The following terms are defined for purposes of this title:
means a person who applies for water or recycled water service.
means board of Directors of the Carlsbad Municipal Water
District.
means a municipal corporation in the State of California.
means Carlsbad Municipal Water District.
means the metered water or recycled water service connection
from a CMWD water or recycled water pipeline facility, respectively.
includes labor, material, transportation, expense, supervision,
engineering, and other necessary overhead expense.
means any person to whom the CMWD supplies water or recycled
water service under a contract, either expressed or implied, to make
payment therefor.
means the minimum monthly charge to a customer for availability
of service, the revenue from which enables the CMWD to maintain and
operate a water system and a separate recycled water system ready
to deliver to a customer. The delivery charge shall be based on the
size of the water meter that is appropriate to provide service for
the customer.
means plan checking and inspection service fees for review
of water and recycled water facility improvement plans submitted by
applicant, customer or their engineer and subsequent inspection of
the installation of water and recycled water facilities in conformance
with approved standard drawings and specifications.
means the position that reports to the Board of Directors
of the Carlsbad Municipal Water District.
means water or recycled water pipeline extension.
means the position that has been appointed by the Board of
Directors to advise on legal matters.
means the position that reports to the Executive Manager
of the Carlsbad Municipal Water District and is responsible for the
operation and maintenance of the water system and recycled water system.
means any customer using water or recycled water for a building
or landscape irrigation of the site that is not a residential unit
for the purpose of producing goods or services other than the services
of housing, permanent or transient occupants.
means any owner of record, mortgage trustee, or contract
purchaser.
means device to measure the amount of water or recycled water
the customer uses in units where one unit is seven hundred forty-eight
gallons.
means an existing or proposed water or recycled water pipeline
in the water or recycled water distribution system, respectively of
the CMWD.
means the Public Works Director of the City of Carlsbad or
designated representative. The Public Works Director is responsible
for the engineering decisions required for the planning, design, and
construction of CMWD's water and recycled water facilities.
means the fee paid for the planning, design, and construction
of capacity improvements and/or new facilities required for the delivery,
distribution, and storage of recycled water.
means water obtained from the treatment of domestic waste water which is suitable for direct beneficial use or a controlled use that otherwise would not occur and also meets the highest level in conformance with California Code of Regulations, Title 22, Division 4, Chapter 3 (Use of Recycled Water for Irrigation and for Impoundments), currently Sections 60304 and 60305.
means any single-family residential living unit which includes,
but is not limited to, the following: houses, duplexes, apartments,
condominiums, and mobile homes.
means the Risk Manager of the City of Carlsbad.
includes the tapping of a CMWD water or recycled water pipeline
and the laying of a service line from the tapped connection on the
pipeline to the meter location.
means the fee paid for the planning, design, and construction
of capacity improvements and/or new facilities required for the delivery,
distribution, and storage of water.
means potable water fit for human consumption in accordance
with applicable State of California Department of Public Health (CDPH)
standards.
(Ord. 45 § II.1,
2009; Ord. 47 § II. 1,
2019; Ord. 49, 7/16/2024)
No person shall willfully or neglectfully waste water in any
manner whatsoever; and any person having knowledge of any condition
whereby water is being wasted shall notify the CMWD of such fact by
contacting the Executive Manager.
(Ord. 45 § II.2,
2009; Ord. 47 § II.2,
2019; Ord. 49, 7/16/2024)
A.
The Board may, from time to time by resolution, adopt rules and regulations
for the operation and maintenance of the water and recycled water
facilities of the CMWD, and for furnishing water or recycled water
to customers, and may likewise by resolution modify the rates, charges,
fees, and penalties established and imposed by this title, and may
from time to time by resolution prescribe rules for the extension
of water or recycled water pipelines within the boundaries and outside
the boundaries of the CMWD.
B.
The Executive Manager may, from time to time, issue rules and regulations
to carry out the purposes of this title.
(Ord. 45 § II.3,
2009; Ord. 47 § II.3,
2019; Ord. 49, 7/16/2024)
A.
On failure to comply with the rules and regulations established by
the CMWD as a condition precedent to the right to use the water or
recycled water, or to pay rates or any charges imposed, in the time
and manner stated in this title, upon reasonable notice, the water
and recycled water will be shut off until payment of amount due including
a ten percent late fee is received by CMWD. Charges not paid after
forty-four days are considered delinquent and are subject to additional
fees. Charges will continue to accrue until customer notifies the
CMWD to discontinue service. CMWD may be notified in writing or by
calling the City of Carlsbad's Billing Division of the Finance
Department. If the commercial potable water or the recycled water
bill remains unpaid after forty-four days following the mailing date
of such bill, then the Executive Manager may cause the commercial
potable water or the recycled water service to be shut off from the
premises where the delinquency occurs, and the same meter shall remain
shut off until all bills, plus any additional charges shall have been
paid.
B.
Subject to the provisions in CMWD's Residential Potable Water
Service Shutoff Protection Policy for Nonpayment of Charges, if the
residential potable water bill remains unpaid after sixty days following
the mailing date of such bill, then the Executive Manager may cause
the residential potable water service to be shut off from the premises
where the delinquency occurs and the same meter shall remain shut
off until all bills, plus any additional charges shall have been paid.
(Ord. 45 § II.4,
2009; Ord. 47 § II.4,
2019; Ord. 49, 7/16/2024)
No one except an authorized employee of the CMWD or City of
Carlsbad shall turn the water or recycled water on or off from any
building or premises at a service gate valve, angle meter stop valve,
or corporation stop valve located upstream of the meter.
(Ord. 45 § II.5,
2009; Ord. 47 § II.5,
2019; Ord. 49, 7/16/2024)
No person shall in any manner whatsoever meddle, tamper with,
or interfere with any part of the water or recycled water system of
the CMWD.
(Ord. 45 § II.6,
2009; Ord. 47 § II.6,
2019; Ord. 49, 7/16/2024)
Any authorized employee of the CMWD or City of Carlsbad shall
be admitted at all reasonable hours to all open areas of the premises
supplied by water or recycled water to verify facilities are in good
operating condition, to make any repairs, replacements or improvements,
and to verify that rules and regulations are observed by the customer.
(Ord. 45 § II.7,
2009; Ord. 47 § II.7,
2019; Ord. 49, 7/16/2024)
Any authorized employee of CMWD or City of Carlsbad shall have
the right at any time, and at any point where water or recycled water
is used, to install a water or recycled water meter of adequate size,
and enforce collection for the amount of water or recycled water that
shall be used, in accordance with all the ordinances, rules and regulations
of the CMWD governing the consumption of water or recycled water,
and for that purpose may at any time go upon the premises of the customer
of water or recycled water.
(Ord. 45 § II.8,
2009; Ord. 47 § II.8,
2019; Ord. 49, 7/16/2024)
In case any authorized employee or agent of the CMWD or City
of Carlsbad be refused admittance to any premises supplied with water
or recycled water by the CMWD, or on being admitted he or she shall
be hindered or prevented from making such examination or inspection
by any person, or for any reason thereto, the maintenance on such
premises of a vicious dog or animal, or for any other reason, the
Executive Manager of the CMWD may cause the service of water or recycled
water of such premises to be discontinued, after giving written notice
to the owner or occupant thereof of his or her intention to do so.
(Ord. 45 § II.9,
2009; Ord. 47 § II.9,
2019; Ord. 49, 7/16/2024)
Such notice as is provided for in Section 2.04.090 shall be deemed served upon the legal owner or occupant thereof if it is mailed to his or her last known address, and a copy thereof mailed to such premises if his or her mailing address is not at such premises, or a door hanger may be placed at the premises by CMWD or City of Carlsbad employee notifying legal owner or customer of water or recycled water service being shut off, or other method that the Executive Manager determines to be legally sufficient to ensure adequate notification is received by the legal owner or occupant.
(Ord. 45 § II.10,
2009; Ord. 47 § II.10,
2019; Ord. 49, 7/16/2024)
Water or recycled water service may be discontinued until the
customer or owner has given satisfactory assurance to the Executive
Manager that any such employee will not be hindered or prevented from
making such examination or inspection.
(Ord. 45 § II.11,
2009; Ord. 47 § II.11,
2019; Ord. 49, 7/16/2024)
The CMWD will not be responsible for injuries or damages to
buildings or their contents from any water leakage, damage, or earth
movement originating from a break beyond the meter connection.
(Ord. 45 § II.12,
2009; Ord. 47 § II.12,
2019; Ord. 49, 7/16/2024)
The CMWD shall not be responsible for any damage, such as bursting
of boilers, damage to crops or landscaping, the breaking of any pipe
or fixture, stoppage or interruption of water or recycled water supply,
or any other damage resulting from the shutting off of water or recycled
water.
(Ord. 45 § II.
13, 2009; Ord. 47 § II.13,
2019; Ord. 49, 7/16/2024)
It is unlawful for any person to open any fire hydrant, corporation
stop valve, gate valve, angle meter stop valve or to interfere in
any manner with any water service, water connection, or any water
meter attached to any service pipe connected to the water pipelines,
or to turn on or off water or recycled water pipelines of the CMWD,
or to tap, break, or injure any water or recycled water pipeline of
the CMWD, or any reservoir, pumping station or pressure reducing station
of the CMWD, or to tap any water or recycled water service pipe, or
take or draw water from any water pipe or fire hydrant of the CMWD
without paying the established water rate therefor, after having made
written application and received permission therefor as provided by
this title or in anywise to trespass upon the public property of the
CMWD without written permission first being obtained from the CMWD.
(Ord. 45 § II.
14, 2009; Ord. 47 § II.
14, 2019; Ord. 49, 7/16/2024)
All bills for labor and materials furnished, or other charges
not provided for otherwise, shall become due and payable thirty days
from date of mailing.
(Ord. 45 § II.15,
2009; Ord. 47 § II. 15,
2019; Ord. 49, 7/16/2024)
A.
If a dispute arises between any water or recycled water customer
and the CMWD concerning water or recycled water service or the amount
of a water or recycled water bill to such customer, the dispute may
be settled, subject to the approval of the Board, by the Executive
Manager. The final decision and settlement of any such dispute shall
be recorded in the minutes of the Board.
B.
The provisions and procedures provided for in this section are permissive
only and shall in no way affect the other provisions of this title.
(Ord. 45 § II.
16, 2009; Ord. 47 § II.
16, 2019; Ord. 49, 7/16/2024)
Nothing in this title is intended to create a mandatory duty
on behalf of CMWD or the City of Carlsbad and/or its employees under
the Government Tort Claims Act and no cause of action against CMWD
or the City of Carlsbad and/or its employees is created by this chapter
that would not arise independently of the provisions of this title.
(Ord. 45 § II.17,
2009; Ord. 47 § II.17,
2019; Ord. 49, 7/16/2024)
A.
No claim for injuries or damages against the CMWD shall ever be allowed or paid unless there has been first filed with the Secretary to the Board a claim therefor within the time periods required by subsection B of this section. All such claims for damages shall be first verified by the claimant before an officer authorized to administer oaths.
B.
A claim relating to a cause of action for death or for injury to
person or to personal property or growing crops shall be filed not
later than six months after the accrual of the cause of action. A
claim relating to any other cause of action shall be filed not later
than one year after the accrual of the cause of action.
(Ord. 45 § II.18,
2009; Ord. 47 § II.18,
2019; Ord. 49, 7/16/2024)
