City of Santa Monica, CA UTILITY DIVISION

The City Council by resolution may authorize cash rebates to any residential customer who has installed water conservation measures as set forth in the resolution authorizing the rebate.

No person who has been granted a rebate because of the installation of any water conservation measure shall remove such water conservation measure without first notifying the City of such removal. In the event of such removal, the City may require reimbursement in the amount of the rebate.

(Prior code § 7200A; added by Ord. No. 1493CCS, adopted 9/12/89)

§ 7.12.030 Residential water conservation incentive fee program.

The City Council by resolution may impose a conservation incentive fee on the charges for supplying water service to any residential consumer in the event the consumer has not installed any water conservation measure set forth in the resolution imposing the surcharge.

No person who has been relieved of the obligation to pay a conservation incentive fee because of the installation of any water conservation measure shall remove such water conservation measure without first notifying the City of such removal. In the event of such removal, the City may reimpose the conservation incentive fee.

(Prior code § 7200B; added by Ord. No. 1505CCS, adopted 12/12/89)

§ 7.12.040 Service to City departments and divisions.

General. Water furnished to municipal parks, cemeteries, public buildings, public property, et cetera, shall be measured by meters and a charge shall be made against the proper department or division of the City at the rates adopted pursuant to Section 7.12.010 herein. Charges made for installation of new services and meters and for changes in location or size shall be made as specified in Section 7.12.140.

Unmetered Service. For water furnished to the City through fire hydrants or other facilities, where in the opinion of the Utilities Manager it is not practical to meter, then the Utilities Manager shall estimate the quantity served and the charge shall be made against the proper department or division in accordance with the rates adopted pursuant to Section 7.12.010 herein.

(Prior code § 7201; amended by Ord. No. 1385CCS, adopted 9/9/86)

§ 7.12.050 (Reserved)

§ 7.12.060 Temporary water service.

From Fire Hydrants. Metered service from fire hydrants may be provided for limited periods upon proper application therefor, subject to the approval of the Utilities Manager and to all permit requirements of this Article.

Applicants shall be required to pay for service the actual cost of installing, maintaining, repairing and removing the meter and appurtenant piping; the actual cost of making any changes in location; the regular established bimonthly service charge for the installed meter; water used at two times the highest rate established pursuant to Section 7.12.010; and overhead costs as determined by the Finance Director.

Prior to installation of the temporary meter and service, the applicant shall pay a fee to the City. The amount of the fee shall be established and amended from time to time by resolution of the City Council.

All flow of water from the fire hydrant shall be controlled by means of the approved auxiliary valve, unless otherwise specifically authorized by the Utilities Manager. When such authorization has been granted, the hydrant shall only be operated with an approved spanner wrench.

Any person using a fire hydrant without authorization shall pay to the City a fee set by resolution, in addition to the estimated cost of water that was used.

Other. Whenever it is not possible or practical to provide temporary metered service from a fire hydrant, a temporary metered connection may be made to any existing water facility at the discretion of the Utilities Manager. The conditions of service, application procedures and charges shall be determined by the Utilities Manager.

Unmetered. For temporary service, where in the opinion of the Utilities Manager, it is not practical to meter, then the Utilities Manager shall estimate by any feasible method the quantity of water served and shall determine a fair and equitable charge therefor. For all unmetered service, however, a minimum charge shall be required. Such minimum charge shall be set by resolution of the City Council.

(Prior code § 7203; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 8, adopted 12/12/95)

§ 7.12.070 Hydrant flow tests.

The Utilities Division shall conduct tests of available water flows and pressures at various fire hydrant locations in the City if requested to do so by a developer or current or prospective customer. The fee for performing such tests shall be set by resolution, which may be amended from time to time, by the City Council.

(Added by Ord. No. 1836CCS § 31, adopted 12/12/95)

§ 7.12.080 (Reserved)

§ 7.12.090 Water capital facility fee.

The owner or developer of a building in the City shall pay a water capital facility fee to the City. This fee shall be paid before the issuance of the next permit or certificate required in the course of development or occupancy of the building. This fee shall be payable regardless of whether or not an actual connection to the water system has been made. No City permit or certificate of occupancy shall be issued in connection with a building until the payment of the fees prescribed in this Section.

The fee shall be established and from time to time amended or revised by resolution of the City Council.

This fee shall be supplementary to all other fees and charges required by this Chapter.

Specific improvements necessary to adequately supply water services to a building may be required by the Utilities Manager in lieu of or in addition to this fee.

Fire service installations are subject to this fee and, if necessary, specific off-site improvements may be required by the Utilities Manager to provide the necessary fire service water flow capacity to the building.

(Prior code § 7206; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 9, adopted 12/12/95)

§ 7.12.100 Calculation of charges for water.

For the purpose of calculating the proper charge to be made for water supplied by the City no notice shall be taken of quantities of water so furnished in less than quantities of one hundred cubic feet.

(Prior code § 7207; amended by Ord. No. 1385CCS, adopted 9/9/86)

§ 7.12.110 Meter reading, billing and collection.

Water meters shall be read approximately every sixty-one days subject to fluctuations due to holidays and weekends. Special meter readings may be taken because of change of customer, changes of meter size, or at other times as determined necessary by the Utilities Manager. In the event a meter cannot be read or in the event a meter has not registered or has registered incorrectly, the quantity of water used shall be estimated based on the average consumption at the property or similar property during a like period of time.

Water statements shall be due and payable upon presentation and shall become delinquent if not paid before the thirtieth day after mailing. If any customer is delinquent in the payment of his or her statement, the Utilities Manager may discontinue all water service to the premises concerned. Delinquent accounts will be assessed a late charge as provided for in this Section.

The Utilities Division may charge a fee for each trip made to the customer's property for the purpose of collecting a delinquent bill, discontinuing service or reestablishing service for a delinquent account. Water service may not be continued unless all deposits, delinquent charges and this fee are paid.

The Utilities Division may charge a service fee for any check which is returned to the Utilities Division as unpayable for any reason.

The amount of the fees described in this Section shall be set from time to time by resolution of the City Council.

(Prior code § 7208; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 10, adopted 12/12/95)

§ 7.12.111 Penalty for late payment of utility bills.

A late charge will be assessed against any current or cumulative past due balances (thirty days or over) appearing on a customer's bimonthly utility bill. This charge shall be due and payable immediately upon accrual. The late charge for utility bills shall be set by resolution of the City Council and may be amended by the City Council from time to time.

(Added by Ord. No. 1836CCS § 29, adopted 12/12/95)

§ 7.12.112 Time limits for credits and back charges.

Retroactive adjustments will be provided to a customer's utility bill when the customer has been mischarged. The maximum period for retroactive adjustments is two years from the date that the Utility Division is first notified of, or otherwise discovers, the error. Any overpayment or underbilling adjustments will be included as a credit or charge on the customer's future utility bill(s), unless other arrangements are requested by the customer and approved by the Utilities Manager, in his or her sole discretion.

(Added by Ord. No. 1836CCS § 30, adopted 12/12/95)

§ 7.12.120 Application for water service.

Each person desiring water service of any type shall make written application therefor in a form and manner prescribed by the Utilities Manager. The application shall contain the name and address of the applicant, the address or description of the property to be served, and an agreement on the part of the applicant to pay all applicable charges in the time and manner prescribed by code, and to abide by all provisions of the Code. The applicant may also be required to furnish name of employer, spouse's name and spouse's employer, if deemed advisable by the Utilities Manager.

(Prior code § 7209; amended by Ord. No. 1385CCS, adopted 9/9/86)

§ 7.12.130 Deposit guaranteeing payment.

Each applicant for service who has not had an account for service in Santa Monica for a period of at least six consecutive billing periods, part of which has been within the preceding twelve months, or whose payment record at another address has been unsatisfactory in the judgment of the Utilities Manager shall be required to place a deposit with the City to guarantee the payment of all water service, sewer service and refuse collection charges. However, if a customer can show proof of prompt payment of rent or other utilities, such deposit shall not be required. A deposit shall also be required of any customer who allows his or her payment record to become unsatisfactory during the period in which water service, sewer service or refuse collection is received from the City. The amount of this deposit shall be approximately equal to an estimated three months billing for water service, sewer service and refuse collection charges, provided, however, that the minimum deposit shall be set by resolution of the City Council.

Public agencies shall not be required to place deposits.

Should any required deposit exceed two hundred and fifty dollars, a corporate surety bond in a form satisfactory to the City may be deposited in lieu of cash.

After the deposit has been held for six consecutive billing periods following July 1, 1986, during which time the customer's record has been satisfactory, said deposit shall be refunded or credited to the customer's account either upon request by the customer or when initiated by the City. If the deposit is credited to the customer's account, interest at a rate of one percent less than the average interest received by the City on invested funds for the preceding year determined quarterly shall be also credited to the customer's account. Deposits refunded to the customer shall be without interest.

Upon the discontinuance of any service, the deposit may be applied to any outstanding water service, sewer service or refuse collection charges in the customer's name, and any balance of deposit then remaining in the hands of the City shall be returned to the person by whom such deposit was made, without interest.

(Prior code § 7210; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 11, adopted 12/12/95)

§ 7.12.140 Service connections and meters.

New Services and Meters. Each person desiring the installation of a new service and meter shall make application therefor in the form and manner prescribed by the Utilities Manager. The size of the service and meter shall be subject to approval by the City. If a water distribution main is available adjacent to the property, the Utilities Division shall install a service and meter at any reasonable location selected by the applicant. If a water distribution main is not available adjacent to the property, then the Utilities Division may either require the installation of a water main at the applicant's expense or may install a service and meter adjacent to the nearest available main, in which case it shall be the responsibility of the applicant to obtain easements and install necessary service lines to the property.

The charges for installing each new service and meter, which amount shall be paid in advance by the applicant, shall be as set from time to time by resolution of the City Council.

Changes in Location and/or Size. When a change in location of an existing service and meter is requested by a property owner, or when a change in location is required by the City because of some act or omission of a property owner or customer, the charge, payable in advance, shall be the charge for installing a new service and meter.

When a decrease in size of an existing meter at the same location is requested by a property owner, the smaller meter shall be installed, provided that the requested meter is determined by the City to be of adequate size. The property owner shall pay a fee for this service which shall be established or amended by the City Council from time to time by resolution.

When a decrease in size of an existing meter at a different location is requested by a property owner, or when an increase in size of an existing meter at the same or a different location is requested or is required by the City, the charge, payable in advance, shall be the total installation and capital facility fee for the new size. In addition, with an increase in meter size, a capital facility fee of the difference between the new meter and old meter will be charged. With a decrease in meter size, no capital facility fee will be charged or credited to the fees payable.

Ownership of Services and Meters. All services and meters shall be owned by the Utilities Division. The expense of maintenance repair and renewal due to normal wear and tear shall be borne by the Utilities Division except that expenses incurred by any act or omission on the part of the customer, or the customer's family, employees, agents or tenants shall be charged to the customer. All meters will be sealed by the Utilities Division at the time of installation and no seal should be altered or broken except by one of its authorized employees.

All connections to services and meters shall be in a manner prescribed by the Utilities Manager. Substandard connections or the installation of any private or non-Utilities Division materials within meter boxes or vaults shall be corrected or removed within thirty days of mailing of notice by registered mail to the owner of record of the water service. Failure to comply may result in discontinued service.

Removal or Abandonment of Services and/or Meters. The Utilities Division reserves the right to remove or abandon any service and/or meter for which no person has made application and through which no water has legally passed during the preceding eighteen months. If the meter only is removed and the service left intact, and application is subsequently made for a meter of the same size, then the Utilities Division shall reset a meter. The charge, payable in advance, shall be the installation cost for that size meter. If the meter is removed and the service abandoned, and application is subsequently made for a meter of the same or different size, then the charge payable in advance, shall be the total installation cost and capital facility fees for the requested size.

Location of Water Meters. Water meters shall be located in the public right-of-way. Existing meters not so located shall be relocated at the option of the Utilities Division which shall bear all costs for such relocations except those associated with the consumer's connection to the relocated meters.

(Prior code § 7211; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 12, adopted 12/12/95)

§ 7.12.150 Meter requirements for new multi-family residential construction.

Multi-family residential dwellings comprising six or fewer residential units for which a building permit is issued after the effective date of the ordinance codified in this Section shall be required to install individual water meters for each unit in the manner approved by the Utilities Manager.

Multi-family residential dwellings comprising more than six residential units shall install a master meter in a location approved by the Water Resources Manager, or designee, as a means of measuring the total water use of the multi-family project. The master meter will be owned and maintained by the City. Submeters shall be required to measure water consumption in individual residential units. Submeters shall be privately owned and maintained.

(Prior code § 7211.5; added by Ord. No. 1513CCS, adopted 2/27/90; amended by Ord. No. 2500CCS § 1, adopted 11/24/15)

§ 7.12.160 Automatic fire services.

Application and Installation. Each person desiring service from a new or existing automatic fire line shall make application and pay a fee to the City as provided elsewhere in this Chapter. Existing buildings required to comply with the requirements for automatic fire extinguishing and protection systems established by Ordinance Number 1334CCS, shall be exempt from the fees established in Section 7.12.090. The applicant shall agree that no water shall be used through the fire service except that which is reasonably related to fire protection and shall agree to permit employees of the City upon proper identification to enter the premises to make inspections and tests of the fire system.

The Utilities Division assumes no responsibility for loss or damage because of lack of water or pressure and shall merely furnish such quantities and pressure as are available in its distribution system. The service is subject to shutdown and variations required by the operation of the system.

Applicants for new fire service installations shall pay the appropriate installation and capital facility fee as required under Section 7.12.090. Prior to commencing such work, the Utilities Manager shall estimate the charge and the applicant shall advance to the City said estimated charge. Upon completion of the work, the actual charge shall be determined by the Utilities Manager. The City shall refund to the applicant any portion of the amount paid which is in excess of the actual charge. In the event that the estimated charge paid by the applicant is less than the actual charge, the applicant shall pay to the City the difference between the estimated charge and the actual charge. All fire service connections and bypass meters shall be the property of the Utilities Division. Detector checks, water valves and piping after the service connection to the water main shall be the property of the applicant.

All connections to automatic fire services shall be in a manner prescribed by the Utilities Manager. Substandard connections or the installation of any private non-Utilities Division materials within the appurtenant fire service facilities shall be corrected or removed within thirty days of mailing of notice by registered mail to the owner of record of the automatic fire service. Failure to comply may result in discontinued service.

All new and existing automatic fire service installation connections must be inspected and approved by the Utilities Division prior to commencement of service.

Charges for Service. The standby charge for automatic fire service shall be set from time to time by resolution of the City Council. No additional charge shall be made for water used when in the opinion of the Utilities Manager such usage is reasonably related to fire protection.

Misuse of Fire Service. When in the opinion of the Utilities Manager, water is used which is not reasonably related to fire protection, double the established bimonthly charges shall apply until such usage is abated. Should any customer fail to abate the usage of water not related to fire protection within a reasonable period, the Utilities Division may discontinue the fire service. The customer shall be notified of such discontinuance and the City shall be held free from liability for loss or damage as a result of such shutoff. Services shall not be resumed until the customer has established to the satisfaction of the Utilities Manager that adequate provisions have been made to prevent further unauthorized use of water and has paid all outstanding standby charges, plus a turn-on charge as described in Section 7.12.110. In case of fire services which do not have approved detector check valves, the Utilities Manager may also require the installation of such a check valve at the customer's expense prior to resuming service.

(Prior code § 7212; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 13, adopted 12/12/95)

§ 7.12.170 Recycled water requirements.

Recycled Water Use. Recycled water shall be used within the City's recycled water service area in-lieu of potable water for all approved uses consistent with all applicable federal, state, and local laws effective January 1, 2023.

Definitions. The following definitions apply for purposes of administering this Section:

Applicant. An owner or authorized representative of a potential reuse site, who applies for recycled water service from the City, meeting user requirements set forth by LACDPH and DDW.

Director. The Director of the City's Public Works Department or his or her designee.

Guidelines. Santa Monica Recycled Water Use Guidelines, Policy, and Procedures.

New Development. Any new structure with any plumbing fixture(s), cooling tower(s), and/or new, enlarged, or relocated irrigation system, pond, or water feature.

(5)

Non-Potable Recycled Water Applications. The City's recycled water is suitable for the following non-potable applications:

(A)

Surface Irrigation Application. Allowable uses of recycled water for surface irrigation applications including any of the following: food crops, including all edible root crops, where the recycled water comes into contact with the edible portion of the crop; parks and playgrounds; school yards; residential and freeway landscaping; golf courses; cemeteries; decorative fountains; ornamental nursery stock where the public is not restricted; and other allowable applications specified by Title 22 of California's Code of Regulations provided approval is obtained from DDW and LACDPH.

(B)

Dual-Plumbing Application. A system utilizing separate piping systems for recycled water and potable water within a facility and where the recycled water serves plumbing fixtures (excluding fire suppression systems) used for flushing toilets and urinals, industrial process or boiler feeds, commercial laundries or carwashes, industrial or commercial cooling towers, evaporative condensers within a building; and/or other allowable applications specified by Title 22 of California's Code of Regulations provided approval is obtained from DDW and LACDPH.

(6)

Projected Non-Potable Water Demand. The total amount of projected non-potable water demand for a proposed new development.

(7)

Projected Potable Water Demand. The total amount of projected potable water demand for a proposed new development.

(8)

Recycled Water. Refers to domestic wastewater that has been cleaned so that it can be used more than once or reused.

(A)

Non-Potable Reuse. Refers to the use of recycled water for non-potable uses. The City treats wastewater, stormwater, and urban runoff to a quality suitable for non-potable uses such as landscape irrigation, water features, or toilet flushing as regulated by Title 22 of California's Code of Regulations. Non-potable recycled water is not intended for human consumption.

(B)

Indirect Potable Reuse. Refers to the use of advanced treated recycled water for a Groundwater Replenishment Reuse Project where the advanced treated recycled water is used to replenish a groundwater basin. The City treats wastewater, stormwater, and urban runoff to a quality suitable for groundwater replenishment regulated by Title 22 of California's Code of Regulations.

(9)

Recycled Water Service Area. The areas identified in the recycled water service area map. The recycled water service area map will be posted on the City's Water Resources Division website and included in the Guidelines.

(10)

Regulating Agencies for Recycled Water. Rules and Regulations for the end use of recycled water are enforced by the following agencies.

(A)

LARWQCB. The California Regional Water Quality Control Board, Los Angeles Region, is the State of California agency that regulates discharges of recycled water to surface waters on behalf of the United States Environmental Protection Agency through the issuance of National Pollutant Discharge Elimination System or Waste Discharge Requirement/Water Reclamation Requirement permits, which incorporate applicable recycled water requirements for the production, distribution and use of recycled water.

(B)

DDW. The State Water Resources Control Board, Division of Drinking Water is the State of California agency that regulates drinking water and coordinates with the Regional Boards to ensure a proposed recycled water project complies with all Federal and State regulations for the protection of public health.

(C)

LACDPH. The Los Angeles County Department of Public Health is the agency that certifies backflow prevention assembly testers, also having jurisdiction to regulate onsite cross-connection control in Los Angeles County.

Applicability for Mandatory Recycled Water Use. All new development within the recycled water service area and with a total floor area of seven thousand five hundred square feet or more shall be required to utilize one hundred percent recycled water for surface irrigation and/or dual-plumbing applications.

Exemptions for Recycled Water Use.

Any exemptions recognized by the LACDPH.

Fire protection systems in any development may not utilize recycled water and must be supplied by a separate potable water system unless allowed by LACDPH.

Where recycled water quality has been deemed non-suitable for a particular fixture, equipment or application as reasonably determined by the Director; in such case, the particular fixture, equipment or application may be exempt from the use of recycled water and must be supplied by a separate potable water system.

New development with a planning entitlement application determined complete before January 1, 2023.

Recycled Water Implementation Procedures. Applicable candidates for recycled water use must utilize the following standards for the implementation of recycled water services.

Departmental Standards, Forms, and Other Regulations. The City's Department of Public Works, Water Resources Division shall develop the Guidelines, including administrative standards, policies, procedures, and technical details, to carry out the purposes of this Section. The Guidelines shall be compiled in a separate document referred to as the Santa Monica Recycled Water Use Guidelines, Policy, and Procedures on file in the office of the Water Resources Division and posted on the City's Water Resources Division website. The City shall regularly maintain and update the Guidelines.

Recycled Water Service Design Standards. Recycled water systems for surface irrigation and dual-plumbing applications shall be designed and installed in accordance with the Guidelines and Chapter 8.32 (Plumbing Code), as amended from time to time.

Operation, Maintenance, and Inspection Standards. Recycled water systems for surface irrigation and dual-plumbing applications shall be operated, maintained, and inspected in accordance with Chapter 7.12 (Utility Division); any approvals of the recycled water systems issued by the City, LACDPH, and DDW; and the Guidelines.

(f)

Permit and Regulatory Approval Requirements for Applicable Candidates for Recycled Water Use.

Building Permit. As required by Section 8.08.050, an approved building permit from the City shall be required for the use of recycled water. An administrative fee shall be imposed to cover cost of administering and implementing the recycled water use requirements of this Section and shall be set by City Council resolution. The administrative fee shall be assessed and paid to the City by the permit applicant at the time of issuance of the building permit.

Conditional Approval for Use of Recycled Water. The applicant shall receive conditional approval for use of recycled water from LACDPH. LACDPH may also require the applicant receive conditional approval for use of recycled water from DDW according to the Guidelines. The applicant shall be responsible for filing required application(s) for recycled water service pursuant to this Section with LACDPH and DDW. Application requirements shall be pursuant to the Guidelines and as required by all applicable regulatory bodies. The City will not file applications to LACDPH and DDW on behalf of the applicant. The City will not issue a building permit until the necessary approvals or conditional approvals are obtained from LACDPH.

Other Permits and Regulatory Approvals. In addition to any permit required under this Section, the applicant must obtain and comply with all other required authorizations and permits and all other regulatory approvals from all City departments, and State and Federal agencies.

(g)

Termination of Service. The City may discontinue recycled water service to a facility for the following reasons:

Non-Payment of Bills. A service may be discontinued for nonpayment of any water charges of a customer, whether or not the payment delinquency is associated with recycled water service at the service connection or at any other City recycled or domestic water service connection of the same customer.

Benefit of Public Safety. Service may be discontinued if, at any point in the City's distribution system, the recycled water does not meet the requirements of regulatory agencies. Service would, in such case, be restored at such time as recycled water again meets the requirements of regulatory agencies, or at such time as the City supplements the recycled water system with water from other sources.

(h)

Violations. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the municipal code, violations of the provisions of this Section are subject to the penalty provisions in Chapter 1.08.

(i)

Undue Hardship Appeal Procedure.

The Director may exempt an owner or applicant from the requirements of this Section, upon showing by the owner that the requirements of this Section would cause undue hardship.

For purposes herein, an "undue hardship" shall be found where imposition of the recycled water requirements would deprive the owner of a development site of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.

An undue hardship application shall include all information necessary for the Director to make a finding of undue hardship, including, but not limited to, documentation showing the factual support for the claimed undue hardship.

The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions.

(5)

Any exemption granted by the Director is effective immediately.

(Added by Ord. No. 2697CCS § 1, adopted 3/22/22)

§ 7.12.180 Water Capacity Study Required for New Development.

Applicability. Except as provided in subsection (g), below, an applicant for New Development in the City shall conduct a Water Capacity Study to determine whether and to what extent additional local off-site water infrastructure improvements are necessary to serve the development.

Definitions.

New Development. For the purposes of implementing this Section, "new development" means any new construction with water fixtures; any increase in gross floor area of an existing development with new water fixtures; and any subdivision of land, including lot splits. Without limiting the generality of the foregoing definition, "new development" includes the addition of an accessory dwelling unit, as defined in Section 9.31.025, but does not include the addition of a junior accessory dwelling unit, as defined in Section 9.31.025;

"Adverse impact" means the inability to provide adequate potable water service due to the size of the existing infrastructure compared with the demand for potable water service required to serve existing and/or new development.

"Water Capacity Study" means a hydraulic analysis of the City's water distribution system to determine if the existing infrastructure could maintain reliable service to the new development or if off-site improvements are required to serve the new development.

Timing for Submittal of Study.

The need to conduct a Water Capacity Study for the new development shall be confirmed before the planning application, including, but not limited to Administrative Approval application or application for Development Review Permit, is deemed complete by the City. The Water Capacity Study, if required, shall be completed based upon the guidelines published by the City's Water Resources Manager and posted on the Water Resources Division website.

If a Water Capacity Study is required for the new development, the capacity study, findings of the capacity study, and the plans for any local off-site improvements required to serve the new development shall be completed before building plans are submitted for Building Permit Plan Check.

Requirements for Off-Site Improvements. If the City's Water Resources Manager or designee determines, based upon the Water Capacity Study results, that additional off-site infrastructure is required to satisfy the additional demand created by the new development, then the applicant for the new development shall be required to construct off-site infrastructure as necessary to accommodate the new development. Required off-site improvements shall be confirmed at the time of Building Permit Plan Check.

The applicant for the new development shall be responsible for paying all administrative fees (e.g., Water Study Review Fee) incurred by the City to review the Water Capacity Study.

(f)

The Water Resources Manager may refuse water service in areas where the new development will cause or contribute to creation of an adverse impact on the City's water distribution infrastructure.

(g)

Exemptions.

The City's Director of Public Works may exempt an applicant or new development from the requirements of this Section, upon showing by the applicant that the requirements of this Section would cause undue hardship.

For purposes herein, an "undue hardship" shall be found where imposition of the water capacity study and local off-site improvement requirements would deprive the applicant or new development of all economically beneficial use of that site or otherwise be prohibited by applicable State or Federal law.

The Director may approve the undue hardship exemption application, in whole or in part, with or without conditions.

(5)

Any exemption granted by the Director is effective immediately.

(Added by Ord. No. 2767CCS, 11/14/23)

§ 7.12.190 New subdivisions.

At the time of the laying out and the subdividing or resubdividing of tracts or parcels of land within the City, the owner of the tracts or parcels of land shall lay, at the expense of the owner in streets or along rights-of-way dedicated to public use, all water mains, submains and laterals necessary to serve water to the lands and to each and every lot and parcel thereof and the same shall thereupon become the property of the City and dedicated to the public use for the purpose of distributing water.

Before the work of installing such mains, submains and laterals shall be commenced, the owner proposing to install the same shall submit a detailed plan or plans of the work to be done, showing upon a map or maps drawn to a suitable scale, the streets or public ways within which the mains, submains and laterals are to be laid. There shall also accompany the map specifications showing the size and grade of pipe and fittings to be used including valves and hydrants. Such plans must be in conformity with this Code and with all the ordinances and rules existing in the City at the time of the contemplated installation, including the current construction standards of the Utilities Division and none of the actual work of the installation shall be proceeded with until the map or maps and specifications shall have been officially approved by the Utilities Manager.

(Prior code § 7215; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 14, adopted 12/12/95)

§ 7.12.200 New subdivisions - City installation of lines.

The owner of said lands may apply to the Utilities Division to have the Utilities Division furnish the necessary materials and labor to install the pipe lines. Upon payment of a sufficient amount to defray expenses of such lines and the availability of City forces as determined by the Utilities Manager, the Utility Division shall proceed with the work of installing said lines, keeping all cost data for labor and materials. Any excess remaining on deposit at the Finance Department, over and above said costs, plus overhead costs as determined by the Finance Director, shall be returned to said owner. In the event that the amount deposited with the Utilities Manager is insufficient to meet the cost of said materials and labor, plus overhead costs thereof, the owner shall pay the difference between such costs and the amount previously deposited.

(Prior code § 7216; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 15, adopted 12/12/95)

§ 7.12.210 Title to pipes.

The title to all the said water pipes shall remain vested in the City as a part of the water distributing system of said City.

(Prior code § 7217)

§ 7.12.220 Arrangements must precede tract acceptance.

No subdivision or resubdivision, or plat, or any tract within the City shall be accepted by the City Council and approved unless and until the necessary and required arrangements with regard to water service therein, under the terms of this Chapter, shall have been financially arranged and approved by the Director of Public Works.

(Prior code § 7218)

§ 7.12.230 Inspection of work.

All work and materials used, incident to the installation of water-distributing pipe within such subdivision, shall be inspected by the Utilities Division and said Division may reject any work done or any materials used and require new or for other work to be done or other materials used.

(Prior code § 7219; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 16, adopted 12/12/95)

§ 7.12.240 Testing meters.

Any consumer shall have the right to demand that the meter through which water is being furnished be examined and tested by the Utilities Division for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it by the Utilities Division to such consumer.

Upon such application being made, it shall be the duty of the Utilities Division to cause the meter to be examined and tested in the presence of the consumer during normal business hours for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it.

Prior to such examination, a meter testing deposit shall be collected from the consumer. The deposit based on meter size shall be established, and from time to time amended, by resolution of the City Council.

For any size meter, if the test proves the meter is not within plus or minus three percent of the American Water Works Standards, the meter testing fee will be refunded to the consumer and adjustments will be made to the water and sewer charges on the consumer's most current utilities bill.

If the consumer is not satisfied with tests performed by the Utilities Division, the meter shall be tested by the manufacturer. The consumer must agree to pay all costs of such further tests if the manufacturer's results verify the Utilities Division results. If the manufacturer's test results do not verify the Utilities Division results, the Utilities Division will bear all costs of said meter testing.

(Prior code § 7220; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 17, adopted 12/12/95)

§ 7.12.250 Turning on and using water.

No person, other than the authorized agents or employees of the Utilities Division shall turn on water or operate the shutoff valve at meters, fire hydrants, or any other Santa Monica water facilities without the consent of the Utilities Division. A fee set by resolution of the City Council shall be charged to any customer who causes or allows the meter shutoff valve or appurtenant piping to be damaged by unauthorized operation of the meter. This fee shall be doubled if the repair cannot be completed during normal business hours. Any negligent damage to the meter shutoff valve or appurtenant piping during authorized operation by the customer or the customer's agent shall be repaired at the expense of the customer.

(Prior code § 7222; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 18, adopted 12/12/95)

§ 7.12.260 Submeters.

The Utilities Division shall not be required to maintain or read submeters in any building for the purpose of giving information to the owner of said building as to the use of water by individual tenants. This provision shall not prevent any property owner from applying for and having installed at the regular rate, as many meters as may be desired to measure water to individual tenants.

(Prior code § 7223; amended by Ord. No. 1836CCS § 19, adopted 12/12/95)

§ 7.12.270 Conditions of service.

No connection shall be made for the purpose of supplying through a common unit two or more independent consumers occupying premises held under the same ownership, unless the houses are on the same lot or the property is what is known as a court or apartment house covering more than one lot. No physical connection shall be made through water pipes, to any abutting property, except in case of a court or apartment house as herein stated.

Where a consumer has more than one service serving one or more pieces of property, whether adjacent or separated, the applicable minimum charge shall be charged for each individual meter or service.

(Prior code § 7224)

§ 7.12.280 Supplying of water by consumers.

No consumers shall supply water to any person other than the occupant of the premises of said consumer, except that water may be supplied to any contractor for construction use for the consumer. The consumer shall be solely responsible for all bills accruing and the Utilities Division shall not be required to make collections for water from said contractor or to enter into any agreement between contractor and consumer.

(Prior code § 7225; amended by Ord. No. 1836CCS § 20, adopted 12/12/95)

§ 7.12.290 Emergency shut-offs.

Consumers shall install an appropriate shutoff inside of property lines at a location accessible in case of emergency. If the Utilities Division is required to shut off the water for an on-property leak due to the failure to use, lack of or inoperability of the emergency shutoffs, then charges as described in Section 7.12.110 of this Chapter shall apply to each trip to the property.

(Prior code § 7226; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 21, adopted 12/12/95)

§ 7.12.300 Water waste.

No person shall lawfully or neglectfully waste water in any manner whatsoever. Continued wasting of water after mailing of notice by registered mail to the consumer of record at the mailing address of record by the Utilities Manager may result in discontinued water service.

(Prior code § 7227; amended by Ord. No. 1385CCS, adopted 9/9/86)

§ 7.12.310 Shutting off water.

The Utilities Division may at any time order the water shut off from any premises connected with the City mains without notice for repairs, extensions or other necessary purposes.

(Prior code § 7228; amended by Ord. No. 1836CCS § 22, adopted 12/12/95)

§ 7.12.320 Covering meter boxes.

No person shall place upon or about any fire hydrant, gate-valve, manhole, stopcock, meter or meter box connected with the water pipes of the system of waterworks of the City, any object, materials, debris or structure of any kind so as to prevent free access to the same at all times.

(Prior code § 7229)

§ 7.12.330 Leaks in plumbing.

Consumers shall be required to pay for all water lost through failure to keep plumbing in repair, and the Utilities Division shall not be required to adjust excessive statements incurred by consumers in such a way.

(Prior code § 7230; amended by Ord. No. 1836CCS § 23, adopted 12/12/95)

§ 7.12.340 Fire hydrants.

Fire hydrants are provided for the sole purpose of extinguishing fires and are to be opened and used only by the Utilities Division or the Fire Department of the City, or by such persons as may be authorized by the Utilities Manager in accordance with Section 7.12.060 of this Chapter.

(Prior code § 7231; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 24, adopted 12/12/95)

§ 7.12.350 Unauthorized use of water.

No person shall use water from any service, fire hydrant, automatic fire service, blowoff valve, or any other Utilities Division facility without first obtaining permission of the Utilities Division. Any unauthorized use of water shall be charged at the rates described in Section 7.12.060 of fifty dollars, whichever is greater.

(Prior code § 7232; amended by Ord. No. 1385CCS, adopted 9/9/86; Ord. No. 1836CCS § 25, adopted 12/12/95)

§ 7.12.360 Water reserves fund.

A fund for accumulating excess water revenues is created, to be known as the "Water reserves fund." Such fund shall consist of excess water revenue and shall be used solely and exclusively for funding expenses of the Enterprise.

(Prior code § 7233; amended by Ord. No. 1836CCS § 26, adopted 12/12/95)

§ 7.12.370 Cross-connection control.

Guidelines. Cross-connection control guidelines shall be maintained in the Utilities Division office and shall list the situations requiring backflow prevention devices and the appropriate types of approved backflow prevention devices in conformance with Title 17 of the California Administrative Code.

Right of Examination. The Utilities Division shall have the right to enter all property in the presence of the owner or the owner's agent for the purpose of examining the plumbing and plumbing connections to determine the existence of actual or potential cross-connections.