A. Each
applicant for water service shall be required to sign an application
form provided by the water department or make application by letter
showing the date of application, location of premises to be served,
mailing address, date applicant desires service, and such other information
as may be required.
B. Each
application shall be accompanied by a deposit in an amount set by
city council resolution. The water clerk is authorized to refund the
deposit if, after one full year, the customer has paid each monthly
water and sewer billing in full and in a timely manner, as determined
by the finance director of the city, or if the customer terminates
service and all of the customer's accounts are paid in full.
(Prior code § 16-106; Ord. 537 § 2, 1977; Ord. 579, 1982; Ord. 647 § 4, 1990)
As the type of business occupying the premises determines the
service rates, responsibility for water service and all other applicable
fees and charges may be assumed by the proprietor of that business;
provided, however, that the owner shall remain liable for those charges
in the event the owner has applied for the service.
(Ord. 579, 1982)
An application for service will not be honored unless payment
in full has been made for water service previously rendered to the
applicant by the city.
(Prior code § 16-107)
The city engineer/director of public works shall have the discretion
to issue a conditional water use and connection permit to the following
premises:
A. Premises
located within the incorporated territory of the city shall have primacy
for water service and shall be eligible for arid may be granted a
conditional water use and connection permit under the following circumstances:
1. The
applicant and all persons with an interest in the premises to be connected
to the water distribution system shall execute an application for
conditional water use and connection permit formulated by the city;
and
2. The
applicant has paid all fees required to be paid; and
3. The
applicant has complied with all other provisions of the Crescent City
Municipal Code and regulations of the public works department; and
4. No
applicant or person with an interest in the premises connected to
the water distribution system shall sell, transfer, assign or otherwise
alienate the conditional water use and connection permit to the premises
for which it was originally granted, for the use of any other premises,
without the express written consent of the city council or its designee.
B. The
city engineer/director of public works shall have the discretion to
issue a conditional water use and connection permit to those premises
located within the urban services area under the following circumstances:
1. Whenever
the city council resolves that the city's water system has more capacity
than is needed to serve city residents and unincorporated water customers
then receiving service; and
2. The
applicant and all persons with an interest in the property to be connected
to the water distribution system shall execute an application for
conditional water use and connection permit formulated by the city;
and
3. The
applicant has paid all fees required to be paid; and
4. All
persons with an interest in the property applying for water service
shall execute the "waiver of the right to protest annexation" formulated
by the city in a form suitable for recordation. To facilitate the
waivers preparation, the applicant shall provide the city with all
documents the public works department requires to ascertain the identity
of all persons having an interest in the property and to ascertain
the identity of the authorized representatives of any business entity
having an interest in the property; and
5. The
applicant shall provide evidence of a valid building permit that unconditionally
authorizes the erection or construction of a residential or nonresidential
structure upon the property; and
6. Does
not require the construction of a water mainline extension unless
such extension is required and is consistent with the neighborhood
water service plan for the area in which the premises is located;
and
7. The
applicant has complied with all other provisions of the Crescent City
Municipal Code and regulations of the public works department; and
8. A
major water user shall not be granted a conditional water use and
connection permit unless the permit is approved by the affirmative
majority vote of the city council members voting (excluding blanks
or abstentions) in a meeting at which a quorum is present; and
9. The
applicant and all persons with an interest in the premises to be connected
to the water distribution system are expressly prohibited from selling,
transferring, assigning or otherwise alienating the conditional water
use and connection permit to the premises for which it was originally
granted to any other premises without the express written consent
of the city.
C. The
city engineer/director of public works shall have the discretion to
issue a conditional water use and connection permit to those premises
located outside the urban services area under the following circumstances:
1. Whenever
the city council resolves that the city's water system has more capacity
than is needed to serve city residents and unincorporated water customers
then receiving service and all anticipated development within the
urban services area; and
2. The
applicant and all persons with an interest in the property to be connected
to the water distribution system shall execute an application for
conditional water use and connection permit formulated by the city;
and
3. The
applicant has paid all fees required to be paid; and
4. All
persons with an interest in the property applying for water service
shall execute the "waiver of the right to protest annexation" formulated
by the city in a form suitable for recordation. To facilitate the
waivers preparation, the applicant shall provide the city with all
documents the public works department requires to ascertain the identity
of all persons having an interest in the property and to ascertain
the identity of the authorized representatives of any business entity
having an interest in the property; and
5. A
residence is situated upon the premises; and
6. Connection
would not require the construction of a main installation or distribution
mainline extension; and
7. The
applicant has complied with all other provisions of the Crescent City
Municipal Code and regulations of the public works department; and
8. The
applicant and all persons with an interest in the premises to be connected
to the water distribution system are expressly prohibited from selling,
transferring, assigning or otherwise alienating the conditional water
use and connection permit to the premises for which it was originally
granted to any other premises without the express written consent
of the city; and
9. The
premises is presently being served by a well that has been verified
as being rendered unsafe from contamination; or
10. The premises was intended to be served by a water well that has an
insufficient water flow to serve its needs that meets the following
criteria:
a. The provision of municipal water to the premises shall not promote
the creation of a subdivision of the parcel proposed to receive water
service,
b. The premises to be served contains no more than one single-family
dwelling which dwelling shall have already been issued a valid building
permit for the residence's erection,
c. There is no other feasible alternative water source to the premises,
d. The need for municipal water service is the result of unintentional
and exceptional circumstances that are not the product of improper
well design, maintenance or any failure to undertake diligent efforts
to pursue the development of a well consistent with the state of the
then-present technology. The applicant shall provide such evidence
to the city as the public work's director requests,
e. The provision of municipal water service must not conflict with any
California or Del Norte County adopted laws, regulations, policies
or standards for the provision of municipal water services outside
the urban services boundary,
f. The applicant is granted encroachment permits and/or easements that
permit the applicant to construct a water service lateral from an
existing main,
g. The service lateral shall not exceed the length of six hundred feet;
11. The premises is located along a main line extension during the term
of an applicable developer reimbursement agreement; or
12. The premises is located within the service area of a community service
district which district has a presently existing water service agreement
directly with the city; or
13. Is the reactivation (but not the transfer of the location) of a previously
existing water service to the premises.
(Ord. 683 § 4, 2000; Ord. 690 § 3, 2001; Ord. 694 § 4, 2003)
Water services will be installed in size and at the location
desired by the applicant where such requests are reasonable. Service
installations will be made only to property abutting on public streets
or to such distribution mains as may be constructed in alleys or rights-of-way
at the convenience of the water department. Services installed in
new subdivisions prior to the construction of streets or in advance
of street improvements, must be accepted by the applicant in the installed
location.
(Prior code § 16-108)
A. Charges
for new services shall be set annually by the city council by resolution
and in no case shall such charges be less than the actual cost to
the city of labor and materials necessary to provide such service.
B. A deposit
shall be required in advance, such deposit to be estimated by the
public works department on request by the water clerk.
C. Applicable
charges shall be those in effect at the time of the actual installation,
not at the time of the estimate or deposit.
(Prior code § 16-109; Ord. 579, 1982)
Mains will be extended to serve new customers under the following
terms and conditions. No main extensions will be made by the city,
except on an approved dedicated street, alley; or recorded easement:
A. Prior
to construction of the main, every applicant for water service shall
enter into a written form agreement for such extension and shall deposit
with the water department an amount equal to ten percent of the estimated
cost of extension, including engineering and administration. The estimated
cost shall be based on the actual size of facilities required to meet
the service demands from that extension; except, that the city reserves
the right to fix the minimum size pipe considered for general use.
Should the water department desire to install facilities greater than
are needed to meet such service demands, the cost of the excess size
of facilities shall be borne by the city. The water department shall
then proceed with plans and specifications and shall solicit and open
bids for the proposed work. On the basis of the approved bid, plus
engineering and administrative costs, the water department shall inform
the applicant as to the cost of the proposed extension. Upon receipt
by the city of an amount which with the original deposit, is equal
to the cost of the work, the water department shall proceed with the
construction of the extension.
B. In
the event that the applicant or applicants fail to deposit the required
funds within sixty days after determination of the cost, the extension
will not be made and no refund of the ten percent deposit will be
made; except, that where actual costs are less than the amount of
such deposit, the city may refund the unused amount.
(Prior code § 16-110(1))
Immediately upon completion of the water extension the water
superintendent shall prorate the entire cost thereof against all lots
or property that may ultimately be benefited by direct connection
to such water extension in proportion to the frontage thereof, or
if the lots be irregular in shape, then in such manner as may, in
the opinion of the water superintendent, provide an equitable distribution
of costs. In no case shall any applicant pay an amount less than the
prorated cost of the extension for the length of his frontage as determined
above. The main extension charges as described in this chapter shall
be in addition to the specified service connection charges.
(Prior code § 16-110(2))
A. The original applicant or applicants shall up to ten years from the date of signing the form agreement be entitled to a refund for each connection made to the extension, based on the prorated cost as determined in Section
13.12.060 for each lot or parcel. The water department may make extensions to facilities constructed under this regulation without obligation to the applicant, and refunds will not be made for services connected to such additional extensions.
B. No
interest shall be paid on or accrue on such deposits for water main
extension. Refunds of the deposit shall be made only if, as and when
water main extension charges are collected from other consumers requiring
service from this water main extension.
(Prior code § 16-110(3))
A. The
city shall have the right and power to contract separately with governmental
agencies, including school districts, for the construction of water
main extensions and for the sale and delivery of water thereto, within
or outside the corporate limits of the city, at times, places and
prices to be fixed and agreed upon by resolution of the council of
the city. In the event of any such contract the city council shall
fix the period within which such governmental agency will be entitled
to a refund for each connection made to the extension. Such refund
shall be based on either:
1. The prorated cost as determined in the manner provided in Section
13.12.060; or
2. Such
other calculations as shall be fixed by resolution of the city council;
providing an equitable distribution of the entire cost of the water
main extension against all lots or property that may ultimately be
benefited by connection to such extension. The area to be benefited
and to share the cost of the main extension shall be designated on
a map or plat and such map or plat shall be attached as an exhibit
to the resolution of the city council fixing the prorated cost of
the extension.
B. Refunds
of the cost incurred and paid by any such governmental agency for
such water main extension shall be made only if, as and when water
main extension charges are collected from other consumers requiring
service from the water main extension involved.
(Prior code § 16-110(4))
Where water main extensions are required for subdivisions, it
will be the responsibility of the owner or subdivider to pay the entire
cost for complete installation of all water facilities required within
the subdivision and for extension of water transmission mains from
the subdivision to the nearest existing main of adequate capacity
for the area to be served. Such transmission mains shall be subject
to all the requirements as set forth in Title 16 and to any and all
modifications and supplements to such regulations. Upon official acceptance
by the city, the city shall assume full ownership, maintenance and
control of such mains.
(Prior code § 16-111)
A. Number
of Services to Separate Premises. Separate premises under single control
or management will be supplied through individual service connections
unless the water department elects otherwise.
B. Service
to Multiple Units. Separate houses, buildings, living or business
quarters on the same premises or on adjoining premises, under a single
control or management, may be served, at the sole discretion of the
public works director, by either of the following methods:
1. Through
separate service connections to each or any unit; provided, that the
pipeline system from each service is independent of the others, and
is not interconnected;
2. Through
a single service connection to the entire premises. The responsibility
for payment of charges for all water furnished to combined units supplied
through a single service connection must be assumed by the applicant.
(Prior code § 16-112; Ord. 647 § 4, 1990)
A. Installation
and Removal. All meters installed shall be located only in and upon
streets, alleys and rights-of-way and easements that have been formally
dedicated and accepted for public use and shall be owned by the city.
This subsection shall not apply to Bauer Redwood Manor Unit
No. 2 in the city.
B. Change
in Location of Meters. Meters moved for the convenience of the customer
will be relocated at the customer's expense.
C. Cost
of Changes in Size of Meter. The cost of changes in size of meter
on existing services will be paid for by the customer.
(Prior code § 16-113)
A. Meters
will be read at regular intervals for the preparation of regular bills,
and as required for the preparation of opening bills, closing bills
and special bills.
B. Should
a monthly billing period contain less than twenty-six or more than
thirty-four days, a pro rata correction will be made. For bimonthly
billing, if the period contains less than fifty-two or more than sixty-eight
days, a pro rata correction will be made.
(Prior code § 16-114 (1); Ord. 579, 1982)
The regular billing period will be monthly or bimonthly at the
option of the water department as authorized by the city manager.
(Prior code § 16-114 (2); Ord. 579, 1982)
A. Opening
bills, closing bills and monthly bills rendered for periods smaller
or greater than normal will be prorated.
B. For
metered service, if actual use is greater than the monthly minimum,
the charge shall be based on actual consumption.
(Prior code § 16-114 (3); Ord. 579, 1982)
A. Periodic
bills are due and payable on presentation. Payment may be made at
the water department's office or to an authorized collector.
B. Closing
bills, if service is to be discontinued, are due and payable on presentation.
Collection will be made at the time of presentation.
C. Water
charges are delinquent twenty days after the date shown on the invoice.
D. When
bills are delinquent, the water department may demand that the full
amount of both delinquent and current bills be paid.
(Prior code § 16-114 (4); Ord. 579, 1982; Ord. 647 § 4, 1990)
Each meter on customer's premises will be considered separately
and the readings of two or more meters will not be combined unless
specifically provided for in the rate schedule, or unless the water
department's operating convenience required the use of more than one
meter, or of a battery of meters. The minimum monthly charge for such
combined meters will be based on the diameter of the total combined
discharge areas of the meters.
(Prior code § 16-114 (5))
A. Meter
Test.
1. Generally.
Prior to installation, each meter will be tested and no meter found
to register more than two percent fast or slow under conditions of
normal operation will be placed in service.
2. On
Customer Request.
a. A customer may, giving not less than one week's notice, request the
water department to test the meter serving his premises.
b. The water department may require the customer to deposit an amount
to cover the reasonable cost of test, such amount to be determined
annually by the city council by resolution.
c. This deposit will be returned if the meter is found to register more
than two percent fast. The customer will be notified, not less than
five days in advance, of the time and place of the test.
d. A customer shall have the right to require the water department to
conduct the test in his presence, or in the presence of his representative.
e. A written report giving the results of the test will be shown to
the customer within ten days after completion of the test.
B. Adjustment
of Bills for Meter Error. When, upon test, a meter is found to be
registering more than two percent fast, under conditions of normal
operations, the water department will refund to the customer the full
amount of the overcharge, based on corrected meter readings for the
period, not exceeding six months, that the meter was in use.
(Prior code § 16-114 (6); Ord. 579, 1982)
The water department may bill the customer for water consumed
while the meter was not registering. The bill will be at the minimum
monthly meter rate or will be computed upon an estimate of consumption
based either upon the customer's prior use during the same season
of the year or upon a reasonable comparison with the use of other
customers receiving the same class of service during the same period
and under similar circumstances and conditions.
(Prior code § 16-114 (7))
A. Nonresidential
Service. Water service may be discontinued if all water charges are
not paid on or before the thirtieth day following the date of invoice.
The water clerk shall cause all water service to the account debtor
to be terminated if any delinquency is not paid on or before ten days
following the mailing of notification to the account debtor of said
delinquency. The finance director may proscribe the manner of giving
notice of delinquency to account debtors.
Water service to all nonresidential locations of water use by
a delinquent-account debtor may be terminated when payment for water
service furnished to any location is not timely made.
B. Residential
Service. Residential water service may only be discontinued in accordance
with the policy adopted by formal resolution of the city council.
(Ord. 647 § 4, 1990; Ord. 818 § 2, 2019)
A. Generally.
Generally the water department may refuse to furnish water and may
discontinue service to any premises where apparatus, appliances or
equipment using water is dangerous, unsafe, or not in conformity with
any laws or ordinances.
B. Ground
Wire Attachments. All individuals or business organizations are forbidden
to attach any ground wire or wires to any plumbing which is or may
be connected to a service connection or main belonging to the water
department; the water department will hold the customer liable for
any damage to its property occasioned by such ground wire attachments.
C. Inspections.
The water department does not assume liability for inspecting apparatus
on the customer's property. The water department does reserve the
right of inspection, however, if there is reason to believe that unsafe
apparatus is in use.
(Prior code § 16-115 (2))
A. The
water department may refuse to furnish water and may discontinue service
to any premises where the demand is greatly in excess of the past
average or seasonal use, and where such excessive demands by one customer
are or may be detrimental or injurious to the service furnished to
other customers.
B. The
water department may refuse to furnish water and may discontinue service
to any premises where excessive demands by one customer will result
in inadequate service to others.
(Prior code § 16-115 (3))
The water department shall have the right to refuse or to discontinue
water service to any premises in order to protect itself against fraud
or abuse. For any water service disconnected for nonpayment of bills,
a reconnection fee as established by city council resolution shall
be charged, and a special deposit equal to double the standard deposit
established by the city council may be required prior to reconnection
of the service. This deposit is refundable as provided by these regulations.
(Prior code § 16-115 (4); Ord. 579, 1982)
The water department may, unless otherwise provided, discontinue
water services to a customer for noncompliance with any of these regulations
if the customer fails to comply with them within five days after receiving
written notice of the water department's intention to discontinue
service. If such noncompliance affects matters of health and safety,
and conditions warrant, the water department may discontinue water
service immediately.
(Prior code § 16-115 (5))
A customer may have his water service discontinued by notifying
in writing the water department reasonably well in advance of the
desired date of discontinuance. He or she will be required to pay
all water charges until the date of such discontinuance.
(Prior code § 16-115 (6))
The water department shall charge such fee as is annually reviewed
and adopted by the city council by resolution for restoring water
service which has been discontinued because of noncompliance with
these rules.
(Prior code § 16-115 (7); Ord. 537 § 3, 1977; Ord. 579, 1982)
A private nonmetered fire protection service connection in three-inch
to ten-inch size will be furnished only if adequate provision is made
to prevent the use of water from such services for purposes other
than fire extinguishing.
(Prior code § 16-116 (1); Ord. 579, 1982)
The applicant will be required to sign an application that will
be furnished upon request.
(Prior code § 16-116 (2))
The applicant will be required to make payment in advance of
the estimated cost of installing the service connection and meter.
(Prior code § 16-116 (3))
A. Water
For Fires. No charge will be made for water used to extinguish accidental
fires.
B. Water
for Fire Storage Tanks. Occasionally water may be obtained from a
private fire service for filling a tank connected with the fire service,
but only if written permission is secured from the water department
in advance and an approved means of measurement is available. The
rates for general use will be applied.
C. Other.
Water lost through leakage or in testing, or used in violation of
the water department's regulations, shall be paid for by the applicant
at double the rate charged for general use.
D. Standby
Water Availability Charge. The applicant will be required to pay a
monthly standby charge as established annually by the city council
by resolution.
(Prior code § 16-116 (4); Ord. 579, 1982)
If water is used from a fire service in violation of the agreement
or of these regulations, the water department may, at its option,
discontinue and remove the service.
(Prior code § 16-116 (5))
The service connection and all equipment appurtenant thereto,
including the meter. shall be the sole property of the water department,
and no part of the cost thereof will be refunded to the applicant.
(Prior code § 16-116 (6))
The water department assumes no responsibility for loss or damage
because of lack of water or pressure and merely agrees to furnish
such quantities and pressures as are available in its general distribution
system. All connections, pumps, tanks, chlorinators or other appurtenances
installed at any point in the line between the meter and the customer's
water outlets shall be the sole responsibility of the property owner,
both as to the original installation and as to the maintenance and
upkeep. Such installations must be approved by the water department.
(Prior code § 16-116 (7))
A. Temporary
service will be furnished in conformity with the general regulations
applicable and as additionally specified in this regulation.
B. Temporary
service connections shall be disconnected and terminated within six
months after installation unless an extension of time is granted in
writing by the water department.
C. The
applicant shall deposit, in advance, the estimated cost of installing
and removing the facilities required to furnish such services. Upon
discontinuance of service the actual cost shall be determined and
an adjustment made as an additional charge, refund or credit.
D. All
facilities for temporary services to the customer connection shall
be made by the water department and shall be operated in accordance
with its instructions.
(Prior code § 16-118)
The rates for regular service shall be applicable for water
used from all temporary services. Where it is not practical to install
a meter, the water consumption may be estimated on a basis agreeable
to both the customer and the water department. The applicant shall
pay the estimated cost of water in advance or shall be otherwise required
to establish credit. The minimum charge for water shall be the minimum
as established annually by the city council by resolution.
(Prior code § 16-119; Ord. 579, 1982)
Fire hydrants will be installed only at the request of an applicant,
whether a private individual or the fire district or fire department
having jurisdiction in the installation area. A deposit will be required
from the applicant as estimated by the director of public works. Upon
completion of the installation, the applicant shall pay any additional
charge necessary to reimburse the city for its full costs of installation
or a refund will be made, whichever is applicable.
(Ord. 579, 1982)
No person, other than those designated and authorized by the
proper authority, or by the water department, shall open any fire
hydrant, attempt to draw water from it or in any manner damage or
tamper with it. Any violation of this regulation will be prosecuted
according to law.
(Prior code § 16-120(1))
If temporary service is supplied through a fire hydrant, a permit
for the use of the hydrant shall be obtained from the proper authority.
It is specifically prohibited to operate the valve of any fire hydrant
other than by the use of a spanner wrench designed for this purpose.
The deposit and rental fee for the hydrant meter shall be established
annually by the city council by resolution; the rates for regular
service shall be applicable for water used through the hydrant.
(Prior code §16-120 (2); Ord. 579, 1982)
When a fire hydrant has been installed in the location specified
by the proper authority, the water department has fulfilled its obligation.
If a property owner or other party desires a change in the size, type
or location of the hydrant, he or she shall bear all costs of such
changes, without refund. Any change in the location of a fire hydrant
must be approved by the proper authority.
(Prior code § 16-120 (3))
There shall be a fire hydrant charge as established annually
by city council resolution. This charge shall be an amount sufficient
to cover the cost of water availability, inspections, maintenance
and a reserve for future hydrant installation and replacement. The
charge per hydrant shall be apportioned among all water system users
within a fire district according to the benefits derived, as established
by the fee schedule set up by the applicable district.
(Prior code § 16-120 (4); Ord. 579, 1982)
The customer shall, at his own risk and expense, furnish, install
and keep in good and safe condition all equipment that may be required
for receiving, controlling, applying and utilizing water, and the
city shall not be responsible for any loss or damage caused by the
improper installation of such water equipment, or the negligence,
want of proper care or wrongful act of the customer or of any of his
tenants, agents, employees, contractors, licensees or permittees in
installing, maintaining, using, operating, or interfering with such
equipment. The city shall not be responsible for damage to property
caused by spigots, faucets, valves and other equipment that are open
when water is turned on at the meter, either when water is turned
on originally, or when turned on after a temporary shutdown.
(Prior code § 16-121 (1))
The customer shall be liable for any damage to a meter or other
equipment or property owned by the city which is caused by an act
of the customer or his tenants, agents, employees, contractors, licensees
or permittees, including the breaking or destruction of locks by the
customer or others on or near a meter, and any damage to a meter that
may result from hot water or steam from a boiler or heater on the
customer's premises. The city shall be reimbursed by the customer
for any such damage promptly on presentation of a bill.
(Prior code § 16-121 (2))
A. The
customer shall install a suitable valve, as close to the meter location
as practicable, the operation of which will control the entire water
supply from service.
B. The
operation by the customer of the curb stop in the meter box is not
permitted. This provision will also apply where no meter is installed.
(Prior code § 16-122)
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 shut-downs 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 shut-downs.
(Prior code § 16-124)
Representatives from the water department shall have the right
of ingress and egress to the customer's premises at reasonable hours
for any purpose reasonably connected with the furnishing of water
service.
(Prior code § 16-125)