CHAPTER 22
WATER

22.1 Definitions.

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

Applicant. The property owner or his, her, or its authorized agent applying for water service, water service connection, or water main extension.

Chief of police. The chief officer of the police department.

City. The City of Fairfield, a municipal corporation, and its duly authorized representatives.

Code enforcement officer. A non-peace-officer of the police department to enforce local ordinances as authorized by the Chief of Police.

Commercial office. The business office of the department of finance, located in the city hall.

Construction water permit. Permit required of anyone using water for construction purposes prior to installation of permanent meter.

Consumer. A person or entity receiving water service or other services from the Fairfield municipal utilities.

Costs. Actual cost of materials and labor, plus a percentage factor for equipment rental and overhead.

Cross-Connection Control Policy Handbook. The City of Fairfield Cross-Connection Control Policy Handbook, which provides regulations, policies, and procedures, that is prepared, maintained, and updated from time to time by the FMU director and adopted by the city council to prevent contamination of the public water supply from cross-connections and backflow events, prepared in conformance with the State Water Resources Control Board Cross- Connection Control Policy Handbook.

Customer. A person or entity of record receiving water service or other services from the Fairfield municipal utilities.

Demand. The rate of draft of water for specified time; the total quantity of water delivered or received for a specified time.

Delinquent Account. A customer water service account which has an unpaid balance after the due date of bill payment.

Director of Finance. The chief officer of the finance department.

Fairfield municipal utilities. The water division of the public works department of the City. Also known as FMU.

Fire chief. The chief officer of the fire department.

FMU director. The Public Works Director or their designee is charged with the responsibility of administering, directing, and representing FMU, as described in more detail in Section 22.3.

FMU regulations. The Fairfield Municipal Utility Regulations, which provides regulations, policies, and procedures, that is prepared, maintained, and updated from time to time by the FMU director and adopted by the city council to implement the rules and regulations in this code and to govern the operation of the FMU.

Main extension. Extension of distribution pipe lines, exclusive of service connections, beyond existing facilities.

Mains. The transmission or distribution pipelines of the water system.

Peace Officer. A sworn law-enforcement officer of the police department.

Premises. That separate identifiable and transferable lot or parcel of real property, including the improvements thereon except that portion thereof having well defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, for the purpose of this chapter shall be considered separate premises.

Public works director: The chief officer of the department of public works charged with the responsibility of planning, organizing, directing, and reviewing the activities and operations of the public works department including engineering, building, transportation, operations, and FMU, or his/her designee acting within the scope of assigned duties.

Services. The delivering or receiving of water; a water service connection including but not limited to domestic, fire, or irrigation; and act of duty performed by the FMU.

Water service. The delivery or receipt of water; a water service connection.

Water service connection. The connection between the water meter and the main, including service pipes, meters and appurtenances through which water delivery is made.

Water system. The entire physical plant thereof, and the distribution system of FMU. (Ord. No. 2025-13, § 1 (Exh. A).)

22.2 Purpose of chapter; rates and charges adopted as condition to obtaining water.

This chapter governs the use of all water furnished by the City and shall apply to all users thereof. Rules as set forth herein are adopted to govern the general operation of the FMU to provide an efficient and economical water supply while protecting public health and safety. The objectives of this chapter are as follows:

(a) Prevent a public hazard, public nuisance, or other condition detrimental to the public health, welfare and safety, or detrimental to the environment, from developing from or in connection with the distribution and use of water.

(b) Prevent the introduction of contaminants into the City’s water system.

(d) Provide for fees and charges that equitably distribute the cost of operation, maintenance, and improvement of the FMU water system to those who benefit.

The city council has the authority to adopt by resolution those FMU regulations which will further the purpose of this chapter, and which do not conflict with the provisions herein.

Rates, fees and charges as set forth herein or in the FMU regulations are adopted as conditions to obtaining water and other services from FMU. (Ord. No. 2025-13, § 1 (Exh. A).)

22.3 FMU director responsibility.

The FMU director is responsible for enforcing the provisions of this chapter. Enforcement and penalties of section 22.13 may be used to secure compliance with this chapter. The FMU director shall prepare, maintain, and update the FMU regulations from time to time to implement the provisions of this Chapter.

In addition, the FMU director shall prepare, maintain, and update a cross-connection control plan in conformance with the State Water Resources Control Board Cross-Connection Control Policy Handbook, as may be updated from time to time. The FMU director shall implement and enforce a cross-connection control program in accordance with the FMU cross-connection control plan. (Ord. No. 2025-13, § 1 (Exh. A).)

22.4 Conditions of service.

Every person taking water shall be considered as having expressed their consent to be bound by this chapter and the FMU regulations adopted pursuant to section 22.2 of this chapter.

By accepting water service from FMU, customers are deemed to have accepted all conditions of water quality, pressure, and flow. FMU will exercise reasonable diligence and care to deliver to customers a continuous and sufficient supply of water at the meter. FMU shall not be liable for interruptions in supply or variations in water quality or pressure, or any loss or damage occasioned thereby. To the extent practical, FMU shall undertake to give advance notice of such interruptions or variations. FMU reserves the right at any time to shut off delivery for the purpose of protecting public health and the environment, and maintaining, repairing, altering, or changing the size of its facilities. FMU shall not be liable for any loss or damage occasioned by such suspension of service.

During times of threatened or actual water shortage, FMU will apportion its available supply among its customers in the manner that appears most equitable under the circumstances then prevailing with regard to public health and safety. (Ord. No. 2025-13, § 1 (Exh. A).)

22.5 Ownership and operation of mains, water meters, and service lines.

FMU retains the ownership of the water system, including water mains, connecting service lines, up to and including the discharge side of the water meters or point of connection for private water systems. The customer owns, operates, and maintains all water piping and appurtenances starting on the discharge side of the water meter, including backflow prevention assembly, pressure-regulating valve, and shut-off valve. For services to fire sprinkler systems, FMU owns water piping from the point of connection of the fire service at the water main, downstream of the isolation valve, to the first fitting immediately upstream of the double check detector assembly.

Operation and inspection of all water system facilities, up to and including the water meter shall be under the management and control of FMU. No persons except authorized employees, agents, or contractors of FMU shall have the right to enter upon, inspect, operate, adjust, change, alter, move, or relocate any portion of the water system facilities. (Ord. No. 2025-13, § 1 (Exh. A).)

22.6 Tampering or obstruction of water system prohibited.

No person shall tamper, or place upon or about, any water system valve box, manhole, blowoff, air relief valve, water meter, meter box or vault, or any distribution or delivery facilities or appurtenances, any object, materials, debris, landscaping, planting, or structure of any kind so as to prevent the FMU free access to said items, facilities, or appurtenances at all times. (Ord. No. 2025-13, § 1 (Exh. A).)

22.7 Right of entry to customer’s premises.

The City is the sole owner of the water facilities, and of equipment, supplies, warranties, rights-of-way, encroachment permits, and licenses that are acquired therefor. FMU or its duly authorized agents shall have unrestricted access to all city-owned water facilities owned and operated by the city on customer’s premises.

Customer facilities are as described in Article VIII of this chapter. FMU or its duly authorized agents shall at all reasonable times have the right to enter or leave customer’s premises to observe customer facilities to which water service is supplied to see that the rules and regulations of this Chapter and the FMU regulations are followed in the taking and use of water. FMU may enter premises to observe waste of water, conduct hazard assessments, or conduct backflow assembly or cross-connection testing. (Ord. No. 2025-13, § 1 (Exh. A).)

22.8 Notice required for removal or displacement of water facilities for construction or street work.

All persons engaged in construction or street work shall give at least ten days’ written notice to FMU for operation, removal, or displacement of water system facilities that may interfere or conflict with street work. Any damage resulting to such facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacing of water facilities shall be paid by the person engaged in such work, except where provisions of city encroachment permits or contracts state otherwise. (Ord. No. 2025-13, § 1 (Exh. A).)

22.9 Point of delivery-responsibility for handling and loss.

FMU is responsible for handling and transmission of water up to the discharge side of the water meter or point of connection of a fire service line to the water main. Each customer shall bear the risk of loss, and shall be responsible for the carriage, control, handling, storage, distribution and use of all water furnished by FMU from and beyond the point of delivery.

Customer shall be responsible for the following:

(a) Any interruption of service or damage caused by customer-owned spigots, valves or other equipment or fixtures that are open when water is turned on, pressure relief valves, whether when water is turned on originally or when turned on after a temporary shutoff.

(b) Connection of the customer’s service line to the meter. The customer shall furnish, install and maintain at their own risk and expense that portion of the water system which begins at the outlet side of the meter. Such water receiving equipment shall remain the property of the customer and they shall be responsible for its maintenance and repair. FMU shall have the right to require the customer to adjust, replace or discontinue using any water receiving or regulating equipment on his side of the meter which disturbs or inconveniences other customers.

(c) Where reduced or increased pressure is desired by the customer, the customer shall be responsible for installing and maintaining the necessary regulators, backflow devices and relief valves per cross connection control policy handbook. In such cases, the equipment shall be installed on the customer’s side of the meter at the customer’s expense.

(d) Any loss or damage caused by the negligence, want of proper care, or wrongful act of the customer or any of their tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with any water receiving equipment. Furthermore, the customer shall be responsible for damage caused by faucets, valves and other equipment which may be open at any time that water is turned on at the meter. (Ord. No. 2025-13, § 1 (Exh. A).)

22.10 Permission for selling water.

It shall be unlawful for any person or entity other than FMU to deliver and/or sell water within the corporate limits of the city, or the city’s sphere of influence, without having first obtained a permit from FMU, or received permission to do so from the city council.

Persons or entities issued hydrant water meters in accordance with section 22.25 below are authorized to deliver and/or sell water from FMU. (Ord. No. 2025-13, § 1 (Exh. A).)

22.11 Water theft.

The taking of water from an unmetered connection to the city water system except as authorized by this chapter shall be unlawful. (Ord. No. 2025-13, § 1 (Exh. A).)

22.12 Disclosure of water customer records.

It is recognized that information concerning the conduct of the people’s business is a fundamental and necessary right, but that access may be withheld where the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. It is hereby found that no public interest is served by the release of names and addresses of and other information relating to water customers where the purpose of such release is to further the private or pecuniary interests of the person or organization requesting release and that the true names and addresses of, and other information relating to water customers does not concern the conduct of the people’s business. Based upon these findings, the names and addresses of and other information relating to water customers which is received by the FMU in the regular course of furnishing water shall not be released to non-governmental persons or entities, except in the event that the person requesting release is able to demonstrate in writing and to the satisfaction of the FMU director that such release relates to studies or investigations concerning the proper conduct of the business of FMU. In such event, the requested information will be furnished upon payment of an amount equal to the actual cost of providing the copy. (Ord. No. 2025-13, § 1 (Exh. A).)

22.13 Enforcement and penalties.

The FMU director is authorized to take reasonable and appropriate action to fully implement the provisions of this Chapter. A customer who violates any provisions of this Chapter, any City ordinances associated with water service, any FMU regulations, any provisions of the City’s current Water Shortage Contingency Plan, and/or any City standards, shall be subject to the penalties and enforcement provisions, either:

(a) Any penalties and enforcement provisions of the most current Water Shortage Contingency Plan;

(b) Code Section 1.7; or

Application of the enforcement and penalties provisions in this code shall be at the discretion of the FMU director or the City Attorney.

Any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this article. City FMU representatives designated by the FMU director shall also have the authority to write and deliver notices of violations pursuant to this article.

(a) When there is evidence that a customer is violating a provision of this Chapter, whether intentionally or unintentionally, the customer may be issued a written warning. Notwithstanding the foregoing, a warning is not a prerequisite to the issuance of a notice of violation.

(b) FMU shall issue a written notice of violation to the customer documenting the water use violation and assessment of penalty.

(c) Each violation of a provision of this Chapter shall constitute a separate violation and shall be subject to separate and independent enforcement in accordance with the provisions of this section. Each day a violation of a provision of this code continues constitutes a separate offense.

(d) The City may charge a fee for violation of the Code, which may be in the amount of costs incurred by the City to investigate and correct the violation of the Code, or which may be in an amount established under a separate ordinance or resolution adopted by City Council prior to the offense.

(e) FMU shall discontinue water service if the customer fails to comply within five (5) calendar days after the date of written notice of violation. The customer whose water is thus discontinued shall forfeit all deposits made, and the water shall not be turned on again until all unpaid fees and charges are paid, and other requirements of this chapter or the FMU regulations are fulfilled.

(f) If such noncompliance affects matters of health or safety, or affects the operation, maintenance, or other costs of FMU, water service may be discontinued immediately and without notice. Water service shall not be restored until the FMU director determines that adequate measures have been taken by the customer to comply with this code, to prevent recurrence of such violation, and that all unpaid fees and charges are paid.

(g) In addition to the foregoing, the FMU director shall have the authority to issue penalties of increasing severity for repeated violations of this Chapter, including monetary charges to reimburse the City for costs that it has incurred which relate to the violation, including but not limited to labor, equipment, materials, and administrative costs to make corrections, and, ultimately, may suspend or terminate service.

(h) Any damage occurring to a water meter or other appliances, including without limitation flow restricting device, service valve, hydrant, or any other water system facility, equipment or device, pipes or any other property of the FMU, caused directly or indirectly by lack of due care by the customer is the sole responsibility of the customer, who must pay for the damage on presentation of a bill.

FMU may use a variety of methods to collect for damages, including but not limited to use of property tax roll, internal billing system, or third-party billing system. All violations occurring on a water customer’s premises or using water delivered through a customer’s water service connection shall be the responsibility of the customer. In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible.

(i) Delinquent charges for water service shall be exempt from the enforcement procedures of this section and shall be remedied in accordance with Article IX of this chapter and the FMU regulations.

Further, FMU may file suit in civil court to enjoin those who divert utility services, make an unauthorized reconnection, obstruct or tamper with FMU property, or receive water service through one of the preceding activities, and/or to recover three times the amount of actual damages, plus the cost of the suit and reasonable attorney’s fees, in accordance with sections 1882 through 1882.6 of the Civil Code. (Ord. No. 2025-13, § 1 (Exh. A).)

22.14 Waiver request and appeal.

A customer may submit a written application for waiver of violation related to water use violations to the FMU director. The FMU director may grant a waiver of a particular violation if the customer’s justification is deemed to be reasonable and if the customer has mitigated the cause of the violation.

A customer may appeal a denial of an application for a waiver of violation within ten (10) calendar days by submitting a written appeal to the City Council, in accordance with chapter 1, section 1.15 of this code. (Ord. No. 2025-13, § 1 (Exh. A).)

Article II. Water Services.

22.15 Account activation required for service.

FMU shall furnish water only to a customer who has a current account, including a current address and the name of the person responsible for making payments on the account. Water service will be provided only through a water meter assigned to a particular account.

Each property or parcel shall have a separate water service connection and meter to the water system. Irrigation water meters serving multiple parcels under common ownership, including landscape parcels along roadways, shall be exempt from this requirement.

Multi-family residential, commercial, industrial, and institutional users shall have a separate water meter for landscape irrigation use.

Fire services shall have active and billable accounts at all times.

Nothing in this section shall be construed to authorize the City to require the installation of a new connection directly between the City’s water facilities and an accessory dwelling unit (ADU) or junior accessory dwelling (JADU) that is contained within the existing space of a single-family residence or accessory structure and meets the requirements of Government Code Section 66314. (Ord. No. 2025-13, § 1 (Exh. A).)

22.16 Request for service.

Application for service is required to initiate service for the first time to a particular parcel.

Request for service to parcels that have previously received water service shall be made to FMU during normal business hours. A person taking possession of premises and using water without having made application for water service shall be held liable for all water used from the date of the last recorded meter reading. If application for service is not made within seven calendar days after notification to do so or if accumulated water bills are not paid upon presentation, the water service shall be discontinued without further notice. (Ord. No. 2025-13, § 1 (Exh. A).)

22.17 Liability for service charges.

Upon commencement of water service, the applicant or customer shall be liable for all water delivered through that particular service and all other charges applicable to such service. When two or more persons jointly make application for service, they shall receive a single periodic bill, but shall be jointly and individually liable for payment of all charges incurred.

In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible for payment of all service charges incurred on customer property. (Ord. No. 2025-13, § 1 (Exh. A).)

22.18 Former customer owing bills.

When the applicant for water service is a former customer who has failed to pay all bills for previous water service or charges for any other service received from the water system, FMU shall refuse water service to the applicant until all outstanding bills or charges are paid and shall also require a cash deposit as a guarantee for the payment of future bills. (Ord. No. 2025-13, § 1 (Exh. A).)

22.19 Changes in customer’s facilities.

Customers making any change in the size, character or extent of their facilities utilizing the water service which will require increasing the size of the existing service or result in a large or unusual increase in water usage shall apply for a plumbing permit with the City and undergo applicable planning, review, and inspections.

Commercial, institutional, or industrial customers shall notify the FMU director in writing for any changes in use categories.

Any increase in service demand and/or size of the existing service may be subject to section 22.33, Charge for alteration or change in meter size, and section 22.42, Changes in size of meter, pipe, etc., at expense of customers, as determined by the FMU director. All costs associated with the changes in customer’s facilities that impact the water system shall be the responsibility of the customer. (Ord. No. 2025-13, § 1 (Exh. A).)

Article III. Water Connections - Generally.

22.20 Title to connections; transfer of service; refunds.

Title to a water service connection including all meters, service pipes and appurtenances used in providing a water service connection shall remain with FMU and the charges set forth in this chapter are for connections and do not convey any right of title.

The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.

If the water service is discontinued or abandoned, no right or refund of connection charges or credit in any manner accrues to the applicant, customer or successor. (Ord. No. 2025-13, § 1 (Exh. A).)

22.21 Service connections requiring main extension.

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 right-of-way across the entire frontage of property to be served.

Wherever, as a condition of service, a water main must be extended, the water main shall be installed by the applicant in compliance with the provisions set forth in this chapter and in the FMU regulations. All costs associated with the extension of the water main shall be the responsibility of the applicant requesting connection to the water system facilities. (Ord. No. 2025-13, § 1 (Exh. A).)

22.22 Non-residential fire service connections.

When an application is made for fire service connections, such sprinkler and fire service installation must be approved by the fire chief, by an approved fire rating bureau and by the FMU director.

Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test, he shall notify the FMU director at least three working days in advance.

If it is found that an unauthorized use or connection to a fire service has been made, the consumer shall remove the unauthorized connection and discontinue use. Refusal or failure to disconnect and discontinue use shall result in shut off of water service until the customer makes corrections.

Customers shall be responsible for ensuring all water accounts are active with the city. (Ord. No. 2025-13, § 1 (Exh. A).)

22.23 Temporary connections.

Temporary service is one which, although installed in a fixed location, is not intended for use for longer than one year. Temporary service connections shall be metered. Temporary connections shall be allowed for an initial sixty-day period and extended by the FMU director up to a maximum of one year from the original connection date on presentation of good and sufficient evidence that such extension is warranted.

While connection fees in accordance with Article IV may not be required for temporary connections, water rates and charges apply under Article IX and, as established by separate resolution duly adopted from time to time by city council. (Ord. No. 2025-13, § 1 (Exh. A).)

22.24 Temporary connection - construction water meter jumpers.

Temporary service may be provided through water meter jumpers for lots in single-family residential developments during construction. The developer shall be responsible for the account, until such time that the City’s water meter is installed, and an account has been established by the customer.

Water use through the water meter jumper is limited to:

(a) Testing the structure’s interior plumbing prior to the construction of walls.

(b) Incidental earthwork on the property including presoak of foundation forms prior to concrete pour and finish grade work within the property.

Service through the water meter jumper shall be discontinued and shut off should any FMU personnel observe unauthorized use of water. While connection fees in accordance with Article IV may not be required, water rates and charges apply under Article IX and as established by separate resolution duly adopted from time to time by city council. (Ord. No. 2025-13, § 1 (Exh. A).)

22.25 Temporary connection - hydrant water meter.

Contractors or developers engaged in construction or site development shall obtain a construction water permit and shall take water at a location specified by the FMU director. All water shall be metered through a hydrant water meter, unless exempted by the FMU director for good and sufficient reason. Hydrant meters will be supplied to the contractor by the FMU. Customer shall not alter or move hydrant meter. The hydrant meter may only be moved by authorized personnel of the FMU.

The contractor or developer shall provide a deposit for the hydrant meter, and shall be responsible for daily service charges and volumetric charges, as established by separate resolution duly adopted from time to time by city council. (Ord. No. 2025-13, § 1 (Exh. A).)

Article IV. Connection Charges (Capacity).

22.26 Purpose.

The public interest, health and general welfare of the city and its inhabitants require the acquisition and construction of water facilities and systems, necessary to serve new and altered structures within the city. Public interest and economy require that, in order to provide funds for such purposes, certain connection charges shall be established to be paid by the owner or owners of land upon which such structures are constructed or altered. Connection charges shall apply for all connections to the water system facilities. (Ord. No. 2025-13, § 1 (Exh. A).)

22.27 Authority of city to impose.

The connection charges provided for herein are established pursuant to the power granted by the legislature to the city by section 5471 of the health and safety code and section 54344 of the government code; the power granted to the city by article XI, section 7 of the constitution to provide for the health and general welfare of the city and its inhabitants; and the power granted to the city by article XI, section 9 of the constitution to establish, purchase and operate public works to furnish its inhabitants with water. (Ord. No. 2025-13, § 1 (Exh. A).)

22.28 Capacity associated with connection charge.

Connection charges are required for water service capacity for the parcel of land upon which service is requested. Capacity shall attach to and run with the land. Capacity may be reallocated within the lot or parcel after the filing for subdivision of that lot or parcel. The property owner may, prior to the recordation of the subdivision (or parcel) map, submit a letter of reallocation of capacity right to the city which identifies the new lot(s) or parcel(s) formed and indicates the capacity being allocated to each newly created lot or parcel. If such letter is not received by the city prior to recordation, the FMU director may determine and effectuate the reallocation of capacity as is appropriate in the exercise of his or her discretion. (Ord. No. 2025-13, § 1 (Exh. A).)

22.29 Establishment; time payable.

In addition to all other charges established by the ordinance, rules and regulations of the city, there is hereby established a connection charge, in an amount determined pursuant to sections 22.30, 22.31, and 22.33 and subject to the provisions set forth in sections 22.32, 22.34, and 22.35. Payment of such charge shall be a condition precedent, except as provided in sections 22.32 and 22.33, to connection of any water and/or sewer system of the city, and shall be payable prior to the issuance of a building permit (or prior to meter set, if building permit is not required) pursuant to this code, provided, however, that such charge shall be payable only with respect to connection of a structure to one of such systems, not both. No connection to the FMU water system shall be made, nor any water meter installed, until connection charges are paid.

Where, in the opinion of the city, special conditions require the payment of connection charges at a time other than that specified above, it may provide for such charge to be paid at a time agreed to by written agreement with the owner of the property to which such charge applies. City may provide exemption by special agreement or conditions of approval of a project. (Ord. No. 2025-13, § 1 (Exh. A).)

22.30 Amount.

The connection charge shall be in the amount as established by separate resolution duly adopted from time to time by city council, and shall be based on the size of the meter.

On April 1st of each year, the connection charge per family unit or equivalent meter capacity shall automatically increase or decrease from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. On or before March 1st of each year, the FMU director shall:

(a) certify to the city council and the city building official the applicable percentage of increase or decrease for the following April 1st, pursuant to the foregoing provision, and the resulting change in the amount of the connection charge per family unit or equivalent meter capacity;

(b) submit to the city council a report, based on revenues and expenditures pursuant to this article, to the date of the report and revised estimates of future revenues and expenditures pursuant to this article for the purpose of review of and determination of whether any change should be made in the amount of the charge established by this section. (Ord. No. 2025-13, § 1 (Exh. A).)

22.31 Meter capacity sizing.

(a) "Family" defined. As used in this section, "family" means one or more persons occupying a premises and living as a single nonprofit housekeeping unit. A family shall be deemed to include necessary household domestic employees.

(b) Residential structures. The following family units shall apply to residential structures:

(1) For each detached structure designed for occupation exclusively by one family, which structures shall include all single-family dwellings, there shall be assigned one family unit with a minimum meter size of 1-inch; and

(2) (A) For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobile home parks, there shall be assigned one (1) family unit for the first room, suite of rooms or mobile home, designed for occupation by a family and sixty percent (60%) of a family unit for each remaining room, suite of rooms, and mobile home designed for occupation by a family; and

(B) For each structure or portion thereof designed exclusively for occupation by senior citizens, which structures shall include condominiums and apartment houses, there shall be assigned one (1) family unit for the first room, or a suite of rooms, designed for occupation by a family, and forty-five percent (45%) of a family unit for each remaining room, or suite of rooms, designed for occupation by a family.

(c) Accessory dwelling units. ADUs and JADUs are defined in section 25.50. ADUs and JADUs shall be subject to the payment of all water connection charges, except as otherwise provided in section 25.20.4.11.F, or in Government Code Sections 66314 and 66333. The connection charge shall be proportionate to the burden of the proposed ADU or JADU, based on fixture units. ADUs and JADUs constructed with a new single-family dwelling shall be charged full connection charges consistent with section 22.31(b).

(d) Other structures. There shall be capacity assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels, or portions thereof; not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use. Such determination shall subject to the approval of the FMU director and be based on the capacity of the water meter for any such structure, in accordance with the following schedule:

METER UNIT SIZE (IN.)	MAXIMUM CONTINUOUS FLOW CAPACITY (GAL/MIN)
1"	50
1 ½"	88
2"	130
3"	175
4"	1,000
6"	2,800
8"	2,800
10"	5,500

(e) Landscape irrigation. Meter capacity shall be assigned using the following schedule for irrigation service from a meter used solely to provide separate metering of landscape irrigation. Meter size and capacity shall be determined based on the maximum continuous flow required, and subject to review and approval of the FMU director.

METER UNIT SIZE (IN.)	MAXIMUM CONTINUOUS FLOW CAPACITY (GAL/MIN)
1"	50
1 ½"	88
2"	130
3"	175
4"	1,000
6"	2,800
8"	2,800

(f) If a meter has a size and/or capacity that does not appear on the schedules provided in section 22.31(d) and (e) above, the FMU director shall determine the necessary meter size by interpolating or extrapolating the schedule and rounding up to the nearest maximum continuous flow of the water meter.

(g) Fire service. No family units or meter capacity shall be assigned for unmetered fire service. (Ord. No. 2025-13, § 1 (Exh. A).)

22.32 Exemptions.

(a) Connection charges pursuant to the provisions of this article shall not be payable with respect to new or altered structures for which a building permit therefor, pursuant to the building code adopted by the city at the time of issuance of such permit, was issued prior to the original effective date of this article, December 15, 1986.

(b) As exempted under section 25.20.4.11.F, ADUs and JADUs meeting the requirements of Government Code Section 66323(a)(1) or are less than 750 square feet are exempt and shall not be charged a connection charge.

(c) Temporary connections as provided in sections 22.23, 22.24, and 22.25 shall be exempt from connection charges. (Ord. No. 2025-13, § 1 (Exh. A).)

22.33 Charge for alteration or change of meter size.

(a) Where it is proposed to alter a structure in any way which results in a greater potential water demand therefore, or to change or replace an existing water meter by a meter of a larger size, meter capacity applicable to such structure both prior and subsequent to such alteration or change of meter size shall be determined pursuant to the provisions of section 22.31, and a connection charge based on the difference between the meter capacity applicable prior to such alteration or change of meter size shall be paid, whether or not a connection charge was theretofore payable with respect to such structure. The charge provided for in this section shall be deemed a connection charge for the purposes of this article, even if a new physical connection of a structure is not required, the continuance of the original physical connection being conditioned on payment of the charge provided for in this section. Unless such charge is paid prior to making such alteration or change of meter size, it shall be paid within thirty days of receipt of notice of the amount payable by reason of such alteration or change of meter size. Such notice shall be mailed, postage prepaid, registered, or any owner of such structure.

(b) No connection charge shall be payable when a water meter installed before December 16, 1986 is replaced by two meters, solely to provide for the separate metering of landscape irrigation. Sizing of meters installed pursuant to this subsection shall be within the sole discretion of the FMU director. If a smaller non-irrigation meter is not justified, the FMU director may allow the existing meter to stay in service rather than require it to be replaced with a new meter. Nothing in this subsection shall be construed to eliminate payment of a connection charge when otherwise due pursuant to subsection (a).

(c) Where it is proposed to change or replace an existing water meter by a meter of a smaller size, no connection charge for capacity shall be required. No refund or credit of capacity charges will be issued as a result of this section unless a fee credit program is agreed to by the City. (Ord. No. 2025-13, § 1 (Exh. A).)

22.34 Use of proceeds.

There is hereby created a water facilities fund into which all sums collected pursuant to this article shall be deposited.

The monies in such water facilities fund shall be used solely to acquire or construct water supplies, facilities, and systems; to repay principal and interest on bonds issued for the acquisition or construction of such water supplies, facilities and systems; to repay federal or state loans or advances made to the city for the construction of such water facilities and systems; and to pay for administration of connection charge collection. (Ord. No. 2025-13, § 1 (Exh. A).)

22.35 No refunds.

In the event that the building for which a connection charge has been paid is not under construction within 180 days of issuance of the plumbing permit, or in the event construction stops for 180 days, the connection charge paid shall lapse and the full amount of the connection charge in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed connection charge, but shall grant a credit on such connection charge in the amount of the previously paid connection charge. (Ord. No. 2025-13, § 1 (Exh. A).)

Article V. Installation Charges.

22.36 Installation charges - new service.

Unless otherwise authorized by the city council applicants for new services shall be responsible for the full cost of facilities necessary to deliver water to its premises, including payment of FMU fees and charges. FMU may opt to install or have applicant install water services. FMU shall collect charges for the installation of new water service connections installed by city forces. Charges shall be in the amount as established by separate resolution duly adopted from time to time by city council. Where unusual conditions prevail, charges will be based on actual costs incurred by the City, including staff time, labor, materials, and administrative costs. (Ord. No. 2025-13, § 1 (Exh. A).)

22.37 Charges - New meter and box.

Charges for meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner. FMU shall collect charges for the installation of water meter and box in the amount as established by separate resolution duly adopted from time to time by city council. (Ord. No. 2025-13, § 1 (Exh. A).)

22.38 Increase or decrease of installation charges.

All rates and charges provided for in sections 22.36 and 22.37 of this chapter, unless otherwise updated by resolution duly adopted by City Council, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. (Ord. No. 2025-13, § 1 (Exh. A).)

22.39 Charges - Large service connections and special conditions.

For any installation greater than four inches in size, the applicant will deposit an amount equal to the estimated installation cost at the time of application; additional billing or refund will be made on such deposit after actual installation costs have been determined at the completion of the work. Where special conditions exist, the city reserves the right to furnish special meters with the applicant to pay actual installation cost. (Ord. No. 2025-13, § 1 (Exh. A).)

22.40 Payable prior to installation, etc.

All installation charges shall be paid prior to installation, or in the case of new construction must be paid before the building permit is issued. (Ord. No. 2025-13, § 1 (Exh. A).)

22.41 Advance deposit in certain cases.

In the case of connection charges on a cost plus basis, a deposit must be made in advance of the estimated cost and an adjustment made upon completion. If the cost is over the estimate, the applicant will be billed for the difference; if the cost is less, FMU will refund the difference. (Ord. No. 2025-13, § 1 (Exh. A).)

22.42 Changes in size of meter, pipe, etc., at expense of customers.

Changes in size of meter, service pipe, or both of the existing service connections shall be at the expense of the customer. (Ord. No. 2025-13, § 1 (Exh. A).)

22.43 Changes in location of meters and connections at expense of customers.

When the relocation of an existing meter or service connection is requested for the customer’s convenience, the relocation shall be at the customer’s expense. (Ord. No. 2025-13, § 1 (Exh. A).)

22.44 Water main extensions by city - Generally.

When the city council determines it to be in the public interest for the city to extend water lines in advance of street development or for any other purpose, the FMU director shall be ordered to proceed with such extensions to the extent and in the manner determined by the city council. Such extensions may be installed at the cost of the city or pursuant to appropriate assessment district proceedings.

If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained by the FMU director, together with an allocation of such costs to all parcels of property, which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereto, severally and respectively. (Ord. No. 2025-13, § 1 (Exh. A).)

22.45 Water main extensions by city - Special connection charges.

Prior to installation of any water service connection which will be served in whole or in part by a water main extension subject to special connection charges, the special connection charge must be paid in addition to all other charges and fees provided for by this chapter. Such charge shall be in an amount equal to the cost allocated to the parcel of property by the FMU director, as provided in section 22.44 of this chapter.

If a water main extension is financed by assessment district proceedings, any charge provided for by this section with respect thereto shall be deemed paid for each parcel of property within such assessment district, by virtue of the assessment levied thereon in such proceedings. (Ord. No. 2025-13, § 1 (Exh. A).)

Article VI. Extension of Water Facilities by Applicant.

22.46 Plans.

Any applicant for water service which will require water main extension shall install the extension at the applicant’s own cost and expense. Any applicant for water service which will require other water facility extension may install the same at his own cost and expense. Plans for such extension or extensions shall be submitted to and approved by the city engineer. The applicant shall conform to City standards for the design and installation of water facilities and obtain any required permits in accordance with Chapter 25 of this code. (Ord. No. 2025-13, § 1 (Exh. A).)

22.47 Surety bond.

In the event the applicant installs water facility extensions, the applicant shall furnish the city a surety company bond in an amount equal to one hundred percent of the city engineer’s estimate of the installation costs, to guarantee faithful performance by the application, and surety company bond in an equal amount to guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies and implements used by the applicant on such work. (Ord. No. 2025-13, § 1 (Exh. A).)

22.48 Evidence of title transfer to city.

When water facility extensions are installed and upon the execution and delivery by the applicant of a good and sufficient document evidencing transfer of title of the facilities to the city, water shall be furnished to the applicant’s property. (Ord. No. 2025-13, § 1 (Exh. A).)

Article VII. Water Meters.

22.49 Maintenance.

Where replacements, adjustments, disconnection, or service shutoff for any water meters are necessary by the act, neglect or carelessness of the owner or occupant of any premises or anyone they employ, any expense thereby caused to the FMU shall be placed on the water bill. (Ord. No. 2025-13, § 1 (Exh. A).)

22.50 Testing.

Customers may request a test to be made of the meter service serving their premises. Testing shall be conducted in conformance with American Water Works Association Manual M6, Chapter 5. Arrangements for such test shall be made within five working days after receipt of the request. The customer shall be notified twenty-four hours before the time set for the test. The request for meter tests must be accompanied by a cash deposit for the respective meter size, in accordance with fee schedule as adopted from time to time by city council.

If the results of the meter test determine that the meter is:

(a) Registering not more than two percent faster or slower than the actual quantity of water passing through it, the deposit shall be retained by FMU;

(b) Registering more than two percent over registration, an accurate meter shall be installed, the deposit refunded and the water bills adjusted to correct the error discovered;

(c) Registering more than two percent under registration, an accurate rate meter shall be installed, the deposit refunded and the customer billed for the amount of the undercharge;

(d) In any event, the adjustment for overcharge or undercharge shall not exceed a period of six months or that during which it was measuring service to the customer, whichever is the lesser. (Ord. No. 2025-13, § 1 (Exh. A).)

22.51 Erroneous meter readings; obstruction.

(a) Erroneous meter readings. Whenever a meter fails to register correctly, the customer shall be charged for a minimum service charge and for an estimated amount of water used, based upon the customer’s prior consumption during the same season of the year, if conditions were unchanged, or upon a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances.

(b) Obstructing water meters. In accordance with section 22.6, it shall be unlawful for anyone to enclose a water meter with a fence, wall, hedge or otherwise obstruct access to water service meters and metering equipment. Upon the failure or refusal of the owner or customer to remove any such unlawful obstruction within a reasonable length of time, thirty days unless prevented by extenuating circumstances, after written notification to do so, the FMU director shall, at his option, order:

(1) The discontinuance of water service to the premises until the obstruction is removed; and

(2) The customer to pay for the city cost for removal of the obstruction, including the cost of labor, equipment, materials, and administrative costs. (Ord. No. 2025-13, § 1 (Exh. A).)

Article VIII. Customer’s Equipment.

22.52 Customer’s responsibility.

The customer(s) shall, at customer’s own risk and expense, furnish, install, and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water. FMU shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper maintenance or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating or interfering with such equipment. The customer shall be responsible for determining the pressure operation limits of customer’s fixtures and equipment and shall properly protect the same from a variance of water delivery pressures, including periods when for any reason whatsoever there is no water available. (Ord. No. 2025-13, § 1 (Exh. A).)

22.53 Control or isolation valve.

The owner of premises to be served shall install a control or isolation valve on the house piping between the water meter and the first valve outlet on the premises. When old premises, to which a service connection has previously been installed, are being altered, a control valve shall be installed by the owner, if such is not already provided. The customer shall not operate the meter stop or valve in the meter box at any time. (Ord. No. 2025-13, § 1 (Exh. A).)

22.54 Pressure relief valve.

Each water heater shall be equipped with a suitable pressure relief valve of a type and nature required by the California plumbing code and local building codes. (Ord. No. 2025-13, § 1 (Exh. A).)

22.55 Backflow prevention and prohibition of cross-connection.

In making plumbing connections, the customer is required to comply with the FMU regulations, the California State Water Resources Control Board Division of Drinking Water, and the United States Public Health Service. Any type of connection which may permit a back pressure or back siphonage or cross connection from any external source into the FMU facilities is prohibited.

If the customer’s premises are considered high-risk in accordance with the categories identified in the FMU’s Cross-Connection Control Policy Handbook, or if the FMU determines the need for backflow prevention through the hazard assessment process conducted in accordance with the FMU’s Cross-Connection Control Policy Handbook, the customer shall install a backflow prevention assembly on the customer’s side of the potable water system, as described in section 22.5, at the expense of the customer. FMU may terminate deliveries to any customer if it determines that the customer has failed to install and appropriately maintain required backflow assembly to protect the FMU facilities, and that a substantial risk to public health and safety, or potential risk to the water distribution system exists, whether or not the customer’s failure was willful or negligent.

To protect the public water supply from possible cross-connection or contamination from back pressure or back siphonage, an FMU backflow prevention assembly shall be installed. The type of assembly installed shall be as approved by FMU, and on the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research List of Approved Backflow Prevention Assemblies, as updated from time to time.

The approved backflow prevention assembly shall be installed in conformance with FMU installation requirements in the City standards and in a location accessible at all times to FMU for inspection. The costs of the approved backflow prevention assembly, its maintenance and inspection are the responsibility of the customer.

A previously installed backflow assembly which does not conform to current standards may remain in operation until such time as it requires replacement, fails annual test, any incidents of backflow have occurred, any changes are to be made to the premises it serves, or any change in use of the premises occurs. Should any one of the aforementioned events occur, the previously installed backflow assembly shall be replaced with a current approved assembly. (Ord. No. 2025-13, § 1 (Exh. A).)

22.56 Backflow prevention assembly - inspection, repair, and costs.

FMU shall test and inspect all backflow prevention installations annually as required by the State Water Resources Control Board Cross-Connection Control Policy Handbook and the City’s Cross-Connection Control Policy Handbook. The City reserves the right to require testing at more frequent intervals, should the FMU director determine more frequent testing to be in the interest of public health and safety. The FMU director may reduce or suspend deliveries to any customer or other user of water if they determine that the customer or other user of water has failed to appropriately maintain required assemblies to protect the FMU facilities, and that a substantial risk of damage exists, whether the customer’s failure was willful or negligent.

In accordance with the FMU regulations, the City will notify each affected water user in advance when the tests are to be undertaken so that a customer representative may witness the tests if so desired.

All costs for annual testing, inspection, service, repair, overhaul, or replacement shall be at the expense of the property owner. Property owner shall be invoiced on a time and materials basis. Should the City determine testing at a more frequent interval is required, the property owner shall be invoiced on a time and materials basis only if the backflow assembly fails the test. (Ord. No. 2025-13, § 1 (Exh. A).)

Article IX. Water Rates and Charges.

22.57 Generally.

The procedure of rendering bills for water service, their payment, and the consequences on nonpayment, unless otherwise provided elsewhere in this chapter, shall be governed by the FMU regulations and the city’s financial policies.

In conformance with Government Health and Safety Code Section 116900 et seq., nothing in this section shall be construed to authorize the City to discontinue residential water service for nonpayment. (Ord. No. 2025-13, § 1 (Exh. A).)

22.58 Payment for service; "person" defined.

No person shall receive water service without payment of the rates and charges provided herein. The word "person" as used herein shall mean any individual, firm, or corporation, or the state or the United States of America or any public corporation, political subdivision, city, county, district, or agency of either, including this city. (Ord. No. 2025-13, § 1 (Exh. A).)

22.59 Water rates.

(a) Water rates shall be charged by user class, as set forth in this section, reflecting the different capacity and water volume requirements for each class. Each user in a class shall pay charges in two parts:

(1) a daily service charge to be paid regardless of water use and

(2) a volume charge to be the result of the rate for the user class applied to user’s volume usage.

(b) Water rate user classes shall be as follows:

(1) "Residential" shall include all service to single-family, multi-family and mobile home properties.

(2) "General Service" shall include all non-residential accounts, except as otherwise provided in paragraphs (3) through (5).

(3) "Large Industrial" shall include non-residential accounts, using an average of over one million gallons per day.

(4) "Landscape Irrigation" shall be limited to those water users requiring service exclusively for landscaping purposes.

(5) "Raw Water Irrigation" shall be limited to those water users using non-potable water for landscape irrigation service.

(6) "Construction water meter jumpers" shall be limited to water users described under section 22.24.

(d) Detector check valves for fire sprinkler systems shall be billed on the basis of the bypass meter size at the amount stated in this section. Privately-owned fire hydrants shall be billed an annual charge per fire hydrant as approved by resolution from time to time by city council, which charges shall cover all water furnished through the applicable sprinkler systems and hydrants.

(e) Low Income Senior/Disabled Refund. A refund may be made to certain customers under the following conditions:

(1) On March 1, following the calendar year for which the refund is applicable, the customer making application for the refund meets all of the following criteria: (a) is over sixty-two (62) years of age, or is considered disabled under social security law and receives supplemental social security income for disabled persons, or is a veteran in receipt of a non service connected disability pension from the Veterans Administration, and (b) such individual is a "head of household," (c) that such individual has paid the charges imposed by this section for the twelve (12) months of the preceding calendar year, (d) that the combined annual "gross income" of the household of which such individual is head is less than or equal to the United States Housing and Urban Development eligibility limit for respective family size of household with very low income for the preceding calendar year, (e) that the water service for which such charges were paid was delivered to said individual’s residence, and (f) that such individual had made no other application for a refund for the same calendar year.

(2) Beginning August 1, 2013, the amount of the refund referred to in paragraph (1) shall be $118.00. On each July 1 thereafter, the amount of the refund shall increase by the net percentage increase in residential rates from the prior July 1. The City Council may amend by resolution the conditions for receipt of the refund and the amount of the refund.

(3) The refund provided for in paragraph (2) shall be applied for on a form prescribed by the city on or before March 1, and shall be payable before April 30 of each year for the preceding calendar year.

(4) As used herein, "head of household" shall mean the person filing or who would file a federal income tax return as a head of household, or a single individual, or the husband or wife, if a joint return is filed, but in such case, the individual applying for the refund must additionally declare that his or her spouse has not also applied for the refund for the same period of time.

(5) As used herein "gross income" shall include all compensation for wages, salaries, tips, interest income, rental income (after expenses), royalties, pensions, annuities, social security, SSI, and alimony.

(f) From time to time, the preparation of studies to determine the appropriate water rates to be charged based on the costs of service may be directed by the City Council or City Manager. All future water rate increases shall be subject to City Council approval in the manner required by law.

(g) FMU may use a variety and combination of methods to collect rates and charges, including but not limited to use of property tax roll, internal billing system, or third-party billing system. In the event that customer is a tenant, both tenant and property owner shall be jointly and separately responsible. (Ord. No. 2025-13, § 1 (Exh. A).)

22.60 Delinquent charge to be real property lien.

Charges for water service as set forth in section 22.59 of this chapter shall be considered delinquent if not paid by the due date stated on the bill. Following the procedures set forth under article III-6 of the FMU regulations, the delinquent charges shall constitute a lien upon the real property to which the unpaid charge for service was rendered. Such lien shall be imposed pursuant to the state government code section 54354. (Ord. No. 2025-13, § 1 (Exh. A).)

22.61 Outside rates.

Every customer not covered by section 22.62 being supplied water from FMU to premises outside the city limits shall pay water rates and charges as established by separate agreement duly adopted by resolution from time to time by city council. (Ord. No. 2025-13, § 1 (Exh. A).)

22.62 Large-industrial, wholesale, and raw water contract rates.

Large Users as referenced herein are as determined by City Council, and typically (1) customers with average water demands that exceeds one (1) million gallons per day, or (2) customers who have been determined by City Council to qualify as a Large User on a case specific basis. The city council may negotiate and adopt separate contract rates different than those provided in section 22.59. Contractual rates shall take preference over any other rates set forth in this chapter for Large Users. (Ord. No. 2025-13, § 1 (Exh. A).)

Article X. Zone Connection Charge Within Pump Zones.

22.63 Purpose.

In order to fund the construction, maintenance, and operation of the special pump stations and reservoir sites required to serve water to customers located outside of Zone 1, inclusive, the Zone connection charge is hereby established as specified in this article which shall be in addition to all other charges levied by this code. The establishment of this additional connection charge creates no obligation on the part of the city to serve water above the 100-foot maximum elevation of Zone 1. (Ord. No. 2025-13, § 1 (Exh. A).)

22.64 Zone connection charge.

FMU shall collect the Zone connection charges for installation of new water services located above the Zone 1 maximum water system service elevation of 100 feet. Connection charges shall be determined based on the water meter capacity, consistent with section 22.31. Charges shall be in the amount as established by separate resolution duly adopted from time to time by city council.

Zone connection charges shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. (Ord. No. 2025-13, § 1 (Exh. A).)

22.65 Exemptions.

The provisions of this article shall not apply to areas in which prior to January 31, 1979 the Fairfield City Council approved development conditioned upon the formation of an assessment district or provision of a separate water pressure system installed and paid for by the developer to serve elevations between elevations 100 and 200 feet.

The areas located between 100 and 200 feet subject to this exemption shall be those areas shown on pressure zones 2A and 2B on that certain map entitled, "City of Fairfield, Domestic Water Reservoir Study, Recommended Plan, Pressure Zone No. 2, June 1975", a copy of which is on file with the Department of Public Works, and incorporated herein by reference. (Ord. No. 2025-13, § 1 (Exh. A).)

Article XI. Water Usage.

22.66 General provisions.

(a) Water resources available to the city shall be put to the maximum beneficial use possible. The purpose of this article is to prevent the misuse, or unreasonable use, or unreasonable method of use of water.

(b) The provisions of this article shall apply to all persons, customers, and property served water by the city. The provisions of this article are not applicable to uses of water that are necessary to protect public health and safety or for essential services, such as police, fire, and other similar emergency services. (Ord. No. 2025-13, § 1 (Exh. A).)

22.67 Normal condition.

Water delivered to customers shall be used only for reasonable and beneficial use at all times. No customer or user shall knowingly waste or permit the waste of water. The following prohibitions and regulations shall be in effect at all times.

(a) Failure by any person to promptly repair a controllable water leak shall be prohibited. A "controllable" water leak is defined as any leak occurring from the customer’s water system including plumbing and irrigation fixtures for which the customer owns and/or is responsible. This definition includes the entire water system within the boundaries of the customer’s property. For example, broken sprinkler heads, leaking hose bibs, or broken water lines (under the customer’s home) are considered controllable water leaks. A person is not responsible for any portion of the system owned by the City or other public agency (e.g., water meter).

(b) Landscape irrigation utilizing individual sprinklers or sprinkler systems of lawns, landscaped areas, trees, shrubs, or other plants shall occur only before 12:00 noon or after 6:00 pm. This restriction is applicable only during daylight savings time unless changed hereafter by resolution of the City Council.

(c) Landscape irrigation in a manner that causes runoff, or within 48 hours after measurable precipitation, is prohibited.

(d) Hosing off sidewalks, driveways and other hardscapes is prohibited, unless necessary to protect public health and safety.

(e) Use of non-recirculating systems in new conveyor car wash and commercial laundry systems is prohibited.

(f) Use of non-recirculating systems in a fountain or other decorative water features is prohibited.

(g) Irrigating nonfunctional turf as defined in AB 1572 is prohibited.

(h) All new installation of cooling systems using potable water as a coolant shall be recycling systems only. No single pass cooling systems shall be allowed.

(i) Use of potable water for non-potable uses, including irrigation of landscape areas or industrial use, is prohibited when suitable non-potable water (including raw water) is available to an area. (Ord. No. 2025-13, § 1 (Exh. A).)

Article XII. Water Emergencies and Water Shortage.

22.68 Water emergency.

Pursuant to California water code section 350, the city council may declare a water shortage emergency indicating water shortage stage following a duly noticed public meeting when it finds and determines that FMU will not be able to provide normal water service demands for its customers without depleting the water supply to the extent that water available would be insufficient for human health and safety needs and fire protection. The water shortage stages may be implemented in any reasonable order and shall continue to be in effect until the city council makes a determination to terminate the applicable water shortage stage.

(a) Water shortage stages and shortage response actions shall be as provided in the City’s water shortage contingency plan, as updated from time to time and adopted by City Council. FMU may implement water shortage response actions as provided in the water shortage contingency plan for the corresponding water shortage stage in addition to mandated State prohibitions and restrictions.

(b) The city council may adopt water shortage surcharge rates during a water shortage emergency to support FMU response actions to maintain sufficient water supply for human health and safety and fire protection.

(c) The FMU director shall have discretion to determine that certain restrictions may be appropriate for implementation at an earlier stage and may recommend such restrictions for implementation to the City Council. The City Council may implement such additional restrictions as part of its declaration of a water shortage stage.

(d) Notwithstanding the foregoing, in the event of an unforeseeable event such as wildfire or infrastructure failure, causing an immediate emergency or water shortage, the city manager is hereby authorized to declare a water emergency and, if so declared, shall initiate implementation of the appropriate and necessary provisions of the city’s emergency response plan and/or water shortage contingency plan. As soon as possible after such a declaration, the city manager shall make a full report on the water emergency to the city council. During any such water emergency, the city manager and his/her designees may take all steps necessary to protect and preserve the water system, and to protect the health and safety of customers and users, including but not limited to locking out nonessential water services, obtaining and making available temporary water supplies.

(e) Consistent with the authorities in this section, FMU also reserves the right at any time to allocate its available water supply among its customers in a manner that it determines to be in the public interest in the event a water shortage condition exists for any reason. (Ord. No. 2025-13, § 1 (Exh. A).)

22.69 Enforcement and penalties.

The provisions of this article may be enforceable and appealed as provided in sections 22.13 and 22.14. Under a water shortage emergency declaration, the city council may establish, and adopt by resolution, separate penalties and progressive fines associated with violation of the water shortage response actions in effect based on the corresponding water shortage stage. These penalties and fines are in addition to penalties provided under section 22.13, and shall remain in effect until the city council terminates the water shortage emergency.

(a) In addition to the fines and penalties adopted by the city council, the customer shall be responsible for the city’s cost for labor, equipment, materials, and administrative cost to make corrections.

(b) In addition to the applicable fine, the city may install a flow restrictor on a customer’s water service connection for two months for a fourth and subsequent violation of this article during any water shortage stage. If no further violations of this article occur during this two-month period, the City shall remove the flow restrictor at the customer’s expense. If a violation occurs during this two-month period, the City may maintain the flow restrictor for an additional two months. The fee for the flow restrictor removal shall include reimbursement to the City for the cost of installation.

(c) Any peace officer or City code enforcement officer shall have the authority to enforce the provisions of this article. FMU representatives designated by the FMU director shall also have the authority to write and deliver notices of violations pursuant to this article. (Ord. No. 2025-13, § 1 (Exh. A).)

CHAPTER 22WATER