As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section.
"Clerk of the water department"
shall mean the director of finance.
"Consumer"
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.
"Water superintendent"
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)
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)
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)
(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)
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)
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 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)
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)