect the public health and safety.

(e) Damage to water system. It shall be unlawful for an unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the district's water system.

(f) Fraud or abuse. Service may be discontinued, up to and including the seizure of district-owned facilities, and penalties imposed, if necessary, to protect the district against fraud or abuse.

Fraud or abuse is the act of any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

(1) Divert, or cause to be diverted, water service by any means.

(2) Make or cause to be made any connection or reconnection to the district's water system without the authorization or consent of the district.

(3) Tamper with or otherwise interfere with any water meter or other water flow measurement device so as to prevent the accurate measurement of water use.

(4) Use or receipt of the benefit of water from the district's water system with knowledge or reason to believe that the use or receipt of such water is unauthorized by the district.

(5) Tamper with any property owned or used by the district to provide water service.

(6) A violation exists if, on premises owned or controlled by the customer or by the person using or receiving the direct benefit of the water service, there is either of the following:

(7) Any instrument, apparatus, or device designed to be used to obtain service without paying the full lawful charge therefore.

(8) Any meter that is altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of water service.

(g) Ground wire attachments. All persons are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the district. The district will hold the customer liable for any damage to its property occasioned by such ground wire attachments.

(h) Vandalism. Nothing in this chapter shall limit or impair the right of the district to take any and all appropriate measures to protect the district water system and its equipment and infrastructure from acts of vandalism. Graffiti shall be considered vandalism for purposes of this provision.

(i) Sabotage and terrorism. Nothing in this chapter shall limit or impair the right or ability of the district to take any and all appropriate action to protect the district's water system and other property from acts of sabotage and/or terrorism.

(Ord. No. VWD-004, § 7, 5-17-11)

(a) Violations. It shall be unlawful for any person to connect to, construct, install, provide, maintain or use any other means of water facilities from any building, structure, or premises in the area serviced with water provided by the district except by connection to water facilities in the manner as provided for in this chapter. It shall also be a violation if, on premises owned or controlled by the customer or by the person using or receiving the direct benefit of the water service, there is either of the following:

(1) Any instrument, apparatus, or device designed to be used to obtain service without paying the full lawful charge therefore.

(2) Any meter that is altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of water service.

(b) Device removal. The district may remove any device used in violation of this chapter.

(c) Non-compliance with regulations. As an alternative method of enforcing the provisions of this or any other ordinance, resolution, rule, or regulation of the district, the district shall have the power to disconnect the user or subdivision water service from the water mains of the district in accordance with any applicable law. Upon disconnection, an authorized representative of the district shall estimate the cost of disconnection from and reconnection to the system and such user shall pay the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system.

(d) Cost recovery for damages—Indemnification. Any damage to district property shall also subject the unauthorized user to the actual costs of replacement, repair, treatment and/or other remediation, together with such actual administrative and legal costs as the district may incur. The district shall be held harmless and indemnified by any person and/or entity for the costs of defense of any action brought for damages resulting from, and for any damages arising out of any unauthorized utilization of any district equipment and/or facilities.

(e) Notice of violation. Wherever or whenever practicable under the particular circumstances, which practicability shall be determined by the authorized administrator, any person found to be violating any provision of this or any other ordinance, resolution, rule or regulation of the district shall be served, by an authorized person, with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such time limit shall be reasonable and shall be specified in the notice. The offender shall, within the period of time stated in such notice, permanently cease all violations. Upon being notified by an authorized representative of the district of any defect arising in any water facility or of any violation of this chapter, the person or persons having charge of said work shall immediately correct the same. All persons shall be held strictly responsible for any and all acts of agents or employees done in violation of this chapter. No such notice to afford an opportunity to comply need be given in those instances in which the non-compliance may cause conditions dangerous and detrimental to public health, safety and welfare, or are in violation of state law or applicable sections of the California Penal Code.

(f) Relief on own motion. The board may, on its own motion, find that by reason of special circumstances, any provisions of its ordinances, rules or regulations should be suspended or modified as applied to a particular person or premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances or any part thereof.

(g) Liability for violation. Any person violating any of the provisions of this chapter or permitting or maintaining any property in violation hereof, shall be liable to the district for any expense, loss or damage, occasioned by the district by reason of such violation. Such liability shall be in addition to any other civil or criminal penalties imposed under this chapter or under any other provision of law.

(h) Administrative citation and fine.

1. A code enforcement officer may issue an administrative citation and fine for the violation of any of the provisions of this chapter as provided in section 1.05.060 of the Victorville Municipal Code, without prior issuance of a notice of violation.

2. The administrative citation fines shall be as follows:

i. A fine in the amount of one thousand dollars for a first violation;

ii. A fine in the amount two thousand dollars for a second violation occurring on a different date within six months of the first violation.

iii. A fine in the amount of three thousand dollars for a third violation and any subsequent violations occurring on a different date within six months of the second violation.

3. All administrative citation procedures, including appeal procedures, as set forth in sections 1.05.060 through and including 1.05.100 of chapter 1.05 of this Code shall be applicable to administrative citations issued for violations of this chapter.

4. Any person who has violated the provisions of this chapter shall be liable for any damage caused to the water district's property, facilities, or water delivery system, including the cost to repair or cost to remove and replace the damaged property or facilities. That person shall also be responsible for all costs associated with the disconnection of all illegal water use as well as all expenses, costs, fees and fines associated with the investigation of the charges, as well as all expenses and costs associated with any emergency response, by fire, police, building and safety and code enforcement departments as a result of a violation.

(i) Civil action. Upon approval of the board of directors, the district may bring civil action pursuant to Section 1882.1 of the California Civil Code to recover up to three times the actual damages suffered by the district, plus the cost of suit and reasonable attorney's fees, for a violation of the provisions of this section.

(j) Remedies. The remedies set forth in this chapter shall be in addition to all other remedies available to the district for violation of the provisions of this chapter or for any ordinance, resolution, rule or regulation of the district, or any provision of the federal, state or local law.

(Ord. No. VWD-004, § 8, 5-17-11; Ord. No. 2401, 1-21-20)