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)
Note: Prior ordinance history: Ords. 1, 294, 286 and 333.
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)