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)
A consumer's water service may be discontinued for nonpayment
of a bill for water service rendered him or her at a previous location,
provided said bill is not paid within thirty days after presentation
at the new location.
(Prior code § 11-1.09)
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)
(a)
Only duly authorized employees of the city are allowed to connect
the consumer's service to, or disconnect the same from the city
water mains, or supply pipes.
(b)
All employees of the city are strictly forbidden to demand or accept
any personal compensation or gratuity for services rendered any consumer.
(Prior code § 11-1.15; Ord. 3062-15 § 9)
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)
Where a service has not been used for a period of six months
the meter may be removed and a fee may be required for resetting the
meter as established by resolution of the city council.
(Prior code § 11-1.29; 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)
