Yreka Municipal Code Ch. 12.04 Waterworks

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* Statutory provisions pertaining to the municipal operation and/or regulation of the city's water supply, see Gov. C.A. § 38730 et seq. As to the power of cities to prescribe, revise and collect charges for the services, facilities, or water furnished by it, see Gov. C.A. § 54344.

The waterworks department of the city is created and established. The waterworks department shall consist of a board of water commissioners appointed from the members of the city council. The members of the waterworks department shall be appointed by the mayor at the first regular meeting of the city council held in the month of May each year, and shall hold office until their successors have been appointed aforesaid.

It is the duty of the water department to fix the rules, regulations and rates for the use of water and have general supervision over the water system of the city. All rules, regulations and rates made or adopted by the waterworks department shall be submitted to the city council, and if adopted by the city council, they shall be published at least once in some newspaper published in the city, and shall take effect immediately upon adoption.

(Ord. 75 § 1, 1911).

The members of the waterworks department shall receive no compensation for service rendered, except as shall be allowed them by the city council, for actual necessary expense incurred in the performance of their duties.

(Ord. 75 § 2, 1911).

The waterworks department shall, within two weeks after appointment, meet and organize by appointing one of their members president, and one secretary, who shall keep a record of all their proceedings.

(Ord. 75 § 3, 1911).

The following rules, regulations and rates for the management, control and use of the waterworks of the city, and penalties for the violation thereof are prescribed and established:

Every person taking the water shall be considered as having expressed his consent to be bound thereby, and whenever any of the rules, regulations and rates is violated, the right is reserved to shut off the water without notice, and the person whose water is shut off shall forfeit all payments made, and the water shall not be turned on again until all unpaid rents and charges are paid, together with the charge of one dollar for the turning on the same again.*

(Ord. 75 § 4, 1911).

* See Sections 12.12.030 and 12.12.040.

All persons desiring a water supply from the city's waterworks must make a written or printed application at the office of the director of public works, stating fully and fairly all and severally the various uses to which the water is to be applied, and give the name of the licensed plumber selected to introduce the water to the premises of the consumer; and whenever thereafter any addition thereto, extension or alterations of service pipe or plumbing or fixtures are required, notice therefore must be given to the director of public works.

(Ord. 75 § 5, 1911).

In the case of a property or dwelling unit receiving water service from the city becoming vacant whether for voluntary or involuntary discontinuance of service, the fixed rate shall be charged and no allowance or rebate shall be made from the regular rates specified in this chapter, whether the water has been actually used or not, and regardless of whether the water service has been discontinued. Regardless of whether the property owner was or was not the consumer, the property owner has primary responsibility for payment of all water service charges accruing from and after any disconnection pursuant to Section 12.12.020. If the consumer of any delinquency of whose account resulted in termination of water service was a tenant, rather than the owner, of the premises receiving water service, a new tenant or the owner shall bear no penalty or responsibility for the outstanding balance on the prior consumer's account or for the discontinuance of service. If a subsequent tenant desires service, service shall be reconnected in the same manner and for the same cost as any new water service. For the purposes of this section, the term "subsequent tenant" shall not include any adult person who lived at the premises during the period that the charges or penalties accrued.

(Ord. 805 § 2, 2008).

No person will be permitted to tap any of the water pipes of the main line of distributing system, or to insert tees, stopcocks or ferules therein, except under the personal direction and supervision of the director of public works; and notice of any such work must be given the director at least twenty-four hours previous to the commencement of the work.

(Ord. 75 § 7, 1911).

All expenses attending the tapping of the water main, the furnishing of corporation cock, the introduction of water from the curb and the expense of keeping same in repair must be paid by the applicant.

(Ord. 75 § 8, 1911).

The licensed plumber named in the application for the water will be considered as the agent for the applicant while employed in the prosecution of the work named in the application, and the waterworks department will in no wise hold itself responsible for his acts while so employed.

(Ord. 75 § 9, 1911).

The size of the tap to be inserted in any water main shall not be over seven-eighths inch standard, unless by special permit of the water department and the quality of the service pipe between the tap in the street main to the inside of the curb line, curb cock and curb box under application will be determined by the water department.

(Ord. 75 § 10, 1911).

Service pipe connections will be made at right angles with any main passing the premises, and the service pipe will be carried in a direct line to the inside of the curb line of the street, at which a metallic curb cock box of such form and construction as may be approved by the water department shall be inserted and properly connected with the water service pipe.

(Ord. 75 § 11, 1911).

When water mains have not been laid in front of premises to be supplied with water, a map or diagram or other explicit directions will be furnished the applicant by the water department as to point of attachment, to street main; the method of attachment; the position and depth of the service pipe in the street and the material of which it shall be composed.

(Ord. 75 § 12, 1911).

No person will be allowed to open any trench in the streets or alleys of the city for the purpose of laying any service connection with the water mains of the city's waterworks, nor to make any attachment thereto, nor alterations to any service pipe in advance of receiving a written or printed permit duly issued by the director of public works, and if the work embraced therein is not completed within one month from the date of the permit, then the permit will be null and void and a new permit must be secured before the work is done.

(Ord. 75 § 13, 1911).

All excavations in the streets and alleys of the city for the purpose of laying water pipes must be made and refilled in conformity with the ordinances and requirements of the city council, and the work must be carried on in a manner which will occasion the least inconvenience to the public. Open trenches must be duly guarded for the protection of the public and they will remain open at the risk of the applicant for water.

(Ord. 75 § 14, 1911).

The backfilling of any trench in any public street, alley, place or other public grounds, must in all cases be thoroughly settled and the pavement or other surface improvement be replaced within twenty-four hours from the time the connection is made, and the street must be left in as good and satisfactory condition as before the excavation was commenced. All refuse or surplus earth, timber, stone or other material shall be fully and immediately removed from the street by the owner or plumber.

(Ord. 75 § 15, 1911).

The city will maintain and keep in repair each service pipe between the mains and the curb cock controlling the service, providing the same is in the roadway; providing also that the service has been inserted in full compliance with the rules governing the introduction of the water, and provided the failure of the service or injury thereto rendering repairs necessary does not result from some improper act or omission on the part of the owner or tenant of the premises supplied with water by the service pipe.

(Ord. 75 § 16, 1911).

When more than one building is supplied by a single tap through two or more branch service pipes, then on each branch service pipe and always near the curb line of the sidewalk, a stopcock must be inserted and connected so that water may be shut off from each rate payer when necessary.

(Ord. 75 § 17, 1911).

No plumber shall leave the water turned on for any premises after completing the plumbing.

(Ord. 75 § 18, 1911).

When service pipes are found disconnected at the corporation cock, they must be reconnected only by the director of public works.

(Ord. 75 § 19, 1911).

Any authorized officer of the city shall have full right and authority to enter at all reasonable hours to all parts of premises supplied with water to see that the rules and regulations of this chapter are complied with.

(Ord. 75 § 20, 1911).

Charges for furnishing corporation cocks and making taps must be paid to the director of public works before the water will be turned on.

(Ord. 75 § 21, 1911).

In case of fire or an alarm of fire it is unlawful for any person using water from the city waterworks, to permit faucets to run, or to use water during the continuance of any fire or conflagration within the city, and it shall be the duty of every person, immediately upon the sounding of any fire alarm to shut off and cease to use water for any purpose, save and except for human consumption and to extinguishment of such fire, or the saving of adjoining property.

(Ord. 75 § 22, 1911).

In case of fire or an alarm of fire, or in making repairs, or construction work, the city council reserves for its duly authorized agents the right to shut off water from any customers, or any number of customers, without notice, and to keep it off as long as it may be necessary and will not be liable for any consequent damage; and no reduction will be made from the water bills by reason of such cutting off of water.

(Ord. 75 § 23, 1911)

The water department shall have the right to limit the amount of water furnished to any customer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for such use. [2]

(Ord. 75 § 24, 1911).

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3. See chapter 12.12.

The chief engineer of the fire department shall have full authority in case of fire, to set the gates and water valves on the water mains so as to secure the greatest possible pressure at the point where it is required, and it is his duty to see, after each fire, that the gates and fire hydrants are restored to the conditions in which they were previous to the fire, and to report that this has been done to the director of public works.

(Ord. 75 § 25, 1911).

No person or persons shall attach any hose to any fire hydrant or fire plug for any purpose or allow any water to be discharged therefrom (except a member of the fire department at a fire or for the purpose of practice or for washing off the apparatus) without having obtained a permit from the water department.

(Ord. 75 § 26, 1911).

(a) No person, firm or corporation, hereinafter referred to as "customer," shall run or permit any water in the service pipe to his or its premises, to run or be taken or transported or piped or conducted upon or into another lot or property, or dwelling house, apartment house, building or structure than that to which his or its service pipe is connected. Provided, however, that any customer who desires to furnish water habitually to another or others, at premises not separately connected to the city mains, may, upon application and agreement to pay all charges therefor, be charged and shall pay for water thus furnished, and may furnish water to such other or others. Any customer who or which furnishes water habitually to another or others, at premises not separately connected to the city mains, shall be charged and shall pay for water thus furnished to such other or others at the same rate as that which such other or others would have had to pay were the premises of such other or others separately connected. In determining the applicable rate of charge, such water shall be deemed to have been divided equally among the premises served or furnished through such connection.

(b) Each dwelling house, each apartment house, and each building or structure to which water or water service is furnished shall be separately connected to the water mains of the city and no water from any such dwelling house, apartment house, building or structure, except as provided by subdivision (a) of this section, shall be conveyed to or be used in any other dwelling house, apartment house, building or structure, except that water furnished to any individual or separate dwelling house, apartment house, building or structure may be used for watering the surrounding grounds on the land, lot or parcel of the owner or tenant of the land, lot or parcel upon which such building is situated, as well as in any outbuilding thereto appurtenant but not used for a dwelling, business, industrial or manufacturing purpose, and provided further that each motel, auto court, or trailer court may nevertheless be served as one single building or structure whether the individual units thereof be connected in one building or structure or be separate buildings or structures.

(Ord. 334, 1959: Ord. 75 § 27, 1911).

Editor's note— Ord. No. 841, § 2, adopted Aug. 20, 2015, repealed § 12.04.280, which pertained to water for irrigation and derived from Ord. 75, § 28, adopted in 1911.

Upon application of any person owning real property contiguous to the city limits of the city of Yreka, the city council may grant authorization to said applicant to connect to the city water provided the following conditions are satisfied:

(1) Water will be used solely for domestic purposes serving existing structures which were previously serviced by an adequate water system which can no longer be reasonably utilized due to the unavailability of groundwater upon the subject property. "Domestic purposes" is defined as the use of the water for ordinary, everyday household use of a single-family dwelling, including irrigation of outdoor landscaping up to ten thousand square feet, but with no agricultural uses.

(2) All costs of installation and connection with the city system shall be borne by the applicant, including fees normally charged by the city to properties within the city for a connection.

(3) The applicant will agree to pay water fees pursuant to Section 12.04.410(b).

(4) Water furnished by the city will not be utilized or provided to new buildings or structures or utilized for other development of the subject property.

(5) The city shall have the right in its sole discretion to terminate the right to receive water from the city system upon reasonable notice, said notice not to be less than ninety days. Applicant proceeds at his or her own risk that the water supply will not be terminated in connection with action by the State Water Resources Control Board.

(6) The applicant shall execute a contract for recordation in a form approved by the city attorney setting forth the terms and conditions for water use pursuant to this section.

(Ord. 803 § 2(part), 2008: Ord. 634, 1988).

Editor's note— Ord. No. 841, § 2, adopted Aug. 20, 2015, repealed § 12.04.290, which pertained to wasting water prohibited and derived from Ord. 75, § 29, adopted in 1911.

The water department assumes the right to place water meters on any and all taps and to charge meter rates whenever they see" fit to do so. All meters thus set shall be and will remain the property of the city, and may be removed at any time by the water department.

(Ord. 75 § 30, 1911).

(a) For the installation of each water meter pursuant to the provisions of Section 12.04.300, except meters installed as replacements for meters theretofore installed, the applicant shall, pursuant to Section 12.04.050, pay to the water department of the city a meter installment charge fixed as follows:' Such charges as are heretofore or hereafter designated by resolution of the city council.

(b) For replacement of meters with meters of a different size, the charge shall be the amount of the difference between the charge herein fixed for the meter previously installed and that herein fixed for the meter to be installed as a replacement, if replacement is made at the request of the consumer. If such replacement is upon the motion of the water department there shall be no charge pursuant to the provisions of this subsection.

(Ord. 459 (part), 1971: Ord. 394, 1966; Ord. 213, 1946; Ord. 75 § 30.1, 1911).

When the consumer of water disputes the record of the meter, it shall be his duty to show to the satisfaction of the water department how or why such record is defective; otherwise the record of the meter shall be taken as conclusive, and in cases where the record of the meter has been found defective the water department will make an arbitrary charge for the water that has been used.

(Ord. 75 § 31, 1911).

Any customer or other person found interfering or injuring any water meter, shut off, tap or faucet is guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or by imprisonment in the city jail for not exceeding six months, or by both such fine and imprisonment.

(Ord. 440 § 1 (part), 1970; Ord. 75 § 32, 1911).

The water department will issue permits for the use of water for building purposes, and fix a rate for same based on quantity of water to be used, upon certificate of the architect in charge of the work, specifying the number of bricks, perches of stone, cubic feet of concrete and square yards of plastering, or other purposes not enumerated in the foregoing for which water will be used, payment of the water rates shall be a condition precedent to the issuance of the permit.

(Ord. 75 § 33, 1911).

Water used for building purposes must be directly from the hose into the mortar beds, or other water tight receptacle and must not be discharged upon the ground or into or through a trench. The builders must properly guard the hose connection or cock through which they take the water so as to render it inaccessible to others.

(Ord. 75 § 34, 1911).

Water for motors and elevators shall be furnished only through meters at schedule rates. All such meters must be provided at the owner's expense, and must be of a pattern approved by the water department, they must be kept in repair and proper working order at the expense of the owner, and in case they fail to register, an arbitrary charge will be made by the water department, which shall have the right to shut off the water during the time the register is out of order.

(Ord. 75 § 35, 1911).

No permit for the use of water for any horse water fixture will be issued by the water department until the permission for the maintenance thereof shall have first been secured from the city council.

(Ord. 75 § 36, 1911).

Water rates shall in all cases commence to accrue when water is turned on, at schedule rates proportioned for the period from that date until the following last day of such month.

(Ord. 75 § 37, 1911).

It shall be the duty of the collector of water rents to file with the city council on the first Thursday of each month, at its regular meeting, a list dated and signed, of all the water consumers defaulting in their payments up to five p.m. of the thirtieth of the previous month, together with the amount of water rents and penalties due from each consumer set opposite his name, and it shall be the duty of the director of public works to proceed to turn off the water from the premises of each and every consumer so delinquent and he shall cause such service to be discontinued within forty-eight hours after the filing of the delinquent list.

(Ord. 271 § 1, 1951: Ord. 75 § 39, 1911).

The city council shall furnish the director of public works and the collector of water rent with the necessary books, blanks, and receipts for carrying on the provisions of this chapter.

(Ord. 75 § 40, 1911).

(a) The charge for water supplied and furnished by the city within its corporate limits shall be set by resolution of the city council of the city of Yreka.

(b) For all water furnished or delivered for use or used outside of the limits of the city except water furnished or delivered from the Fall Creek main, being the water pipeline or main to be constructed for the transportation of water lines from Fall Creek in Siskiyou County to the city, meter rates shall be one and one-half times the rates provided for in subsection (a) of this section.

(c) For all water furnished or delivered directly from the Fall Creek main, being the pipeline or main constructed for the transportation of water from Fall Creek in Siskiyou County to the city, for use or used outside the corporate limits of the city, meter rates, for any amount up to and including the first ten thousand gallons of water furnished and delivered each month, shall be one and one-half times the rate provided by subsection (a) of this section, and for each one thousand gallons, or parts thereof, of water furnished and delivered each month over and above the ten thousand gallons, at five times the highest rate provided by subsection (b) of this section.

(d) All water rates are due and payable in advance each month, except metered rates, which are due and payable on the tenth of the month following the use.

(e) All charges for water consumed or furnished, whether by meter or otherwise, are and shall be payable, at the office of the water rent collector, at the City Hall, and unless paid before the fifteenth of the month following billing, shall become delinquent, and it is made the duty of the director of public works to discontinue service of water to the premises from which the delinquent account arose. A charge of ten dollars will be added to any such delinquent account. A reconnection charge payable in advance in the amount of twenty-five dollars is required if the reconnection is made on a weekday between the hours of eight a.m. and three-thirty p.m. and the amount of fifty dollars on city holidays or any other time.

(f) Any person, firm or corporation desiring water service must make an application for such service to the director of public works, at City Hall, and an administration fee to cover the costs of connection in the amount of twenty-five dollars shall be required of every applicant prior to providing service.

(Ord. 745 § 1, 1998: Ord. 674, 1992; Ord. 670, 1992; Ord. 639, 1989; Ord. 628 §§ 1, 2, 1988: Ord. 585 § 1, 1983: Ord. 526, 1976; Ord. 421 §§ l, 2, 1968; Ord. 313 § 1, 1957; Ord. 271 § 2, 1951; Ord. 242, 1948; Ord. 75 § 41, 1911).

Every person, firm, company or corporation violating any provisions of this chapter, unless provided for herein, is guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not exceeding five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. 440 § 1(part), 1970; Ord. 75 § 42, 1911).