The city council reserves the right and power to, and may from
time to time, by resolution, adopt rules and regulations for the operation
and maintenance of the water system of the city, and for furnishing
water users; and may likewise, by resolution, modify the rates, charges,
deposits, and penalties established and imposed; and may from time
to time, by resolution, prescribe rules for the extension of water
mains within the boundaries and outside the boundaries of the city.
The city council may, by resolution, prescribe the procedure for re-evaluation
of water usage charges related to the cost of wholesale water purchase
or produced for use in the city water system.
(Ord. 1554 § 2, 2020)
The monthly metered rates to be charged and collected by the
water department from all its customers shall be as set forth in a
schedule to be adopted by separate resolution.
(Ord. 1554 § 2, 2020)
The monthly rates to be charged and collected by the water department
for services to customers outside the city limits of the city from
city owned and maintained water lines shall be as set forth in a schedule
to be adopted by separate resolution.
The city council may, by separate resolution, establish special
districts outside the city limits in which the prevailing rate within
the city shall be charged for a stated period of time.
(Ord. 1554 § 2, 2020)
Persons establishing accounts may be required to make deposits
as prescribed by resolution. Such decisions shall be based on the
credit-worthiness of each applicant, in accordance with criteria set
forth by resolution. The sum shall not exceed twice the average bill.
Tenants shall have their own accounts, unless owners agree to be responsible.
Absent such an agreement, an owner shall not be responsible for an
account that the tenant has established. New tenants shall not be
responsible for a previous tenant's account.
(Ord. 1554 § 2, 2020)
Customers shall be billed on a bi-monthly basis. Billing for a two month period will be based upon the number of units consumed during the billing period multiplied by the appropriate rate per unit described in Section 14.12.020 of this chapter. Water bills may also include any unpaid penalties or charges as described in this chapter.
(Ord. 1554 § 2, 2020)
A water bill shall be considered due and payable immediately
after it is received by the customer. If a bimonthly water bills is
not received by the customer in a timely manner, it is the customer's
responsibility to notify the water billing department, during regular
business hours, that a bill was not received; the water billing department
shall then inform the customer of the amount due. A water bill shall
be considered late if it is not paid at the water billing department,
in person or by mail, by five p.m. on or before the twentieth day
after the bill is mailed to the customer. If the twentieth day falls
on a Saturday, Sunday or a holiday, the bill shall be considered past
due after five p.m. of the next working day.
As a penalty, customers who do not pay their water bills within
the required time shall be assessed a fee set forth in a schedule
to be adopted by separate resolution. A notice shall be mailed to
the customer indicating the assessment of this fee, the current balance
on the account and a date by which the balance shall be satisfied
to avoid discontinuance of service. If any bill is not paid at the
water billing department by five p.m. on or before the sixtieth day
after the original bill was mailed to the customer, the water may
be turned off and service discontinued. If the sixtieth day falls
on a Saturday, Sunday or holiday, the account shall be eligible for
disconnection if it is not satisfied before five p.m. of the next
working day.
In case the water is turned off as provided for in this section,
it shall not be turned on again until all legitimate charges for services
rendered have been fully paid, in person or by mail, to the water
billing department or as otherwise provided in this chapter. There
shall be included in these legitimate charges the charge for the service
call to turn the water off as well as the charge required to restore
service once again.
In addition, the city may sue in any court of competent jurisdiction
for any amount due and payable together with penalties as herein provided,
the costs of said suit and for such other and further relief as to
the court may appear appropriate in the premises.
(Ord. 1554 § 2, 2020)
All applications for water must be made on the form provided
by the water billing department. All individuals over the age of eighteen
living at the address stated on the application, whether they own
or lease the property, must complete the application. Those residents
renting or leasing the property stated on the application must include
the name, address and telephone number of the owner of the property
on the application. All applications, except those completed and submitted
applications which pertain to governmental agencies, shall be submitted
along with an application fee as set forth in a schedule to be adopted
by separate resolution. Applications shall be submitted to and application
fees paid at the water billing department during regular business
hours.
(Ord. 1554 § 2, 2020)
A customer may initiate a complaint or request an investigation
regarding the amount of a bill within five days of receiving a disputed
bill. A bill shall be deemed received by a customer five days after
mailing and immediately upon emailing. A customer may initiate a complaint
or request an investigation by submitting a written request and supporting
documentation to the city.
A timely complaint or request for investigation shall be reviewed
by the finance director or designee, who shall provide a written determination
to the customer within fourteen days of receipt of the dispute. The
city may, in its discretion, review untimely complaints or requests
for investigation; however, such complaints or requests are not subject
to appeal.
The affected customer has fourteen days from the time the written
determination letter was mailed to the customer to file an appeal
with the city clerk. If an appeal is not received by the city clerk
within fourteen days, the affected customer failed to exhaust his
or her administrative remedies and the decision of the finance director
or designee shall become conclusive. If an appeal is received by the
city clerk within fourteen days of the date the reply was mailed,
then the appeal shall be forwarded to the city manager. The city manager
shall review the appeal and mail or deliver a written determination
letter to the affected customer or representative. The city manager's
decision is final.
(Ord. 1554 § 2, 2020)
(a)
Discontinuation of Water Service for Nonpayment. The city will provide
a mailed notice to the customer of record at least twenty days before
discontinuation of water service. The city will also send a notice
to the occupants living at the service address at least twenty days
before discontinuation of water service.
(b)
(c)
Special Medical and Financial Circumstances Under Which Services
Will Not Be Discontinued. The city will not discontinue water service
if all of the following conditions are met:
(1)
The customer, or a tenant of the customer, submits to the city the
certification of a licensed primary care provider that discontinuation
of water service will be life threatening to, or pose a serious threat
to the health and safety of, a resident of the premises where residential
service is provided;
(2)
The customer demonstrates that he or she is financially unable to
pay for residential service within the city's normal billing cycle.
The customer is deemed financially unable to pay during the normal
billing cycle if: (A) any member of the customer's household is a
current recipient of an assistance program (i.e. CalWorks, CalFresh,
Medi-Cal, Supplemental Security Income, etc.); or (B) the customer
declares under penalty of perjury that the household's annual income
is less than two hundred percent of the federal poverty level; and
(3)
The customer is willing to enter into an alternative payment arrangement
with respect to the delinquent charges.
(d)
Discontinuation of Water Service for Other Customer Violations. The
city reserves the right to discontinue water service for any violations
of city ordinances, rules, or regulations other than nonpayment.
(e)
Restoration of Service. The water service shall not be restored until
payment is made of all amounts due including any applicable service
call fees. Payment of any amount due and/or fees assessed shall be
made at the water billing department during regular business hours.
If a customer wishes to have water service restored after regular
business hours, the city shall provide this service for a charge which
shall be set forth in a schedule to be adopted by separate resolution.
Special after-hours service can be obtained by submitting payment
to the police department.
No water service shall be terminated unless notice of the delinquency
and proposed termination are given in accordance with applicable state
law. Water service shall not be terminated on a Saturday, Sunday or
legal holiday or at any time in which the water department is not
open for business.
(Ord. 1554 § 2, 2020)
If a customer is unable to pay a bill during the normal payment
period, the customer may request an extension or other alternative
payment arrangement. If a customer submits his or her request within
thirteen days after mailing of a written notice of discontinuation
of service by the city, the request will be reviewed by the finance
director or designee. The finance director's or designee's decisions
regarding extensions and other alternative payment arrangements are
final.
If approved by the finance director or designee, a customer's
payment of his or her unpaid balance may be extended. The finance
director or designee shall determine, in his or her discretion, how
long an extension shall be provided to the customer. The customer
shall pay the full unpaid balance by the date set by the finance director
or designee and must remain current on all water service charges accruing
during any subsequent billing periods. The extended payment date will
be set forth in writing and provided to the customer.
(Ord. 1554 § 2, 2020)
The city shall charge a service call fee as set forth in a schedule
to be adopted by separate resolution any time a service call is made
to shut off or reconnect water, or any other reason connected with
discontinuance of service for nonpayment as described in this chapter.
(Ord. 1554 § 2, 2020)
No person other than a duly authorized employee of the city
shall turn on water or any meter service. Any person found to be in
violation of this chapter shall be subject to a penalty to be set
forth in a schedule to be adopted by separate resolution in addition
to any criminal penalty.
(Ord. 1554 § 2, 2020)
Customers who require more than two service calls for nonpayment
in a twelve month period shall be required to post an additional deposit
as set forth in a schedule to be adopted by separate resolution. Said
deposit shall be in addition to charges for service calls to turn
off and turn on the service. Water service shall not be restored until
these charges and the deposit have been made.
(Ord. 1554 § 2, 2020)
Notwithstanding any other provision of this title, the property
owner shall be ultimately responsible to the city to keep his or her
property and its waterlines and all water appurtenances in good repair
and order.
(Ord. 1554 § 2, 2020)
In case a house becomes vacant, the water department shall turn off the water service unless otherwise requested by the owner. If the water is turned off, the owner or new tenant of the property shall be charged a service call fee as described in Section 14.12.080 of this chapter. If the owner or tenant requests that the water be kept on, the regular minimum rate shall be charged and collected from the owner whether water is used or not.
(Ord. 1554 § 2, 2020)
Water service shall not be given any customer who changes his residence or business or changes his or her billing address until all delinquent charges owing thereof at the former residence or billing address have been paid. If a customer moves to a new residence or place of business within the city, the customer shall complete an application and pay the appropriate fee described in Section 14.12.060. If the customer only changes his or her mailing address but does not change his or her residence or place of business, no fees are assessed to the customer.
(Ord. 1554 § 2, 2020)
(a)
All non-temporary water supplied to any water customer shall be metered.
In the event that a meter must be installed to measure the amount
of water being supplied to a customer, the following procedures shall
be followed:
(1)
The customer shall make an application and pay the required application
fees.
(2)
The customer shall make an application for a water meter with the
water superintendent during regular business hours.
(3)
The customer shall pay in advance a sum of money as set forth in
a schedule to be adopted by separate resolution to cover the costs
associated with installing a new service connection.
(b)
All services installed outside the incorporated limits of the city
shall have the same charge for installation as those services within
city limits.
(Ord. 1554 § 2, 2020)
Any person desiring to change the location of a meter that already
has been installed shall make an application to the water superintendent
during regular business hours. After receiving the application, the
water superintendent shall make a determination as to whether the
meter location change is possible or warranted. If the water superintendent
approves the request for the meter location change, he shall collect
a deposit as set forth in a schedule to be adopted by separate resolution
based on a cost estimate determined by the water superintendent. Once
the meter location change has been completed, the difference, if any,
between the actual costs incurred by the city and the customer's deposit
shall be returned to the customer. If the deposit is insufficient,
the balance will be due within thirty days. The water superintendent
also has the right to deny a meter location change if it is not found
to be consistent with the public welfare and any decision that the
water superintendent makes regarding this section is final and conclusive.
(Ord. 1554 § 2, 2020)
If a meter fails to register during any period of time or is known to register inaccurately, the water superintendent shall make the determination as to how much the customer will be charged until the meter is repaired or replaced. The water superintendent's determination will be based upon: (a) the average seasonal consumption by the meter when in use and functioning properly in the previous year; or (b) a comparable user's meter. The water superintendent's determination shall be final. If a meter needs repair or replacement, it shall be repaired or replaced in accordance with Section 14.16.180. It is also the owner's responsibility to care for the meter and to keep it in good working order.
(Ord. 1554 § 2, 2020)
(a)
Any customer may demand that the meter through which water is being furnished to the premises may be examined and tested by the water superintendent for the purpose of ascertaining whether or not it is registering accurately the amount of water which is being delivered through it. Such demand shall be made in writing and shall be accompanied by a payment equivalent to the service call fee described in Section 14.12.080. Such demand shall be made to the water billing department during regular business hours.
(b)
Upon receipt of such demand, the water superintendent shall cause
the water meter to be examined and tested. If on such examination
and test the meter is found to register three percent over the amount
of water that passes through it, the following shall occur:
(c)
If the meter is found to register not over three percent fast, the
city shall retain the service call fee, the bill amount shall be paid
as it appears on the on the customer's water bill and no adjustments
shall be made. The customer or his authorized representative may be
present to witness the test.
(Ord. 1554 § 2, 2020)
(a)
Application for temporary water service shall be made to the water
department at City Hall during regular business hours. Temporary service
as discussed in this section normally applies to contractors or builders,
but temporary service may also be extended to other applicants for
water. When temporary service is requested, the water department shall
collect a deposit from the applicant to compensate the department
for all water furnished to said applicant during such period of temporary
service. Such deposit shall be as set forth in a schedule to be adopted
by separate resolution. In addition to estimated charges for water,
the applicant shall also reimburse the water department for all costs
required in furnishing such service together with all damages that
may occur to the facilities. Upon deposit of such a sum as the water
superintendent shall require and the submission of an application
on a form supplied by the water superintendent, a permit may be issued
for temporary water use by the applicant.
(b)
It shall be the determination of the water superintendent as to whether
temporary water service shall be metered or unmetered. The difference
between metered and unmetered temporary water service rates are as
follows:
(1)
Metered Water Service. It shall be the responsibility of the applicant to obtain a meter provided by the water superintendent in the city yard to measure the temporary water usage; the charges for temporary water service where such service is metered shall be charged at the rates described in Section 14.12.020.
(2)
Unmetered Water Service. The use of unmetered water may occur under
two conditions; (A) if, in the determination of the water superintendent,
the setting of a water meter is uneconomical or impractical for the
supply of water; or (B) temporary service is provided to furnish construction
water.
(c)
The term "construction water" includes the water to be utilized for
the preparation of building sites, streets, sidewalks and appurtenances,
sewers, water mains, and all construction work through the initial
phase of the development; but shall not include water used after the
date of installation of water meters for normal residential use; and
shall not include water used for growing of vegetation, lawns, shrubs,
or otherwise.
(d)
Rates for unmetered temporary water service providing construction
water shall be charged in the following manner: if the unmetered water
is provided to furnish construction water for a residential subdivision,
such construction water shall be charged at a rate as set forth in
a schedule to be adopted by separate resolution; if the unmetered
water is provided to furnish construction water for purposes other
than for residential subdivision, a different rate shall be charged
as set forth in a schedule to be adopted by separate resolution.
(e)
Once meter installation by the subdivider for the purpose of serving
residential units is achieved, temporary service shall be considered
metered service and shall be charged at the rates as set forth in
a schedule to be adopted by separate resolution. Temporary water service
shall be provided to and charged to the subdivider up to and including
the date that application is made to the city for permanent water
service by the purchaser or occupant of the unit or units built by
the subdivider or once the water service is metered, the subdivider
may submit a written request to the water billing department for discontinuance
of temporary service.
(f)
Once temporary service is terminated, all outstanding charges will
be levied against the customer's deposit and all material and appurtenances
provided to the customer by the city shall be returned to the city.
Any outstanding deposit balance in favor of the customer shall be
returned to the customer; any charges in excess of the customer's
deposit shall be paid immediately to the city by the customer.
(Ord. 1554 § 2, 2020)
(a)
Private Fire Service—Standby Rates. The rates to be charged
and collected for water standby and fire detector charges shall be
as set forth in a schedule to be adopted by separate resolution.
(b)
Private Fire Service—Installation Charges. Whenever a service
is installed for private fire protection, a charge shall be made for
all labor, fire detector checks and/or other approved devices, together
with all appurtenant materials and engineering plus administrative
overhead costs. The water superintendent shall estimate what the total
amount of the charge shall be and will collect a deposit from the
customer as set forth in a schedule to be adopted by separate resolution.
Once installation is completed, the difference, if any, between the
actual costs incurred by the city and the customer's deposit shall
be returned to the customer. If the deposit is insufficient, the balance
will be due within thirty days. Such service shall be used only in
case of fire or other purpose expressly provided in this section.
Use of such private fire protection service for any other purpose
than in this section provided shall be a misdemeanor.
(c)
Private Fire Service—Testing/Maintenance Charges. Should it
be necessary to use water through a fire line meter for the purpose
of testing or maintaining a private fire prevention system, the water
superintendent may authorize such use upon the receipt of a written
request received during regular business hours stating:
(1)
Date and time of use;
(2)
Purpose;
(3)
Estimated quantity of water to be used;
(4)
Estimated maximum flow.
|
The superintendent may restrict such non-emergency flows which
may be detrimental to or tend to dewater the system. The water superintendent
shall determine the charges to be levied against the customer based
on the estimated quantity of water to be used.
|
(d)
Public Fire Protection. The annual standby charge for public fire
protection shall be set forth in a schedule to be adopted by separate
resolution. The purpose of this charge is to reimburse the water fund
for standby costs absorbed by the water department resulting from
the city's use of fire hydrants for public fire protection. The standby
charge shall be computed on November 1st of each year based on the
number of hydrants in service on that date. The standby charge shall
be payable in one annual installment due on July 1st. This installment
shall be charged against the general fund and payable to the water
fund.
(Ord. 1554 § 2, 2020)
Fire hydrants shall be installed in the location specified by
the water superintendent. If a property owner or other party desires
a change in size, type or location of such hydrants, he shall bear
all costs of such changes. Any change in the location of a fire hydrant
must be approved by the superintendent. All required fees must be
paid in advance of commencement of work. A deposit shall be collected
if the exact amount of such changes is unknown. This deposit shall
be as set forth in a schedule to be adopted by separate resolution.
Once installation is completed, the difference, if any, between the
actual costs incurred by the city and the customer's deposit shall
be returned to the customer. If the deposit is insufficient, the balance
will be due within thirty days.
(Ord. 1554 § 2, 2020)
(a)
In order to implement the goals and objectives of the municipal water
system of the city and to mitigate the water usage impacts caused
by new development within the city, and areas outside city boundaries
that may be served, certain public water system improvements must
be constructed. The city council has determined that a development
impact fee is needed in order to finance these public improvements
and to pay for the development's fair share of improvements.
(b)
A water supply facilities fee is established for development in the
city-wide area and areas service outside corporate limits of the city
to pay for water supply facilities to provide domestic treated water
to new developments. The city council shall, by resolution set forth
the specific amount of the fee, describe the benefit and impact area
on which the water supply facilities fee is imposed, list the specific
public improvements to be financed, and describe the estimated cost
of these facilities, describe the reasonable relationship between
this fee and the various types of new developments. For each new service
connection or meter installation, a water supply facilities fee shall
be paid to the city water utility. Payment shall be made only once
upon any one service connection or meter installation. This fee shall
be paid prior to the approval of any final tract map. For connections
other than tract development, this fee shall be paid prior to the
installation of the meter or connection of the service. Fees are exclusive
of the cost of the meter, water service materials or service connection
costs. The size of meter and size of service connection shall be determined
by the water superintendent. When the water service charge is designed
to include fire protection, the water superintendent may calculate
a water service size which will be used to apply the above service
fees and other water charges dependent thereon as set forth in this
chapter. His/her determination of said size shall be final. For meters
larger than the sizes indicated in the fee resolution, the service
fee shall be determined by the water superintendent, based proportionately
upon the amount of water that may be drawn through said service connection
or meter.
(c)
The revenues raised by payment of this fee shall be placed in a separate
and special account and such revenues, along with any interest earnings
on that account shall be used solely to:
(1)
Pay for the city's future construction of facilities described in
the resolution enacted pursuant to subsection (b) of this section,
or to reimburse the city for those described or listed facilities
constructed by the city with funds advanced by the city from other
sources; or
(2)
Reimburse developers who have been required or permitted to install
such listed facilities which are oversized with supplemental size,
length or capacity.
(d)
A developer of any project subject to the fee described in subsection (b) of this section may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the domestic treated water use of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk no later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment of reduction of the fee.
(Ord. 1554 § 2, 2020)
(a)
In order to implement the goals and objectives of the municipal water
system of the city and to mitigate the use of water supply impacts
caused by new development within corporate city limits certain public
waterline improvements must be constructed. The city council has determined
that a development impact fee is needed in order to finance these
public improvements and to pay for the development's fair share of
improvements.
(b)
A waterline assessment fee is established for development in the
city-wide area to pay for waterlines. The city council shall, by separate
resolution, set forth the specific amount of the fee, describe the
benefit and impact area on which the development fee is imposed, list
the specific public improvements to be financed, describe the estimated
cost of these facilities, describe the reasonable relationship between
this fee and the various types of new developments. Any land being
developed or improved which fronts upon the water main constructed
under the Water Assessment District No. 1 Improvement Act of 1911
shall be charged this special assessment. Said charge shall be paid
by the developer based upon the land being developed or improved so
fronting said main or portion thereof when said properties are being
developed. If application is made for water service other than by
a developer, the total premises or segment thereof receiving benefit
from the water service shall pay a fee, if said property fronts on
said mains constructed under Water Assessment District No. 1. This
chapter shall not apply to land owned by the United States government.
(c)
The revenues raised by payment of this fee shall be placed in a separate
and special account and such revenues, along with any interest earnings
on that account, shall be used solely to:
(1)
Pay for the city's future construction of facilities described in
the resolution enacted pursuant to subsection (b) of this section,
or to reimburse the city for those described or listed facilities
constructed by the city with funds advanced by the city from other
sources; or
(2)
Reimburse developers who have been required or permitted to install
such listed facilities which are oversized with supplemental size,
length or capacity.
(d)
A developer of any project subject to the fee described in subsection (b) of this section may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the use of the water supply impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the city clerk no later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty days after the filing of the fee adjustment application, whichever is later. The decision of the city council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 1554 § 2, 2020)
