When an application for water service is made to the City for any premises the City Manager will estimate the total cost of labor and materials necessary for laying and installing the service pipe and fixtures (including meter and meter box) from the water main to the meter. Upon the payment by the applicant of such estimated cost, the City will proceed to install such service pipe and fixtures. Whenever it appears that such cost has been underestimated, the City Manager will re-estimate such cost and further work on such extension shall cease until the applicant has paid to the City the additional estimated cost. Any excess payment shall be returned to the applicant.
Where application is made for water service for any premises located on a street in which there exists no water main in front of the premises, the City Manager will estimate the total cost of labor and materials for the extension of the nearest main to the front of such premises, and upon payment by the applicant of such estimated cost, the City Manager will proceed to make such extension.
Whenever it appears that such cost has been underestimated, the City Manager will re-estimate such cost, and further work on such extension shall cease until the applicant has paid to the City such additional estimated cost. Any excess payment shall be returned to the applicant.
Except that during any period of threatened or actual shortage of essential services that are provided by the City, the City shall have the right to apportion its available water capacity among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. Such apportionment shall grant priority to housing with units affordable to lower income housing.
The owner of premises on which water service is hereafter installed must install and maintain at a point inside his property line nearest the meter, a wheel handle valve for use of the owner or occupant of the premises. The owner or occupant shall use only such wheel handle valve for shutting off water to his premises, the curb cock being for the exclusive use of the City.
Property outside the City limits requesting new water service connection shall be required to annex or enter into an irrevocable offer to annex the property into the City limits prior to connections to City’s water distribution system. The property will be responsible to install, construct and extend, to the City’s standards, all water mains, lines and water appurtenances to the property boundaries at the sole cost of the property owners and pay all connection fees, impact fees, water meter cost, shut off valves, water service laterals, water valves, fire hydrants and other appurtenances associated with water services to said property.
When a property owner requests reconnection twelve (12) or more months following termination or disconnection of water services, the property owner shall be required to pay all labor, materials and incidental costs, reconnection fees and fifty percent (50%) of the current adopted water impact fees.
The City Council may periodically by resolution adopt rates, rules and regulations for the provision of water service.
(A)
Declaration of Emergency and Imposition of Water Conservation Regulations. The provisions of this Section shall take effect whenever the City Council declares by resolution that a state of emergency due to drought exists in the State of California or the City of San Juan Bautista, and they shall remain in effect for the duration of the state of emergency set forth in the resolution or that the water sources are inadequate to meet at least ninety percent (90%) of projected demands of the City of San Juan Bautista. The declaration shall be based upon the legally required findings including that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply. Persons shall be informed that the City Council made a declaration of emergency and therefore there will be an imposition of water conservation regulations by a posting on the City’s Internet website, and in the following public places: San Juan Bautista City Hall, 311 Second Street, San Juan Bautista; City Library, 801 Second Street, San Juan Bautista; and the Post Office, 301 The Alameda, San Juan Bautista. The City Manager or his or her designee shall take such steps as are necessary to inform the public, which may include the mailing of a notice of imposition of water conservation regulations to persons in the City’s water service area. Imposition of water conservation regulations shall not be enforced until such time as the public has received notice, as set forth herein.
(B)
Application of Regulations. The provisions of this Section shall apply to all persons using or consuming water both inside and outside the City and within the City water service area, and regardless of whether any person using water shall have a contract for water service with the City.
(C)
Precedence of Regulations. Where other provisions of the municipal code, whether enacted prior or subsequent to this Section, are inconsistent with the provisions of this Section, the provisions of this Section shall supersede and control for the duration of the state of emergency set forth in the resolution of the City Council.
(D)
Water Waste Prohibitions. It shall be unlawful, when a declaration of emergency has been declared and emergency regulations are in effect, for any person, firm, partnership, association, corporation, political entity (including the City) or any other Water Department customer to use water for any of the following:
(1)
Landscape watering on any day other than Monday and Thursday, or between the hours of 9:00 a.m. and 5:00 p.m. on any day.
(2)
Washing down sidewalks and driveways.
(3)
Watering outdoor landscapes in a manner that causes excess runoff.
(4)
Washing a motor vehicle with a hose, unless the hose is fitted with a shut-off nozzle.
(5)
Operating a fountain or decorative water feature, unless the water is part of a recirculating system.
(6)
Irrigating turf or ornamental landscapes during and forty-eight (48) hours following measurable precipitation.
(7)
Serving water to customers in restaurants or other food service establishments, other than by request.
(8)
Laundering towels and linens daily in hotels and motels without offering the option of choosing not to have them laundered, or not prominently displaying notice of this option.
(E)
Penalties. While nothing in this Section is intended to limit or otherwise restrict the potential application of all available civil and criminal penalties for violations of the State and local water use restrictions, there is value in an education-based approach in encouraging water conservation, therefore staff will first attempt to achieve compliance by providing customers with reasonable notice of the alleged violation and an opportunity to correct the problem, before issuing fines for willful and repeated violations. Fines after a warning for violation of water restrictions are as follows:
(F)
Exceptions. Any request for an exception to the provisions of this Section shall be made in writing to the City Manager and shall document the reasons why there is no other alternative to the water waste restrictions and the damages resulting from adherence to the restrictions. The City Manager shall issue an exception, in writing, or deny the exception request, in which case, his or her decision shall be final.