Chapter 13.04
MUNICIPAL UTILITY DIVISION*
Sections:
13.04.010 Municipal utility division established--Supervision.
13.04.011 Definitions of municipal utilities.
13.04.020 Utility division account created.
13.04.030 Utility service--Application.
13.04.040 Utility service applicant--Credit and deposit.
13.04.070 Investigation--Right of entry.
13.04.090 Necessity for check valve.
13.04.100 Service requirement.
13.04.130 Metered service requirement.
13.04.140 Access to meter or shutoff valve.
13.04.150 Vacation of premises--In liability for bill.
13.04.170 Unpaid delinquent utility bills.
13.04.190 Unlawful utility connection.
* For statutory provisions on municipal water systems, see Gov. Code §38730 et seq.
Prior ordinance history: Ords. 49, 70, 95, 165, 167, 195, 199, 89-03, 90-03, 91-20, 92-21 and 95-01.
13.04.010 Municipal utility division established--Supervision.
A division to be known as the city of Kerman utility division hereinafter referred to as utility division is established. The utility division shall be under the supervision, control and management of the director of public works. (Ord. 01-01 § 1 (part), 2001)
13.04.011 Definitions of municipal utilities.
Municipal utilities are defined as those services for the public necessity and convenience which are established and provided by the city of Kerman a municipal corporation to the residents and businesses of Kerman for a service fee as follows:
A. Potable water service
B. Sanitary sewer service
C. Refuse and recycling service
D. Storm drain service
E. Street sweeping service
F. Other services as determined and established by the city council of the city of Kerman for the public convenience and necessity. (Ord. 01-01 § 1 (part), 2001)
13.04.020 Utility division account created.
There is created an account to be known as the utility division account. Each month at the second regular meeting of the city council a written report shall be submitted by the finance department of all money received or collected in the utility account during the last preceding month. (Ord. 01-01 § 1 (part), 2001)
13.04.030 Utility service--Application.
Before utilities shall be supplied to any person from the utility division infrastructure, the owner thereof shall make application for utility service on such forms as may be provided by the city for that purpose. The application shall contain a contract on the part of the applicant to pay the stipulated rates at the time and in the manner provided for in this chapter, to accept utility rates, charges and penalties as a lien against his or her property to be served and assuming responsibility for same, reserving to the city the right to enforce and collect rates, charges and penalties in the manner provided for by law, to charge rates and to temporarily discontinue the service at any time without notice to the consumer, and further provided that the utility division or any of its employees shall not be responsible for any damage by curtailment of a utility or utilities or due to defective, faulty, inadequate or improper utility equipment of the consumer or property owner. (Ord. 01-01 § 1 (part), 2001)
13.04.040 Utility service applicant--Credit and deposit.
All applicants for utility service whose credit has not been established to the satisfaction of the utility division shall pay a cash deposit at the time of making application for utility service of not less than six dollars per connection, the amount of deposit to be determined by the utility division based upon the class of service, and estimated consumption of utilities for up to a three-month period. The utility division shall have the right to require at any time that such deposit be increased to a sum equal to no more than three months’ estimated consumption of utilities. The applicant’s credit as mentioned in this section may be deemed established if he owns the premises where the utilities are used. Said deposit shall be returned upon the termination of service after all charges outstanding have been deducted therefrom. If the applicant is a residential tenant, no utility services shall be provided to the account of tenant unless and until (1) the tenant complies with the deposit requirements of this section and (2) a lockable shutoff valve is installed on the utility service connection to the individual tenant’s residence or (3) the property owner agrees in writing to be responsible for charges incurred on the account of tenant. (Ord. 01-01 § 1 (part), 2001)
13.04.050 Rates and charges.
Utility rates, incidental service and connection charges shall be established and fixed by resolution of the city council. (Ord. 01-01 § 1 (part), 2001)
13.04.060 Charges--Payment.
All of the city utility charges are due and payable monthly in advance on the first day of each month, excepting where meters are used, then the charges shall be due and payable on the first day of the month succeeding the month in which the water was used. All utility charges are payable at such place as the city council designates; and if not paid by the end of the month, the city shall add a ten percent penalty for delinquency. If utility charges and penalties for delinquency are not paid within five days thereafter, the director of public works shall immediately, without further notice, shut off the utility from the premises of the delinquent, and the utility shall not again be turned on, except upon the payment of the whole amount due the city for utility used up to the time the water was shut off, including the penalty for delinquency, and a water turn-on fee at a rate established by resolution of the city council. (Ord. 01-01 § 1 (part), 2001)
13.04.070 Investigation--Right of entry.
Any duly authorized agent of the utility division shall have the authority to enter any building or premises for the purpose of investigating the property of any applicant or consumer of utility service or services in order to designate the rate to be applied to the property and to view the water lines, sewer lines or other utility facilities and equipment connected therewith. Except in emergency situations, such agents of the utility division shall not enter any building or premises without the consent of the owner or occupant thereof, unless an investigation warrant authorizing such entry and investigation is first obtained. No person shall hinder or prevent the agents of the utility division while in the performance of the duties described in this section from entering upon and into any and all property at all reasonable hours for the purpose of inspecting the same in order to carry out the provisions of this chapter. No person except a duly authorized agent of the utility division shall turn the utilities on or off from any building or premises, and no person shall tap, cut or move any utility line laid in streets or alleys unless permission to do so has been granted by the utility division supplying the utility. Each water service must have a shutoff valve between the main valve and the house, and the shutoff valve is to be supplied by the owner. This shut-off valve is to be used in case of repairs to pipes or appliances on owner’s property. (Ord. 01-01 §1 (part), 2001)
13.04.080 Change of address.
No utility service shall be furnished to any person at a new address so long as such person shall have unpaid utility charges relating to another or former address. (Ord. 01-01 §1 (part), 2001)
13.04.090 Necessity for check valve.
Whenever the director of public works considers it necessary for the safety of the water system to have an approved check valve placed on the property line of any consumer’s service, due notice shall be given to the consumer requiring the same. The valve shall thereupon be immediately installed at the expense of the consumer. (Ord. 01-01 §1 (part), 2001)
13.04.091 Utility shut off.
A. Shut-Off Required for Emergencies. The city reserves the right to shut off the utility service to any premises from any part of the distributing system as long as necessary without notice to consumers at any time when the exigencies of the occasion may require it, but in all cases of extensions or connections, the utility division will notify consumers of the necessity of shutting off utilities and the probable length of time the utilities shall be shut off before taking such action.
B. Water Shut-Off Policy for Nonpayment of Residential Water Service. A written water shut-off policy for nonpayment of residential water service consistent with SB 998 shall be established by city council resolution and shall supersede any code, resolution, or policy inconsistent therewith. Such policy shall not apply to discontinued service under Section 13.04.150 regarding vacated premises. (Ord. 20-01 §1, 2020: Ord. 01-01 §1 (part), 2001)
13.04.100 Service requirement.
When property is to be served with utilities by the city, the service shall be provided to the property line with the exception of sewer service. Sewer service to individual properties is provided from the sewer main only. The responsibility for the sewer lateral and its connection to the main from the city sewer main to the dwelling or structure remains the responsibility of the property owner.
A. Service required upon availability of water or sewer service within two hundred feet of property. Once utility service is available within two hundred feet of an existing residence or occupied structure within the existing city limits, and within two years of receiving written notice of the director of public works that said service is available, the owner or person responsible for the residence or structure shall cause the residence or structure to be connected to and use the services available and shall pay all costs, fees and charges related thereto, including but not limited to, costs of installation and connection, inspection, all appropriate connection fees for service and pay all costs related to said service connections including front foot charges, oversize fees, major facility fees and necessary permits for connection to the utility systems available.
B. Service outside corporate limits. A service of utility services shall not be made outside the corporate limits of the city except in the following cases;
1. To those persons currently receiving the same;
2. To those persons who have entered into a written agreement with the city council for the provision of all utility service; or
3. To a public agency after the service has been approved by a resolution of the city council establishing the same and the rate therefor.
C. Any person receiving utility service pursuant to this section:
1. Shall execute an agreement with the city which conforms in all substantial respects to the "Agreement for Utility Service" which is incorporated by reference and attached to the ordinance codified in this section as Exhibit "A";
2. Shall be a "new connection" subject to the metered service requirements of Section 13.04.130 and any subsequent amendments thereto;
3. Agrees to connect to, and pay all applicable charges and fees for, any other utility service offered by the city;
4. If requested by the city of Kerman, agrees to petition for annexation of the property served to the city within five years of (a) the date of connection, or (b) the effective date of the ordinance codified in this section, whichever date is later; and
5. Agrees to pay for all utility services provided at a rate set by the city council.
D. Subsection C of this section shall not apply to:
1. Any public agency; or
2. Any person receiving utilities under the terms of any pre-existing contract or obligation, but only to the extent that such contract expressly specifies a term in conflict with the requirements of subsection C of this section. (Ord. 01-01 § 1 (part), 2001)
13.04.130 Metered service requirement.
A. On and after January 1, 1992 a water meter of a type specified or approved by the director of public works of the city shall be installed to measure the water service provided to the following water service connections:
1. All new connections;
2. Any property at time of transfer, conveyance or on sale;
3. When required by a conditional use permit at the discretion of the planning commission;
4. Any user who is found to be habitually wasting water.
5. Any existing commercial or industrial water customer not having metered water service upon written notice of the director of public works. Said notice shall include a minimum of ninety days for the property owner to install said water meter; or
B. The cost of installation of the meter shall be paid by the property owner, and such costs may be collected as provided in this chapter.
C. Where metered services are installed, the water shall pass through the meter and no bypass or connection between the main and the property shall be made, maintained or permitted except as may be installed by permission of the director of public works for fire services. (Ord. 01-01 § 1 (part), 2001)
13.04.140 Access to meter or shutoff valve.
It shall be the duty of each consumer and owner or person responsible for the premises to keep the space about the meter or shut off valve servicing his property free and clean of trash, garbage, barrels, boxes, dirt, oil, building material or other obstructions that may in any way interfere with the free access to the same by the employees of the utility division at any time; and upon failure to do so, the director of public works shall give notice, either in writing or in person, to the owner or occupant of the property to remove such obstruction within twenty-four hours; and on failure to do so, the obstruction may be removed by the utility division and the cost thereof, and shall become a lien against the property, and shall be due and payable at the same time and in the same manner as other charges provided for in Section 13.04.060. (Ord. 01-01 § 1 (part), 2001)
13.04.150 Vacation of premises--In liability for bill.
Whenever a consumer shall vacate any premises, he or she shall immediately give notice thereof to the utility division. Upon receipt of such notice the utility division shall shut off the utilities from the premises and immediately present to the consumer all unpaid bills for utilities furnished by the city to him or her up to that time, and the consumer shall thereupon pay the bills. In the event that the consumer shall have made a deposit with the division, the balance, if any, of such deposit shall be returned to the consumer after deducting therefrom the amount of the bills. Until such notice and payment shall have been made, the premises shall be deemed occupied by said consumer and his or her liability for utility services and unpaid bills shall continue. (Ord. 01-01 § 1 (part), 2001)
13.04.170 Unpaid delinquent utility bills.
All unpaid delinquent utility bills shall be, to the extent permitted by law, a lien on the property serviced and shall be collected and enforced as a special assessment thereon in the same manner that unpaid city taxes on the property are collected and enforced when the assessment has been levied and confirmed by a resolution of the city council. (Ord. 01-01 § 1 (part), 2001)
13.04.180 Unlawful acts.
It is unlawful for any person to do any of the following:
1. Open any street hydrant or valve or to tamper with or interfere with any street service, water connection, reservoir, pumping plant or any water meter attached to any service line connected with the city mains or water lines or hydrants of the city;
2. Turn on and off water mains or water lines of the city; or to tap, break, damage any water main, water line, meter or other fittings of the city laid in any street, avenue, alley or other public place;
3. Tamper with, deposit or cause to be deposited in any water main or line of the city any fluid or solid matter or substance of, any kind or to do any act that might cause water to become polluted;
4. Make or add any water connection, line, main or service not authorized by the director of public works; and
5. Take, pump or draw water from any water main, line or hydrant of the city without first arranging with the utility division for the same and paying the established rate therefor. (Ord. 01-01 § 1 (part), 2001)
13.04.190 Unlawful utility connection.
If an unlawful utility connection, line, main or service or utility consumption is found to exist on any premises by the director of public works, the director of public works shall post in a conspicuous place on the premises a written notice specifying that the same is in violation of this section, giving the particulars thereof and if the violation shall thereafter continue for forty-eight hours without correction, the director of public works shall terminate utility service to the premises, which water service shall not again be turned on until the violation has been cured in accordance with the specifications of the director of public works and a penalty is paid therefor equal to the penalty for delinquency specified in section 13.04.060. In addition to and at the time of posting the notice, a copy thereof shall be mailed to the person occupying the premises addressed to the common address of the premises or in lieu thereof, delivered personally to the occupant. (Ord. 01-01 § 1 (part), 2001)