[Amended by Res. 2617, 1-17-2023]
(a) An
applicant for water service or for to change an existing water service
shall: execute appropriate application process, pay the required service
initiation fees, make the deposits, and meet the conditions set forth
herein.
(b) Each
single-family dwelling shall be served through at least one water
meter of at least 3/4” size and such additional meters as the
property owner may request. Cross-connection control shall be required
if more than one meter is installed or non-potable water or unregulated
water is available to the property.
(c) Each
unit of multi-family dwelling shall be served through at least one
water meter of at least 3/4" in size and such additional meters as
the property owner may request.
(a) The
application shall include an agreement to abide by regulations and
such information as the General Manager may reasonably request. Such
application shall be for service to a particular and identified property.
(b) If
the application is for service to property not previously served by
the District, the applicant shall also present evidence of compliance
with local ordinances implementing the Water Conservation in Landscaping
Act. If the District is administering such an ordinance on behalf
of a city within the District, the application for service shall be
treated as an application for concurrent review of a landscape plan.
(c) If
the application is for an account in the name of a corporation or
partnership, the applicant shall provide a personal guarantee from
an owner or principal of the entity, regardless of the form of organization,
as follows:
"I hereby certify I am a principal/officer of the organization
listed on the attached application. I accept full responsibility for
all fees and charges related to water and sewer service for the organization.
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__________________________
Name and Title”
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[Amended by Res. 2551, 3-26-2019; Res. 2617, 1-17-2023]
(a) The
applicant shall pay for a minimum of one month of service if the application
is approved.
(b) The
applicant shall pay expenses incurred by the District as a result
of incorrect information on the application.
(c) Multiple
applicants for a commonly owned property shall be jointly and severally
liable for water service. A single bill shall be sent to their designee.
(d) Responsibility
for service may be claimed by a customer as follows:
(1) An account can be changed from two spouses to one spouse with information
on the individual assuming billing responsibility.
(2) An account can be changed to a family member if a new application
is submitted and the $20.00 initiation fee paid.
(3) A customer can direct billing information to a third party and bills
will be sent “in care of” the party who will make the
payment.
(4) A tenant or lessee of a property with evidence of a valid lease agreement
may apply for service, and the bill shall be sent to the tenant or
lessee. The tenant or lessee is responsible for the payment of service
fees and charges in accordance with District rules and regulations.
The property owner shall be responsible for any unpaid service fees
and charges of a tenant or lessee and will be notified as soon as
possible if the account becomes past due. Notification will include
the amounts owed and due dates. Upon request by the property owner,
the District shall disclose whether or not an account held by a tenant
or lessee is in good standing and, if there is an unpaid balance,
the amount owed and due date.
All water furnished by the District, except as provided in this
Code, must pass through a meter. No by-pass or connection around a
meter between the customer’s plumbing and the District’s
main shall be made or maintained.
[Amended by Res. 2617, 1-17-2023]
Service connections and water meters installed or accepted for
use by the District are the property of the District. Service connections
shall be kept safely and readily accessible for District personnel.
The expense of maintenance, repairs, and renewal of such service connections
and meters, due to normal wear and tear, shall be borne by the District.
Water pipes and appurtenances downstream of the meter, including but
not limited to pressure regulating and relief valves, are the property
of the customer who is responsible for operation and maintenance.
Service will be commenced after submittal of an application
and payment of the applicable fees and deposits as set forth in this
Article.
The applicant is not required to pay connection fees if the
applicant’s property can be served from an inactive service
connection. Outstanding connection fees and service fees shall be
paid if the applicant requests that a sealed service be activated.
[Amended by Res. 2617, 1-17-2023]
If the applicant's property cannot be served from an existing
connection but can be served from an existing water main, the applicant
shall deposit and pay connection fees and a pro rata share of the
cost of the main in accordance with any existing main extension refund
agreements, if any.
(a) If
the applicant’s property cannot be served from an existing main,
the applicant shall make deposits; pay connection fees; and the cost
of improvements to serve the property provided:
(1) If the water system improvements are identified in an improvement
plan for a bond issue and bond proceeds are available, bond funds
shall be used to pay for the cost of design and construction under
the uniform policies of the District.
(2) If the water system improvements are identified in the current water
system capital improvement plan, the improvements shall be constructed
by the District using construction fees accrued on or after July 1,
1990, to pay for the cost of design and construction of the improvements.
Water system improvements are identified in the current water system
capital improvement plan, if the improvements are described in the
plan or if the Board approves other improvements as a substitute for
the improvements described in the plan.
(b) If
the applicant pays for a pipeline extension to serve the applicant's
property, the applicant may enter into a main extension refund agreement.
[Amended by Res. 2522, 6-27-2017; Res. 2548, 3-12-2019]
(a) A person may obtain a connection to an existing District main by paying installation charges based upon the size of meter which is required for the service. Such installation charges are set forth in Section
7-1.102 of this Code. If a pressure regulator or other special appurtenance is required, an additional charge will be paid for the regulator or special appurtenance.
(b) The fees set forth in Section
7-1.102 of this Code shall be deposited in a separate capital facilities account to avoid commingling of the fees with other revenues and funds of the District, except for temporary investments, and shall be expended solely for the purposes of connecting property to the District's water system and installing a water meter, as follows:
(1) For each connection, regardless of meter size, the sum of $260.00
shall be paid to the potable water fund for the administrative cost
of processing an application for service and establishing a new account.
(2) For each connection using a 3/4" or 1" meter, the sum of $ 2,620
shall be paid to the potable water fund for the excavation of materials
and installation of pipe lateral, meter box and fittings. For each
larger connection, the amount paid to the potable water fund shall
be based upon the time and materials expended to complete such work.
(3) For each 3/4" meter, the sum of $ 92.00 shall be paid to the potable
water fund. For each 1" meter, the sum of $ 145.00 shall be paid to
the potable water fund. For each larger meter, the actual cost of
the meter shall be paid to the potable water fund.
(c) The
above fees shall be transferred from the installation fee account
to the potable water fund when the above-described work is performed,
when a certificate of occupancy is issued, or on the date of final
inspection, whichever occurs first.
[Amended by Res. 2522, 6-27-2017; Res. 2524, 7-25-2017; Res. 2548, 3-12-2019]
(a) In addition to the other fees, an applicant for water service shall pay the capacity fees, based upon the size of the applicant's water meter. Such capacity fees are set forth in Section
7-1.103 of this Code.
(b) Capital
facilities fees imposed on a school District shall not exceed the
construction cost of the portion of District facilities serving school
District facilities prior to January 1, 1987, increased by the percentage
increase in the Implicit Price Deflation for state and local government
purchases determined by the California Department of Finance. Capital
facilities fees initially imposed after July 21, 1986 or in excess
of the amount set forth above, shall be imposed only after agreement
with the school District.
(c) Upon
written request, the potable water capacity fees to be paid by a public
agency for service to tax exempt property shall be reduced by the
amount of the fee attributable to the cost of capital facilities.
[Amended by Res. 2522, 6-27-2017]
(a) The
District shall invest, account for and expend capacity fees as follows:
(1) Capacity fees shall be deposited in a separate capital facilities
account to avoid commingling with other revenue. The fees shall be
expended solely for the purpose of planning, designing and constructing,
including debt service, the water facilities described in the water
system capital improvement plan to the applicant’s property.
a. The “System Buy in Component” of the fee shall be expended
solely to fund the connection’s fair share of existing system
capacity.
b. The “Construction Incremental Component” of the fee shall
be expended solely to fund additional facilities needed to provide
incremental capacity needed to accommodate growth.
(2) The fees shall be expended solely for the purpose for which the fee
is collected. The “Construction Incremental Component”
shall be transferred from the capacity fee account to the construction
account and the “System Buy in Component” shall be transferred
to the replacement account when the above-described work is performed,
when a certificate of occupancy is issued, or on the date of final
inspection, whichever occurs first. If prior to final inspection or
issuance of the certificate of occupancy, the Board finds the fees
are for improvements for which the District has made expenditures
or has adopted a construction schedule or plan, the fees shall be
paid to the potable water fund. As used herein, "appropriated" means
authorization by the Board to make expenditures and incur obligations
for specific purposes.
The fees deposited on a lump sum basis for each dwelling in
a residential property subdivision which contains more than one dwelling
shall be paid to the potable water fund when the first dwelling in
the development receives its final inspection or certificate of occupancy,
whichever occurs first.
The applicant shall execute a deposit agreement before the issuance
of a statement of service required for a building permit, if the fee
is not fully deposited when the application is made or may not be
fully deposited when service commences.
(3) Interest earned by monies in this account shall also be deposited
in the account and shall be expended only for the purpose for which
the fee was originally collected.
(4) On or before September 1 of each year, the District shall make available
to the public the beginning and ending balance for the prior fiscal
year, and the fees, interest and other income, the amount of expenditures
and the amount of refunds. The Board shall review this information
at the next regularly scheduled public meeting, not less than 15 days
after the information is made available.
(b) The
Board shall make findings at least once each five years with respect
to the portion of the fee remaining unexpended or uncommitted in the
separate capital facilities account(s) five or more years after deposit
of the fee to identify the purpose to which the fee is to be put and
to demonstrate a reasonable relationship between the fee and the purpose
for which it was charged. The findings required by this subsection
shall only be made for monies in the possession of the District and
need not be made with respect to instruments of credit taken to secure
payment of the fee at a future date.
(c) The District shall refund to the then current record owner or owners of lots or units of the development project or projects on a prorated basis, the unexpended or uncommitted portion of the fee, and interest accrued thereon, for which a need cannot be demonstrated pursuant to subsection
(b) of this section, provided, if the administrative costs of refunding exceed the amount to be refunded, the District may determine the revenues shall be allocated for other purpose which serves the project(s) on which the fee was originally imposed. If the fees are not refunded to the record owner, the Board shall conduct a duly noticed public hearing before expending the fees for another purpose which serves the project(s).
[Amended by Res. 2522, 6-27-2017; Res. 2524, 7-25-2017; Res. 2548, 3-12-2019]
(a) In addition to the other charges set forth in the Code, an applicant for water service shall pay to the District water conservation fees based upon the size of the applicant's water meter. Such water conservation fees are set forth in Section
7-1.104 of this Code.
(b) Conservation
fees shall be deposited in a separate capital facilities account to
avoid commingling of the fees with other revenues and funds of the
District, except for temporary investments and shall be expended solely
for the purpose of planning, designing, constructing, including debt
service, recycled water facilities and implementing water conservation
programs.
The development of recycled water facilities allows the District
to distribute available recycled water supplies, thereby avoiding
the cost of constructing additional water system improvements to obtain
a like amount of additional potable water from The Metropolitan Water
District of Southern California. The water system capital improvement
plan takes this into consideration by reducing the amount which would
otherwise be charged to the water construction fee account.
(c) Water
conservation fees shall be transferred from the deferred capacity
fee account to the water conservation account when the above-described
work is performed, when a certificate of occupancy is issued, or on
the date of final inspection, whichever occurs first.
(d) When
an applicant for water service to a subdivision installs a recycled
water distribution pipeline to serve the subdivision, which is separate
and apart from the potable water distribution pipeline, the applicant
shall be eligible for reimbursement of a portion of the costs of the
recycled water distribution pipeline in an amount to be determined
by the Board, upon recommendation of the General Manager, provided
such reimbursement shall not exceed 50% of the conservation fees paid
by the applicant to the District for the subdivision.
(e) Applicants
for water service are not required to pay the water conservation fees
if sewer capacity fees were paid for the proposed improvement between
March 27, 1978, and November 11, 1982.
(f) Upon
written request, the water conservation fees to be paid by a public
agency for service to tax exempt property shall be reduced by the
amount of the fee attributable to the cost of capital facilities.
(g) Capital
facilities fees imposed on a school District shall not exceed the
construction cost of the portion of District facilities serving school
District facilities prior to January 1, 1987, increased by the percentage
increase in the Implicit Price Deflation for state and local government
purchases determined by the California Department of Finance. Capital
facilities fees initially imposed after July 21, 1986 or in excess
of the amount set forth above, shall be imposed only after agreement
with the school District.
[Amended by Res. 2522, 6-27-2017]
Fees may be changed at any time in accordance with state law.
An applicant shall pay the fees existent when service commences regardless
of when the fees are deposited. As used herein, "service commences"
when a request for service has been made and water can be delivered
to the applicant's property through District facilities and monthly
water service charges can be assessed. Service does not "commence"
when construction water is provided through a temporary meter or prior
to the acceptance by the District of the water system serving the
applicant's property. Notwithstanding the “service commencement”
provisions of this section, customers who made a pre-paid deposit
for service prior to July 1, 2017 will have until June 30, 2018 to
commence service and pay the connection fee in effect as of June 30,
2017.
When an applicant desires assurances service will be provided
at a future date, such assurances will be given only if the applicant
agrees to be bound by District regulations, including regulations
for the payment of connection fees, existent when service commences
and the applicant makes financial arrangements to pay connection fees
in the future by depositing cash with the District and entering into
a deposit agreement.
(a) In
addition to the other fees and charges set forth herein, applicants
for private fire protection service shall pay the total actual cost
of installation of such service from the distribution main to the
applicant's property line.
(b) With
the approval of the fire department, temporary service may be provided
through an existing, metered fire hydrant. When a fire hydrant is
not available for temporary service, a connection may be made to an
existing District main at a location acceptable to the General Manager.
(a) An
applicant for water service required to construct water system improvements
shall pay costs incurred by the District for:
(1) The preliminary design of the improvements: Before work on the preliminary
design commences, the applicant shall deposit an amount equal to the
General Manager's estimate of the preliminary design costs, including,
if necessary, the cost of a water system design report and environmental
documents.
(2) Review of the plans: Before review of the plans and specifications,
the applicant shall deposit an amount equal to the General Manager’s
estimate of the costs which will be incurred by the District for plan
review.
(3) Construct Improvements: Prior to construction, the applicant shall
deposit an amount equal to the General Manager's estimate of the costs
to be incurred by the District for inspection.
(b) As
used herein, the term “costs incurred by the District”
include: the costs of consulting services, if any, necessary to perform
the tasks described above; 15% of the costs of consulting services,
if any, necessary to perform such tasks to reflect administrative
and overhead expenses; and amounts paid by the District to its employees
working on an hourly rate. The hourly rate for District employees
shall be established from time-to-time by the General Manager and
shall include reasonable supervision costs, transportation costs,
and so forth.
[Amended by Res. 2548, 3-12-2019]
(a) If
the District takes steps to discontinue service for failure to comply
with this Code, the customer shall pay the following additional charges
before service is reinstated. Such additional charges are set forth
in Section 7-1.105(a) of this code.
(b) The
turning on or off of water service, other than in (a) above, for the
convenience of the customer will be made during regular working hours
of field personnel at no charge.
(c) Service
connections are inspected prior to acceptance to assure they meet
District specifications. A person connecting to the system must do
so in a business-like manner so that proper alignment of the facilities
will not be changed. The District will not adjust customer plumbing
connected improperly. Meters will not be set by the District if, upon
removal of the temporary spacer, the customer valve moves appreciably
out of alignment, or if any part of the service connection, including
the meter box, has been moved or altered. In either of these cases,
the District will leave the facilities where found, and will not again
return to set the meter until the applicant has made corrections and
paid a fee set forth in Section 7-1.105(b) of this Code.
(d) Any person who receives water without prior authorization shall pay the fees set forth in Section
7-1.105 (c) of this Code.
(e) The
District will shop-test a water meter in the presence of the customer
at the request of the customer if the prescribed fee to cover the
cost of testing is tendered. The General Manager adjusts bills if
tested meter is found to be in error more than 2% at medium to high
test flows as prescribed by American Water Works Association (“AWWA”)
specifications. The adjustments are limited to a period of six months,
or to the time the customer can establish to the General Manager’s
satisfaction that the meter was inaccurate, whichever is less. If
a meter is found to be registering outside prescribed AWWA specifications,
the meter will be replaced. Test fees are set forth in Section 7-1.105(d)
of this Code.
(f) Property
receiving both domestic water service and recycled water service shall
have a reduced pressure principle backflow device or other appropriate
backflow protection installed at the customer’s expense, but
an annual inspection fee is not charged.
(g) If
a backflow prevention device is required to protect against contamination
by other than recycled water served by the District, the customer
shall pay an annual inspection fee set forth in Section 7-1.105(e)
of this Code.
(h) If
the review of a landscape plan under the Water Conservation in Landscaping
Act is not reimbursed by the jurisdiction which adopted the regulations,
the applicant shall pay a landscape plan check fee in the amount set
forth in Section 7-1.105(f) of this Code.
[Amended by Res. 2548, 3-12-2019]
(a) If
the residential applicant has not promptly paid previous water bills
or has a credit history indicating the applicant is a credit risk,
the applicant shall make a cash deposit of twice the amount of the
normal maximum bill for such property.
(b) If
the commercial or industrial applicant owns the property where service
is requested and has a credit history indicating the applicant is
a credit risk, the applicant shall make a cash deposit of twice the
amount of the normal maximum bill for such property.
(c) If
the commercial or industrial applicant is not the owner of the property
where service is requested, the applicant shall make a cash deposit
of twice the amount of the normal maximum bill for such property.
(d) A deposit shall be made by customers who have received a final notice five or more times within a two-year period, and from every customer whose service is disconnected for nonpayment of water charges. The deposit for the first disconnection for non-payment of water charges is set forth in Section
7-1.106 of this Code. Deposits may be refunded to a customer after one year of service without more than one final notice. Refunds shall be made by a draft upon the district unless the customer expressly request that the refund be made by crediting the amount of the deposit to the account. In the absence of a deposit refund application, the refund of deposits will be made up discontinuance of service and settlement of the closing bill.
(e) Public
agencies and public utilities are not required to make the deposits
required by this section.
[Amended by Res. 2522, 6-27-2017]
An applicant for service to property which can be serviced by
an existing ¾” or 1” connection not installed at
District expense shall pay the subdivision rate for the connection
installation charge.
An existing meter may be reduced in size at no charge. Connection
fees shall not be refunded.
An applicant who does not desire or is not required to make
a cash deposit for capacity fees, shall enter into a deposit agreement.
The General Manager shall present a form of the deposit agreement
to the Board for approval. The deposit agreement shall be recorded
and constitutes a lien against the property for which service is sought.
(a) Whenever
a deposit is required, the General Manager shall establish the amount
of deposit by estimating the District's cost of providing the materials,
equipment or services for which the deposit is made. The deposit shall
be tendered before work is undertaken.
The amount of deposit may be increased by the General Manager,
if the original estimate is inadequate. If the applicant fails to
increase the amount of deposit when requested in writing to do so,
work on the project shall cease.
At the conclusion of the project, the General Manager shall
refund any amounts deposited in excess of costs incurred.
(b) If
the applicant abandons the construction of the improvements, or the
recording of a subdivision for which installation and connection charges
were paid, the installation and connection charges shall be refunded,
with interest, to the applicant upon the applicant's written request,
provided if the facilities necessary to serve the applicant's property
have been installed or direct expenses incurred by the District toward
such service installation, the refund shall be reduced by the amount
of such expenditure.
(c) Installation
or connection fees paid prior to June 22, 1978, will be considered
as a deposit toward the fee or charge which exists at the time service
commences. Connection fees paid on or after June 22, 1979, but before
March 26, 1990, shall be considered full payment of the fee existent
at the time service commences.
(a) The
District may collect delinquent water or sanitation fees pursuant
to this section if a water customer owns and occupies the property
for which the water or sanitation connection fees are delinquent.
(b) A
water customer shall be provided at least 15 days prior written notice
of the District’s intention to collect delinquent sanitation
fees as a part of the customer's water bill. The notice shall invite
the customer's comments, including opportunity to protest the existence
or amount of the debt, the manner of payment and whether installment
payments will be permitted.
(c) The
General Manager shall consider the recommendations of staff, the comments
of the customer, if any, and determine whether the sanitation fees
should be collected as part of the customer's water bill. The decision
of the General Manager shall be presented to the customer in writing
at least 15 days prior to including delinquent sanitation fees as
part of the water bill.
(d) Delinquent
sanitation fees included on the water bill shall be treated the same
as other water charges.