Whenever in this chapter the words or phrases defined in this
section are used, they shall have the respective meanings assigned
to them in the following definitions (unless in the given instance,
the context wherein they are used shall clearly impart a different
meaning):
means any prospective consumer applying for water service.
means any person, firm, company, corporation, partnership,
association, the city, any public corporation, political subdivision,
city, county, district, the state of California or the United States
of America, or any department or agency of any thereof, billed for
water furnished by the water system. The singular in each case shall
include the plural.
means the department of public works of the city.
means any individual, firm, corporation, partnership, association
or governmental agency other than the city that installs any parts
of or connects any services to any point in the city water system
for the purpose of extracting water from the city water system.
means the operations services director of the city or other
person designated by the city manager to perform the services or make
the determinations permitted or required under this chapter to be
made by the director.
means an intermediate main serving more than one developer
or neighborhood, normally larger than eight inches and smaller than
16 inches and to which service lines may be attached.
means any single-family dwelling of one or more rooms suitable
for residential occupancy by any number of persons living together
as a single family, including single-family dwelling units, and each
group of rooms constituting a dwelling unit for a single family in
any multiple-dwelling structure.
means the finance department of the city.
means a water main within the physical boundaries of a lot
or subdivision.
means a water line serving a single developer or neighborhood,
normally eight inches or smaller, but may include larger sizes, to
which all service lines are attached.
means a city-installed water meter.
means a structure containing two or more dwelling units (but
excepting low-income housing, housing at a place of education, long-term
care facilities, time-share property and residential care facilities
for the elderly, as defined in California Water Code Section 537(a),
as amended).
means a structure containing two or more dwelling units (but
excepting low-income housing, housing at a place of education, long-term
care facilities, time-share property and residential care facilities
for the elderly, as defined in California Water Code Section 537(a),
as amended).
means a water main in a street or right-of-way on or about
the border of a lot or subdivision which is or may be shared by two
or more developers.
means any lot, piece or parcel of land or any building or
other structure or any part of any building or structure having a
connection with the water system.
means the furnishing of water to premises where the consumer
is engaged in a trade or business.
means any connection on private property to a service line
for the purpose of extracting water from the city water system.
means the furnishing of water for household residential purposes,
including water used for sprinkling lawns, gardens and shrubbery,
for watering livestock, for washing vehicles and for other similar
and customary purposes.
means the furnishing of water to premises for use by a consumer
in manufacturing or processing activities.
means the supply line extending from the local or distributing
main to the property line and includes the meter.
means the furnishing of water by measured quantities.
means furnishing water for municipal or other public use.
means a property-owner installed device to measure water
supplied for the exclusive use of the particular dwelling unit installed
after a city-installed meter; which is in compliance with California
Civil Code Sections 1954.201 through 1954.219, as amended.
means any of the larger mains shown on the city master plan,
or otherwise designated by the city, and which shall not normally
have any service line directly attached.
means that area within or without the city roughly between
the elevations of 315 to 430 feet and served or capable of being served
by gravity from the main storage facilities of the city water system
located at elevations approximately 485 to 535 feet.
means water furnished by the water system.
means all of the necessary component parts of a water system
including pipe, fittings, valves and hydrants.
means a water main connecting a developer's lot or
subdivision with a nonadjacent water main and which benefits or will
benefit lands on one or both sides of the main that are not part of
the developer's lot or subdivision. "Water main extensions"
are also sometimes referred to as "off-tract mains."
means the services, facilities and water furnished or available
to premises by the water system.
means the existing municipal water system of the city, together
with the improvements thereto, as described in the following measure,
together with such additions, extensions, betterments or improvements
thereto as may be made from time to time:
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MEASURE (A) (Water System Improvements—Revenue Bonds)
Shall the city of Pleasanton issue revenue bonds in the principal
amount of $750,000 pursuant to the Revenue Bond Law of 1941, to provide
funds for the acquisition, construction, improvement and financing
of the following enterprise, to wit: Improvements to the existing
municipal water system of the city of Pleasanton, comprising works
and facilities for the storage, transmission and distribution of water,
including pumping plants, lift stations, reservoirs and water storage
facilities, water mains, pipelines, pipes, meters, pumps, equipment,
and other works, properties or structures necessary or convenient
for improvements to the existing municipal water system for the city
of Pleasanton?
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Which measure was duly approved by the voters of the city at
a special revenue bond election duly called and held in the city on
October 5, 1965.
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(Prior code § 2-16.01; Ord. 2000 § 1, 2009; Ord.
2171 § 2, 2017)
A.
The
city will endeavor to supply water at the curb or property line in
adequate quantities and at proper working pressures to meet the reasonable
needs and requirements of consumers.
B.
Whenever
water is furnished for human consumption, the city will endeavor to
supply at all times a safe and potable water.
C.
All
water supplied consumers will be supplied by metered service, and
will be measured by means of suitable standard water meters. A cubic
foot will be the unit of measurement for metered service.
D.
All
water rates and charges shall become effective immediately, as to
all premises then connected to the water system. All such rates and
charges shall become effective against all premises not then connected
to the water system immediately upon such connection.
E.
No
water and no services or facilities of the water system shall be furnished
to any consumer or to any person free of charge; provided, however,
that the city may without charge use water for park irrigation, street
cleaning, firefighting and testing, maintenance and repairing the
water system, and for similar municipal purposes.
F.
Except
by special agreement with the city, no consumer shall resell any water
furnished by the city through the water system.
G.
The
city will exercise reasonable diligence to provide continuous and
adequate water service to consumers and to avoid any shortage or interruption
of delivery of water, but cannot guarantee complete freedom from interruption.
The department shall have the right to suspend water service temporarily
to make necessary repairs or improvements to the water system. In
each case of temporary suspension of service the department will notify
the consumers affected as soon as circumstances permit and will prosecute
the work of repair or improvement with due diligence and with the
least possible inconvenience to consumers.
H.
During
any period of threatened or actual water shortage the city shall have
the right to apportion its available water supply among consumers
in such manner as appears most equitable under the circumstances then
prevailing and with due regard to public health and safety.
I.
The
city shall not be liable for interruption, shortage or insufficiency
of water supply or water pressure or any loss or damage occasioned
thereby.
(Prior code § 2-16.02)
A.
The
department of public works shall have jurisdiction, supervision and
control of the water system and of the construction of all improvements,
additions, extensions and betterments thereto hereafter constructed
or acquired, and shall operate and maintain the water system and all
improvements, additions, extensions and betterments thereto.
B.
Subject
to the general control of the council and the city manager of the
city, the water system shall be under the direct supervision of the
director.
C.
The
department, under the supervision of the director, shall supervise
all connections to the water system, and the finance department shall
collect or cause to be collected all water bills and charges and all
connection and other fees provided for in this chapter, and the directors
of both departments, respectively, are charged with the enforcement
of the provisions of this chapter and the director of the finance
department shall keep or cause to be kept an accurate accounting and
records showing the source, amount and disposition of all funds received
from the water system under this chapter.
D.
The
city shall cause to be issued and shall maintain in good standing
a surety bond conditioned upon the full and prompt deposit by the
director of the finance department and all other employees of the
finance department of all revenues from the water system.
(Prior code § 2-16.03)
The territory served by the water system of the city shall be
all territory now within the boundaries of the city and, at the discretion
of the council, any other territory as the city may determine.
(Prior code § 2-16.04)
A.
Any person whose premises are not connected with the water system upon the date of the adoption of Ordinance 478, March 28, 1967, shall connect such premises or cause such premises to be connected with the water system only after first obtaining a permit to do so from the director and upon payment of the applicable connection charges provided in Chapter 14.08, Water Connections; provided, however, that there shall be no charge for connecting premises for which a service connection has already been installed to the water system, except as this chapter expressly otherwise provides.
Any consumer connecting to the water system on an intermittent or temporary basis, including, but not limited to, use of fire hydrants or blow-offs for construction water, flushing lines, or similar purposes, shall connect to the water system only after first obtaining a permit to do so from the director; there shall be no connection charge pursuant to Chapter 14.08, Water Connections, but there shall be a charge pursuant to Section 14.04.070.
B.
Each
applicant for water service may be required to sign, on a form provided
by the department, an application which shall set forth:
1.
Date
and place of application;
2.
Location
of premises to be served;
3.
Date
applicant will be ready for service;
4.
Whether
the premises have been heretofore supplied with water from the water
system;
5.
Purpose
for which service is to be used;
6.
Address
to which bills are to be mailed or delivered;
7.
Whether
applicant is owner or tenant of, or agent for, the premises;
8.
Such
other information as the department may reasonably require.
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The application is only a written request for service and does
not bind the applicant to take service for a period of time longer
than that upon which the rates and minimum charges of the applicable
rate schedule are based; neither does it bind the city to serve, except
under reasonable conditions.
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Two or more parties who join in one application for service
shall be jointly and severally liable for payment of bills and shall
be billed by means of single periodic bills.
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C.
Connections
to the water system shall occur as follows:
1.
For
separate houses, including single-family homes, condominiums and townhouses,
through a separate service connection to each dwelling unit;
3.
For
buildings or business quarters on the same parcel or on adjoining
parcels under a single control or management by either of the following
methods, as the director shall elect:
a.
Through separate service connections to each such building or business
quarter, or
b.
Through a single service connection to supply all of such buildings
and business quarters, and in which case one monthly minimum charge
shall be applied for each such occupied building or business quarter,
and the responsibility for payment of charges for all water furnished
shall be assumed by the consumer having such control or management.
Credit for such vacant units which are not metered separately but
together with the occupied units shall be computed by deducting one
monthly minimum charge for each vacant unit from the original total
monthly bill for all of the units.
D.
In
order to assist in monitoring sewage flows and water conservation,
all applicants for service connections shall provide a separate meter
and water system for irrigation purposes when an applicant's
site qualifies under the City of Pleasanton's Landscape
Ordinance thresholds for separate domestic and irrigation
metering depending on the size of the irrigated areas, or as otherwise
determined in the reasonable discretion of the director for submetered
or separately metered sites, and may provide separate meter and water
systems for other water consumptive uses which do not have the potential
to generate flows to the sewerage system. Any such meter shall be
installed in a manner and location satisfactory to the director. Upon
request by the applicant, the director may waive, at his or her sole
discretion, this requirement if he or she finds that the volume of
irrigation water would be minimal and the cost of a separate meter
and water system would be disproportionately uneconomical relative
to sewer user charges to be saved.
E.
If,
in the opinion of the city, it is doubtful if satisfactory water service
can be given, due to location or elevation of the premises, then the
city may require a written release from liability for any damage or
inconvenience that may occur by reason of insufficient pressure or
inadequate volume of water or intermittent supply. The release shall,
without further notice from the city, remain in effect for all consumers
taking water through the service, until changes, extensions, or betterments
may be made to the distribution system by the city.
F.
Failure
by any person or any consumer to file his or her application containing
the information required by this chapter shall constitute a violation
of this chapter. No application shall be conclusive as to the matters
therein set forth nor shall the filing of any application preclude
the city from collecting from the consumer responsible for payment
(as provided in this chapter) by appropriate action such sum as is
actually due and payable for water service under the provisions of
this chapter. Each application shall be subject to verification by
the director. Any person who takes possession of and uses water from
the water system without having made application for service pursuant
to this chapter shall be held liable for the full amount of the service
rendered.
G.
The
city may require a written contract with any consumer as a condition
precedent to water service in any case where unusual quantities of
water or construction of special facilities are or will be required;
provided, however, that any such contract shall not modify the rate
structure provided in this chapter.
H.
No
rent or other charge shall be paid by the city for any meter or other
facilities located on a consumer's premises.
I.
All
service connections, meters, main extensions and installations paid
for by applicants, and all other facilities furnished by the department
or the city, whether located wholly or partially on public or private
property, shall be and remain the property of the city, and the department
shall have the right to repair, replace and maintain the same and
the right to remove the same upon discontinuance of service.
J.
The
city shall not be responsible for the installation or maintenance
of any water lines beyond the end of its service connection or meter.
(Prior code § 2-16.05; Ord. 1073 § 1, 1983; Ord.
1175 § 2, 1985; Ord. 2171 § 2, 2017; Ord. 2179 §
2, 2018)
A.
The
director or other duly authorized agent of the department shall have
at all reasonable times the right of ingress to and egress from any
consumer's premises for any purpose properly relating to the
furnishing of water to the consumer. Any inspection work or recommendation
made by the department or its agents in connection with plumbing or
appliances or any use of water on the consumer's premises, either
as a result of a complaint or otherwise, will be made without charge.
No agent or employee of the department or the city shall accept any
personal compensation from a consumer or applicant for any services
rendered.
B.
Consumers
making any material change in the size, character or extent of the
utilizing equipment or operations for which the city is supplying
water service shall immediately give the department written notice
of the extent and nature of the change and, if necessary, amend their
application.
C.
When
a consumer receiving service at the water system main or service connection
must by means of a pump of any kind elevate or increase the pressure
of the water received, the pump shall not be attached to any pipe
directly connected to the main or service pipe. Such pumping or boosting
of pressure shall be done from a sump, cistern, or storage tank which
may be served by, but not directly connected with, the water system
distribution facilities.
D.
Quick
closing or opening valves shall not be installed on any consumer's
pipes which are directly attached to the water system mains or service
pipes. A consumer whose operation requires the use of a quick opening
or closing valve must operate such device from a tank, cistern, pump
or other facility which may be served by but not directly connected
with the water system distribution mains or service pipes.
E.
The
city will not be responsible for any loss or damage caused by any
negligence or unlawful action of any consumer or any other person
in installing, maintaining, supplying, or using any appliances, facilities
or equipment for which water or water service is furnished by the
city. Each consumer shall be held responsible for damage to the city's
meters and other property comprising any part of the water system
resulting from use or operation of appliances or facilities on such
consumer's premises including, without limiting the generality
of the foregoing, damage caused by steam, hot water or chemicals.
F.
It
is a violation of this chapter for any person to tamper with any of
the property comprising the water system.
G.
It
is a violation of this chapter for any person or consumer to waste
water obtained from the water system. As used in this subsection,
the term "waste" means:
1.
Use
of potable water between 9:00 a.m. and 6:00 p.m. to irrigate grass,
lawns, groundcover, shrubbery, crops, vegetation, and trees, with
the exception of hand watering and drip irrigation;
2.
The
application of potable water to outdoor landscaping in a manner that
causes runoff such that water flows onto adjacent property, non-irrigated
areas, private and public walkways, roadways, parking lots or structures;
3.
Use
of potable water to irrigate outdoor landscaping during and within
48 hours after measurable rainfall;
4.
Use
of potable water to wash down sidewalks, walkways, driveways, parking
lots, open ground or other hard surface areas by the direct application
of water thereto, unless needed for health or safety reasons;
5.
Use
of potable water in non-recirculating decorative ponds, fountains
and other water features, with the exception of child water-play features;
6.
Allowing
potable water to escape from breaks within the person or consumer's
plumbing system for more than eight hours after the person or consumer
is notified or discovers the break.
7.
Use
of potable water for outdoor landscaping through a dedicated irrigation
meter within the city's recycled water use area unless otherwise
exempted by the director of operations and water utilities for existing
water customers, or city engineer for new development.
(Prior code § 2-16.06; Ord. 2093 § 1, 2014; Ord.
2097 § 1, 2014; Ord. 2118 § 1, 2015; Ord. 2176 §
2, 2018)
There is levied and assessed upon all consumers and premises
connected with the water system a service charge based upon the size
of the city-installed water meter to the premises and a charge based
upon the amount of water flow through the city-installed meter, both
of which charges shall be paid. The amount of the service charge and
the charge for water used shall be in accordance with the amount specified
in the resolution establishing various fees and charges for municipal
services of the city. The city shall only read city-installed water
meters, and not property-owner installed submeters.
(Prior code § 2-16.07; Ord. 1973 § 2, 1983; Ord.
2171 § 2, 2017)
A.
For
a new residential applicant, whether the applicant is the property
owner or a tenant of a residential unit that is not master metered,
the finance director may require from the applicant a security deposit
in an amount not to exceed twice the average periodic (i.e., bimonthly)
bill.
B.
For
a new residential applicant for a building that is master metered,
the finance director may require from the property owner a security
deposit in an amount not to exceed an estimated 12 months' average
bills.
C.
For
a new nonresidential applicant, whether the applicant is the property
owner or the tenant, the finance director may require from the applicant
a security deposit in an amount not to exceed an estimated 12 months'
average bills.
D.
Where
the new residential applicant is a tenant in a residence that is not
master metered, the finance director shall not require, as a condition
of the new applicant's establishing an account and receiving
service, that the account be established in the property owner's
name unless the property owner consents through a written agreement.
E.
Where
the new residential applicant is a tenant in a residence where the
account for the previous tenant has outstanding charges and/or penalties,
the finance director shall not require the new applicant to pay those
charges/penalties as a condition of establishing an account and receiving
service unless the new applicant was an adult living in the residence
when the charges/penalties accrued.
(Prior code § 2-16.08; Ord. 1127 § 1, 1984; Ord.
1703 § 1, 1997)
The charges for water furnished or available to premises outside
the boundaries of the city shall be in amounts equal to the charges
which would be applicable if the premises were located within the
city. (Unnumbered prior code section)
A.
All
water charges shall be billed to the owner of the premises upon which
charges herein fixed are levied and assessed or to the person who
requested connection to the water system, or his or her successor
in interest, or to any person requesting that such bill be charged
to him or her.
1.
In the event water usage is recorded on a meter for which no connection has been requested, the owner of the premises shall be responsible for all such water charges; unless it is demonstrated to the city's reasonable satisfaction that during the period of such water usage that the premises was occupied by person(s) or legal entity who had requested that service at the premises be terminated as provided in Section 14.04.120.
B.
All
water charges shall become due and payable at the operations services
department on the date of payment specified thereon and shall become
delinquent on the day following the current billing due date, except
that closing bills, where service is discontinued, will be due and
payable on date of presentation, and collection will be made at time
of presentation. All bills for water charges will be rendered by the
city monthly or bimonthly and will be issued by the operation services
department. Meters will be read at regular intervals for the preparation
of regular metered service bills and as required for the preparation
of opening bills, closing bills and special bills. Each meter will
be read separately. It may not always be possible to read meters regularly
on the same day of each period. Should a monthly billing period contain
less than 27 days or more than 33 days, a pro rata correction in the
bill will be made. Proportionate adjustments will be made when other
billing periods are used.
C.
Opening
bills, closing bills, monthly bills rendered for a period of less
than 27 days or more than 33 days, and other bills requiring proration,
will be computed in accordance with the applicable schedule, but the
amount of the fixed charge or minimum charge specified therein will
be prorated on the basis of the ratio of the number of days in the
period to the number of days in the average billing period, based
on an average month of 30.4 days. Should the total period of service
be less than one month, no proration will be made, and no bill shall
be less than the specified monthly fixed charge or minimum charge.
D.
On
each bill for water service rendered by the city to its consumers
will be printed substantially the following language:
This bill is due upon receipt and is delinquent if not paid on the day after the current billing due date. If delinquent, service may be discontinued and penalties assessed. A cash deposit and reconnection charge may be required to reestablish service. See Municipal Code §14.04.090.
E.
The
city manager, in consultation with the director of operation services,
is authorized to administratively adopt, and amend as needed, a policy
setting penalty amounts to be levied on past due and/or unpaid utility
bills, as well as a process to waive such penalty amounts.
(Prior code § 2-16.09; Ord. 2192 § 2, 2019; Ord.
2244 § 2, 2023)
A.
The
city will, if no undue hardship to its existing consumers will result
therefrom, furnish temporary service under the following conditions:
1.
The
applicant will be required to pay to the city, in advance, the estimated
net cost of installing and removing the facilities necessary to furnish
the service; and
2.
Where
duration of service is to be less than one month, the applicant may
also be required to deposit cash equal to the estimated bill, subject
to adjustment and refund or repayment in accordance with actual bill
rendered upon discontinuance of service; or
(Prior code § 2-16.10)
A.
The
city may refuse an application for service under the following conditions:
1.
If
the applicant fails to comply with the provisions of this chapter;
or
2.
If
in the judgment of the director the intended use of the service is
of such a nature that it would be detrimental or injurious to the
water service furnished by the city to other consumers; or
3.
If
in the judgment of the director the intended use of the service is
dangerous or unsafe or of such a nature that satisfactory service
cannot be rendered; or
4.
If
in the judgment of the director the intended use of the service would
result in a negligent or wasteful use of water which would affect
the city's water service.
B.
The
city shall have the right to refuse water service to any premises
if necessary to protect itself against fraud or abuse.
C.
If
service has theretofore been discontinued for fraudulent use, service
will not be rendered until the director has determined that all conditions
of fraudulent use or practice have been corrected.
D.
When
an applicant is refused service under the provisions of this section,
the director shall inform him or her of the reason for the refusal
to serve him or her and of his or her right of appeal under this chapter.
(Prior code § 2-16.11)
Any consumer may have his or her water service discontinued
by giving notice to the department requesting discontinuance not less
than two days prior to the requested date of discontinuance. Each
such consumer shall pay all water charges up to and including the
date of discontinuance stated in such notice. In any case where such
notice is not given, the consumer shall be required to pay for water
service until two days after the department has knowledge that the
consumer has vacated the premises or otherwise discontinued water
service. The city shall make a reconnection charge for restoring water
service to any consumer whose water service has been discontinued
at his or her request. Such charge shall be as set forth in the master
fee schedule.
(Prior code § 2-16.12; Ord. 2019 § 1, 2011)
A.
A consumer's
water service may be discontinued for nonpayment of a bill for water
service furnished if the bill is not paid within 60 days after it
has become delinquent. A consumer's water service may also be
discontinued for nonpayment of a bill for water service furnished
at a previous or different location served by the city, if such bill
is not paid within 60 days after it has become delinquent. No service
will be discontinued under this subsection until at least five days
after deposit by written notice from the director to such consumer
in the United States Post Office of Pleasanton, Alameda County, California,
addressed to the person to whom notice is given and stating the city's
intention to discontinue service. The city may also provide additional
notice about discontinuance of water service by telephone contact,
and/or a door hanger with written notice on the main entrance of the
building where water service is furnished.
B.
The
city may discontinue service without notice to any premises where
a consumer's installation for utilizing the service is found
by the director to be dangerous or unsafe or where the use of water
on such premises is found by the director to be detrimental or injurious
to the water service furnished by the city to other consumers, or
where the director finds that negligent or wasteful use of water exists
on any premises which affects the city's water service. The
city shall have the right to discontinue water service to any premises
if necessary to protect itself against fraud or abuse.
C.
In the event of violation of any terms of this chapter (except subsections A and B of this section), the department may disconnect the premises to which such violation relates from the water system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the director will exercise his or her authority to disconnect the premises from the water system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Pleasanton, Alameda County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the director may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
D.
Upon
failure of any consumer billed or the owner of any premises to pay
any water service charge subsequent to delinquency, the following
action shall be taken by the city or the director to enforce such
payment:
1.
In
each case where any bill for water service remains unpaid after such
bill becomes delinquent, and remains unpaid for 60 days thereafter
the director shall: (a) disconnect the premises from the water system
for nonpayment of water bills; and (b) cause an action at law to be
brought on behalf of the city against the person responsible for payment
of such bill to recover the amount of such bill and the costs of such
action.
2.
For
situations involving significant unpaid amounts which have been delinquent
for a long period of time involving accounts where service was requested
by the property owner, the director may impose a lien on the property
for the unpaid amount plus penalties as provided in California Government
Code Section 43008.
E.
Whenever any premises have been disconnected from the water system for any violation of this chapter, such premises shall not be reconnected to the water system until all delinquent charges have been paid, together with applicable charges as provided in the master fee schedule, and until a security deposit is established pursuant to Section 14.04.075. When any person's premises have been disconnected from the water system under the provisions of this subsection, the director shall inform him or her of the reason for the disconnection and of his or her right of appeal under this chapter.
F.
Notwithstanding
the measures described above, the city manager, in consultation with
the director of operation services, is authorized to administratively
adopt, and amend as needed, a policy for discontinuance of residential
water service for non-payment as required by California Health and
Safety Code Section 116900 et seq. (the Water Shutoff Protection Act).
The provisions of such administrative policy shall supersede any conflicting
provisions of this chapter.
(Prior code § 2-16.13; Ord. 2019 § 1, 2011; Ord.
2093 § 1, 2014; Ord. 2192 § 2, 2019; Ord. 2216 §
2, 2021)
A.
Tests
On Consumer's Request.
1.
A
consumer may, on not less than one week's notice, request that
the city test the meter serving consumer's premises. Where the
accuracy of the record of the water meter is questioned by the consumer,
such meter may be removed by the city at the consumer's request,
and shall be tested using a third-party meter testing agency selected
by the city. Testing shall be in accordance with then current American
Water Works Association M6 Water Meters standard practice.
2.
Before
testing any meter, the consumer requesting the test shall make a deposit
with the city in the amount of the estimated cost for the city to
remove, replace and have tested the meter in question.
3.
A
report showing the results of the meter test will be furnished to
the consumer within 15 days after completion of the test. If consumer
disagrees with the report's findings, consumer may pay for a
second test and report using a different third-party meter testing
agency selected by the city.
B.
Adjustment
of Bills for Meter Error or Leaks.
1.
Fast
Meters. If the test discloses an error against the consumer of more
than two percent of the meter's registry, the excess consumption
on the three previous readings shall be credited to the consumer's
meter account. The city shall bear the entire expense of the test,
and the deposit required by this chapter shall be returned to consumer.
2.
Slow
Meters. When, upon test, a meter is found to be registering more than
three percent slow, the city may bill the consumer for the amount
of the undercharged water based upon corrected meter readings for
the period the meter was in service but not exceeding the previous
three readings. The consumer who has requested the test shall pay
for the meter test and labor to remove the old meter and reinstall
an accurate meter. The city shall provide a cost estimate to the consumer
prior to any work being done.
3.
Nonregistering
Meters. A nonregistering meter is a meter which has lost the ability
to measure water flowing through it. The main indicator of this condition
is the flow registering device fails to increment was water passes
through the meter. The city may bill the consumer for water consumed
while the meter was nonregistering but for a period not exceeding
six months at the minimum monthly meter rate, or upon an estimate
of the consumption based upon the consumer's prior use during
the same season of the year if conditions were unchanged, or upon
an estimate based upon a reasonable comparison with the use of other
consumers during the same period, receiving the same class of service
under similar circumstances and conditions.
4.
Leaks.
The city manager may adopt an administrative policy, "Credit
to Utility Bill After Repair of Certain Water Leaks Policy,"
for utility bill adjustments after a consumer repairs a water leak
which was not readily discernable and is beyond the control of the
consumer.
5.
General.
When it is found that the error in a meter is due to some cause, the
date of which can be fixed, the overcharge or the undercharge will
be computed back to, but not beyond, such date.
(Prior code § 2-16.14; Ord. 2167 § 2, 2017; Ord.
2239 § 2, 2022)
A.
Notices
from the city to any consumer will be given in writing, either delivered
to the consumer or mailed to his or her last known address, except
that where conditions warrant or in any emergency the city may give
verbal notice by telephone or in person.
B.
Notices
from a consumer to the city may be given by the consumer or his or
her authorized representative verbally or in writing at the office
of the department or to an employee or agent of the department who
is authorized to receive notices or complaints, or may be sent by
mail to the department office.
(Prior code § 2-16.15)
A.
Any
person who shall have a right to appeal as provided in any section
of this chapter or who shall be dissatisfied with any determination
hereinafter made under this chapter by the department or the director
may, at any time within 30 days after such determination, appeal to
the city manager by giving written notice to the director and to the
city manager, setting forth the determination with which such person
is dissatisfied. After review and determination by the city manager,
any person who shall then be dissatisfied with such determination
may, at any time within 30 days after such determination, appeal to
the council by giving written notice to the city manager and to the
city clerk, setting forth the determination with which such person
is dissatisfied. The council may, at any time, upon its own motion
appeal from any determination made by the director or the city manager
under this chapter. In the event of any such appeal to the council,
the city manager shall transmit to the council a report upon the matter
appealed. The council shall cause notice to be given, at least 10
days prior to the time fixed for such hearing, to all persons affected
by such appeal, of the time and place fixed by the council for hearing
such appeal. The council shall direct the city clerk to mail a written
notice, postage prepaid, to all such persons whose addresses are known
to the council.
B.
Pending
decision upon any appeal relative to the amount of any charge under
this chapter, the person making such appeal shall pay such charge.
After the appeal is heard, the council shall order refunded to the
person making such appeal such amount, if any, as the council shall
determine should be refunded.
(Prior code § 2-16.16)
All revenues received by the finance department or the city under this chapter, excepting all connection charges provided for in Chapter 14.08, and all refundable deposits made to establish credit, shall be deposited within a reasonable time after receipt thereof in a depository bank of the city, and said sums, together with any interest earned thereon, shall on or before the first business day of each calendar month next succeeding the calendar month in which such revenues shall have been collected, be deposited by the city in the manner and for the purposes provided and with the fiscal agent designated, in or pursuant to that certain resolution adopted by the council on March 27, 1967, entitled:
Resolution Providing for the Issuance of $750,000 Principal
Amount of City of Pleasanton 1967 Water Revenue Bonds and of $400,000
Principal Amount of Series A Bonds of Said Issue, and Prescribing
the Terms, Conditions and Form of Said Series A Bonds.
(Prior code § 2-16.17)
