For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"City"
means the city of Lathrop.
"City clerk"
means secretary to the city.
"City manager"
means manager of the city of Lathrop.
"Commercial"
means viewed with regard to or designed for profit, emphasizing skills and services useful in business.
"Consumer"
means any person, be they an owner or otherwise, who uses or consumes water supplied by the city.
"Council"
means the city council of the city of Lathrop.
"Dwelling unit"
means a house, or a room, or suite of rooms in an apartment house, or in a duplex/triplex/quadruplex, occupied or vacant, which is intended or designed for occupation by one family for living or sleeping purposes.
"Governmental agency"
means an agency which exercises authority and performs functions of a political unit responsible for the direction and supervision of public business and affairs.
"Industrial"
means characterized by uniquely developed industries engaged/employed in industrial production or service designed for profit.
"Owner"
means that person or entity identified by the tax rolls of the county as the holder of the legal title to the property being served by the city.
"Professional"
means following a profession for gain or livelihood.
"Public works director"
means the city engineer, or the city official, or his or her duly authorized agent, responsible for the implementation of this chapter, including, but not limited to, the duly appointed manager of the city water system.
"Residential"
means any use not otherwise defined in this section.
(Prior code § 53.01; Ord. 25-476, 12/8/2025)
The management, control and care of the water system of the city shall be vested in the public works director, subject to the approval and under the general direction of the council.
(Prior code § 53.02)
A. 
Water from the water system shall be delivered to the consumers thereof both inside and outside the corporate limits of the city in accordance with the terms of this chapter and not otherwise. The city will furnish the services complete from its main water line to the property line. The owner shall furnish and install all piping on the owner's premises, including a shut-off valve, to the city's connection. In case of metered services, the city will furnish all meters from five-eighths inch to one inch in diameter, inclusive, and said meters shall be maintained by the city after installation.
B. 
If a meter larger than one inch is required, it must be a type approved by the public works director, and include a meter box and steel cover, and must be installed and paid for by the owner/consumer. A valve must be installed on the outlet side of all meters. Such meters must be maintained by the owner/consumer, at his or her cost, to assure proper working conditions.
(Prior code § 53.03)
A. 
No water distribution system shall be so connected so as to contaminate the city's water supply either by cross-connection or otherwise. All water service installations shall have an independent gate valve installed prior to connection to the building or the structure.
B. 
Each dwelling unit must have a separate service from one city line and shall be separately charged, except for when two or more existing dwelling units under the same ownership are on the same lot or parcel of land, an exception will be made to allow connection to the same meter, provided the meter is of adequate size to service the dwelling units and does not create a problem. Each separate dwelling unit or business establishment located on the same lot or parcel of land shall be charged separately at the rate determined by the schedule of water rates.
C. 
No service shall be disconnected on a Friday, Saturday, Sunday, legal holiday or anytime the business offices of the city are not open to the public.
D. 
Consumers shall not waste water or use water to excess. The city shall have the right, through its authorized staff representative, after first notifying the owner/consumer of the waste or excessive use of water to penalize the consumer according to the provisions of Sections 13.08.010 through 13.08.290. The owner/consumer has the right to appeal the penalty fine. If waste continues, termination of water service will result.
E. 
Water used for any type of irrigation or sprinkling must be turned off immediately upon failure or discontinuance of the electrical power normally provided for furnishing regular water service, and shall not be turned on, or used for any type of irrigation or sprinkling until normal electrical energy or power shall have been restored.
F. 
No person shall supply water in any way for use outside the premises to which the service is assigned, except by special consent of the public works director.
G. 
No person shall supply water for resale, in any way, for use outside the premises to which the service is assigned except by permission of the public works director.
H. 
The connection fees and schedule of water rates adopted by the city will be charged against vacant or untenanted buildings unless a written request for discontinuance of service is made by the owner of the premises to the public works director. Owners of property shall be responsible for the cost of all water used on the premises owned by them.
I. 
All consumers must keep their service pipes and connections in good repair at their own expense, and will be held liable for damages which result from their failure to do so. When leaky faucets and/or fixtures are discovered, they must be immediately repaired. Failure to immediately repair such leaks may result in a penalty in accordance with the penalty provisions of this title.
J. 
Access by the city to service connections and water meters must be provided at all times. A city inspector or other authorized employee of the city shall be admitted at all reasonable hours to all parts of any premises supplied with water, except the interior of dwellings, but including the meter box, to see that the regulations contained in this chapter are observed.
K. 
It shall be unlawful for any person to interfere with the city's service lines, valves or meters or to construct a bypass around a meter or service.
L. 
All sprinkler systems installed for the irrigation of lawns, gardens and flower beds shall be so designed and installed so that water shall not be sprayed, or permitted to be sprayed, over or upon a paved or unpaved sidewalk, nor will portable sprinklers be permitted on the sidewalk.
M. 
No connection of any kind shall be made to the city's water system where a well or some other outside water source is present until an approved back flow prevention device has been installed on the private water line served by the city's water line or main.
N. 
All water mains or water lines, other than individual service lines, shall be located in an exclusive easement dedicated to the city, which easement shall be located 10 feet behind the property line bordering on the public street or right-of-way. All water mains or water lines, other than individual service lines to be located in exclusive easements, shall be located on the east side in north/south easements and on the north side on east/west easements.
(Prior code § 53.04)
The public works director is empowered to make interpretations of this title regarding the necessity, type, manner or method in which materials or meters shall be installed. Interpretations may be appealed by the owner/consumer to the council. Interpretations and appeals shall be in writing and a copy thereof filed in the city's office.
(Prior code § 53.05)
Water from the city water system may be delivered to consumers outside the boundaries of the city as herein provided. No water service extension shall be made outside the corporate limits except by written agreement between the city and the owner/consumer, and shall be in compliance with all county zoning ordinances. If pursuant to such an agreement, the city installs such water service extension, all costs of installation, plus 20% shall be charged to the owner/consumer. If the owner/consumer plans private installation, the size, type and quality of materials and location of mains shall be specified by the public works director, and the plans therefor shall, prior to commencement of installation, have been approved by the public works director. The installation construction shall be performed by a licensed contractor, approved by the public works director.
(Prior code § 53.07)
A. 
When it has been determined that work within and without the city shall be contracted out, or put out to bid, the public works director shall prepare the standard specifications the city expects from the contractor and/or subcontractor, including, but not limited to, statements of work; period of performance; site inspection; excavation and backfill; base material; forms; reinforcement and concrete; curing; plans; specifications; profiles and modifications; and performance and acceptance. Any contractor and/or subcontractor shall comply with all state and county laws, ordinances, rules and regulations pertaining to the cutting of pavement, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the department having jurisdiction prior to the issuance of consent to proceed by the public works director.
B. 
Prior to accepting any work, and prior to the use thereof, the work shall be tested and shall be complete in full compliance with all requirements of the city's standard specifications and to the satisfaction of the public works director. Final payment will be made upon acceptance of the work performed, as ordered by the city council.
(Prior code § 53.08)
This title is not intended to and shall not be construed or given effect in a manner that imposes upon the city within or without the city any duty of care so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Prior code § 53.09)
No person shall be allowed to use water out of a fire hydrant for any purpose other than for fire protection purposes without the written consent of the public works director and the fire chief. The public works director shall determine the charge for any such use. The fire hydrant located at the city's yard will be available for public use with the written consent of the public works director. Any water, taken from any other fire hydrant, except with the written consent of the public works director, or for fire protection purposes, will result in the assessment of a penalty as provided in this penalty provisions of this title.
(Prior code § 53.11)
A. 
Service Connection Fees. Service connection fees shall be established from time to time by the city council by resolution. Such fees shall be paid by the owner/consumer for all new service connections prior to the time of connection and for any change in type or size prior to the time of change. Additionally, when a change in use creates an increased need for fire flow, the owner/consumer shall pay for the increased need prior to such change in use.
B. 
Advance Deposit. Prior to the installation of a new service connection, or any change in type or size, or change in use of the premises, the owner/consumer shall deposit with the city a sum equal to the applicable charge set forth in the council's resolution, plus $100 advance deposit against the cost of installation. Upon completion of the installation, the city shall determine its cost of installation and shall refund that portion of the one hundred dollar ($100.00) advance deposit which exceeds the cost, or bill the owner/consumer for any cost in excess of the one hundred dollar ($100.00) advance deposit.
(Ord. 91-59)
A. 
Capacity Requirement. Prior to city's final approval of improvement plans, authorization of any water service connection, issuance of a building permit, or issuance of a final inspection certificate for development, the applicant shall acquire or secure sufficient allocated water capacity for the property based on projected demand, as calculated by the city engineer. The applicant shall pay all connection fees, capacity fees, and reimbursements determined by recorded consumption volumes or estimated capacity needs, calculated by the city engineer in accordance with the city's then-applicable Fee Schedule, City Standards, implementing resolutions, and city regulations. No permit or certificate described in this subsection shall be issued until such fees are paid and adequate allocated water capacity is acquired or secured.
B. 
Monitoring, Audits, and Records. The city may monitor and audit metered consumption and other records at any time to determine average daily use and confirm compliance with allocated capacity. The city may require submittal of usage records, meter readings, or other data reasonably necessary to implement this section. The city may inspect meters and service connections during normal business hours, or at other reasonable times to verify actual consumption.
C. 
Exceedance, Mandatory Acquisition, and Cure Period. Any water use that causes average daily use to exceed the property's allocated capacity is a violation of this chapter. Upon written notice of violation, the property owner shall, within 30 calendar days, either:
1. 
Secure sufficient additional allocated capacity to eliminate the violation by purchasing city-owned capacity or securing an approved private capacity transfer as allowed under subsection D; or
2. 
Reduce average daily use to at or below allocated capacity through operational changes or other means acceptable under this title.
If the applicant demonstrates to the satisfaction of the city engineer that additional capacity cannot be procured within the 30-day period despite good-faith efforts, the city engineer may grant a limited-time extension to allow the city sufficient time to make capacity available for purchase. The extension is not automatic and is subject to approval of the city engineer.
D. 
Private Capacity Transfers and City Facilitation. The owner may acquire required capacity from the city or via a transfer or sale of an existing allocated capacity right from a private third property owner, subject to city engineer approval and this chapter. Private capacity transfers must be governed by the city's general rules for contracts, agreements, and purchasing authority and comply with applicable state law and city policies. The city may require verification that the transferred capacity does not cause noncompliance at the donor property.
E. 
Fees, Objective Determinations, and Role of the City Engineer. All capacity fees, surcharges, and calculations shall be made in accordance with the city's Fees Schedule, City Standards, and implementing resolutions. The city engineer's determinations under this section shall apply the City's Standards and Fee Schedule. Where the calculation methodology requires judgment in unit conversion or unusual cases, the city engineer shall apply documented, objective criteria and shall briefly state the factual basis for any nonroutine calculation in the administrative record.
F. 
Enforcement and Remedies. Violations of this section may result in penalties, surcharges, administrative fines, permit denial, suspension of water service, or other enforcement measures as provided in this title and Chapter 1.12. The city shall follow all required notice and hearing procedures prior to any suspension of service. In addition to fines and surcharges, the city may record a notice of noncompliance against the subject property and seek injunctive and other legal relief as appropriate.
(Ord. 25-475, 12/8/2025)
A. 
The fire-flow fees, which are a component of the connection fee, for government agencies, commercial, professional or industrial consumers shall be as set forth in the council's resolution. The fire-flow requirements shall be established by the Lathrop-Manteca Fire District (local fire authority). The flow rates reflect National Fire Protection Association and California Fire Code Standards as determined by the fire chief. Duration of flow requirements shall be recommended by the local fire authority, determined by considering fixed fire protection, the type of construction, contents of facility and exposure/danger to other important buildings or properties and requirements of the California Fire Code and California Building Standards Code.
1. 
The fire chief, upon receipt of plans, specifications and drawings to determine fire-flow requirements, shall submit to the city his or her recommendations for required fire flow.
2. 
If the consumer requires time to pay that component of the connection fee which consists of the fire-flow fee, the public works director may extend a time limit for payment thereof.
B. 
Fire-flow fees and the procedure established in Section 13.04.120(B), shall not apply to residential consumers, as the basic connection fee includes fire flow for residential consumers.
(Ord. 91-02; Ord. 08-276 § 1)
A. 
The council shall, by a duly adopted resolution, after a noticed public hearing scheduled at the discretion of the city council, adopt, and/or amend a schedule of water rates. The public notice required by this section shall consist of:
1. 
The posting of a written notice in three public places inside the city; or
2. 
The publication of a legal notice in a newspaper of general circulation serving the city.
B. 
The notice shall fully set forth the then current schedule of water rates and any proposed amendments thereto. Both the posting and publication shall occur no less than 10 days, or more than 20 days prior to the meeting at which the resolution is to be considered, and shall include the date, place and time at which the meeting is to take place.
C. 
All water delivered through meters and single service connections shall be charged monthly in accordance with the schedule of water rates as amended and approved by the city council.
D. 
If a meter shall be found out of order, the monthly charge for water used shall be determined by the public works director based upon previous water consumption records.
E. 
If an owner/consumer has more than one meter, a separate minimum charge will be made for each meter as well as the amount of water registered for each meter.
F. 
Compound meters shall not be construed to be a single meter. The public works director will determine the minimum charge rate for compound meters on a case-by-case basis.
G. 
The rate for any owner/consumer using temporary meters for any purpose, which are installed for less than one month, shall be charged according to the schedule of water rates, plus the cost of installation. When a meter is not installed, the rate shall be determined by the public works director.
H. 
Charges for metered and unmetered services shall be due and payable on the first day of the month. Charges for water services are considered past due and delinquent on the nineteenth day following the date of mailing of the city's bill for services, and shall be subject to penalty fees as set forth in Section 13.12.080. Water meters shall be read on a monthly basis.
I. 
When an owner/consumer applies to the city to replace a meter with one of a smaller or larger size, the city shall make such change, upon payment to the city of fees in accordance with Sections 13.04.030 and 13.12.010.
J. 
Water service shall be billed monthly. All water usage occurring on and after April 14, 2004 shall be billed in accordance with the following schedule:
1. 
Monthly Service Charge by Meter Size.
 
Effective January 1, 2012
Effective January 1, 2013
Quantity Charge ($/1,000 gallons)
$2.45
$2.63
(Meter Size)
Monthly Service Charge
Effective January 1, 2012
Effective January 1, 2013
5/8″
$10.60
$11.50
3/4″
15.30
16.50
1″
24.60
26.50
1 1/2″
48.00
51.60
2″
76.10
81.70
3″
141.60
151.90
4″
235.10
252.10
6″
468.90
502.80
8″
749.60
803.50
10″
1,357.60
1,455.20
12″
2,012.30
2,156.90
1″ with fire sprinkler
15.50
16.40
2. 
Monthly SCSWSP Facilities Charge by Meter Size. In addition to the charge set forth in subsection 1, above, those customers whose property is located outside of a community facilities district, assessment district, or other financing district or mechanism that has paid or will pay for the capital costs of the city's participation in the South County Surface Water Supply Project (SCSWSP) shall pay a monthly SCSWSP facilities charge in accordance with the following schedule:
Meter Size
Monthly Service Charge
Effective January 1, 2012
Effective January 1, 2013
5/8″
$9.10
$9.10
3/4″
13.65
13.65
1″
22.75
22.75
1 1/2″
45.45
45.45
2″
72.75
72.75
3″
136.35
136.35
4″
227.25
227.25
6″
454.50
454.50
8″
727.50
727.50
10″
1,319.50
1,319.50
3. 
In addition to the monthly service charge and the monthly SCSWSP facilities charge, customers shall pay the uniform commodity water rate for each 1,000 gallons or any portion thereof, regardless of meter size, in accordance with the following schedule:
Uniform Commodity Water Rate
Effective April 14, 2004
Effective May 15, 2005
Effective May 15, 2006
$1.65
$1.85
$2.00
4. 
Private Fire Line Service Charges Per Connection.
Fire Line Size
Monthly Service Charge
Effective January 1, 2012
Effective January 1, 2013
2″
$27.40
$27.70
3″
50.30
50.60
4″
82.90
83.40
6″
164.60
165.30
8″
262.60
263.50
10″
475.00
476.40
12″
703.70
705.70
(Ord. 91-02; Ord. 99-175 § 1; Ord. 99-179 § 1; Ord. 01-188 § 1; Ord. 02-209 § 1; Ord. 04-229 § 2; Ord. 04-230 § 1; Res. 09-2761 § 1; Res. 11-3190 § 1)
A. 
Any water service customer who is currently enrolled in or is eligible for a payment assistance program with Pacific Gas and Electric (currently known as "CARE") shall also be eligible for a rate reduction as described by this section.
B. 
A water service customer who presents a current Pacific Gas and Electric bill that indicates that the customer is eligible or enrolled in the CARE program shall receive a 20% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced.
C. 
Customers who qualify for the payment assistance program must provide a copy of their Pacific Gas and Electric bill described in subsection A each June 1st for the city to re-verify eligibility. If a customer does not provide a copy of the bill by June 30th of each year, or if the customer is no longer eligible for the CARE program, then the customer shall no longer be eligible for the payment assistance program and shall not receive a reduction in rates.
D. 
A water service customer who presents a current military identification card or veterans identification card shall receive a 10% reduction in their monthly service charge by meter size. The commodity rate shall not be reduced.
(Ord. 02-211 § 1; Ord. 24-460, 12/9/2024)
A. 
There shall be a minimum monthly charge for each apartment or dwelling unit served from a single service connection, set in accordance with the schedule of water rates.
B. 
Service to apartments/multiple-dwelling units shall be individually metered as determined by the public works director.
(Ord. 91-02)
A. 
The council shall have the power to establish, by agreement or resolution, the water rates to be charged for providing water services outside the corporate limits of the city, at rates different from those set forth in the schedule of water rates.
B. 
The city may impose a moratorium on water services within its corporate boundaries, and may seek a moratorium on water services within its sphere of influence.
(Ord. 91-02)
A. 
Any property which is annexed to the city shall, prior to annexation, enter into an agreement with the city in which agreement it shall be specified that the person desiring the annexation shall:
1. 
Pay either directly or to the city the actual cost of any fee charged by the local agency formation commission;
2. 
Pay to the city the actual legal costs expended by the city in pursuing such annexation;
3. 
Pay to the city the actual engineering costs expended by the city pursuing such annexation;
4. 
Pay 25% of the actual legal costs and 25% of the actual engineering costs to the city to cover administrative costs to the city in pursuing such annexation;
5. 
Pay to the city an annexation fee which shall be calculated as follows: The property tax revenue for the last year for which an audit is available to the city shall be divided by the number of taxable acres in the city, and shall be multiplied by the area of the annexing land and shall be multiplied again by the number of years between 1956 (which is the date of the city's incorporation) to the year of annexation.
B. 
This section is not intended to, and shall not be construed or given an effect in a manner that imposes upon the city and property within or without the city any duty of care so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Ord. 87-03)
A. 
Any person who shall violate any of the provisions of Section 13.04.110 shall pay a penalty of $500.
B. 
Any person who shall violate any of the provisions of this title for which no other penalty is provided, shall be guilty of a misdemeanor. A misdemeanor may be punished by a fine of not more than $1,000, or by imprisonment in the county jail for no longer than six months, or by both such fine and imprisonment. Any person violating any section of this chapter shall be regarded as committing a separate offense on each day of such violation.
(Ord. 91-39)