Chapter 13.04 UTILITY SYSTEMS – GENERAL PROVISIONS, WATER AND SEWER

The City Council of the City of Mt. Shasta does hereby adopt the provisions of the current edition of the California Plumbing Code (hereinafter referred to as the “Plumbing Code”), and all future amendments or revisions thereto, as mandated by the State of California, for the control and regulation of plumbing installation for water and sewer systems within buildings, or structures, or buried within earth. If there are conflicts between the Plumbing Code and this chapter, the Plumbing Code shall prevail unless this code is more restrictive. (Ord. CCO-99-05, 1999; Ord. CCO-92-07 § II, 1992; Ord. 428, 1986)

13.04.010 Definitions.

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

(A) “City” shall mean the City of Mt. Shasta.

(B) “Applicant” shall mean any person, firm, club, corporation, or association applying for the use of City water.

(D) “Water rates” shall mean the monthly, quarterly or annual charge for the use of City water.

(E) “Water Superintendent” shall mean the person(s) duly appointed, qualified and acting to enforce the provisions of this chapter or any subsequent rules and regulations adopted by the City Council pertaining to City water.

(F) “Water mains” shall mean the now existing water mains or any extensions thereof.

(G) “Water connections” shall mean any tap or connection to the water main for the use of City water.

(H) “Water meters” shall mean a metering device for water usage that conforms to standards provided by the City Water Superintendent.

(I) “Water permit” as authorized by the City Water Superintendent for obtaining water from a metered hydrant/City water source for construction, dust abatement or other use.

(J) “Frontage” means the front or rear lot line closest to the water or sewer main.

(K) “Lateral” means that section of drainage line used to conduct water from the main to the point of connection to the building water service, or sewage or liquid waste from the point of connection to the building sewer to the City sewer main.

(L) “License” means State of California and City licenses.

(M) “Utility” means water or sewer service.

(N) “Privies” means outdoor toilets without plumbing. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 389 § 22, 1981)

13.04.030 User charges.

A customer connected to the City water and sewer systems shall pay for the water and sewer services rendered. The City Council shall from time to time establish by resolution or ordinance rates for user charges. The basis for calculation of user charges shall be the single-family residence equivalent which shall also be established from time to time by resolution of the City Council. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992)

13.04.040 Collection of utility bills.

(A) It shall be the duty of the Director of Finance to keep or cause to be kept an accurate and complete record of all water and/or sewer users, and on or about the first day of the month shall assure that a billing is sent to each water and/or sewer user for the month.

(B) All payments for utility services, including any penalty charges and interest, shall be paid at City Hall.

(C) All charges for water service, sewer service, refuse and garbage service, and any other utility service rendered by the City, may be incorporated on the same bill and collected along with any delinquent charges as one total item. If all or part of the bill is not paid, any or all services for which the bill is rendered may be discontinued. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992)

13.04.050 Delinquent utility bills.

All charges imposed under this title shall be due and payable upon mailing of a billing for charges, and may be billed monthly, bimonthly, or quarterly in advance. Unpaid charges shall become delinquent 20 days after mailing or delivering of the billing for charges. A basic penalty charge of 10 percent of the unpaid balance shall be added to any rate, fee, or charge that remains delinquent on the first day of the month following mailing or delivery. Interest at the rate of one-half of one percent per month shall accrue on the total of all such delinquent charges and penalty charges after the first month. The Director of Finance shall notify or cause to be notified all delinquent utility users, informing them that if their delinquent utility bill remains unpaid beyond the twentieth day of the month following the month during which it was first billed, their water service shall be discontinued and further penalties added. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.060 Discontinuance of service.

It shall be the duty of the Water Superintendent when directed by the Director of Finance to disconnect, or cause to be disconnected, all delinquent water users whose delinquent utility bill remains unpaid beyond the twentieth day of the month following the month in which first being billed. The Director of Finance shall collect, or cause to be collected, from such delinquent water users, all delinquent months’ utility bills, the current month’s utility bill, and a penalty in an amount to be established by City Council resolution, but not less than $25.00, for turning off and on said water. The penalties must be paid to City Hall before said water service is reestablished. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.070 Application for service and notification of vacancies.

Every application for utility service shall be the responsibility of owners/landlords. It is the responsibility of owners/landlords to notify the City of vacancies and discontinuance of water and/or sewer usage. Owners/landlords failing to make such notifications shall be charged for utility services until the first day of the month following such date as the City is notified. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.080 Deposits.

In the event that the Director of Finance deems it in the interest of the City to assume the collection of charges for utility services from a tenant or lessee, he may collect or cause to be collected from said tenant/lessee a deposit in an amount not less than two times the highest billing for said property within the past 12 months, or an estimated amount if a 12-month history of billings has not been established for the property. Utility accounts discontinued for nonpayment of delinquent charges may also be required to make a deposit of two times the highest billing within the past 12 months before service is reestablished. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.090 Duplex and multiple dwelling units connections and services.

Water connection will be provided to multiple dwelling units only upon application by the owner of those premises unless otherwise provided by law. Unless authorized by the Water Superintendent in cases of more than five units, all apartments when constructed shall have a separate water meter and valve that can turn off water to an individual apartment without interrupting the service to other apartments within the structure. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.100 Water, sewer and refuse service required.

Every building or structure with human habitation shall have water service, sewer service and refuse service provided consistent with the Building Code and laws, rules and regulations regulating the provision of such services. (Ord. CCO-20-02 § 3, 2020; Ord. CCO-99-05, 1999; Ord. CCO-96-07 § 69, 1996; Ord. CCO-92-07, 1992; Ord. 389 § 4, 1981)

13.04.105 Utility charges liability.

(A) Every person receiving any service designated in this chapter shall be liable to the City for the charge established by the City for such service.

(B) In addition to the direct liability of the person receiving the service, it shall be presumed that the occupant of any premises served is the agent of the owner thereof, and is acting for and on behalf of the owner in subscribing for or receiving the service.

(C) Every service performed under this chapter shall be presumed to be for the benefit of the premises for which any refuse, water or sewer service is rendered and the charges accruing for such service shall be a lien upon the premises served. (Ord. CCO-20-02 § 4, 2020)

13.04.110 Installation standards.

All connections as required in MSMC 13.04.100 shall be installed per the then current edition of the Plumbing Code as mandated by the State of California. Any portion of a connection that is within the public street property shall be installed to the City’s standard specifications for street installation. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 389 § 5, 1981)

13.04.115 Connection fees.

(A) The City Council shall establish by resolution or ordinance a water connection fee per single-family residential equivalent unit. Said fee shall be collected prior to any connection to a City main. Connections to be made to new subdivisions and other developments shall be assessed and paid as a condition precedent to the issuance of any building permit.

(B) Water meters shall be installed per SB 229 and meters obtained from or approved by the Water Superintendent. Fees for meter installations are to be charged at actual rates and are subject to change at the discretion of the Water Superintendent.

(C) The City Council shall establish by resolution or ordinance a sanitary sewer and wastewater treatment system connection fee per single-family residential equivalent unit. Said fee shall be collected prior to any connection to the sanitary sewer system.

(D) Connection fees for all other water and sewer connections shall be on an equivalent unit basis. A unit is defined as the rate for a single-family residence. The City Council shall from time to time establish the base single-family residence equivalent unit for each utility. Each new connection shall be charged a connection fee in accordance with its proportionate relationship to the load or demand of the base single-family residence equivalent unit. The fee calculation shall give a number which is expressed as a multiplier of the basic unit charge. (Ord. CCO-99-05, 1999; Ord. CCO-96-07 § 61, 1996; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.120 Permit.

No lateral connection to a City water or sewer main or installation of plumbing appliances or fixtures shall be made without first obtaining a written permit from the City. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.130 Permit fees.

Fees for permits issued per MSMC 13.04.120 shall be per the fee schedule adopted by the City Council. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.140 Water and sewer laterals.

The property owner is responsible for payment for installation of the water lateral from the main to the point of connection to the building water service. The water lateral shall be installed to City specifications at the property owner’s expense. Such water lateral will be installed by the City unless approved by the Water Superintendent and under a valid encroachment permit. Only City employees or a licensed contractor retained by the City shall install any piping within City streets, alleys or public property unless otherwise approved in advance by the Water Superintendent and installed under a valid encroachment permit. The property owner shall install the portion of water lateral from the property line to the building or structure under permit per MSMC 13.04.120. Said lateral extension shall be installed per the Plumbing Code and inspected by the City Building Inspector prior to usage.

The property owner is responsible for payment of installation of the sewer lateral from the main to the point of connection to the building sewer. The sewer lateral shall be installed to City specifications at the property owner’s expense. Such sewer lateral will be installed by the City unless other installation is authorized by the Director of Public Works and is under a valid encroachment permit. Only City employees or a licensed contractor retained by the City shall install any piping within City streets, alleys or public property unless otherwise approved in advance by the Director of Public Works and installed under a valid encroachment permit. The property owner shall install the building sewer from the property line to the building or structure under permit per MSMC 13.04.120. The building sewer shall be installed per the Plumbing Code and inspected by the City Building Inspector prior to usage. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.150 Water and sewer lateral cost.

When the City or the City’s contractor is to conduct the work of utility lateral line installation, the City shall prepare a reimbursable work order form. The work order shall stipulate the estimated cost for installation of the water and/or sewer lateral. The property owner requesting the installation of a water and/or sewer lateral shall make payment to the City in the amount of the work order estimate and sign the work order form in acknowledgment of its contents prior to its installation. If the actual cost of the lateral installation is less than the estimate, the City shall reimburse the property owner the amount paid over the actual cost. If the actual cost of the lateral installation is more than the estimate, the property owner shall pay the amount of cost over the estimate prior to usage of the lateral. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.160 Annexation.

All plumbing piping as per MSMC 13.04.100 on premises annexed to the City shall connect to the public water and sewer systems within 12 months after the official annexation date, when there is an existing main, except as provided in Chapter 13.20 or 13.21 MSMC. All properties annexed after the date of adoption of the ordinance codified in this chapter shall be deemed as a condition of annexation to be under the provisions of a use permit as per Chapters 13.20 and 13.21 MSMC. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.170 Availability of a City water main and City sewer main.

A public water main connection shall be deemed available to a property to be built upon and used by human occupancy if any property line or corner is within 500 feet of the end or side of a public water main.

A public sewer main connection shall be deemed available to a property to be built upon, or annexed, and used by human occupancy if any property line is within 500 feet of the City sewer main and the flow is by gravity. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986; Ord. 389 § 11, 1981)

13.04.180 Water or sewer main extension.

If it is necessary to extend the City main water line or City main sewer line for the property to be served per MSMC 13.04.100 and 13.04.160, the main water or sewer line shall be extended across the total frontage, side or rear line of the property to be served, save and except that it can be clearly seen that the main will not serve any other property. A reimbursable work order per MSMC 13.04.150 shall be prepared by the City for the extension cost of the main line. Only City employees or a licensed contractor, obtained by the City, will be allowed to install main line extensions unless otherwise approved in advance by the Water Superintendent or Director of Public Works and installed under a valid encroachment permit. Full payment for cost of the extension shall be paid by the property owner prior to the installation of the main line, except where the property owner has signed an agreement with the City Council for other terms of financing the line extension. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.190 Later connections to previously extended main lines by other property owners.

When a property owner pays for all the cost of a main line extension per MSMC 13.04.180 and the extended line passes other properties, allowing them to be served, the City shall record the actual cost of the extension and assess those properties that can be served. The City shall calculate the pro rata cost attributable to properties crossed and collect such cost with and in addition to the regular fees. The property owner that paid for the cost of extending the main line shall be reimbursed at the time of connection of any future laterals per Chapters 13.20 and 13.21 MSMC. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.220 Subdivisions.

All new subdivisions where new streets are installed and accepted by the City shall have a complete distribution and collection system installed per City specifications. The subdividers shall install the distribution system, including meter boxes and meters, at their own expense. Connections to the collection systems shall be required if within 500 feet of main lines. The subdividers shall install the collection system at their own expense.

Main lines shall be designed in accordance with City standard specifications and good engineering practice and shall not be less than six inches in diameter (inside diameter). Development of industrial or large commercial and residential areas may require installation of larger mains at the discretion of the Water Superintendent and Director of Public Works.

Should the Water Superintendent or Director of Public Works desire a larger size pipe be installed due to flows of other areas, the City will pay costs over the costs of installing the required pipe, as above. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.270 Meters.

The Council finds and declares that water meters are necessary for the conservation of City water and may order their installation, either over the entire City, in certain districts within the City, or upon a certain class or classes of water users, and when installed by limiting the quantity of water to be used, fix the rate for said use, and provide for the reading of the meters. All meters when installed shall be the property of the City and any repairs, replacement or adjustment caused by the negligence or carelessness of the consumer shall be charged to and collected from the consumers. Any consumer may demand that the meter through which water is being delivered be examined and tested by the City for the purpose of ascertaining whether or not it is registering correctly the water being delivered through it. If upon examination and test the meter shall be found to register over three percent more water than actually passes through it, another meter shall be substituted therefor, and the fee so charged shall be refunded to the person making the deposit. If the meter shall be found to be accurate, the fee so deposited shall be forfeited to the City and the water bill paid as rendered. Whenever a meter gets out of order and fails to register correctly, the consumer shall be charged with an average monthly consumption over a six-month period, as shown by the meter when in good working order and registering correctly. It is unlawful for any person to tamper with a City installed meter, and violation thereof shall be punishable as specified in Chapter 1.03 MSMC. The City Council may set the period of time that meters are to be read and utilized for billing by resolution. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.275 City limits.

Nothing contained herein shall obligate the City to provide City water service or sanitary sewer collection service beyond the City limits. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.280 Appeals.

Appeals on the decision of the Planning Commission pertaining to a use permit are to be processed per Chapter 18.32 MSMC. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.290 Variances.

Variances to this chapter shall be processed per Chapter 18.28 MSMC. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.300 Repeals.

All ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this chapter are hereby repealed. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.310 Penalty for violations.

Repealed by Ord. CCO-20-04. (Ord. CCO-99-05, 1999; Ord. CCO-95-04, 1995; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.320 Unauthorized connections.

It shall be unlawful for any person, not authorized by the City, to make any connections to the City water and/or sewer mains, and any violation thereof shall be punishable as specified in Chapter 1.03 MSMC. All connections to the City water and sewer mains shall be by persons duly authorized by the Water Superintendent or Director of Public Works. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)

13.04.330 Civil remedies.

The City shall have the option to enforce any of the provisions of this chapter by civil actions for injunction or to recover damages, in addition to any criminal penalties provided herein. (Ord. CCO-99-05, 1999; Ord. CCO-92-07, 1992; Ord. 428, 1986)