Chapter 13.04
WATER SERVICE SYSTEM
Article 1
General Provisions
Sections:
13.04.010 Definitions.
13.04.020 Applicability—Shutting off water for violations.
13.04.030 Application for water service—Deposit.
13.04.040 Water service connections—Costs.
13.04.050 Water service connections—Installation generally.
13.04.060 Meters generally.
13.04.070 Water main extensions.
13.04.080 Water rates.
13.04.090 Right of city to contract for water.
13.04.100 Rules and regulations generally.
13.04.110 Responsibility for payment of charges.
13.04.120 Notices.
13.04.130 Enforcement—Discontinuance of service upon delinquency.
13.04.140 When water charges become effective—Discontinuance of service at consumer’s request.
13.04.150 Water shortages.
13.04.160 Duties of superintendent, city clerk and city treasurer.
13.04.170 Disposition of moneys—Funds.
13.04.180 Appeals.
13.04.190 Pollution of city reservoirs—Wading, swimming and cutting wood.
13.04.200 Private fire service—Requirements—Rates.
13.04.210 Public fire hydrants—Operation and maintenance—Rates.
Article 2
Water Shortage Emergencies
Sections:
13.04.220 Procedure for establishment of water emergency limitation phases.
13.04.230 Phase I water regulations.
13.04.240 Phase II water regulations.
13.04.250 Phase III water regulations.
13.04.260 Phase IV water regulations.
13.04.265 Phase V water regulations.
13.04.270 Termination of water emergency regulation phases.
13.04.280 Exception permits.
13.04.290 Failure to comply with mandatory water conservation measures.
13.04.300 Hearing for violations.
13.04.310 Violation—Misdemeanor.
Article 1
General Provisions
13.04.010 Definitions.
For the purposes of this chapter and Chapters 13.08 and 13.12, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Agricultural purpose” means the growing, raising or maintaining of trees, vines, shrubs, flowers, berries, vegetables, nursery stock, hay, grain, food crops, fiber crops and animal husbandry. Agricultural purpose does not include sustaining products for the purpose of resale.
“Animal husbandry” means the breeding and raising of cattle, sheep, horses and similar species, llamas, goats, pigs and rabbits, and poultry and egg production.
“Department” means the municipal water department of the city.
“Premises” is a lot or parcel under one ownership, except that portions thereof having well defined boundaries such as fences or hedges, which prevent the common use of the property by all occupants shall be deemed separate premises.
“Superintendent” means the superintendent of the water department of the city. (Prior code § 18.1)
13.04.020 Applicability—Shutting off water for violations.
The rules and regulations set forth in this chapter and Chapters 13.08 and 13.12 for the management, control and use of the municipal water department, and penalties for the violation thereof, and rates to be charged for water or services furnished to consumers, are prescribed and established and are applicable to all consumers, whether inside or outside the city limits, in the absence of express limitations hereinafter set forth.
Every person taking water shall be considered as having expressed his or her consent to be bound by the provisions of this chapter, and whenever any one of such rules and regulations is violated the city may shut off the water to the user with proper notice as set forth in Section 10010 of the California Public Utilities Code and the water shall not be turned on again until all unpaid rents and charges are paid and other requirements of this chapter and Chapters 13.08 and 13.12 are met. (Ord. 02-5 § 18 (part): prior code § 18.2)
13.04.030 Application for water service—Deposit.
A. To Be Signed and in Writing. Every person desiring a water supply from the department shall make written application at the office of the department. Such application shall be signed by the applicant.
B. Nonowner’s Deposit. Whenever an application is made for the furnishing of water to premises and the applicant is not the owner in fee of such premises, a deposit shall be made with the department at the time such application is made in the amount prescribed by resolution of the city council. Such deposit shall be held by the department as a guarantee for the payment of all water consumed, and payment of all other charges owing from the applicant to the department. Whenever any applicant removes from such premises owing nothing for water by him or her used, or any other charges of the department, or whenever the applicant shall become the owner in fee of such premises, the deposit shall be returned to the applicant making the same. Otherwise, the deposit shall be returned to the applicant less all charges owing by the applicant to the department.
C. Special Pumping Cost Deposit. Whenever an application is made for the furnishing of water to premises served with special reservoir and pumping facilities as defined in Section 13.04.080(B) of this code, a deposit, in addition to any other deposits required by this section, shall be made with the department at the time such application is made in the amount of fifteen dollars ($15.00). Such deposit shall be held by the department as a guarantee for the payment of the special pumping cost charges and payment of all other charges owing from the applicant to the department. Whenever any applicant removes from such premises owing nothing for water by him or her used, or any other charges of the department the deposit shall be returned to the applicant making the same. Otherwise the deposit shall be returned to the applicant less all charges owing by the applicant to the department.
D. Form for Applications. The application for the furnishing of water to an applicant shall be made in writing and shall be in such form and shall contain such stipulations, terms and provisions as may from time to time be fixed and provided by resolution of the city council and printed on an application form provided by the department. (Prior code § 18.3)
13.04.040 Water service connections—Costs.
A. Generally. When the premises to which water is to be furnished under the application made in writing has no connection already installed for use on the premises, the applicant shall pay all costs of the installation and service connection. The costs which shall be included as charges for making service installations shall be: All materials costs, including fittings, valves, pipes, meter, meter box and other costs incurred by reason of peculiarities of the installation.
B. Cost of Digging and Drilling. Whenever it is required that a trench be dug to install any water service, the digging and filling of the same shall be done by the department at the cost of the applicant.
C. Cost of Replacing Pavement. Whenever the service is installed on a paved street, the applicant shall pay the cost of replacing the pavement. Such costs of digging and refilling trenches and of replacing the pavement to be in addition to all other charges provided for installation of water service.
D. Superintendent to Fix Charges. The superintendent of the water department is empowered to estimate and fix the charges to be made for all service connections, subject to the approval of the city council.
E. When Due and Payable. All such sums herein provided for to be paid by the applicant shall be due and actually paid before any of the work is commenced and in no event shall the work of installing any water service be commenced until all sums required to be paid have been actually paid by the applicant. None of such sums so paid, nor any portion thereof, shall be refundable to the applicant.
F. Schedule of Water Collection Charges. Every person making a connection to the city water system shall, immediately prior to making such connection, pay to the city a connection charge in accordance with the following schedule:
In addition to the above costs, there shall be one of the following water connection charges:
1. Standard Service Connection (Complete). Minimum charges for standard complete service connections are shown below. A “standard” complete connection is defined as one where the service pipe is tapped into a water main of eight-inch diameter or less, where open trench excavation can be used and where the distance from the main to the meter is not over forty (40) feet. The service connection is complete in that it includes service pipe, meter box, meter and necessary fittings. Extraordinary costs, as determined by the city engineer, shall be billed and paid by the applicant.
|
Size of Meter |
Inside City |
Outside City |
|
3/4 inch meter |
$1,000.00 |
$1,025.00 |
|
1 inch meter |
$1,200.00 |
$1,225.00 |
|
1 1/2 inch meter |
1,625.00 |
1,650.00 |
2. Standard Service Connection (Partial). A “standard” partial connection applies to those cases where a copper service pipe has been stubbed in during the development of the subdivision and only the setting of the meter box and meter remains to be done by the water department.
|
Size of Meter |
Inside City |
Outside City |
|
3/4 inch meter |
$150.00 |
$200.00 |
|
1 inch meter |
275.00 |
325.00 |
|
1 1/2 inch meter |
550.00 |
650.00 |
(Prior code § 18.4)
13.04.050 Water service connections—Installation generally.
A. When Connection May be Made. The applicant having complied with the requirements of this chapter and Chapters 13.08 and 13.12 relating to the application for service, and having paid all charges incurred, the property described in the application shall be connected with the water mains and water furnished to the applicant.
B. Extension of Mains. No service shall be installed by the department on any private property, or extended beyond the curb of the street in which the department’s mains are installed, except where the city owns or controls water pipe line rights-of-way over private property and has water mains installed therein. The applicant for water service shall, at his or her own expense, extend service lines to the nearest open and accepted public street or place where service will be installed by the department, subject to all other terms and provisions set forth in this chapter and Chapters 13.08 and 13.12, except that the department may, at its option, allow water service connections to its water mains installed in the rights-of-way above described; provided, that the applicant at his or her own expense extends service lines to the water mains.
C. Multiple Connections Prohibited Generally. No one service connection shall supply water to more than one premises.
D. Exceptions to Multiple Connection Requirements. If under particular circumstances it be determined by the city council that it be impracticable to install one service connection for every premises and advantageous to the department to furnish water to more than one premises through one service connection, then water may be so furnished by the department. After any such installation of water service for more than one premises through one service connection, the city council may, if it determines that by reason of changed circumstances, it has become practicable to install one service connection for each of the premises, then the city council may elect to install a separate service connection and meter for each of such premises at the cost and expense of the owner of the premises, to be paid for by the owner of the premises.
E. Service to More Than One Consumer Through One Connection and Meter. Where there is more than one consumer supplied through one service connection and one meter, the department shall hold the applicant or other person agreed upon responsible for payment of all water furnished through the one service connection or one meter; provided, that where practicable to serve each consumer through a separate service connection, the city council may at its election install a separate service connection and meter for each such consumer at the cost and expense of the property owner or consumer, to be paid for by the property owner or consumer, and thereafter collected at the established meter rates for water supplied through each meter.
F. Extension Along Frontage of Premises Served. In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or public right-of-way across the entire frontage of the premises to be served; provided, however, that if, under particular circumstances, it is determined by the city council that no public purpose would be served to require the water main to extend across the entire frontage, such as, without limitation, those cases involving dead-end streets or cul-de-sacs, the council may determine a lesser distance to which it is necessary to extend the water main across the frontage to serve the public purpose.
G. Prohibitions. No service connection shall be given or made from which any consumer service line shall run length-wise on any public street, nor shall any service connection be given or made from which two or more consumer service lines shall run lengthwise on any private road.
H. Service Outside City Limits. No water service connection or water main extension shall be made or given to premises located outside the city limits except (1) to provide private fire service in accordance with Section 13.04.200 and (2) to provide reclaimed water in accordance with city policies and procedures. (Ord. 03-5 § 1; prior code § 18.5)
13.04.060 Meters generally.
A. Location, Size, Etc. A water service meter shall be installed by the department for each service connection. Water service meters shall be installed only in public streets or places. It shall be unlawful for any consumer to obstruct access to water service meters. On every meter installation the size and exact location of the meter shall be determined by the superintendent subject to approval of the city council.
B. To Remain City Property—Maintenance. All water meters installed by the department shall remain at all times the property of the city and shall be maintained, repaired and renewed by the department when rendered unserviceable through ordinary wear and tear and damage by the elements; provided, that where replacements, repairs or adjustments for any meter are necessary as a result of the negligence of the owner or occupant of any premises, any expense caused to the department thereby shall be charged against and collected from the owner of the premises.
C. Tests. Upon the deposit of the sum of two dollars ($2.00) with the department by any consumer, the superintendent shall test the meter at the premises of the consumer. The consumer shall be notified in writing by the superintendent twenty-four (24) hours in advance and may be represented at such test. If, upon examination and test, the meter is found to over-register more than two percent, an accurate meter will be substituted for it, the fee of two dollars ($2.00) will be refunded to the depositor and the water bill adjusted to correct the error discovered. If it be determined that the meter over-registers less than two percent, the fee of two dollars ($2.00) will be retained by the department. (Prior code § 18.6)
13.04.070 Water main extensions.
A. Application. The provisions of this section shall apply to water main extensions, both within and without the boundaries of the city, except that they shall not apply to any water main extensions within the boundaries of any subdivision.
B. Duties of Applicants—Materials—Payments. Applicants for water main extensions to service premises where such extensions are necessary, which necessity shall be at the sole and absolute discretion of the city council shall be required: (1) to pay to the department the estimated reasonable cost of the necessary facilities before construction is commenced; and (2) to transfer and convey to the city all water mains, pipes and necessary easements therefor. The size, type and quality of the materials and the location of lines shall be specified by the city council in its sole and absolute discretion. All such sums herein provided for to be paid by the applicant for water main extensions shall be due and actually paid before any of the work is commenced and in no event shall the work of installing any water service be commenced until all sums required to be paid have been actually paid by the applicant. Any excess of the amount so paid in by the applicant over the actual cost shall be refunded to the applicant, and in the event the actual costs thereof exceeds the amount actually paid by the applicant, the water service shall not be turned on until the differential is paid to the department.
C. Additional Connections. Additional water service connections to any such extended water mains shall be permitted only at the sole and absolute discretion of the department.
D. Size. All water main extensions shall be of size and shall be connected to the city water system at a point where there is an adequate water supply under proper pressure as determined by the city council.
E. Special Extension Prorate Charge—Determination, Etc. In addition to the usual costs of a water service connection as provided in Section 13.04.040, a special extension prorate charge shall be required and collected from applicants for water service in those instances where the present or past owners of the premises to be served have not participated in the cost of installing the main fronting their premises and which main was installed within a period of twenty (20) years prior to the date of granting the application for the water service connection but after the effective date of this section, September 12, 1961. The charge shall be determined by multiplying the footage of the premises lying along and which may be served directly from the main extension by one-half of the lineal per foot cost of the main extension, but not to exceed the costs of a six-inch main if installed by the department. The charge shall not be applied more than once to any premises. The charge shall be estimated and fixed by the superintendent of the water department, subject to the approval of the council and shall be payable prior to the installation of water service. Except in unusual circumstances as determined by the city council premises already served by the department at the date of installation of the main extension will be exempt from the payment of the special extension prorate charge.
F. Special Extension Prorate Charge—When Effective. The special extension prorate charge shall be in effect for a period of twenty (20) years from:
1. The date of execution of the main-extension agreement, if the main extension is financed by property owners; or
2. The date of official completion of the main extension, if financed by the city.
G. Special Extension Prorate Charge—Rights of Applicant Financing Main Extension. The applicant who has financed the main extension shall be entitled to the special extension prorate charges collected by the department as a part of the service connection costs. The amounts collected shall be refunded to the applicant in accordance with the terms of the main-extension agreement between the city and the applicant. The refunds shall be made within ninety (90) days following the date of collection thereof by the city. No refunds of the extension prorate charges shall be made after twenty (20) years from the date of execution of the main-extension agreement.
H. Subdivision Off-Tract Facilities. If the city council determines that there is not a sufficient off-tract water main from a point where there is an adequate water supply under proper pressure to a point of connecting to in-tract subdivision water mains, the city shall have no obligation to make a connection or extension unless and until the applicant shall finance and make a special agreement with the city for the construction and installation of required off-tract water mains. It is found and determined that at the time no uniform rule can be laid down with respect to the sharing of the cost of such off-tract water main, but that each case must be evaluated on its own merits. Such special agreement need not provide for refunds according to subsection G of this section but may provide for refund or reimbursement to the applicant in such manner as the council determines to be in the best interests of the city. If such an off-tract water main shall be constructed, it shall be a limited purpose through line not designed or intended to serve the properties through which it passes and the city shall not be deemed to have “assumed to serve” any such area through which it passes unless and until the city council shall expressly so declare by later motion or resolution. (Prior code § 18.7)
13.04.080 Water rates.
A. Charges Imposed. Owners of property shall pay the city a charge for water service on a monthly basis, as set forth in the schedule below (see Table 1). Water charges shall be used for the purpose of providing funds: (1) for the payment at or before maturity of the principal of and interest on all water revenue bonds heretofore or hereafter issued by the city for the purpose of the acquisition, construction, improvement or financing assessed upon all premises connected with the water system, the cost of improving the water system or for the purpose of acquiring, constructing or improving extensions, additions or betterments to the water system; and (2) for payment of the cost of maintenance and operation of the water system, including administrative costs, the water rates and charges hereinafter are set forth for water furnished or available to such premises by the water system.
B. Premises served with special reservoir and pumping facilities means those premises requiring reservoir and pumping facilities to furnish water service thereto, which facilities are not for the general benefit of the city’s entire water system but are for the special benefit of the premises served. Premises in the Meadowood service area shall be subject to additional water surcharges, as specified in Table 2. Premises subject to the Meadowood water surcharges are those premises served with special reservoir and pumping facilities, which facilities are not for the general benefit of the city’s entire water system but are for the special benefit of the premises served.
C. All property provided water service by the city’s water system shall pay for service on a monthly basis. The city shall pay for all water furnished or made available by the water system for municipal purposes of the city. No water and no services or facilities of the water system shall be furnished to any consumer or to any person free of charge.
D. In any case in which the water meter is inoperative for a particular month, the person being served by such meter shall pay for the water received for that month an amount equal to the amount paid by such person for the same month of the immediately preceding year.
E. Effective Dates for Rate Adjustment. Rates shall be effective for the billing cycle that begins after July 1, 2011.
F. Automatic Adjustment of Water Rates. Beginning on or after January 1st of each respective year (beginning in 2013), water rates shall be increased by the higher amount of (1) the percentage increase of the Consumer Price Index as calculated by the United States Department of Labor for the San Francisco Oakland-San Jose area (Series CUURA422SAO) for the twelve (12) month period from August of the year prior to the increase to August of the year of the increase or (2) the increase (if any) to the rate charged by the city of Napa for purchased water (outside customer rates). Annual adjustments would occur each January from 2013 through 2016; provided, however, in no event shall such rates increase by more than the cost of providing water service.
|
July 2011 |
||||
|
Inside City |
Outside City |
|||
|
Monthly Fixed Service Charges |
||||
|
5/8" meter |
$ |
24.81 |
$ |
24.81 |
|
1" meter |
$ |
57.51 |
$ |
57.51 |
|
1 1/2" meter |
$ |
111.89 |
$ |
111.89 |
|
2" meter |
$ |
177.16 |
$ |
177.16 |
|
3" meter |
$ |
329.52 |
$ |
329.52 |
|
4" meter |
$ |
547.26 |
$ |
547.26 |
|
6" meter |
$ |
1,091.03 |
$ |
1,091.03 |
|
8" meter |
$ |
1,744.95 |
$ |
1,744.95 |
|
Residential Water Usage Rates ($/HCF) (1) (2) |
||||
|
Tier 1 |
$ |
4.05 |
$ |
4.05 |
|
Tier 2 |
$ |
6.07 |
$ |
6.07 |
|
Tier 3 |
||||
|
Nonresidential Water Usage Rates ($/HCF) (3) (4) |
||||
|
Tier 1 |
$ |
4.05 |
$ |
4.05 |
|
Tier 2 |
$ |
6.07 |
$ |
6.07 |
|
Tier 3 |
||||
|
Landscape Irrigation Rate ($/HCF) (5) |
||||
|
All Usage |
$ |
4.71 |
$ |
4.71 |
|
Notes: |
||||
|
(1) Current monthly residential tier allocations are as follows: |
||||
|
Single-family: Tier 1 = 0 – 10 HCF, Tier 2 = 11 – 40 HCF, and Tier 3 = 41+ HCF |
||||
|
Multifamily: Tier 1 = 0 – 4 HCF, Tier 2 = 5 – 10 HCF, and Tier 3 = 11+ HCF |
||||
|
(2) Proposed monthly residential tier allocations are as follows: |
||||
|
Single-family: Tier 1 = 0 – 14 HCF, Tier 2 = 15+ HCF |
||||
|
Multifamily: Tier 1 = 0 – 5 HCF, Tier 2 = 6+ HCF |
||||
|
(3) Current monthly nonresidential tier allocations are as follows: |
||||
|
5/8" and 1" meters: Tier 1 = 0 – 18 HCF, Tier 2 = 19 – 60 HCF, and Tier 3 = 61+ HCF |
||||
|
1 1/2" meters: Tier 1 = 0 – 30 HCF, Tier 2 = 31 – 200 HCF, and Tier 3 = 201+ HCF |
||||
|
2" meters: Tier 1 = 0 – 50 HCF, Tier 2 = 51 – 250 HCF, and Tier 3 = 251+ HCF |
||||
|
3" meters: Tier 1 = 0 – 175 HCF, Tier 2 = 176 – 500 HCF, and Tier 3 = 501+ HCF |
||||
|
4" meters: Tier 1 = 0 – 250 HCF, Tier 2 = 251 – 750 HCF, and Tier 3 = 751+ HCF |
||||
|
6" meters: Tier 1 = 0 – 350 HCF, Tier 2 = 351 – 1,250 HCF, and Tier 3 = 1,251+ HCF |
||||
|
8" meters: Tier 1 = 0 – 500 HCF, Tier 2 = 501 – 2,000 HCF, and Tier 3 = 2,001+ HCF |
||||
|
(4) Proposed monthly nonresidential tier allocations are as follows: |
||||
|
5/8" and 1" meters: Tier 1 = 0 – 36 HCF, Tier 2 = 37+ HCF |
||||
|
1 1/2" meters: Tier 1 = 0 – 120 HCF, Tier 2 = 121+ HCF |
||||
|
2" meters: Tier 1 = 0 – 192 HCF, Tier 2 = 193+ HCF |
||||
|
3" meters: Tier 1 = 0 – 360 HCF, Tier 2 = 361+ HCF |
||||
|
4" meters: Tier 1 = 0 – 600 HCF, Tier 2 = 601+ HCF |
||||
|
6" meters: Tier 1 = 0 – 1,250 HCF, Tier 2 = 1,251+ HCF |
||||
|
8" meters: Tier 1 = 0 – 1,920 HCF, Tier 2 = 1,921+ HCF |
||||
|
(5) Rate applies to customers meeting the following criteria: |
||||
|
– Service must be for landscape irrigation of public space (e.g., park, school, or residential common area). |
||||
|
– Customer must implement water conservation best management practices, as determined by the city. |
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|
– Customer must accept more stringent water use cutbacks during periods of water shortage, as determined by the city. |
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|
July 2011 |
||
|
Monthly Meadowood Pumping Surcharges |
||
|
Total Water Consumption in HCF used by all accounts served by same special reservoirs and pumping stations |
||
|
0 – 150 |
$ |
1.635 |
|
151 – 200 |
$ |
1.310 |
|
201 – 250 |
$ |
1.127 |
|
251 – 300 |
$ |
0.967 |
|
301 – 350 |
$ |
0.797 |
|
351 – 400 |
$ |
0.725 |
|
401 – 450 |
$ |
0.666 |
|
451 – 500 |
$ |
0.584 |
|
501 – 550 |
$ |
0.504 |
|
551 – 600 |
$ |
0.452 |
|
1,201 – 1,250 |
$ |
0.446 |
|
1,251 – 1,500 |
$ |
0.430 |
|
1,501 – 1,750 |
$ |
0.421 |
|
1,751 – 2,000 |
$ |
0.391 |
|
2,001 – 2,250 |
$ |
0.365 |
|
2,251 – 2,500 |
$ |
0.349 |
|
2,501 – 2,750 |
$ |
0.332 |
|
2,751 – 3,000 |
$ |
0.323 |
|
3,001 – 3,250 |
$ |
0.308 |
|
3,251 – 3,500 |
$ |
0.299 |
|
3,501 – 3,750 |
$ |
0.291 |
|
3,751 and above |
$ |
0.276 |
|
Monthly Meadowood Maintenance Surcharge |
||
|
Per Residential Unit |
$ |
25.19 |
|
Meadowood Complex (99 units + clubhouse) |
$ |
2,518.56 |
Beginning on or after January 1st of each respective year (beginning in 2013), Meadowood water surcharges shall be increased by the percentage increase of the Consumer Price Index as calculated by the United States Department of Labor for the San Francisco Oakland-San Jose area (Series CUURA422SAO) for the twelve (12) month period from August of the year prior to the increase. Annual adjustments would occur each January from 2013 through 2016; provided, however, in no event shall such rates increase by more than the cost of providing water service.
Rates for future years shall be effective for the billing cycle that begins on or after January 1st of each respective year. (Ord. 11-4 § 2: Ord. 08-1 § 1; Ord. 05-5 § 1; Ord. 04-9 § 1; Ord. 04-1 § 1; Ord. 01-1 § 1: prior code § 18.8)
13.04.090 Right of city to contract for water.
Under special circumstances, the city council reserves the right and power to contract separately with any person for the sale and delivery of water within or outside the corporate limits of the city at wholesale rates to be fixed and agreed upon by resolution of the council. (Prior code § 18.9)
13.04.100 Rules and regulations generally.
A. Unmetered Service. At its option, the department may furnish unmetered water service to applicants for temporary purposes at rates set forth in a schedule of rates established by resolution of the city council. Applicants for such unmetered service shall pay in advance for all costs of connecting such service and shall deposit an amount equal to the estimated maximum bills for the service to be rendered as determined by the superintendent.
B. Right of Access. Duly authorized representatives of the department shall have the right of access at all reasonable hours to any premises where water from the department’s water system is used for the purpose of inspection and examination.
C. Persons Authorized to Make Connections. No person other than the duly authorized representatives of the department shall connect the consumer’s service to or disconnect the same from the water mains of the department.
D. Shutoff Valves. Every water consumer shall install and maintain at his or her own expense a shutoff valve inside the property line at a location accessible in event of emergency.
E. Permission to Supply Additional Premises. No person, whose premises are supplied with water shall furnish water to other premises, unless he or she shall first make application in writing to the department and secure approval in writing.
F. Agricultural Use. Water purchased from the department pursuant to the provisions of this chapter and Chapters 13.08 and 13.12 may not be used for any agricultural purpose except in one of the following conditions:
1. The products or results of such agricultural purpose are consumed or enjoyed solely by or on the premises of the water customer;
2. The water used for an agricultural purpose is recycled from some nonagricultural use by the water customer;
3. The city council has expressly granted permission to the water customer to use water for the agricultural purpose;
4. Water serving the premises has been used for an agricultural purpose during the six months preceding August 9, 1994, in which case only that particular agricultural use may continue and may not be expanded; or
5. Parcels are less than one-half acre in size.
G. Bills for Charges. All bills for water charges will be rendered by the city bimonthly. All bills shall become due and payable upon presentation and shall be paid at the office of the department.
H. Supplemental Rules. The city council may, by resolution, provide such supplementary rules and regulations as it deems necessary or advisable to accomplish the interest and purposes of this chapter and Chapters 13.08 and 13.12.
I. Previous Agreements. None of the provisions of this chapter and Chapters 13.08 and 13.12 shall apply to or in any manner affect any agreement for furnishing water, for extension of water mains or installation or maintenance of water service made before June 10, 1952, and to which the city is a party, but as to such agreements, the provisions and requirements of ordinances and resolutions in force at date of such agreement shall apply and any and all such agreements so made are ratified and confirmed. (Ord. 02-5 § 18 (part): prior code § 18.10)
13.04.110 Responsibility for payment of charges.
All water charges shall be billed to the person making application for water service per Section 13.04.030 of this chapter, unless requested by the owner to be billed differently. All water charges shall be the responsibility of the owner of the premises upon which the charges fixed are levied and assessed or his or her successor in interest. (Prior code § 18.11)
13.04.120 Notices.
A. Notices from the city to any consumer will be given in writing, either delivered to the consumer or mailed to his or her last known address, except that where conditions warrant or in any emergency the city may give verbal notice by telephone or in person.
B. Notices from a consumer to the city may be given by the consumer or his or her authorized representative verbally or in writing at the office of the department or to the city clerk, or may be sent by mail to the superintendent’s office. (Prior code § 18.12)
13.04.130 Enforcement—Discontinuance of service upon delinquency.
A. Discontinuance of Service to Abate Dangerous Conditions, Waste, etc. The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is found by the superintendent to be dangerous or unsafe or where the use of water on such premises is found by the superintendent to be detrimental or injurious to the water service furnished by the city to other consumers, or where the superintendent finds that negligent or wasteful use of water exists on any premises which affects the city’s water service. The city shall have the right to refuse or discontinue water service to any premises if necessary to protect itself against fraud or abuse.
B. Enforcement by Superintendent. The superintendent is charged with the enforcement of all the provisions of this chapter and Chapters 13.08 and 13.12.
C. Discontinuance for Certain Violations. In the event of violation, other than nonpayment of water service charges, of any terms of this chapter and Chapters 13.08 and 13.12, the superintendent may disconnect any premises from the water system after first notifying in writing the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which, upon the failure of such person to prevent or rectify the violation, the superintendent will exercise his or her authority to disconnect the premises from the water system; provided, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at St. Helena, Napa County, California, addressed to the person to whom notice is given; provided, however, that in the event such violation results in a public hazard or menace, then the superintendent may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
D. Failure to Pay Bill. Bills are due and payable upon presentation and delinquent after thirty (30) days. Upon failure of any consumer billed or the owner of any premises to pay any water service charge prior to the delinquency, the following action or actions shall be taken by the city to enforce such payment after such bill becomes delinquent:
1. Impose a penalty for delinquency of ten percent (10%) of the amount then delinquent;
2. Assess interest in the amount of one percent per month or fraction thereof on the amount delinquent from the date on which the bill remittance first became delinquent until paid;
3. Disconnect the premises from the water system for nonpayment of water bills with proper notice as set forth in Division 5, Chapter 1 of the California Public Utilities Code;
4. Cause an action at law to be brought on behalf of the city against the person responsible for payment of such bill to recover the amount of such bill and the cost of such action including reasonable attorney fees incurred in an amount fixed by the court.
E. Reconnection Fee. Whenever any premises have been disconnected from the water system for any violation of this chapter or Chapters 13.08 and 13.12, such premises shall not be reconnected to the water system until all delinquent charges, penalties and interest have been paid, together with a reconnection charge as may be set by resolution of the city council.
F. Lien for Delinquencies. In addition and as an alternative to any other remedy for enforcement and collection, all delinquent water service charges, including late charges and interest for nonresidential properties, shall become a lien upon the nonresidential real property upon which water is furnished prior to all other liens, encumbrances or exemptions, other than state and county taxes, and shall have the force and effect of a tax lien. The lien shall continue until it is paid together with the penalties and interest set forth in this section. The lien shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All acts applicable to levy, collection and enforcement of municipal taxes apply to this lien. (Ord. 02-5 § 18 (part): prior code § 18.13)
13.04.140 When water charges become effective—Discontinuance of service at consumer’s request.
A. Water charges shall become effective against all premises immediately upon connection to the water system.
B. Any consumer may have his or her water service discontinued by giving notice requesting discontinuance at least two days prior to the requested date of discontinuance. Each such consumer shall pay all water charges up to and including the date of discontinuance stated in such notice. In any case where such notice is not given, the consumer shall be required to pay for water service until two days after the city has knowledge that the consumer has vacated the premises or otherwise discontinued water service. The city shall make a charge of one dollar ($1.00) for restoring water service to any consumer whose water service has been discontinued at his or her request.
C. If the discontinuance of a water service under subsection B of this section continues more than thirty (30) days, the consumer may request that the water service be placed on a standby basis. While on a standby basis, the water service rates during each bimonthly billing period for which no water is utilized shall be two dollars fifty cents ($2.50) per month inside the city limits and six dollars seventy-five cents ($6.75) per month outside the city limits. (Prior code § 18.14)
13.04.150 Water shortages.
A. Temporary Suspension of Service. The city will exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water, but cannot guarantee complete freedom from interruption. The city shall have the right to suspend water service temporarily to make necessary repairs or improvements to the water system. In each case of temporary suspension of service, the city will notify the consumers affected as soon as circumstances permit and will prosecute the work of repair or improvement with due diligence and with the least possible inconvenience to consumers.
B. Apportionment Among Consumers. During any period of threatened or actual water shortage the city shall have the right to apportion its available water supply among consumers in such manner as appears most suitable under the circumstances then prevailing and with due regard to public health and safety.
C. City’s Responsibility. The city shall not be liable for interruption, shortage or insufficiency of water supply or water pressure or any loss or damage occasioned thereby. (Prior code § 18.15)
13.04.160 Duties of superintendent, city clerk and city treasurer.
It shall be the duty of the superintendent to supervise all connections to the water system, to fix all connection charges and to enforce all provisions of this chapter. It shall be the duty of the city clerk to collect all water bills and charges and all connection and other fees herein provided for, and to deposit the same with the city treasurer. The city clerk and the city treasurer shall keep an accurate accounting and records showing the source, amount and disposition of all monies received by them hereunder. The city will carry fidelity insurance with respect to all city officers and employees who respectively receive, collect or have in their care or custody any moneys referred to in this section, such insurance to be in an amount at least equal in the aggregate to the maximum amount of such moneys at any one time in the care or custody of all such officers or employees. (Prior code § 18.16)
13.04.170 Disposition of moneys—Funds.
All moneys received by the city under this chapter, excepting only all connection charges and portions of water bills refundable to consumers in respect of water main extensions pursuant to Section 13.04.070, shall be deposited by the city treasurer on or before the fifth business day of each month in the manner and for the purposes provided and with the fiscal agent designated in or pursuant to that certain resolution adopted by the city council on July 22, 1958, entitled:
RESOLUTION NO. 398
Providing for the Issuance of $650,000 Principal Amount of “City Of St. Helena 1958 Water Revenue Bonds”; Prescribing The Terms, Conditions, Date And Form Of Said Bonds And Of The Coupons To Be Attached Thereto; Fixing The Maximum Rate Of Interest On Said Bonds And Prescribing The Maturities Thereof; Authorizing The Execution Of Said Bonds And Coupons; Providing For The Security Of Said Bonds; And Appointing A Fiscal Agent Therefore.
All connection charges collected by the city under this chapter and Chapters 13.08 and 13.12 shall be deposited in a separate fund entitled “water connection fund”, which is created and shall be applied in the manner and for the purposes provided for in this chapter and Chapters 13.08 and 13.12.
All portions of water bills refundable to consumers in respect of water main extensions pursuant to Section 13.04.070 shall be deposited in a separate fund entitled “water main extension refund fund,” which is created and shall be applied in the manner and for the purposes provided for in Section 13.04.070.
(Prior code § 18.17)
13.04.180 Appeals.
A. Procedure Generally. Any person who shall have a right to appeal as provided in any section of this chapter or Chapters 13.08 and 13.12 or who shall be dissatisfied with any determination hereafter made by the superintendent may, at any time within thirty (30) days after such determination, appeal to the city council by giving written notice to the superintendent and to the city clerk, setting forth the determination with which such person is dissatisfied. The city council may, at any time, upon its own motion, appeal from any determination made by the superintendent hereunder. In the event of any such appeal, the superintendent shall transmit to the city council a report upon the matter appealed. The city council shall cause notice to be given, at least ten (10) days prior to the time fixed for such hearing to all persons affected by such appeal, of the time and place fixed by the city council for hearing such appeal. The city council shall direct the city clerk to mail a written notice, postage prepaid, to all such persons whose addresses are known to the city council.
B. Refunds. Pending decisions upon any appeal relative to the amount of any charge under this chapter or Chapters 13.08 and 13.12, the person making such appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making such appeal such amount, if any, as the city council shall determine should be refunded. (Prior code § 18.18)
13.04.190 Pollution of city reservoirs—Wading, swimming and cutting wood.
No person shall wade or bathe in or otherwise pollute the waters of the reservoirs supplying drinking water to the inhabitants of the city or the watercourses supplying such reservoirs. No person shall cut wood or shrubbery on the property on which such reservoirs are situated and which property is now or hereafter owned and used by the city for the purpose of its municipal water supply. No person shall fish in the reservoirs or picnic on such property, without a permit to do so, issued and conditioned as prescribed by the city manager or his or her designee. (Prior code § 18.19)
13.04.200 Private fire service—Requirements—Rates.
The department may install a private fire service; provided that the applicant complies with the general requirements governing water services set forth in this chapter or Chapters 13.08 and 13.12, together with the following special requirements:
A. The applicant shall enter into a private fire service agreement with the department, the terms of which shall be satisfactory to the department.
B. The services shall be satisfactory to the head of the public agency responsible for fire protection on the premises involved and to the Pacific Fire Rating Bureau. Each private fire service shall have installed therein a detector check valve of pattern and design approved by the superintendent. A “detector check valve” is defined as a spring-loaded or weight-loaded swing check valve equipped with a metered bypass.
C. The private fire service shall be used only for fighting fires and testing the fire protection system. The charge for the service shall be on a flat basis as provided below. The charge shall include the cost of water used to fight fires and for authorized testing of the fire protection system. Any other use of water from the private fire service shall constitute a breach of the private fire service agreement.
D. The rates for inside the city limits shall be as follows:
|
4-inch line and smaller |
$ 4.00 per month |
|
6-inch line |
6.00 per month |
|
8-inch line |
8.00 per month |
|
10-inch line |
10.00 per month |
|
12-inch line |
12.00 per month |
E. The rates for outside the city limits shall be as follows:
|
4-inch line and smaller |
$ 8.00 per month |
|
6-inch line |
12.00 per month |
|
8-inch line |
16.00 per month |
|
10-inch line |
20.00 per month |
|
12-inch line |
24.00 per month |
(Prior code § 18.21)
13.04.210 Public fire hydrants—Operation and maintenance—Rates.
The department shall install, relocate or remove a public fire hydrant when the following requirements are met:
A. A written request has been submitted to the department by the public agency responsible for fire protection setting forth the location and type of hydrant.
B. The estimated charges for the installation, relocation or removal as determined by the superintendent have been paid by such public agency or by a duly authorized private person.
C. Public fire hydrants shall belong to the city and be maintained by the water department. Public fire hydrants shall be operated only by authorized firefighting personnel, department personnel and such other persons as are granted specific permission to do so by the superintendent. Public fire hydrants shall be used only for fire suppression, testing of the fire protection system, fire drills and flushing and cleaning of mains, except where specific permission to use the hydrants for other purposes has been granted by the superintendent.
D. No monthly rate for such public hydrants within the city limits shall be charged to the city in addition to the flat monthly charge provided for in Section 13.04.080.
E. In territory outside the city limits there shall be a charge for water service to public fire hydrants to be paid by the public agency responsible for fire protection in the area on the following basis:
|
Hydrants: |
$3.50 per month. |
|
4-Inch |
31/2-Inch |
3-Inch |
21/2-Inch |
2-Inch |
11/2-Inch |
|
|
Wharf Valves: |
Riser |
Riser |
Riser |
Riser |
Riser |
Riser |
|
2 1/2-inch outlet: |
$3.00 |
$2.50 |
$2.00 |
$1.50 |
$1.00 |
$0.50 |
|
2-inch outlet: |
2.50 |
2.00 |
1.50 |
1.00 |
0.50 |
0.50 |
|
11/2-inch outlet: |
2.00 |
1.50 |
1.00 |
0.50 |
0.50 |
0.50 |
(Prior code § 18.22)
Article 2
Water Shortage Emergencies
13.04.220 Procedure for establishment of water emergency limitation phases.
At any time that the city council finds and determines that a water shortage emergency condition exists within the criteria of Sections 13.04.230 through 13.04.265 of this article, and that it is necessary to limit usage by the customers of the municipal water department, the city council shall adopt a resolution setting forth the applicable phase. As soon as is practicable after adoption of such resolution, the city clerk shall cause to be published at least once, in a newspaper of general circulation published and circulated in the city, a notice declaring the establishment of such regulatory phase. Such notice shall set forth the limitations of water use applicable to the particular phase being established and shall further declare that violations of such limitations are punishable in accordance with the provisions of Sections 13.04.290 and 13.04.310 of this article. The establishment of a particular phase shall be completed and effective at midnight of the day on which the newspaper containing such notice is distributed. (Ord. 02-7A § 1 (part): prior code § 18.23)
13.04.230 Phase I water regulations.
A. The criteria for establishing Phase I shall be that:
1. The water in storage in the city reservoir on November 1 is less than forty percent (40%) of the storage capacity or on December 1 is less than forty-five percent (45%) of the storage capacity or on April 1 is less than eighty-five percent (85%) of the storage capacity or on May 1 is less than eighty percent (80%) of the storage capacity; or
2. Conditions requiring the establishment of a Phase II water emergency appear to be imminent.
B. The following voluntary conservation measures by customers of the department shall be encouraged and publicized by the city:
1. All customers are encouraged to reduce their monthly water consumption by a minimum of ten percent (10%) from their customary monthly consumption.
2. All customers are encouraged to immediately install water-saving devices in their plumbing, appliances, or improvements.
3. All customers are encouraged to limit the expansion or installation of new water-using appliances, plumbing or improvements, such as lawns, gardens, landscaping, pools, sprinkler irrigation systems, wash-down equipment, larger washing machines or garbage disposal units.
4. Customers are encouraged to only wash cars, other vehicles, and other hard surfaces from buckets, with a quick rinse from a hose equipped with a shut-off nozzle.
5. The installation of any required landscaping may be deferred with the appropriate deferral agreement.
6. All persons are encouraged to place an increased emphasis on fire protection.
7. All schools, social and professional groups, churches, etc., are encouraged to discuss water conservation as a regular agenda item and to forward worthwhile suggestions to the department for consideration and implementation.
8. All public facilities are encouraged to establish the following irrigation program: hand watering for all plants and shrubs; use shut-off nozzle on hoses used for hand watering; maintenance watering of lawns and fields; maximum water for lawns and fields, forty (40) minutes per week; night watering of fields and lawns to be watered between seven p.m. and ten (10) a.m.
9. Gutter flooders and other water wasters are notified by the department that wasting of water is prohibited by Section 13.04.130(A) of this chapter, and is sufficient grounds for the department to discontinue service to the premises of the customer. (Ord. 02-7A § 1 (part): prior code § 18.23.1)
13.04.240 Phase II water regulations.
A. The criteria for establishing Phase II shall be that:
1. The water in storage in the city reservoir on November 1 is less than twenty-five percent (25%) of the storage capacity or on December 1 is less than thirty-five percent (35%) of the storage capacity or on June 1 is seventy-five percent (75%) of the storage capacity, or
2. Conditions requiring the establishment of a Phase III water emergency appear imminent.
B. All voluntary measures established by Phase I, Section 13.04.230(B), shall be encouraged and publicized by the city, except insofar as they are inconsistent with subsection (C).
C. The following mandatory conservation measures by customers of the department shall be enforced by the department:
1. Even numbered addresses shall water lawns, landscaping, vineyards, and fields only on Tuesday, Thursday and Saturday and odd numbered addresses shall water lawns, landscaping, vineyards, and fields only on Wednesday, Friday and Sunday. Watering or irrigation shall not be permitted on Mondays.
2. Wasteful usage of water, including the use of treated water from hydrants for construction purposes or for fire drills, shall be prohibited under Section 13.04.130(A) of this chapter, and determined to be detrimental and injurious to the department.
D. During a Phase II water emergency the following administrative practices will be followed:
1. The city will notify customers on a monthly basis for water usage which exceeds the amount they would be allowed under a Phase III water emergency.
2. The city will advise customers of the water shortage and of restrictions and opportunities for exemptions that are available under Section 13.04.280 of this chapter.
3. Any applicant for a building permit for construction that may be affected by the existence of a Phase III, Phase IV or Phase V water emergency shall be informed of the impact of such phases prior to issuance of a building permit, but lack of such notice shall not permit a new water connection that is otherwise prohibited.
E. The city shall make plans for implementation of a water shortage disaster plan, which shall include provisions for:
1. Emergency water stations;
2. Acquisition of private property under the right of eminent domain, with immediate possession to alleviate the emergency; and
3. Application for relief assistance from county, state, and federal sources. (Ord. 02-7A § 1 (part))
13.04.250 Phase III water regulations.
A. The criteria for establishing Phase III shall be:
1. The water in storage at any time is less than twenty-five percent (25%) of the storage capacity; or
2. Considering:
a. The average daily consumption by the customers of the department,
b. The loss of water through evaporation,
c. The production of wells, and
d. Water available from other sources, water available is less than enough to furnish the needs of customers of the department through November 1st with a reserve in the reservoir of twenty-five percent (25%) of its capacity, all as determined by the public works director.
B. All voluntary measures established by Phase I, Section 13.04.230(B) shall be encouraged and publicized by the city, except insofar as they are inconsistent with subsection (C).
C. The following mandatory conservation measures by customers of the department shall be enforced by the department:
1. The mandatory measures in Section 13.04.240(C) shall be enforced by the city except insofar as they are inconsistent with this subsection (C).
2. Commercial and industrial users shall reduce their water use by fifteen percent (15%) of their use during the corresponding period of the preceding non-rationed year, provided that no commercial or industrial user will be required to reduce usage to less than one hundred (100) gallons per day. Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department.
3. Residential users shall be limited to four hundred fifty (450) gallons per residential meter per day, with an additional two hundred fifty (250) gallons per day for each occupied additional unit on a parcel. Residential users in an area or development in which lawns or landscaping are irrigated through a meter dedicated to that purpose shall be limited to two hundred fifty (250) gallons per day.
4. For a lawn, landscaping, vineyard or field watered or irrigated through a meter dedicated to that use, usage shall be limited to forty (40) gallons per day for each one thousand (1,000) square feet of such lawn, landscaping, vineyard or field.
5. All watering or irrigation of lawns, landscaping, vineyards and fields shall be prohibited between the hours of ten a.m. and seven p.m.
6. The city council shall give notice to any customer that has a terminable contract with the department (whereby the department is the supplier) that such contract will be terminated upon implementation of Phase IV by the city council.
D. The city council shall cause a water advisory board to be formed consisting of one city council member, one member from the commercial community, one member from the industrial community, and two members from the public at large. (The at-large members may also be involved in any of the above.) The director of public works shall be an ex officio member of this board. This board will disband when the water emergency is no longer in effect.
E. During Phase III water emergency the following administrative practices will be followed:
1. The city will bill customers on a monthly basis for water used. (Ord. 02-7A § 1 (part): prior code § 18.25)
13.04.260 Phase IV water regulations.
A. The criteria for establishing Phase IV shall be:
1. The water in storage is less than twenty percent (20%) of the storage capacity; or
2. Water in storage and available from other sources is less than one hundred fifty (150) days’ supply as determined by the director of public works.
B. All voluntary measures established by Phase I, Section 13.04.230(B) shall be encouraged and publicized by the city except insofar as they are inconsistent with subsection (c).
C. The following mandatory conservation measures by customers of the department shall be enforced by the department:
1. The mandatory conservation measures in Section 13.04.240(C) and 13.04.250(C) shall be enforced by the city, except insofar as they are inconsistent with this subsection (C).
2. Commercial and industrial users shall reduce their water use by twenty-five percent (25%) of their use during the corresponding period of the preceding nonrationed year, provided that no commercial or industrial user will be required to reduce usage to less than seventy-five (75) gallons per day. Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department.
3. Residential users shall be limited to three hundred (300) gallons per residential meter per day, with an additional two hundred (200) gallons per day for each occupied additional unit on a parcel. Residential users in an area or development in which landscaping is irrigated through a meter dedicated to that purpose shall be limited to two hundred (200) gallons per day.
4. For a lawn, landscaping, vineyard or field watered or irrigated through a meter dedicated to that use, usage shall be limited to forty (40) gallons per day for each one thousand (1,000) square feet of such lawn, landscaping, vineyard or field.
5. Wasteful usage of water shall be prohibited under Section 13.04.130(A) of this chapter, and determined to be detrimental and injurious to the department.
6. No new water connections or expansions of existing uses will be permitted.
a. A “new water connection” is defined as a water connection for the benefit of any user or use of water, whether industrial, commercial, residential, institutional, or otherwise, who or which was not currently receiving water from the department at the time Phase IV conditions were established.
b. A user whose water was temporarily disconnected at the establishment of Phase IV shall not be deemed a “new water connection.”
c. All new construction, not actually receiving water for other than construction uses at the time of establishment of Phase IV, shall be deemed a new water connection, notwithstanding the fact that such new construction may have received all permits and consents required of it by any governmental agency, including the city, and notwithstanding the fact that the applicable fees for water connection may have been prepaid by the applicant.
C. The city shall prepare for implementation of the water shortage disaster plan. (Ord. 02-7A § 1 (part): prior code § 18.25)
13.04.265 Phase V water regulations.
A. The criteria for establishing Phase V shall be:
1. The water in storage is less than fifteen percent (15%) of the storage capacity; or
2. Water in storage or available from other sources is less than ninety (90) days’ supply as determined by the director of public works; or
3. The sources of water storage, supply, production and replenishment appear to be insufficient to furnish the necessary water to service the minimum requirements of the department’s customers, thereby constituting an immediate hazard to the safety and welfare of the city and its residents and other customers of the department.
B. All voluntary measures established by Phase I, Section 13.04.230(B), shall be encouraged and publicized by the city, except insofar as they are inconsistent with subsection (C).
C. The following mandatory conservation measures by customers of the department shall be enforced by the department:
1. The mandatory conservation measures in Sections 13.04.240, 13.04.250 and 13.04.260 of this article shall be enforced by the city, except insofar as they are consistent with this section.
2. Wasteful usage of water shall constitute a public hazard to which Sections 13.04.130(A) and (C) of this chapter shall apply.
3. Commercial and industrial users shall reduce their water use by thirty-five percent (35%) of their use during the corresponding period of the preceding nonrationed year, provided that no commercial or industrial user will be required to reduce usage to less than fifty (50) gallons per day. Users with no prior record of use shall be governed by comparable facilities’ usage records as determined by the department.
4. Residential users shall be limited to two hundred (200) gallons per occupied residential unit per day.
5. All nonessential uses of water shall be prohibited. Nonessential uses shall include, but not be limited to, the following:
a. The washing of sidewalks, walkways, driveways, parking lots, tennis courts, and all other hard surfaced areas by hosing or by use of water directly from faucets or other outlets, except that such areas may be washed with water contained in a bucket or container not exceeding three gallon capacity;
b. The washing of motor vehicles, trailers, airplanes, or boats by hosing or by use of water directly from faucets or other outlets, except that motor vehicles, trailers, airplanes, and boats may be washed with water contained in a bucket or container not exceeding three-gallon capacity;
c. The use of water for watering or irrigation purposes;
d. The refilling of swimming pools, hot tubs and spas, except as required by the fire chief for use as standby neighborhood fire protection. (The fire chief shall cause a list of such pools as he or she determines are necessary to be kept full to be filed with the department.)
6. The department shall terminate all nonessential contracts which are terminable. (Ord. 02-7A § 1 (part): prior code § 18.27)
13.04.270 Termination of water emergency regulation phases.
Water emergency limitation phases shall be terminated or changed to a less critical phase in the same manner as they are established in accordance with criteria set forth in the preceding sections and at the discretion of the city council. (Ord. 02-7A § 1 (part): prior code § 18.28)
13.04.280 Exception permits.
A. Under a Phase III, Phase IV, or Phase V water emergency, the public works director shall, with such conditions as seem to him or her to be reasonable, grant exception permits up to a maximum of five hundred (500) gallons per day, in addition to any basic allocation, on application of a water customer submitted under penalty of perjury, based on the following:
1. For each full-time resident of a dwelling exceeding four residents, the quantity of fifty (50) gallons per day.
2. For residential property exceeding seven thousand (7,000) square feet in area, the quantity of twenty (20) gallons per day for each one thousand (1,000) square feet that the property area exceeds seven thousand (7,000) square feet. For purposes of this subsection, multiple parcels maintained and fully landscaped as one property may be computed as being one parcel. An exception granted based on this subsection shall allow the use of no more than an additional two hundred fifty (250) gallons per day for this purpose.
3. For each swimming pool, the quantity of twenty-five (25) gallons per day.
4. For medical conditions of a resident, a quantity as required to maintain health standards.
B. The water advisory board shall meet at least monthly and may grant permits for uses of water or for exceptions to water conservation measures or for water connections otherwise prohibited by Sections 13.04.250, 13.04.260 and 13.04.265 of this article if they find and determine that such regulations would:
1. Cause an unnecessary and undue hardship to the applicant or to the public;
2. Cause an emergency condition affecting the health, sanitation, fire protection, or safety of the applicant or public; or
3. Promote water conservation by providing for the establishment of water efficient landscaping meeting the standards of Chapter 17.112 of this code and such policies and regulations as have been adopted to implement the provisions of that chapter, replacing more water-intensive landscaping.
C. The water advisory board of the city shall prescribe necessary procedures for application for and use of exception permits.
D. Any decision of the director of public works in granting or denying exceptions may be appealed by the applicant or any other person to the water advisory board by filing a written appeal with the city clerk within five days after the date of mailing of written notice to the applicant of the decision rendered. The water advisory board shall attempt to hear such appeal within twenty (20) days, and shall affirm, reverse, or modify the decision.
E. Any decision of the water advisory board may be appealed by the applicant according to the provisions of Chapter 1.16 of this code. (Ord. 02-7A § 1 (part): prior code § 18.28.1)
13.04.290 Failure to comply with mandatory water conservation measures.
In addition to the provisions of Section 13.04.310 of this chapter, any person who fails to comply with any of the mandatory water conservation measures imposed by the implementation of this article, including average daily water usage computed from usage over some time period, shall be subject to an improper water user’s fee or charge as hereinafter set forth. Absence of a customer from the city, existence of an undetected leak, or other circumstance does not relieve the customer of the responsibility for ensuring that mandatory water conservation measures are observed and complied with and shall not serve as a basis for reversal of any action or the imposition of any fee or charge.
A. The following charges are not imposed as a penalty but as a charge for excessive or improper use of water. The charges are necessary in order to recover the reasonable cost of enforcement of the mandatory water provisions and in order to obtain the goals of the water conservation measures contained in this section:
1. First Violation. The city shall issue a written warning to the customer for the first violation.
2. Second Violation. The city shall issue a written notice and assess an improper water use fee of twenty-five cents ($0.25) for each gallon by which the customer’s usage exceeded the amount allowed per day. If the fee is not paid in full within fifteen (15) days of issuance the amount will be added to the customer’s water bill.
3. Third Violation. The city shall issue a written notice, charge an improper water use fee of fifty cents ($0.50) for each gallon by which the customer’s average usage exceeded the amount allowed per day and install a flow restricting device on the customer’s water service, or otherwise restrict the flow of water through a meter, for a period of not less than seventy two (72) hours. Such flow restricting device or other means shall reduce water flow to one gallon per minute for metered services one and one-half inches or under. Similar devices or restrictions will be placed on larger meters. The fee shall be paid prior to the resumption of normal water service.
4. Fourth Violation. The city shall issue a written notice, charge an improper water use fee of seventy five cents ($0.75) for each gallon by which the customer’s average usage exceeded the amount allowed per day, and install a flow restricting device on the customer’s water service, or otherwise restrict the flow of water through a meter, for a period of not less than five days. Such flow restriction device or other means shall reduce water flow to one gallon per minute for the metered services one and one-half inches or under. Similar devices or restrictions will be placed on larger meters. The fee shall be paid prior to resumption of normal water service.
5. Fifth or Subsection Violation. The city shall issue a written notice, charge an improper water use fee of one dollar ($1.00) for each gallon by which the customer’s average usage exceeded the amount allowed per day, and may either install a water flow restricting device on the customer’s water service, or otherwise restrict the flow of water through a meter, for an indefinite period or discontinue water service under the provisions of Section 13.04.130. Such flow restricting device or other means shall reduce water flow to one gallon per minute for metered services one and one-half inches or under. The fee shall be paid prior to restoration of unrestricted water service.
B. Notification of Violation. Notification shall include a description of the facts in regard to the violation, a statement of the possible penalties for each violation and the statement of the customer’s rights to hearing on the merits of the violation as stated in Section 13.04.300 of this article.
1. Notice of violation shall be given in writing by personal delivery of the notice to the customer at the service address and by first-class mail to the billing address, excepting that notice of a first violation may be by first-class mail to the billing address only.
2. If the customer is absent from or unavailable at the service address, the notice can be left with a responsible person at the premises.
3. If a responsible person is not available at the service address, then the notice can left in a conspicuous place on the premises. (Ord. 02-7A § 1 (part): prior code § 18.29)
13.04.300 Hearing for violations.
Any customer receiving a second or subsequent violation notice shall be entitled to file an appeal with the city council according to the provisions of Chapter 1.16 of this code. The following shall apply in the case of such appeal:
A. An appeal filed prior to its installation shall automatically stay installation of a flow restricting device or shutoff on the customer’s water service until the decision is final.
B. The customer’s appeal shall not stay the imposition of a fee. If it is determined that a fee is wrongly assessed, the city will refund any fee paid by the customer. (Ord. 02-7A § 1 (part): prior code § 18.29.1)
13.04.310 Violation—Misdemeanor.
Notwithstanding any provision of this code to the contrary, the provisions of Section 377 of the California Water Code shall be applicable to any violation of this article. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Upon conviction thereof, such person shall be punished by imprisonment in the county jail for not more than thirty (30) days or by a fine not exceeding one thousand dollars ($1,000.00), or both. (Ord. 02-7A § 1 (part): prior code § 18.30)