As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section.
shall mean the director of finance.
shall include every person, corporation or other association
to whom water is furnished from the water system of the city for himself,
for his family, for his lessee or for a place of business.
shall mean the director of finance.
(Code 1957, §§ 3401, 3402)
(a)
In
all cases where any consumer of water has been guilty of a violation
of any of the provisions of this article, the city may, through its
authorized officials, cut off the water supply from the premises to
which water has been theretofore furnished.
(b)
When
such supply has been cut off for violation of this article, or any
ordinance of the city, or any provision thereof or rule of the city,
it shall not be turned on again except upon the payment of the amount
then due from such consumer, and upon the compliance on the part of
such consumer with the terms and provisions of the ordinance of the
city affecting the maintenance of the water system of the city and
the distribution of the water thereof, together with the additional
sum required by section 31-22 for the expense of turning the water
off and on.
(Code 1957, § 3461)
The water superintendent shall have access, at all times, to
all parts of the premises supplied with water, to see that everything
pertaining to the water service is in good repair, and that the rules
and regulations of this chapter are being observed.
(Code 1957, § 3461, Rule 12)
The city will not be responsible for the breaking of any pipe
or service cock or for any other interruption of supply of water by
reason for such break or by reason of the breaking of machinery or
stoppage for necessary repairs.
(Code 1957, § 3461, Rule 5)
The city will not be responsible for water damages to any building
or its contents from any break beyond the street service box.
(Code 1957, § 3445)
The city reserves the right at any time to shut off the water
in the main for the purpose of making repairs or extensions, or for
other purposes.
(Code 1957, § 3461, Rule 6)
Before water shall be supplied to any premises through a meter,
the owner or his designated representative shall make application
to the water superintendent. An applicant for the supply of water
shall, thereafter, be defined as the consumer for the purposes of
applying the terms of this chapter.
(Code 1957, § 3421; Ord. No. 1429, § 1, 5-19-71)
The conditions to granting an application required by section
31-7 and furnishing water for said premises are as follows:
(a)
The
water superintendent shall establish rules and procedures for the
payment of security deposits by applicants for water service.
(b)
A consumer
of water shall pay the up and down charges, including all labor and
material used to repair meters which are not in a condition to be
restocked after a temporary service is removed.
(c)
The
cost of making any changes in location of service, size of services,
temporary installations and removals shall be charged for and collected
from the consumer. The consumer shall deposit with the water department
as security for the payment of such charges an amount of money determined
by the director of public works, not exceeding in amount the probable
cost of any changes in services.
(d)
The
payment of all charges required by this chapter for connection to
the city's water system including, but not limited to water connection
charges established pursuant to section 31-11 and any charges imposed
for placement of a water meter.
(e)
Payment
of all unpaid balances, together with accrued interest, on any amounts
imposed on the applicant pursuant to this chapter with respect to
any property connected to the city's water system.
(Code 1957, §§ 3423, 3424; Ord. No. 89-26, § 1, 6-7-89; Ord. No. 90-43, § 1, 8-15-90)
Editor's note—Section 31-9, pertaining to
deposits, derived from Ord. No. 90-11, § 1, 2-21-90, was
repealed by Ord. No. 2020-04, § 2, adopted 2-5-20.
(a)
Deposits
required by this article shall be returned to the depositor after
a satisfactory credit history has been established in accordance with
rules and procedures which shall be established by the water superintendent.
(b)
There
shall be deducted from any deposit otherwise eligible for return to
the depositor any amount owing by the depositor for water delivered
to any former address of the depositor.
(Ord. No. 90-11, § 1, 2-21-90; Ord. No. 90-43, § 2, 8-15-90)
(a)
Water
connection charges for on-site and off-site facilities shall be established
and may be adjusted from time to time by resolution of the city council.
All fees shall be charged and collected by the water department for
making all water connections for consumers situated within the city
and shall be paid before any connections are made.
(b)
For
the purpose of assessing fees under this section, an EDU shall mean
the average consumption of a single-family home and is currently calculated
to be 600 gallons per day. This standard measurement may be modified
from time to time by the city engineer to reflect actual consumption.
(c)
The
system connection fees set forth by resolution of the city council
shall be charged for each building constructed or placed on a lot
or parcel in the city when such building connects to the water filtration
system.
(d)
Any
person who relocates an existing building to another location in the
city shall pay the applicable water connection fees in accordance
with the resolution of the city council when such building connects
to the water filtration system. If the site to which the building
is relocated has a credit available from previous water service such
credit may be used to satisfy in whole or in part such water connection
fee.
(Code 1957, § 3425; Ord. No. 1401, § 1, 1-20-71; Ord. No. 73-45, § 1, 10-3-73; Ord. No. 75-22, § 1, 6-4-75; Ord. No. 79-25, § 1, 5-23-79; Ord. No. 81-21, § 1, 3-25-81; Ord. No. 83-26, § 2, 4-27-83; Ord. No. 84-13, §§ 2, 3, 3-15-84; Ord. No. 86-52, § 1, 7-16-86; Ord. No. 91-30, § 4, 8-7-91; Ord. No. 92-40, §§ 7—9, 10-7-92; Ord. No. 93-5, § 1, 3-3-93; Ord. No. 2003-16, § 3, 6-4-03)
(a)
Any
applicable water connection fee credit shall be determined pursuant
to section 6-442, 6-445 or 6-446.
(b)
When
any property receiving agricultural water service terminates such
service and thereafter requests water connections for residential,
commercial or industrial purposes, an amount equal to the connection
charge for the agricultural connection at the time of its termination
shall be used in determining any available water connection fee credit
under section 6-442, 6-445 or 6-446 subject to the provisions of those
sections.
Editor's note—Ord. No. 88-48, § 1,
adopted Sept. 7, 1988, repealed § 31-12, pertaining to connection
charges for historic agricultural uses, which derived from Ord. No.
87-25, § 1, adopted July 1, 1987 and Ord. No. 87-46, § 1,
adopted Sept. 23, 1987.
(Ord. No. 93-5, § 2, 3-3-93; Ord. No. 93-15, § 1, 7-14-93; Ord. No. 2008-21(R), § 9, 10-22-08)
Whenever a consumer desires water service and it is necessary
to make extension of the mains to serve such customer, the city shall
make such extension; provided, however, that the consumer deposit
with the city the cost of the extension as estimated by the water
superintendent.
(Code 1957, § 3471)
As an alternative to the deposit by the consumer as provided
in section 31-13, the city may enter into a written agreement with
the consumer or customer providing that said consumer or customer
pay for and install said line extension, under the supervision of
and subject to the control of the city, through a contract with any
responsible contractor. The contract may also provide that any off-site
extensions be repaid to the party installing the same, by means of
hook-on charges levied against the property benefiting from said line,
in proportion to the benefit received by such property. Such assessments
shall be spread by the city engineer and indicated by means of an
assessment map attached to the contract. Said contract shall be filed
in the office of the city clerk of the city. All lines so installed
shall remain at all times the property of the city, and all connection
charges shall be made by the city. No such contract shall extend over
a longer period than 10 years, and after such date, no further repayments
shall be made by the city to any person.
(Code 1957, § 3472; Ord. No. 1541, § 1, 9-20-72)
Additional payments shall be refunded to the original consumer
who deposited the money to pay for the original extension of the main,
until he is refunded the amount of his deposit, less the water credit
given him.
(Code 1957, § 3474)
The council may, by written resolution, amend or modify the
meter rates when, in the opinion of the council, such amendment or
modification is deemed necessary.
(Code 1957, §§ 3419, 3461, Rule 7)
The city clerk shall certify the passage of a resolution passed
pursuant to section 31-16 and shall cause the same to be published
in the same manner and style as required by law for the publication
of ordinances.
(Code 1957, § 3419.1)
No allowance or rebate shall be made in water rates charged
against any property or premises while the water remains connected
therewith.
(Code 1957, § 3461, Rule 8)
(a)
A
penalty shall be added to any account in which payment in full is
not received before the close of business on the due date. Penalties
shall be charged as set by resolution.
(b)
In
no case will the due date be less than 19 days from the bill date.
(c)
In
addition to the penalties imposed, any person who fails to pay a bill
in full shall pay interest and collection fees as set by resolution.
(Code 1957, § 3431; Ord. No. 1451, § 1, 9-1-71; Ord. No. 94-18, § 1, 6-1-94; Ord. No. 94-40, § 4, 12-14-94)
Unless payment of a water bill is received within 60 days following
the billing due date, service shall be discontinued without further
notice.
(Code 1957, § 3431; Ord. No. 1451, § 1, 9-1-71; Ord. No. 94-18, § 1, 6-1-94; Ord. No. 2020-04, § 3, 2-5-20)
Water service which has been discontinued pursuant to this chapter
shall, in no case, be turned on to the same property until all such
delinquencies have been paid in full.
(Code 1957, § 3436)
Any water bill not paid in full by the final due date shall
be subject to a reinstatement fee which shall be added to the account.
The reinstatement fee is due and payable with the delinquent balance.
The amount of the reinstatement fee shall be established by resolution
of the city council.
(Code 1957, §§ 3428, 3461, Rule 9; Ord. No. 79-25, § 2, 5-23-79; Ord. No. 90-43, § 3, 8-15-90; Ord. No. 91-47, § 1, 11-6-91)
Every consumer of water using a water meter shall pay monthly
rates which shall be established and amended from time to time by
resolution of city council. Nothing in this section shall affect in
any way the rights of the citizens of Escondido to exercise the referendum
process.
(Code 1957, § 3412; Ord. No. 73-45, § 2, 10-3-73; Ord. No. 75-22, § 2, 6-4-75; Ord. No. 77-29, § 1, 5-11-77; Ord. No. 78-50, § 1, 11-1-78; Ord. No. 79-25, § 3, 5-23-79; Ord. No. 81-21, § 2, 3-25-81; Ord. No. 82-92, § 1, 9-15-82; Ord. No. 83-15, §§ 1,
2, 5-4-83; Ord. No. 83-30, § 1, 5-18-83; Ord. No. 94-18, § 1, 6-1-94)
A minimum monthly rate for water through a meter, to be known
as a water service charge, shall be payable monthly in advance in
addition to the charges enumerated in section 31-23 shall be established
by resolution of the city council and amended from time to time by
resolution of the city council.
(Code 1957, § 3413; Ord. No. 73-45, § 3, 10-3-73; Ord. No. 75-22, § 3, 6-4-75; Ord. No. 77-29, § 2, 5-11-77; Ord. No. 79-25, § 4, 5-23-79; Ord. No. 81-21, § 3, 3-25-81; Ord. No. 82-92, § 2, 9-15-82; Ord. No. 90-43, § 4, 8-15-90; Ord. No. 94-18, § 1, 6-1-94)
An additional service charge, in an amount established by resolution
of the city council, shall be payable for each additional dwelling
unit or business, shall be paid whenever more than one dwelling unit
or more than one business in any residence or business building or
establishment or trailer park or mobilehome is served water through
one meter.
(Code 1957, § 3414; Ord. No. 73-45, § 4, 10-3-73; Ord. No. 75-22, § 4, 6-4-75; Ord. No. 77-29, § 3, 5-11-77; Ord. No. 79-25, § 5, 5-23-79; Ord. No. 81-21, § 4, 3-25-81; Ord. No. 82-92, § 3, 9-15-82; Ord. No. 90-43, § 5, 8-15-90; Ord. No. 94-18, § 1, 6-1-94)
For each water meter for service to sprinkler systems for fire
control installed for any person, the meter or standby charges shall
be established by resolution of the city council.
(Code 1957, § 3416; Ord. No. 90-43, § 6, 8-15-90)
Whenever a water meter fails to register correctly, the consumer
shall be charged with an average daily consumption as shown by the
meter when in good working order and registering correctly.
(Code 1957, § 3412.1)
In case a water consumer does not make continuous use of water,
his account shall be debited with the minimum service charge.
(Code 1957, § 3427)
Full water rates shall be charged against any and all property
as hereinbefore specified until the water superintendent has been
notified in writing to shut off or disconnect the water therefrom.
(Code 1957, § 3461, Rule 8)
The water department fund is hereby created, and all moneys
of the department shall be kept in the fund, separate from any other
moneys or funds of the city.
(Code 1957, § 3313)
All water meters and service pipes installed by the city shall
remain at all times the property of the city and shall be maintained
and repaired and removed by the city when rendered unserviceable through
fair wear and tear.
(Code 1957, § 3441)
Where replacements, repairs or adjustments of any water meter
are rendered necessary by the act, negligence or carelessness of the
consumer, any expense incurred by the city thereby shall be charged
against and collected from the consumer.
(Code 1957, § 3442)
All consumers of water must keep their service pipes, fixtures,
stopcocks and other apparatus (but not the service pipe put in and
owned by the city) in good repair and free from leakage at their own
expense; and they will be liable for all damages which may result
from their failure to comply therewith.
(Code 1957, § 3461, Rule 2)
A water consumer shall provide at his own expense a stopcock
in addition to the stopcock required by section 31-35 to be placed
on or near his property line at a point to be designated by the city
for making the installation, and no consumer shall be entitled to
water until such stopcock is placed in said line at or near said property
line.
(Code 1957, § 3446)
There shall be a stopcock in every attachment on the sidewalk
just inside the curbstone or between the meter and the main next to
the meter at a point to be designated by the water superintendent,
which stopcock and its box shall be supplied by the city and shall
be for the exclusive use and under the exclusive control of the city.
(Code 1957, § 3444)
All city water used on any premises must pass through the meter,
and no delivery will be made except through a meter.
(Code 1957, § 3443)
All water meters shall be placed so as to measure all water
passing through the tap or service pipe furnishing the water.
(Code 1957, § 3461, Rule 10)
Any consumer of water shall have the right to demand that the
meter through which water is being furnished be examined and tested
by the water department for the purpose of ascertaining whether or
not it is registering correctly the amount of water which is being
delivered through it by the city to such consumer.
(Code 1957, § 3451)
When any water consumer desires to have a water meter examined
and tested as authorized by this chapter, an application therefor
shall be submitted in writing to the city, accompanied by such fee
as may be established by resolution of the city council.
(Code 1957, § 3453; Ord. No. 90-43, § 7, 8-15-90)
Upon an application being made for an examination and test of
a water meter, it shall be the duty of the city to cause the meter
to be examined and tested for the purpose of ascertaining whether
or not it is registering correctly the water being delivered through
it.
(Code 1957, § 3455)
No test of a water meter authorized by section 31-38 shall be
made within six months after initial installation or within six months
after any previous test has been made.
(Code 1957, § 3452)
If upon an examination and test of a water meter, the meter
is found to register over 3% more than actually passes through it,
another meter will be substituted therefor, and the fee charged in
the application for a test shall be repaid to the person making the
application.
(Code 1957, § 3456)
An attempt will be made to read all water meters approximately
once a month.
(Code 1957, § 3461, Rule 10; Ord. No. 90-43, § 8, 8-15-90; Ord. No. 94-18, § 1, 6-1-94)
A copy of the reading of the appropriate water meter shall appear
on the consumer's bill.
(Code 1957, § 3461, Rule 10)
No water shall be taken from any fire hydrant valve, stand,
line or facilities served through such connection except for fire
control. Violation of this regulation shall be cause for discontinuance
of the fire protection facilities.
(Code 1957, § 3417)
It shall be unlawful for any person to supply water to a person
whose water has been shut off because of nonpayment of a water bill.
(Code 1957, § 3461, Rule 11)
All faucets, hoses, sprinklers, nozzles or other contrivances
through which a continuous stream of water can be conducted must be
shut off promptly upon an alarm of fire being given in the city; and
the water from same shall not be turned on again until the fire is
extinguished.
(Code 1957, § 3461, Rule 3)
(a)
No
person shall place on, about or around any water meter, hydrant or
stopcock connected with the pipes of the waterworks of the city any
building material, rubbish or other obstruction so as to prevent free
access to the same.
(b)
Upon
failure to remove such obstructions within a reasonable time after
notice to do so, the water shall be shut off and not turned on again
until such obstructions are removed and the sum required by section
31-22 paid for the expense of turning the water on.
(Code 1957, § 3461, Rule 4)
Chapters 1, 2 and 3 of Division 7 of Title 6 of the San Diego County Code and such secondary codes as are incorporated in that primary code are hereby adopted by reference by the city for the purpose of prescribing rules and regulations for the protection of the public health, safety and welfare, regulations governing water and water supplies, waste of water, pollution of water, and public swimming pool plans.
(Ord. No. 83-19, § 4, 4-13-83; Ord. No. 84-58, § 4, 9-5-84)
(a)
No
person who provides water service to users who are tenants of a mobilehome
park, apartment building or similar residence complex shall impose
any charge or surcharge upon such users which exceeds the rate set
by the city which would be applicable if the user was receiving such
services directly, except as approved by application to the city and
upon such conditions as the city council by resolution shall establish.
(b)
The
additional rate, charge or surcharge approved by the city council
shall be a sufficient differential to cover the reasonable average
cost of providing any additional service, including submeter service,
which shall not exceed the cost which the city would have incurred
in providing comparable services directly to the users of such services.
(c)
For
the purpose of this section the term "submeter service" means any
service related to reading or maintaining individual connections to
the master meter.
(Ord. No. 89-39, § 2, 8-16-89)
It is unlawful and a misdemeanor to remove a lock placed upon
a city meter by a person acting on behalf of the city. Such action
shall also be subject to the civil penalty provisions of this Code.
(Ord. No. 90-43, § 10, 8-15-90)
