Chapter 5.15 GENERAL RULES

The governing body may, from time to time, adopt standard requirements for the design, construction, repair and maintenance, or connection to the district water system. [Ord. 73 § 5.01, 2002].

5.15.020 Violation unlawful.

Following the effective date of the ordinance codified in this title, it shall be unlawful for any person to connect to, construct, install, provide, maintain or use any other means of water facilities from any building in the area serviced with water by said district except by connection to water facilities in the manner as provided for in this title. Any violation of this title will be subject to the provisions of this section, at the discretion of the general manager. [Ord. 73 § 5.02, 2002].

5.15.030 Notice of violation.

Under particular circumstances and pursuant to the discretion of the general manager, any person found to be violating any provision of this or any other ordinance, resolution, rule or regulation of the district shall be served, by an authorized person, with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Said time limit shall be not less than two nor more than seven working days unless otherwise specified. The offender shall, within the period of time stated in such notice, permanently cease all violations. Upon being notified by an authorized representative of the district of any defect arising in any water facility or of any violation of this title, the person or persons having charge of said work shall immediately correct the same. All persons shall be held strictly responsible for any and all acts of agents or employees done under the provisions of this or any other ordinance, resolution, rule or regulation of the district. [Ord. 73 § 5.03, 2002].

5.15.040 Protection from damage.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the district’s water works. Any person violating this provision shall be subject to the penalties provided by law. [Ord. 73 § 5.04, 2002].

5.15.050 Investigation powers.

The officers, inspectors, manager and any duly authorized employees of the district shall carry evidence establishing his/her position as an authorized representative of the district and upon exhibiting the proper credentials and identification shall be permitted to enter in and upon any and all buildings, industrial facilities and properties to which the district is furnishing water or has been requested to furnish water for the purpose of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, resolutions, rules and regulations of the district pursuant to the authorization contained in the required application for water service. [Ord. 73 § 5.05, 2002].

5.15.060 Noncompliance with regulations.

As an alternative method of enforcing the provisions of this or any other ordinance, resolution, rule or regulation of the district, the district shall have the power to disconnect the user’s or subdivision’s water service from the water mains of the district. Upon disconnection, an authorized representative of the district shall estimate the cost of disconnection from and reconnection to the system, and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. [Ord. 73 § 5.06, 2002].

5.15.070 Liability for violation.

Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation. [Ord. 73 § 5.07, 2002].

5.15.080 Relief on application.

When any person, by reason of special circumstances, is of the opinion that any provision of the ordinances, rules or regulations of the district is unjust or inequitable as applied to the person or premises, he/she may file a written application to the governing body stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to a particular premises. If such application is approved, the governing body may, by resolution, suspend or modify the provision complained of, as applied to such person or premises, to be effective as of the date of the application and continuing during the period of the special circumstances. [Ord. 73 § 5.08, 2002].

5.15.090 Relief on own motion.

The governing body may, on its own motion, find that by reason of special circumstances any provisions of its ordinances, rules or regulations should be suspended or modified as applied to a particular person or premises and may, by resolution, order such suspension or modification for such premises during the period of such special circumstances or any part thereof. [Ord. 73 § 5.09, 2002].

5.15.100 Maintenance of water pressure and pressure conditions.

The board shall not accept any responsibility for the maintenance of pressure and it reserves the right to discontinue service while making emergency repairs, or other work required on the water system as determined by the general manager. Customers dependent upon a continuous supply should provide emergency storage. All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the system at the location of the proposed service connection, and to hold the district harmless for any damages arising out of low pressure or high pressure conditions or interruptions of service. [Ord. 73 § 5.10, 2002].

5.15.110 Tampering with district property.

Except as specifically authorized by the general manager, no one, except an employee or representative of the district, shall operate any of the district’s system or portions thereof. [Ord. 73 § 5.11, 2002].

5.15.120 Charge for violation.

Failure of a customer to comply with all or any part of this title, or any other ordinance, resolution or order fixing rates and charges of this district, a charge for which has not hereafter been specifically fixed, shall cause service to be discontinued and the water shall not be supplied such customer until the customer is in full compliance with the rules and regulations, rate or charge which have been violated. [Ord. 73 § 5.12, 2002].

5.15.130 Water system.

The district will furnish a system, plant, works and undertakings used for and useful in obtaining, conserving and disposing of water for public and private uses, including all parts of the enterprise, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment. [Ord. 73 § 5.13, 2002].

5.15.140 Number of services per premises.

The applicant may apply for as many services as may be reasonably required for his/her premises; provided, that the pipeline system for each service be independent of the others and that they not be interconnected. [Ord. 73 § 5.14, 2002].

5.15.150 Water waste.

No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, the district may discontinue the service if such conditions are not corrected after giving notice of violation as provided in HDWDC 5.15.030. [Ord. 73 § 5.15, 2002].

5.15.160 Responsibility for equipment on customer premises.

All facilities installed by the district on private property for the purpose of rendering water service shall remain the property of the district and may be maintained, repaired or replaced by the water district without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities and shall provide any easements, licenses or other rights-of-way as may be required by the district. [Ord. 73 § 5.16, 2002].

5.15.170 Damage to water system facilities.

The customer shall be liable for any damage to the service facilities when such damage is from causes originating on the premises by an act of the customer or customer’s tenants, agents, employees, contractors, licensees or permittees, including the breaking of locks by the customer and any damage to a meter. The district shall be reimbursed by the customer for any such damage. [Ord. 73 § 5.17, 2002].

5.15.180 Ground-wire attachments.

All individuals or business organizations are forbidden to attach any ground-wire or wires to any plumbing which is or may be connected to a water service connection or water main belonging to the district. The district will hold the customer liable for any damage to its property occasioned by such ground-wire attachments. [Ord. 73 § 5.18, 2002].

5.15.190 Control valve on the customer property.

A valve shall be provided on the customer’s side of the service installation, to control the flow of water to the piping on the premises. The customer shall not use the service curb stop to turn water on and off for convenience. [Ord. 73 § 5.19, 2002].

5.15.200 Unsafe apparatus.

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers. [Ord. 73 § 5.20, 2002].

5.15.210 Cross-connections.

Water service may be refused or discontinued to any premises where there exists a cross-connection as defined in Chapter 5.40 HDWDC. [Ord. 73 § 5.21, 2002].

5.15.220 Fraud or abuse.

Service may be discontinued if necessary to protect the district against fraud or abuse. [Ord. 73 § 5.22, 2002].

5.15.230 Interruptions in service.

The district shall not be liable for damage which may result from an interruption in service. [Ord. 73 § 5.23, 2002].

5.15.240 Ingress and egress.

Representatives of the district shall have the right of ingress and egress to the customer’s premises at reasonable hours for any purpose reasonably connected with the furnishing of water service. [Ord. 73 § 5.24, 2002].

5.15.250 Installation of services.

A single permanent service connection shall provide water service for both the domestic water and residential fire sprinkler portions of the customer service line.

Only duly authorized employees or agents of the district shall be authorized to install service connections. All service connections shall comply with the specifications of the district. No rent or other charge will be paid by the district for a meter or other facilities, including connections. All meters will be sealed by the district at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents. [Res. 19-15 Att. A; Ord. 73 § 5.25, 2002].

5.15.260 Change in location of meters.

Meters moved for the convenience of the customer will be relocated at the customer’s expense. Meters moved to protect the district’s property will be moved at district expense unless the relocation is necessary due to acts or omissions of the customer. [Ord. 73 § 5.26, 2002].

5.15.270 Size and location.

The district reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. Service installations will be made only to property within 660 feet of an existing distribution main. Service installations will be made only to property abutting on distribution mains as have been constructed in public streets, alleys or easements, or to extensions thereof as herein provided. Services installed in new subdivisions prior to the construction of streets in advance of street improvements must be accepted by the applicant in the installed location. [Ord. 73 § 5.27, 2002].

5.15.280 Service valve.

Each service connection installed by the district shall be equipped with a service valve or wheel valve on the inlet side of the meter. Such valve is intended for the exclusive use of the district in controlling the water supply through the service connection pipe. If the valve is damaged by the customer’s use to an extent requiring replacement, such replacement shall be at the customer’s expense. [Ord. 73 § 5.28, 2002].

5.15.290 Access to meters.

The district reserves the right to enter upon the applicant’s premises for the purpose of reading, repairing or replacing the water service meter. The applicant/customer shall be solely responsible for the control of all animals, which may pose a potential threat to district employees, and shall be liable for any injury to a district employee resulting from unrestrained animals. Should an applicant for new service fail to properly restrain animals present on the property, the district may, upon written notice, refuse to install or turn on service until such time as the district determines that a threat to its employees no longer exists. In the case of existing customers, where district employees may encounter some personal risk in attempting to read a meter (due to the presence of unrestrained animals, or otherwise), the employee is not required to read the meter, and the customer’s bill will be estimated based upon the prior year’s consumption plus the average increase in consumption in the district. The meter will be read quarterly in the presence of the customer or someone of his/her choosing, so that overestimates and underestimates of use may be rectified on the bill. [Ord. 73 § 5.29, 2002].

5.15.300 Residential fire sprinkler systems.

Effective January 1, 2011, residential fire sprinklers are required by Cal. Residential Code, Title 24, Part 2.5 for new construction.

A. General Provisions. A single permanent service connection shall provide water service for both the domestic water and residential fire sprinkler portions of the customer service line.

B. Special Provisions. A reduced pressure principle backflow device will be required for all residential services when a fire sprinkler system is required.

C. Termination of Service. The district may terminate service in accordance with current HDWD rules and regulations. The district is not liable for damage which may result from said termination of service. [Res. 19-15 Att. A].

5.15.310 Water service for new multiunit residential and mixed-use structures.*

As a condition of new water service, each newly constructed multiunit residential structure or newly constructed mixed-use residential and commercial structure for which an application for one or more water service connections is submitted after January 1, 2018, shall measure the quantity of water supplied to each individual residential dwelling unit, unless exempt under applicable law. The measurement may be by individual water meters or submeters. The owner of the structure shall either: (A) arrange for the district to install individual meters for each unit; or (B) install individual submeters for each unit in compliance with all laws and regulations governing the approval of submeters and the installation, maintenance, reading, billing, and testing of submeters, including, but not limited to, the California Plumbing Code and California Water Code. Except as otherwise provided by law or district policy, the owner shall read submeters. [Res. 19-17 § 2].

* Code reviser’s note: Res. 19-17 adds the provisions of this section as Section 5.15.300. The section has been renumbered to prevent duplication of numbering.