Chapter 13.08


13.08.010    Short title.

13.08.020    Definitions.

13.08.030    Water superintendent.

13.08.040    Water service and connection charges.

13.08.050    Collection of water bills.

13.08.060    Service charge for sewer service.

13.08.070    Delinquent water bills.

13.08.080    Disconnection of service for nonpayment.

13.08.090    Landlords.

13.08.100    Waste of water.

13.08.110    Extension of pipes.

13.08.120    Application for connection.

13.08.130    Water main extension.

13.08.140    Lien against property.

13.08.150    Vacancies.

13.08.160    Subdivisions.

13.08.170    Use of water during emergencies.

13.08.180    Illegal connections.

13.08.190    Liability.

13.08.200    Violation – Penalty.

13.08.210    Use of revenue.

13.08.010 Short title.

This chapter shall be known as the “city water ordinance” and may be referred to as such. (Ord. 59 § 1, 1965)

13.08.020 Definitions.

The meaning of various terms as used in this chapter shall be as follows:

A. “Applicant” means any person, firm, club, corporation, or association using city water.

B. “City” means the city of Etna.

C. “Water connections” means any tap or connection to the water main for the use of city water.

D. “Water mains” means the now existing water mains or any extensions thereof.

E. “Water rates” means the monthly, quarterly or annual charge for the use of city water. (Ord. 59 § 2, 1965)

13.08.030 Water superintendent.

The city council may, by resolution duly adopted, appoint a water superintendent whose duty shall be to enforce all of the provisions of this chapter and any subsequent rules and regulations duly adopted from time to time by the city council. The city council may invest him with the power of a police officer for the enforcement of all matters pertaining to his office. He may hold other city offices, either elective or appointive. (Ord. 59 § 3, 1965)

13.08.040 Water service and connection charges.

All persons, firms, clubs, corporations or associations taking or receiving water from the city water system shall pay a monthly charge for water service. This charge shall be set by resolution. Water service fees may be prorated for the portion of the month service is provided. (Ord. 208, 2014; Ord. 197, 2008; Ord. 196, 2007; Ord. 195, 2006; Ord. 191, 2005; Ord. 188 § 1, 2003)

13.08.050 Collection of water bills.

All water bills as set forth in this chapter are to be paid in advance by the twentieth day of each month. All water bills shall be paid into the office of the city clerk at the City Hall. Garbage bills or bills for other city service may be included on the water bill. (Ord. 59 § 5, 1965)

13.08.060 Service charge for sewer service.

A. All persons, firms, clubs, corporations or associations taking and receiving sewer from the city sewer system shall pay a monthly charge for sewer service. This charge shall be set by resolution. Sewer service fees may be prorated for the portion of the month service is provided.

B. There is hereby adopted a sewer capacity fee in the amount of $1,400 for each increased household equivalent or such lesser amount as the Pace Engineering facilities report may provide. The fee shall be collected at the time of the final inspection or at the issuance of the certificate of occupancy, whichever comes sooner. The capacity fee will be deposited into a separate account and the principal and interest from that account will be used for sewer treatment capacity expansion. The fee will be imposed on the establishment of new uses or the increasing of existing uses which result in household equivalents established by the Pace Engineering facilities report, a copy of which is on file with the city clerk and incorporated herein by reference. (Ord. 208, 2014; Ord. 196, 2007; Ord. 195, 2006; Ord. 191, 2005; Ord. 188 § 1, 2003)

13.08.070 Delinquent water bills.

A. All rates, charges and bills for water service are due and payable in advance on the first day of each month and shall become delinquent on the twentieth day of such month. If such rates, charges and bills are not paid on or before the twentieth day of such month, a penalty of 10 percent shall be added to the amount of such rates, charges and bills as are not so paid, after delivery of notice of delinquency.

B. Water service users, who shall have failed to pay such rates, charges and bills, shall thereafter be notified, in writing, of such failure, and by said notice advised that if such rates, charges and bills are not paid within 10 days a penalty of 10 percent will be added to the amount of such rates, charges and bills, and that water service will be terminated, and the date on or after which it will be terminated, and notified also of the right to appeal to the city council, in writing, delivered to the city clerk, at the city clerk’s office in the City Hall. Any notice given in pursuance of this chapter shall be deemed given and received at the time of delivery, if delivered personally or posted upon the premises to which such water service was furnished; and if given by mail, such notice shall be deemed delivered and received on the date following the deposit of such notice in the U.S. Post Office, at Etna, California, enclosed in an envelope, with sufficient postage thereon affixed, and addressed to such water service user at his address as shown on his/her application for water service, and if no such address, then to the premises where the water was delivered.

C. Any applicant desiring to appeal from the rates, charges, bills, penalties or discontinuance of water service, or any one or more of them, shall, on or before the expiration of the period of 10 days provided for in subsection (B) of this section, give to the city, by delivery to the city clerk, written appeal or notice of appeal, signed by such water service user or such water service user’s agent thereunto authorized. In the event of such appeal, such user or such user’s duly authorized agent shall appear at the next immediately succeeding meeting of the city council and, failing to do so, the appeal shall be overruled, penalty added, and water service disconnected.

D. Such water service user, or agent, may appear before the city council and may present, in support of his appeal, relevant and material evidence, which shall be considered by the city council, and thereupon the city council shall consider the appeal and such evidence and rule thereon. The mayor shall thereupon announce such ruling to such water service user or agent, and such ruling shall be entered in the minutes, and such ruling shall be conclusive. In the event that such ruling is a denial of relief upon the appeal, the penalties shall be added to such rates, charges and bills and water service shall be disconnected. (Ord. 139, 1983; Ord. 59 § 6, 1965)

13.08.080 Disconnection of service for nonpayment.

The water service user, having been afforded the remedies provided for by EMC 13.08.070, and the clerk having notified the water superintendent thereof, it shall, unless it has been otherwise ordered by the city council, be the duty of the water superintendent, or other designated person, to disconnect or cause to be disconnected all delinquent water users who have not paid their charges or bills on the expiration of the notice and time, or remedies afforded by this chapter or by any chapter or code of which this chapter shall become a part, and he shall collect or cause to be collected such delinquent water charges and bills in the succeeding month’s water bill, the 10 percent penalty provided for in this chapter, together with a penalty of $10.00 for turning off and on the water. (Ord. 140, 1983; Ord. 59 § 7, 1965)

13.08.090 Landlords.

All landlords who have residences, multiple dwelling units or apartment houses for rent shall notify the city clerk immediately of vacancies, or they will be charged the full rate as set forth in EMC 13.08.040. (Ord. 59 § 8, 1965)

13.08.100 Waste of water.

A. The city water superintendent or other designated person shall have the power, and it shall be his duty, to inspect all hydrants, faucets, taps, traps, and water outlets to see that no water is wasted. If any water user refuses to allow or in any way hinders the inspection of his hydrants, faucets, taps, traps, and water outlets during business hours this shall be sufficient cause to disconnect his water. The water superintendent or other designated person shall notify any water user in writing of waste of water, and if said waste is not corrected within said five days after the notice, his use of water shall be disconnected. When the waste is corrected he shall notify the water superintendent or other designated person and pay a penalty of $5.00 for turning on the water. Mailing of such notice in the U.S. Post Office in the city shall be deemed notice to the water user.

B. In the event that entry upon the lands or premises of the water user is required and the user shall not consent to entry, warrants and proceedings required by law or to conform to the Constitution of the United States and of the State of California shall be had before entry upon such premises. (Ord. 141, 1983; Ord. 59 § 9, 1965)

13.08.110 Extension of pipes.

It shall be unlawful for any person, firm, club, corporation or association to extend or cause to be extended, a water pipe or water pipes from his or their service pipe or connection to convey water upon another lot, premises or building for which he is not paying the prescribed rate. (Ord. 59 § 10, 1965)

13.08.120 Application for connection.

A. All applications for connection to the city water main must be in writing, signed by the applicant and filed with the city clerk. The application must contain a description of the premises upon which water will be used, and must be accompanied by a service connection fee as stated in EMC 13.08.040.

B. One hundred feet of water pipe line on city property shall be included with the hookup charge. Any excess footage required to cover the distance between the water main and property line shall be installed by the city personnel at a rate to be negotiated at current costs.

C. If property owners wish the city department of public works to complete the installation of the water lines to the dwelling or structure, all costs shall be paid by the property owner and shall be negotiated at current cost rates. (Ord. 196, 2007; Amendment dated 8/3/70; Ord. 59 § 11, 1965)

13.08.130 Water main extension.

When an application is made for water service where no water mains exist, and no immediate provisions have been made by the city for the extension of the present water mains to the applicant’s property, the water superintendent or other designated person shall cause a map to be prepared showing the area that will be serviced by such extension and the estimated cost thereof. The applicant shall then deposit a sum of money equal to the estimated cost of the extension with the city clerk. The estimate shall be based upon a six-inch water main. The application, together with the map and estimated cost, shall then be submitted to the city council for approval. Upon approval of such water main extension, the water superintendent or other designated person shall cause the extension to be constructed, and if the cost of such extension is less than the estimate, the difference shall be returned to the applicant, but if the cost is greater, the applicant shall pay the difference to the city clerk as soon as the construction is completed and the actual cost determined. The extension shall be based upon present and future requirements of the area to be provided, and the size of the water main extension shall be approved by the water superintendent or other designated person. The cost of installation of any water mains less than six inches in diameter shall be borne entirely by the applicant, and there shall be no refund benefits for such an extension. The extension of all water mains as provided in this section shall be not less than six inches in diameter and in the event that a larger diameter of pipe is installed, the difference in cost between a six-inch water main and the larger main actually installed shall be borne by the city. All extensions shall originate at the nearest adequate water main and shall extend the full length of the property of the applicant. All applicants for subsequent connections to the extension shall be charged that portion of the total cost of the extension as the square footage of applicant’s property bears to the entire square footage of the area serviced by the water main extension. The connection charges shall be in addition to the water connection charge as provided in EMC 13.08.120. All money paid to the city clerk for the subsequent connection charges shall be kept in a water main extension fund, which fund shall be maintained for a period of 10 years, following the date of completion of the extension. The water main construction charges received by the city for the subsequent service connections to the water main extension within said 10-year period shall be refunded to the person who paid for such extension or to his successors or assigns. Refunds shall be made on July 1st of each year out of the water main extension fund. After the expiration of the 10-year period, any amount left in the fund, or any water main construction charges subsequently received, shall be the sole property of the city. Two or more persons may join in making application for water main extensions. (Ord. 59 § 12, 1965)

13.08.140 Lien against property.

A. In addition to any other remedy provided in this chapter for the enforcement and collection of any water rate, charge or account, all rates, fees, and charges provided for in this chapter shall be charged against the property on which it is furnished and against the owner thereof, and shall be a lien against the premises to which any water may be supplied, and a charge against the owner thereof and the occupant thereof using the water, and if for any cause any sums owing therefor become delinquent, the water shall be cut off, and in no case shall it be turned on to the same property until all such delinquencies shall have been paid in full and such property owner and occupant shall be severally responsible to the city in an action brought by the city in any court of competent jurisdiction for the amount of all such money as may be due and unpaid, together with all penalties provided herein and costs. No change of ownership or occupation shall affect the application of this section.

B. No such water rate, charge, account or fee shall become or be such lien, unless such water service user, such occupant and such owner shall have been afforded notice, and in the event of appeal, the hearing and ruling provided by this section, or any corresponding chapter of any municipal code of which this chapter shall or may become a part. (Ord. 142, 1983; Ord. 59 § 13, 1965)

13.08.150 Vacancies.

In case a house becomes vacant, the regular rate shall be charged and collected from the owner thereof whether water is used or not, until the day upon which the city clerk is notified of the fact that the property is unoccupied. (Ord. 59 § 14, 1965)

13.08.160 Subdivisions.

All subdivisions shall have a complete water distribution system installed and approved by the water superintendent or other designated person before such subdivisions are accepted by the city. The subdivider shall install the water distribution system at his own expense and as recommended and approved by the water superintendent or other designated person, and the city shall pay the difference in cost, between an eight-inch diameter main and any larger diameter main actually installed, to the subdivider. Upon acceptance of such subdivision by the city, all water mains, valves, hydrants, and appurtenances thereto shall become the sole property of the city. (Ord. 59 § 15, 1965)

13.08.170 Use of water during emergencies.

It shall be unlawful for any water user to permit any faucets, sprinklers, or other water outlets to remain open when the fire alarm is sounded. When the “all clear” signal is sounded, such faucets, sprinklers, and other water outlets may again be turned on. (Ord. 59 § 16, 1965)

13.08.180 Illegal connections.

It shall be unlawful for any person not authorized by the city to make any connections to the city water mains. All connections to the city water mains shall be by persons duly authorized by the city council. (Ord. 59 § 17, 1965)

13.08.190 Liability.

The city shall not be liable for any damages in the event the water is shut off for any reason on any water main, interruption of the water supply, or breakage of main or mains. (Ord. 59 § 18, 1965)

13.08.200 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $50.00 or by imprisonment in the county jail for a period of not more than 20 days, or both such fine and imprisonment. (Ord. 59 § 19, 1965)

13.08.210 Use of revenue.

The use of revenue received from water rates as set forth in this chapter shall be limited to the development of water development projects, street repair works in conjunction with water line repairs and expenditures relating to water line repair and maintenance. (Ord. 59 § 23, 1965)