For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Applicant"
is the person(s), firm, company, corporation, partnership, association, public corporation, political subdivision, city, county, district, the state, the United States of America, or any department or agent thereof, who is applying for water service.
"City"
means the city of Rio Vista, a municipal corporation, and its duly authorized representatives.
"Construction water permit"
means the permit required of anyone using water for construction purposes prior to installation of a permanent meter.
"Consumer"
means a person, firm, company, corporation, partnership, association, public corporation, political subdivision, city, county, district, the state, the United States of America, or any department or agent thereof, receiving water service or other services from the water system.
"Demand"
means the rate of draft of water for a specified time; the total quantity of water delivered or received for a specified time.
"Main extension"
means extension of distribution pipe lines, exclusive of service connections, beyond existing facilities.
"Mains"
means the transmission or distribution pipe lines of the water system.
"Meter"
means an instrument used by the city that measures and records the quantity of water passing through the water pipe or pipes or actuating the same.
"Premises"
means that separate identifiable and transferable lot or parcel of real property, including the improvements thereon except that portion thereof having well defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, for the purpose of this chapter shall be considered separate premises.
"Rio Vista municipal water system"
means the water system.
"Services"
means the delivering or receiving of water; a water service connection; and act or duty performed by the water system.
"Superintendent"
means the director of public works charged with the responsibility of administering, directing and representing the water system or designee.
"Unit"
means any space or area occupied by one or more persons, whether such occupation is for residential, business or mixed purposes, and regardless of the measurements or area so occupied.
"Water service"
means the delivery or receipt of water; a water service connection.
"Water service connection"
means the connection including service pipes, meters and appurtenances through which water delivery is made.
"Water system"
means the enterprise described as a waterworks system for the production, transmission and distribution of water, including lands, easements, water rights, reservoirs, water mains, filtration works, pumping stations, water supply, storage and distribution facilities and equipment, and other works, including any existing facilities used or useful in obtaining, conserving, treating and disposing of water for the city.
(Ord. 649 § 1, 2010)
A. 
Rules as set forth herein are adopted to govern the general operation of the Rio Vista municipal water system to provide an efficient and economical water supply.
B. 
The city council has the power to adopt by resolution policies which will further the purpose of this chapter and which do not conflict with the provisions herein or applicable law.
C. 
Rates, fees and charges as set forth herein shall be established periodically by the city council, after following applicable state law, and shall be set forth in a schedule of rates and charges as conditions to obtaining water and other services from Rio Vista municipal water system.
(Ord. 649 § 2, 2010)
Note: Former § 13.04.020, Rates, derived from Prior code § 25-2; Ord. 583; Ord. 642; Ord. 645; Ord. 646; and Ord. 649, was repealed by Ord. 017-2025, 6/17/2025.
The city council shall set the monthly rates for water service charges by ordinance or resolution. The failure to pay any charge shall constitute a violation of this chapter.
(Ord. 017-2025, 6/17/2025)
In case of fire, or alarm of fire, should circumstances warrant:
A. 
The city shall have the right to shut off water from any consumer or number of consumers without notice and to keep it shut off as long as needed for fire prevention efforts;
B. 
The fire chief shall have the authority, should the need arise, to request the setting of gates and valves in water mains to secure the greatest possible pressure at the points required. When the need for such changes has passed, the fire chief shall notify the superintendent in order that the system may be restored to its normal operating condition.
(Ord. 649 § 4, 2010)
No person other than authorized employees of the city or other persons duly authorized by the superintendent shall install, maintain, repair, move, replace, adjust, tamper with, manipulate, damage, disconnect or remove any water meter or any of the water pipes of the main line or distribution system or insert any obstruction therein. Any person or entity performing any of the foregoing actions, whether or not authorized by the department, shall pay the city's costs of investigating and repairing any resulting damage and/or replacing any removed item(s), and shall indemnify and hold harmless the city, its officers, and employees from any claims, actions, costs (including attorneys' fees), damages or other liability resulting or arising from such damage or removal.
It is a misdemeanor to break or to deface a meter so that it cannot be read.
(Ord. 649 § 4, 2010)
All persons engaged in construction or street work shall give at least 10 days' written notice to the city for removal or displacement of water system facilities that may interfere or conflict with street work, and any damage resulting to such facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacing of water facilities shall be paid by the person engaged in such work, except where provisions of city permits or contracts state otherwise.
(Ord. 649 § 4, 2010)
The city shall not be liable for damages resulting from:
A. 
Any interruption of service or damage caused by spigots, valves or other equipment or fixtures that are open when water is turned on, whether when water is turned on originally or when turned on after a temporary shutoff;
B. 
Any increase or decrease in delivery pressure.
(Ord. 649 § 4, 2010)
A. 
Title to all meters, service pipes and appurtenances, from the main to the curb and/or behind the sidewalk/right-of-way, used in providing a water service connection shall remain with the city and the charges set forth are for connections and do not convey any right of title.
B. 
The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.
C. 
If the water service is discontinued or abandoned, no right or refund of connection charges or credit in any manner accrues to the applicant, consumer or successor.
(Ord. 649 § 4, 2010)
The city shall collect charges for the installation of new water service connections installed by city forces. If unusual conditions are present that would result in additional costs beyond those specified in this section, the city shall adjust its charge in accordance with actual costs incurred for staff time and materials.
A. 
The connection charge shall be in the amount of $2,887 per consumer unit or equivalent. The service connection charge shall be broken down as follows:
System Unit
Buy-in Fee
Connection Fee
Supply, Wells
$78.00/C.U.
$316.00/C.U.
Storage, Reservoir
$145.00/C.U.
$708.00/C.U.
Transmission System
$445.00/C.U.
$1,195.00/C.U.
 
$668.00/C.U.
$2,219.00/C.U.
Each individual water connection application shall be reviewed, and that portion of the service connection charge that has been participated in either by development of a portion of that system unit or by participation in assessments to make required improvements in the system unit shall be credited. Credits shall be made on the basis of actual costs of the system unit. Calculations for credits within a subdivision shall be made at the time the subdivision agreement is accepted by the city council and such credits shall be applied to all connections within that subdivision. Such credits shall in no event exceed the unit charge of the connection fee. Existing lots for which both a valid subdivision map is in existence and for which water connections are available at the property frontage on the effective date of the ordinance codified in this section shall be exempt from the transmission system buy-in fee and the transmission system connection fee. Individual water lines qualifying for credit as transmission systems shall be determined by the city engineer from the subdivision improvement plans.
B. 
The following consumer units shall apply to residential structures:
1. 
For each detached structure designed for occupation exclusively by one family, which shall include all single-family dwellings, there shall be assigned one consumer unit; and
2. 
For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobilehome parks, there shall be assigned one consumer unit for the first room, suite of rooms or mobilehome, designed for occupation by a family.
C. 
The following consumer units shall apply to nonresidential structures:
1. 
There shall be assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels or portions thereof not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use, a number of consumer unit equivalents determined on the basis of the estimated potential water demand of such structures upon the city water system in relation to the normal potential water demand of a single-family residential structure.
Subject to the two exceptions listed as subdivisions (a) and (b) of this subsection, such determinations shall be based on the size of the water meter or service size for any such structure, in accordance with the following schedule:
Meter or Service Size
(inches)
Consumer Unit Equivalents
¾
1
1
2
1 ½
6
2
12
The number of consumer unit equivalents for meter or service sizes over two inches shall be determined by the city department of public works based upon the quantity of water flow.
a. 
The water meter or service size may be increased on the request of the city engineer for purposes of maintaining water pressure and in such instances such increase shall not result in an increment of consumer unit equivalents.
b. 
The city council shall have the power to negotiate industrial and wholesale service connection charges and the negotiated rates shall take preference over any other rates herein set forth.
D. 
The connection charge for recreational vehicle pads shall be determined by the city department of public works, based upon estimated flows and length of occupancy, subject to approval and modification by the city council. In no event shall a connection charge for a single residential vehicle pad exceed the amount applicable to one consumer unit.
E. 
On March 1, 1988, and on each March 1st thereafter, the connection charges shall be automatically increased from the amount then applicable by the percentage increase in construction costs between December 1st of each of the two immediately preceding years. The construction costs and the increase therein shall be based on the Engineering News-Record Construction Cost Index, provided however, that such annual increase shall not be less than five percent. The adjusted connection charges shall be rounded off to the nearest whole dollar figure.
Payment of all the charges as herein set forth shall be a condition precedent to connection to any water system of the city and shall be payable prior to the issuance of a building permit.
(Prior code § 25-6; Ord. 649 § 5, 2010)
A. 
Water service connections shall be installed only in public streets, easements or rights-of-way under the control of the city.
B. 
Where the premises to be served are on more than one street or alley, the superintendent has the discretion to designate where the service connection shall be installed.
C. 
New or relocated meters shall be installed in the public sidewalk or behind and/or adjacent to the public sidewalk within the public right-of-way. All meters must be installed at the minimum distance of three feet from a driveway area unless in the opinion of the superintendent it is impractical to do so.
D. 
Water service connection from the water main to the meter box is the city's responsibility.
E. 
The remaining portion of the water service connection from the public sidewalk within the public right-of-way to the premises is the responsibility of the owner, regardless of location of meter.
(Ord. 649 § 6, 2010)
A single service connection shall not serve more than one premises. Separate premises under a single ownership, control or management shall be supplied water through separate service connections unless the superintendent determines otherwise. The superintendent may permit separate premises to have a single service connection provided:
A. 
That the service connection will not violate the provisions of this chapter against reselling or redelivery to other consumers;
B. 
That the service connection will not establish a private distribution system;
C. 
That the service connection will not avoid main extension requirements;
D. 
That the service connection will not be a means of avoidance of meter or connection service charges or securing an advantageous water price without an equivalent guaranteed minimum.
(Ord. 649 § 6, 2010)
Consumers making any change in the size, character or extent of their facilities utilizing the water service which will require increasing the size of the existing service or result in a large or unusual increase in water usage shall immediately notify the superintendent in writing. Changes in size of meter, service pipe, or both, of existing service connections shall be at the expense of the consumer.
(Ord. 649 § 6, 2010)
In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or right-of-way to serve the property. Wherever as a condition of service a water main must be extended, the same shall be installed by the applicant in compliance with the provisions set forth in this chapter. The inside diameter of every main to be installed shall not be less than eight inches unless otherwise determined by the city engineer.
(Ord. 649 § 6, 2010)
A. 
When the city council determines it to be in the public interest for the city to extend water lines, in advance of street development or for any other purpose, the superintendent shall be ordered to proceed with such extensions to the extent and in the manner determined by the city council. Such extensions may be installed at the cost of the city or pursuant to other appropriate financing mechanisms.
B. 
If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained by the superintendent, together with an allocation of such costs to all parcels of property which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereto, severally and respectively.
(Ord. 649 § 6, 2010)
A. 
When an application is made for fire service connections, such sprinkler and fire service installation must be approved by the city's fire chief, by an approved fire rating bureau and by the superintendent. Each fire service shall be no less than four inches in diameter and shall have a detector check valve installed therein.
B. 
Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test, he/she shall notify the superintendent at least three working days in advance.
C. 
If it is found that an unauthorized connection or use has been made, the consumer shall be notified to discontinue such connection or use, and if the consumer fails or refuses to do so, the water to such service shall be shut off and remain so until the fire service connection receives proper approval.
(Ord. 649 § 6, 2010)
The procedure of rendering bills for water service, their payment and the consequences on nonpayment, unless otherwise provided elsewhere in this chapter, shall be governed by the following sections.
Bills for all water service will be rendered monthly. Meters shall be read at monthly intervals for the preparation of periodic billing. Special reading shall be taken for opening or closing bills.
A. 
Flat rate water bills shall normally be dated the first of each month and shall normally be mailed no later than three working days following the billing date.
B. 
Meter Billings. Water meters shall normally be read at the end of each calendar month and the resulting water charges shall normally be billed and mailed no later than three working days after the first of the following calendar month.
C. 
Water customers are responsible for charges, regardless of whether the customer receives water bills from the city for service. Any person who receives water service but does not receive regular bills from the city shall immediately contact the city's finance director. Any person who does not so comply shall be liable to the city for all unpaid water services consumed or used for the past three years, or for such longer period as may otherwise be authorized by law. Such liability shall attach regardless of whether the city has regularly billed the person, whether a water service account was established with the city, or whether the consumer was unknowingly using the service. For unbilled consumption of one year or more, repayment may, at the discretion of the city manager or designee, be repaid in an installment program over a reasonable period of time. During the period of repayment, a lien may be placed on the property in accordance with this chapter.
D. 
All payments of water bills may be made at City Hall during normal working hours, holidays excepted, or be mailed to the city by cash, check or money order or deposited in the city's drop box or other place(s) designated by the city manager. The city accepts no responsibility for nonreceipt of bills, except in circumstances that are under its direct control.
The city manager may designate a member of his or her staff as water collector and the water collector may collect water bills directly from the customer, or as the situation may warrant at the time of collection.
E. 
In case of dispute as to payment of a bill previously rendered, the consumer will be required to present the receipt of cash payment, cancelled check or other satisfactory evidence before adjustment or corrections shall be made.
F. 
In the case of single-family dwelling units, charges shall be billed to the applicant; provided, that if such applicant fails to pay any such charges when due, the city may take any and all action authorized by statute or ordinance against said applicant to collect outstanding users charges. In no event shall the city restrict service to a new applicant for the nonpayment of a prior occupant.
G. 
As a condition to the furnishing of water service to any user who is not the owner of the premises to which such services are to be provided, the user shall make a reasonable cash deposit with the city, in an amount to be determined from time to time by resolution of the city council, to secure the payment of all rates and charges imposed pursuant to the provisions of Section 13.04.020. Such deposit is to be held by the city until such time as water services to the user are discontinued, at which time the deposit shall first be applied to the payment of any utility rates and charges due to the city from the user and any amount not so applied shall be returned to the user.
As a condition to the furnishing of water services to premises where the owner is responsible for payment under the foregoing provisions of this section, the owner may be required to execute and deliver to the city a written agreement to pay all utility rates and charges for service to the premises.
H. 
Multiple Services for One Meter. When there are two or more services on one curb stop meter:
1. 
The owner shall agree to be responsible for payment of all utility services furnished to the living units until separate meters are installed to each living unit or the owner of a premises having utility services which do not have separate meters and boxes to each living unit or which otherwise do not conform to the requirement in this chapter at the time of its passage or amendment may be required to put in such meters or make such other changes as are necessary to conform to these requirements, when directed by the city.
2. 
For all water supplied by a single meter and tap to more than one consumer unit the minimum charge for the size of the service tap and meter shall be charged for each consumer unit, as is contained in Section 13.04.060 of this chapter.
(Ord. 649 § 7, 2010)
If the total period of service is less than the billing period, the bill shall be prorated based on the actual number of days usage in the billing month with the charges calculated on fixed cost and the actual water consumption.
(Ord. 649 § 7, 2010)
A. 
Bills are due and payable on presentation.
B. 
Payment will be determined by the city on the basis of the city's actual physical custody of an approved form of payment and not by the postmark stamped by the post office on payment made through the U.S. mail service.
C. 
It is unlawful for any person to fail or refuse to pay for any water service consumed or used, or any part thereof, as provided for in any resolution or ordinance fixing charges or fees as authorized by this code.
D. 
Civil Debt. The charge imposed by this chapter shall be a civil debt owing to the city from the person responsible for its payment, and the city may institute action in any court of competent jurisdiction to collect such debt, together with applicable penalties, interest, costs, and other expenses.
(Ord. 649 § 7, 2010)
A. 
All bills are due on the thirtieth (30th) day of the month, except for the month of February, and if all or any part of any bill is not paid by five p.m. on the due date a 10% delinquency penalty on the current amount will be added to the following bill.
For all delinquent accounts in excess of 30 days a penalty of not more than one-half of one percent per month shall be added to such bill during the time the bill remains unpaid.
B. 
Nonexclusivity of Remedies. The remedies provided herein shall be in addition to all other remedies authorized by law, and the enumeration of certain remedies shall not preclude the application of any other remedies not herein enumerated.
(Ord. 649 § 7, 2010)
A. 
Notice. Where utility service charges are delinquent, discontinuation of service may occur at 10:00 a.m. on the sixty-first (61st) day after the owner or occupant of the premises is delinquent.
1. 
The city shall provide notice of termination in accordance with Public Utilities Code Sections 10010 and 10010.1, which shall specify the date of the proposed termination, and the reasons therefor.
2. 
Any customer who initiates a complaint, requests an investigation, and/or appeals his or her water bill, the process for which shall be specified in the notice of termination, shall have water termination stayed during the complaint, investigation, or appeal.
3. 
Notice of Termination to Residents with a Master Meter. Where utility service charges are delinquent, discontinuation of service may occur at 10:00 a.m. on the sixty-first (61st) day after a master meter customer is delinquent. The city shall provide notice of termination to residents with a master meter pursuant to Public Utilities Code Sections 10009 and 10009.1 and in compliance with the city rules and regulations in effect at the time of providing such notice. Pursuant to California Health and Safety Code Section 116916(c), a residential occupant of a master meter who agrees to become a customer of the city must meet the city's rule and tariffs.
4. 
No Termination at Certain Times. Water service shall not be terminated because of delinquency in payment for such service on any Saturday, Sunday, state holiday, or at any time during which the city's business offices are not open to the public.
5. 
Customers with Medical Need for Water Service. Water service shall not be terminated to customers with a medical need for water service provided:
a. 
The customer supplies the city with certification from a primary care provider as defined in Welfare and Institutions Code Section 14088(b)(1)(A) declaring termination of water service would be life threatening to or pose a serious threat to the health and safety of the customer, or a resident of the premises where water service is provided;
b. 
The customer demonstrates he or she is financially unable to pay for water service, as provided in California Health and Safety Code Section 116910(a)(2);
c. 
The customer agrees to enter into a payment plan consistent with California Health and Safety Code Section 116910(a)(3) and the city's policy. The city may choose the payment option and its parameters;
d. 
If the customer fails to comply with a deferred or reduced payment plan or alternative payment schedule for 60 days or more, the city may discontinue residential service no sooner than five business days after the city posts notice of its intent to disconnect service in a prominent and conspicuous location at the property;
e. 
If while under a deferred or reduced payment plan or alternative payment schedule, the customer fails to pay his or her current residential service charges for 60 days or more, the city may discontinue residential service no sooner than five business days after the city posts notice of its intent to disconnect service in a prominent and conspicuous location at the property.
B. 
Discontinuance of Service Reconnections. The city shall not resume discontinued service until all the delinquent service charges, penalties and a reconnection charge (to be set by resolution) of water services to the premises have been paid.
1. 
Customers who demonstrate a household income below 200% of the federal poverty line may be subject to a maximum reconnection during normal operation hours of $50, or the actual cost of reconnection if less. Reconnection fees will be subject to an annual adjustment for changes in the Consumer Price Index beginning on January 1, 2021. The city may also waive interest charges on delinquent bills once every 12 months for customers who demonstrate a household income level below 200% of the federal poverty line.
C. 
Lien on Property. The city shall include a statement on its bill to each customer in substantially the following form: "Charges for municipal services and facilities shall constitute a lien against the lot or parcel of land against which the charge is imposed if said charges remain delinquent for 60 days." Pursuant to such notice, and if authorized by applicable state law, such charges may become a lien against the lot or parcel of land against which the charges are imposed if such charges remain delinquent for a period of 60 days and the customer's service deposit, if one had been made, did not fully liquidate the cumulative amount owed. The city shall cause to be recorded with the county recorder all such delinquent charges and when so recorded, such charges shall have the force, effect, and priority of a judgment lien.
D. 
After Office Hour Services. In addition to subsection B, any consumer requesting to be reconnected to city utility services after normal working hours, will be subject to an additional charge, at a minimum equal to the value of two call-out hours billed at the billing rate applicable to a senior maintenance worker, to cover city's actual costs in providing such services. Fees must be paid prior to commencement of services.
1. 
Customers who demonstrate a household income below 200% of the federal poverty line may be subject to a maximum after-hours reconnection of $150, or the actual cost of reconnection if less. Reconnection fees will be subject to an annual adjustment for changes in the Consumer Price Index beginning on January 1, 2021. The city may also waive interest charges on delinquent bills once every 12 months for customers who demonstrate a household income level below 200 percent of the federal poverty line.
E. 
Utility Charge—Waiver. A waiver of fees and penalties are generally not permitted, except as otherwise provided within the applicable municipal code sections and the city's policy on discontinuation of residential service. In addition, the finance officer and/or designee has the authority to waive fees under certain circumstances. In making a waiver determination, the finance officer and/or designee may consider all relevant circumstances, including, but not limited to, the following:
1. 
Payment was applied to the incorrect service account;
2. 
Incorrect information was provided to the customer by city staff and can be verified by consumer;
3. 
A customer has not received a penalty charge nor has had utility services discontinued in the last six months;
4. 
A customer has never issued a check to the city which was returned due to nonsufficient funds (NSF);
5. 
Customer does not have any utility services outstanding at prior residences in the city;
6. 
Utility charges are not due to leaks within the customer's personal property;
7. 
Staff can verify that services have not been utilized.
The decision of the finance officer and/or designee to waive fees or penalties may be appealed to the city manager by the party on whom such penalties or fees have been imposed by filing a letter with the city manager within five business days of the finance officer's/designee's decision. The city manager may affirm, affirm in part or reverse the waiver decision based upon the relevant circumstances, considerations and monetary restrictions set forth in this subsection. The city manager's decision on a requested waiver shall be considered final. This process shall be separate from the city's process to appeal a bill or notice of discontinuation of residential water service.
(Ord. 649 § 7, 2010; Ord. 009-2019 § 2)
When water service has been discontinued because of delinquency of payment of a water bill, the service shall not be provided until the account is in compliance with Section 13.04.078(B) or unless authorized payment arrangements have been made with the finance director. The consumer must keep their charges current while repaying the past-due amounts. The payment plan arrangements must be signed by the consumer, and approved by the director of finance. If the consumer does not adhere to arrangements, water shall be disconnected in accordance with this chapter.
(Ord. 649 § 7, 2010)
If after a service is discontinued for delinquency in payment, service is resumed without authorization, the meter may be removed following which a charge will be made for restoring service. Such charge is to be in addition to all charges and deposits and in accordance with this ordinance.
(Ord. 649 § 7, 2010)
Applications for new or extended water service connections to supply premises which are wholly or partly outside the corporate limits of the city shall not be accepted or approved nor ordered installed, unless LAFCO and the city council have approved such application in compliance with Government Code Section 56133 or any successor statute.
(Prior code § 25-9; Ord. 649 § 8, 2010)
Whenever it becomes necessary to shut off the water to any consumer unit outside the city limits by reason of a vacancy or for the reason that the water bill is overdue and unpaid, the tap to such consumer unit shall be sealed at the direction of the city manager, and it is unlawful for any person or persons to break the seal without the written permission of the city manager.
(Prior code § 25-10; Ord. 649 § 8, 2010)
Whenever the city administrator establishes the amount of water being used by an unmetered consumerunit is excessive, due to carelessness over consumption or neglect to repair fixtures, or for any other just cause, the city administrator may direct that the consumer-unit install at the cost and expense of the consumer-unit a meter to such connection, and the consumer-unit shall then henceforth be billed in accordance with Sections 13.04.020 and 13.04.040.
(Prior code § 25-11)
No person, firm, corporation or any other entity that desires water service, shall be served with water without first having made application for such service in writing on a printed form supplied by the city. Such application must be executed by the applicant. A person taking possession of premises and using water without having made application for water service shall be held liable for all water used from the date of the last recorded meter reading or flat rate collection. If application for service is not made within seven calendar days after notification by first class mail, postage prepaid, to do so or if accumulated water bills are not paid upon presentation, the water service shall be discontinued without further notice.
(Prior code § 25-12)
Every person taking water shall be considered as having expressed his or her consent to be bound by this chapter, and whenever any of the rules are violated, the city reserves all of its rights to pursue all remedies available under the law. If such noncompliance affects matters of health or safety, water service may be discontinued immediately and without notice.
(Ord. 649 § 9, 2010)
Each service tap to each consumer-unit shall have, whether immediately at the property line nearest the main, or at some other convenient and accessible place a shut-off cock, and the meter (if the consumer-unit is metered), shall be located immediately next thereto. The designated staff of the city shall at all times have the right to enter private premises to inspect, read, and repair meters. Except for fire taps and hydrants all service taps shall be metered, save as otherwise herein provided.
(Prior code § 25-13; Ord. 649 § 10, 2010)
Upon commencement of water service, the applicant shall be liable for all water delivered through that particular service and all other charges applicable to such service. When two or more persons jointly make application for service, they shall receive a single periodic bill, but shall be jointly and severally liable for payment of all charges incurred.
(Ord. 649 § 11, 2010)
A. 
Any consumer desiring to discontinue water service shall notify the city in writing, specifying a definite date, the same being a working day, during which water service shall be discontinued, and a proper forwarding address at which the consumer will receive a closing bill. Units to which service is to be discontinued must be equipped with separate shut-off valves. Failure of a customer to notify the city in writing to discontinue water service, or to provide appropriate shut-off valves, continues the liability for payment of the water charges thereon.
B. 
Upon application for renewal of service, the city may inspect the connections and pipes of the unit, and may require alterations or other changes which are then deemed necessary to comply with all codes and ordinances of the city then in force.
Reconnection shall be considered with an application for new water service in accordance with Section 13.04.120.
(Prior code § 25-14; Ord. 649 § 12, 2010)
A. 
Any consumer desiring to temporarily discontinue water service shall notify the city in writing, specifying a definite date, the same being a working day, during which water service shall be discontinued. Failure of a consumer to notify the city in writing to discontinue water service continues the liability for payment of the water charges thereon.
After effective date of discontinuance, all charges accruing shall cease for the period during which service shall be shut off, providing the shutoff is for a period not less than one month. No credit shall be allowed on shutoffs for a period of less than one month.
B. 
The consumer desiring reactivation shall remit all outstanding charges due, including any service activation fees as may be established by resolution of the city council, and any deposit that may be required.
(Ord. 649 § 13, 2010)
When the applicant for water service is a former consumer who has failed to pay bills for previous water service or charges for any other service received from the water system, the city shall refuse water service to the applicant until all outstanding bills or charges are paid and shall also require a deposit as a guarantee for the payment of future bills. The service shall not be in an amount exceeding twice the estimated average periodic bill or three times the estimated average monthly bill.
(Ord. 649 § 13, 2010)
Charges for meter and box are to be added to the charges for service connection installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner. The city shall collect the connection charges for the installation of water meter and box in accordance with this chapter.
(Ord. 649 § 14, 2010)
Where replacements or adjustments for any water meters are necessary by the act, neglect or carelessness of the owner or occupant of any premises or anyone in their employ, any expense thereby caused to the city shall be included as a charge on the water bill.
(Ord. 649 § 15, 2010)
Consumers shall have the right to request a test to be made of the meter service serving their premises. If the results of the meter test determine that the meter is:
A. 
Registering more than two percent over registration, an accurate meter shall be installed, and the water bills adjusted to correct the error discovered;
B. 
Registering more than two percent under registration, an accurate meter shall be installed, and the consumer billed for the amount of the undercharge;
C. 
In any event, the adjustment for overcharge or undercharge shall not exceed a period of six months or that during which it was measuring service to the consumer, whichever is the lesser.
(Ord. 649 § 16, 2010)
A. 
Erroneous Meters. Whenever a meter fails to register correctly, the consumer shall be charged for a minimum service charge or for an estimated amount of water used, based upon the consumer's prior consumption during the same season of the year, if conditions were unchanged, or upon a reasonable comparison with use of other consumers during the same period receiving the same class of service under similar circumstances.
B. 
Obstructing Water Meters. It is unlawful for anyone to enclose a water meter with a fence, wall, hedge, or otherwise obstruct access to water service meters. Upon the failure or refusal of the owner or consumer to remove any such unlawful obstruction within a reasonable length of time, 30 days unless prevented by extenuating circumstances, after written notification to do so, the superintendent shall, at his or her option, order:
1. 
The discontinuance of water service to the premises until the obstruction is removed; or
2. 
The consumer to pay an additional charge, to be set by resolution of the city council, as penalty for each meter reading taken until the obstruction is removed.
(Ord. 649 § 17, 2010)
It is unlawful for any person, firm or corporation to sell or give away water for domestic use within the corporate limits of the city, without first having obtained a written permit from the city.
A violation of this section shall be a general misdemeanor punishable by a fine not less than $25 and not more than $500 and/or six months in the county jail.
(Prior code § 25-18)
In addition to those procedures described in Section 13.04.110, the city in order to eliminate waste of water and reduce the high per capita consumption of water declares that it is unlawful for any person, persons, firm or entity to waste water and a determination of waste by such user shall cause the same to suffer that and those penalties hereafter described:
A. 
The city police department shall ascertain if waste is being committed.
B. 
Upon a determination that waste has been committed, the violator shall receive written notification from the police department of the waste.
C. 
Should continued waste, as the same is determined by the police department, not be corrected after due notice, then thereafter the violation shall result in disconnection of the service and shall be treated as a misdemeanor punishable by a fine not less than $25 and not more than $500 and/or six months in the county jail.
D. 
Should the water connection of the violator be disconnected for waste, then in order for the violator to have water service reconnected, due application for reconnection must then be made in accordance with Sections 13.04.080 and 13.04.120.
(Prior code § 25-19)
Buildings under construction are treated separately herein, due to their unique status, and as to the rates thereon, they shall be as follows:
A. 
When the building permit is first obtained, the developer shall at that time pay applicable connection fees and in addition shall agree to pay to the city during construction a monthly amount equal to the flat rate water charge then in effect.
B. 
Upon final inspection of each unit, the developer or person or persons who shall occupy the premises may make application for water service in accordance with this chapter.
(Prior code § 25-21)
The customer or occupant of any facility who by reason of special circumstances finds that the application of this chapter would be inequitable as applied to the facility may make written application to the city manager stating the circumstances and requesting a different application. The city manager may grant such temporary relief as he or she deems appropriate for a period not exceeding 90 days from his or her reception of such application. Any request for relief in excess of 90 days shall be submitted to the city council, which may take action on the same by resolution. This section does not authorize rate changes.
(Prior code § 25-23)
Any applicant for water service which will require main extension shall install the same at his or her own cost and expense. Plans for such extension shall be submitted to and approved by the city engineer.
(Ord. 649 § 20, 2010)
In the event the applicant installs water main extension facilities, the applicant shall furnish the city a surety company bond in an amount equal to at least one-half the city engineer's estimate of the installation costs, to guarantee faithful performance by the applicant, and a surety company bond in an equal amount to guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies and implements used by the applicant on such work.
(Ord. 649 § 20, 2010)
When water main extension facilities are installed and upon the execution and delivery by the applicant of a good and sufficient document evidencing transfer of title of the facilities to the city, water shall be furnished to the applicant's property.
(Ord. 649 § 20, 2010)
The consumer shall, at his, her or its own risk and expense, furnish, install and keep in good and safe condition all equipment, from curb/sidewalk to premises, 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 water equipment, or the negligence, want of proper maintenance or wrongful act of the consumer or of any of his, her or its tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The consumer shall be responsible for determining the pressure operation limits of his, her or its fixtures and equipment and shall properly protect the same from a variance of water delivery pressures, including periods when for any reason whatsoever there is no water available.
(Ord. 649 § 20, 2010)
The owner of premises to be served shall install a control valve on the house piping between the water meter and the first valve outlet on the premises. When old premises, to which a service connection has previously been installed, are being altered, a control valve shall be installed by the owner, if such is not already provided. The consumer shall not operate the meter stop or valve in the meter box at any time.
(Ord. 649 § 20, 2010)
A. 
It is unlawful for any person or persons and/or consumer-unit to:
1. 
Attach or cause to be attached any service pipe through which water is to be supplied from the city to any other consumer-unit not connected with the city water main. Excepted herefrom are those interconnections of hotels, motels, mobilehomes and apartments.
2. 
Attach or cause to be attached any service pipe to the water mains of the city; and/or
3. 
After shut-off by the city, to open any hydrant or pipe, or to turn on or use any water from such hydrant or pipe, without first having obtained a written permit for such use from the city administrator.
B. 
Each violation of this section shall be a misdemeanor punishable by a fine not less than $25 and not more than $500 and/or six months in the county jail.
(Prior code § 25-15; Ord. 649 § 14, 2010)
A. 
It is unlawful for any person or persons and/or consumer-unit to:
1. 
Place upon, or about any fire hydrant, water gate, curb-stock or stop-cock any building material or other obstruction so as to prevent free access to the same at all times; and
2. 
Except for city employees acting in their official capacity, no person or persons shall open any hydrant except for fire purposes, after an alarm of fire is made, or use any water from any fire hydrant either for street sprinkling, irrigation, or any other use, unless use of the water from a fire hydrant is made after obtaining a permit and instructions from the department of public works of the city; and, any such use, even after permit, shall be subject to that or those charges as described in Section 13.04.020.
B. 
Each violation of this section shall be a misdemeanor punishable by a fine not less than $25 and not more than $500 and/or six months in county jail.
(Prior code § 25-16; Ord. 649 § 15, 2010)
Property owners and/or others desiring the removal or changes in location of a fire hydrant shall first make a request, in writing, of the city. After consultation with the fire chief of the proposed removal or relocation, the superintendent shall prepare an estimate of cost of the proposed work. Before the city can proceed with the work or order materials for same, the person requesting the removal or relocation must deposit an amount equal to the estimated cost with the city. Upon completion of the work the actual cost shall be compiled and any difference between the actual and estimated cost shall be billed or refunded for the applicant's account.
(Ord. 649 § 20, 2010)
The purpose of this section is to protect the public water supply system from contamination due to potential and actual cross-connections. This shall be accomplished by the establishment of a cross-connection control program as required by state regulations. The ordinance codified in this section is adopted pursuant to Title 17, Section 7583—7605, inclusive, of the California Code of Regulations, entitled "Regulations Relating to Cross-Connections."
A. 
The building department under direction of the city manager shall be responsible for implementing and enforcing the cross-connection control program. An appropriate backflow prevention assembly shall be installed by and at the expense of the water user at each user connection where required to prevent backflow from the water user's premises to the domestic water system. It shall be the water user's responsibility to comply with the city requirements.
B. 
The type of protection that shall be provided to prevent backflow into the public water supply system shall be commensurate with the degree of hazard, actual or potential, that exists on the water user's premises. Unprotected cross-connections with the public water supply are prohibited. The type of backflow prevention assembly that may be required (listed in decreasing level of protection) includes: air-gap separation (AG), reduced pressure principle backflow prevention assembly (RP), and a double check valve assembly (DC). The water user may choose a higher level of protection than required by the water supplier. The minimum types of backflow protection required to protect the approved water supply at the user's water connection to premises with varying degrees of hazard are listed in the California Code of Regulations, Table 1 of Section 7604, Title 17. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the water supplier or health agency. Vacuum breaker or other residential or minor irrigation system protection are subject to Uniform Building and Plumbing Code requirements.
C. 
Only backflow prevention assemblies which have been approved by the city shall be acceptable for installation by a water user. A list of approved backflow prevention assemblies will be provided upon request to any affected customer. Backflow prevention assemblies shall be installed in a manner prescribed in the California Code of Regulations, Section 7603, Title 17. Location of the assemblies shall be as close as practical to the user's connection. The city shall have the final authority in determining the required location of a backflow prevention assembly.
D. 
Testing of backflow assemblies shall be conducted only by qualified testers and testing will be the responsibility of the water user. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. More frequent testing will be required if deemed necessary by the city. No assembly shall be placed back in service unless it is functioning as required. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of testing, repair, and maintenance shall be borne by the water user. Approval must be obtained from the city prior to removing, relocating or replacing a backflow prevention assembly.
E. 
The cross-connection control program shall be administered by the building department under the direction of the city manager. The city will establish and maintain a list of approved backflow prevention assemblies as well as a list of approved backflow prevention assembly testers. The city will conduct periodic surveys of water user premises to evaluate the degree of potential health hazards. The city will notify users when an assembly needs to be tested. The notice shall contain the date when the test must be completed and certificate submitted to city. Procedure and approvals will use the building/plumbing permit process.
F. 
1. 
When the city encounters water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the procedure for terminating water service shall be instituted. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following:
a. 
Refusal to install or to test a backflow prevention assembly, or to repair or replace a faulty backflow prevention assembly;
b. 
Direct or indirect connection between the public water system and a sewer line;
c. 
Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants;
d. 
Unprotected direct or indirect connection between the public water system and an auxiliary water system.
2. 
For condition (1)(a) of this subsection, the city will terminate service to a water user's premises after proper notification has been sent. If no action is taken within the allowed time period water service shall be terminated.
3. 
For conditions (1)(b), (1)(c) or (1)(d) of this subsection, the city shall taken the following steps:
a. 
Make reasonable effort to advise the water user of intent to terminate water service;
b. 
Terminate water service and lock service valve. The water service shall remain inactive until correction of violations have been approved by the city.
G. 
In the event of a situation deemed as a serious and immediate health hazard, the city building department or city manager may order an immediate shut-off to the premises or activity constituting the hazard with an on-site verbal notice followed within 48 hours by written confirmation of the shut-off.
(Prior code § 25-24; Ord. 649 § 18, 2010)
A. 
Violations, Penalties, and Inspections. That certain document entitled Ordinance 1348 adopted by the Solano County board of supervisors to regulate the construction, reconstruction, destruction and inactivation of water, cathodic protection, and monitoring wells is adopted by the city and incorporated herein as though set forth in full and is made a part of this chapter except for the additions, revisions, and omissions as set forth below. A copy of the county ordinance is on file in the office of the city clerk and in the office of the public works director of the city. The city authorizes the Solano County department of environmental management, division of environmental health, or any successor agency to undertake the inspections and other activities encompassed within said ordinance and to enforce the provisions of this section within the corporate limits of the city.
B. 
Fees. Those fees and charges established by the Solano County board of supervisors in County Resolution 89-179 relating to Ordinance 1348 and modified hereafter by the board from time to time is likewise adopted hereby and incorporated herein as though set forth in full. Set fees and charges shall apply to any person, firm or corporation subject to the provisions of this chapter.
C. 
Amendments. Ordinance 1348, as adopted and incorporated herein is amended as follows:
1. 
The definition of "Person" found in Section 13.10-101 is amended to read as follows:
Person shall mean any individual, firm, partnership, general corporation, association or governmental entity. "Governmental entity," as used herein, shall not include the City of Rio Vista, an irrigation district, nor any local agency exempt from the application of the Ordinance pursuant to state law, and shall include the United States to the extent authorized by federal law.
2. 
The third full sentence of Section 13.10-104(a), well sites, is amended to read as follows, and in all other respects the section remains the same:
Water wells may be located in public utility easements, provided that written permission is obtained from the utility.
(Prior code § 25-25; Ord. 649 § 19, 2010)