Chapter 27
WATER1

Sections:

ARTICLE I. IN GENERAL

27.1    Definitions.

27.2    Duty of director of finance to keep accounts, make collections, etc.

27.3    Application for water service; contents of application.

27.4    Water meter serving two or more independent consumers.

27.5    Installation of separate services by owner.

27.6    Opening street hydrants, etc.; meddling with street service, etc.; drawing water from mains, etc.

27.7    Permit to tap, etc., water mains or pipes.

27.8    Use of fire hydrants—Generally.

27.9    Same—Permit.

27.10    Damage to fire hydrants, etc.

27.11    Use of water by consumer; leaks; wasting water.

27.12    Deposits by applicants for water service.

27.13    Return of deposits; deduction of unpaid bills; forfeiture.

27.14    Services and water meters to be property of department of public works; maintenance of services and water meters.

27.15    Private connections to city water supply; emergency connections installed by city.

27.16    Bypassing water around meter.

27.17    Examination of meters at consumer’s request—Deposit.

27.18    Same—Replacement of defective meter; refund of deposit.

27.19    Steam boilers, hydraulic elevators, etc.—Supply tank.

27.20    Same—Service valves.

27.21    Replacing caps on fire hydrants.

27.22    Use of fire service for other than fire purposes.

27.23    Duties of plumber connecting service pipe.

27.24    Inspectors to have badge or other credentials.

27.25    Check valves.

27.26    Shut-off valves.

27.27    Location of water meters.

27.28    Faucet required with temporary connections.

27.29    Authority to turn off water in emergency.

27.30    Regulations during water shortages.

27.31    Defective water meters.

27.32    Charges where house, etc., becomes vacant; request for discontinuance of service.

27.33    Reserved.

27.34    Application of chapter in connection with extension of sewer mains.

ARTICLE II. RATES, CHARGES AND COLLECTIONS

DIVISION 1. IN GENERAL

27.35    Established; collector.

27.36    Nonpayment of water bills; notice to consumer.

27.36-1    Penalty for delinquency.

27.36-2    Customer’s checks returned unpaid by banks.

27.37    Reconnection of service upon payment of delinquent account.

27.38    Turning on of water after service discontinued.

27.39    Discontinuance of water service.

27.40    Service charges to be a lien against property; owner to be primarily liable.

27.41    Adjustment of complaints.

DIVISION 2. PROPERTY LOCATED WITHIN CITY

27.42    Metered service—Schedule.

27.43    Same—When minimum charge applicable.

27.44    Reserved.

27.45    Service charges for initial installation.

27.46    Service charge where metered service already exists.

27.47    Installation of larger meter.

27.48    Relocation of meters and services for convenience of customer.

27.49    Reserved.

DIVISION 3. PROPERTY LOCATED WITHOUT CITY

27.50    Metered service; schedule.

27.51    Installation of water service—Generally.

27.52    Same—When minimum charge applicable.

27.53    Same—Labor charges; cost of materials; estimate; refunds.

27.54    Installation of larger meter.

27.55    Relocation of meters or services for convenience of customer.

DIVISION 4. PROPERTY LOCATED BOTH WITHIN AND WITHOUT CITY

27.56    Reserved.

27.57    Installation of water service.

27.58    Installation of larger meter.

27.59    Relocation of meters or services for convenience of customer.

27.60    Taking water from an unmetered or portable metered outlet.

27.61

27.63    Reserved.

27.64    Applicant to furnish wrench and hose.

ARTICLE III. INSTALLATION OF NEW WATER MAINS WITHOUT THE CITY

27.65    Scope of article.

27.66    “Water main” defined.

27.67    “Water service” defined; location of meter.

27.68    Application for new water main and water service—Generally.

27.69    Same—To be made to city administrator; approval of city council.

27.70    Same—Rejection.

27.71    Commencement of work; reimbursement agreement.

27.72    Water mains of recognized subdivision may serve one or more water services.

27.73    Each water service limited to one premises only.

27.74    Installation charges.

27.75    New water mains or services to be property of city.

ARTICLE IV. DAILY WATER ALLOCATION AND OVERUSE PENALTIES

27.76    Daily water use allocation.

27.76-1    Calculation of daily water use allocation.

27.76-2    Appeal of daily water use allocation.

27.77    Permissible water use—Calculation of daily water use.

27.78    Underuse.

27.78-1    Rescission of daily water use allocation due to underuse.

27.79    Overuse.

27.80    Overuse rates.

ARTICLE V. WATER SYSTEM BACKFLOW PREVENTION

27.81    Statutory authority.

27.82    Adoption of state statutes.

27.83    Definitions.

27.84    General requirements.

27.85    New service connections; installation conditions.

27.86    Existing service connections; installation conditions.

27.87    Upgrading existing devices.

27.88    Ownership of installed or upgraded devices.

27.89    Inspection and testing.

27.90    Maintenance and repair; time limitations.

27.91    Maintenance and repair; work performed by private parties.

27.92    Right to enter property.

27.93    Termination of water service; conditions.

27.94    Violation; penalty.

ARTICLE VI. WATER SUPPLY SHORTAGE REGULATIONS

27.95    Findings.

27.96    Declaration of purpose and intent.

27.97    Definitions.

27.98    Wasting of water and drought emergencies.

27.99    Enforcement.

27.100    Violation penalty.

ARTICLE I. IN GENERAL

27.1 Definitions.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Foreman” shall mean the foreman of water in the department of public works of the city.

“Person” shall mean all domestic and foreign corporations, associations, syndicates, joint stock companies, partnerships of every kind, clubs, Massachusetts trusts, business trusts or common-law trusts, societies and individuals.

“Within the city” shall mean within the corporate limits of the city as they now exist, or may hereafter be made to exist, by subsequent exclusion or addition.

“Without the city” shall mean all the unincorporated area outside the city limits as they now exist or may hereinafter be made to exist by subsequent addition or exclusion. (Ord. No. 479, § 1)

27.2 Duty of director of finance to keep accounts, make collections, etc.

The duties of the director of finance shall be to keep all accounts with water customers or users, collect all accounts and assess all penalties pertaining to the department of public works and as hereinafter provided for in this chapter. (Ord. No. 479, § 2)

27.3 Application for water service; contents of application.

Before water may be served from the city water mains to any person or premises, such person or the owner or occupant of such premises shall make a written application for such service upon a form provided by the city at the office of the director of finance. The information, required in all instances where application is made for water, shall include the name and address of the applicant, name of the street upon which such property fronts and the official house number, if any, assigned to the premises for which water is desired, together with the applicant’s status as owner or lessee. (Ord. No. 479, § 3; Ord. No. 924, § 2, 6-21-71)

27.4 Water meter serving two or more independent consumers.

Where a premises served with one meter is occupied by two or more independent consumers under one ownership, the lessor or renter making application for service shall be required to sign the application for service, thereby being responsible for all bills connected with water service at such premises. (Ord. No. 479, § 3)

27.5 Installation of separate services by owner.

The owner may have separate services installed for each independent consumer, if he wishes, as an alternative to the preceding section. (Ord. No. 479, § 3)

27.6 Opening street hydrants, etc.; meddling with street service, etc.; drawing water from mains, etc.

It shall be unlawful for any person to open any street hydrant or stopcock, gate, valve or to meddle with any street service, water connection or any water meter connected to any service pipe connected with the water mains or water pipes of the city, or to turn on or off, water mains or water pipes of the city, or to tap, break or injure any water mains or water pipes of the city, laid in any street, avenue or alley, or other public place, or any reservoir of the city, or to tap any water service pipe between the point of connection with the main and the meter, or to take or draw water from the mains, pipes or hydrants of the city, without paying the established rates therefor, or in any way to trespass upon the public property of the department of public works without permission first being obtained from the director of public works. (Ord. No. 479, § 3)

27.7 Permit to tap, etc., water mains or pipes.

No person shall tap, open or connect with any fixture or water main or pipe which forms any part of the system of the waterworks of the city without first notifying and obtaining permission from the director of public works, and no permit shall be given to any person whose indebtedness to the city for water or damage to fire hydrants, meters, pipes or fixtures, is delinquent, or who has on one or more occasions taken water from the distributing system without having received permission as herein provided. (Ord. No. 479, § 3)

27.8 Use of fire hydrants—Generally.

Fire hydrants are provided for use in extinguishing fires, flushing mains and emergency uses, and shall be opened and used only by the public works or fire departments of the city, or by such persons as are authorized to do so by the city administrator. (Ord. No. 479, § 3)

27.9 Same—Permit.

All persons using water through fire hydrants or other hydrants owned or controlled by the city shall be required to get a permit to do so from the city administrator, who shall give no such permit to any person who has violated any of the provisions of this chapter or whose indebtedness to the city for water used, or damage to hydrants, meters, pipes or fixtures, is delinquent. (Ord. No. 479, § 3)

27.10 Damage to fire hydrants, etc.

Where fire hydrants, meters, pipes or other fixtures, any of which being the property of the city, are broken off or damaged, the total cost of damage and labor shall be paid by the person responsible for such damage and loss. (Ord. No. 479, § 8)

27.11 Use of water by consumer; leaks; wasting water.

No consumer shall supply water to any person other than the occupants of the premises of such consumer; provided, however, that such consumer may supply water to such persons for the use on the premises or in the performance of any contract for the improvement of any street or other public place after having given notice and received permission from the director of the department of public works. No consumer shall permit leaks or waste of water. (Ord. No. 479, § 3)

27.12 Deposits by applicants for water service.

Every application for water service shall be accompanied by cash deposits which shall be adopted by council resolution.

A service charge as established by council resolution shall also be paid with each application.

An applicant for water service whose credit with the city has been previously established need make no deposit. The payment by any person of his water bills by the 15th of each month to the city for a period of at least one year shall be presumed to have established acceptable credit for such purposes with the city. (Ord. No. 479, § 4; Ord. No. 745, § 1; Ord. No. 924, § 2, 6-21-71)

27.13 Return of deposits; deduction of unpaid bills; forfeiture.

Lessors or renters of the premises upon which water service is furnished who have paid their water bills to the city by the twentieth of each month for a period of at least one year shall, upon demand, have their deposits as provided in the preceding section returned to them when their accounts are closed, but the amount of any unpaid bills shall be deducted from such deposit before such deposit is returned. No deposit need be returned without the surrender of the receipt issued therefor. At the expiration of one year after a closing bill has been rendered, the amount of the deposit or the balance thereof shall be forfeited and the same shall be transferred to the water operating fund. (Ord. No. 479, § 4; Ord. No. 86-19, § 75, 10-6-86)

27.14 Services and water meters to be property of department of public works; maintenance of services and water meters.

All services and water meters installed by the department of public works shall remain the property of the department of public works and shall be maintained, renewed and repaired by the department of public works when rendered unserviceable through ordinary usage; provided, that where replacements, repairs or adjustments of any meter are rendered necessary by the act, negligence or carelessness of the consumer, or any member of his family or person in his employ, any expense caused thereby shall be charged against and collected from the consumer in the same manner as a water bill. (Ord. No. 479, § 8)

27.15 Private connections to city water supply; emergency connections installed by city.

No person shall install, maintain or use any physical connection between any private source of water supply and the city water supply; however, subject to the approval of the board of health of the state, the city may install and maintain emergency connections with other public utilities serving water for domestic use. (Ord. No. 479, § 8)

27.16 Bypassing water around meter.

All city water used on any premises served with a meter must pass through the meter. No bypass or connection around any meter shall be installed, maintained or used. Consumers shall be held responsible, and charged for, all water passing through the meter or meters serving those consumers. (Ord. No. 479, § 8)

27.17 Examination of meters at consumer’s request—Deposit.

Any consumer may demand that the meter through which water is being furnished, be examined and tested by the department of public works for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such demand shall be made in writing to the department of public works and shall be accompanied by a deposit as established by council resolution. It shall be the duty of the director of the department of public works to cause the meter to be examined and tested for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it. (Ord. No. 479, § 8; Ord. No. 924, § 2, 6-21-71)

27.18 Same—Replacement of defective meter; refund of deposit.

If upon examination and test as provided in the preceding section the meter shall be found to register over three per cent more water than actually passes through it, another meter will be substituted therefor, the fee as established by council resolution shall be returned to the person making the application and the water bill for the previous billing period adjusted in such a manner as the city administrator may deem fair and just. If the meter be found to register not over three per cent high the fee shall be forfeited to the city and the water bill paid as rendered. (Ord. No. 479, § 8; Ord. No. 924, § 2, 6-21-71)

27.19 Steam boilers, hydraulic elevators, etc.—Supply tank.

No person shall draw water from the city’s water main into any steam boiler, hydraulic elevator, pressure (25 pounds or more) pump or similar apparatus. The owner in such a case shall provide a tank of sufficient capacity to afford a supply for at least twelve hours, into which tank water direct from the city main shall empty in such a manner as to positively eliminate back siphonage and there shall be no cross connections. (Ord. No. 479, § 8)

27.20 Same—Service valves.

As an alternative to the preceding section, the consumer may provide a service valve ahead of any steam boiler, hydraulic elevator or pressure pump, after such service valve shall be approved by the director of public works. (Ord. No. 479, § 8)

27.21 Replacing caps on fire hydrants.

Every person authorized to open fire hydrants shall be required to replace caps on the outlets when such hydrants are not in use. Failure to do so shall be deemed sufficient cause to prohibit further use of the hydrants and the refusal to grant subsequent permits for the use of such fire hydrants. (Ord. No. 479, § 8)

27.22 Use of fire service for other than fire purposes.

If any person shall use any fire service for other than fire purposes, except as otherwise provided for in this chapter, the department of public works is hereby authorized to collect the sum of twenty-five dollars for each day of such use and to enforce this provision by cutting off all water from the property whereon such use occurred. When water is cut off by virtue of this provision, no further water shall be served to such property until the total sum for such use is paid; provided, that the city council may, upon application of any person aggrieved by the action of the department of public works hereunder, remit the charge or such part thereof as may appear just and reasonable. (Ord. No. 479, § 8)

27.23 Duties of plumber connecting service pipe.

Whenever any plumber or any other person connecting service pipe to the property side of a meter shall use the water for testing the pipes, they must leave the service box in as good condition as found, and shall leave the water shut off if found so, and shall notify the department of public works at the time the connection is made. Any damage caused by the carelessness of any plumber or other person to any part of the meter box or connection shall be charged to and paid by such plumber or other person. (Ord. No. 479, § 8)

27.24 Inspectors to have badge or other credentials.

City employees whose duty is to enter upon private premises to make inspection and examination of pipes, fixtures or attachments used in connection with the water supply, shall be provided with a badge or other credentials to identify them as authorized agents of the department of public works. (Ord. No. 479, § 8)

27.25 Check valves.

If the placing of an approved check valve or other device on side of the meter of any consumer is necessary for the safety and protection of the water system or appliances thereof, such check valve, after approval by the director of public works, shall be immediately installed inside the property line by and at the expense of the consumer, at the order of the director of public works. (Ord. No. 479, § 8)

27.26 Shut-off valves.

The department of public works may require any water service to be equipped with an adequate shut-off valve (not a cock) at the expense of the consumer or owner within thirty days of notice to that effect by the department of public works to install the same. Whenever the department of public works requires a water service to be equipped with such an adequate shut-off valve, such valve shall be located inside the property line and on the street side of any fixture, including sprinklers. In a business zone the required shut-off valve may be located between the property line and the meter, but a minimum of two feet away from the meter and in a safe adequate box approved by the foreman. (Ord. No. 479, § 8)

27.27 Location of water meters.

Water meters are to be located in the public rights-of-way unless permission for another location is granted by the city engineer when it is not practical to place said meter in the right-of-way. Water meters shall not be placed in driveways unless permission is granted by the city engineer. (Ord. No. 479, § 8; Ord. No. 924, § 2, 6-21-71)

27.28 Faucet required with temporary connections.

Consumers using a temporary connection for water service shall place a faucet inside the property line; and no excavation for such connection, if located on city property, shall be kept open or unguarded. The service or meter box shall be kept in the same condition as the department of public works left it; namely, not dangerous to the public. (Ord. No. 479, § 8)

27.29 Authority to turn off water in emergency.

The department of public works shall have the right and power to turn off the water at any time in the mains and pipes of the water system without notice, in case of an emergency. (Ord. No. 479, § 8)

27.30 Regulations during water shortages.

The department of public works with the approval of the city council, during a time of serious water shortage or expected water shortage, may declare a limited period or certain hours each day when water may be used for irrigation purposes or any purposes other than actual house or sanitary purposes. All persons violating such regulations if declared will be subject to penalties as set forth in this chapter. (Ord. No. 479, § 8)

27.31 Defective water meters.

If a meter fails to register during any period, or is known to register inaccurately, the consumer shall be charged with the minimum for the service in question. (Ord. No. 479, § 8)

27.32 Charges where house, etc., becomes vacant; request for discontinuance of service.

In case a house or other building or part of building where water is furnished becomes vacant, the regular rate shall be charged and collected from the owner or renter thereof, whether water is used or not, unless the department of public works is notified thereof in writing, requesting discontinuance of service. (Ord. No. 479, § 8)

27.33 Reserved.

    Amendment note—Ord. No. 924, § 1, enacted June 21, 1971, repealed § 27.33, derived from Ord. No. 924, § 8, requiring water customers to turn off their water while a fire is in progress. The section was reserved to maintain sequence.

27.34 Application of chapter in connection with extension of sewer mains.

Nothing in this chapter shall be construed to change, modify or affect the provisions of Chapter 19 relating to the extension of sewer and water mains at the expense of the property owners. (Ord. No. 479, § 9)

ARTICLE II. RATES, CHARGES AND COLLECTIONS

DIVISION 1. IN GENERAL

27.35 Established; collector.

Water rates and charges fixed and established by this article shall be paid by consumers and shall be collected by the director of finance. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.36 Nonpayment of water bills; notice to consumer.

Charges for water service and use become delinquent if not paid on or before the last day of the month billed. If a bill for services becomes delinquent, the director of finance shall send the user a written notice that if the bill is not paid within ten (10) days, the water service shall be discontinued. (Ord. No. 479, § 7; Ord. No. 924, § 2, 6-21-71; Ord. No. 86-19, § 76, 10-6-86; Ord. No. 89-5, § 1, 3-20-89)

27.36-1 Penalty for delinquency.

Unpaid water charges become delinquent after the last working day of the month billed. There shall be imposed a penalty equal to ten (10) per cent of the amount due. Thereafter a penalty equal to ten (10) per cent of the amount due shall be charged for each month of delinquency after the last working day of the original billing. (Ord. No. 847, § 3, 3-17-69; Ord. No. 89-5, § 1, 3-20-89; Ord. No. 91-16, § 3, 7-1-91)

27.36-2 Customer’s checks returned unpaid by banks.

All checks returned to the city for non-sufficient funds or accounts closed shall be subject to a handling fee as established by council resolution which shall be paid to the city, and the service shall be considered delinquent as set forth in these provisions. (Ord. No. 924, § 2, 6-21-71)

27.37 Reconnection of service upon payment of delinquent account.

If service is discontinued because of such delinquency, a charge as established by council resolution shall be made for reconnection; provided that no such reconnection shall be made until the delinquent account is paid. (Ord. No. 479, § 7; Ord. No. 924, § 2, 6-21-71)

27.38 Turning on of water after service discontinued.

Where a service has been discontinued for nonpayment of bills and the owner or consumer has turned the water on again, or permitted the same to be turned on at that service, the meter will be turned off and locked and a charge as established by council resolution shall be made to turn on the service. (Ord. No. 479, § 7; Ord. No. 924, § 2, 6-21-71)

27.39 Discontinuance of water service.

On failure to comply with the rules and regulations established as a condition of the use of water, or to pay the rates or any penalty imposed in the time and manner provided by this article, water may be shut off on any and all services where the delinquent consumer is being supplied with water, until payment of all amounts due is made with additional charges for reconnection as established by council resolution. (Ord. No. 479, § 7; Ord. No. 924, § 2, 6-21-71)

27.40 Service charges to be a lien against property; owner to be primarily liable.

The owner of any premises served by water after October 1, 1988, shall be primarily responsible for the payment of all water bills arising out of the use of such water at such premises, or by any lessee or tenant occupying or using the same. Such charges shall constitute a perpetual and continuing lien on such property until such water bill shall have been paid in full. No water will be furnished to any property until such water bill shall have been paid in full. No water will be furnished to any property or premises against which any charge remains unpaid. (Ord. No. 479, § 7; Ord. No. 88-13, § 1, 9-19-88)

27.41 Adjustment of complaints.

The director of finance shall have the power to adjust complaints, and in the event of any dispute as to the water charges to be paid by any water consumer, the director of finance shall determine the same, subject to the approval of the city council. (Ord. No. 479, § 8)

DIVISION 2. PROPERTY LOCATED WITHIN CITY

27.42 Metered service—Schedule.

Rates and charges for metered water sold within the city for all uses are to be established by council resolution. (Ord. No. 479, § 5; Ord. No. 617, § 1; Ord. No. 828, § 1, 9-16-68; Ord. No. 837, § 1, 12-2-68; Ord. No. 924, § 2, 6-21-71)

27.43 Same—When minimum charge applicable.

Where the period of service within the city is less than one full month and the water consumed is less than the minimum, the minimum charge shall prevail; if the water consumed is more than the minimum, the meter reading shall prevail. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.44 Reserved.

    Amendment note—Ord. No. 924, § 1, enacted June 21, 1971, repealed § 27.44, derived from Ord. No. 479, § 5, and Ord. No. 617, § 1, fixing a charge for unmetered service. The section was reserved to maintain sequence.

27.45 Service charges for initial installation.

Service charges for initial installation of water services within the city for all uses shall be as established by council resolution and shall be paid at time of application. (Ord. No. 479, § 5; Ord. No. 617, § 1; Ord. No. 887, § 1, 6-1-70; Ord. No. 924, § 2, 6-21-71)

27.46 Service charge where metered service already exists.

Where a meter service within the city already exists, a service charge as established by council resolution shall be paid by each applicant at the time of applying for service. (Ord. No. 479, § 5; Ord. No. 617, § 1; Ord. No. 924, § 2, 6-21-71)

27.47 Installation of larger meter.

The cost to the consumer for replacing a 3/4 inch or larger meter with a larger meter within the city shall be the difference in the service charge between the meter to be replaced and the larger meter to be installed. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.48 Relocation of meters and services for convenience of customer.

Meters of services moved for the convenience of the customer within the city will be relocated at the customer’s expense for all materials and labor. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.49 Reserved.

    Editor’s note: Ord. No. 887, § 2, enacted June 1, 1970, repealed § 27.49, pertaining to the installation of meters where one inch unmetered service exists, derived from Ord. No. 479, § 5 and Ord. No. 617, § 1. The section was reserved to maintain sequence.

DIVISION 3. PROPERTY LOCATED WITHOUT CITY

27.50 Metered service; schedule.

Rates and charges for metered water sold without the city for all uses are to be established by council resolution. (Ord. No. 479, § 1; Ord. No. 617, § 1; Ord. No. 828, § 2, 9-16-68; Ord. No. 837, § 2, 12-2-68; Ord. No. 924, § 2, 6-21-71)

27.51 Installation of water service—Generally.

Charges for installation of a water service outside the city where an existing water main is available, shall be the cost of labor and material necessary to install the service. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.52 Same—When minimum charge applicable.

Where the period of service without the city is less than one full month and the water consumed is less than the minimum, the minimum charge shall prevail; if the water consumed is more than the minimum, the meter reading shall prevail. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.53 Same—Labor charges; cost of materials; estimate; refunds.

Labor charges for installation of a water service outside the city will be based on the wage scale of the man performing the labor. Cost of materials, including all pipes, fittings, meter, meter box, material, etc., necessary to install a service from water main to and including meter, will be based on cost of material to the city. The foreman shall make an estimate of the service to be installed and the applicant shall make a deposit of this amount with the director of finance at the time of application, any overcharge will be refunded and any undercharge will be billed to the applicant on completion of installation. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.54 Installation of larger meter.

The cost to the consumer without the city for replacing a 3/4 inch or larger meter with a larger meter shall be the cost of all materials and labor, less larger meter and meter box, plus the difference between the cost of the larger meter and meter box and the meter and meter box to be replaced. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.55 Relocation of meters or services for convenience of customer.

Meters or services moved for the convenience of the customer without the city shall be relocated at the customer’s expense for all materials and labor. (Ord. No. 479, § 5; Ord. No. 617, § 1)

DIVISION 4. PROPERTY LOCATED BOTH WITHIN AND WITHOUT CITY

27.56 Reserved.

    Editor’s note: Former § 27.56 pertaining to charges for metered service for property located both inside and outside the city, derived from Ord. No. 479, § 5 and Ord. No. 617, § 1, was repealed by Ord. No. 828, § 3, adopted Sept. 16, 1968. The section was reserved to maintain sequence.

27.57 Installation of water service.

Where property is located both inside and outside the city the service charge for installing a water service will be the same as the service charge for installing a water service within the city. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.58 Installation of larger meter.

The cost to the consumer whose property is located both within and without the city for replacing a 3/4 inch or larger meter with a larger meter shall be the same as the cost to the consumer whose property is within the city. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.59 Relocation of meters or services for convenience of customer.

Meters or services moved for the convenience of the customer whose property is located both within and without the city shall be relocated at the customer’s expense for all materials and labor. (Ord. No. 479, § 5; Ord. No. 617, § 1)

27.60 Taking water from an unmetered or portable metered outlet.

No person, within or without the city, may take water from an unmetered outlet of the water system without making application to and receiving permission from the city.

Applicants receiving permission to take water shall pay the rates as established by council resolution for streets, subdivisions, and other development projects including underground utilities such as storm, sanitary and water mains, or apply for a portable water meter and pay the rates as established in said resolution. (Ord. No. 479, § 5; Ord. No. 617, § 1; Ord. No. 924, § 2, 6-21-71)

27.61—27.63 Reserved.

    Amendment note—Ord. No. 924, § 1, enacted June 21, 1971, repealed §§ 27.61—27.63, derived from Ord. No. 479, § 5, and Ord. No. 617, § 1, requiring an applicant for unmetered water to keep a record of water used, to make a deposit and pay a specified charge. The sections were reserved to maintain sequence.

27.64 Applicant to furnish wrench and hose.

The applicant referred to in section 27.60 will furnish his own wrench and hose to take water from unmetered outlets, and this equipment will be subject to the approval of the foreman. (Ord. No. 479, § 5; Ord. No. 617, § 1)

ARTICLE III. INSTALLATION OF NEW WATER MAINS WITHOUT THE CITY

27.65 Scope of article.

The provisions of this article shall apply to extension of water mains and water service outside the city. (Ord. No. 479, § 6)

27.66 “Water main” defined.

For the purposes of this article, a water main shall mean any line, extension or part of the water system, to be of cast iron, and to be a minimum size of eight (8) inches unless approved by the city. (Ord. No. 479, § 6; Ord. No. 924, § 2, 6-21-71)

27.67 “Water service” defined; location of meter.

A “water service” under this article shall be a line with a minimum size of one inch, extending from water main to and including the meter and meter box. The meter shall be set just inside the curb line, or just inside of right-of-way. (Ord. No. 479, § 6)

27.68 Application for new water main and water service—Generally.

Application may be made by a person without the city for a new water main and water service to be installed from the nearest existing water main to a point where water service is required. (Ord. No. 479, § 6)

27.69 Same—To be made to city administrator; approval of city council.

Application for a new water main and water service outside the city shall be made to the city administrator and subject to the approval of the city council. (Ord. No. 479, § 6)

27.70 Same—Rejection.

If the city council believes the additional water service outside the city would for any reason endanger the existing water supply of the city, they may reject the application. (Ord. No. 479, § 6)

27.71 Commencement of work; reimbursement agreement.

If the council approves the extension of a water main, the property owner shall construct said main to serve his property. The city may elect to oversize said main. The city shall enter into a ten year reimbursement agreement with the property owner whereby any adjoining property owners electing to connect to the new main shall pay a front footage charge to be reimbursed to the property owner constructing the water main. Said reimbursement agreement shall be on terms approved by the city council upon the recommendation of the department of public works, shall be in effect ten years from the date of signing and shall be void after said ten-year period. (Ord. No. 479, § 6; Ord. No. 924, § 2, 6-21-71)

27.72 Water mains of recognized subdivision may serve one or more water services.

A water main laid on any road, street, avenue, alley, regularly accepted right of way or regularly accepted streets or alleys of a recognized subdivision outside the city may serve one or more water services. (Ord. No. 479, § 6)

27.73 Each water service limited to one premises only.

Each water service under the city will be limited to serve consumers on one premises only and such service shall not be extended to other premises. (Ord. No. 479, § 6)

27.74 Installation charges.

The director of public works may determine that it is of benefit to the city and necessary that installation of new water mains be done by use of city forces.

(a) The director of public works shall estimate the cost of the installation and the applicant shall deposit the sum of the estimate with the director of finance in advance before work is started.

(b) The cost of installation shall be all labor based on wage scale of men performing labor, all material including pipe, fittings, meter, meter box and any other material used based on cost of material to the city, all ditching, all backfill, rental on machinery used and any property damage incurred during installation.

(c) The installation shall consist of all lines from existing water main to and including meter and meter box at new water service.

(d) At completion of installation the director of public works shall determine the total cost of installation and refund any overpayment, or bill any underpayment to the applicant who must pay the deficiency before being entitled to any water. (Ord. No. 479, § 6; Ord. No. 924, § 2, 6-21-71)

27.75 New water mains or services to be property of city.

Any new water main or water service installed under the conditions of this article shall remain at all times the property of the city, be subject to all regulations governing the department of public works, and be accessible to the city at all times. (Ord. No. 479, § 6)

ARTICLE IV. DAILY WATER ALLOCATION AND OVERUSE PENALTIES

27.76 Daily water use allocation.

(a) In accordance with the terms of this chapter, the city shall calculate a daily water use allocation for: (1) existing parcels of commercial and industrial real property that have a connection to municipal water service but do not have an existing water use allocation; (2) existing parcels of commercial and industrial property that have existing water use allocations, which allocations were not imposed on such parcels as part of, or in conjunction with, agreements related to development or improvement of the parcels; and (3) parcels of real property for which the city receives applications for new commercial and/or industrial development or uses as well as increased water capacity allocation.

(b) A daily water use allocation for any parcel of real property shall be purchased from the city at such cost and on such terms and conditions as may be established from time to time by city council resolution.

(c) Upon receipt of an application for a daily water use allocation for new development on a parcel of real property, or for increased water use for an existing development on such a parcel, the city may require an applicant for purchase of a daily water use allocation to provide information necessary to confirm, to the city’s satisfaction, that the allocation corresponds to the amount of water that occupants of the parcel are reasonably expected to use. The city shall have the right, in its discretion, to determine whether the applicant’s requested allocation is sufficient, insufficient or excessive.

(d) Upon receipt of an application for a commercial or industrial use on a parcel of real property, which parcel already has a connection to the municipal water service, but no current daily water use allocation, the city shall issue a daily water use allocation for such parcel as further set forth in section 27.76-1. For any parcel with such an existing connection to municipal water service, existing water use shall be allocated at no cost. If the parcel thereafter requires an additional water use allocation, such allocation shall be purchased at such cost and on such terms and conditions as may be established from time to time by city council resolution.

(e) The city’s daily water use allocation shall be considered an entitlement that shall not be alienable from the parcel of real property containing such allocation. Upon subdivision of such parcel, the water use allocation shall be divided proportionately among the resulting parcels of real property based on the square footage of the land contained in each resulting parcel.

(f) Upon determination of an appropriate daily water use allocation for all parcels of real property for which a new or increased allocation is sought, the city and the parcel owner shall enter into a water capacity allocation agreement in a form determined by the city, in its discretion, which agreement shall entitle the parcel owner to the daily water use allocation specified therein. The city may, at its discretion, record such agreement. (Ord. No. 86-16, § 1, 9-15-86; Ord. No. 2009-01, § I, 3-2-09)

27.76-1 Calculation of daily water use allocation.

The daily water use allocation of any parcel of real property shall be determined by adding together the parcel’s peak daily general use, plus the parcel’s peak daily irrigation use.

For purposes of this chapter: “daily general use” shall be defined as the parcel’s average daily consumption of water, excluding water used for irrigation; “peak daily general use” shall be defined as the parcel’s highest average daily consumption of water, excluding water used for irrigation, in any given billing period within the preceding thirty-six (36) months; and “peak daily irrigation use” shall be defined as the parcel’s highest average daily consumption of water for irrigation purposes in any given billing period within the preceding thirty-six (36) months. Neither peak daily general use nor peak daily irrigation use shall be calculated based on any billing period during which the parcel experienced water use in excess of fifty percent (50%) greater than the average water use billed during the same month for the preceding three (3) years because of a water leak or other abnormal occurrence that is not likely to reoccur regularly.

The city may reduce the peak daily water use allocation if it determines, based on evidence regarding the proposed or actual use of the parcel, that water use on the parcel will be substantially less than that calculated pursuant to the preceding paragraph. In such event, the city may set the peak daily water use allocation to reflect the amount of water capacity that city reasonably determines will be used by the parcel. (Ord. No. 2009-01, § I, 3-2-09)

27.76-2 Appeal of daily water use allocation.

If a parcel owner disagrees with the city’s proposed daily water use allocation or any action taken by the city increasing or decreasing such allocation, such parcel owner shall have the right to appeal such action(s). Any such appeal shall be made no later than thirty (30) days after the city’s mailing to the parcel owner of notice thereof pursuant to procedures adopted by the city from time to time. The appeal shall be in writing and shall provide the city with written evidence sufficient to prove to the reasonable satisfaction of the city engineer, or his/her designee, that the proposed daily water use allocation does not reasonably reflect the parcel’s expected water use. (Ord. No. 2009-01, § I, 3-2-09)

27.77 Permissible water use—Calculation of daily water use.

Water use shall be limited to the daily water use allocation. After establishment of the daily water use allocation for a particular parcel of real property, the city shall monitor water use of such property through water meter readings.

For purposes of this section, a parcel’s daily water use shall be computed by dividing the parcel’s daily general and irrigation use by the number of days in that billing period. (Ord. No. 86-16, § 1, 9-15-86; Ord. No. 2009-01, § I, 3-2-09)

27.78 Underuse.

If a parcel’s daily water use, as determined by the city pursuant to section 27.78-1(b), is consistently less than the daily water use allocation, the city may provide the parcel owner written notification of such underuse. The parcel owner may offer to sell the excess allocation back to the city at the price originally paid for such allocation or, except as set forth in section 28.78-1, retain that amount for growth or expansion. The city shall have no obligation, however, to purchase such excess allocation from the parcel owner. (Ord. No. 86-16, § 1, 9-15-86; Ord. No. 2009-01, § I, 3-2-09)

27.78-1 Rescission of daily water use allocation due to underuse.

(a) Notwithstanding the provisions of section 27.78, no earlier than ninety (90) days and no later than one (1) year after the city’s mailing of a notification of underuse as set forth in section 27.78, the city shall be entitled, in its discretion, to rescind all or a part of the daily water use allocation to a parcel if the parcel’s daily water use is consistently underused as further set forth in subsection (b) of this section. Any such rescission shall be in writing and accomplished in the manner set forth in subsection (c) of this section.

If the city had granted the parcel all or any part of its existing daily water use allocation at no cost (either as an existing use pursuant to section 27.76(d), through a fee waiver or otherwise), the city shall be entitled to rescind, in its discretion, such part of its daily water use allocation as was provided at no cost without repayment to the owner of the parcel on the date of such allocation. If the city rescinds any daily water use allocation for which the parcel owner was charged, the city shall pay the parcel owner the current value of the allocation as determined by the current cost for such allocation charged to parcel owners. For purposes of this section, any daily water use allocation that was granted at no cost shall be considered the first allocation that is rescinded by the city; the city shall not be required to reimburse the parcel owner for lost daily water use allocation until the amount of daily water use allocation that was granted at no cost has been fully rescinded.

(b) For purposes of this section, a parcel’s daily water use allocation shall be considered consistently underused if the average daily water use by such parcel in the thirty-six (36) billing periods prior to the notice of rescission is below the existing allocation. The daily water use allocation shall be determined as set forth in section 27.76-1.

(c) The city shall provide a parcel owner with notice of rescission of any portion of such owner’s daily water use allocation, in writing, at the address of the parcel owner set forth in Santa Clara County tax records, unless the city has been provided with written notification of a more current address. Rescission of any portion of a parcel owner’s daily water use allocation shall take effect no earlier than sixty (60) days after the date of such notice.

(d) If a parcel owner appeals the determination of underuse pursuant to section 27.76-2 and shows, to the reasonable satisfaction of the city engineer (or his/her designee), that underuse has occurred for reasons not reasonably within the parcel owner’s control, the city shall suspend its right to rescind the parcel owner’s allocation for no fewer than twelve (12) additional billing periods. If, at the end of such suspension, the parcel continues to underutilize the allocation, those portions of the allocation not being used by the parcel may be rescinded by the city. In the event that rescission of the parcel’s daily water use allocation has been delayed due to such suspension, the amount the city shall pay to the parcel owner in compensation for its rescinded daily water use allocation shall be the amount that would have been paid at the time the city first informed the parcel owner of its underuse.

(e) If the city finds that a parcel owner has used water specifically to retain its daily water use allocation and not for any other purpose necessitated by lawful commercial or industrial activities on the parcel, the city may also rescind a daily water use allocation following notice to a parcel owner as further set forth in subsection (c) of this section and, thereafter, disconnect such service at the city’s discretion. (Ord. No. 2009-01, § I, 3-2-09)

27.79 Overuse.

(a) If the actual daily water use on a parcel of real property is greater than the daily water use allocation for that parcel in any given billing period (which, for purposes of this chapter, shall be referred to as the initial overuse period), the city shall provide the parcel owner a written notice of overuse in the billing period following the initial overuse period. The notice of overuse shall state (1) the occurrence of the water use in excess of the daily water use allocation and (2) the higher rates imposed pursuant to section 27.80 for such overuse. For purposes of this chapter, overuse shall refer to water use billed to a parcel which use is in excess of that parcel’s water use allocation.

(b) The city shall provide a parcel owner with a notice of overuse if the parcel’s daily water use exceeds its daily water use allocation three (3) times in any six (6) consecutive billing periods, which six (6) consecutive billing periods shall be referred to in this section as the overuse period. The notice of overuse shall inform the owner of a parcel of real property that the owner’s parcel has exceeded its capacity during the overuse period and that, if the parcel exceeds its water use allocation for any additional billing period during the probationary period following the overuse period, the overuse rates set forth in section 27.80 will be applied to the parcel. For purposes of this chapter, the “probationary period” shall be defined as the twelve (12) billing periods following the overuse period.

(c) All notices of overuse referred to in subsections (a) and (b) of this section shall inform the parcel owner of the owner’s right to enter into a new water use allocation agreement to increase amount of water allocated to the parcel if such additional capacity is available.

(d) If a parcel’s average daily water use over a period of thirty-six (36) consecutive billing periods exceeds its total water use allocation for that period, the city may require the parcel owner to enter into a new water use allocation agreement reflecting the parcel’s expected average daily water use, even if such parcel does not meet the criteria for imposition of overuse rates set forth in section 27.80. In such event, the city shall provide the owner with a notice of its overuse and a proposed water use allocation agreement reflecting the property’s expected average daily water use. Failure of the parcel owner to enter into such water use allocation agreement shall subject the parcel to the overuse rates set forth in section 27.80(f). (Ord. No. 86-16, § 1, 9-15-86; Ord. No. 2009-01, § I, 3-2-09)

27.80 Overuse penalties.

(a) The rate charged for the first billing period in which overuse occurs during the probationary period (as defined in section 27.79(b)) shall be ten (10) times the highest existing water use rate for that parcel. This shall be referred to in this chapter as the “10X overuse rate.”

(b) If the average daily water use is greater than the daily water use allocation in any billing period after the 10X overuse rate is first charged, then the rate charged for the water use overage shall be one hundred (100) times the highest existing water use rate. This shall be referred to in this chapter as the “100X overuse rate.” Except as set forth in subsection (g) of this section, the 100X overuse rate shall be effective for any additional billing periods in which the water used on the parcel exceeds its water use allocation.

(c) For purposes of subsections (a) and (b) of this section, the highest existing water use rate for parcels with a single meter shall be the rate charged to that meter; and for parcels with two (2) or more meters, the highest existing water use rate shall be the highest metered rate on that parcel, except as otherwise set forth in subsection (d) of this section.

(d) For purposes of subsections (a) and (b) of this section, for parcels billed at a flat rate, the highest existing water use rate shall be the highest rate charged for water in the city as set forth in the city’s most current comprehensive fee schedule.

(e) Except as set forth in subsection (g) of this section, if the average daily water use is greater than the daily water use allocation in any billing period after the 100X overuse rate is charged, the city may choose (in its discretion) either to continue to charge the 100X overuse rate for the water use overage or to terminate the water and/or sewer service to the parcel owner.

(f) If the owner, through no fault of the city, fails to enter into a new water use allocation agreement within sixty (60) days after receiving the notice described in section 27.79(d), the city will be permitted to impose the 100X overuse rate, commencing in the billing period following the expiration of such sixty (60) day notice.

(g) If, after the notice referred to in section 27.79(b) has been issued to the owner of a parcel of real property, water use on the parcel does not exceed the water use allocation for the probationary period, the city shall be required to give the parcel owner a new notice prior to charging the 10X rate for water use on the parcel. If, after imposition of the 10X rate or 100X rate on the parcel, water use on the parcel at any time thereafter ceases to exceed the water allocation for a period of no fewer than twelve (12) consecutive months, the city may not charge the 100X rate for the next incidence of water overuse, but rather shall be required to give the parcel owner new notices of overuse pursuant to section 27.79 prior to charging the 10X rate for water use on the parcel. Any renewal of the overuse rates will thereafter follow the sequence of escalating penalties set forth in subsections (a) through (e) of this section. This subsection shall not apply to parcels for which the city has required a new water use allocation contract pursuant to section 27.79(d).

(h) Except as otherwise set forth in subsection (d) of this section, for purposes of this section, “water use rate” shall be defined as the highest base rate for water use charged to any meter on the parcel and the corresponding highest tiered rate for water use that can be charged to that meter. (Ord. No. 86-16, § 1, 9-15-86; Ord. No. 2009-01, § I, 3-2-09)

ARTICLE V. WATER SYSTEM BACKFLOW PREVENTION

27.81 Statutory authority.

(a) Title 17, Chapter V, Sections 7583 through 7622, inclusive of the California Administrative Code, entitled “Regulations Relating to Cross-Connections,” sets forth rules and regulations governing cross-connections.

(b) Title 17, Section 7583 of the California Administrative Code, states among other things, “The water purveyor has primary responsibility to prevent water from unapproved sources, or any other substance, entering the public water supply system.” The city is a water purveyor within the meaning of Title 17.

(c) In order to provide for an orderly and adequate means of protection of the city’s water distribution system from backflow, the requirements set forth in this article are reasonable and necessary. The city adopts these requirements for the protection of the city’s water distribution system from backflow. New water service connections shall be installed and existing water connections shall be modified to conform to these requirements as set forth in this article. (Ord. No. 88-8, § 1, 6-6-88)

27.82 Adoption of state statutes.

The regulations of the California Department of Health, Title 17, California Administrative Code, Sections 7583 through 7622 inclusive, referred to in this article as Title 17 and any amendments thereto, are hereby adopted, incorporated by reference and made a part of this chapter, insofar as the same are applicable to the protection to the city’s water distribution system. (Ord. No. 88-8, § 1, 6-6-88; Ord. No. 92-4, § 1, 4-6-92)

27.83 Definitions.

Words used in this article, unless the context requires otherwise, are defined as follows:

(a) “Air-gap separation (A-G)” means a physical break where a pipe or hose is connected to or discharged into a vessel or conduit, provided that the break is at least double the diameter of the pipe, measured vertically above the rim of the receiving vessel or conduit and in no case less than one inch.

(b) “Atmospheric vacuum breaker (AVB)” means a vacuum breaker designed and used so as not to be subject to continuous static line pressure.

(c) “Auxiliary water supply” means any water supply on, or available to, the premises other than water supplied by the city.

(d) “Backflow” means the reverse flow of water or any other fluid or substance or any combination or any mixture thereof from the customer’s system into the city’s water distribution system.

(e) “Backflow prevention device” means a device which will prevent backflow into the city’s water distribution system.

(f) “Certified tester” means a person who is certified as a backflow prevention device tester by the city.

(g) “City” means the City of Gilroy, California.

(h) “City’s water distribution system” means the water main distribution system owned and operated by the city including the service from the main to and including the water meter.

(i) “Contamination” means an impairment of the potable water supply by any foreign substance.

(j) “Critical level (C-L)” means the marking on a backflow preventor at a point which determines the minimum elevation above the flood level rim of the fixture or receptacle served at which the device may be installed. When a backflow preventer does not bear a critical level marking, the bottom of the device shall constitute the critical level.

(k) “Cross-connection,” as used in this article, means any unprotected actual or significant potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, shall be considered to be cross-connections.

(l) “Customer” means any person or organization who receives water from the city.

(m) “Customer’s system” means the water piping system located immediately downstream from a meter.

(n) “Director of public works” means the director of public works for the city or his designate.

(o) “Double check valve (DC)” means a backflow preventor consisting of an assembly of at least two (2) independently acting approved check valves, including tightly closing shutoff valves on each side of the check valve assembly and connections available for testing the water tightness of each check valve.

(p) “Health agency” means the health authority (state, county, or local) having jurisdiction.

(q) “Industrial fluid” means any fluid or solution which could create a contamination if introduced into a potable water system.

(r) “Potable water” means water that is suitable, safe, or prepared for drinking.

(s) “Premises” means a piece of land together with such buildings and appurtenances located thereon.

(t) “Pressure vacuum breaker (PVB)” means a vacuum breaker designed to operate under conditions of static line pressure.

(u) “Reduced pressure principle device (RP)” means a backflow preventer that:

(1) Incorporates two (2) or more internally loaded check valves, an automatically operating differential relief valve located between the two (2) check valves, two (2) shut-off valves, and necessary appurtenances for testing.

(2) Maintains pressure in the zone between the two (2) check valves less than the pressure on the public water system side of the device.

(3) Maintains the reduced pressure between the check valves in case of leakage of either check valve by discharging to the atmosphere.

(4) Opens the relief valve to atmosphere to provide an air-gap separation in the backflow preventer when the inlet pressure is two (2) pounds per square inch or less.

(v) “Service connection” means the water piping system connecting the customer’s system with the city’s water meter. (Ord. No. 88-8, § 1, 6-6-88; Ord. No. 92-4, § 1, 4-6-92)

27.84 General requirements.

(a) Approval of Backflow Preventers. Only backflow preventers that have passed both laboratory and field evaluations by a recognized testing agency and accepted by both the city and the health agency should be used.

(1) For water connections, where backflow prevention is required, other than fire systems, a reduced pressure device (RP) shall be the minimum protection allowed.

(b) Installation Requirements.

(1) Air-Gap Separation (AG). The air-gap separation should be located on the water user’s side of and as close to the user connection as is practicable. All piping from the user connection to the receiving tank shall be above grade and entirely visible unless the city and health agency approve the burial of the line. Water take-offs between the user connection and the air-gap separation shall be protected in a manner approved by the health agency and city.

(2) Reduced Pressure Principle Device (RP). The approved reduced pressure principle device should be installed on the user’s side of and as close to the user connection as is practicable. The device should be installed not less than twelve (12) inches above grade and shall be readily accessible for maintenance and testing. Water take-offs between the user connection and the RP should be protected in a manner approved by the health agency and city.

(3) Double-Check Valve (DC). The double-check valve should be located on the user’s side of and as close to the user connection as is practicable. The double-check valve should be preferably above grade and readily accessible for maintenance and testing. Water supplied from any point between the user connection and the DC should be protected in a manner approved by the health agency and city.

(4) Pressure Vacuum Breaker (PVB). The pressure vacuum breaker should be located such that the critical level (C-L) is: (a) At least twelve (12) inches above the highest point reached by any water beyond the device; and (b) not less than twelve (12) inches above the surrounding grade or floor. The PVB shall be readily accessible for maintenance and testing. The PVB shall not be subjected to back pressure. Only industrial (nonpotable) fluid may be supplied from beyond the PBV. (Refer to section 27.83 for definition of “critical level.”)

(5) Atmospheric (Nonpressure) Vacuum Breaker (AVB). The atmospheric (nonpressure) vacuum breaker should be located such that the critical level (C-L) is at least six (6) inches above the highest elevation of the piping system beyond the AVB. Fixtures with integral vacuum breakers manufactured and approved as a unit may be installed in accordance with their approval requirements. At no time should an AVB be subjected to back pressure.

(c) Backflow Protection Devices Required. Backflow prevention devices shall be required at the service connection, or at a location approved by the director of public works, for premises in the following described categories:

(1) Premises having an auxiliary water supply.

(2) Industrial/commercial premises on which any substance is handled under pressure in such a fashion as to permit possible entry into the city’s distribution system, including water originating from the city’s system which is boosted in pressure.

(3) Industrial/commercial or residential premises which, in the opinion of the director of public works, contain cross-connections or the potential for cross-connections which could result in the pollution or contamination of the city’s water system in the event of backflow.

(d) Fire Systems. A fire-fighting system with a direct connection to the public potable water system should be protected in a manner commensurate with the hazard. Fire protection systems may be classified as follows:

(1) Class I: Direct connections from domestic water mains only; no pumps or reservoir; no physical connection from other water suppliers; no antifreeze or other additives of any kind; and all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.

(2) Class II: Same as Class I, except that booster pumps may be installed in the connections from the street mains. (Booster pumps do not affect the potability of the water supply. It is necessary, however, to avoid drafting so much water that pressure in the water main is reduced below 10 psi.)

(3) Class III: Direct connection from public water supply main plus one or more of the following: Elevated storage tanks; fire pumps taking suction from above-ground covered reservoirs or tanks; or pressure tanks. All storage facilities are filled or connected to public water only; the water in the tanks to be maintained in a potable condition.

(4) Class IV: Directly supplied from public mains similar to Classes I and II, connection for fire pumper truck or with an auxiliary water supply on or available to the premises.

(5) Class V: Directly supplied from public mains and interconnected with auxiliary supplies, such as: pumps taking suction from reservoirs exposed to contamination or from rivers and ponds; driven wells; mills or other industrial water system; or system where antifreeze or other additives are used.

(6) Class VI: Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.

Class I and II fire protection systems will not require backflow protection at the service connection.

Class III systems should be provided with minimum protection (approved double-check valves) to prevent contaminated waters from backflowing in the public potable water system.

Class IV systems should be provided with a minimum of a DC at the service connection. An AG or RP may be required depending on the quality of the auxiliary supply.

Class V systems should be provided with maximum protection (AG or RP) to protect the public potable water system.

Class VI system protection depends on the requirements of both industry and fire protection and could only be determined by a survey of the premises.

A meter (compound, detector check) should not be permitted as part of a backflow protection device. An exception may be made, however, if the meter and backflow preventer are specifically designed and approved for that purpose.

(e) Use of Fire Hydrants. The city allows the use of water directly from fire hydrants for flushing storm and sanitary sewers and similar uses. When this is permitted, it is mandatory that a portable RP be provided by the user to protect the city water system.

(f) Additional Information. For additional detailed information not mentioned in this article, see “The Manual of Connection Control Procedures and Practices,” published by the State of California, Health and Welfare Agency, Department of Health Services. (Ord. No. 88-8, § 1, 6-6-88; Ord. No. 92-4, § 1, 4-6-92; Ord. No. 92-8, § 1, 7-6-92)

27.85 New service connections; installation conditions.

(a) At the time an application for a new water service is made by a potential customer, the director of public works will review such application to determine the need for a backflow prevention device on the customer’s service. If a backflow prevention device is determined to be required it shall be the customer’s responsibility at the customer’s expense to provide for installation of the device in accordance with the city standards and at a location approved by the city.

(b) A backflow prevention device installed by the customer must be of the type and manufacturer approved by the city. Devices installed by the customer shall be tested at the customer’s expense by a certified tester before the occupancy permit is released by the city.

(c) Installation of a backflow prevention device, where required by the city, shall be a condition of obtaining a water service and meter installation. (Ord. No. 88-8, § 1, 6-6-88)

27.86 Existing service connections; installation conditions.

(a) The city will inspect the premises of existing service connections which in the opinion of the director of public works may require backflow prevention. If it is determined that a backflow prevention device is required, the installation of a backflow prevention device shall be a condition of continued water service.

(b) If a customer fails to provide for the installation of the backflow prevention device within a reasonable time limit set forth in a written notification from the city, the city may suspend water service to the property being served. (Ord. No. 88-8, § 1, 6-6-88)

27.87 Upgrading existing devices.

(a) An existing backflow prevention device which, in the opinion of the director of public works, is a type that does not provide adequate protection for the degree of potential hazard from backflow shall be upgraded at customer expense following the procedures in section 27.86 of this chapter.

(b) Upgrading may include complete replacement of the backflow prevention device, installation of additional devices, correction of on-site cross-connection hazards, or additional periodic testing. (Ord. No. 88-8, § 1, 6-6-88)

27.88 Ownership of installed or upgraded devices.

Backflow prevention devices installed or upgraded by the customer shall be and remain the property of the customer. (Ord. No. 88-8, § 1, 6-6-88)

27.89 Inspection and testing.

The customer is responsible to provide for annual testing, or more often in those instances where successive inspections indicate repeated failure, of the backflow prevention device. Customers must advise the city in writing and must use a certified tester to inspect and test a backflow prevention device. The test shall be performed and results reported to the city within thirty (30) days of written notice by the city that testing is required.

City personnel and a designated private certified tester will inspect and test backflow prevention devices of those customers who refuse to hire a certified tester on their own. Charges for said inspection and testing shall be equal to the city’s cost including overhead and will be borne by the customer.

Devices which fail to pass inspection and testing by private certified testers shall be maintained and repaired in accordance with sections 27.90 and 27.91 of this chapter. The city reserves the right to require more frequent testing when the city determines it to be in the public interest. The customer shall bear the cost of additional tests if their device fails a test. (Ord. No. 88-8, § 1, 6-6-88; Ord. No. 92-4, § 1, 4-6-92)

27.90 Maintenance and repair; time limitations.

The customer shall be responsible for maintenance and repair of the backflow prevention device. The customer shall at all times maintain the device in proper working order as a condition of continued water service. If a backflow prevention device should fail to pass inspection and testing pursuant to section 27.89 of this chapter, the customer shall, within thirty (30) days after notification of test results, provide for repair of the device by the method set out in section 27.91. (Ord. No. 88-8, § 1, 6-6-88)

27.91 Maintenance and repair; work performed by private parties.

Repairs and satisfactory retest of backflow prevention devices by a certified tester shall be documented and submitted on a form approved by the city. Failure by the customer to repair a backflow prevention device within the time period allowed by the city may result in termination of water service. (Ord. No. 88-8, § 1, 6-6-88; Ord. No. 92-4, § 1, 4-6-92)

27.92 Right to enter property.

As a condition of water service for new customers and as a condition of continued water service for existing customers, the customer may be required to have a backflow prevention device installed on the private property of the customer. The customer shall permit the city or other authorized personnel to enter upon the customer’s property within the normal working hours of the city, or in case of emergency, at any time, to test or inspect the backflow prevention device as set forth in other sections of this article. (Ord. No. 88-8, § 1, 6-6-88)

27.93 Termination of water service; conditions.

In addition to the rights granted the city in this article, the city may terminate water services to any premises served if a required backflow prevention device is removed by the customer or if the city finds evidence that an installed backflow prevention device has been bypassed, made or allowed to remain ineffective. (Ord. No. 88-8, § 1, 6-6-88)

27.94 Violation; penalty.

Any person or persons, company, corporation or association who fails to install or who bypasses, alters or refuses to maintain a backflow prevention device, shall be guilty of an infraction. Unless otherwise stated: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. This section shall not be construed to limit the city’s remedies under any other law, including section 1.7 of the Gilroy City Code, for violations of its ordinances. (Ord. No. 92-4, § 1, 4-6-92)

ARTICLE VI. WATER SUPPLY SHORTAGE REGULATIONS

27.95 Findings.

(a) A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the city.

(b) The city is located in a semi-arid region and is dependent upon local surface water, groundwater, and imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the state and western United States make the region highly susceptible to water supply reliability issues.

(c) There is a need for water conservation and regulations because there is a limited supply of water available to serve the residents and businesses of the city.

(d) Careful water management that includes water conservation measures to ensure a reliable minimum supply of water to meet current and future water supply needs.

(e) Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof.

(f) Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.

(g) California Water Code Section 375 et seq. authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.

(h) The adoption and enforcement of permanent water conservation measures and a temporary water supply shortage program is necessary to manage the city’s potable water supply and to avoid or minimize the effects of drought and shortage within the city. The adoption of voluntary and mandatory water conservation measures is necessary to manage the city’s potable water supply in the long term. Such programs are essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. (Ord. No. 2014-11, § 1, 8-4-14; Ord. No. 2015-04, § 1, 5-18-15; Ord. No. 2016-15, § 1, 8-1-16)

27.96 Declaration of purpose and intent.

(a) The purpose of this article is to establish voluntary water conservation measures and a water supply shortage program that will reduce water consumption within the city through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city of Gilroy to avoid and minimize the effect and hardship of water shortage.

(b) This article establishes voluntary water conservation measures and temporary water conservation standards intended to alter behavior related to water use efficiency to be implemented during times of declared water shortage or declared water shortage emergency.

(c) This article also establishes permanent mandatory water conservation measures intended to safeguard a reliable and sustainable minimum supply of water for the public health, safety, and welfare. (Ord. No. 2014-11, § 1, 8-4-14; Ord. No. 2016-15, § 2, 8-1-16)

27.97 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

“Landscape irrigation system” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.

“Person” means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.

“Potable water” means water which is suitable for drinking.

“Public works director” means the director of public works department of the city, and any act in this article required or authorized to be done by the public works director may be done on behalf of the public works director by an authorized officer or employee of the public works department.

“Recycled water” means the reclamation and reuse of nonpotable water for beneficial use as defined in Title 22 of the California Code of Regulations.

“Single pass cooling systems” means equipment where water is circulated only once to cool equipment before being disposed.

“Station” means an area of irrigated landscape controlled by a single irrigation valve. (Ord. No. 2014-11, § 1, 8-4-14; Ord. No. 2015-04, § 2, 5-18-15)

27.98 Wasting of water and drought emergencies.

(a) Applicability.

(1) The provisions of this article apply to any person in the use of any potable water provided by the city.

(2) The provisions of this article do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.

(3) The provisions of this article do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.

(4) The provisions of this article do not apply to the use of water by city facilities to sustain plants, trees, shrubs, or recreational turf.

(5) This article is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, resolutions, or regulations relating to protection of water quality or control of drainage or runoff.

(b) Saving Water—Level 0 (Zero Percent (0%) to Ten Percent (10%) Reduction). Level 0 is in effect at all times, and does not need to be declared by council. Level 0 is divided into voluntary and mandatory measures to comply with the State of California Governor’s executive order B-37-16.

(1) Voluntary. The following voluntary (as indicated with a “V”) water conservation measures are encouraged at all times. Following these measures will help save water, and water users are encouraged to save water year round.

a. V-0.1 Recommended Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is discouraged between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time.

b. V-0.2 Recommended Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is recommended to be limited to no more than three (3) days a week with a duration of fifteen (15) minutes watering per water day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70%) efficiency standard.

c. V-0.3 Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered should be corrected as soon as practical.

d. V-0.4. Washing vehicles at commercial conveyor car wash systems with recirculating water systems is recommended.

e. V-0.5 Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds with potable water is encouraged only to the extent needed to sustain aquatic life.

f. V-0.6 through 0.19 Reserved.

(2) Mandatory. The following mandatory (as indicated with an “M”) water conservation measures are in effect at all times. Following these measures will help save water, and water users are encouraged to save water year round.

a. M-0.20 Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device.

b. M-0.21 Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except for health and safety reasons by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume high-pressure water broom. This prohibition does not apply to pressure washing a wall when necessary for preparation prior to painting or repainting.

c. M-0.22 Recirculating Water for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water features that use non-recirculated water is prohibited.

d. M-0.23 Eliminate Excessive Water Flow or Runoff. Using water in any manner or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.

e. M-0.24 Irrigating within Forty-Eight (48) Hours of Rainfall. The applications of potable water to outdoor landscapes during or within forty-eight (48) hours following measurable rainfall is prohibited.

f. M-0.25 Prohibition against Watering Turf in Medians. The irrigation with potable water of ornamental turf on public street medians, including roundabouts, is prohibited.

g. M-0.26 Irrigation outside Newly Constructed Homes. The irrigation with potable water outside of homes and buildings constructed after May 18, 2015, in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission is prohibited.

h. M-0.27 Drinking Water Served upon Request Only. Eating or drinking establishments, including but not limited to a restaurant, hotel, cafe, cafeteria, bar, or other public place where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.

i. M-0.28 Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

j. M-0.29 Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

k. M-0.30 Installation of Non-recirculating Water System in Commercial Car Wash and Laundry Systems. Installation of non-recirculating water systems is prohibited in commercial conveyor car wash and new commercial laundry systems.

l. M-0.31 Pool Covers. It is required that all new and existing pools use a pool cover or solar blanket to reduce water loss due to evaporation.

m. M-0.32 Use of Recycled Water for Construction. When directed by the public works director, recycled water fill stations shall be made available for construction water for purposes including dust control. Recycled water fill stations may be removed upon completion of construction activities in the area.

n. M-0.33 Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water conserving dish wash spray valves.

(c) Level 1 Water Supply Shortage (Eleven Percent (11%) to Twenty Percent (20%) Reduction). A Level 1 water supply shortage exists when the city council determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and an eleven percent (11%) to twenty percent (20%) consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city council of a Level 1 water supply shortage condition, the following mandatory water conservation requirements shall apply during such time that the Level 1 water supply shortage is in effect:

(1) Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. The use of recycled water is exempt from this prohibition.

(2) Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than fifteen (15) minutes watering per designated water day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two (2) gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent (70%) efficiency standard. The use of recycled water is exempt from this prohibition.

(3) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three (3) days per week from April through October. The watering days are designated depending upon house address (odd house and no house address—Monday, Thursday, and Saturday, even house address—Tuesday, Friday, and Sunday). During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one (1) day per week (odd house and no house address—Monday, even house address—Tuesday).

(4) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within seventy-two (72) hours of notification by the city unless other arrangements are made with the city.

(d) Level 2 Water Supply Shortage (Twenty-One Percent (21%) to Thirty-Five Percent (35%) Reduction). A Level 2 water supply shortage exists when the city council declares, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a twenty-one percent (21%) to thirty-five percent (35%) consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration of a Level 2 water supply shortage condition, the more restrictive of the prohibited or limited uses of water set forth in subsection (c) of this section, and the following mandatory water conservation requirements shall apply during such time that the Level 2 water supply shortage is in effect:

(1) Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two (2) days per week from April through October. The watering days are designated depending upon house address (odd house and no house address—Monday and Thursday, even house address—Tuesday and Friday). During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one (1) day per week (odd house and no house address—Monday, even house address—Tuesday).

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the city unless other arrangements are made with the city.

(3) Limits on Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds with potable water is prohibited, except to the extent needed to sustain aquatic life; provided, that such animals are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this section.

(4) Drought Water Rates. City council may consider adopting rate structures and other pricing mechanisms to maximize water conservation.

(e) Level 3 Water Supply Shortage—Emergency Condition (Thirty-Six Percent (36%) to Fifty Percent (50%) Reduction). A Level 3 water supply shortage shall be referred to as a water shortage emergency. A Level 3 condition exists when the city council declares, in its sole discretion, a water shortage emergency and notifies its residents and businesses that a greater than thirty-five percent (35%) reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety, pursuant to Water Code Section 350 et seq. Upon the declaration of a Level 3 water supply shortage condition, the more restrictive of the prohibited or limited uses of water set forth in subsections (c) and (d) of this section and the following mandatory water conservation requirements shall apply during such time that the Level 3 water supply shortage is in effect:

(1) No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use:

a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;

b. Maintenance of existing landscape necessary for fire protection;

c. Maintenance of existing landscape for soil erosion control;

d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species;

e. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds; provided, that such irrigation does not exceed two (2) days per week for no more than fifteen (15) minutes watering per designated water day per station and is prohibited between the hours of 9:00 a.m. and 5:00 p.m. Pacific Standard/Daylight Savings Time, according to the schedule established in subsection (d)(1) of this section;

f. Actively irrigated environmental mitigation projects.

(2) Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within twenty-four (24) hours of notification by the city unless other arrangements are made with the city.

(3) Limits on New Potable Water Service. Upon declaration of a Level 3 water shortage emergency condition, the city may limit the issuance of new potable water services, temporary meters and/or statements of immediate ability to serve or provide potable water service (such as can and will serve letters, certificates, or letters of availability), except under the following circumstances:

a. A valid, unexpired building permit has been issued for the project; or

b. The project is necessary to protect the public health, safety, and welfare; or

c. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.

d. This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one (1) year or less.

(4) Limits on Building Permits. Upon declaration of a Level 3 water supply shortage emergency condition, the city administrator is authorized to implement a program in his or her discretion to limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements.

(5)  No New Annexations. Upon the declaration of a Level 3 water supply shortage condition, the city may suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any immediate increased use of water.

(f) Procedures for Determination/Notification of Water Supply Shortage. The existence of Level 1, 2, or 3 water supply shortage conditions may be declared by resolution of the city council adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to the level of water supply shortage conditions declared by the city council will take effect immediately after the shortage level is declared. Within ten (10) days following the declaration of the shortage level, the resolution shall be published pursuant to Water Code Section 376.

(g) Hardship Waiver. If, due to unique circumstances, such as a fire, a specific requirement of this article would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirement as provided in this section.

(1) Request. A written request for a hardship waiver must be submitted to the public works director.

(2) Supporting Documentation. The request for waiver must be accompanied by photographs, maps, drawings, and any other information as appropriate the applicant wishes to be used in reviewing the request.

(3) Required Findings for Waiver. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property. An application for a waiver will be denied unless the public works director finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:

a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

b. That, because of special circumstances applicable to the property or its use, the strict application of this article would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;

c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this article and will not be detrimental to the public interest; and

d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.

(4) Approval Authority. The public works director must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition.

(h) Mandatory Metering of Water Use at All City Hydrants. For uses other than fire suppression, all water delivered through city hydrants will require the use of meters in order to more accurately track the use of city water. (Ord. No. 2016-15, § 3, 8-1-16)

27.99 Enforcement.

If a water supply shortage is declared by council, it shall be the duty of all city employees to give vigilant aid to the public works director in the enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which shall come to their knowledge to the office of the public works director. (Ord. No. 2014-11, § 1, 8-4-14)

27.100 Violation penalty.

(a) Penalty. Any person violating, or causing or permitting to be violated, any of the provisions of this article may be deemed guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than thirty (30) days. Every such person shall be deemed to be guilty of a separate offense for every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.

(b) Notwithstanding any other provision of this article, whenever a violation of any section contained in this article is punishable as a misdemeanor, the city attorney may specify that the offense is an infraction, and proceed with prosecution as an infraction, unless the defendant objects to the offense being made an infraction, in which event the court may elect to have the complaint amended to charge as a misdemeanor, and the case shall proceed on a misdemeanor charge.

(1) First Violation. The city will issue a written warning and deliver a copy of the ordinance codified in this article by mail.

(2) Second Violation. A second violation within any consecutive twelve (12) month period is punishable by a fine not to exceed one hundred dollars ($100.00).

(3) Third Violation. A third violation within any consecutive twelve (12) month period is punishable by a fine not to exceed two hundred dollars ($200.00).

(4) Subsequent Violations. Any subsequent violations within any consecutive twelve (12) month period are punishable by a fine not to exceed five hundred dollars ($500.00).

(5) Separate Offenses. Each day that a person violated provisions of this article shall constitute a separate violation or offense.

(6) Willful Violations. In addition to fines, the city, after written notice, may install a flow restrictor device or discontinue service to consumers who willfully violate provisions of this section.

(c) All remedies provided for herein shall be cumulative and not exclusive. (Ord. No. 2014-11, § 1, 8-4-14; Ord. No. 2015-04, § 4, 5-18-15; Ord. No. 2016-15, § 4, 8-1-16)


1

Cross references—Water facility requirements in subdivisions, § 21.33.