Chapter 5.05
GENERAL PROVISIONS

Sections:

5.05.010    Short title.

5.05.020    Purpose.

5.05.030    Enabling statutes.

5.05.040    Application.

5.05.050    Enterprise.

5.05.060    Separability.

5.05.070    Words and phrases.

5.05.080    Posting.

5.05.090    Means of enforcement.

5.05.100    Notices.

5.05.110    Effect of heading.

5.05.120    Definitions.

5.05.010 Short title.

This title may be cited as the “Hi-Desert Water District rules and regulations for water service.” [Ord. 73 § 2.01, 2002].

5.05.020 Purpose.

This title is intended to provide rules and regulations applicable to the administration and operational activities of the district. This title may be amended from time to time by action of the board of directors of the Hi-Desert Water District. [Ord. 73 § 2.02, 2002].

5.05.030 Enabling statutes.

This title is adopted pursuant to the applicable provisions of Division 12 of the Water Code and Division 5, Chapter 7, Title 5, Division 2 of the Government Code, and further pursuant to the Constitution of the State of California. The district is further authorized by Water Code Section 31027 to prescribe and define by ordinance those restrictions, prohibitions and exclusions it may determine to be necessary pursuant to the California Constitution Article X, Section 2. [Ord. 73 § 2.03, 2002].

5.05.040 Application.

This title shall apply to all water facilities maintained and operated by the district. [Ord. 73 § 2.04, 2002].

5.05.050 Enterprise.

The district will furnish and/or make available a system, plant and works used for the delivery of water for the district’s service area, including all annexations thereto, lands, easements, rights in land, contract rights, and franchises. [Ord. 73 § 2.05, 2002].

5.05.060 Separability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter or the application thereof to any person or circumstances is for any reason held to be unconstitutional or invalid by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or the application of such provision to other persons or circumstances. The governing body hereby declares that it would have passed this title or any section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared to be unconstitutional. [Ord. 73 § 2.06, 2002].

5.05.070 Words and phrases.

For the purpose of this chapter, all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number; and all words in the singular number shall include the plural number. [Ord. 73 § 2.07, 2002].

5.05.080 Posting.

Upon adoption, this title shall be entered in the minutes of the governing body, and within 15 days following its passage a certified copy shall be posted in the district office, and a summary shall be published in a newspaper of general circulation in the district service area. [Ord. 73 § 2.08, 2002].

5.05.090 Means of enforcement.

The district hereby declares that the procedures contained herein are established as a means of enforcement of the terms and conditions of its ordinances, rules and regulations and not as a penalty. [Ord. 73 § 2.09, 2002].

5.05.100 Notices.

Whenever a notice is required to be given under this title, unless different provisions are specifically made herein, such notice may be made either by personal delivery thereof to the person to be notified or by deposit in the U.S. mail in a sealed envelope, postage prepaid, addressed to such person at the last known business or residence address as the name appears on public records or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.

Proof of giving any notice may be made by the certificate of any officer or employee of the district or by affidavit of any person over the age of 18 years, which shows service in conformity with this title or other provisions of law applicable to the subject matter concerned. [Ord. 73 § 2.10, 2002].

5.05.110 Effect of heading.

The title, division or section headings contained in this title shall not be deemed to govern, limit or modify in any manner the scope, meaning or intent of any section or subsection of this title. [Ord. 73 § 2.11, 2002].

5.05.120 Definitions.

“Applicant” means the person making application hereunder who shall be the owner of the premises involved, or an authorized agent(s) so authorized in writing to the district.

“Board” means the board of directors of the Hi-Desert Water District.

“Connection” means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, all used to extend water service from the main to premises, the laying thereof and the tapping of the main. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

“Cost” means the cost of labor, materials, transportation, supervision, engineering, and all other necessary overhead expenses.

“County” means the county of San Bernardino, California.

“Cross-connection” means any physical connection between the piping system from the district service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the district’s distribution mains.

“Customer” means any person supplied or entitled to be supplied with water service by the district.

“Customer’s service valve” means a valve provided by the district on the customer’s side of the meter, the operation of which will control the entire water supply from the meter.

“District” means the Hi-Desert Water District, Yucca Valley, California.

“District engineer” shall be a registered civil engineer of the state of California.

“General manager” means the general manager of the district.

“Governing body” means the board of directors of the Hi-Desert Water District.

“Inspector” means the person who shall perform the work of inspecting water facilities under the jurisdiction or control of the district.

“Main” means a water line in a street, highway, alley or easement used for public and private fire protection and for the general distribution of water.

“Owner” means the person owning in fee title, or in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office, or the person in possession of the property or buildings under claim of, or exercising acts of, ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.

“Permit” means any written authorization required pursuant to this or any other regulation of the district.

“Person” means any human being, individual, firm, company, partnership, association and private, public or municipal corporation, the United States of America, the state of California, a district and any political subdivision or governmental agency.

“Premises” means a lot or parcel of real property under one ownership, except where there are well-defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by several tenants, in which case each portion shall be deemed separate premises. Apartment houses and office buildings may be classified as single premises.

“Private fire protection service” means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.

“Public fire protection service” means the service and facilities of the entire water supply, storage and distribution system of the district, including the fire hydrants affixed thereto and the water available for fire protection, excepting house service connections and appurtenances thereto.

“Regular water service” means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor.

“Residential” means any single-family or multifamily unit not requiring licensing for occupancy and operation.

“Secretary” means the secretary to the governing body.

“Temporary water service” means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

“Waste” shall mean any unreasonable or nonbeneficial use of water, or any unreasonable method of use of water.

“Water” shall mean that water supplied by the Hi-Desert Water District.

“Water district” means the board of directors of the district performing functions related to the district’s water service, together with the general manager and any other duly authorized representatives.

“Water supply shortage” shall mean any water shortage caused by drought or any other threatened or existing water shortage, disaster or facility failure, earthquake, loss of electrical power, pipeline breakage, or other condition which results in or threatens to result in the district’s inability to meet the water demands of its customers.

“Water user” shall mean any person, firm, partnership, association, corporation or political entity using water obtained from the water system of the district. [Ord. 73 § 3, 2002].