TITLE VII—PUBLIC WORKS

CHAPTER 3—WATER

(Ord. 913, 1/19/1979; Ord. 929, eff. 12/1/1979; Ord. 1193, eff. 7/31/1992; Ord. 1194, eff. 9/4/1992; Ord. 1239, eff. 8/4/1995; Ord. 1360, eff. 6/1/2007)

ARTICLE 1—GENERAL PROVISIONS

Sec. 7600 Words and phrases.

For the purpose of this Chapter, all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number; and all words in the singular number shall include the plural number.

Sec. 7601 Water system.

The City will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving and distributing water for public and private uses, including all parts of said system, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment.

Sec. 7602 Pressure conditions.

All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the City harmless for any damages arising out of low pressure or high pressure conditions of interruptions in service.

Sec. 7603 Tampering with City property.

No one except an employee or representative of the City shall at any time in any manner operate the curb cocks or valves, main cocks, gates or valves of the City’s system; or interfere with meters or their connections, street mains or other parts of the water system.

Sec. 7604 Penalty for violation. (Ord. 1193, eff. 7/31/1992)

For the failure of the customer to comply with all or any part of this Chapter, and any ordinance, resolution or order fixing rates and charges of the Water System, a penalty for which has not hereafter been specifically fixed, the customer’s service shall be discontinued and the water shall not be supplied such customer until he shall have complied with the rule or regulation, rate or charge which he has violated or, in the event that he cannot comply with said rule or regulation, until he shall have satisfied the City that in the future he will comply with all the rules and regulations established by ordinance of the City and with all rates and charges of the Water System. In addition thereto, he shall pay the Water System a fee as set forth in the Schedule of Fees adopted by resolution of the City Council for renewal of his service.

Sec. 7605 Ruling final.

All rulings of the City Council shall be final. All rulings of the City Manager shall be final unless appealed in writing to the Council within five (5) days. When appealed, the Council’s ruling shall be final.

Sec. 7606 Pools and tanks.

When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the Public Works Department prior to taking such water.

Permission to take water in unusual quantities will be given only if it can be safely delivered through the City’s facilities and if other consumers are not inconvenienced thereby.

Sec. 7607 Responsibility for equipment.

The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and neither the City nor the Public Works Department shall be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permitters in installing, maintaining, operating or interfering with such equipment. Neither the City nor the Public Works Department shall be responsible for damage to property caused by faucets, valves and other equipment that are open when water is turned on at the meter, either originally or when turned on after a temporary shutdown.

ARTICLE 2—DEFINITIONS

Sec. 7620 Distribution mains.

Distribution mains mean water lines in streets, highways, alleys and easements used for public and private fire protection and for general distribution of water.

Sec. 7621 Service or service connection.

Service or service connection means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water service from distribution main to premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

Sec. 7622 Public fire protection service.

Public fire protection service means the service and facilities of the entire water supply, storage and distribution system of the City, including the fire hydrants affixed thereto, and the water available for fire protection excepting house service connections and appurtenances thereto.

Sec. 7623 Regular water service.

Regular water service means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefore.

Sec. 7624 Temporary water service.

Temporary water service means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefore.

Sec. 7625 Private fire protection service.

Private fire protection service means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefore.

Sec. 7626 Premises.

Premises means a lot or parcel of real property under one ownership, except that any separate structure may be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.

Sec. 7627 Backflow. (Ord. 1239, eff. 8/4/1995)

Backflow means the undesirable reversal of the flow of water, or other liquids, mixtures, gases, or other substances into or towards the City’s water system from any source or sources.

Sec. 7627.5 Cross-Connection. (Ord. 1239, eff. 8/4/1995)

Cross-connection means any unprotected actual or potential connection or structural arrangement between a public potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.

Sec. 7628 Owner.

Owner means the person owning the premises in fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the County Recorder’s Office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of owner.

Sec. 7629 Person.

Person means any human being, individual, firm, company, partnership, association and private or public or municipal corporation, the United States of America, the State of California, and any district, political subdivision, governmental agency and mandatory thereof.

Sec. 7630 Cost.

Cost means the cost of labor, material, transportation, supervision, engineering and all other necessary expenses.

Sec. 7631 Living Unit.

Living unit means any residence, apartment house, habitation or other structure customarily occupied by a single person or family and which contains facilities for the preparation of meals.

ARTICLE 3—NOTICES

Sec. 7640 Notices to customers.

Notices to a customer will normally be given in writing, and either delivered or mailed to him at his last known address as appears in City’s records.

Where conditions warrant and in emergencies, City may resort to notification either by telephone or messenger.

Sec. 7641 Notices from customers. (Ord. 1193, eff. 7/31/1992)

Notice from the customer to the City may be given by him or his authorized representative in writing to the Director of Environmental Services.

ARTICLE 4—APPLICATION FOR REGULAR WATER SERVICE

Sec. 7680 Application for service to premises with a service connection.

Each applicant for water service shall be required to produce identification verifying his name, address, and telephone number.

Sec. 7681 Application for water service—no existing service connection.

Applications for regular water service, where no main extension is required, shall be made upon a form provided by the City.

Sec. 7682 Undertaking of applicant.

Each such application will signify the customer’s willingness and intention to comply with this Chapter and all ordinances or regulations relating to the regular water service and to make payment for water service required.

Sec. 7683 Payment for previous service.

An application will not be honored unless payment in full has been made for water service previously rendered to the applicant by the City.

Sec. 7684 Installation of services.

Regular water service will be installed at the location desired by the applicant of the size determined by the Public Works Department. Service installations will be made only to property abutting on public streets or abutting on such distribution mains as may be constructed in alleys or easements.

Sec. 7685 Changes in customer’s equipment.

Customers making any material change in the size, character or extent of the equipment or operations utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the Director of Public Works written notice of the nature of the change and, if necessary, amend their application.

Sec. 7686 Installation charges.

Charges within and without the corporate limits of the City, payable in advance, for the installation of new services and meters, shall be established from time to time by resolution of the City Council.

Sec. 7687 Installation charges when meter box and connections made by subdivider.

In the case of subdivisions, the developer may be permitted to make a part of the installation at his expense. This will include all labor and materials except those hereinafter designated to be furnished by the Water Department. The Water Department will furnish and install the meter and the nipple for connection on the customer’s side, inspection, and turn-on-service to the developer only. Service lines must be installed before the Water Department will install the meter. The meter will be installed after approval by the Water Department.

Charges within and without the corporate limits of the City, payable in advance, for the above indicated installation shall be established from time to time by resolution of the Council.

Sec. 7688 Water deposits for services.

An applicant for water services shall pay a deposit for water services as set forth in the Schedule of Fees adopted by resolution of the City Council.

ARTICLE 5—MAIN EXTENSIONS

Sec. 7700 Main extensions.

The following rules are established:

(a)    DETERMINATION. Upon receipt of any application for water service or request for an application form, the Public Works Department shall determine whether in its judgment a main extension is necessary to provide service. A main extension shall be installed in the manner provided in this Article whenever, in the judgment of the Public Works Department, such main extension is necessary to provide regular water service to property described in such application or request.

(b)    APPLICATION. Any owner of one or more lots or parcels or subdivider of a tract of land where, in the opinion of the Director of Public Works, one or more main extensions is required, desiring regular water service to serve such property, shall make a written application therefore to the Public Works Department, said application to contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the Public Works Department, and be accompanied by a map showing the location of the proposed connections.

(c)    INVESTIGATION. Upon receipt of the application, the Public Works Department shall make an investigation of the proposed extension, and reject, amend or approve the application.

(d)    CITY LINE. All extensions thus provided for, in accordance with these regulations, shall be and remain the property of the City.

(e)    EXTENT AND DESIGN. All main extensions shall extend to the far property line of developed property; provided, however, that in any particular case where the Director of Public Works and the City Engineer determine that compliance with this restriction is impractical for topographical reasons, and for said reasons recommend in writing to the City Council that such compliance be not required in said case. All main extensions shall be subject to design approval by the Public Works Department.

Sec. 7701 General.

The City will provide all main extensions upon application for service and approval thereof by the Public Works Department.

Sec. 7702 Determination.

If, in the opinion of the Public Works Department, the cost thereof is in excess of what the City is prepared to advance, or it questions the economic advantage to the City of making such advance, it shall determine the cost of such extension including all engineering, inspection and other expenses attributable to the line.

Sec. 7703 Advance cost.

When the Public Works Department so determines, the applicant shall advance the amount of such estimate, and the line shall be installed by the Public Works Department. If the amount of the advance deposit exceeds the actual cost of construction, engineering, legal, inspection and other charges attributable to the extension, the balance shall be refunded to the property owner. If the amount of the deposit is insufficient to pay all the costs of construction, engineering, legal, inspection and other charges attributable to the extension, the property owner shall advance a sum sufficient to pay all such costs to the City prior to the acceptance of the extension by the Public Works Department. Where, in the opinion of the Director of Public Works, it is in the best interest of the City to have construction and/or engineering performed by properly licensed private contractors or engineers, rather than by City personnel, work shall be thus performed. The deposit shall be in the form of cash or bond, or a combination of both, form and amounts to be determined by the Director of Public Works.

Sec. 7704 Refund agreement.

The Director of Public Works may, as provided by State law, recommend that the City Council enter into an agreement to reimburse a subdivider, school district or other person for a portion of the cost of extending community water mains. Such agreements shall be in effect for a maximum period of five (5) years after the date of such agreements.

ARTICLE 6—GENERAL USE REGULATIONS

Sec. 7740 Number of services per premises. (Ord. 913, 1/19/1979)

The applicant may apply for as many services as may be reasonably required for his premises provided that the pipe line system from each service be independent of the others and that they not be interconnected. The cost of all services shall be borne by the applicant. Parcels under separate ownership shall not be allowed to be connected to single water service.

Sec. 7741 Water waste.

No customer shall permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the Public Works Department may discontinue the service if such conditions are not corrected.

Sec. 7741.5 Emergency water conservation requirements.

A.    Findings. The City Council for the City of Arcata finds as follows:

1.    On January 17, 2014, the Governor issued a proclamation declaring a state of emergency exists in California based on severe drought conditions.

2.    On April 25, 2014, the Governor issued a proclamation of a continued state of emergency based on continued drought conditions.

3.    On April 1, 2015, based on continued drought conditions, the Governor issued an executive order directing the State Water Resources Control Board ("State Board") to develop regulations that impose restrictions on water service suppliers to achieve Statewide a twenty-five percent (25%) reduction in potable urban usage through February 28, 2016; to require commercial, industrial, and institutional users to implement water efficiency measures; to prohibit irrigation with potable water of ornamental turf in public street medians; and to prohibit irrigation outside newly constructed homes and buildings with potable water that is not delivered by microspray systems.

4.    On May 7, 2015, the State Board adopted amendments to prior State Board emergency water conservation regulations to implement the Governor’s April 1, 2015, executive order ("emergency regulation").

5.    Pursuant to the emergency regulation, the City of Arcata must require its water customers to implement specific Statewide water conservation measures, and, additionally, must reduce the City’s residential gallons per capita day (R-GPCD) water usage by eight percent (8%) for each month as compared to water usage in the same month of 2013, effective June 1, 2015.

6.    This Section is intended to implement the State Board’s emergency regulation and provide notice to the City’s water customers about the applicable prohibitions and restrictions that are in effect.

B.    Mandatory Water Conservation Measures. To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need, to comply with a term or condition in a permit issued by a State or Federal agency, or if pursuant to specific water conservation policy adopted by resolution of the City Council:

1.    The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures.

2.    The application of potable water to outdoor landscapes and turf during and within forty-eight (48) hours after measurable rainfall.

3.    The application of potable water to outdoor ornamental landscapes and turf more than four (4) days per calendar week except for commercial nurseries.

4.    The application of potable water to outdoor landscapes and turf between the hours of 10:00 a.m and 6:00 p.m.

5.    The application of potable water to outdoor landscapes and turf by hose; except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use or to meet the initial watering requirements of newly planted landscaping and newly seeded lawns.

6.    The irrigation with potable water of ornamental turf on public street medians except where necessary to protect trees.

7.    The irrigation with potable water of landscapes outside of newly constructed homes and building in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.

8.    The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use.

9.    The application of potable water to hard surfaces including, but not limited to, driveways, sidewalks, patios, parking lots, streets, or similar surfaces except as necessary by the City for street sweeping and to otherwise protect the public health or safety.

10.    The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.

11.    The serving of drinking water other than upon request in 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.

12.    The failure of hotel and motel operators to prominently display in each guest room using clear and easily understood language a notice of the option for guests to choose not to have towels and linens laundered daily. (Ord. 14621, eff. 6/17/2015)

Sec. 7742 Responsibility for equipment on customer premises.

All facilities installed by the Public Works Department on private property for the purposes of rendering water service shall remain the property of the City and may be maintained, repaired or replaced by the Public Works Department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining said facilities on private property. No persons shall place or permit the placement of any object in a manner which will interfere with the free access to a meter box or will interfere with the reading of a meter.

Sec. 7743 Damage to water system facilities.

The customer shall be liable for any damage to the City-owned customer water service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer’s premises. The Public Works Department shall be reimbursed by the customer for any such damage promptly on presentation of a bill.

Sec. 7744 Ground-wire attachments.

All persons are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the Public Works Department; the City will hold the customer liable for any damage to its property occasioned by such ground-wire attachments.

Sec. 7745 Control valve on the customer property.

The customer shall provide a valve on his side of the service installation as close as is practicable to the meter location, street, highway, alley or easement in which the water main serving the customer’s property is located, to control the flow of water to the piping on his premises. The customer shall not use the service curb stop to turn water on and off for his convenience.

Sec. 7747 Direct connections to stationary steam boilers, etc.

No person shall draw water from City pipes directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus.

Where City water is used to supply a steam boiler, hydraulic elevator or power pump, its owner shall provide tankage of sufficient capacity to afford a supply of at least twelve (12) hours, into which the service pipe shall be discharged.

Sec. 7748 Water and services for city purposes.

All services furnished to the City shall be paid for at the rates established by this Chapter, and all water furnished to the City shall be paid for at the meter rates established by this Chapter or any resolution adopted pursuant to it.

For the purpose of applying the meter rates, un-metered water used for sewer flushing shall be considered as having been furnished through a single meter. Un-metered water used for street sweeping, watering trees, storm drain flushing, construction purposes by City forces, and all miscellaneous uses not herein specifically mentioned, shall be deemed to have been furnished through a single meter. The monthly volume of un-metered water used for such purposes shall be estimated by the City Manager, and charges for such water shall be made in accordance with such estimate.

Sec. 7749 Interruptions in service.

The City shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the Public Works Department. Temporary shutdown may be made by the Public Works Department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. The City will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strikes, riots, war or any other cause not within its control.

Sec. 7750 Ingress and egress.

Representatives from the Public Works Department shall have the right of ingress and egress to the customer premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.

ARTICLE 7—METERS

Sec. 7760 Installation.

All services shall be metered. The sum of money set forth in Section 7686 shall be paid to the City prior to installation of the meter facilities to pay all of the cost of said installation when said installation is made at the request of the customer. The service connection, whether located on public or private property, is the property of the City, unless specifically otherwise provided, and the Public Works Department reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.

Sec. 7761 Service connections.

When service has been approved by the Public Works Department, the Public Works Department will furnish and install a service at such location as the applicant requests, provided such requests are reasonable; the service will be installed from its water distribution main to the curb line or property line of the premises which may abut on the street, on other thoroughfares, or on the City’s right of way or easement. Charges for new services are payable in advance and shall be in accordance with Section 7686.

Only duly authorized employees or agents of the Public Works Department will be permitted to install a service connection from the City’s main to the customer’s premises.

Sec. 7762 Meter installations. (Ord. 1193, eff. 7/31/1992)

Meters will be installed at the curb or within the easement, and shall be owned by the City and installed and removed at its expense. No rent or other charge will be paid by the City of Arcata for a meter or other facilities, including housing and connections, located on a customer’s premises. All meters will be sealed by the Public Works Department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.

Sec. 7763 Change in location of meters.

Meters moved for the convenience of the customer will be relocated at the customer’s expense. Meters moved to protect the City’s property will be moved at its expense.

Sec. 7764 Changes in size of meter.

Changes in size of meter will be made on request of the customer. If the request is for a smaller meter than the existing one, it will be installed by the Public Works Department without charge. If a larger meter is requested, the customer shall pay the difference between the installation charge for the existing meter and the installation charge for the new meter, as set forth in Section 7686. If a new service is required, the full charge established in Section 7686 shall be collected.

Sec. 7765 Meter reading. (Amd.Ord. 1360, eff. 6/1/2007)

Meters will be read periodically as determined by the Finance Director.

Sec. 7766 Meter tests - deposit. (Ord. 1193, eff. 7/31/1992)

All meters will be tested prior to installation and no meter will be installed which registers more than two percent (2%) fast. If a customer desires to have the meter serving his premises tested, he shall first deposit a fee as set forth in the Schedule of Fees adopted by resolution of the City Council. Should the meter register more than two percent (2%) fast, the deposit will be refunded, but should the meter register less than two percent (2%) fast, the deposit will be retained by the City.

Sec. 7767 Adjustment for meter errors - fast meters.

If a meter tested at the request of a customer pursuant to Section 7766 is found to be more than two percent (2%) fast, the excess charge for the time service was rendered the customer requesting the test or for a period of six (6) months, whichever shall be the lesser, shall be refunded to the customer.

Sec. 7768 Adjustment for meter errors - slow meters.

If a meter tested at the request of a customer pursuant to Section 7766 is found to be more that twenty-five percent (25%) slow in the case of domestic services, or more than two percent (2%) slow for other than domestic services, the Finance Department may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six (6) months, that the meter was in use.

Sec. 7769 Non-registering meters.

If a meter is found to be not registering, the charges for service shall be at the minimum monthly rate or based on the estimated consumption for a comparable period or by such other methods as is determined by the Finance Department, and its decision shall be final.

ARTICLE 8—BILLING

Sec. 7780 Billing period. (Amd. Ord. 1194, eff. 9/4/1992)

The regular billing period will be monthly.

Sec. 7781 Opening and closing bills. (Amd. Ord. 1194, eff. 9/4/1992)

Opening and closing bills for less than the normal billing period shall be prorated both as to minimum charges and quantity blocks. If the total period for which service is rendered is less than two weeks, the bill shall not be less than one-half (1/2) of the monthly minimum charge applicable. Closing bills may be estimated by the Finance Department for the final period as an expediency to permit the customer to pay the closing bill at the time service is discontinued.

Sec. 7782 Payment of bills. (Amd. Ord. 1194, eff. 9/4/1992)

Bills for water service shall be rendered at the end of each billing period. Bills shall be payable on presentation.

Sec. 7783 Billing of separate meters not combined.

Separate bills will be rendered for each service connection or meter installation except where the Public Works Department has, for its own convenience, installed two or more meters in place of one meter. Where such installations are made, the meter readings will be combined for billing purposes.

ARTICLE 9—DISCONTINUANCE OF SERVICE

Sec. 7800 Disconnection for non-payment.

Service may be discontinued for non-payment of bills on or after the 60th day after the bill was sent. At least fifteen (15) days prior to such discontinuance the customer will be sent a final notice informing him that discontinuance will be enforced if payment is not made within the time specified in said notice. The failure of the Finance Department to send, or any such person to receive, said notice shall not affect the City’s power hereunder. A customer’s water service may be discontinued if water service furnished at a previous location is not paid for within the time herein fixed for payment of bills.

If a customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off. Domestic service, however, will not be turned off for non-payment of bills for other classes of service.

Sec. 7801 Reconnection charges. (Ord. 1193, eff. 7/31/1992)

Water service charges not paid 60 days after the billing date shall be delinquent and a penalty of 10% of the delinquent amount shall be assessed. A penalty as set forth in the Schedule of Fees adopted by resolution of the City Council shall be collected. In addition to the above penalty, the Finance Department may demand that the full amount of both delinquent and current bills be paid prior to restoration of service.

A service charge as set forth in the Schedule of Fees adopted by resolution of the City Council shall be assessed whenever a non-sufficient funds or otherwise deficient check is presented in payment of a water bill.

A change of service charge as set forth in the Schedule of Fees adopted by resolution of the City Council shall be assessed whenever a new customer begins water service with the City following discontinuance of such service at the same location by a previous customer.

Sec. 7802 Unsafe apparatus.

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers.

Sec. 7803 Cross-connections.

Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of State or Federal laws.

Sec. 7804 Fraud or abuse.

Service may be discontinued if necessary to protect the City against fraud or abuse.

Sec. 7805 Non-compliance with regulations.

Service may be discontinued for non-compliance with this or any other ordinance or regulations related to the water service.

Sec. 7806 Upon vacation of premises. (Amd. Ord. 1194, eff. 9/4/1992)

Customers desiring to discontinue service should so notify the Finance Department one (1) day prior to vacating the premises. Unless discontinuance of service is ordered the customer shall be liable for charges whether or not any water is used.

Sec. 7807 Short term disconnection. (Amd. Ord. 1194, eff. 9/4/1992)

Upon notification to the Finance Department, short term disconnections will be made where the time involved comprises multiples of the minimum billing period.

ARTICLE 10—COLLECTION BY SUIT

Sec. 7820 Suit.

All unpaid rates and charges herein provided may be collected by suit.

Sec. 7821 Costs.

Defendant shall pay all costs of suit in any judgment rendered in favor of the City.

ARTICLE 11—PUBLIC FIRE PROTECTION

Sec. 7840 Use of fire hydrants.

Fire hydrants are for use by the City, or by organized fire protection agencies. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the Public Works Department prior to use and shall operate the hydrant in accordance with instructions issued by the Public Works Department. Unauthorized use of hydrants will be prosecuted according to law.

Sec. 7841 Moving of fire hydrants.

When a fire hydrant has been installed in the location specified by the proper authority, the City has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes, without refund. Any changes in the location of a fire hydrant must be approved by the Public Works Department.

ARTICLE 12—PRIVATE FIRE PROTECTION SERVICE

Sec. 7860 Adequate prevention - General.

A private fire protection service connection, two (2) inch pipe size and larger, will be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing.

Sec. 7861 No connection.

No person shall make, or allow to exist, any connection to any portion of any line used exclusively for un-metered private fire service or for any other purpose.

Sec. 7862 Check valve and by-pass meter. (Ord. 929, eff. 12/1/1979)

There shall be installed on all fire line connections, two (2) inch pipe size and larger, used exclusively for un-metered private fire service, a detector check valve of a type approved by the National Board of Fire Underwriters and equipped with a by-pass meter unless the fire line connection is used strictly to provide a water supply to automatic sprinkler system. In this case, the check valves and alarms for the sprinkler system shall meet this requirement. When a check valve is required, the installation shall be located within the public streets, alleys or right-of-ways or as approved by the Director of Public Works.

Sec. 7863 Payment. (Ord. 1193, eff. 7/31/1992)

The applicant for private fire protection service shall pay in advance the estimated cost for installing the service connection complete with a detector check valve and bypass meter as may be required by Section 7862. The charge for such installation for two (2) inch pipe size and larger, will be based on the Public Works Department’s estimate of the total cost of all labor, materials, equipment, and other costs incidental to the installation, including the cost of the detector check valve and bypass meter, except that, in the case of private fire service connections with detector check valve and bypass meters installed without the corporate limits of the City, an additional charge of a fee, as set forth in the Schedule of Fees adopted by resolution of the City Council will be made.

Sec. 7864 Title.

The service connection and all equipment appurtenant thereto, including the detector check valve and by-pass meter assembly, shall be the sole property of the City, and no part of the cost will be refunded to the applicant.

Sec. 7865 Use.

The un-metered private fire service line shall be used only for fighting accidental fires and for testing the fire prevention system. No charge will be made for water used for these two purposes only.

Water lost through leakage, or used in violation of these regulations, shall be paid for by the applicant at double the rate charged for general use.

The Public Works Department shall read such by-pass meters for purposes of detecting any unauthorized use of water through the system. If water is used in violation of these regulations, the Public Works Department may, at its option, discontinue and remove the service.

Sec. 7866 Rates.

The rates for fire service and water consumed by private un-metered fire lines used exclusively for fire protection, whether such lines be connected with automatic sprinkler systems, fire hydrants or to other types of hose attachments, shall be established by resolution of the Council from time to time.

Sec. 7867 Water pressure and supply.

The Public Works Department does not guarantee pressure or continuous supply, nor will it accept responsibility at any time for the maintenance of pressure in its lines, nor for increases or decreases in pressure. All persons applying for, or receiving water service, shall be deemed to have consented to such conditions of pressure and service as are provided by the distribution system at the location served, and to hold the City harmless from any damages arising out of low pressure or high pressure conditions or interruptions of service.

The Public Works Department reserves the right at any and all times, without notice, to shut off water for the purpose of making repairs, extensions, alterations or improvements, and to increase or reduce pressures as a part of its operations. Neither the City nor the Public Works Department nor its officers, employees or agents shall incur any liability of any kind whatsoever for any damage to persons or property caused in any manner by the use of water beyond its meters.

Customers depending upon a continuous and uninterrupted supply shall provide emergency storage, oversize piping, pumps, tanks, pressure regulators, check valves, or other means for a continuous supply or to safeguard their facilities.

ARTICLE 13—TEMPORARY SERVICE

Sec. 7880 Duration of service.

Temporary service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the Public Works Department.

Sec. 7881 Deposit. (Ord. 1193, eff. 7/31/1992)

The applicant shall deposit, in advance, an amount, as set forth in the Schedule of Fees adopted by resolution of the City Council, for each inch of service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material, shall be determined and an adjustment made as an additional charge, refund or credit.

If service is supplied through a fire hydrant, the applicant will be charged in accordance to the rate schedule set forth in the Schedule of Fees adopted by resolution of the City Council.

Sec. 7882 Installation and operation.

All facilities for temporary service to the customer connection shall be made by the Public Works Department and shall be operated in accordance with its instructions.

Sec. 7883 Responsibility for meters and installation.

The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the Public Works Department which are involved in furnishing the temporary service from the time they are installed until they are removed, or until forty-eight (48) hours notice in writing has been given to the Public Works Department that the contractor or other person is through with the meter or meters and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer.

Sec. 7884 Temporary service from a fire hydrant.

If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the proper authority and the Public Works Department. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.

Sec. 7885 Unauthorized use of hydrants.

Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is a misdemeanor, punishable by law.

Sec. 7886 Rates and Charges. (Ord. 1193, eff. 7/31/1992)

The water rates for temporary service shall be in accordance with rates for regular service. Such rates shall be set forth in the Schedule of Fees adopted by resolution of the City Council. There shall be a minimum charge for water as set forth in the Schedule of Fees adopted by resolution of the City Council.

In addition, any person desiring temporary service from a fire hydrant shall pay fees, as set forth in the Schedule of Fees adopted by resolution of the City Council, for the following services:

A.    A deposit, in advance of use, for the meter.

B.    A charge for delivering and connecting the meter.

C.    A daily meter rental charge.

D.    A charge for retrieving the meter.

Any monies due City shall be billed to the user in the customary manner together with his water bill. If the charges in Sec.7886 (B) through 7886 (D) above do not exceed the deposit, the user shall be given a refund.

Sec. 7887 Credit.

The applicant shall pay the estimated cost of service in advance, or shall be otherwise required to establish credit.

ARTICLE 14—RATES

Sec. 7920 Water service charges.

All water service charges shall be as established from time to time by resolution of the City Council.

Sec. 7921 Service charge adjustments. (Amd. Ord. 1194, eff. 9/4/1992)

In the event of a leak in a utility customer’s private water system, a service charge adjustment may be made, provided the leak has been repaired in a timely manner. The adjustment will be based on the water consumption for the same billing period in the prior year.

Sec. 7922 General adjustments. (Ord. 913, 1/19/1979)

If for any reason a customer feels that an adjustment of their water billing is warranted, the customer shall set forth his contention in writing to the Finance Director, who shall approve or reject the claim. The customer may appeal that decision to the City Council in writing, within 10 days of the Finance Director’s determination. Any such adjustment granted will be retroactive for a period not to exceed 5 years or for such period of time as customers water records are available.

ARTICLE 15—FLUORIDATION

Sec. 7940 Fluoridation.

The City Council of the City of Arcata is hereby authorized, in its discretion, and upon such terms and conditions as said City Council shall specify, to provide for the addition of fluoride to the water supplied by the Public Works Department to its customers in an amount of approximately one and not more than 1.2 parts of fluoride to one million parts of water.

Sec. 7975 Charges for engineering services.

As a charge for the processing and checking of maps or plans by the Department of Public Works for any firm or individual, the firm or individual shall pay to the City the current hourly charge as determined by the Finance Director. This section shall not apply to the processing and checking of maps or plans for subdivisions within the City.

ARTICLE 16—BACKFLOW PREVENTION

(Ord. 1239, eff. 8/4/1995)

Sec. 7976 Purpose and Policy.

Pursuant to the Safe Drinking Water Act Amendments of 1986, Public Law 99-339, and the California Code of Regulations, Title 17, Public Health, the City of Arcata as a water supplier has primary responsibility for preventing water from unapproved sources or any other substance from entering and thereby contaminating the public potable water system. Accordingly, the purpose of this ordinance is to prevent backflow from occurring by requiring the installation of backflow prevention assemblies at residential, commercial and industrial cross-connections where the potential for contamination exists. The type of assembly required will be commensurate with the degree of hazard posed by the specific potential contamination. To meet this goal, this Ordinance adopts as its cross-connection control program, industry standards for the design, construction, installation, maintenance, inspection and repair of backflow prevention assemblies as developed by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California. Said industry standards are updated regularly and satisfy the statutory requirements referenced herein for backflow prevention.

Sec. 7977 Implementation.

The Director of Environmental services ("Director"), or designee, shall be responsible for implementing this Ordinance. The Department of Environmental Services shall employ at least one (1) person trained in cross-connection control.

Sec. 7978.1 Cross-Connection Control Standards.

The City hereby adopts as its program for cross-connection control, all standards, guidelines and requirements set forth in the most current edition of the Manual of Cross-Connection Control prepared by the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California. The design, construction, installation and maintenance of backflow prevention assemblies shall be in accordance with said Manual. Said Manual is generally updated every eighteen months or two years, hence the water user shall be responsible for following the standards, guidelines and requirements of the appropriate edition. A copy of said Manual shall be on file with the Director and available for public use. To the extent any provision is inconsistent with regulations adopted by the State Department of Health Services and located in California Code of Regulation, Title 17, the provision found in Title 17 shall control.

Sec. 7978.2 Director’s Discretion.

In the event a particular cross-connection or unapproved water source is not governed by the requirements and provisions of the Manual of Cross-Connection Control, the Director shall determine whether a backflow prevention assembly is necessary to protect the City’s water supply and, if so, the level of protection needed. Said determination shall be made in the best judgment of the Director and in accordance with the standards set forth in the Manual of Cross-Connection Control.

Sec. 7978.3 Approved Backflow Prevention Assembly Requirement.

If, in accordance with the Manual of Cross-Connection Control or in the Director’s judgment, an approved backflow prevention assembly is required for the safety of the City’s water system, the Director shall give notice in writing to the owner of the premises where the cross-connection exists of the backflow prevention assembly requirement. If the water use is domestic/residential, the Director shall install said backflow prevention assembly. If the water use is commercial/industrial, the owner of the property and owner of the commercial/industrial enterprise shall be responsible, jointly and severally, to ensure that an approved backflow prevention assembly is immediately installed at his, her or their own expense. Failure, refusal, or inability to install such assembly immediately, and in no case more than thirty days after notice, shall constitute grounds for discontinuing water service to the premises until compliance with this Ordinance is achieved.

Sec. 7978.4 Approval of Backflow Prevention Assemblies.

All backflow prevention assemblies, whether installed by the City water user, or owner of property shall be assemblies approved by the Director or a person or entity who is competent and possesses the necessary facilities and certifications, as determined by the Director, to investigate and evaluate backflow prevention assemblies and is employed independently of backflow prevention assembly manufacturing companies.

Sec. 7978.5 Certified Annual Inspection and Testing.

A.    Annual Inspection and Testing: At least once per year the Director shall conduct, or cause to conduct, a certified inspection and operational test of each backflow prevention assembly installed. In those instances where the Director deems the degree of hazard to warrant more frequent testing, he/she may perform, or cause to perform, certified testing and inspection of the backflow prevention assembly as necessary. The Director shall immediately repair or replace, or cause to repair or replace, defective backflow prevention assemblies located at domestic/residential water services. If the water use is commercial/industrial, the owner of the property or owner of the commercial/industrial enterprise shall be responsible, jointly and severally, for repair or replacement of defective backflow prevention assemblies. The owner of a commercial/industrial enterprise may assume responsibility to conduct or cause to conduct the required inspection and testing by following the procedure specified in Section 7978.5(B).

B.    Alternative Procedure for Commercial/Industrial: As an alternative to the Director’s undertaking to conduct inspection and operational testing required herein, the owner of a commercial/industrial enterprise may conduct, or cause to conduct, the inspection and operational testing after providing written notice to the Director at least five (5) business days in advance, specifying the date, time and person or entity expected to conduct the inspection and test. Inspection and testing must be conducted by an American Waterworks Association certified backflow tester. The Director reserves the right to observe the testing or inspection. If the Director determines any procedural irregularity exists, he/she may conduct or cause to conduct an additional inspection and test, at the owner’s expense. Written inspection, test and/or repair results must be provided to the Director in a timely fashion. Backflow prevention assemblies shall be repaired or replaced immediately upon discovery of a defective condition.

Sec. 7978.6 Record Keeping.

The Director shall maintain records of locations, tests and repairs of backflow prevention assemblies.

Sec. 7978.7 Backflow Charges and Fees.

A.    Determination of Fees: The City Council may adopt by resolution reasonable charges and fees for payment of the costs of backflow prevention. SDaid charges and fees may be established as an annual rate for domestic/residential customers, and on a per service basis for commercial/industrial customers, and may include costs associated with the following:

1.    The initial purchasing of backflow prevention assemblies;

2.    The installation, inspection, testing, repair and replacement of backflow prevention assemblies located at residential water services;

3.    The installation, inspection, testing, repair and replacement of backflow prevention assemblies located at industrial or commercial water services;

4.    The enforcement of this Ordinance, including all charges for labor, materials, testing and administrative overhead;

5.    Penalties for late payment;

6.    Other fees the Council may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines and penalties charged by the City.

B.    Domestic/Residential Billing: Bills for domestic/residential backflow prevention shall be rendered at the end of the monthly billing period, and shall be payable on presentation.

C.    Commercial/Industrial Billing: Bills for commercial or industrial backflow prevention shall be payable on presentation. Presentation shall be made to either the property owner or enterprise owner as specified herein.

Sec. 7978.8 Collection by Suit.

All unpaid rates and charges herein provided may be collected by suit. The defendant shall pay all costs of such suit in any judgment rendered in favor of the City.

Sec. 7979 Penalties for Non-Compliance.

A.    Actions Available: In the event a customer or property owner is determined to be in violation of this Ordinance, the City may take any and all administrative and/or legal action as is available by law.

B.    Discontinuance: Water service may be immediately discontinued if it is found that a residential, commercial or industrial customer has failed to install, test, repair or maintain a backflow prevention assembly as required by this ordinance; or, if unprotected cross-connections exist on the premises and there is inadequate backflow protection at the service connection. Water service will not be restored until such conditions or defects are corrected. Decisions by the Director to discontinue water service shall be considered final.

C.    Notice of Discontinuance: Advance notification of intent to terminate water service shall be commensurate with the hazard to public health, as determined by the Director. Such notice shall be delivered personally to the owner and/or tenant, or by posting on the consumer’s premises, as determined by the Director.

D.    Infraction: Any person violating the provisions of this policy shall be guilty of an infraction.


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    Code reviser’s note: Section 5 of Ord. 1462 states: "This ordinance shall expire without additional action of the City Council on February 28, 2016."