There is created and established a water division of the public works department of the city. The public works director shall be the head of the water division and shall be governed by the state and federal laws pertaining thereto, the ordinances, policies and resolutions established by the city council, and procedures designated by the city manager. The public works director shall be responsible to the city manager for the proper functioning of the water division.
(Prior code § 7720.0)
As used in this chapter:
"Consumer"
means any person, public or private corporation, the United States of America, the state, any county, municipality, and all governmental agencies and departments, and every officer, agent and employee thereof during the course of his employment, who uses, or is entitled to use, water from the city.
"Premises" and "property"
means all real property, buildings, and appurtenances occupied by an owner, lessee or tenant as dwelling of a business, commercial or industrial enterprise upon an integral parcel of land undivided by a street or railway.
"Service connection"
means the pipeline extending from the water main, whether located in a public thoroughfare or private right-of-way, to the curb line or property line of the consumer's premises, together with the valves, meter and fitting necessary to connect to the consumer's private pipeline.
"Standby service"
means the permanent, unmetered connection to the water main of a system of hoses, sprinklers or other appliances, such system to be designated and used for fire emergency only.
(Prior code § 7720.1)
The day-to-day administrative activities of the water division shall be governed by an administrative procedures manual, which shall be established and from time to time shall be amended, subject to the direction of the public works director and with the approval of the city manager.
(Ord. 1983, 11/27/2023)
A. 
Water for Supplying Consumers. Water shall be measured through meters installed by the water division at the expense of the consumer, and rates shall be set from time to time by resolution approved by the members of the city council.
B. 
Standby Service. Charges shall be set from time to time by resolution approved by the members of the city council.
C. 
Prorating of Charges for Water. There shall be a prorating of commodity charges for water on all opening and closing bills, and the full bimonthly standby service charge shall apply to service rendered and water supplied during any billing period or portion thereof.
D. 
No Rebate Until Notified. No allowance or rebate shall be made in the water rate charged against any premises so long as the water remains connected therewith, and the full rate shall be charged against any and all property or premises as herein specified until the finance division has been notified by the owner or consumer to shut off the water therefrom.
E. 
Vacant Dwellings. In case a premises becomes vacant, the regular minimum rates shall be charged and no refund or discount shall be made until the finance division has been notified by the owner or consumer to shut off the water.
F. 
Outside City Limits. For water furnished to any consumer outside the city limits rates shall be set by resolution approved by the members of the city council from time to time. The council may, however, provide by written agreement with any city, county, or other governmental agency the rate to be charged and said rates shall be as set forth in the said resolution. Consumers outside the city limits receiving the city water are subject to all rules and regulations as set by this division to obtain water service.
G. 
Current Water Charges. For the supplying of customers, water shall be measured through meters installed by the water division at the expense of the consumer and the rates shall be set from time to time by resolution approved by the members of the city council.
H. 
Units-Served Charge. For multiple services from a single meter there shall be an added monthly charge for each additional unit served over one. For purposes of administration, an added unit shall be: (1) each residential dwelling comprising duplexes, triplexes, apartment buildings and separate houses; (2) each separate occupancy comprising professional centers, commercial centers, industrial parks, or combinations thereof; (3) each unit space in a mobilehome park or trailer park. The units-served charge shall be in addition to the standby service charge based on the meters size for the first unit, plus an additional charge per month for each additional unit served. The units served charge shall be set from time to time by resolution approved by the members of the city council.
I. 
Temporary Water Meters. For water to be used on construction of buildings, the same rate is established as set forth in subsection G of this section, provided that an application must be made for such water to the water division which shall have installed a meter through which water must be used and measured. The installation of such a meter shall be paid for by the applicant before any water shall be turned on. The cost of the installation shall be set from time to time by resolution approved by a majority vote of the members of the city council. Temporary meters shall be installed for a period of time not to exceed 120 days.
(Ord. 1983, 11/27/2023; Ord. 1997, 6/9/2025)
A. 
Eligible Applicants.
1. 
Single-Family and Multifamily Residences (Four Dwellings or Less): Property owner.
2. 
Apartments, Commercial, Industrial and Landscape: Property owner/property manager or commercial/industrial tenant.
B. 
The consumer must contact the finance division and provide all requested applicable information such as buyer's final settlement statement, lease agreement, and/or property management agreement in order to provide service for water supplied to any premises when water is turned on by the city for any purpose. Separate requests to supply service are required for each service address serviced by a separate metering device and such necessary information as is required such as Social Security number, driver's license number and/or passport number must be furnished to the finance division of the city. No service shall be granted until all requested information has been provided to the finance division.
C. 
Notwithstanding subsection A above, if a property owner or property manager of a residential service address has been notified that the account is in arrears and service will be terminated, the authorized residential occupants may request to become consumers to whom the service will then be billed without being required to pay the owner or manager's delinquent amount. The occupant(s) applying for service shall agree to all standard terms and conditions and meet the city's application requirements. Additional procedures and requirements may be set forth in the city's Discontinuation of Residential Water Service Policy.
(Ord. 1983, 11/27/2023)
A. 
Security Deposit Required. Each applicant for utility services to be provided by the city within or outside of the corporate limits of the city, and any customer re-establishing utility service following termination for nonpayment, is required to pay a security deposit in an amount no less than the estimated bimonthly bill for water, refuse collection and/or sewer service, as established by resolution of the city council. The term "security deposit" means and includes "advance payment(s)" as that term is used elsewhere in this title.
B. 
Refund of Security Deposit.
1. 
The security deposit will be retained in an interest-free account. Upon closure of a utility account the security deposit will be applied towards any balance remaining on the account, and the remainder, if any, will be refunded to the customer. If a balance remains due after crediting the security deposit, the amount of the balance will be due upon written notice to the customer.
C. 
Restrictions on Transfer of Services and Security Deposit.
1. 
Except as provided herein, no utility service or security deposit shall be transferred from one party to another. It shall be the responsibility of the utility user to notify the city in writing of the date discontinuance of service is desired and failure to do so shall render the user liable for all utility charges incurred until such notice is received. This provision shall not relieve a new customer or occupant of a residence or other place where city utility service is desired of the responsibility to apply for service. If at any time the city becomes aware that a customer has been receiving services without having properly applied for the same, such services shall be immediately discontinued until the customer provides a proper, complete application for service. Such customer shall be liable and charged for any services received from the date of commencement of the use, to the extent such date may be ascertained. If it cannot be ascertained, charges for utility services shall be made from the date of the last regular meter reading or other determination of usage.
2. 
Notwithstanding the foregoing, a residential customer shall be allowed to transfer services and/or any security deposit to an immediate member of the customer's family (i.e., spouse, sibling, child or parent) residing at the same premises when made necessary due to death or divorce (i.e., final divorce decree has been entered) of the customer of record. Such transfer shall be permitted provided that a written request by such spouse or relative to assume the original customer's obligation to pay utility charges is filed with the city no less than 10 business days after the death or effective date of divorce. The request shall be made under penalty of perjury on a form provided by the finance division, and shall explain in full the circumstances necessitating the transfer of the security deposit and utility service, and shall further represent that the transferee satisfies the requirements of this section in all respects. The city shall have the right to require further evidence in support of the requested transfer, where deemed necessary under the circumstances. Provided the request for approval or transfer complies in all respects with the requirements of this section and the account is not delinquent, then the city will revise its records and future billings to show the transferee as the "customer" on the original account and the transferee shall immediately become responsible for payment of future, current and any past due bills for service. Furthermore, by requesting transfer of a security deposit and/or utility services, the transferee expressly agrees to comply with and be governed by the provisions of this title. Any person who knowingly makes a false statement to the city in order to obtain approval of a transfer of a security deposit and/or utility service shall be guilty of a misdemeanor.
(Ord. 1983, 11/27/2023)
A. 
When Issued. Regular billing for water and other utility services may be issued bimonthly or monthly, as may be deemed appropriate by the city manager and finance director of the city.
B. 
When Due. All charges for water and other utility services shall be due and payable upon presentation. If payment is not received in Upland City Hall, or such other location as may be established by resolution, prior to 6:00 p.m. on the 25th day after presentation, the charges are delinquent and subject to additional charges and penalties as scheduled by separate resolution of the city council. Failure to receive a bill or statement of account does not relieve the consumer of liability.
C. 
Property Owner Legally Liable for Payment. The consumer receiving service is liable for water and other such utility service charges as billed until the city is notified to discontinue service. Should charges for utility services become delinquent, the legal owner of the property will be notified, and it shall be the final responsibility of the property owner to remedy the delinquency unless otherwise prohibited by applicable law. If charges remain delinquent for 60 days, such charges shall constitute a lien against the lot or parcel of land within the city or outside the limits of the city, against which the charge was imposed and for which services were rendered. This lien will be placed upon the service address pursuant to Chapter 13.34 of this title and collected by addition to the county tax roll.
D. 
Finance Director and/or the Public Works Director May Adjust. The finance director and/or the public works director or designee may, in their discretion, adjust bills for the purpose of reflecting their reasonable opinion of actual water usage and/or other charges and all persons affected shall have the right to appeal any such determination to the city council and a decision of the council with respect thereto shall be final and conclusive as to all parties.
(Ord. 1983, 11/27/2023)
A. 
Consumer About to Vacate Premises. Each consumer about to vacate any premises supplied with water service by the water division and/or finance division shall give advance notice of his or her intended removal, specifying the desired date for discontinuing service; otherwise, he or she will be held responsible for water service furnished to such premises until the water division and/or finance division shall have notice for such removal.
B. 
Division's Right to Discontinue Service.
1. 
For Failure to Comply with Regulations. If a consumer or owner fails to comply with the provisions of this chapter or the regulations of the division after 48 hours' notice thereof, the division may forthwith discontinue water service to such consumer or owner until full and complete compliance is obtained.
2. 
For Improper Disposal of Water. Any person who, as owner or tenant of any premises, fails, refuses, or neglects to equip and maintain such premises with plumbing of such character, quality, and design as to assure that water will be disposed of into a disposal system acceptable to the city, shall 48 hours after being served by written notice of such intention, have all water service discontinued pending such improvements.
3. 
For Wastage of Water. Any person who wastes, causes, permits or allows to be wasted any water in any cooling system, ornamental foundation or other device of any kind whatsoever, may after service of 48 hours' notice of intention have all water service discontinued or may be subject to the penalties under the provisions of Section 13.16.020 of the Upland Municipal Code.
4. 
For Refusal to Admit Employee to Inspect. Any person who as owner or occupant of any premises refuses admittance to, or hinders or prevents inspection by an authorized employee of the division may, after service of 24-hour notice of intention, have all water discontinued.
5. 
For Nonpayment of Bill. If water and other utility charges are not paid as previously set forth then the city will adhere to the city's Discontinuation of Residential Water Service Policy. The city council may, by resolution or motion, adopt or amend a Discontinuation of Residential Water Service Policy, which will comply with the provisions of Health and Safety Code Section 116900, et seq., and Public Utilities Code Section 10009, et seq. The policy may include, but may not be limited to, provisions concerning discontinuation of service, notification, restoration of service, procedures to contest or appeal a water bill, extensions or other alternative payment arrangements, protections available to qualified low-income consumers, procedures for becoming a consumer under specified circumstances, and related matters.
6. 
Turn-off or turn-on of service when requested by the consumer for the closing of an old account or the beginning of a new one will be supplied at no charge to the consumer, provided such request is placed with the finance division at least 24 hours prior thereto in order to effect discontinuance or restoration of water service. Requests for service connections after normal working hours and/or on weekends will be subject to fees set by separate resolution of the city council. Exceptions may be made by the public works director or designee in his or her discretion where he or she finds that discontinuance of service would jeopardize the health, safety and welfare of the water consumer.
C. 
Only Public Works Director May Turn Water On. No person shall tap, open or connect to, or cause, permit or allow to be turned on, in any way, any water after the same has been turned off by the public works director.
D. 
Restoration of Service. Upon failure to comply with regulations of the division, to pay charges, or to comply with any charge or penalty imposed for failure as herein provided, water services may be turned off until the regulations are complied with and/or penalty payments are made in the amount due. To restore service an amount as set by separate schedule and resolution enacted by the city council will be collected to defray the cost of turning water service back on. In the event the consumer turns on the water service or suffers or causes it to be turned on after it has been turned off for any of the above reasons, the department may again turn off the water service and remove the meter. The costs incurred for this additional expense shall be commensurate with the cost of this service and shall be determined and charged by the public works director or designee. In any case, if the meter is removed for cause, additional charges as set by separate resolution may be incurred by the consumer. The consumer's account may then be closed by the finance department and any advance payments applied against this closing bill.
E. 
Returned Checks. Any account for which payment is made by check and for which check is returned by the bank on which it was drawn shall be considered as unpaid and subject to charges for handling as set by separate schedule. Consumers who have had checks returned by the bank may be subject to request for payment by cash, credit card or money orders only, at the discretion of the finance director.
(Ord. 1983, 11/27/2023)
A. 
Consumer Dissatisfaction with Meter—Meter Testing. In case of dissatisfaction with the registration of any meter, the consumer shall make a written complaint to the water division, and pay a deposit in an amount as set by separate resolution of the city council enacted from time to time, which deposit will be returned and the water bill adjusted in an equitable manner in case the meter shall be found to register over three percent more than actually passes through it. If the meter is found to be accurate within three percent, the deposit shall be forfeited to the city and the water bill paid as rendered.
B. 
Meter Failure. If a meter fails to register during any period or is known to register inaccurately, the consumer shall be charged with an average daily consumption according to the season, as shown by the meter when in use and registering accurately.
C. 
Installation and Perpetual Maintenance of Meters and Laterals. The water division shall determine and make charges for the installation and perpetual maintenance of meters and service laterals. Upon the filing with the water division of a written application by a property owner and the payment to the water division of the required charge for a meter, the water division will make a connection for such property owner to the city water main; such connection shall be laid to the inside of the curb line in front of applicant's property or the side or rear of the same, provided there is a city main passing along the street in front of or at the side or at the rear of such property. Where there is no water main in front of, at the side of or to the rear of applicant's property, applicant shall install at his own expense.
D. 
Meter City Property. All services and all water meters installed by the division shall, at all times, remain the property of the division. The expense of maintenance, repair and renewal of such meters due to the wear of normal service shall be borne by the division; provided, however, any expense occasioned by any act, careless or otherwise, on the part of the consumer, or any member of the consumer's family, or any person in the consumer's employ, shall be charged to such consumer.
E. 
Unlawful to Tamper with Meter or Break Seals. No person shall tamper with, remove, cause, permit, or allow to be tampered with or removed, any meter where the same has been attached to any service, or break, cause, permit, or allow to be broken any meter seal. If such tampering or breaking occurs, the division shall impose a penalty set by separate resolution of the city council and may remove the meter.
F. 
By-Pass Connections Unlawful. Any by-pass or connection around the meter between the service and the main shall be prohibited and such service shall be subject to discontinuance without prior notification. All water used shall pass through the meter.
G. 
Unlawful to Cover Meter Box. It is unlawful at any time to cover meter boxes with trash, rubbish, dirt or other foreign matter, to permit ivy or other shrubbery to grow over meter boxes, or to park automobiles or other vehicles over meter boxes. If the city's water meter reader is unable to read the meter in the normal course of his or her work because of any of the above, an estimated reading for a comparable period will be estimated and billed to the consumer. Additionally, if the consumer permits a dog or other animal to prohibit the meter reader from reading the meter of the consumer, then the consumer's meter may be billed on an estimated basis for a comparable period of time in which the meter reader is effectively prevented from reading the meter.
(Ord. 1983, 11/27/2023)
A. 
The city's responsibility ends at the meter, and the city shall in no case be liable for damages occasioned by water running free from open or faulty fixtures, or from broken or damaged pipes beyond the water meter.
B. 
The city shall not accept any responsibility for the maintenance of pressure and reserves the right to discontinue service while making emergency repairs. Consumers depending upon a continuous supply should provide emergency service.
(Prior code § 7720.10)
A. 
Supplying Another Person. No service connection for water shall be made for the purpose of supplying through a common service, two or more independent consumers occupying premises held under the same or independent ownership, unless such premises are located on the same lot, or the property is what is known as an apartment hotel or court apartment covering more than one lot, and then only provided the owner or operator of such premises shall guarantee payment of all bills for water and water services.
B. 
Proper Disposal, Wastage of Water. As provided in Section 13.12.090(B)(2), water shall be disposed of into an approved legal disposal system. No person shall waste any water in any device of any kind as provided in Section 13.12.090(B)(3).
C. 
Pressure Regulators, Check Valves, and Pressure and/or Temperature Relief Valves. If and when the safety and protection of the water system or any appliance thereof so requires an approved double check valve, reduced pressure principle backflow prevention device, pressure regulator check valve, or pressure and/or temperature relief valve, the device shall be installed immediately by the consumer, and at the consumer's expense, on the property side of the consumer's water meter and at the appliance or piece of equipment as required by the public works department - water division to effectively serve the purpose intended.
1. 
Back flow or Cross-Connection Control Program Required. Title 17, Group 4, of the California Administrative Code requires that the city protect the public water supply from contamination by implementation of a backflow or cross-connection control program.
2. 
Evaluation of Potential Health Hazard. The public works department - water division shall evaluate the degree of potential health hazards to the public water supply which may be created as a result of conditions existing on a consumer's premises. The evaluation shall consider the existence of cross-connections, the nature of materials handled on the property, the probability of backflow occurring, the degree of piping system complexity and the potential for piping system modification. The city is not responsible for abatement of cross-connections which may exist within the user's premises. Cost of abatement shall be borne by consumer.
3. 
Type of Protection Required. The type of protection required to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists on the consumer's premises and shall be determined solely by the public works director.
4. 
Notification Required. The city shall annually notify each water user who has installed a backflow device when testing of the backflow device is required. The notice shall contain the date when the test must be completed. The notice must be completed and returned to the city containing property owner's signature and date testing was completed.
5. 
Authorized Back Flow Testers. Backflow devices shall be tested by persons who have demonstrated their competency in testing such devices and possess a current certification from San Bernardino County department of environmental health services. The tester must also possess a current business license for such testing from the city.
D. 
May Be Restricted. The use of water for sprinkling, wetting, construction or industrial purposes may be restricted if and when such consumer's water usage is contrary to the public safety and welfare, or pursuant to Chapter 13.16.
E. 
In Case of Fire. In case of a fire in the city within reach of the water system, all standpipes, fireplugs, hose connections, faucets and other outlets to such system in the immediate area of the fire shall be subject to the direction of the fire chief, and shall be promptly closed except such as may be used in quenching the fire and preventing the spread of the same, and shall be kept closed until such fire is extinguished. In addition it shall be the responsibility of the public works director or designee to divert, reroute, pump and otherwise provide the necessary water supply to suppress such fire.
(Prior code § 7720.11)
A. 
Subdividers to Make Water Stock Available.
1. 
Connections of any kind to the city's water system, whether for a subdivision, record of survey, conditional use permit, or for any other use whatsoever shall not be made unless and until land developer or owner shall transfer to or cause to be transferred to the city the clear and unencumbered title to sufficient shares of water stock to insure the delivery of the amount of water which, by custom and common usage, is required for proper irrigation of the land involved, except that where stock has been previously transferred to the city involving the same land, no additional water stock shall be required.
2. 
Connections of any kind to the city's water system whether for commercial or industrial developments involving three or more acres of land shall not be made unless and until the owner or developer shall transfer to or cause to be transferred to the city, the clear and unencumbered title to sufficient shares of water stock to insure the delivery of that amount of water which by custom and common usage is required to the proper irrigation of the land involved, except where water stock has been transferred to the city involving the same land, no additional water stock shall be required.
3. 
Upon transfer of water stock as required in subsections (A)(1) and (2) of this section, the city shall pay to the person so transferring the water stock the then going-market value of such shares as established by the city council of the city after investigation and study.
4. 
In the event there are no shares of water stock to the land to be improved or available elsewhere to the developer or owner for transfer to the city, the city council may exercise its discretion with respect to requirements in lieu of the transfer; provided, that the city council may waive the requirements of subsections (A)(1) and (2) of this section for good and just cause.
B. 
Use of Service Connection When Property Is Subdivided. When property provided with a service connection is subdivided, the service connection shall be considered as belonging to that part of the lot or parcel of land which it directly enters.
C. 
Subdivider to Install Approved Water System. For new subdivisions approved by the city council, the subdivider shall install at his or her own proper expense and charge a domestic water system approved by the public works director or designee. After the water system has been completed and attached to the water mains and accepted by the public works director or designee, the ownership thereof shall be with the city. In general, the water system to be installed by the subdivider shall be installed as outlined in the water division's current standard specifications. Installations of all mains, valves, hydrants, service laterals of any other facilities that will be connected to and become a part of the city water system, will be accepted only after inspection by water division personnel and written acceptance by the public works director.
(Prior code § 7720.12)
A. 
Fire Hydrant Meter or Hydrant Permit Needed to Use.
1. 
Any person, firm or corporation intending to take water through, from or by means of any fire hydrant in the city, shall first make and file with the finance department an application in writing, along with a refundable deposit in the amount set by separate resolution of the city council for a fire hydrant meter and check valve. The deposit shall be refunded upon return of the hydrant meter and check valve in proper working order. In the event that fire hydrant meter is unavailable, applicant shall then make and file with the water division an application in writing showing the hydrant or hydrants through, from, or by means of which, and the time or times at which he, she or it intends to take such water or to use such hydrant or hydrants. Such application shall also contain such other information as may be required therein by the Upland public works department - water division. Permits are good only for the hydrant or hydrants for which they are issued. Permits are not transferable. Permits may be refused any person who may be indebted to the city for water theretofore served and not paid for, or whose use of water through hydrants installed primarily for fire service is deemed by the public works director or designee to be against public interest.
2. 
It is unlawful for any person to take water through, from or by means of any fire hydrant in the city, without a hydrant meter or valid permit therefor issued as herein provided, or to take water through, from or by means of, or to use any such fire hydrant at any other time other than that for which such permit was issued, or in violation of any reasonable terms and conditions fixed therein.
B. 
Fees and Rates for Use. The cost of the permit and the charges for water through any fire hydrant shall be set by council resolution.
C. 
Proper Use.
1. 
Any person using or taking water through, from or by means of any fire hydrant in the city, shall, upon turning such hydrant off, carefully close the valve or valves upon such hydrant so that the same and each and all thereof shall be in good working order, and shall remove any hose or hose connections attached to such hydrant.
2. 
Any person so taking water through, from or by any means of or using any such hydrant shall accurately fit the valve stem or cap thereof; and it is unlawful for any person to apply to and use upon the valve stem or cap of any such hydrant any wrench which does not so fit the valve stem or cap to which applied.
D. 
Unlawful to Damage. It is unlawful for any person to injure or damage any fire hydrant in the city.
E. 
Unlawful to Leave Refuse Near. It is unlawful for any person to make or leave or to permit to be made or left any dirt, refuse or other obstructions on any public street or alley within 20 feet of any fire hydrant in the city; provided, however, that nothing in this section shall apply to any obstruction necessarily made by reason of any work of street improvement ordered by the officers of the city.
(Prior code § 7720.13)
A. 
Identification Cards to Be Carried. An official identification card shall be carried or worn by all employees who in the line of duty may be required to enter upon private premises.
B. 
Free Access to Private Premises. Upon presentation of official identification, any authorized employee of the division, on official business, shall have the right of entry during usual business hours to inspect any and all buildings and premises in the performance of his or her duty. This right of entry shall be a condition of water service in order to provide assurance that the continuation of service to the premises will not constitute a menace to the health, safety and welfare of the people throughout the city water system.
C. 
Identification Cards to Be Turned In. Every employee who has been issued identification cards, badges and/or credentials of the division, shall surrender and deliver to the proper official all such upon leaving the division for any reason.
D. 
Unauthorized Use of Official Identification Unlawful. It is unlawful for any unauthorized person to possess, carry, wear or exhibit any badge or other official identification of the division, nor shall any person, whether or not possession be authorized, display, exhibit, or cause to be exhibited, any badge or other official identification of the division, at any time, place, or in any manner, or for any purpose which is not authorized by such division.
(Prior code § 7720.14)