Editor's Note: §§ 6-6.01 and 6-6.02, codified from Ordinance No. 446, and §§ 6-6.03 through 6-6.09, codified from Ordinance No. 504, repealed by § 1, Ordinance No. 507, effective April 18, 1968; §§ 6-6.01 through 6-6.10, added by Ordinance No. 507, as amended by Ordinance No. 510, effective July 20, 1968, repealed by implication by § 1, Ordinance No. 532, effective June 17, 1970.
[§ 1, Ord. 532, eff. June 17, 1970; § 1, Ord. 1002-01, eff. November 15, 2001; Ord. 1006-02, eff. August 15, 2002; § 1, Ord.
1147-16, eff. March 17, 2016]
The following terms, wherever used in this chapter or in resolutions
of the Council adopted pursuant to the provisions of this chapter,
except as otherwise specifically indicated by the context, shall have
the meanings respectively set forth in this section, to wit:
(a)
CITY SALT WATER SYSTEM – Shall mean the publicly owned property
involved in the distribution of salt water within the City, including
intake piping, pumps, reservoir, land, supply lines (main lines),
fittings, and equipment related to such elements.
(b)
CONSUMER – Shall mean an owner or occupant, whether private,
governmental or otherwise, or a unit, building, premises, or lot,
whether or not developed with structures, within the jurisdiction
of the City of Avalon, and whether or not connected to the salt water
system.
(c)
PRIVATE SALT WATER LINES – Shall mean the privately owned piping
or line connecting a building, collection of buildings such as a common
interest development, or other structure or structures to the City
salt water system, and includes the service connection "wye" or saddle
at the supply line.
(d)
SALT WATER SERVICE CHARGE – Shall mean the annual flat rate
charge fixed by resolution of the Council as compensation to the City
for maintaining its salt water service and holding itself ready to
serve.
[§ 1, Ord. 1031-05, eff. July 21, 2005]
Pursuant to California Water Code § 13553.1, recycled
water shall be used for flushing of toilets and urinals in all structures
at such time that a delivery system for same has been developed and
approved which meets the requirements of the California Water Code,
Title 22 and has been approved by the State and County Department
of Health and a program for proper signage and marking or color-coding
of all pipes, sprinkler heads, meter boxes and other irrigation equipment
to distinguish them from potable supplies and other cross-connection
prevention measures has been developed and adopted.
[§ 1, Ord. 532, eff. June 17, 1970; § 2, Ord. 1002-01, eff. November 15, 2001]
Billing for salt water service shall be assessed and included
in the property tax bill for the parcel served. The City shall furnish
to the Board of Supervisors and the County Assessor's Office
descriptions of each parcel for which such charges are to be billed,
together with the amount of such charges applicable to each parcel,
in sufficient time to meet the schedule established by the County
for inclusion on the County general tax bill. As authorized by Government
Code § 38902, the salt water service charges shall become
a lien against the parcel of land to which it is charged in the same
manner of County general taxes, and penalties shall be collected for
the late payment of salt water service charges. The opening bill for
salt water service shall be for the established annual flat rate charge
for such service for all units for which a certificate of occupancy
has been issued. Where service is established or modified after the
first day of the fiscal year, the annual charge shall be determined
on a pro rata basis. The salt water service charge shall apply to
the twelve-month fiscal year commencing on July 1 and shall be due
in advance.
[§ 1, Ord. 532, eff. June 17, 1970; § 3, Ord. 1002-01, eff. November 15, 2001]
Each consumer, as defined in § 6-6.01 of this chapter, shall be required to pay the rates for salt water service and fees for any connection or disconnection of such service. In addition to a tax lien, the City may collect such rates and fees in an action brought in any court having jurisdiction thereof. In any such action, the defendant shall be required to pay the costs of such action and attorneys' fees.
[§ 1, Ord. 532, eff. June 17, 1970; § 4, Ord. 1002-01, eff. November 15, 2001]
The rates and compensation for salt water service charges for
standby service and water furnished by the City shall be set by resolution
of the City Council. The City Council may, from time to time, by resolution,
set new and different rates for salt water service charges and may
establish by resolution fees for installation, connection or reconnection
of service, disconnection and credit deposits for new or delinquent
consumers.
[1]
Editor's Note: Rates established by City Ordinances include
Ord. No. 1121-13, effective July 19, 2012; Ord. No. 1138-15, effective
July 1, 2015; Ord. No. 1149-16, effective July 21, 2016.
[§ 1, Ord. 532, eff. June 17, 1970]
For the purposes of complying with or enforcing any of the provisions
of this chapter, or for installing, testing, changing, repairing,
connecting, or disconnecting, or for determining compliance with the
provisions of this chapter, the Director of Finance, or any other
officer or employee of any department of the City, is hereby authorized
to enter upon private property any day between the hours of 8:00 a.m.
and 5:00 p.m.
[§ 1, Ord. 532, eff. June 17, 1970; § 5, Ord. 1002-01, eff. November 15, 2001]
All connections or disconnections of private salt water lines
to or from the City salt water system shall be made by the Director
of the Department of Public Works or by some person authorized by
him to perform such service. It shall be unlawful for any unauthorized
person to cause, or permit to be caused, the connection or disconnection
of private lines to the City system. Applications to have real property
connected to or disconnected from the City salt water system shall
be made in writing to the Director of Finance and shall contain an
agreement by the applicant to abide by and accept all of the provisions
of this chapter as a conditions governing the provision of salt water
service to the applicant. The City shall charge a fee for each initial
and subsequent connection or disconnection in an amount to be set
by resolution of the City Council.
[§ 1, Ord. 532, eff. June 17, 1970]
It shall be unlawful for any person to cause, or permit to be
caused, the connection of private salt water lines to any fresh water
utilities system without first having such line disconnected from
the City system by the Superintendent of Streets as provided in this
chapter.
[§ 1, Ord. 588, eff. June 17, 1974, as amended by § 1, Ord. 635, eff. August 4, 1977; and § 1, Ord. 708, eff. September 9, 1981; § 2, Ord. 1147-16; eff. March 17, 2016]
(a)
Any structure in the City utilizing toilets shall be equipped with
a separate plumbing system piped to the toilets. Said separate plumbing
system shall be installed and shall connect to the City's salt
water system within one year of salt water service being available
within 100 feet of the parcel on which a structure is situated or
constructed.
(b)
Connection to the salt water distribution system may be deferred
for additional one year periods, not to exceed two extensions, upon
application to the City Council if the City Council makes one of the
following findings:
(1)
That such installation and connection to City's system
within one year of service being available would result in economic
hardship to applicant.
(2)
That due to the geologic and topographic conditions of applicant's
property, installation and connection to City's system within
one year would result in undue hardship to applicant.
(3)
That there are extensive structural changes required for the
installation of a separate plumbing system in applicant's structure,
and connection to City's system within one year of service being
available would result in undue hardship to applicant.
(c)
Notwithstanding any extension of time granted by the City Council,
the salt water service charges shall become due and payable one year
from the date salt water service is available within 100 feet from
the parcel on which applicant's structure is located or will
be constructed.
(d)
Property Owner's Obligation. Each property owner shall, at the
property owner's expense, inspect, maintain in good working order,
repair, rehabilitate and replace, as necessary, the property owner's
private salt water lines in such a manner as to prevent corrosion,
clogging, or failure of the lines.
(e)
Private Salt Water Lines Not Part of City Salt Water System. The
private salt water lines are the property of the property owner and
are not part of the City salt water system. Nothing in this chapter
shall be interpreted as changing the private nature of the private
salt water lines or incorporating them into the City salt water system.
[§ 1, Ord. 588, eff. June 17, 1974]
At such time as effluent water has been approved for distribution
to the City, the same shall be utilized in lieu of salt water for
the service set forth in this chapter, and, further, at such time
as structures equipped with separate salt water service piping shall
be connected thereto.
[§ 1, Ord. 558, eff. June 17, 1974]
Effective July 1, 1974, all structures connected to the City
salt water system shall remain connected thereto, and disconnections
therefrom shall be prohibited.
[§ 2, Ord. 684, eff. September 3, 1980]
There is hereby established the following charges to the City
of Avalon Small Craft Harbor Project Operating and Loan Repayment
Fund in order to pay for the cost of providing salt water service
to Harbor facilities:
$0.06 per day, per mooring available for use or utilized in
the waters of the City of Avalon.
$0.02 per passenger landed, from cross-channel transportation
boats and aircraft.
The Council may, from time to time, by resolution, set new and
different charges to the City of Avalon Small Craft Harbor Project
Operating and Loan Repayment Fund to reimburse the Salt Water Fund
for the cost of services provided to Harbor facilities; provided,
the amount and apportionment of any charges shall reasonably reflect
the cost of providing sewer services to Harbor facilities.
[§ 2, Ord. 991-01-U, eff. January 17, 2001; § 2, Ord. 993-01, eff. March 22, 2001]
Until such time that Southern California Edison or other provider
of freshwater to consumers within the City of Avalon, has lifted Phase
One of the Santa Catalina Island Fresh Water Rationing Plan (the "Plan")
as set forth in Rule 14.1 of the tariff issued by the California Public
Utilities Commission, it shall be unlawful for any person to cause
or to permit to be caused, any use of freshwater supplied by such
provided, as follows:
(a)
The washing of streets, driveways, parking lots, patios, piers, sidewalks,
tennis courts, walkways, and other hard-surfaced areas by hosing or
by use of fresh water directly from faucets or other outlets, except
where done by means of a bucket or container not exceeding a three
gallon capacity;
(b)
The washing of motor vehicles, trailers, boats, golf carts, or airplanes
by hosing or by use of fresh water directly from faucets or other
outlets, except where done by means of a bucket or container not exceeding
a three gallon capacity;
(c)
The use of fresh water from fire hydrants for any purpose other than
fire suppression;
(d)
The use of fresh water for soil compaction;
(e)
Watering of outdoor landscaping and vegetation by hoses or sprinkling
systems except between the hours of 7:00 a.m. to 9:00 a.m. and 5:00
p.m. to 7:00 p.m. during the period that Pacific Daylight Time is
in effect, and from 6:00 a.m. to 8:00 a.m. and 4:00 p.m. to 6:00 p.m.
during the period that Pacific Standard Time is in effect. Watering
by use of a bucket or container not exceeding a three gallon capacity
is permitted at any time.
(f)
The service of drinking water to a customer at any restaurant or
bar or other place which serves food and/or beverages except upon
request by such person. Businesses subject to this subsection shall
post notice thereof in a conspicuous place, bearing language similar
to the following: "In order to conserve Avalon's limited fresh
water supply, water is served upon request only."
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The City of Avalon shall be exempt from the provisions of § 6-6.13, but the City Manager shall implement all reasonable measures to conserve freshwater use by the City.
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A first violation of this section shall be punishable as an
infraction, subject to a $50 fine. A second violation committed within
12 months of the first violation, and any subsequent violations thereafter,
shall be punishable as a misdemeanor.
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[§ 3, Ord. 1147-16, eff. March 17, 2016]
The City Manager may prepare and administratively adopt a salt
water system program to provide administrative guidance on the implementation
and enforcement of this chapter. The City Manager may update the salt
water program administratively as needed to achieve the applicable
performance standards for the City salt water system.
