Woodlake Municipal Code Ch. 13.04 Water Service System

Footnotes:

--- (1) ---

Editor's note— Ord. No. 596, § 2, adopted December 14, 2015, repealed former ch. 13.04, §§ 13.04.010—13.04.250, and enacted a new ch. 13.04, §§ 13.04.010—13.04.290 as set out herein. Former ch. 13.04 pertained to similar subject matter and derived from Ord. 417, adopted in 1987; Ord. 526, adopted in 1996; and Ord. 549, adopted in 2003.

"Service connection" is the components and materials installed that establish a connection from a water meter to the city's water supply and distribution system.

"Service lateral" is the pipeline that connects the water service from a building or premise to a water meter which has a service connection to the city's water supply and distribution system.

"Dwelling unit" is a building or portion of a building arranged, intended or designed to be occupied by not more than one single-family and having facilities for sleeping, eating, cooking and sanitary purposes.

"Multi-single-family dwelling unit" is a building which is designed, improved, arranged, intended or designed to be occupied by not more than one single-family and having facilities for sleeping, cooking and sanitary purposes, but which is actually being occupied by more than one single-family.

(Ord. No. 596, § 3, 12-14-2015)

The rates to be charged and collected by the city for water service shall be fixed by resolution of the city council.

(Ord. No. 596, § 3, 12-14-2015)

Consumers must use reasonable care to prevent the waste of water; must not allow taps and wash basins, water closets, baths and urinals to be left running and must not allow water to run or waste from his property onto street, highway or alley.

(Ord. No. 596, § 3, 12-14-2015)

Meters may be installed on any and all service at the option of the city council.

(Ord. No. 596, § 3, 12-14-2015)

A. Except as otherwise directed by the city, the city will install all service connections, making connections therefrom to main distribution lines and charging the landowner for the cost thereof. This installation will terminate at the water meter which must be installed near the edge of property line and within a public right-of-way (e.g. sidewalk) unless a different location for installation of a water meter is expressly authorized by a resolution of, or written agreement with, the city council. The required line and grade to said termination will be determined by the city, as will be the required procedures for requesting such installations. Before, after and during installation, the city shall be entitled to inspect each connection to the city's water main line and each water meter where such connection terminates, for initial compliance and for ongoing maintenance and safety monitoring purposes or any other lawful purposes.

B. Where determined by the city to be in the best interest of the city and/or the landowner, and in all new subdivision installations, the landowner is required to have the service connection installed by a licensed contractor in lieu of city installation.

C. In either case, city installation or landowner installation, all costs and expenses incident to the installation and connection of a service connection and water meter must be borne by the property owner, except where otherwise specified in this chapter or a written resolution approved by the city council.

D. After installation and approval thereof by the city, the water meter and service connection must be conveyed to the city and the city shall be responsible for subsequent maintenance of the service connection and water meter, and the landowner shall retain responsibility for maintenance of the service lateral connecting the landowner's building(s) or other facilities to the city's water meter. Preparation of any required title transfer documentation shall be the responsibility of the landowner and must be accomplished within one year of the city's approval of the installed service connection and water meter. If the landowner fails to do so, the landowner shall be estopped from claiming ownership of said facilities.

(Ord. No. 596, § 3, 12-14-2015)

A. The applicant for water service must notify the city when the service connection is ready for inspection and connection to the city's water distribution system.

B. From the effective date of this chapter, every dwelling unit wholly detached from any other dwelling unit or other building must be separately connected to the city's water distribution system. Any detached auxiliary buildings associated with a dwelling unit and not intended for use as a dwelling unit, commercial or other building, may utilize the dwelling unit's connection only if such building(s) does not contain facilities intended to be used communally by more than one nearby dwelling unit (e.g. detached laundry facilities). If there is more than one dwelling unit on a lot, each detached dwelling unit must be separately connected to the city's water distribution system, otherwise each residential occupancy building containing two or more dwelling units which are not legally approved for separate ownership must be connected through a single water meter and service connection to the city's water distribution system.

C. In each residential occupancy building containing two or more dwelling units which have been legally approved for separate ownership, each dwelling unit must be separately metered and separately connected to the city's water distribution system. However, all communally owned and detached auxiliary facilities and buildings (e.g. community swimming pools, irrigation sprinklers for commonly owned areas, common laundry room) must be connected to the city's water distribution system through a single water meter and service connection.

D. Each lot containing one or more non-residential occupancy buildings under common ownership must be connected to the city's water distribution system through a single water meter and service connection, unless one or more additional service connections are expressly authorized by a resolution of, or written agreement with, the city council. In each non-residential building containing two or more occupancy units which were legally approved for separate ownership, each unit must be separately metered and separately connected to the city's water distribution system. However, all communally owned or detached auxiliary facilities and buildings (e.g. irrigation sprinklers for commonly owned areas, common restrooms) must be connected to the city's water distribution system through a single water meter and service connection.

E. Adjacent buildings or dwelling units, on a single lot or on multiple lots, which are detached from one another and which are under separate ownership must not utilize the same service connection to the city's water distribution system.

F. A water service permit approved by the city and which covers any existing residential, commercial or industrial building shall automatically terminate when such building is subsequently legally divided into separate occupancy units that may be legally transferred, sold and owned. The termination shall be deemed to have occurred upon the legal approval and creation of such separate units and, thereafter, in order to obtain a water service permit, each unit is subject to and must be in full compliance with all city requirements, conditions and procedures for new service (e.g. installation of separate service connection and separate water meter).

G. For any mixed-use building containing two or more occupancy units, when at least one is used as a residential dwelling unit and at least one other unit is used for commercial or industrial purposes, separate service connections and metering are required for each unit if the occupancy units in such mixed-use building were lawfully divided into separate occupancy units that may be separately transferred, sold and owned. Otherwise, in any such mixed-use building that is not lawfully divided into separate occupancy units that may be separately transferred, sold and owned, a single meter and service connection to the city's water distribution system is required.

H. Every connection to the city's water distribution system must comply with the cross-connection provisions of Title 17 of the California Administrative Code and with the city's cross-connection ordinance.

(Ord. No. 596, § 3, 12-14-2015)

A. When there is a change in ownership of premises using city water service, water service charges to the new owner shall be placed in the new owner's name upon the new owner's written request to the city to do so, if all other city requirements are satisfied. Said service shall then be subject to the service charges established by this chapter. If the city staff has reasonable grounds to believe that the owner of record or the renter of premises receiving water service is deceased, and if a new owner or renter has not requested to be the new account holder, then the city may commence proceedings for abandonment of capacity rights under this chapter.

B. Notwithstanding any other provision of any other ordinance of the city, prior to authorizing water service to the premises of any landowner, tenant or other prospective customer, said person must sign an authorization form provided by the city which authorizes the city to enter upon the premises and all buildings thereon which will receive water service, for the purpose of conducting an inventory inspection to ascertain and/or confirm the number of plumbing fixtures to be used in connection with the city's water service. However, this section must not be construed to impose an affirmative duty upon the city to always complete such an inspection or to discover any plumbing or related problems during any such inspection, which may subsequently result in property damage or other harm to any person.

(Ord. No. 596, § 3, 12-14-2015)

Where there are two or more dwellings, apartment or households under the same ownership using water from the same service connection, the owner of the real property must apply for and pay for the water service. Each habitable unit on the real property which is occupied must pay a full charge for water service.

(Ord. No. 596, § 3, 12-14-2015)

A. Bills for water service will be rendered to the consumer or the property owner on or before the first day of every month, and all bills are due and payable on that date, at the offices of the city, or by mail to the city. If the payment is not made on or before the twentieth (20th) day of the month following the rendering of the bills, the bill shall be considered delinquent and a six dollar ($6.00) penalty shall be added to the water bill. When a water bill is delinquent, the water bills will be handled in accordance with the city's discontinuance of water service for nonpayment policy, as the same may be amended from time to time in compliance with federal and state laws. Water services may be charged an additional sum for turning off and restoring service as establish by federal and state laws.

B. A consumer's water service may be discontinued for the nonpayment of a bill for water service of the same class rendered to them at a previous location if the bill is not paid within thirty (30) days after presentation at the new location.

(Ord. No. 596, § 3, 12-14-2015; Ord. No. 633, § 2, 4-13-2020)

Prior to discontinuing service for nonpayment of charges, a final notice shall be sent to the customer informing them that service will be discontinued if payment of all charges, including delinquent charges and penalties, is not made in accordance to city's discontinuance of water service for nonpayment policy as the same may be amended from time to time.

(Ord. No. 596, § 3, 12-14-2015; Ord. No. 633, § 2, 4-13-2020)

No charge will be made for emergency shut off and turn on service during regular working hours when same is made at the request of the owner or consumer after all charges due against the service connection are paid.

(Ord. No. 596, § 3, 12-14-2015)

If the customer requests a temporary stop of service (one month minimum) a ten-dollar ($10.00) fee will be charged for turn on and shut off of water service during regular office hours. Shut off and turn on of water service after regular working hours, on weekends and holidays will be done by our standby person. The overtime fee will be charged as call out time and materials plus an administrative fee of ten dollars ($10.00).

(Ord. No. 596, § 3, 12-14-2015)

Applicants for water service and water consumers shall answer without concealment all questions relative to the purpose for which water is, or is to be, used. The director of public works or other authorized agent shall have free access at proper hours of the day, to all parts of every building or property where water is used, for the purpose of inspecting the condition of pipes and the manner in which the water is being used.

(Ord. No. 596, § 3, 12-14-2015)

An applicant for water service or water consumer must establish credit by one of the following methods:

A. Proven ownership of property on which service connection is made;

B. A cash deposit for water service, amount to be set by resolution.

(Ord. No. 596, § 3, 12-14-2015)

Deposits shall be kept in the water service deposit fund in the city treasury as long as water service is continued to the person making the deposit. Upon termination of water service deposits may be returned to the depositor upon application of the depositor made within two years of the termination of water service. Deposits shall first be applied to the outstanding water bill of the depositor before any refund shall be made.

(Ord. No. 596, § 3, 12-14-2015)

The consumer or owner shall notify the director of public works or other authorized agent of any changes in the service desired, including discontinuance on account of vacancy of the property.

In case of failure of the owner or consumer to give such notice, the minimum monthly water rate will be charged and collected for each month for which charges have accrued prior to such notice.

(Ord. No. 596, § 3, 12-14-2015)

No person or family shall furnish or resell water from his service to any other person or to any other premises.

(Ord. No. 596, § 3, 12-14-2015)

All persons taking water must keep their own service line from city valve at property line to house connection in good order and free from leaks, and will be held responsible for all damage which may result from neglect to do so.

(Ord. No. 596, § 3, 12-14-2015)

All consumers having arrangements for hot water and steam must have a tank from which to feed the boilers. The city will not be responsible for the safety of boilers on the premises of the consumer.

(Ord. No. 596, § 3, 12-14-2015)

The consumer shall, at his 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 city shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or of any of his tenants, agents, employees or contractors, in installing, maintaining or operating such equipment. The city shall not be responsible for damage of property caused by faucets, valves and other equipment that are open when water is turned on at the meter, either originally or when turned on after a temporary shutdown.

(Ord. No. 596, § 3, 12-14-2015)

Immediately upon an alarm of fire being sounded from any part of the city, all persons using water for sprinkling or irrigating purposes shall close all hydrants and discontinue the use of the water for such purposes until the fire is extinguished.

(Ord. No. 596, § 3, 12-14-2015)

A. No person or persons (except a fireman in the discharge of his duties) shall, without permit from the director of public works, open or in any way tamper with any fire hydrant, control valves or any other part of the mains of the water system.

B. No person or persons shall place or cause to be placed upon or about any fire hydrant, water gate, or control valve connected with the water mains of the city, any building material or other substances so as to prevent free access at all times.

(Ord. No. 596, § 3, 12-14-2015)

No person shall tap any main and no addition or alteration whatsoever in or about any tap, pipe or water valve, shall be made or caused to be made by any person without permission of the director of public works.

(Ord. No. 596, § 3, 12-14-2015)

No one except a properly authorized agent of the city shall turn water on or off at any property without a written permit.

(Ord. No. 596, § 3, 12-14-2015)

No person shall, without permission of the director of public works: enter into any pump house or enclosure, or molest any machinery, materials or tools; change any meter, gauge or register; or molest in any way any of the property of the city water system.

(Ord. No. 596, § 3, 12-14-2015)

The city reserves the right to shut off the water at any time for the purpose of making repairs or extensions to the system or for any other purpose, and will not be responsible for any damage resulting from the same.

(Ord. No. 596, § 3, 12-14-2015)

No connection will be made to any property with an orifice greater than three-fourths of an inch in diameter except where special arrangements are made with the city.

(Ord. No. 596, § 3, 12-14-2015)

For any violation of these rules and regulations, established as a condition to the use of water other than non-payment are not complied with, the water may be shut off not be opened again with satisfactory assurance of an intention on the part of the delinquent to comply with the rules and regulations, and a payment, as adopted in the Woodlake Fee schedule, for closing and opening of the control valve. Water may only be shut off for non-payment in accordance with the city's policy on discontinuation of residential water service for nonpayment as the same may be amended from time to time.

(Ord. No. 596, § 3, 12-14-2015; Ord. No. 633, § 2, 4-13-2020)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth in Chapter 1.12, Administrative Fines and Penalties, of the Woodlake Municipal Code.

(Ord. No. 596, § 3, 12-14-2015; Ord. No. 633, § 2, 4-13-2020)