The city council of Sunnyvale may from time to time hereafter in its discretion, fix the rates for water sold to consumers within or without the corporate limits of the city of Sunnyvale, by resolution of the council.
(Prior code § 11-1.06)
All meters shall be read as nearly as possible once every other month, with the exception of meters with commercial or industrial rating, which shall be read monthly. Billing periods shall as nearly as possible be bimonthly for nonindustrial meters, and monthly for industrially rated meters. Billing periods shall be staggered among the customers rather than on a uniform calendar monthly or bimonthly system for all customers. All bills for service are due and payable upon presentation. All bills must be paid to the Finance Department, 650 West Olive Avenue, Sunnyvale, on or before the twenty-fifth day after presentation. The procedure set forth in Chapter 12.50 of this code shall govern any discontinuation of service for failure to pay bills. A special services charge, at the rates hereafter fixed from time to time by resolution of the city council, shall be made for restoring said service.
(Prior code § 11-1.07; Ord. 955 § 1, 1961; Ord. 2192-86 § 2; Ord. 2211-87 § 1; 3062-15 § 6)
(a) 
All meters with an industrial rating shall be read as nearly as possible at monthly intervals. Opening and closing bills on meters with industrial ratings for water service for periods of less than thirty days shall be computed in accordance with the rate applicable to that service, but charges for the amount of water consumed shall be measured from the initial reading to the next regular reading or from the previous reading to the final reading, and other charges shall be prorated on the basis of the number of days of service in the billing period in question to the total number of days in that billing period.
(b) 
All meters not having an industrial rating shall be read as nearly as possible at bimonthly intervals. Opening and closing bills for water service on meters not having an industrial rating for periods of less than sixty days shall be computed in accordance with the rate applicable to that service, but charges for the amount of water consumed shall be measured from the initial reading to the next regular reading or from the previous reading to the final reading, and other charges shall be prorated on the basis of the number of days of service in the billing period in question to the total number of days in that billing period.
(Prior code 11-1.08; Ord. 2211-87 § 1)
Every person taking water shall be considered as having expressed his or her consent to be bound hereby, and whenever any one of the rules and regulations is violated, the right is reserved to shut off the water without notice.
(Prior code § 11-1.10)
In case a dispute should arise over the correctness of any bill rendered for water, the matter shall be presented to the city for adjustment pursuant to Chapter 12.50 of this code.
(Prior code § 11-1.11; Ord. 2192-86 § 3)
(a) 
The city shall have the right of refusing to, or ceasing to deliver water to a consumer, if any part of the consumer's service appliances or apparatus shall at any time be unsafe, or if the utilization of water by means thereof shall be prohibited or forbidden under the authority of any law or municipal ordinance or regulation, and may refuse to serve until the consumer shall put such part in good and safe condition and comply with all the laws, ordinances and regulations applicable thereto.
(b) 
The city does not assume the duty of inspecting the consumer's service appliances or apparatus or any part thereof and assumes no liability therefor. The owners of premises taking water must keep their service pipe, stopcocks and all apparatus connected therewith on said premises in good repair at their own expense; and no claim shall be made against the city of Sunnyvale by reason of bursting or any other disarrangement of any service pipe or any apparatus or any appliance connected therewith.
(c) 
The consumer shall at his or her own risk and expense, furnish, install and keep in good safe condition, all apparatus and appliances which may be required for receiving, controlling, applying and utilizing such water and the city of Sunnyvale shall not be responsible for loss or damage caused by the improper installation of such apparatus or appliances, negligence, want of proper care, or wrongful act of the consumer or any of his or her agents, employees, or licensees on the part of the consumer in installing, maintaining, using, operating or interfering with any such apparatus or appliances.
(Prior code § 11-1.12; Ord. 3062-15 § 7)
(a) 
All meters shall be installed by or under the supervision of the city. Such meters, wherever practicable, shall be placed in suitable meter boxes, located in the sidewalk. When it is not practicable to place meters in the sidewalk, or in other words between the curb and property line, the meters shall be installed in some convenient place approved by the water department upon the consumer's premises, and so placed as to be at all times accessible for inspection, reading and testing.
(b) 
The city shall, at its own expense, furnish and install service pipe of suitable capacity, from its mains to the meter for service of premises abutting upon a public street, along which it has a water main. The necessity and convenience of constructing new mains and service therefrom shall be determined by the city council.
(c) 
All meters and appliances installed by the city at its expense, whether in a public street or upon the consumer's premises, for the purpose of delivering water to the consumer, shall continue to be the property of the city, and may be repaired, replaced or removed by the city at any time. The consumer shall exercise reasonable care to prevent the meters and appliances installed upon the premises, from being injured or destroyed, and shall refrain from interfering with same, and in case any defect therein shall be discovered, shall notify the water department thereof.
(d) 
Any damage occurring to a meter or other appliances or pipes owned by the city, caused by the carelessness or neglect of the consumer, including any damage which may result from hot water or steam from any boiler, or heater on consumer's premises, shall be paid for by the consumer on presentation of a bill therefor.
(e) 
The consumer shall install that portion of the service from the meter to his or her premises, the expense of same to be paid by the consumer, and said service shall be provided with a shut-off valve. The materials furnished by the consumer in the construction of such service extension, will, at all times, be and remain the property of the consumer, and when necessary, will be maintained and repaired by the consumer.
(Prior code § 11-1.13; Ord. 3062-15 § 8)
(a) 
In all cases in which water is served to a building occupied by different and independent consumers of water, independent services must be provided for each such independent consumer, unless the owner or other responsible representative of the occupants prefers to have all such independent consumers under one meter, in which case he or she shall assume the entire account and pay not less than the sum of the minimum rates for all such independent consumers.
(b) 
All separate premises, even though owned by the same consumer, shall have a separate meter.
(c) 
When separate houses or buildings are located upon the same premises and occupied by different and independent consumers, a separate meter must be provided for each house or building.
(Prior code § 11-1.14)
No person or persons shall, without a written permit from the city, open or in any way tamper with or make any addition or alteration whatever to any street main, service connection, meter, stopcock, valve or aircock connected with the water mains.
(Prior code § 11-1.16; Ord. 3062-15 § 10)
(a) 
It is unlawful for any person to use, divert, receive or take water from the city water system from any public fire hydrant, blow-off valve, water main, water service lateral or other city facility or connection to a city facility, to which an authorized city metering device has not been installed or has been removed.
(b) 
It is unlawful for any person to use, divert, receive, or take water from the city water system without paying the full city charges for such water, such as by tampering with city property or facilities, removing a lock or plug that has been placed on consumer's service or meter, or by making an unauthorized connection to any city facilities or public fire hydrant.
(c) 
In addition to any other civil or criminal remedies authorized by law, any person who takes water in violation of this section shall be subject to a penalty that shall be set forth in a schedule of penalties established by resolution of the city council. If the person is a consumer of city water, the penalty may be added to his or her bill for water service and collected under the same rules and regulations.
(d) 
Any penalty imposed under this section may be appealed by filing a written notice of appeal with the city manager no later than ten days after receipt of the notice imposing the penalty. The city manager shall designate the hearing officer for the appeal hearing. The hearing shall be scheduled not less than fifteen calendar days and not more than sixty calendar days from the date that the appeal is filed. At the hearing, the party contesting the penalty shall be given the opportunity to testify and to present witnesses and evidence. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the penalty and shall state in the decision the reasons for that decision. The decision of the hearing officer shall be final.
(Ord. 3093-16 § 1)
Each consumer about to vacate any premises supplied with service shall give notice of his or her intended removal in writing or as determined by the city at least two days prior thereto, specifying the date desired for service to be discontinued; otherwise he or she will be held responsible for all water furnished to such premises until the city has notice of such removal.
(Prior code § 11-1.17; Ord. 3062-15 § 11)
(a) 
Any consumer may, upon not less than five days' notice, require the city to test his or her water meter. A deposit to cover the reasonable cost of the test may be required as established from time to time by resolution of the city council. The amount of the deposit will be returned to the consumer if the meter is found to register outside of acceptable accuracy standards as established by American Water Works Association (AWWA) under conditions of normal operation, otherwise the amount of deposit will be retained by the city. A consumer shall have the right to require that the meter be tested in his or her presence, or if he or she so desires, in the presence of an expert or other representative appointed by the consumer. The consumer will be notified in advance of the time and place the test will be made.
(b) 
A report giving the name of the consumer, date of request, location of premises, the type, make, size and number of the meter, the date of removal, the date tested and the result of the test, will be supplied to the consumer within a reasonable time after the completion of the test.
(c) 
All meters will be tested at the time of installation, and no meter will be placed in service or allowed to remain in service which has an error in registration outside of acceptable accuracy standards established by American Water Works Association (AWWA) under conditions of normal operation.
(Prior code 11-1.18; Ord. 1822-76 § 1; Ord. 2490-94 § 2; Ord. 3062-15 § 12)
(a) 
When a meter is found to be more than two percent fast, the city shall refund to the consumer the overcharge, based on the corrected meter readings for the period in which the meter was in use, not exceeding six months, unless it can be shown that the error was due to some cause, the date of which can be fixed, in this case, the overcharge shall be computed back to, but not beyond, such date.
(b) 
If, in the case of domestic or residential use, the meter upon test is found not to register, or to register less than seventyfive percent of the actual consumption, an average bill, or a bill for the water consumed, but not covered by the bill previously rendered for a period not to exceed three billing periods, may be rendered by the city to the consumer.
(c) 
If a meter for commercial service, upon test as herein provided, is found to register more than two percent slow, the water department may render a bill for water consumed, but not covered by bills previously rendered for a period not exceeding three billing periods.
(Prior code § 11-1.19; Ord. 3062-15 § 13)
(a) 
The city will exercise reasonable care and diligence to furnish and deliver a continuous and sufficient supply of water to the consumer, and to avoid any shortage or interruption of delivery. The city will not be liable for the failure, interruption, shortage or insufficiency of supply, or any loss or damage occasioned thereby, during a fire or at any other time.
(b) 
The city, whenever it finds it necessary for the purpose of making repairs or improvements to its system, will have the right to suspend temporarily the delivery of water, but in all cases as reasonable notice thereof as circumstances will permit will be given to the consumers.
(Prior code § 11-1.20; Ord. 3062-15 § 14)
(a) 
Water may be sold and supplied on a temporary service basis to consumers. As used in this chapter, temporary service refers to water service for crop irrigation or other agricultural uses, circuses, bazaars, fairs, temporary restaurants, construction works, and similar activities of a temporary nature.
(b) 
The applicant for such temporary service shall be required to pay to the city of Sunnyvale the actual costs of installing, maintaining, and removing any facilities necessary in connection with the furnishing of such service. The applicant for such temporary service shall not be required to pay the water frontage fees established by resolution of the city council and required to be paid by the owner or developer of property prior to the original connection of the property to the water system of the city of Sunnyvale, or if the uses of the property presently connected to the water system are enlarged, added to, or if further structures are constructed thereon.
(Prior code § 11-1.21; Ord. 1456 § 1, 1968)
(a) 
In case of fire or an alarm of fire, the city shall have the right to shut off water from any consumer or any number of consumers, without notice and to keep it shut off as long as it may be necessary.
(b) 
In case of fire or an alarm of fire, the use of fountains or yard or street sprinklers or house faucets is prohibited.
(c) 
No person shall, except in case of fire, use water from or tamper with any city hydrant without a permit from the city.
(d) 
Any duly authorized agent or employee of the city shall at all times have the right of ingress to and egress from the consumer's premises at all reasonable hours for any purpose reasonably connected with the furnishing of water and the exercise of any and all rights secured to the city by law.
(Prior code § 11-1.22; Ord. 3062-15 § 15)
Only duly authorized employees of the city are allowed to turn on water to any consumer's premises. It shall constitute a misdemeanor for any person, other than an employee of the city, to turn on any water service that has been officially shut off for the violation of any of the rules and regulations of the city.
(Prior code § 11-1.23; Ord. 3062-15 § 16)
The city shall have the right to limit the amount of water furnished to any consumer should circumstances seem to warrant such action, although no limit may be stated in the application or permit for such use.
(Prior code § 11-1.25; Ord. 3062-15 § 18)
All persons, firms or corporations are strictly forbidden to attach any ground wire or wires to any plumbing which is or may be connected to any service connection or main, and the city council may hold the owner of the premises liable for any damage to the property of the city occasioned by any such ground wire which is now or may hereafter be attached.
(Prior code § 11-1.26)
An applicant for a service larger than two inch in size for fire protection purposes will be required to furnish and install at his or her own expense a detector meter of a type approved by the National Board of Fire Underwriters, which meter shall be and remain the property of the applicant. Should the detector meter show any consumption of water except that used in time of fire, and for reasonable fire drill and tests of apparatus, the consumer shall pay for such water used at regular meter rates.
(Prior code § 11-1.27)
In all cases the city shall decide the size of the fire service pipe required, which shall be determined by the size of the street main, the available pressure on the main and the nature and capacity of the fire protection equipment within the building. In all cases where underwriter's pumps are to be installed, a suction pipe of sufficient internal area to deliver a quantity of water equal to the full rated capacity of the service pipe will be allowed, and no enlargement of said suction pipe inside the premises will be permitted.
(Prior code § 11-1.28; Ord. 3062-15 § 19)
If any sale of water should be made under conditions such that the rates herein set forth are not applicable, the city may, with the approval of the city council, enter into a special contract with the consumer.
(Prior code § 11-1.30; Ord. 3062-15 § 20)
If any person destroys or damages any fire hydrant, water main or any other property owned by the city which is part of the city's system for water use and delivery, he or she shall be held responsible for the entire cost of replacing or repairing the same and the bill shall be due and payable on presentation. If said person is a consumer of city water, the bill for such costs may be added to his or her bill for water service and collected under the same rules and regulations.
(Prior code § 11-1.31; Ord. 3062-15 § 21)
If the director of environmental services has any reason to believe that any privately owned meter is not registering correctly, the city shall have the right to test such meter or require the owner to test the meter in the presence of city staff, as may be determined by the owner.
(Prior code § 11-1.32; Ord. 3062-15 § 22)
The city council of the city of Sunnyvale, may, by resolution, from time to time hereafter, in its discretion, fix the rates for meter service charges to be paid by each applicant for water service, within or without the corporate limits of the city of Sunnyvale.
(Prior code § 11-1.33)
The city may, in its discretion, refuse to supply water and sewage service to any applicant therefor, or may refuse to certify any applicant to the Pacific Gas and Electric Company for gas and/or electric service, who has not first obtained any permit, license or other clearance required to be obtained, in connection with the improvement for which service is sought by any ordinance of this city, the county of Santa Clara, or the laws of the state of California.
(Prior code § 11-3.01; Ord. 3062-15 § 23)
(a) 
Permit Required. It is unlawful for any person to take water from a public fire hydrant without having first obtained a permit issued by the department of environmental services.
(b) 
Fee. At the time the application is filed with the director of environmental services, the applicant shall pay a fee sufficient to cover the cost of processing the application. The amount of the fee shall be set by resolution of the city council.
(c) 
Hydrant Meter. Any person taking water from a public hydrant shall utilize a hydrant meter rented from the department of environmental services. It is unlawful to tamper with or damage any portion of the construction hydrant meter device, the backflow unit, or any portion of the fire hydrant. Tampering with any portion of the hydrant meter backflow device is a violation of Section 12.28.290 of this code. If the hydrant meter or other city facilities are damaged, the applicant shall pay the full cost of repairs and/or replacement. If the hydrant meter is lost or stolen, the applicant shall pay the replacement cost of the hydrant meter as determined by the city. Service of water from the hydrant shall be immediately discontinued by the city if the backflow prevention device is removed or tampered with in any manner, if unprotected cross-connections exist on the premises, or if the customer fails to timely pay any fees or charges due hereunder. Service will not be restored until such conditions are corrected.
(d) 
Hydrant Meter Unreported Consumption. The city council may establish a monthly late fee or penalty that will be imposed on any person taking water through a hydrant meter who fails to report their water consumption by the tenth day of the month in accordance with the terms and conditions of the permit.
(e) 
Collection of Fees and Charges. If the customer is a consumer of city water, any fees or charges imposed under this section may be added to his or her bill for water service and collected under the same rules and regulations. Any person owing unpaid fees or charges under this section shall not be entitled to rent a hydrant meter until all such fees and charges are paid in full.
(Ord. 3093-16 § 2)