Williams Municipal Code Ch. 13.04 Water

A. The city shall provide and furnish a water system, including a plant, works, mains, supply, storage, distribution facilities and equipment, for public and private uses, for the residences of the city.

B. The ownership of the system shall be vested in the city.

C. The management, control, maintenance and care of the water system of the city shall be vested in the city council, subject to its direction and delegation of duties.

D. The public works director of the city shall operate the water system under the direction of the council.

(Ord. 76-1 Paragraph 1 § 1, 1976).

No water from the city water supply shall be turned on for service into any premises by any person but the public works director or some person authorized by him to perform this service.

(Ord. 76-1 Paragraph 1 § 2, 1976).

A. No person shall take any water of the city or connect any service pipe to the city water mains without first making a written application to the city, and a permit therefor having been issued to the applicant by the city clerk. No connection permit shall be issued unless and until the applicable connection fee, as provided by resolution adopted pursuant to Section 13.04.210, has been paid by the applicant in full.

B. No person shall make a connection to an existing consumer's premises for the purpose of supplying water therefrom to any other separate dwelling unit, house trailer, commercial establishment or premises without first making application to the city and obtaining a permit therefor.

C. No person shall make a connection to or turn on a fire hydrant without prior authorization from the fire chief or the public works director, or their authorized agents who have received such authority in writing.

D. Water service shall not be provided to a new development project, and no water connection permit shall be issued, unless the city administrator, or his or her designee, finds that all of the following are satisfied:

1. The applicant's real property to be served is located in the city.

2. The applicant has paid in full the applicable connection fee and any other applicable deposits, fees and/or charges.

3. The applicant's real property to be served abuts an existing water main, or the applicant has entered into a water main line extension agreement with the city.

4. The city possesses an adequate treated water supply and capacity to serve the new development, or the applicant has entered into a water main line extension agreement or other agreement with the city to provide an additional treated water supply of adequate capacity, as determined by the city, for the new development.

5. The applicant has complied with all other applicable provisions of this code and other city ordinances, resolutions and policies.

E. The city shall not issue any building permit for a building or structure requiring water service until after a water connection permit for the building or structure has been issued.

(Ord. 61-91 § 2, 1991; Ord. 40-88 § 2, 1988; Ord. 76-1 Paragraph 1 § 3, 1976).

A. No water shall be turned on for service unless the user has submitted an application upon the terms and conditions stated herein. Application to have water turned on shall be made in writing to the city clerk, and shall contain an agreement by the applicant to abide by and accept all of the provisions of this chapter as conditions governing the use of the city water supply by the applicant.

B. No fee will be charged for service to be turned on during regular business hours.

C. A fee of twenty-five dollars shall be paid for turning water on weekends, holidays, and after regular business hours.

D. All turnon fees required must be paid in advance.

E. An application for service shall not be honored unless full payment has been made for all services previously rendered by the city to the applicant or property owner of the premises serviced.

(Ord. 76-1 Paragraph 1 § 4, 1976).

A. All water service from the mains to the premises served shall be installed by the city at the cost of the owner of the property served or the applicant, in accordance with the applicable connection fee to be provided by resolution adopted pursuant to Section 13.04.210.

B. The size, location and installation of such service lines shall be subject to the approval of the city building inspector and/or director of public works.

C. No service connection shall be permitted unless the applicant has complied with all of the conditions of the application as provided for in Section 13.04.040.

D. No service pipe shall be connected to the mains except as provided for under Sections 13.04.070 through 13.04.130 requiring installation of meters.

E. Service installations may be made only to properties abutting on a public street or abutting on distribution mains.

(Ord. 40-88 § 2, 1988; Ord. 76-1 Paragraph 2 § 1, 1976).

A. Any person requesting water service from the city which, in the city's judgment, necessitates an extension of a city water main(s) shall apply to the city for a water main line extension agreement. No water main shall be extended to serve any new development except pursuant to a water main line extension agreement entered into by the city and applicant. The provisions of a water main line extension agreement may be incorporated as part of a subdivision improvement agreement. The water main line extension agreement may include, but not necessarily be limited to, provisions concerning the design, engineering and construction of water system improvements at the sole cost and expense of the applicant; review and approval of plans and specifications by the city; dedication and transfer of land and rights-of-way from the applicant to the city; performance and maintenance guarantees from the applicant; city inspection, testing and acceptance of the water system improvements; and other terms and conditions the city finds necessary or appropriate in the public interest. The water main line extension agreement may also include provisions concerning the construction and installation of additional water supply, treatment and/or pumping facilities; oversizing of main lines as determined necessary by the city; and waiver of connection fees and/or reimbursement for oversizing of mains and/or installation of water supply, treatment and/or pumping facilities.

B. An application for a water main line extension shall be submitted pursuant to Section 13.04.040, and shall also contain a description and map of the property to be served, an explanation of the nature and extent of the development project, including the number and type of connections proposed to be served, and any other information which may be required by the city council, city administrator, public works director, city engineer or city building inspector.

(Ord. 61-91 § 3, 1991: Ord. 76-1 Paragraph 2 § 2, 1976).

All premises using the city water supply must be equipped with an adequate water meter furnished by the city but paid for by the consumer; provided, that such water service may be supplied by the city at a flat rate of charge until such meter may be installed. Before any premises are occupied, a water meter shall be installed therein as required in this section, or application made for such water service at a flat rate of charge until the meter can be installed and approved by the city clerk, or no water shall be furnished to such premises.

(Ord. 76-1 Paragraph 3 § 1, 1976).

No meter shall be installed unless the user has met the conditions of application provided in Section 13.04.040.

(Ord. 76-1 Paragraph 3 § 2, 1976).

Each dwelling unit, commercial establishment or separate premises receiving city water shall be separately metered, except apartment houses containing four or more dwelling units and house trailer courts.

(Ord. 76-1 Paragraph 3 § 3, 1976).

Meters shall be installed in a location that will be of easy access. Service installation may be made only to properties abutting on a public street or abutting on distribution mains. The charges for installing meters shall be established from time to time by resolution of the city council. The city council, in fixing charges for meter installations, shall base such charges on the current cost of the size meter required, connecting fittings and pipes, plus labor for installation. All meters will be sealed by the water department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents. The city reserves the right to meter any service and apply the established metered rate.

(Ord. 76-1 Paragraph 3 § 4, 1976).

A. The meter installation charge shall be paid by the consumer.

B. The consumer shall pay for the costs of changes in size of a water meter when the change in size is requested by him. Such cost shall be the current cost of the new meter, connections, fittings, pipes and labor for installation, as determined by the council. The consumer shall be allowed a credit on the old meter in an amount related to the size of the meter replaced, its condition and probable remaining useful life. Such charges shall be paid by the consumer at the time of making the application for service or service charge.

C. No charge will be made for moving meters or change in size if done for the benefit or convenience of the city.

(Ord. 76-1 Paragraph 3 § 5, 1976).

The service connection and meter, whether located on public or private property, is the property of the city, and the city reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.

(Ord. 76-1 Paragraph 3 § 6, 1976).

The service connection, including the meter and the meter box, will be repaired and maintained by the city. Such repairs, maintenance or replacement of connection, meter or box due to the ordinary wear and tear of normal use shall be an expense to the city. However, if maintenance, repair or replacement has been caused by vandalism or intentional destruction after July 1, 1976, such costs shall be charged to the owner of the premises or consumer, at the discretion of the director of public works.

(Ord. 76-1 Paragraph 3 § 7, 1976).

No water service shall be supplied to premises outside the city, except upon written application as provided for in Section 13.04.040 and prior approval by the city council.

(Ord. 76-1 Paragraph 4 § 1, 1976).

The applicant may apply for as many services as may be reasonably required for his premises, provided the pipeline system from each service shall be independent of the others and they shall not be interconnected. The cost of all services shall be borne by the applicant.

(Ord. 76-1 Paragraph 5 § 1, 1976).

All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The city may, in the case of emergency, repair any service pipes and, if this is done, the cost of such repair work shall be repaid to the city by the owner of the premises served.

(Ord. 76-1 Paragraph 5 § 2, 1976).

Excavations for installing service pipes or repairing same shall be made in compliance with the ordinance provisions relating to making excavations in streets; provided, that it is lawful to place any service pipe in the same excavation with, or directly over or under, any drain pipe or sewer pipe.

(Ord. 76-1 Paragraph 5 § 3, 1976)

A. No customer shall permit leaks or waste of water. Acts constituting water waste shall include, but shall not be limited to, failure to comply with the following schedule and restrictions when watering lawns, plants, and gardens or for using outdoor water for other purposes:

1. No lawn/garden watering or other outdoor use will be allowed between the hours of 8:00 a.m. and 8:00 p.m. every day, except Monday shall be a no water day.

2. No person shall water/irrigate outdoor ornamental landscapes or lawn with potable water more than two days per week (calculated as Sunday through Saturday).

3. Customers with street addresses ending in odd numbers shall only water/irrigate landscape or lawn with potable water on Tuesday, Thursday or Saturday.

4. Customers with street addresses ending in even numbers shall only water/irrigate landscape or lawn with potable water on Sunday, Wednesday or Friday.

5. Use of water to wash driveways, sidewalks, patios, parking lots, aprons and other similar exterior surfaces is prohibited except for sanitation, public health and safety, and fire protection purposes.

6. Watering/irrigating lawns or gardens such that excess water leaves the property or area being watered is prohibited.

7. Watering outdoor landscaping during and forty-eight hours following measurable precipitation is prohibited.

8. Washing vehicles, equipment or boats during restricted days or hours and/or using hoses without a shut-off nozzle is prohibited.

9. Sales or installations of the following water wasting devices and systems are prohibited in all new construction:

a. Automatic (self-regenerating) water softeners;

b. Single-pass cooling systems;

c. Non-recirculating conveyor car wash systems;

d. Non-recycling decorative water fountains.

B. When water is wastefully or negligently used on a customer's premises, the city may discontinue the service if such conditions are not corrected.

C. In addition to all other available remedies at law, this section shall be enforceable through the use of the administrative citation procedures set forth in Williams Municipal Code Chapter 8.16, Article VI.

(Ord. 76-1 Paragraph 5 § 4, 1976; Ord. No. 211-15, § 3(Exh. A), 4-29-15)

The taking of any water without full compliance to the requirements of this chapter shall be deemed an unauthorized taking and the city may discontinue the service. The city attorney or district attorney is authorized and directed to institute legal proceeding against anyone committing the unauthorized taking of city water as herein provided, including the unauthorized connection to or turnon of a fire hydrant.

(Ord. 76-1 Paragraph 5 § 5, 1976)

The director of public works shall read or cause to be read every meter used in the city at such times as are necessary that the bills may be sent out at the proper time.

(Ord. 76-1 Paragraph 5 § 6, 1976)

The rates and charges for water furnished by the city from the municipal water system and regulations governing the water service provided customers, from time to time, shall be established and adopted by resolution of the city council.

(Ord. 76-1 Paragraph 5 § 7(a), 1976)

A. For purposes of this section, the definitions provided at Section 7583 of Title 17 of the California Administrative Code shall be applicable.

B. The director of public works shall be responsible to protect the city's public water supply from contamination by cross-connections. The director of public works, or his agent, shall, from time to time, conduct surveys of water users in the city to identify water user premises where cross-connections are likely to occur. If, as a result of such survey or by other means, the director of public works learns of a cross-connection in the city, then he shall give written notice to the water user on whose premises such cross-connection is found informing such user that he must install an appropriate backflow protection device. The water user shall, within sixty days from the date of such notice, install such device, at his sole cost and expense, or remove the cross-connection to the satisfaction of the director of public works. If the water user fails to timely install such device or remove the cross-connection, then the city may discontinue water service to such premises until and unless the appropriate device has been properly installed.

C. The type, location and size of the appropriate backflow protection device required by this section shall be approved prior to installation by the director of public works. In approving such devices, the director shall follow the standards established by Section 7583 to 7605 of Title 17 of the California Administrative Code and the standards established by the American Water Works Association entitled "Standards for Reduced Pressure and Doublecheck Valve Backflow Protection Devices (AWWA C 506-78)", and other appropriate standards recognized in the waterworks industry.

D. After the installation of any backflow protection device required under subsection B of this section, the water user, at his sole cost and expense, shall cause to have such device inspected by an inspector who has been preapproved by the director of public works. A written inspection report must be submitted by the water user on an annual basis. If the inspection reveals that the backflow prevention device is not working properly, then the water user, at his sole cost and expense, shall cause such device to be repaired or replaced so that it is acting properly. If the water user fails to timely submit written inspection reports or fails to make required repairs or replacement, then the city may discontinue water service to the premises until and unless the water user has complied with the requirements of this subsection.

E. The director of public works, and his designated representatives, shall have reasonable access to any water user's premises for purposes of making inspections and surveys for cross-connection control, inspections of installed backflow prevention devices, and as otherwise necessary to protect the public water supply against cross-connections. If any water user refuses entry by, or hinders or prevents inspection by the director or his representative, then the city may discontinue water service to the premises until and unless entry is allowed.

(Ord. 42-88 § 2, 1988)

A. The responsibility for payment for water furnished by the city shall be that of the owner or owners of the real property to which the water is furnished as determined by the current property tax roll of the county assessor, even if the consumer of the water is not the owner of the premises.

B. If the consumer of the water is not the owner, or the subject property is now rented and/or the tenant occupant is paying for services, the responsibility of the property owner shall become effective only on a change of tenant or occupant, or other transfer of any interest in the property.

C. It shall be the responsibility of the property owner to provide the city financial officer with a current billing address and to notify same of any changes.

D. The failure to pay all or any charges for water furnished by the city as due and payable as provided in Section 13.04.030 may result in a disconnecting of service to the premises and/or a lien against the property.

E. In the event that any person fails to pay any charge or charges provided in this chapter when the same become due, or is delinquent in payment thereof, the city may collect such delinquent charges and penalties when recorded as provided in the Revenue Bond Law of 1941 (commencing at Government Code § 54300) and other applicable statutes, and such delinquent charges and penalties shall constitute a lien upon the real property served, and such lien shall continue until the charges and all penalties are fully paid or the real property is sold therefor. Whenever any charge provided by this chapter becomes delinquent, the city clerk may file with the recorder of Colusa County, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the delinquent charges, and a notice that the city claims a lien for this amount, as well as for all subsequent charges for water service, if any, and for applicable penalties.

If the consumer of water whose bill is unpaid is not the owner of the premises, and the clerk has notice of this, then notice shall be mailed to the owner of the premises, if his address is known to the clerk, whenever such bills remain unpaid for a period of sixty days after it has been rendered.

The failure of the clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for unpaid water bills as mentioned in the following section.

F. Property subject to a lien for unpaid water charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case is the foreclosure statutory liens. Such foreclosure shall be by bill in equity in the name of the city.

The city attorney is hereby authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over such matters, against any property for which water bill has remained unpaid sixty days after it has been rendered.

G. Whenever any connection to the waterworks system is abandoned, because the building to which the water connection is made has been abandoned, destroyed or removed, the waterworks director may remove the meter, any pipe or connections in the public right of way or easement, and can plug or otherwise seal the pipe or main. Before taking any such steps the city clerk shall notify the owner of the real estate if the owner's name and address is known, and shall notify the person shown on the real estate tax records as having paid taxes on the property the last time taxes were paid. Such notice shall be made by mail, at least thirty days before any action is taken under this section. If water is leaking, the waterworks director shall take immediate action, and send the notices within three working days of the time action was taken.

H. No person, firm or corporation shall make any connection to the waterworks system of the city without the permission of the city.

I. Nothing in this section shall be interpreted as prohibiting institution of larceny charges against any person stealing water from the city by bypassing a meter, tampering with a meter or by any other means.

J. Repeal of conflicting ordinances. All other sections of Chapter 13.04, Water, or parts of ordinances in conflict herewith are repealed insofar as they conflict with this section.

(Ord. 40-88 §§ 4, 5, 1988; Ord. 5-83, 1983).

All charges for water furnished by the city shall be due and payable at the office of the city clerk twenty days after the date of the bill for the preceding calendar month. The city utility bills shall be dated and sent no later than the fifth day of the billing month following the month of service.

(Ord. 119-00 § 2, 2000: Ord. 76-1 Paragraph 5 § 7(c), 1976).

On the first day following the due date set forth in Section 13.04.230, there shall be imposed a basic penalty for any unpaid water, sewer or solid waste collection service charges. The penalty shall be ten percent of the amount of the delinquent charges. This section shall apply to delinquent water, sewer and solid waste service charges.

(Ord. 117-00 § 2, 2000).

Opening and closing bills for less than a normal billing period shall be prorated. If the total period for which service is rendered is less than two weeks, the bill shall not be less than one-half the minimum charge applicable. Closing bills may be estimated by the city for the final period as an expedient to permit the customer to pay the closing bill prior to the time service is discontinued.

(Ord. 76-1 Paragraph 5 § 7(d), 1976).

Bills for water service may include charges for water and garbage and shall be inseparable. Delinquency in any part of the bill shall be sufficient cause for discontinuance of water service.

(Ord. 76-1 Paragraph 5 § 7(e), 1976).

Water service may be discontinued for any one of the following reasons:

A. Subject to Section 13.04.261, the nonpayment of a delinquent residential water, sewer and/or solid waste collection account within sixty days of the due date;

B. Subject to Section 13.04.262, the nonpayment of a delinquent nonresidential water, sewer and/or solid waste collection account by the due date;

C. The customer's unauthorized taking of water, or taking of water in excess of the amount paid for;

D. The customer's failure to maintain his or her facilities in a suitable condition to prevent the waste of water;

E. The existence of any unprotected cross-connections on the customer's premises, or the lack of adequate backflow protection at the water service connection; or

F. The customer's violation of any city ordinance or resolution or other law governing water service.

(Ord. 114-99 § 2(part), 1999: Ord. 28-86 § 3(part), 1986).

(Ord. No. 241-20, § 1, 12-16-2020)

A. Any discontinuance of residential water service for nonpayment of a delinquent account shall comply with the requirements set forth in Public Utilities Code Sections 10009 et seq., Health and Safety Code Sections 116900 et seq., and the city's policy on discontinuation of residential water service adopted under subsection B below.

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

(Ord. 114-99 § 2(part), 1999: Ord. 28-86 § 3(part), 1986).

(Ord. No. 241-20, § 2, 12-16-2020)

This section shall apply to the discontinuance of water service in all circumstances other than those described in subsection A of 13.04.260, including without limitation discontinuance of nonresidential water service for nonpayment and discontinuance of residential or nonresidential water service for reasons other than nonpayment.

At least ten days before discontinuing water service, the city shall give the affected customer written notice, either by mailing or personal delivery, stating the following information:

A. The reason or reasons for the proposed discontinuance;

B. The customer's opportunity to discuss the reason for the proposed discontinuance with the city clerk or the city clerk's designee; and

C. The procedures for the customer to request a discussion with the city clerk or the city clerk's designee regarding the proposed discontinuance, and the telephone number of the city clerk or the designee.

Notwithstanding the above, if the use of the water system is imminently endangering the public health or safety, or public or private property, the city may act immediately to discontinue service without notice or warning.

(Ord. 114-99 § 2(part), 1999: Ord. 28-86 § 3(part), 1986).

(Ord. No. 241-20, § 3, 12-16-2020)

No water service shall be discontinued to any customer or user because of any delinquency in payment on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the city are not open to the public.

(Ord. 28-86 § 3(part), 1986).

Complaints, requests for investigation, requests for payment arrangements, and appeals relating to discontinuance of residential water service for nonpayment shall be handled in accordance with the city's policy on discontinuation of residential water service adopted under Section 13.04.261.

For the discontinuance of water service in all other circumstances, including without limitation discontinuance of nonresidential water service for nonpayment and discontinuance of residential or nonresidential water service for reasons other than nonpayment, the city clerk, or the city clerk's designee, is authorized to take the following actions:

A. Review and investigate complaints, requests for investigation, and requests to amortize payments due on delinquent water service accounts;

B. Rectify errors and settle controversies regarding any water service account; and

C. Bring disputes to the city council for resolution.

(Ord. 114-99 § 2(part), 1999: Ord. 28-86 § 3(part), 1986).

(Ord. No. 241-20, § 4, 12-16-2020)

A. If water service is discontinued for failure to pay any bill, the service shall not again be turned on until the amount is paid in full plus the applicable reconnection fee for restoration of service and the customer has deposited any amount which may be required for new customers as provided in Section 13.04.040. The applicable reconnection fee is twenty dollars for a customer whose service is reconnected for the first time, thirty-five dollars for the second time, and fifty dollars for the third and subsequent times.

B. If water service is discontinued for any other violation of city ordinance or resolution, or other law, service will be reestablished only upon the payment of a one hundred dollar reconnection fee plus the payment of any other amounts due and owing to the city.

(Ord. 28-86 § 3(part), 1986).

Any person who passes a check on insufficient funds shall be liable to the city for the amount of the check and a returned check service charge payable to the city in the amount of fifteen dollars. The phrase, "pass a check on insufficient funds," shall have the same meaning as defined at Civil Code Section 1719(a)(6). If the returned check and a related delinquency result in the disconnection of water service due to nonpayment, service will not be restored until the customer pays the applicable returned check service charge, as well as all other amounts due. This section shall apply to all payments to the city, including, but not limited to, payments for water, sewer and solid waste collection services.

(Ord. 117-00 § 3, 2000: Ord. 28-86 § 3(part), 1986).

Customers desiring to discontinue service shall so notify the city at least two days prior to vacating the premises. Unless discontinuance of the service is ordered, the consumer shall be liable for the charge, whether or not water is used.

(Ord. 76-1 Paragraph 5 § 7(h), 1976).

Editor's note— Ord. No. 241-20, § 5, adopted Dec. 16, 2020, repealed § 13.04.290, which pertained to multiple service—shut off when and derived from Ord. 76-1 Paragraph 5 § 7(i), 1976.

A. All unpaid charges for water service provided for in this chapter may be collected by suit or any other lawful means available to the city, including without limitation filing liens on real property or referring the unpaid amount to collections.

B. The defendant shall pay all costs of suit in any judgment rendered in favor of the city.

(Ord. 76-1 Paragraph 5 § 8, 1976).

(Ord. No. 241-20, § 6, 12-16-2020)

The superintendent of streets is specifically required to enforce the provisions of this chapter and have the right of entering any or all premises for the purpose of determining whether the provisions of this chapter are being complied with.

(Ord. 76-1 Paragraph 5 § 9, 1976).

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Ord. 76-1 Paragraph 5 § 10, 1976).