For the purposes of this chapter and Title 15, the following words and phrases shall have the meanings respectively ascribed to them in this section.
"Board of public utilities"
means that Board appointed and acting under Sections 25 and 26 of the Charter of the City of Santa Rosa.
"Billing period"
means the period of time between meter readings for which a customer is billed.
"Charge" or "rate"
means the amount of money to be paid by the person liable to the City for potable or recycled water, services or materials and served by the potable water system or recycled water system.
"Customer" or "consumer"
means any persons liable for a connection into the potable water system or recycled water system owned and operated by the City.
"Interruptible recycled system"
means that portion of the recycled water system located west of Fulton Road, south of Santa Rosa Creek, and north of Occidental Road that is an extension of the City's agricultural irrigation system.
"Interruptible recycled water customer"
means those customers served by the recycled water system that store recycled water on their property site, use the stored recycled water to pressurize their irrigation system, and can have their service interrupted at any time.
"Permanent water service"
means the installation of a permanent (non-temporary) City water meter by City forces in an approved water meter box accompanied by a request to the City by the property owner, agent, or tenant to establish a permanent connection for service by the potable water system or recycled water system.
"Potable water system"
means the system of pipelines, pump stations and appurtenances which is owned and operated by the City and which delivers water for human consumption.
"Recycled water system"
means the system of pipelines, pump stations and appurtenances which is owned and operated by the City and which delivers, for approved uses, non-potable tertiary treated recycled water as defined by State law and within the Recycled Water Project Area as defined in Chapter 14-25 of the City Code. The interruptible recycled system is part of the recycled water system.
"Fixed monthly service charge"
means the fixed charge to be paid by persons liable for each and every connection to and/or use of the City recycled water, potable water and/or sewer system based upon the size of the water meter.
"Service or water service"
means a connection through which potable or recycled water is supplied or is available to a person from and out of the potable or recycled water system owned and operated by the City.
"Service lateral"
means that portion of the potable or recycled water system which extends from the City water main to the coupling immediately beyond the meter box on the consumer's premises.
"Sewer cap"
means sewer charges for customers based on metered consumption of water as determined by averaging usage during winter billing periods occurring during the months of November through March and in accordance with policies, rules, or regulations approved by the Board of Public Utilities. The Engineer may from time to time identify customers whose charges may be calculated as provided in Section 15-20.042(A).
"Water cap"
means water usage charges for water-only customers (i.e., City water customers with no corresponding City sewer account), based on metered consumption of water as determined by averaging usage during winter billing periods occurring during the months of November through March and in accordance with policies, rules, or regulations approved by the Board of Public Utilities.
(Prior code § 25.1; Ord. 2667 § 1, 1988; Ord. 2757 § 1, 1989; Ord. 3707 §§ 1 and 2, 2005; Ord. 3845 § 2, 2007; Ord. 3854 § 1, 2007; Ord. 3862 § 1, 2007; Ord. 3922 § 1, 2009; Ord. 3973 § 1, 2011; Ord. 4011 § 1, 2013; Ord. 2021-015 § 1)
At any time the Council of the City of Santa Rosa or the Director of Utilities declares a water shortage emergency and implements water shortage charges pursuant to its current, adopted water shortage contingency plan, the following water shortage rate structure will be applied to all potable water accounts:
(A) 
A water shortage rate charge (WSC) will be implemented for all potable water accounts as follows:
Water Shortage Stage
Water Usage Charge
Stage 2
Current user charge + 5% WSC
Stage 3
Current user charge + 7.5% WSC
Stage 4
Current user charge + 10% WSC
Stage 5
Current user charge + 15% WSC
Stage 6
Current user charge + 25% WSC
Stage 7
Current user charge + 35% WSC
Stage 8
Current user charge + 45% WSC
(B) 
During any water shortage emergency stage that requires existing customers to adhere to water allocations (water rationing), water use in excess of the water allocation for each service connection is prohibited. In addition to the WSC, an excess use penalty (EUP) for all water used above the water allocation specified in the current, adopted water shortage contingency plan will be implemented for all potable water accounts as follows:
Excess Use Over Allocation in thousand-gallon units (TGALs)
Penalty per TGAL
Stage 5
Stage 6
Stage 7
Stage 8
2 to 10
$5.00
$10.00
$20.00
$40.00
Over 10
$10.00
$20.00
$40.00
$80.00
Excess use penalty revenues are not intended to be used as general operating revenues during the emergency but may be used to: (1) offset the extraordinary costs of the water shortage emergency such as additional conservation support; (2) rebuild the catastrophic reserve; and/or (3) establish a rate stabilization fund for the post-emergency recovery.
(Ord. 3910 § 1, 2009; 2021-004 § 1; Ord. 2021-016 § 1)
The Board of Public Utilities may adopt rules and regulations for the purpose of administering and enforcing the provisions of this chapter, and for the purpose of regulating and operating the municipal potable and recycled water systems.
(Prior code § 25.22; Ord. 3845 § 2, 2007)
The Board of Public Utilities shall establish rules and regulations for collection of fees and charges, including, but not limited to, requirements for security deposits, and maintenance of service, customer responsibilities, prohibited acts and penalties, adjustments of billings and applications for service, connections, reconnections and discontinuance.
(Prior code § 25.7; Ord. 3845 § 2, 2007)
No person shall permit the use or resale of any of the potable or recycled water received by him or her on any premises other than those specified in his or her application for service, except by special arrangement with the Board of Public Utilities.
(Prior code § 25.21; Ord. 3845 § 2, 2007)
When an application for potable or recycled water service is made by an applicant who was responsible for and failed to pay all bills for service previously rendered, regardless of location or when incurred, the Board of Public Utilities may refuse to furnish service to such applicant until the outstanding bills are paid. It may also require, as a guarantee for the payment of future bills, a cash guarantee deposit.
(Prior code § 25.11; Ord. 3845 § 2, 2007)
Consumers shall furnish, construct, install, own, operate, maintain and repair that portion of the potable or recycled water system on the consumer's premises which begin at the coupling on the consumer's side of the water meter. The City, as determined by the City Engineer, may require the consumer at his or her own expense to adjust, replace, repair, maintain or discontinue the use of any potable or recycled water receiving or regulating equipment on the consumer's side of the meter. Where reduced or increased water pressure is desired by the consumer, the consumer at his or her expense and after obtaining all required permits, may install, operate and maintain water pressure regulating equipment which shall be on the consumer's side of the water meter.
(Ord. 2757 § 2, 1989; Ord. 3845 § 2, 2007)
The Council finds that the public health, safety and welfare of the people of the City is benefited by providing potable water service and, where feasible, recycled water service, to its residents.
In the case of property or premises that are occupied by someone other than the owner, such fees and charges may be charged to the occupant of such premises. In the case of nonresidential property or premises, if the occupant fails to pay such fees, the owner shall be liable to the City for such fees.
(Prior code § 25.2; Ord. 3845 § 2, 2007; Ord. 3973 § 3, 2011)
(A) 
A fixed monthly service charge shall be payable by each user, including those with City-owned meters on private systems, and paid with the bills for water and/or sewer services to the premises.
(B) 
The monthly fixed service charge shall be established from time to time by resolution of the City Council as prescribed by the City Charter.
(C) 
All fees set forth in this section shall remain in full force and effect until such time as the City Council modifies, amends, or replaces these fees by resolution, and upon the effective date of such resolution, the revised fees shall supersede those previously in effect.
(D) 
The fixed monthly service charges for water service are based upon the size of the water meter and are as follows for meters connected to the potable water system:
Potable Water - Monthly Service Charge
Meter Size
(in inches)
Meters Read On and After July 1, 2021
Meters Read On and After July 1, 2022
Meters Read On and After July 1, 2023
Meters Read On and After July 1, 2024
5/8" & 3/4"
$14.09
$14.51
$14.95
$15.55
1"
$31.63
$32.58
$33.56
$34.90
1.5"
$60.86
$62.69
$64.57
$67.15
2"
$95.95
$98.83
$101.79
$105.87
3"
$177.81
$183.14
$188.64
$196.18
4"
$294.76
$303.60
$312.71
$325.22
6"
$587.13
$604.74
$622.89
$647.80
(E) 
The monthly service charges for meters connected to the recycled water system are 90% of the monthly service charges for potable water and are as follows:
Recycled Water - Monthly Service Charge
Meters Size
(in inches)
Meters Read On and After July 1, 2021
Meters Read On and After July 1, 2022
Meters Read On and After July 1, 2023
Meters Read On and After July 1, 2024
5/8" & 3/4"
$12.68
$13.06
$13.45
$13.99
1"
$28.47
$29.32
$30.20
$31.41
1.5"
$54.77
$56.42
$58.11
$60.43
2"
$86.36
$88.95
$91.61
$95.28
3"
$160.03
$164.83
$169.77
$176.57
4"
$265.28
$273.24
$281.44
$292.70
6"
$528.42
$544.27
$560.60
$583.02
(F) 
The monthly service charges for City-maintained meters on private water systems are as follows:
City Meters on Private Systems - Monthly Service Charge
Meter Size
(in inches)
Meters Read On and After July 1, 2021
Meters Read On and After July 1, 2022
Meters Read On and After July 1, 2023
Meters Read On and After July 1, 2024
5/8" & 3/4"
$5.39
$5.50
$5.61
$5.72
1"
$5.77
$5.89
$6.01
$6.13
1.5"
$8.35
$8.51
$8.68
$8.86
2"
$9.18
$9.36
$9.55
$9.74
3"
$15.05
$15.35
$15.65
$15.97
4"
$20.61
$21.03
$21.45
$21.88
6"
$29.73
$30.32
$30.93
$31.55
(Prior code § 25.2.2; Ord. 2304 § 1, 1983; Ord. 2654 § 1, 1987; Ord. 3055 § 1, 1993; Ord. 3074 § 1, 1993; Ord. 3161 § 1, 1994; Ord. 3230 § 1, 1995; Ord. 3291 § 1, 1996; Ord. 3350 § 1, 1997; Ord. 3394 § 1, 1998; Ord. 3452 § 1, 1999; Ord. 3525 § 1, 2001; Ord. 3642 § 1, 2003; Ord. 3758 § 1, 2005; Ord. 3845 § 2, 2007; Ord. 3854 § 2, 2007; Ord. 3931 § 1, 2010; Ord. 3978 § 1, 2011; Ord. 4024 § 1, 2014; Ord. 4056 § 1, 2015; Ord. 2021-004 § 2; Ord. 2025-007, 4/15/2025)
(A) 
Except as stated in subsections (B) and (C) of this section, customers served by the recycled water system as of January 1, 2008, under contract between the customer and the City will continue to have recycled water rates as determined by the contract under which the customer receives recycled water from the City as of January 1, 2008, for the remainder of the term of the contract.
Except as stated in subsections (B) and (C) of this section, customers served by the recycled water system as of January 1, 2008, under a contract between the customer and the City which term expires after January 1, 2008, but before January 1, 2013, and who continue as customers of the recycled water system after the expiration of the contract may, subject to all other terms and conditions regarding recycled water service, receive recycled water at the rates defined in this section through December 31, 2012. Beginning January 1, 2013, the rates set forth in Sections 14-04.090 and 14-08.010 of this title, or as amended, will apply.
Except as stated in subsections (B) and (C) of this section, customers served by the recycled water system as of January 1, 2008, under operating provisions in place between the customer and the City, will continue to have recycled water rates determined under said operating provisions through December 31, 2009. Effective January 1, 2010, customers served by the recycled water system as of January 1, 2008, under operating provisions in place between the customer and the City and who continue as customers of the recycled water system after January 1, 2010, may, subject to all other terms and conditions regarding recycled water service, receive recycled water at the rates defined in this section through December 31, 2012. Beginning January 1, 2013, the rates set forth in Sections 14-04.090 and 14-08.010 of this title, or as amended, will apply.
Year
User Charge
Fixed Monthly Service Charges
2010
25% of rate defined in Section 14-08.010
Recycled water rate defined in Section 14-04.090
2011
50% of rate defined in Section 14-08.010
Recycled water rate defined in Section 14-04.090
2012
75% of rate defined in Section 14-08.010
Recycled water rate defined in Section 14-04.090
Beginning January 1, 2013, except as stated in subsection (B) of this section, all recycled water rates will be in accordance with Sections 14-04.090 and 14-08.010 of this title, or as amended.
(B) 
Customers served by the interruptible recycled system will continue to have recycled water rates determined by the contract under which the customers receive recycled water from the City. When these customers are no longer served by the interruptible recycled system and if they continue to receive recycled water from the City, their rates will be in accordance with Sections 14-04.090 and 14-08.010 of this title, or as amended.
(C) 
Interruptible recycled water customers will have recycled water rates equivalent to the wholesale recycled water rate for interruptible service as set by the City Council.
(Ord. 3862 § 2, 2007; Ord. 3922 § 1, 2009; Ord. 4011 § 2, 2013)
Except for those charges specifically set out in this chapter, uniform installation charges for all new services and connections, cost of meters to consumers and special charges for special services rendered shall be established by resolution of the Board of Public Utilities and such charges may be amended and varied from time to time; provided, that all such charges shall reasonably reflect the total actual cost and expense of the service performed or materials supplied.
(Prior code § 25.6; Ord. 3845 § 2, 2007)
If a meter fails to register due to any cause except the nonuse of potable or recycled water, the charge for potable or recycled water will be made on the basis of the average charge per month covering the period of the preceding months, first ascertaining whether the meter has properly functioned during such period and whether normal conditions prevailed in regard to the use of potable or recycled water at the premises supplied. In the preparation of such averaged bills, due consideration will be given to fluctuations caused by seasonal changes or any interruption to the service known to have occurred.
(Prior code § 25.19; Ord. 3845 § 2, 2007)
Upon notification by the owner of a premises that is vacant, water and/or sewer service shall be stopped and water and/or sewer service charges shall be suspended until water and/or sewer service is restored. If the property owner requests service to remain on, the minimum sewer cap will be assigned to the properties with sewer service until such time as the property becomes occupied. If the property owner fails to notify the City when the property becomes occupied, said owner will be liable for back charges.
(Prior code § 25.15.1; Ord. 3845 § 2, 2007; Ord. 3973 § 5, 2011)
The City shall render bills monthly. Opening bills covering new applicants for less than one billing period's service may, in the discretion of the City, be included in the next regular billing. Closing bills for short periods of time since the last meter reading day may be determined by meter reading or by prorating the amount of the last regular bill based upon the number of days for which service was rendered.
(Prior code § 25.13; Ord. 2667 § 2, 1988; Ord. 3845 § 2, 2007; Ord. 3973 § 6, 2011; Ord. 2021-015 § 2)
By the adoption of a resolution, the Board of Public Utilities may declare that delinquent charges and penalties, when recorded as provided in this chapter, shall constitute a lien upon the real property served after notice and hearing as provided herein:
(A) 
On or before the 15th day of July of each year, the Board of Public Utilities shall hold a hearing to determine the amount of the delinquent charges and penalties for potable or recycled water service. Notice of the hearing shall be given by the Tax Collector of the City and shall contain a copy of the proposed resolution. Said notice shall state the time and place for hearing on said proposed resolution, and that at said time and place any person interested may appear and be heard as to the charges and penalties.
(B) 
The notice shall be published at least once a week for two weeks prior to the hearing in a newspaper published in the City. The first publication of the notice shall be at least 15 days prior to the date of hearing.
(C) 
At the same time and place fixed in said notice for the hearing, the Board of Public Utilities shall hold said hearing. At the hearing any person interested may appear and be heard on the matters set forth in the notice. At the hearing the Board of Public Utilities may change or modify the charges and penalties; provided, however, that no charge or penalty shall be increased from that set forth in the proposed resolution unless notice of intention to make the increase is published once or posted at least 10 days prior to the hearing on the proposed charge.
(D) 
At the conclusion of the hearing, the Board of Public Utilities may determine that the charges and penalties are not discriminatory or excessive, comply with law, and adopt said resolution as proposed or modified.
(E) 
One of the modifications of the resolution may be the finding and determination by the Board of Public Utilities that the amount of the charge and penalty shall be placed on the tax roll. If such finding and determination is made by the Board of Public Utilities, the Tax Collector shall forward the amount fixed by the Board of Public Utilities to the Sonoma County Tax Collector for placement on the tax roll next succeeding the hearing.
(Prior code § 25.14.3; Ord. 3845 § 2, 2007)
Any person aggrieved by any decision or determination of the Board of Public Utilities may appeal to the City Council by filing written notice of appeal within 15 days of the date of such decision or determination with the City Clerk. The Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office, postage prepaid, addressed to such person at his last known address.
(Prior code § 25.14.4; Ord. 3845 § 2, 2007)
Charges for potable or recycled water service and all penalties thereon, when confirmed by the Board of Public Utilities as provided in this chapter, shall constitute a lien upon the real property served and such lien shall continue until the charge and all penalties are fully paid or the property is sold therefor. The lien shall be prior to all other liens rec-orded after the lien for potable or recycled water charges is recorded as herein provided. In addition, the Board of Public Utilities may authorize the Tax Collector of the City to place the lien on the tax roll of the property served.
(Prior code § 25.14.2; Ord. 3845 § 2, 2007)
The lien provided for in this chapter shall attach and be entitled to priority as of the time the Tax Collector records the list of delinquent unpaid charges and penalties with the County Recorder. Each recorded lien shall state the amount of each charge and the penalty, a description of the real property upon which the same is a lien and the name of the City of Santa Rosa to which the same is payable. A list of all such delinquent charges shall be recorded annually, but no delay or informality in recording the same shall invalidate the lien or any unpaid charge, or any subsequent act or proceeding.
(Prior code § 25.14.5; Ord. 3845 § 2, 2007)
As a separate, distinct and cumulative remedy established for the collection of said charges and penalties thereon, an action may be brought in the name of the City of Santa Rosa in any court of competent jurisdiction to enforce the lien of the charge and all penalties thereon against the user. In such action a reasonable attorneys' fee may be awarded the plaintiff.
(Prior code § 25.14.6; Ord. 3845 § 2, 2007)
Potable or recycled water service may be disconnected for the following reasons:
(A) 
Nonpayment of charges for potable or recycled water, sewer and other services rendered, if the charge is not paid within one month after mailing or presentation thereof to the owner, occupant or consumer as provided by the Board of Public Utilities rules and regulations; or
(B) 
If the owner, occupant or consumer fails to comply with any of the regulations set out in this chapter, or any other rules and regulations of the Board of Public Utilities; or
(C) 
For public health and/or safety reasons; or
(D) 
For breach of the utility service agreement, signed by or assigned to the customer, or attributable to the service to which the customer is connected; or
(E) 
If the utility customer who has received notice of violation of the water waste provisions of Chapter 14-21 fails to correct the conditions which caused the violation with 15 days, or other reasonable time as determined by the Director of Utilities; or
(F) 
For breach of the Recycled Water Use Permit as defined in Chapter 14-25.
(Prior code § 25.15; Ord. 3426 § 1, 1999; Ord. 3845 § 2, 2007)
When potable or recycled water is turned off due to the use of another source of supply or for other reasons, the meter and other salvageable equipment will be removed. If an application for reestablishment of potable or recycled water service is made to the Board of Public Utilities within a period of one year from the date of the turnoff, payment must be made in advance for resetting the meter. The amount of the charge therefor shall be established and regulated by the Board of Public Utilities under the authority granted in Section 14-04.100, and will be quoted upon application, provided that any equipment reinstalled and previously paid by the user or premises shall not be charged again.
(Prior code § 25.17; Ord. 3845 § 2, 2007)
Where no service lateral exists or where the City Engineer determines an existing service lateral is inadequate for the proposed or actual use, the applicant, at his or her own expense and after obtaining all required permits, shall furnish, construct and install a service lateral acceptable to the City Engineer for the proposed or actual use. If the City has previously installed a service lateral, the City may charge the applicant for the cost of the existing lateral in lieu of requiring the applicant to install a service lateral as required by this section. Upon acceptance by the City Engineer, all service laterals shall be owned and maintained by the City.
(Ord. 2757 § 3, 1989; Ord. 3368 § 1, 1998; Ord. 3845 § 2, 2007)