The ordinance codified in this title shall be known and may be cited as the "City Water Ordinance."
(Ord. 35 § 1, 1950; Ord. 559 § 1, 2017)
The City will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving and disposing of water for public and private uses, including all parts of the enterprise, all appurtenances to it, and land easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment.
(Ord. 35 § 2, 1950; Ord. 559 § 1, 2017)
For the purpose of this chapter, the words set out in this section shall have the meanings ascribed to them as follows:
"Cross connection"
means any physical connection between the piping system from the City service and that of any other water supply that is not, or cannot, be approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the City distribution mains.
"Distribution mains"
means waterlines in streets, alleys, and easements used for public and private fire protection and for general distribution of water.
"Owner"
means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder's office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over the same for him or herself, or as executor, administrator, guardian or trustee of the owner.
"Person"
means an individual or a company, association, copartnership or public or private corporation.
"Premises"
means a lot or parcel of real property under one ownership, except where there are well defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by the several tenants, in which case each portion shall be termed separate premises, apartment houses and office buildings may be classified as single premises.
"Private fire protection service"
means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.
"Public fire protection service"
means the service and facilities of the entire water supply, storage and distribution system of the City, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.
"Regular water service"
means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor.
"Service or service connection"
means the pipeline and appurtenant facilities such as the curb stop, meter and meter box all used to extend water service from a distribution main to premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be termed a separate service.
"Temporary water service"
means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.
"Water Department"
means the City Council, performing functions related to the City water service, together with the Water Superintendent and billing clerk and other duly authorized representatives.
(Ord. 35 §§ 25—37, 1950; Ord. 559 § 1, 2017)
The Water Superintendent shall regularly inspect all physical facilities related to the City water system, to see that they are in good repair and proper working order, and to note violations of any water regulations.
(Ord. 35 § 76, 1950; Ord. 559 § 1, 2017)
The Water Superintendent shall promptly report any violation or disrepair to the Council. If the work required is in the nature of an emergency, he or she shall take whatever steps are necessary to maintain service to consumers pending action by the Council.
(Ord. 35 § 77, 1950; Ord. 559 § 1, 2017)
The Water Superintendent shall supervise all repair or construction work authorized by the Council, and perform any other duties prescribed elsewhere in this title or which shall be hereafter prescribed by the Council.
(Ord. 35 § 78, 1950; Ord. 559 § 1, 2017)
The billing clerk shall compute, prepare and mail bills as in this title prescribed, make and deposit collections, maintain proper books of account, collect, account for, and refund deposits, do whatever else is necessary to set up and maintain an efficient and economical bookkeeping system, and perform any other duties now or hereafter prescribed by the Council.
(Ord. 35 § 79, 1950; Ord. 559 § 1, 2017)
The duties of the Water Superintendent and billing clerk as designated in Sections 13.04.040 through 13.04.080, may be performed by existing City personnel or by an additional employee or employees.
(Ord. 35 § 80, 1950; Ord. 559 § 1, 2017)
The Water Superintendent and billing clerk shall receive such compensation as is prescribed by the Council.
(Ord. 35 § 81, 1950; Ord. 559 § 1, 2017)
The applicant may apply for as many services as may be reasonably required for his or her premises, provided that the pipeline system from each service is independent of the others and that they are not interconnected. The cost of all services over and above the initial service shall be borne by the applicant.
(Ord. 35 § 150, 1950; Ord. 559 § 1, 2017)
A. 
To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions are prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a State or Federal agency:
1. 
The application of potable water to outdoor landscapes 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;
2. 
The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
3. 
The application of potable water to driveways and sidewalks;
4. 
The use of potable water in a fountain or other decorative water fixture, except where the water is part of a recirculating system;
5. 
The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;
6. 
The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;
7. 
The irrigation with potable water of ornamental turf on public street medians; and
8. 
The irrigation with potable water outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development;
9. 
Hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
B. 
All commercial, industrial and institutional properties within the City, that use a water supply not provided by the City of Live Oak shall either:
1. 
Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or
2. 
Target potable water use reductions commensurate with those required of the nearest urban water supplier under Section 864.5 or, if applicable, Section 865 of the State's Water Code. Where this option is chosen, these properties shall implement the reductions on or before July 1, 2016.
(Ord. 553 § 2, 2016; Ord. 559 § 1, 2017)
For each violation of any of the provisions/regulations set forth in this chapter, there shall be assessed against the responsible party for the property on which the violation occurs, i.e., the owner, lessee, person in possession of said property, or the person reflected in the Live Oak utility records as the party to whom the water bill is sent, the following penalties:
A. 
First and Second Violation. A written warning of such violation.
B. 
Third Violation. $50.00 surcharge which shall appear on the next monthly water billing.
C. 
Fourth Violation. $100.00 surcharge which shall appear on the next monthly water billing.
D. 
Fifth and Subsequent Violations. $250.00 surcharge which shall appear on the next monthly water billing.
(Ord. 553 § 2, 2016; Ord. 559 § 1, 2017)
No consumer shall have the right to use an open hose, or any other connection without a nozzle or mechanical sprinkling attachment, unless his or her service is metered.
(Ord. 35 § 153, 1950; Ord. 559 § 1, 2017)
All facilities installed by the City on private property for the purpose of rendering water service shall remain the property of the City and may be maintained, repaired or replaced by the Water Department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of facilities. No payment shall be made for placing or maintaining the facilities on private property.
(Ord. 35 § 154, 1950; Ord. 559 § 1, 2017)
The customer shall provide a valve on his or her side of the service installation to control the flow of water to the piping on his or her premises. The customer shall not use the service curb stop to turn water on and off for his or her convenience.
(Ord. 35 § 156, 1950; Ord. 559 § 1, 2017)
A. 
It shall be the responsibility of the Public Works Department of the City to protect the public potable water distribution system from contamination or pollution due to the backflow or back siphonage of contaminants or pollutants through the water service connection.
B. 
Required—Existing Connection. If, in the judgment of the Director of Public Works or a designated agent an approved backflow prevention device is required at the City's water service connection to an existing customer's premises for the safety of the City water system, the Director or designated agent shall install or contract to install such an approved device at each service connection to their premises.
C. 
Required—New Connection. If, in the judgment of the Director of Public Works or a designated agent an approved backflow prevention device is required at the City's water service connection to any new or proposed customer's premises for the safety of the City water system, the Director or designated agent shall give notice in writing to the customer to install such an approved device at each service connection to their premises. The new or proposed customer shall install such device at their expense. The newly installed device shall be tested by a certified backflow prevention assembly tester. A certification from a certified backflow prevention assembly tester shall be submitted for approval by the Director of Public Works or a designated agent prior to obtaining a certificate of occupancy by the City of Live Oak's Chief Building Official or designated agent. Failure, refusal, or inability on the part of the new or proposed customer to install such device shall constitute grounds for discontinuing water service to the premises until such device has been properly installed, tested and certified.
(Ord. 35 § 157, 1950; Ord. 306 § 1, 1987; Ord. 508, 2008; Ord. 559 § 1, 2017)
A. 
Any backflow prevention device required by this code shall be a model and size approved by the Public Works Director. The term "approved backflow prevention device" means a device that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled "AWWA C 506-78 Standards for Reduced Pressure and Double-Check Valve Backflow Prevention Devices," and have met completely the laboratory and field performance specifications of the Foundation for Cross Connection and Hydraulic Research of the University of Southern California or other recognized institution.
B. 
Specifications of Backflow Prevention Devices 69-2 or the Most Current Issue. The AWWA and FCCC and HR standards and specifications have been adopted by the City by resolution. The Public Works Department shall maintain a current list of approved devices.
(Ord. 306 § 2, 1987; Ord. 559 § 1, 2017)
Prior to the installation of any such devices the customer shall submit to the Public Works Director or a designated agent a statement containing the make and model of the device, location and method of installation of such device for approval. Failure to do so may result in the installation of a nonapproved device.
(Ord. 306 § 2, 1987; Ord. 508, 2008; Ord. 559 § 1, 2017)
It shall be the duty of the Director of Public Works or a designated agent at any premises where such devices have been installed to have certified inspections and operational tests made at least once each year. If, in the opinion of the director or a designated agent, a hazard is great enough the Director of Public Works or designated agent may require a certified inspection at more frequent intervals. These inspections and tests shall be done at the City's expense by incorporation in the water service charge identified in the latest on file copy of the Master Schedule of Fees under Public Works, Water Rates. The inspection and tests shall be performed by the device manufacturer's representative, by the City's utility personnel or a certified tester approved by the City. It shall be the duty of the Public Works Department to ensure that these timely tests are made. These devices shall be repaired, overhauled or replaced whenever the devices are found to be defective at the City's expense by incorporation in the water service charge identified in the latest on file copy of the Master Schedule of Fees under Public Works, Water Rates. The records of such tests, repairs or replacements shall be kept by the City.
(Ord. 306 § 2, 1987; Ord. 508, 2008; Ord. 559 § 1, 2017)
An authorized employee of the City shall have reasonable access to any premises supplied with water for the purpose of making inspections of a cross connection control, inspections of the water system and water meters upon such premises. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the City may have all water shut off after service of 24 hours' notice of the intention of the City to do so.
(Ord. 306 § 2, 1987; Ord. 559 § 1, 2017)
The City shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the Water Department. Temporary shutdowns may be made by the Water Department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns.
(Ord. 35 § 158, 1950; Ord. 559 § 1, 2017)
Representatives from the Water Department shall have the right of ingress and egress to the customer premises at reasonable hours for any purposes reasonably connected with the furnishing of water service.
(Ord. 35 § 159, 1950; Ord. 559 § 1, 2017)
A. 
The Water Department reserves the right to install meters on any service where and when it deems such installation is necessary.
B. 
The owner of all houses, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public water distribution system, is required at the owner's expense to connect to the public water distribution system therein, and to connect such facilities in accordance with the provisions of this chapter within 90 days after date of official notice to do so, provided that said public water distribution system is within 200 feet of the property line.
C. 
All water service for buildings and structures constructed after the date of the ordinance codified in this chapter shall be metered. All meter and other installation materials shall conform to the City standards.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
A. 
Building Permit Installation. As a condition to granting any building permit for construction of any new residential and/or commercial structure, the applicant shall be required to install water meter(s). The costs to purchase and install the water meter(s) shall be borne by the building permit applicant.
B. 
Customer Request Installation. A non-metered customer may request a meter installation at any time, provided that he or she pays the City's actual costs for acquisition and installation of the meter. The consumer may not revert back to a flat rate after requesting and obtaining a meter.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
Meters moved for the convenience of the customer will be relocated at the customer's expense. Meters removed to protect the City's property will be moved at the City's expense. If the lateral distance which the customer desires to have the meter moved exceeds eight feet, he or she will be required to pay for new service at the desired location.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
Meters will be read as nearly as possible on the same day of each month. Billing periods containing less than 25 days and more than 35 days for bills rendered monthly, or less than 54 days and more than 66 days for bills rendered bimonthly, will be prorated.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
All meters will be tested prior to installation and no meter will be installed which registers more than two percent fast. If a customer desires to have the meter servicing his or her premises tested, he or she shall first deposit the cost of testing as provided in the user fee schedule established by City resolution; should the meter register more than two percent fast, the deposit will be refunded; but should the meter register less than two percent fast, the deposit will be retained by the Water Department.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
If a meter tested at the request of a customer, pursuant to Section 13.04.260, is more than two percent fast, the excess charges for the time service was rendered to the customer requesting the test, or a period of six months, whichever is less, shall be refunded to the customer.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
If a meter is not registering, the charges for service shall be based on the estimating consumption. Such estimates shall be made from previous consumption for a comparable period or by such other method as is determined by the Water Department in its discretion shall be final.
(Ord. 346, 1991; Ord. 559 § 1, 2017)
Each applicant for water service shall establish and maintain credit to the satisfaction of the Water Department by a cash guarantee deposit all as provided for in Section 13.04.300 before such service will be rendered.
(Ord. 35 § 200, 1950; Ord. 413 § 1, 1995; Ord. 559 § 1, 2017)
The amount of the guarantee deposit required of each applicant for service shall be at least the amount of the monthly charge (rounded up to the nearest dollar). No interest will be paid on such guarantee deposits.
(Ord. 35 § 201, 1950; Ord. 413 § 1, 1995; Ord. 469 § 1, 2003; Ord. 559 § 1, 2017)
Any amount due for water service that remains unpaid for 20 days after presentation of a bill therefor, during the depositor's first year of service, may be deducted from the guarantee deposit, and service shall be subject to discontinuance until the deposit is again restored to the original amount. Any such unpaid amount accruing subsequent to the depositor's first year of service may also be deducted from any guarantee deposit remaining in the Water Department's possession.
(Ord. 35 § 202, 1950; Ord. 413 § 1, 1995; Ord. 559 § 1, 2017)
A guarantee deposit with the Water Department made by a consumer (who owns the premises for which, the deposit was made) and whose account has not been in arrears at any time during one year from the date of the initial deposit shall be returnable after that date. If the service should be discontinued in less than one year regardless of who owns the premises for which, the deposit was made, the deposit will be returned provided that all outstanding bills against the consumer for water service have been paid. Any deposit uncalled for within five years from the date when made will become the property of and be retained by the Water Department.
(Ord. 35 § 203, 1950; Ord. 413 § 1, 1995; Ord. 469 § 2, 2003; Ord. 559 § 1, 2017)
Opening and closing bills for less than the normal billing period shall be prorated both as to minimum charges and quantity blocks. If the total period for which service is rendered is less than one month, the bill shall not be less than the monthly minimum charge applicable. Closing bills may be estimated by the Water Department for the final period as an expediency to permit the customer to pay the closing bill at the time service is discontinued.
(Ord. 35 § 226, 1950; Ord. 559 § 1, 2017)
Bills for public fire protection shall be rendered at the beginning of each billing period. Bills for metered water service shall be rendered at the end of each billing period. All bills are payable upon presentation.
(Ord. 35 § 227, 1950; Ord. 64 § 1, 1952; Ord. 559 § 1, 2017)
Separate bills will be rendered for each meter installation except where the Water Department has, for its own convenience, installed two or more meters in place of one meter. Where such installations are made, the meter readings will be combined for billing purposes.
(Ord. 35 § 228, 1950; Ord. 559 § 1, 2017)
Service other than public fire protection service may be discontinued for nonpayment of bills on or before the 20th day of the month, following the month for which the bill was sent. At least five days prior to such discontinuance the customer will be sent a final notice informing him or her that discontinuance will be enforced if payment is not made within the time specified in the notices. The failure of the City to send or any such person to receive the notice shall not affect the City's power under this title.
(Ord. 35 § 250, 1950; Ord. 559 § 1, 2017)
Pursuant to the applicable provisions of law, including, but not limited to, Government Code Sections 54343, 54346, 54348 and 54350, a reconnection charge established in the user fee schedule may be made and collected prior to renewing service following a discontinuance. In the event, however, a service discontinuance has been effected and following service discontinuance, the owner of the premises and/or occupant thereof takes it upon him or herself to re-effect water service to the premises in violation of Sections 13.20.010 and 13.20.020 of the Live Oak Municipal Code, water service may then be effectively discontinued by severing the water service line into the premises at which point, notwithstanding any provision in this chapter to the contrary, in order to effect a restoration of water service to the premises, the owner and/or occupant of the premises shall pay a meter tampering charge established in the user fee schedule and a penalty charge pursuant to Section 1.17.030.
(Ord. 35 § 252, 1950; Ord. 305 § 1, 1986; Ord. 456 § 1, 2000; Ord. 559 § 1, 2017)
Water service may be refused or discontinued to any premises where apparatus devices or appliances are in use which constitute a nonapproved device, endangers or otherwise disturbs the service to other customers, or otherwise is in violation of the provisions of this chapter.
(Ord. 35 § 253, 1950; Ord. 306 § 3, 1987; Ord. 559 § 1, 2017)
Service may be discontinued for noncompliance with the water regulations set out in this chapter, or any other ordinance or regulation related to the City water service.
(Ord. 35 § 256, 1950; Ord. 306 § 3, 1987; Ord. 559 § 1, 2017)
Rates and charges which are not paid on or before the 20th day of the month following the month for which the charge was made shall be subject to a penalty of 10%, and thereafter shall be subject to a further penalty of two percent per month on the first day of each month following.
(Ord. 35 § 275, 1950; Ord. 559 § 1, 2017)
The property owner shall be additionally responsible for payment of all unpaid utility bills, charges for public fire protection services and other fees owed to the City during the period the premises receiving the service are occupied by the property owner or by a tenant. The City Council authorizes the Finance Director to annually compile a list of all unpaid accounts due to the City and present to the City Council for approval and placement of liens on the property for any unpaid balance. The Finance Director will forward the approved lien list to the County for placement on the tax rolls each fiscal year.
(Ord. 35 § 277, 1950; Ord. 505 § 1, 2007; Ord. 559 § 1, 2017)