Wheatland Municipal Code Ch. 13.28 Administration and Enforcement

The water works system now belonging to the city, or which may hereafter be acquired or constructed by the city, shall be under the control and direction of the water committee, which shall be appointed annually by the chairperson of the city council, and shall hold office for the term of one year from and after their appointment. Such committee shall have power subject to the approval of the city council to build and keep in repair all of the water system, and to fix the rates to be charged for water to consumers annually in accordance with law.

(Ord. 13 § 1, 1925)

A. The office of water clerk is filled by appointment by the city council and shall serve during the pleasure of the city council.

B. The duties of water clerk shall consist of billing, collecting and bookkeeping system of the office. The water clerk shall be responsible for the collection and banking of all money due the municipal waterworks of the city and shall keep controlling records which will reflect control records and monthly transactions of individual accounts. The water clerk shall provide the city council with a monthly report, together with the number of consumers at the beginning of the month, the changes during the month and the number of consumers at the close of the month.

C. There shall be a segregation of water and sewer collections and two separate funds carried in the control ledger.

D. The salary of the water clerk shall be established by the city council from time to time.

E. The city council shall cause to be issued and shall maintain in good standing a fidelity bond conditioned upon the full and prompt deposit by the water clerk of all water service revenues with the city treasurer.

(Ord. 291 §§ 17 and 18, 1984; Ord. 298, 1985)

If a dispute arises between any landowner and the city water department concerning water service, the dispute may be settled by the water committee chairperson subject to the approval of the city council. The final decision and settlement of any such dispute shall be recorded in the book of minutes of the city council. The provisions and procedure provided for in this section are permissive only and shall in no way affect the other provisions of this title.

(Ord. 291 § 8, 1984)

The city council shall have the power to adopt additional rules and regulations for the distribution and delivery of water to consumers who take water from the city. Such rules and regulations when approved by the city council by resolution, shall be in full force and effect.

(Ord. 291 § 19, 1984; Ord. 298, 1985)

A. The city may refuse to furnish water and may disconnect service to any premises where apparatus, appliances or equipment is found by the water department to be dangerous or unsafe or where the use of water on such premises is found by the water department to be detrimental or injurious to the water service furnished by the city to other consumers or where the water department finds that negligent or wasteful use of water exists on any premises which seriously 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. The water chairperson and the water clerk are charged with the enforcement of all the provisions of this title. The chief of police and all police officers of the city shall be deputies of the water chairperson and the water clerk for such purpose.

(Ord. 291 § 20, 1984; Ord. 298, 1985)

The city council shall employ some competent person or engineer to run the engines and the pumps of the water system, and shall give him or her a compensation to be agreed upon by the city council.

(Ord. 13 § 4, 1925)

In implementing its water allocation policy, the city recognizes and acknowledges its obligation to grant a priority for the provision of available and future water resources and services to proposed housing developments that help meet the city's share of the regional housing need for lower income households as identified in the city's general plan housing element. In accordance with Government Code Section 65589.7, as the same exists or may hereafter be amended, the city establishes the following policy:

A. In the event the city experiences service limitations due to shortages in water supply or regulatory restrictions, the city shall, to the extent reasonably feasible, grant priority to proposed developments that include housing units affordable to lower income households, as such developments are defined in Government Code Section 65589.7(d).

B. In meeting its obligations under Government Code Section 65589.7 to provide priority water service for proposed developments that include housing units affordable to lower income households, the city shall take into account: (1) the Regional Housing Needs Allocation prepared by the Sacramento Area Council of Governments; and (2) other plans, documents and information that provide a reasonable basis for making service determinations.

C. Applications for proposed developments that include housing units affordable to lower income households shall not be denied, nor shall conditions be imposed thereon or services which are applied for be reduced, unless the city makes specific written findings that such denial, condition, or reduction is necessary due to the existence of one or more of the following:

1. The city does not have "sufficient water supply," as defined in paragraph (2) of subdivision (a) of Government Code Section 66473.7, or is operating under a water shortage emergency as defined in Water Code Section 350, or does not have sufficient water treatment or distribution capacity, to serve the needs of the proposed development, as demonstrated by a written engineering analysis and report;

2. The city is subject to a compliance order issued by the State Department of Public Health that prohibits new water connections; or

3. The applicant has failed to agree to reasonable terms and conditions relating to the provision of water service generally applicable to development projects seeking service from the city, including, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013.

D. The city shall not discriminate in any manner when considering and processing requests for service for developments that include housing units affordable to lower income households.

E. In the circumstance where the city has tentative and/or final subdivision map applications on record in excess of the water capacity available, the city shall determine which projects should receive such capacity based on the policy adopted by city council. The city shall notify in writing any project applicants that will not receive the available water capacity.

F. At such time as the city makes specific written findings for denial of service in accordance with this policy, the city shall also, if possible, establish written conditions whereby the applicant may address, remedy or resolve the city's findings, to the satisfaction of the city.

(Ord. 457 § 2, 2016)