Note: § 14.12.080 repealed by Ord. 2709-6/84.
A.
Commercial or Industrial. For uses zoned commercial or industrial,
the Public Works Department, as a condition to granting the application
and furnishing water service to the premises, is authorized to charge
and shall collect in advance the following sums for the purpose of
reimbursing the City for the cost of the system and future replacements
and extensions thereof:
1.
The
sum of $60.00 for each usable unit on parcels containing less than
10,000 square feet. A "usable unit" shall be each residential quarter
in hotels and motels.
2.
For any parcel containing 10,000 square feet of area or more, $300.00 per acre or fraction thereof, or $60.00 per usable unit, whichever is greater. A "usable unit" shall be any unit defined in paragraph 1 of this subsection A. The charge of $300.00 per acre shall apply to all commercial and manufacturing developments.
3.
Those areas served by a water main constructed and charged as determined by another ordinance or executed agreement may be exempt from the usable unit charge in paragraph 1 of this subsection A if said other ordinance or agreement charge is greater than the charge per said paragraph 1.
4.
All
necessary service fees established by the City shall be deposited
with the City prior to approval of the final subdivision map or issuance
of a building permit if a subdivision map is not required.
B.
Non-Commercial and Non-Industrial. For uses zoned other than
commercial or industrial, the Public Works Department, as a condition
to granting the application and furnishing water service to the premises,
is authorized to charge and shall collect in advance the Capital Facilities
Charge for the purpose of reimbursing the City for the cost of the
system and future replacements and extensions thereof. The Capital
Facilities Charge is based on the number of equivalent dwelling units
based on meter size, or the actual number of dwelling units, whichever
is greater, of existing facilities or the proposed expansion facilities,
which shall be set by a resolution of the City Council. All monies
collected as the Capital Facilities Charge shall be used for water
projects that are consistent with the goals and objectives of the
Water Master Plan but which projects are specifically identified in
a resolution, and any amendment thereto, adopted by the City Council.
(674-12/57, 723-6/59, 1001-10/63, 1100-12/64, 2022-1/76,
2535-3/82, 3302-11/95, 3496-5/01, 3743-8/06; 3970-3/13; 4104-12/16)
In addition to the fee set forth in Section 14.12.010(A), the Water Department shall charge and collect in advance the following amount for the installation of water connections and meters: a sum equal to the actual cost of labor and material in laying such service line, including the cost of the meters, the cost of replacing pavement, plus 15% for overhead. The cost of such installation shall be estimated by the Water Department, and such estimated cost shall be paid by the applicant to the Water Department before the work of connecting the main with the property is commenced. Whenever the estimated cost is not sufficient to cover the total expense for labor, material, meters and overhead, the deficit shall be charged to the property for which such installation was made and paid by the owner thereof. Any excess payment shall be returned to the person applying for installation.
(674-12/57, 1996-8/75)
The Water Superintendent may in his or her discretion authorize
an applicant to make the installation at applicant's own cost, and
in conformity with the specifications set forth by the Water Department.
(674-12/57)
A.
Pursuant
to California Health & Safety Code Section 5470 et seq., including
Sections 5471 and 5474, the City is authorized to adopt rates and
charges for the acquisition, construction, reconstruction, maintenance,
and operation of water facilities. This chapter is intended to ensure
that sufficient revenues are collected to adequately acquire, construct,
reconstruct, maintain, and operate the City's needed water facilities.
By imposing a Water Meter Rate, a Water Commodity Rate, and a Capital
Facility Charge that are reasonably related to the burdens imposed
upon the water facilities by water service customers, the City will
be able to acquire and/or construct the required capital improvements
to the water facilities to maintain and improve water facilities.
B.
The
City shall charge a Water Meter Rate and a Water Commodity Rate. The
Water Meter Rate shall be charged based upon the size of the water
meter, or the number of dwelling units the meter serves. The Water
Commodity Rate shall be a water consumption charge for each 100 cubic
feet of water delivered. The Water Meter Rate and Water Commodity
Rate shall be set by a Resolution adopted by a two-thirds vote of
the members of the City Council. Both Rates shall be further defined
in the Resolutions establishing the Rates. Both Rates shall be charged
and collected monthly. No Resolution may be adopted except in compliance
with Section 6 of Article XIIID of the California Constitution and
the majority protest provisions of Government Code Sections 53755
and 53756.
C.
The
City may charge a Capital Surcharge based upon the size of the water
meter, or the number of dwelling units the meter serves. The Capital
Surcharge shall be set by a Resolution adopted by a two-thirds vote
of the members of the City Council. The Surcharge shall be charged
and collected monthly. All monies collected by the Capital Surcharge
shall be used for water projects that are consistent with the goals
and objectives of the Water Master Plan adopted by the City Council.
D.
As
part of the Resolutions establishing the Water Meter Rate, any Capital
Surcharge, and the Water Commodity Rate, the City Council may include
a schedule of adjustments, effective July 1 of each year, for up to
five years. The adjustments may include an annual percentage adjustment
reflecting the increase in the Consumer Price Index for all Urban
Consumers ("CPIU") in Los Angeles, Orange and Riverside Counties established
by the U.S. Bureau of Labor Statistics. Notice of any adjustment to
the Water Meter Rate and any Capital Surcharge shall be provided by
way of an insert in the monthly City water and sewer bill at least
30 days before the effective date of the Rate and Surcharge adjustment.
E.
The
Water Commodity Rate shall be adjusted annually, effective July 1
of each year to reflect the increase to the cost to the City of well
water from the Orange County Water District, and the cost of water
from the Municipal Water District of Orange County. Notice of any
adjustment to the Water Commodity Rate shall be provided by way of
an insert in the City monthly water and sewer bill at least 30 days
before the effective date of the rate adjustment.
F.
Neither
the Water Meter Rate, the Capital Surcharge, nor the Water Commodity
Rate shall exceed the reasonable cost of providing the services, facilities
or regulatory activity for which the rates or charges are imposed.
G.
Pursuant
to Health & Safety Code Section 5472, any person may pay under
protest the Water Meter Rate, Capital Surcharge, and/or Water Commodity
Rate, and bring an action against the City in the Orange County Superior
Court to recover money which the City refuses to refund. Any protest
shall be filed with the City Clerk no later than prior to or concurrently
with the date the payment of the rate(s) and/or surcharge are due.
(674-12/57, 751-4/60, 892-4/62, 1100-12/64, 1217-7/66,
1343-A-8/67, 1344-9/67, 1901-4/74, 1996-8/75, 2205-7/77, 2218-11/77,
2709-6/84, 2826-5/86, 2948-8/88, 3119-7/91, 3302-11/95, 3496-5/01,
3743-8/06, 3795-1/08, 4073-12/15, 4157-5/18)
A.
It
shall be the policy of the City that a balanced budget shall be maintained
for the Water Fund. Pursuant to Section 602 of the Charter of the
City of Huntington Beach, the City Manager shall be required to submit
said Water Fund budget in a balanced condition to the City Council,
together with the other budget submittals. For the purpose of this
section, "balanced budget" shall mean that total appropriations for
operating expenses do not exceed total estimated revenues in the annual
budget of the Water Fund. Use of Water Fund reserves shall follow
established financial policies as adopted in the annual budget.
B.
Operating
expenses shall include appropriations for the depreciation cost of
those capital improvements customarily provided for in the operating
budget and in accordance with generally accepted accounting principles.
Revenues shall exclude bond proceeds, if any, but include interest
earnings and other nonoperating revenue in accordance with generally
accepted accounting principles.
(2709-6/84, 4073-12/15)
All construction water shall be taken from existing outlets
designated by the Water Department or from special outlets installed
at the expense of the consumer. If in the determination of the Water
Department, the setting of a meter is impracticable or uneconomical
for the supply of construction water, the charge for such unmetered
water shall be set by a resolution of the City Council.
(674-12/57, 792-10/60, 1996-8/75, 2535-3/82, 2709-6/84,
2948-8/88)
Water used for any purpose not hereinbefore enumerated, or for
schools, hospitals and similar uses, shall be furnished and charged
for either at meter rates or at a special rate to be fixed by the
City Council under separate agreement with the consumer.
(674-12/57)
The monthly rate for private fire service protection shall be
set by a resolution of the City Council.
(674-12/57, 751-4/60, 2948-8/88)
A.
All
applications for water must be made out on forms provided by the Water
Department and must be signed by the applicant or his or her agent.
B.
All
applicants must deposit with the Water Department a fee established
by resolution of the City Council as a guarantee that all water bills,
fines and penalties shall be paid by the applicant. The City Treasurer
shall waive the deposit upon a showing of creditworthiness by the
applicant as determined by the City.
C.
The
deposit shall be returned to the applicant, without interest, at the
time water service is discontinued provided that applicant has not
left unpaid any water bill, fine or penalty. Such unpaid water bill,
fine or penalty shall be deducted from the applicant's deposit and
the balance thereof, if any, shall be refunded to the applicant at
his or her last known address.
(674-12/57, 2020-12/75, 2508-11/81, 3404-10/98)
A.
No
charge shall be made for the transfer due to change of ownership or
occupancy.
B.
Where
the owner or occupant requests temporary turnoff of water service,
a charge of five dollars shall be made for restoring the water service
to the premises.
(697-12/57, 1996-8/75)
Whenever the distribution line of the municipal water system
shall be duly connected with the premises of any person, and the water
turned on such premises, the charge for water shall be a charge against
the person in possession of the premises who used the water, and the
charges shall continue so long as the water is turned on to the premises,
whether the same is actually used or not.
(674-12/57)
A.
All
water bills are due upon presentation and are payable at the Office
of the Treasurer of the City of Huntington Beach, or in a method and
at locations designated by the City Treasurer. Bills are deemed presented
if (1) addressed to the water customer at the address shown on the
records of the City Treasurer and deposited with the United States
mail service, postage prepaid; or (2) the statement or notice of the
statement is sent electronically to the customer using e-mail or another
approved format that has been authorized by the customer in the records
of the City Treasurer. Accounts which remain unpaid 30 days following
presentation of the bill, or unpaid after the due date and time on
the statement, whichever is earlier, are delinquent. All delinquent
accounts shall be charged a late fee as set by a resolution of the
City Council to recover billing and mailing costs. A delinquent notice
shall be delivered to each delinquent account (by mail or electronically)
specifying a date by which full payment is due to avoid shut-off of
water service. Said notice shall include a late fee, as set by resolution
of the City Council, imposed to recover costs associated with the
delinquent notice.
B.
Water
service for delinquent accounts shall be shut off until all outstanding
bills, fees, utility taxes and penalties have been paid. When the
supply of water has been shut off for nonpayment or a violation of
any ordinance or of any rule or regulation, service shall not be resumed
until a turn-on fee, as set by resolution of the City Council, and
all delinquent balances have been paid.
(674-12/57, 1996-8/75, 2400-11/79, 2589-1/83, 3905-1/11)
Whenever a consumer shall vacate any premises, he or she shall immediately give written notice thereof to the Water Department. Upon the receipt of such notice, the department shall read the water meter, shut off the water from the premises and immediately present the consumer all unpaid bills for water furnished by the City to him or her up to that time. Thereupon the consumer shall pay said bills to the Water Department. In the event that the consumer shall have made a deposit with the department, as required in Section 14.12.090, the balance, if any, of such deposit shall be returned to the consumer after deducting therefrom the amount of said bills. Until such notice and payments shall have been made, the premises shall be deemed occupied by the consumer and his or her liability continued.
(674-12/57)
Failure to receive mail will not be recognized as a valid excuse
for failure to pay water rates when due. Change in occupancy of property
supplied with City water, and changes in mailing addresses of consumers
of City water must be filed in writing at the Water Department on
forms provided for that purpose.
(674-12/57)
Each owner or occupant of any premises previously connected with the City water system desiring to renew the use of water shall make application for renewal of water service and upon payment of all unpaid charges, if any, together with any turn-on charge imposed by Section 14.12.100, the water will be turned on.
(674-12/57)
