Note: Prior ordinance history: Ords. 1, 294, 286 and 333.
This chapter shall be known and may be cited as the "utility
services division (water) of the community services department" of
the city.
(Ord. 443 § 1, 1991)
As used in this chapter:
A.
"City council"
"City staff"
"Connection"
"Cost"
"Cross-connection"
"Main"
"Owner"
"Person"
"Premises"
"Private fire protection service"
"Public fire protection service"
"Regular water service"
"Temporary water service"
"Utility services division (water)"
Words
and Phrases. For the purpose of this chapter, all words used in the
present tense shall include the future; all words in the plural number
shall include the singular number; and all words in the singular number
shall include the plural number.
means the city council of the city of Loma Linda, California. All decisions of the city manager staff may be appealed to the city council pursuant to Section 2.08.030.
means the employees and contract representatives of the city
who are appointed to administer and operate the water system of the
city.
means the pipe line and appurtenant facilities such as the
curb stop, meter and meter box, all used to extend water service from
the main to premises, the laying thereof and the tapping of the main.
Where services are divided at the curb or property line to serve several
customers, each such branch service shall be deemed a separate service.
means the cost of labor, material, transportation, supervision,
engineering, and all other necessary overhead expense.
means any physical connection between the piping system from
the division's service and that of any other water supply that is
not, or cannot be, approved as safe and potable for human consumption,
whereby water from the unapproved source may be forced or drawn into
the utility services division (water) distribution mains.
means a water pipe line in a street, highway, alley, or easement
used for public and private fire protection and for general distribution
of water.
means the person owning the fee, or the person in whose name
the legal title to the property appears, by deed duly recorded in
the county recorder's office, or the person in possession of the property
or buildings under claim of, or exercising acts of ownership over
same for himself, or as executor, administrator, guardian or trustee
of the owner.
means an individual or a company, association, copartnership
or public or private corporation.
means a lot or parcel of real property under one ownership,
except where there are well-defined boundaries or partitions such
as fences, hedges, or other restrictions preventing the common use
of the property by the several tenants, in which case each portion
shall be deemed separate premises. Apartment houses and office buildings
may be classified as single premises.
means water service and facilities for building sprinkler
systems, hydrants, hose reels and other facilities installed on private
property for fire protection and the water available therefor.
means the service and facilities of the entire water supply,
storage and distribution system of the division, including the fire
hydrants affixed thereto, and the water available for fire protection,
excepting house service connections and appurtenances thereto.
means water service and facilities rendered for normal domestic,
commercial and industrial purposes on a permanent basis, and the water
available therefor.
means water service and facilities rendered for construction
work and other uses of limited duration, and the water available therefor.
means division operated under the jurisdiction of the city
council represented by appropriate employees or agents.
(Ord. 443 § 1, 1991)
Notices to customers by the division will normally be given
in writing and either delivered or mailed to him at his last known
address. Where conditions warrant, and in emergencies, the utility
services division (water) may resort to notification either by telephone
or messenger.
(Ord. 443 § 1, 1991)
Notices from customers to the utility services division (water)
may be given by the customer or his authorized representative in writing,
in person or by mail at the division's office.
(Ord. 443 § 1, 1991)
The public services director shall have full charge and control
of the maintenance, operation and construction of the water works
and water distribution system of the district. The public services
director shall regularly inspect all physical facilities related to
the city water system, to see that they are in good repair and proper
working order, and to note and report violations of any ordinances
or water regulations.
(Ord. 443 § 1, 1991)
The supervisory employees of the utility services division (water)
shall consist of public services director and a utility services superintendent.
(Ord. 443 § 1, 1991)
Regular inspection of all physical facilities belonging and
related to the city water system to ensure they are in good repair
and proper working order and to note violations of any water regulations.
The public services director or his designee shall have charge of
other employees working under his direct supervision, particularly
relating to the repair and maintenance of the water system and the
reading of customer meters. He or she shall report and be responsible
to the city manager in all matters pertaining to the operation of
the utility services division (water). In the event of an emergency
requiring immediate action, he or she shall take whatever steps are
necessary to maintain customer service pending further action by the
city manager, if any. Supervision of all repair or construction work
authorized by the city council and any other duties prescribed elsewhere
in this chapter or which shall, after the effective date of the ordinance
codified in this chapter, be prescribed by the rules and regulations
of the city council are the responsibility of the public services
director or his designee.
(Ord. 443 § 1, 1991)
In the absence of the public services director, the duties set
forth may be performed by another employee who may be designated by
the public services director to perform such duties.
(Ord. 443 § 1, 1991)
The city will furnish a system, plant, and works used for and
useful in obtaining, conserving and disposing of water for public
and private uses, including all appurtenances to it, and lands, easements,
rights in land, water rights, contract rights, franchises, and other
water supply, storage and distribution facilities and equipment, including
but not limited to private and public developed projects both on-site
and off-site.
(Ord. 443 § 1, 1991)
All applicants for service connections or water service shall
be required to accept such conditions of pressure and services as
are provided by the distributing system at the location of the proposed
service connection, and to hold the city harmless for any damages
arising out of low pressure or high pressure conditions or interruptions
in service.
(Ord. 443 § 1, 1991)
The city shall not accept any responsibility for the maintenance
of pressure, and it reserves the right to discontinue service while
making emergency repairs, etc. Consumers dependent upon a continuous
supply of water should provide their own emergency storage.
(Ord. 443 § 1, 1991)
No one except an employee or representative of the utility services
division (water) shall at any time in any manner operate the curb
cocks or valves, except for repair on private property or to avoid
property damage, main cocks, gates or valves of the city's water system
or interfere with meters or their connections, street mains or other
parts of the water system.
(Ord. 443 § 1, 1991)
For the failure of the customer or his agent to comply with
all or any part of this chapter and any ordinance, resolution, or
order fixing rates and charges of the city's utility service division
(water), the customer's service shall be discontinued, and water shall
not be supplied such customer until he or she shall have complied
with the rule or regulation which he or she has violated or paid the
rates or charges made against him for services rendered. This section
shall be in addition to any other remedies authorized by law.
(Ord. 443 § 1, 1991)
The utility services division (water) reserves the right to
determine the size of service connections and their location with
respect to the boundaries of the premises to be served. The laying
of consumer's pipe line to the curb should not be done until the location
of the service connection has been approved by the utility services
division (water) superintendent.
(Ord. 443 § 1, 1991)
Every service connection installed by the utility services division
(water) shall be equipped with a curb cock or ball valve on the inlet
side of the meter. Such valve or curb cock is intended for the exclusive
use of the utility services division (water) in controlling the water
supply through the service connection pipe. If the curb cock or valve
is damaged by the consumer's use to an extent requiring replacement,
such replacement shall be at the consumer's expense.
(Ord. 443 § 1, 1991)
Domestic, commercial and industrial service connections shall
conform with the following rules and any deviation therefrom shall
be deemed unlawful:
A.
Separate
Building. Each house or building under separate ownership must be
provided with a separate service connection. Two or more houses under
one ownership and on the same lot or parcel of land may be supplied
through the same service connection; provided, that for each house
under a separate roof which shall face a street, an additional minimum
water charge will be applied to the single meter serving the house
or a separate service connection may be provided for each building.
The city reserves the right to limit the number of houses or the area
of land under one ownership to be supplied by one service connection.
B.
Single
Connection. Not more than one service connection for domestic or commercial
water supply shall be installed for one building, except under special
conditions approved by the public services director.
C.
Different
Owners. A service connection shall not be used to supply adjoining
property of a different owner or to supply property of the same owner
across a street or an alley.
D.
Divided
Property. When property provided with a service connection is divided,
each service connection shall be considered as belonging to the lot
or parcel of land which it directly enters.
E.
Service
Connections. The service connections extending from the water main
to the property line and including the meter, meter box and curb cock
or ball valve, shall be maintained by the utility services division
(water). All pipes and fixtures extending or lying beyond the meter
or seven feet from main whichever is closer shall be installed and
maintained by the owner of the property.
(Ord. 443 § 1, 1991)
The following rules are established for making main extensions:
A.
Any
owner of one or more lots or parcels, or a subdivider of a tract of
land, desiring the extension of one or more water mains, to serve
such property, shall make a written application therefor to the utility
services division (water), such application to contain the legal description
of the property to be served and tract number thereof, and any additional
information which may be required by the city, and be accompanied
by a map showing the location of the proposed connections.
B.
Upon
receipt of the application, the utility services division (water)
shall make an investigation and survey of the proposed extension and
shall report the findings to the city council, including the estimated
cost of any extensions involving the utility services division (water).
C.
The
city council shall thereupon consider the application and report of
the utility services division (water) and after such consideration
reject or approve the same.
D.
All
extensions of mains, fire hydrants, laterals and connections provided
for in accordance with this chapter and approved by the city council
shall by agreement become and remain the property of the city. When
a contractor or subdivider installs water mains, fire hydrants, laterals
and connections in any subdivisions at his own expense, but under
the supervision of the utility services division (water), such installations,
upon completion and before water service is provided shall be transferred
to the ownership of the city by appropriate grant deed and bill of
sale.
E.
No
dead-end lines shall be permitted, except with the approval of the
utility services superintendent, and in cases where circulation lines
are necessary they shall be designed and approved by the utility services
division (water) in advance of installation before becoming a part
of the city system.
F.
The
city will provide all main pipe line extensions in existing streets
to properties along dedicated roads and streets upon application for
water service and if in their opinion such water service is economically
feasible and to the advantage of the city system in serving the requirements
of the area. The cost of such extension of water mains shall be at
the expense of the applicant or group of applicants to be shared by
them. If an applicant could be served adequately by a certain size
pipe line to provide for future expansion of water services in the
area, the city may agree to share the cost of the pipe lines on terms
agreeable to both parties concerned. In the event that a larger pipe
line is installed at partial cost to the city, the city may require
future water users in the area who apply for new connections to reimburse
the utility services division (water) for such main line extension
cost until the full amount of the cost has been recovered.
G.
If
the property owners or subdividers initiating the pipe line extension
are required to defray the entire cost of any main line extension
under these regulations, and they wish to put up the entire cost of
the project, the city may agree to reimburse such property owners
or subdividers over a period of years by requiring all new connections
in that area to pay a proportionate amount of the cost to the city,
which money shall then be paid to the original investors until the
full amount has been paid.
(Ord. 443 § 1, 1991)
The applicant may apply for as many services as may be reasonably
required for his premises provided that the pipe line system for each
service be independent of the others and that they not be interconnected.
(Ord. 443 § 1, 1991)
No customer shall knowingly permit leaks or waste water. Where
water is wastefully or negligently used on a customer's premises,
seriously affecting the general service, the utility services division
(water) may discontinue the service if such conditions are not corrected
within five days after giving the customer written notice.
(Ord. 443 § 1, 1991)
All facilities installed by the city on private property for
the purpose of rendering water service shall remain the property of
the city and may be maintained, repaired or replaced by the utility
services division (water) without the consent or interference of the
owner or occupant of the property. The owner shall use reasonable
care in the protection of the facilities. No payment shall be made
for placing or maintaining the facilities on private property. Shrubbery
or plants must not be planted adjacent to fire hydrants or water meters.
If property owners do not cooperate in this, the city shall have the
right to remove such obstructions at the expense of the property owner
after giving notice of such intention.
(Ord. 443 § 1, 1991)
The customer shall be liable for any damage to the service facilities
when such damage is from causes originating on the premises by an
act of the customer or his tenants, agents, employees, contractors,
licensees, or permitees, including the breaking or destruction of
locks by the customer or others on or near a meter, and any damage
to a meter that may result from hot water or steam from a boiler or
heater on the customer's premises. The city shall be reimbursed by
the customer for any such damage promptly on presentation of a bill
for same.
(Ord. 443 § 1, 1991)
All individuals or business organizations are forbidden to attach
any ground wire or wires to any plumbing which is or may be connected
to a service connection or main belonging to the city. The city shall
hold the customer liable for any damage to its property occasioned
by such ground wire attachments.
(Ord. 443 § 1, 1991)
The customer shall provide a valve on his side of the service
installation, as close to the meter location as practicable, to control
the flow of water to the pipe lines on his premises. The customer
shall not use the service curb valve to turn meter on and off for
his convenience.
(Ord. 443 § 1, 1991)
Representatives from the utility services division (water) shall
have the right of ingress and egress to the customer's premises at
reasonable hours for any purpose reasonably connected with the furnishing
of water service.
(Ord. 443 § 1, 1991)
A customer, subdivider or their employees or agents shall not
make illegal and unauthorized connections to the water system with
or without a meter, thus avoiding the record of payment of water charges.
(Ord. 443 § 1, 1991)
Meters will be installed on or near property lines and shall
be owned by the city and installed and removed at its expense. No
rent or other remuneration will be paid by the city for a meter or
other facilities including connections belonging to individuals. All
meters will be sealed by the utility services division (water) at
the time of installation, and no seal shall be altered or broken except
by one of the utility services division (water) authorized employees
or agents.
(Ord. 443 § 1, 1991)
Meters moved for the convenience of the customer will be relocated
at the customer's expense. Meters moved to protect the city's property
will be moved at its expense. If the lateral distance which the customer
desires to have the meter moved exceeds eight feet, he or she will
be required to pay for new service at the desired location.
(Ord. 443 § 1, 1991)
Water service may be refused or discontinued to any premises
where there exists a cross-connection in violation of state or federal
laws.
(Ord. 443 § 1, 1991)
Service may be discontinued if necessary to protect the city
against fraud or abuse.
(Ord. 443 § 1, 1991)
Service may be discontinued for noncompliance with this chapter
or any other ordinance or regulation relating to the water service.
(Ord. 443 § 1, 1991)
A property owner or his agent may make application for regular
water service on a form provided by the utility services division
(water). Such application shall signify the customer's willingness
and intention to comply with this chapter and other ordinances or
regulation relating to the regular water service and to make payment
for the water service received.
(Ord. 443 § 1, 1991)
An application for water service will not be honored unless
payment in full has been made for water service previously rendered
to the applicant within the boundaries of the division.
(Ord. 443 § 1, 1991)
A.
Where
a regular charge has been fixed for the type of service connection
desired, such regular charges shall be paid in advance by the applicant.
Where there is no regular fixed charge, the city reserves the right
to require the applicant to deposit an amount equal to the estimated
cost of such service connection. The current schedule of regular service
connection charges is in resolution form.
B.
Only
duly authorized employees or agents of the utility services division
(water) will be authorized to install service connections.
(Ord. 443 § 1, 1991)
Regular water services will be installed at the location desired
by the applicant, of the size determined by the utility services division
(water). Service installation will be made only to property abutting
on distribution mains as have been constructed in public streets,
alleys or easements, or to extensions thereof as provided in this
chapter. Service installed in new subdivisions prior to the construction
of streets or in advance of street improvements must be accepted by
the applicant in the installed location.
(Ord. 443 § 1, 1991)
Customers making any material change in the size, character
or extent of the equipment or operations utilizing water services,
or whose change in operations results in a large increase in the consumption
of water, shall immediately give the utility services division (water)
written notice of the nature of the change and, if necessary, amend
or change their original application.
(Ord. 443 § 1, 1991)
A person or persons desiring to provide a water system within
a tract of land which he or she proposes to subdivide, shall make
written application therefor.
(Ord. 443 § 1, 1991)
The application shall state the number of the tract, the name
of the subdivision, and its location. It shall be accompanied by a
copy of the final map and of the plans, profiles and specifications
for the street work therein.
(Ord. 443 § 1, 1991)
If approved by the city council, it shall be required that the
subdivider shall meet all specifications set forth by the American
Water Works Association and city standards and specifications as to
adequate size, type and quality of materials used and the location
of main lines, valves, connections, fire hydrants, etc., and comply
with all requirements of the State Health Department and the department
of public safety (fire division).
(Ord. 443 § 1, 1991)
The utility services division (water) will not undertake on
its own initiative to provide or construct any main extension pipe
lines in a subdivision or for the extension of main lines from existing
pipe lines to the subdivision area. Such subdivision main lines and
service required, together with any extension of existing pipe lines
to such area, shall be the responsibility of and at the expense of
the subdivider. He or she shall provide and arrange for the construction
of all main lines, valves, connections and hydrants with laterals
to the inside of curb. Upon completion of the construction project,
the system shall be inspected by utility services and if approved,
the subdivider shall be required to obtain final approval of the city
engineer. Upon such approval, the subdivider shall be required to
transfer his ownership in the mains, valves, fire hydrants, laterals,
connections, etc., to the city before any regular water service shall
be supplied to the subdivided tract or area.
(Ord. 443 § 1, 1991)
If the city council shall require a subdivider or other person
to install a larger size main pipe line than that which would normally
be required or necessary to serve the interests of the subdivider
or others, by consent and written agreement between the subdivider
or others and the city council, the utility services division (water)
may agree to pay for the difference in cost between the small size
main pipe line and the large one which is deemed necessary and desirable
for future expansion of the system. All final agreements must be approved
and ratified by the city council.
(Ord. 443 § 1, 1991)
The utility services division (water) reserves the right to
set and maintain a meter on any service connection. The water consumer
shall be held liable, however, for any damage to the meter due to
customer's negligence or carelessness and in particular, for damage
caused by hot water or steam from the premises.
(Ord. 443 § 1, 1991)
All water customers who are renters, subdividers or builders
subject to frequent change of customers shall be required to make
a guarantee deposit set by resolution per connection returnable or
applicable to the last or closing bill.
(Ord. 443 § 1, 1991)
Temporary service connections shall be discontinued and terminated
within six months after installation unless an extension of time is
granted in writing by the utility services division (water).
(Ord. 443 § 1, 1991)
The applicant shall deposit, in advance, the estimated cost
of installing and removing the facilities required to furnish the
service exclusive of the cost of salvageable material. Upon discontinuance
of service, the actual cost shall be determined and an adjustment
made as an additional charge, refund or credit. If service is supplied
through a fire hydrant, the applicant will be charged as per resolution.
(Ord. 443 § 1, 1991)
All facilities for temporary service to the customer connection
shall be made by the utility services division (water) and shall be
operated in accordance with its instructions.
(Ord. 443 § 1, 1991)
The customer shall use all possible care to prevent damage to
the meter or to any other loaned facilities of the utility services
division (water) which are involved in furnishing the temporary service
from the time they are installed until they are removed, or until
forty-eight hours' notice in writing has been given to the utility
services division (water) that the contractor or other person is through
with the meter or meters and the installation. If the meter or other
facilities are lost or damaged, the cost of the meter or cost of making
repairs shall be paid by the customer.
(Ord. 443 § 1, 1991)
An applicant for temporary use of water from a fire hydrant
must secure a permit therefor from the utility services division (water)
and pay the regular fee charged for the installation and removal of
a meter to be installed on the hydrant, provide himself with a hydrant
wrench necessary to operate such hydrant, and pay for the water used
in accordance with the meter readings, at the rates prescribed by
resolution.
(Ord. 443 § 1, 1991)
Tampering with any fire hydrant for the unauthorized use of
water therefrom, or for any other purpose, is punishable by law.
(Ord. 443 § 1, 1991)
The applicant shall pay the estimated cost of water service
in advance or shall be otherwise required to establish acceptable
credit references.
(Ord. 443 § 1, 1991)
When an abnormally large quantity of water is desired for filling
a swimming pool or for other purposes, arrangements must be made with
the utility services division (water) prior to taking such water.
Permission to take water in unusual quantities will be given only
if it can be safely delivered through the city's facilities and if
other consumers are not inconvenienced thereby.
(Ord. 443 § 1, 1991)
The customer 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, licensees or permittees in installing, maintaining, operating
or interfering with such equipment. The city shall not be responsible
for and will not consider refunds or credits for the loss or wastage
of water occasioned by the breakage, leakage or damage to pipe lines
on customer's property which is beyond the customer's water meter.
The city also shall not be responsible for damage to property caused
by faucets, valves and other equipment that are open when water is
turned on at the customer's meter, either originally or when turned
on after a temporary shutoff.
(Ord. 443 § 1, 1991)
Defendant shall pay all costs of suit in any judgment rendered
in favor of the city.
(Ord. 443 § 1, 1991)
Fire hydrants are for use by the utility services division (water)
or by the department of public safety (fire division). Other parties
desiring to use fire hydrants for any purpose must first obtain written
permission from the utility services division (water) prior to use
and shall operate the hydrant in accordance with instructions issued
by the utility services division (water). Unauthorized use of hydrants
will be prosecuted according to law.
(Ord. 443 § 1, 1991)
A charge, to be determined by contract between the utility services
division (water) and organized fire protection agencies will be imposed
for hydrant maintenance and water used for public fire protection.
(Ord. 443 § 1, 1991)
When a fire hydrant has been installed in the location specified
by proper authority, the city has fulfilled its obligation. If a property
owner or other party desires a change in the size, type or location
of the hydrant, he or she shall bear all costs of such changes without
refund. Any change in the location of a fire hydrant must have the
approval of the proper authority.
(Ord. 443 § 1, 1991)
The applicant for private fire protection service shall pay
the total actual cost of installation of the service from the distribution
main to the customer's premises, including the cost of an approved
double detector check device as per City Standard W-11. Customer shall
be responsible for maintenance and testing of such device and meter
at cost.
(Ord. 443 § 1, 1991)
There shall be no connections between this fire protection system
and any other water distribution system on the premises.
(Ord. 443 § 1, 1991)
There shall be no water used through the fire protection service
except to extinguish fires and for testing the firefighting equipment.
(Ord. 443 § 1, 1991)
Any consumption recorded on the meter will be charged for at
double the regular service rates, except that no charge will be made
for water used to extinguish fires where such fires have been reported
to the department of public safety (fire division).
(Ord. 443 § 1, 1991)
The monthly rates for private fire protection shall be established
by the utility services division (water) upon receipt of application.
(Ord. 443 § 1, 1991)
Occasionally water may be obtained from a private fire service
for filling a tank connected with a fire service, but only if permission
is secured from the utility services division (water) in advance and
an approved means of measurement is available. The regular water rates
will be applied.
(Ord. 443 § 1, 1991)
If water is used from a private service in violation of the
agreement or of this chapter, the city may, at its option, discontinue
and remove the service.
(Ord. 443 § 1, 1991)
The city assumes no responsibility for loss or damage due to
lack of water or pressure, either high or low, and merely agrees to
furnish such quantities and pressures as are available in its general
distribution system. The service is subject to shutdowns and variations
required by the operation of the system.
(Ord. 443 § 1, 1991)
The city shall have the right to take a domestic, commercial
or industrial service connection from the fire service connection
at the curb to supply the same premises as those to which the fire
service connection belongs. The city shall also have the right to
determine the proportion of the installation costs properly chargeable
to each service connection, if such segregation of costs shall become
necessary.
(Ord. 443 § 1, 1991)
The city reserves the right to install on all fire service connections
a double detector check as per City Standard W-11, at the expense
of the owner of the property.
(Ord. 443 § 1, 1991)
The customer must comply with state and federal laws governing
the separation of dual water systems or installations of backflow
protective devices to protect the public water supply from the range
of cross-connections. Backflow protective devices must be installed
as per city standard and shall be open to test and inspection by the
utility services division (water). Plans for the installation of backflow
protection devices must be approved by the utility services division
(water) prior to installation.
(Ord. 443 § 1, 1991)
As a protection to the customer's plumbing system, a suitable
pressure relief valve must be installed and maintained by him, at
his expense, when check-valves or other protective devices are used.
The relief valve shall be installed between the check-valve and the
water heater.
(Ord. 443 § 1, 1991)
Whenever backflow protection has been found necessary on a water
supply line entering a customer's premises, then any and all water
supply lines from the utility services division (water) mains entering
such premises, buildings, or structures shall be protected by an approved
backflow device, regardless of the use of the additional water supply
lines.
(Ord. 443 § 1, 1991)
The double check valve or other approved backflow protection
devices shall be inspected and tested in accordance with the California
Administrative Code Title 17 by the utility services division (water)
or a certified tester. The devices shall be serviced, overhauled,
or replaced whenever they are found defective, and all costs of repair
and maintenance shall be borne by the customer.
(Ord. 443 § 1, 1991)
The service of water to any premises may be immediately discontinued
by the utility services division (water) if any defect is found in
the check valve installations or other protective devices, or if it
is found that dangerous unprotected cross-connections exist. Service
will not be restored until such defects are corrected.
(Ord. 443 § 1, 1991)
The city shall not be liable for damage which may result from
an interruption in service from a cause beyond the control of the
utility services division (water).
(Ord. 443 § 1, 1991)
The regular billing period will be monthly or bimonthly at the
option of the utility services division (water).
(Ord. 443 § 1, 1991)
Meters will be read as nearly as possible on the same day of
each month, as near the end of each month as practicable and reasonably
possible.
(Ord. 443 § 1, 1991)
Opening and closing bills for less than the normal billing period
shall be prorated both as to minimum charges and quantity by blocks
of one hundred cubic feet. If the total period for which service is
rendered is less than one month, the bill shall not be less than the
monthly minimum charge applicable. Closing bills may be estimated
by the utility services division (water) for the final period as an
expediency to permit the customer to pay the closing bill at the time
service is discontinued.
(Ord. 443 § 1, 1991)
Water charges are due and payable upon presentation to the property
owner or his or her tenant or agency as designated in the application.
Accounts are delinquent fifteen days after the date indicated on the
bill.
(Ord. 443 § 1, 1991; Ord. 761 § 2, 2020)
Bills for metered water services shall be rendered at the end
of each billing period. Flat rate service shall be billed in advance.
Bills shall be payable on presentation. On each bill for water service
rendered by the utility services division (water) shall be printed
substantially as follows: "Payment is due within fifteen days of billing
date. Service may be turned off if account is unpaid."
(Ord. 443 § 1, 1991; Ord. 761 § 3, 2020)
Separate bills will be rendered for each meter installation
except where the utility services division (water) has, for its own
convenience, installed two or more meters in place of one meter. Where
such installations are made the meter readings will be combined for
billing purposes.
(Ord. 443 § 1, 1991)
The water charge begins when a service connection is installed
and the meter is set, unless the water is ordered to be left shut
off when the service connection is ordered to be installed. Before
water is turned on by the utility services division (water) for any
purpose whatever, the property owner or tenant must sign a form in
which he or she guarantees payment of future water bills for the service
required. The person signing the guarantee form or meter set form
will be held liable for water used until the utility services division
(water) is notified in writing to discontinue service or to transfer
the account to another owner or tenant.
(Ord. 443 § 1, 1991)
A person taking possession of premises and using water from
an active service connection without having made application to the
utility services division (water) for meter service shall be held
liable for the water delivered from the date of the recorded meter
reading, and if the meter is found inoperative, the quantity consumed
will be estimated. If proper allocation for water service is not made
upon notification to do so by the utility services division (water),
and if accumulated bills for service are not paid immediately, the
service may be discontinued by the utility services division (water)
without further notice.
(Ord. 443 § 1, 1991)
When turning on the water supply as requested, and the house
or property is vacant, the utility services division (water) will
endeavor to ascertain if water is running on the inside of the building.
If such is found to be the case, the water will be left shut off at
the curb cock on the inlet side of the meter. The utility services
division (water) jurisdiction and responsibility ends at the property
line for all purposes, and the utility services division (water) will
in no case be liable for loss of wasted water or for damages occasioned
by water running from open or faulty fixtures, or from broken, leaking
or damaged pipes inside of the property line of the customer.
(Ord. 443 § 1, 1991)
Customers desiring to discontinue service should so notify the
utility services division (water) two days prior to vacating the premises.
Unless discontinuance of service is ordered, the customer shall be
liable for regular charges whether or not any water is used.
(Ord. 443 § 1, 1991)
All unpaid rates and charges and penalties provided in this
chapter may be collected by suit.
(Ord. 443 § 1, 1991)
Each and all premises which are served by a connection to the
water system of the city shall be charged and the owner thereof shall
pay a water service usage charge based upon a schedule for such charges
fixed by resolution duly adopted by the city council.
(Ord. 443 § 1, 1991)
All ruling of the city council shall be final. All administrative
decisions of the staff concerning city policies, rules or regulations
shall be appealed, if at all, to the city council within ten days
subsequent to written notice of such administrative decision; otherwise,
the decision shall be deemed final.
(Ord. 443 § 1, 1991)
All meters will be tested prior to installation, and no meter
will be installed which registers more than two percent fast. If a
customer desires to have the meter serving his or her premises tested,
he or she shall first deposit the fees required and may be present
when the meter is tested in the meter shop of the utility services
division (water). Should the meter register more than two percent
fast, the deposit will be refunded, but should the meter register
less than two percent fast, the deposit will be retained by the utility
services division (water).
(Ord. 443 § 1, 1991)
If a meter tested at the request of a customer is found to be
more than two percent fast, the excess charges for the time service
was rendered the customer requesting the test, or for a period of
six months, whichever shall be the lesser, shall be refunded to the
customer.
(Ord. 443 § 1, 1991)
If a meter tested at the request of a customer is found to be
more than five percent slow, the utility services division (water)
may bill the customer for the amount of the undercharge based upon
corrected meter readings for the period, not exceeding six months,
that the meter was in use.
(Ord. 443 § 1, 1991)
If a meter is found to be not registering, the charges for service
shall be at the minimum monthly rate or based on the estimated consumption,
whichever is greater. Such estimates shall be made from previous consumption
records for a comparable period or by such other method as is determined
by the utility services division (water) and its decision shall be
final.
(Ord. 443 § 1, 1991)
Nonresidential service may be discontinued if payment is not
made by the delinquent date. Service to residential accounts may be
discontinued if bills are delinquent for sixty calendar days.
(Ord. 443 § 1, 1991; Ord. 761 § 4, 2020)
Failure to receive a bill for service rendered does not relieve
consumer of liability. Any amount due shall be deemed a debt to the
city, and any person, firm or corporation failing, neglecting or refusing
to pay such indebtedness shall be liable to an action in the name
of the city in any court of competent jurisdiction for the amount
thereof.
(Ord. 443 § 1, 1991)
A reconnection charge, plus penalties as per resolution shall
be made and collected prior to renewing service following a discontinuance
of water service due to nonpayment of bill, and an additional charge
shall be made whenever it is deemed necessary to remove the meter
from the premises.
(Ord. 443 § 1, 1991)
Rates and charges which are not paid on or before the day of
delinquency shall be subject to a penalty of ten percent and thereafter
shall be subject to a further penalty of two percent per month on
the first day of each month following.
(Ord. 443 § 1, 1991)
The security deposit is the charge which insures payment of
minimum utility service division (water) charges. Upon discontinuance
of service the security deposit shall be applied to reduce any unpaid
charges outstanding on the customer's account. The amount of deposit
required shall be established by the city council in the resolution
on fees. The security deposit shall be refunded to the customer as
provided in this section.
(Ord. 443 § 1, 1991)
It is unlawful for any person, firm or corporation to deposit,
drain, wash, allow to run or divert into or upon any public road,
highway, street or alley, drainage ditch, storm drain or flood control
channel owned by or controlled by any public agency within the city,
any water, mud, or sand; except that, upon written application of
any person filed with the city and approved by the director of public
services, the city may, upon such terms and conditions as it may deem
advisable to impose, including the charging of a fee therefor, grant
a permit to such person to do any of the acts prohibited by this section,
provided the same shall not be detrimental to the public health, safety
or welfare. For purposes of enforcement of this section, the owner
of the meter or property which is the source of the waste or nuisance
water or other substance as defined in this section is considered
the party responsible for any violations cited under this section.
(Ord. 443 § 1, 1991)
Normal conditions shall be in effect when the city is able to
meet all the water demands of its customers in the immediate future.
During normal conditions all water users should continue to use water
wisely, to prevent the waste or unreasonable use of water, and to
reduce water consumption to that necessary for ordinary domestic and
commercial purposes.
(Ord. 443 § 1, 1991)
In the event of a threatened water supply shortage which could
affect the city's ability to provide water for ordinary domestic and
commercial uses, the city council shall hold a public hearing at which
consumers of the water supply shall have the opportunity to protest
and to present their respective needs to the city. The city council
may then, by resolution, declare a water shortage condition to prevail,
and the following conservation measures shall be in effect.
A.
Exterior
Landscape Plans. Exterior landscape plans for all new commercial and
industrial development shall provide for timed irrigation and shall
consider the use of drought resistant varieties of flora. Such plans
shall be presented and approved by the city prior to issuance of a
water service letter.
B.
Excessive
Irrigation and Related Waste. No customer of the city or other person
acting on behalf of or under the direction of a customer shall cause
or permit the use of water for irrigation of landscaping or other
outdoor vegetation, plantings, lawns or other growth, to exceed the
amount required to provide reasonable or excessive waste of water
from such irrigation activities or from watering devices or systems.
The free flow of water away from an irrigated site shall be presumptively
considered excessive irrigation and waste as defined.
C.
Agricultural
Irrigation. Persons receiving water from the city who are engaged
in commercial agricultural practices, whether for the purpose of crop
production or growing of ornamental plants shall provide, maintain
and use irrigation equipment and practices which are the most efficient
possible. Upon the request of the director of public services, these
persons may be required to prepare a plan describing their irrigation
practices and equipment, including, but not limited to, an estimate
of the efficiency of the use of water on their properties.
D.
Commercial
Facilities. Commercial and industrial facilities shall, upon request
of the director of public services, provide the city with a plan to
conserve water at their facilities. The city will provide these facilities
with information regarding the average monthly water use by the facility
for the last two-year period. The facility will be expected to provide
the city with a plan to conserve or reduce the amount of water used
by that percentage deemed by the city council to be necessary under
the circumstances. After review and approval by the director of public
services, the water conservation plan shall be considered subject
to inspection and enforcement by the city.
E.
Parks,
Golf Courses, Swimming Pools and School Grounds. Public and private
parks, golf courses, swimming pools and school grounds which use water
provided by the city shall use water for irrigation and pool filling
between the hours of six p.m. and six a.m.
F.
Domestic
Irrigation. Upon notice and public hearing, the city may determine
that the irrigation of exterior vegetation shall be conducted only
during specified hours and/or days, and may impose other restrictions
on the use of water for such irrigation. The irrigation of exterior
vegetation at other than these times shall be considered to be a waste
of water.
G.
Swimming
Pool. All residential, public and recreational swimming pools, of
all sizes, shall use evaporation resistant covers and shall recirculate
water. Any swimming pool which does not have a cover installed during
periods of nonuse shall be considered a waste of water.
H.
Runoff
and Washdown. No water provided by the city shall be used for the
purposes of washdown of impervious areas without specific written
authorization of the director of public services. Any water used on
a premises that is allowed to escape the premises and run off into
gutters or storm drains shall be considered a waste of water.
I.
Vehicle
Washing. The washing of cars, trucks or other vehicles is not permitted,
except with a hose equipped with an automatic shut-off device, or
at a commercial facility designated and so designated on the city's
billing records.
J.
Drinking
Water Provided by Restaurants. Restaurants are requested not to provide
drinking water to patrons except by request.
(Ord. 443 § 1, 1991)
In the event of a water shortage emergency in which the city
may be prevented from meeting the water demands of its customers,
the city council shall, if possible given the time and circumstances,
immediately hold a public hearing at which customers of the city shall
have the opportunity to protest and to present their respective needs
to the city council. No public hearing shall be required in the event
of a breakage or failure of a pump, pipeline, or conduit causing an
immediate emergency. The director of public services is empowered
to declare a water shortage emergency, subject to the ratification
of the city council within seventy-two hours of such declaration,
and the following rules and regulations shall be in effect immediately
following such declarations:
A.
Prohibition.
Watering of parks, school grounds, golf courses, lawn watering, landscape
irrigation, washdown of driveways, parking lots or other impervious
surfaces, washing of vehicles, except when done by commercial car
wash establishments using only recycled or reclaimed water, filling
or adding water to swimming pools, wading pools, spas, ornamental
ponds, fountains and artificial lakes are prohibited.
B.
Restaurants.
Restaurants shall not serve drinking water to patrons except by request.
C.
Construction
Meters. No new construction meter permits shall be issued by the city.
All existing construction meters shall be removed and/or locked.
D.
Commercial
Nurseries and Livestock. Commercial nurseries shall discontinue all
watering and irrigation. Watering of livestock is permitted as necessary.
(Ord. 443 § 1, 1991)
The director of public services of the city shall monitor the
supply and demand for water on a daily basis to determine the level
of conservation required by the implementation or termination of the
water conservation plan stages and shall notify the city council of
the necessity for the implementation or termination of each stage.
Each declaration of the city council implementing or terminating a
water conservation stage shall be published at least once in a newspaper
of general circulation, and shall be posted at the city offices. Each
declaration shall remain in effect until the city council otherwise
declares, as provided in this section.
(Ord. 443 § 1, 1991)
The director of public services may grant permits for uses of
water otherwise prohibited under the provisions of this chapter if
he or she finds and determines that restrictions herein would either:
A.
Hardship.
Cause an unnecessary and undue hardship to the water user or the public;
or
B.
Emergency.
Cause an emergency condition affecting the health, sanitation, fire
protection or safety of the water use or of the public.
(Ord. 443 § 1, 1991)
Such exceptions may be granted only upon written application
therefor. Upon granting such exception permit, the director of public
services may impose any conditions he or she determines to be just
and proper.
(Ord. 443 § 1, 1991)
Authorized employees of the city, after proper identification
may, during reasonable hours, inspect any facility having a water
conservation plan, and may enter onto private property for the purpose
of observing the operation of any water conservation device, irrigation
equipment or water facility. Employees of the city may also observe
the use of water or irrigation equipment within the city from public
rights-of-way and as alleged violations are reported to the city.
(Ord. 443 § 1, 1991)
Unless otherwise provided by resolution in the city policy on
residential water service shut-off for nonpayment, violators of the
mandatory provisions of this chapter shall be subject to civil action
initiated by the city as follows:
B.
Second
Violation. For a second violation of this chapter within a twelve-month
period or for failure to comply with the notice of violation within
the period stated, a surcharge of one hundred dollars is imposed for
the meter through which the wasted water was supplied.
C.
Third
Violation. For a third violation of this chapter within a twelve-month
period, or for continued failure to comply within thirty days after
notice of an imposition of second violation sanctions, a one-month
penalty surcharge in the amount of two hundred dollars is imposed
for the meter through which the wasted water was supplied. In addition
to the surcharge, the city may, at its discretion, install a flow-restricting
device at such meter with a one-eighth inch orifice for services up
to one and one-half inch size, and comparatively sized restrictors
for larger services, on the service of the customer at the premises
at which the violation occurred for a period of not less than forty-eight
hours. The charge to the customer for installing a flow-restricting
device shall be based upon the size of the meter and the actual cost
of installation but shall not be less than that provided in the city's
rules and regulations. The charge for removal of the flow-restricting
device and restoration of normal service shall be as provided in the
city's rules and regulations.
D.
Subsequent
Violations—Discontinuance of Service. For any subsequent violation
of this chapter within the twenty-four calendar months after a first
violation as provided in this section, the penalty surcharge shall
be imposed and the city may discontinue water service to that customer
at the premises or to the meter where the violation occurred. The
charge for reconnection and restoration of normal service shall be
as provided in the rules and regulations of the city. Such restoration
of service shall not be made until the director of public services
of the city has determined that the water user has provided reasonable
assurances that future violations of this chapter by such user will
not occur.
(Ord. 443 § 1, 1991; Ord. 761 § 5, 2020)
A.
First
Violation. For a first violation, written notice shall be given to
the customer and/or property owner personally or by regular mail.
B.
Subsequent
Violation. If the penalty assessed is a surcharge for a second or
third violation, notice may be given by regular mail.
C.
Penalties
Involving Installation of Flow-restrictors or Discontinuance of Water
Service. If the penalty assessed is, or includes, the installation
of a flow restrictor or the discontinuance of water service to the
customer for any period of time, notice of the violation shall be
given in the following manner:
1.
Personal Service. By giving written notice thereof to the occupant
and/or property owner personally, or if the occupant and/or property
owner is absent from his/her place of residence and from his/her assumed
place of business, by leaving a copy with some person of suitable
age and discretion at either place, and sending a copy through the
United States mail addressed to the occupant and/or owner of his/her
place of business or residence; or
2.
Posting. If such place of residence and business cannot be ascertained,
or a person of suitable age or discretion cannot be located, then
by affixing a copy in a conspicuous place on the property where the
failure to comply is occurring and also by delivering a copy to a
person there residing, if such person can be found, and also sending
a copy through the United States mail addressed to the occupant at
the place where the property is situated and to the owner if different.
(Ord. 443 § 1, 1991)
All notices provided for in Section 13.04.1030 shall contain, in addition to the facts of the violation, a statement of the possible penalties for each violation and a statement informing the occupant/owner of his/her right to a hearing on the violation.
(Ord. 443 § 1, 1991)
Any customer or property owner against whom a penalty is levied
pursuant to this chapter shall have a right to a hearing, in the first
instance by the director of public services, with the right of appeal
to the city council, on the merits of the alleged violation upon the
written request of that customer within fifteen days of the date of
alleged violation. At the next regularly scheduled meeting, the customer
may then appear and present any evidence in support of his or her
position and ask for a decision by the city council.
(Ord. 443 § 1, 1991)
The city council shall act promptly to resolve the dispute,
but may delay a resolution of the dispute to the time of its next
regular meeting in order to investigate the dispute or receive special
reports related to the dispute.
(Ord. 443 § 1, 1991)
The decision of the city council shall be final. Should the
city council not render a decision within sixty days of application
to the city council, this failure to act shall be deemed a denial
of the requested action, unless both parties have agreed to extend
the resolution period.
(Ord. 443 § 1, 1991)
