No person shall use any city water without first making application to the director of public works to install a tap or to turn on the water where a tap is already installed.
(Code 1964 § 8-2.401)
It shall be unlawful for any person to interfere or seek to interfere with any inspection of the director of public works or authorized representative of any fixture or water using or distributing device to which city water is connected; provided, that before entering occupied dwellings or premises for the purpose of making an inspection, the consent of the occupant thereof shall be secured or twenty-four hours' written notice of the intention to so enter and inspect shall be served upon the occupant by the director of public works.
(Code 1964 § 8-2.402)
It shall be unlawful for any person to maintain or allow on his or her premises leaky or faulty water fixtures or water using or distributing devices to which city water is connected, so that city water is wasted thereby. The failure to repair or disconnect such faulty device shall be sufficient cause for the disconnection of city water from such premises by the director of public works until such repairs have been made and after such disconnection, water shall be reconnected only in accordance with the provisions of Section 39.02.140.
(Code 1964 § 8-2.403)
No person shall use or cause to be used any city water for the purpose of sprinkling streets or alleys, except such person as may be authorized by the director of public works, nor allow any water to run to waste in any gutter or otherwise, nor shall any city water be used for irrigation except as provided in this chapter. No person other than employees of the water department shall open any fire hydrant or attach any hose thereto for any purpose, without first obtaining written permission from the chief of the fire department or the director of public works.
(Code 1964 § 8-2.404)
The water use restrictions detailed below are permanent water use restrictions which match the Shortage Level 1 (0 to 10% water shortage) Demand Reduction Actions detailed in the City's Water Shortage Contingency Plan (WSCP), Chapter 8 of the Urban Water Management Plan (UWMP). Water use restrictions beyond Shortage Level 1 restrictions are established in the WSCP and may be implemented from time to time, by resolution of the city council in compliance with California law. Demand Reduction Actions for Shortage Levels 1-6 can be found in the approved WSCP.
Permanent Water Use Restrictions—Shortage Level 1 (0 to 10% Water Shortage).
(a)
Landscape water use restrictions.
(1)
No potable water shall be applied to outdoor landscapes in a manner that causes more than incidental runoff, such as minimal overspray from sprinklers that escapes the area of intended use, so that water flows onto adjacent property, non-irrigated areas, private walkways, roadways, parking lots, or structures.
(2)
No landscape watering between 9:00 a.m. and 6:00 p.m. except with a hand-held container or hose with a shut-off nozzle, or for very short periods when adjusting a sprinkler system. This restriction does not apply to landscape irrigation using a low volume irrigation system (such as drip irrigation and micro-irrigation) designed to apply small volumes of water slowly at or near the root zone of plants. This includes, but is not limited to, properly functioning drip irrigation systems and soaker hoses.
(3)
No irrigation of turf and/or ornamental landscapes during and within forty-eight hours after measurable rainfall of at least one-fourth of one inch of rain in a given area of Davis.
(4)
No irrigation with potable water of landscapes outside of homes and buildings constructed after June 2015 in any manner inconsistent with regulations or other requirements established by the California Building Standards Commission, the department of housing and community development and the Model Water Efficient Landscape Ordinance (MWELO).
(5)
No irrigation of turf on public street medians or publicly owned and maintained landscaped areas between the street and sidewalk, except where:
(A)
The turf serves a community or neighborhood function, including, but not limited to, recreational uses and civic or community events;
(B)
The turf is irrigated incidentally by an irrigation system, the primary purpose of which is the irrigation of trees; or
(C)
The turf is irrigated with recycled water through an irrigation system installed prior to January 1, 2018.
(b)
Commercial water use restrictions.
(1)
Eating or drinking establishments, including, but not limited to, restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased shall only serve drinking water upon patron request.
(2)
Restaurants are required to use a pre-rinse spray valve when washing dishes.
(3)
Hotels and motels shall provide guests with the option to decline daily bed linen and towel changes. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
(c)
Other water use restrictions.
(1)
A hose that dispenses potable water to wash a motor vehicle shall be fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.
(2)
Potable water shall not be applied directly to driveways and sidewalks unless required for health and safety purposes.
(3)
Potable water shall not be used in an ornamental fountain or other decorative water feature, except where the water is part of a recirculating system.
(d)
Violation and penalties.
(1)
The City of Davis emphasizes an educational approach to water waste issues to encourage water conservation and prevent water waste. The public works director has adopted standard operating procedures for water waste complaints that outline the notification process and steps for enforcement if outreach alone is not sufficient to rectify the issue. The procedures may be amended from time to time. City staff shall make attempts in each step of the process to work with the resident and/or property owner on the issue before moving to the next step in the enforcement process.
(2)
Pursuant to Section 377 of the California Water Code and Section 1.01.110 of the Davis Municipal Code, violation of any of the provisions of this section is a misdemeanor. A person convicted shall be punished by imprisonment in the County Jail for not more than thirty days, or by fine not exceeding one thousand dollars, or by both. This fine is in addition to, and does not supersede or limit any other remedies, civil or criminal.
(3)
As provided in California Water Code Section 377, any person may be held civilly liable in an amount not to exceed ten thousand dollars for violation of this section and/or for violating any emergency regulations adopted by the State Water Board under California Water Code Section 1058.5, unless the State Water Board regulation provides that the specific regulation may not be enforced under Section 377. The procedures, requirements and process for civil liability shall be as set forth in California Water Code Section 377.
(4)
As provided in California Water Code Section 377, the civil liability for the first violation by a residential water user shall not exceed one thousand dollars except in extraordinary situations where the court or the city finds all of the following:
(5)
For the purposes of issuance of a complaint or citation under this section, subsection (b) of Water Code Section 377, or subdivision (d) of Water Code Section 1058.5 such complaint or citation may be issued by the city manager or designee, or the city's code enforcement officer as defined by Section 829.5 of the California Penal Code.
(Ord. 2452 § 2, 2015; Ord. 2461 § 2, 2015; Ord. 2464 § 1, 2015; Ord. 2605 § 2, 2021)
It is unlawful for any person whose service pipe is, at the time of the passage of this chapter, attached directly or indirectly to the water mains of the city, to allow any person to attach any service pipe to his or her service pipe, without first obtaining written permission from the director of public works.
(Code 1964 § 8-2,407)
Whenever, from any cause, the director of public works shall shut off any hydrant or pipe carrying or discharging water from the works of the city, it shall be unlawful for any person to open such hydrant, or pipe or to turn on or use any water from such hydrant or water pipe without first obtaining written permission from the director of public works.
(Code 1964 § 8-2.408)
No person shall place upon, or about any fire hydrant, water gate, curbstock or stop cock connected with the city's water system any building material or other obstruction so as to prevent free access to the same at all times.
(Code 1964 § 8-2.409)
All persons who open, grade, regrade, fill, excavate or work a street shall give ten days' written notice to the director of public works for the removal or displacement of any water mains, pipes, fittings, meters or other waterworks materials which may interfere with such street work, and on failure to so furnish such notice, any damage resulting from such failure shall be charged against the person responsible.
(Code 1964 § 8-2.410)
Except for manifold arrangements serving two or more lots, which are specifically approved by the water department and installed according to design specifications approved by the city's public works director; the minimum size of service shall be one inch. The maximum size of service shall be determined by the public works department.
(Code 1964 § 8-2.209; Ord. 799 § 1)
Water service may be discontinued for nonpayment of bills or noncompliance with any of the regulations of this chapter as follows:
(a)
The city shall not terminate service for nonpayment of any residential account until a payment by a customer has been delinquent for at least sixty days. The city manager or designee shall give written notice of an impending termination, at least ten business days prior to the proposed termination, by first class mail addressed to the customer to whom the service is billed. The notice shall include, but is not limited to, all of the following information in a clear and legible format:
(1)
The customer's name and address.
(2)
The amount of the delinquency.
(3)
The date by which payment or arrangement for payment is required in order to avoid discontinuation of service.
(4)
A description of the process to apply for an extension of time to pay the delinquent charges.
(5)
A description of the procedure by which the customer may request a deferred, reduced, or alternative payment schedule, including an amortization of the delinquent service charges, consistent with the city's official Policy on Discontinuation of Residential Water Service.
(6)
A description that tenants have the right to become customers of record and accept bills for water service and the procedure to make service available to the tenant.
(7)
A description of the process to request a petition for bill review and appeal the notice of proposed termination, the procedure for requesting an appeal, and the city shall not discontinue service while the appeal is pending.
(b)
If the customer's mailing address is not the address of the property to which service is provided, the notice also shall be sent to the address of the property to which service is provided, addressed to "Occupant." If the written notice is returned as "undeliverable," the city shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent termination of service and the city's official Policy on Discontinuation of Residential Water Service.
(c)
Any customer is entitled to a bill review or appeal if requested in writing within ten business days after receipt of a bill which the customer contests or a notice of impending termination pursuant to subsection (a). If the dispute or complaint regards nonpayment of a delinquent account, the review shall include consideration of whether the customer should be permitted to amortize the unpaid balance of his or her account over a reasonable period of time. No termination shall be effected for any customer complying with any such amortization agreement, provided the customer also keeps current his or her account for utility service as charges accrue in each subsequent billing period.
If a customer fails to comply with an amortization agreement, the city manager or designee shall not terminate service without posting a final notice to the customer at least five business days in a prominent and conspicuous location at the residence that further explains the conditions the customer must meet to avoid termination, but such notice shall not entitle the customer to further investigation.
(d)
The city shall not discontinue service for nonpayment during: (1) the pendency of an investigation of a customer dispute; (2) any appeal of the city's decision to discontinue service; or (3) such time the customer is in compliance with a duly authorized payment plan or program.
(e)
The city shall not discontinue service for nonpayment if all of the following conditions are met:
(1)
The customer, or tenant of the customer, submits to the city a certification of a primary care provider stating that discontinuation of service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
(2)
The customer, or tenant of the customer, demonstrates that he or she is financially unable to pay for service if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security, Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than two hundred percent of the federal poverty level.
(3)
The customer, agent of the customer, or tenant of the customer, is willing to enter into an agreement to facilitate one of the options listed below:
(A)
Amortization of the unpaid balance.
(B)
Participation in an alternative payment schedule.
(C)
A partial or full reduction of the unpaid balance finance without additional charges to other ratepayers.
(D)
Temporary deferral of payment.
The amortization agreement should result in repayment of any remaining outstanding balance within twelve months. The city may grant a longer repayment period if it finds the longer period is necessary to avoid undue hardship to the customer based on the circumstances of the individual case. |
(4)
Service may be discontinued no sooner than five business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
(A)
The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for sixty days or more.
(B)
While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay his or her current service charges for sixty days or more.
(f)
The city has adopted a Policy on Discontinuation of Residential Water Service that is available on the city's website and will be provided to customers in writing, upon request. In the event of a conflict between the terms of the chapter and the provisions of the adopted Policy on Discontinuation of Residential Water Service the terms of the Policy shall control. The policy includes all of the following:
(1)
A plan for deferred or reduced payments.
(2)
Alternative payment schedules.
(3)
A formal mechanism for a customer to contest or appeal a bill.
(4)
A telephone number for a customer to contact to discuss options for averting discontinuation of residential service for nonpayment.
(5)
Any other provision deemed appropriate and necessary by the city manager in order to comply with federal or state law or to efficiently and fairly operate the water utility.
(g)
In the case service is terminated, the city shall provide the customer with information on how to restore residential service.
(Code 1964 § 8-2.301; Ord. 1333 § 2; Ord. 2574 § 1, 2020)
The provisions of this section apply where water is provided through a master meter to residential occupants in a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in California Health and Safety Code Section 17008, and the owner, manager, or operator of the structure or park is the customer of record.
(a)
At least fifteen days prior to discontinuing service, the city will make a good faith effort to inform the residential occupants by written notice that their dwelling unit's account is delinquent and that the service will be terminated on the date specified in the notice.
(b)
The notice will be posted on the door of each dwelling unit at the structure or park. If it is not reasonable or practical to post the notice on the door of each dwelling unit, the city will post two copies in each accessible common area and at each point of access to the structure or park.
(c)
The notice will inform the residential occupants that they have the right to become city water customers, to whom service will then be billed, without being held responsible for delinquent amount owed by the existing customer of record. The notice will also specify in plain language the following:
(1)
What the residential occupants are required to do in order to prevent the termination of, or to reestablish;
(2)
The estimated monthly cost of service;
(3)
The title, address, and telephone number of a representative of the city who can assist the residential occupants in continuing service; and
(4)
The address and telephone number of a qualified legal services project recommended by the local county bar association.
(d)
The city may decline to make service available to the residential occupants unless each residential occupant or a representative of the residential occupants agrees to and meets the requirements of the city's terms and conditions of service and other provisions of law. However, if one or more of the residential occupants or the representative of the residential occupants are willing and able to assume responsibility for subsequent charges to the account to the city's satisfaction, or if there is a physical and legal means of selectively terminating service to those residential occupants is not responsible, the city will make service available to the residential occupants who have met those requirements or on whose behalf those requirements have been met.
(e)
When required, residence and proof of prompt payment of rent or other credit obligation is an acceptable means of establishing credit with the city.
(f)
In addition to the other limitations on discontinuing service in this chapter, water service will also not be discontinued for nonpayment under the following situations:
(1)
For an indebtedness owned by the existing customer of record to another public agency;
(2)
If the delinquent account relates to another property owned, managed, or operated by the existing customer of record; or
(3)
If a public health or building officer certifies that termination would result in a significant threat to the health and safety of the residential occupants or the public.
(Ord. 1333 § 3; Ord. 1518 § 1; Ord. 2574 § 2, 2020)
The provisions of this section apply where individually metered service is provided to each dwelling unit for residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp as defined in California Health and Safety Code Section 17008, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record.
(a)
At least ten days prior to discontinuing service, the city will make a good faith effort to inform the residential occupants in writing that the dwelling unit's account is delinquent and that service will be terminated. The written notice will inform the occupants that they may become a customer of record and accept bills for the unit's water service. The residential occupants will not be held responsible for delinquent amounts owed by the existing customer of record.
(b)
The city will ask each residential occupant to agree to the city's terms and conditions of service, rules, and tariffs, unless one or more occupants accepts such responsibilities to the city's satisfaction or the city is able to selectively terminate service to those occupants who do not meet such terms and conditions.
(c)
When required, residence and proof of prompt payment of rent or other credit obligation is an acceptable means of establishing credit with the city.
(d)
Notwithstanding the foregoing, if the dwelling unit is a detached single-family dwelling unit, then the city will: (1) give notice to the occupant of service discontinuation at least seven days prior to the proposed discontinuation; and (2) require the occupant to verify that the delinquent account customer was the landlord, manager, or agent of the dwelling unit. Verification may include a lease or rental agreement, rent receipts, or other government document.
(Ord. 2574 § 3, 2020)
Water service shall not be terminated because of delinquency in payment for such service on any Saturday, Sunday, legal holiday, or at any time during which the city's business offices are not open to the public.
(Ord. 1333 § 4)
If a consumer's water service is turned off for failure to pay a bill, or for violation of any other requirements of this chapter, the water service shall not again be turned on until the amount due is paid in full plus additional charges computed as follows: water turn-off—twenty-five dollars; water turn-on—twenty-five dollars; additional service calls such as may be necessary due to consumer tampering with water service will be billed at actual time and material costs, plus a deposit to guarantee the account may be required, provided the reconnection of service fee for any customer who household income is below two hundred percent of the federal poverty line shall be no more than fifty dollars for reconnections during normal business hours and one hundred fifty dollars during nonoperational hours. These fees may be adjusted based on the Consumer Price Index beginning January 1, 2021. The amount of such guarantee shall be established by the city manager or designee. Such guarantee will be returnable at the expiration of one year from the date of deposit, providing all outstanding bills against the consumer for water service have been paid.
(Code 1964 § 8-2.302; Ord. 1333 § 4; Ord. 1644 § 1; Ord. 1703 § 1; Ord. 1764 § 1; Ord. 1798 § 1; Ord. 2574 § 4, 2020)
The supply of city water may be discontinued at any time without notice to the water user, when required by the necessities of the service of the water department or of any other department of the city government, and the city shall in no way be liable for damage resulting from such discontinuance.
(Code 1964 § 8-2.502)