The use of all water obtained by or through the distribution facilities of the City shall be governed and controlled by the provisions of this chapter.
(Ord. 4558, 1989)
Property owners are required to repair water pipes, faucets, valves, plumbing fixtures, irrigation systems, or any other devices, to eliminate leaks and prevent waste of water. Upon reasonable notice or attempted notice to the occupant, the City may, but has no duty to, temporarily shut off service to any lot where the City reasonably believes there is a leak or other plumbing failure that is resulting in waste of water as demonstrated by water flowing off the property, excessive flow through the meter, or other facts indicating a leak or other plumbing failure. The City shall post a notice on the property stating that the service has been temporarily shut off to prevent further waste of water and advising the customer how to contact the City for restoration of service. Service will be restored upon determination by the Director that the condition that resulted in the disconnection has been corrected. The City will not charge a service fee for temporary shut off or restoration of service.
(Prior code §44.30; Ord. 2931 §2, 1963; Ord. 5847, 2018)
No person shall operate, tamper with, connect to, damage, or modify in any manner any meter, valve, pipe, pump, or other component of the City water system unless the person has obtained a written permit from the Director issued in accordance with this title. This section does not apply to work by City employees or contractors in the performance of their official duties.
(Prior code §44.34; Ord. 2931 §2, 1963; Ord. 5847, 2018)
No person shall place upon or about a fire hydrant, curbcock, meter, valve, pump, water gate, or other City water facility any vegetation, object, material, debris or structure of any kind that obstructs or prevents free access by City employees or contractors. The City may remove any vegetation, object, material, debris, or structure placed in violation of this section.
(Prior code §44.42; Ord. 2931 §2, 1963; Ord. 5847, 2018)
In case of fire, consumers shall be required to shut off all irrigation or any steady flow of water being used when the fighting of any fire reasonably necessitates the same.
(Prior code §44.43; Ord. 2931 §2, 1963)
Any duly authorized representative of the City shall at all times have the right of ingress to and egress from any water meter located upon a consumer's premises by way of such easement, license or right-of-way, if any, as the City may own and for such purposes as are permitted by the easement, license or right-of-way.
(Prior code §44.44; Ord. 2931 §2, 1963; Ord. 4250, 1984; Ord. 4558, 1989)
Where a water meter is placed inside the premises of a consumer, provision shall be made for convenient meter reading and repairing by representatives of the City, for shutting off or turning on water service, and for installation or removal of flow restricters.
(Prior code §44.45; Ord. 2931 §2, 1963; Ord. 4250, 1984; Ord. 4558, 1989)
The City reserves the right to shut off the water from any premises, or from any part of the distribution system, as long as necessary, without notice to the consumer, at any time when the exigencies of the occasion may require it; but in all cases of extension or connections the Department shall notify consumers of the necessity of shutting off water and the probable length of time the water shall be shut off before taking such action.
(Prior code §44.46; Ord. 2931 §2, 1963)
The City shall have the right to shut off water service to meters restricted to irrigation uses temporarily and as necessary to determine that the use of such meters is limited to irrigation. Any person applying for service through a meter restricted to irrigation uses shall be informed of such conditions of use at the time he or she applies for such a meter.
(Ord. 4558, 1989)
Except as otherwise provided in this title or as specifically authorized by the Director, water received from or through a meter may be used only on and for the property served by that meter.
(Ord. 4558, 1989)
No stationary steam boiler shall be connected directly with the water distribution system of the City but in each and every case, a suitable tank of storage capacity, sufficient for 12 hours supply for such boiler, shall be provided and the service pipe supplying such tank shall discharge directly into the top of such tank.
(Prior code §44.47; Ord. 2931 §2, 1963)
It is unlawful:
A. 
For a person or entity that is not an Account Holder to use water through a Meter, unless such person or entity is authorized by agreement with the Account Holder to use such water through such Meter;
B. 
For a person or entity to use water from a fire hydrant, except as authorized by a permit issued by the Public Works Director;
C. 
For a person or entity to use water from a dedicated fireline except in response to a fire or in the minimum amount needed to perform maintenance of such fireline, or as authorized by the Public Works Director;
D. 
For a person or entity to use water from a Connection that does not have a Meter, except as expressly authorized by the Public Works Director;
E. 
For a person or entity to use water from a Meter for which there is no active Account Holder; and
F. 
For any person or entity to remove a Meter from a Water Service, except as authorized by the Public Works Director.
(Ord. 5653, 2014)
When a meter shows a consumption of water after service has been officially discontinued, the owner of the property served shall be held responsible for such consumption, in addition to which he or she shall pay to the City a service restoration fee and the water shall not again be turned on for either owner or tenant until such illegal consumption has been fully paid for.
(Prior code §44.50; Ord. 2931 §2, 1963; Ord. 4250, 1984)
A. 
After water service has been discontinued to any premises, it shall not be restored except by the Department. Service may not be restored until a written application signed by the account holder, upon forms furnished by the Department, has been filed with the Department and approved by the Director.
B. 
The Director may approve a service restoration upon the Director's determination that the connection complies with the requirements of this chapter and the applicant has paid all required reconnection fees in an amount established by City Council resolution.
(Prior code §44.51; Ord. 2931 §2, 1963; Ord. 4250, 1984; Ord. 5847, 2018)
A. 
Water shortage conditions. A Stage One Water Shortage Condition, a Stage Two Water Shortage Condition and a Stage Three Water Shortage Condition are defined as short-term conditions declared by resolution of the City Council upon being advised by staff that projected water supply conditions warrant response measures consistent with those associated with corresponding stages in the City's adopted Water Shortage Contingency Plan. The Council resolution may identify and refer to such short-term conditions in terms or titles specific to the current water shortage.
B. 
Regulations during water shortage conditions. Upon adoption by the City Council of a resolution declaring a Stage One Water Shortage Condition, a Stage Two Water Shortage Condition or a Stage Three Water Shortage Condition, or such other titles as may be selected by Council pursuant to subsection A, the City Council may adopt a resolution containing such rules and regulations as necessary to restrict and regulate use of water from the City's water supply system in order to protect the public health and safety. Failure of any person or entity to comply with such rules and regulations as adopted by resolution of the City Council is a violation of this code subject to the remedies and penalties provided herein and as provided by Chapter 1.28 and as otherwise provided by law.
C. 
Exemptions. Exemptions to the water use regulations set forth by City Council resolution during a declared Stage One, Stage Two or Stage Three Water Shortage Condition may be granted by the Public Works Director for specific uses of water on the basis of factually demonstrated need or undue hardship and in accordance with guidelines for exemptions as may be determined by the Public Works Director. If the Public Works Director denies a request for an exemption for a specific water use, a written request for reconsideration may be made to the Board of Water Commissioners. The decision of the Water Commission shall be final.
D. 
Upon the declaration of and during a Water Shortage Condition, the failure of a mobilehome park owner to introduce water into a swimming pool or spa located in a mobilehome park, in accordance with the City Council resolution, shall not be considered an increase in "rent" for purposes of Municipal Code Section 26.08.030.N.
(Ord. 4558, 1989; Ord. 5653, 2014)
A. 
Any failure to comply with a provision of this chapter shall constitute a violation of this code, regardless of whether the failure to comply is caused by an Account Holder, a Consumer or any other person or entity.
B. 
Where the failure to comply with this chapter is continuing and reasonably preventable by the person or entity failing to comply, each successive hour of such failure to comply shall be a separate and distinct violation.
(Ord. 4558, 1989; Ord. 5653, 2014)
A. 
In addition to the penalties and other methods of enforcement provided in Chapter 1.28, the following penalties may also be applied to any violation of any provision of this chapter:
1. 
For the first violation within the preceding 12 calendar months, the Director shall issue a written notice of the fact of such violation.
2. 
For a second violation within the preceding 12 calendar months, the Director shall impose a penalty on the bill of the Account Holder for the property where the violation occurred or is occurring, in an amount not to exceed $250.00.
3. 
For a third violation within the preceding 12 calendar months, the Director:
a. 
Shall impose a penalty on the bill of the Account Holder for the property where the violation occurred or is occurring, in an amount not to exceed $250.00; and
b. 
May install a flow restricter on the service where the violation occurred or is occurring, for a period to be determined by the Director.
4. 
For a fourth and any subsequent violation within the preceding 12 calendar months, the Director:
a. 
Shall impose a penalty on the bill of the Account Holder for the property where the violation occurred or is occurring, in an amount not to exceed $250.00; and
b. 
May install a flow restricter on or shut off water service to the property where the violation occurred or is occurring, for a period to be determined by the Director.
B. 
If a flow restricter is installed or water service shut off pursuant to subsection A of this section, prior to restoration of normal water service the Account Holder whose service is affected shall be required to reimburse the City for all costs it has incurred and will incur in installing and removing a flow restricter and in shutting off and turning on water service.
C. 
Any penalty imposed pursuant to this section shall be added to the account of the Account Holder for the property where the violation occurred or is occurring and shall be due and payable on the same terms and subject to the same conditions as any other charge for regular water service.
(Ord. 4558, 1989; Ord. 5653, 2014)
A. 
For each violation of this chapter, the Director shall give notice as follows:
1. 
By sending written notice through the U.S. mail to the Account Holder for the property where the violation occurred or is occurring, at the current billing address shown in the City's water billing records; and
2. 
By personally giving written notice thereof to the person who committed the violation or by leaving written notice with some person of suitable age and discretion at the property where the violation occurred or is occurring; or
3. 
If neither the person who committed the violation nor a person of suitable age and discretion can be found, then by affixing written notice in a conspicuous place on the property where the violation occurred or is occurring.
B. 
Any written notice given under this section shall contain a statement of:
1. 
The time, place and nature of the violation;
2. 
The person(s) committing the violation, if known;
3. 
The provision(s) of this chapter violated;
4. 
The possible penalties for each violation;
5. 
The Account Holder's right to request a hearing on the violation and the time within which such a request must be made; and
6. 
The Account Holder's loss of the right to a hearing in the event the Account Holder fails to request a hearing within the time required.
C. 
Any Account Holder provided a notice of violation in accordance with the provisions of this chapter shall have the right to request a hearing. The request must be made in writing and must be received by the Director within 10 calendar days of the date of the notice of violation. The Director shall conduct the hearing, at which both written and oral evidence may be presented, and shall decide whether a violation occurred and the appropriate penalty. In determining the appropriate penalty, the Director shall consider whether the Account Holder knew of the violation at the time it occurred and whether he or she took reasonable action to correct the violation upon notification of it. In addition, the Director shall exercise his or her discretion in accordance with such guidelines as the City Council may adopt by resolution.
1. 
For a first, second or third violation within a 12 month period, the decision of the Director shall be final.
2. 
For a fourth or subsequent violation within a 12 month period, the Account Holder shall have the right to appeal the decision of the Director by requesting a hearing before the Board of Water Commissioners ("Board"). The request for hearing before the Board shall be in writing and shall be delivered to the Director not later than seven calendar days after the date of the decision of the Director. At the hearing, the Board may receive and hear both written and oral evidence and shall have the authority to affirm, reverse, or modify the decision of the Director. The decision of the Board shall be final.
D. 
If an Account Holder fails to request a hearing before the Director or the Board within the period(s) provided in this section, the action of the Director shall be deemed final.
E. 
Water service shall not be shut off until a notice of violation has become final or there is a final decision of the Director or the Board ordering the shut-off of water service.
(Ord. 4558, 1989; Ord. 5653, 2014)