8-2 2 UTILITIES

BATTERY: A metering installation consisting of two (2) or more meters installed at the same service location and operating in parallel as a substitute for a single larger meter.

CONSUMER OR CUSTOMER: The person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for such service, or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in the name of such person regardless of the identity of the actual user of the service.

DEPARTMENT: The Public Service Department of the City.

GENERAL MANAGER: The General Manager of the Public Service Department.

PREMISES: All real property, buildings and appurtenances occupied by an owner, lessee or tenant as a dwelling or a business, commercial or industrial enterprise upon an integral parcel of land undivided by a street.

SERVICE CONNECTION: The pipeline extending from the Department’s water main, whether located in a public thoroughfare or private right of way, to the curb line or property line of the consumer’s premises, together with the valves, meter and fittings necessary to connect to the consumer’s private pipeline. [Formerly numbered Section 30-1; renumbered by Ord. No. 3058, eff. 2/27/87.]

8-2-102: UTILITY RATE RESOLUTION²:

All fees, penalties, refunds, reimbursements, and charges of any kind collected by the City pursuant to the provisions of this article shall be specified in the Utility Rate Resolution, as amended by the council from time to time. Whenever applicable throughout this article, reference shall be made to the Utility Rate Resolution in lieu of any reference to specific fee amounts. [Formerly numbered Section 30-2; renumbered by Ord. No. 3058, eff. 2/21/87; 2913.]

8-2-103: RULES AND REGULATIONS:

The General Manager may prescribe, from time to time as they deem necessary or desirable, rules and regulations, not in conflict with this article, relating to conditions of service and application, administration, and interpretation of rates in the Utility Rate Resolution and the provisions set forth in this article. Upon any failure to comply with the rules and regulations of the General Manager, or to pay rates, or to pay any fee, charge, or penalty prescribed by this article or as may be provided in the Utility Rate Resolution, water service may be turned off until the rules and regulations have been complied with and all appropriate fees, charges, or penalties have been paid. [Formerly numbered Section 30-3; renumbered by Ord. No. 3058, eff. 2/27/87; 2913, 2460, 2274.]

8-2-104: SPECIAL CONDITIONS OF SERVICE:

The General Manager may establish and enforce charges for furnishing and supplying water service to any installation of a character not adequately provided for in this article, provided that such charges shall be consistent with rates and charges prescribed in the Utility Rate Resolution. [Formerly numbered Section 30-4; renumbered by Ord. No. 3058, eff. 2/21/87; 2913.]

8-2-105: METERING:

For the purpose of computing charges, each meter upon the customer’s premises will be considered separately, and readings of two (2) or more meters will not be combined as equivalent to measurement through one meter except in those instances in which the Department, for its operating convenience, substitutes two (2) or more meters of a smaller size in battery for a single larger meter. [Formerly numbered Section 30-5; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-106: PAYMENT FOR SERVICE:

A. Time and Manner Of Paying Bills: Bills, except as may otherwise be provided for in the Utility Rate Resolution, are due and payable on presentation and become delinquent fifteen (15) days after presentation. After a bill is delinquent the General Manager may discontinue water service and turn off the water at any time without further notice.

B. Unpaid Bills: In the event any bill for water service is not paid in accordance with the provisions of this article, the Utility Rate Resolution, or the rules and regulations of the General Manager, the amount of such unpaid bill may become a lien upon the property and be collected at the same time and in the same manner as all taxes on real property in the City. [Formerly numbered Section 30-6; renumbered by Ord. No. 3058, eff. 2/27/87; 2913.]

8-2-107: RATES AND BILLING FOR GENERAL SERVICE:

The rates to be charged and collected by the General Manager for water supplied in any one month for domestic, commercial, or industrial service, within the City, shall be as set forth in the Utility Rate Resolution. [Formerly numbered Section 30-9; renumbered by Ord. No. 3058, eff. 2/21/87; 2913, 2460, 2274.]

8-2-108: RATES AND BILLING FOR TEMPORARY SERVICE:

The rates to be charged and collected by the General Manager for temporary water service shall be as set forth in the Utility Rate Resolution. [Formerly numbered Section 30-10; renumbered by Ord. No. 3058, eff. 2/21/87; 2913, 2460, 2274.]

8-2-109: RATES AND BILLING FOR PRIVATE FIRE SERVICE:

The rates to be charged and collected by the General Manager for supplying water and service for private fire services shall be as set forth in the Utility Rate Resolution. [Formerly numbered Section 30-11; renumbered by Ord. No. 3058, eff. 2/21/87; 2913, 2460, 2274.]

8-2-110: CHARGES FOR NEW SERVICE CONNECTIONS:

A. General Service: For each lot which requires a new service connection or revised service connection, the customer shall pay to the City all charges required pursuant to Sections 8-2-111 and 8-2-112 of this article and a charge for the cost of the service installation or revision equal to the cost of labor, material, equipment, and overhead for such installation or revision. The General Manager will furnish and install, and thereafter maintain, all equipment and materials for service and meter installations. Ownership and title to all such equipment and materials shall remain in the City.

B. Fire Service: For each lot which requires private fire line protection services, the customer shall pay to the City all charges for the cost of such services, including, at a minimum, a bypass meter, single check valve, and housing. A double detector check valve assembly may be required at the discretion of the General Manager, after consulting with the Health Officer. The single check valve and the double detector check valve assemblies shall be installed, whenever practical, on the property of the customer and above ground in an accessible location for meter reading. The bypass meter will be provided by the City and installed by the customer. All single check valve assemblies shall be maintained by the General Manager. The customer shall maintain all double detector check valve assemblies and administer all tests required by the Health Officer. [Formerly numbered Section 30-12; renumbered by Ord. No. 3058, eff. 2/21/87; 2913, 2460, 2274.]

8-2-111: WATER MAIN CHARGE:

No person shall connect any lot to the City water system unless the applicable charges designated in the Utility Rate Resolution have been paid.

A. Existing Mains:

(1) A water main charge shall be required for all lots sought to be connected to the City water system. The charge shall be either the minimum charge per lot, or the applicable rate per gross or net acre, as designated in the Utility Rate Resolution, whichever is greater.

(2) Water main charges payable by any department of the City shall be only one-half (1/2) of such specified charges. Any such charges to a department of the City may be cancelled, wholly or in part, by the General Manager with the approval of the City Manager, when such charges are related to any City improvement, including improvements required under contract with other governmental agencies, and the collection thereof is determined by them to be an inequitable charge to such improvement.

(3) Property which has wholly or proportionately paid the water main charges, when such fact has been or can be established to the satisfaction of the General Manager, need pay only the water main charges applicable to the portion of the property for which the charges have not been paid.

(4) Areas dedicated or condemned for public street and alley purposes shall be excluded in computing water main charges.

(5) Where, in the opinion of the General Manager, the property abutting the water main extension is of a character such that it is not probable that water service will ever be rendered thereto, such frontage may be excluded for purposes of computing water main charges.

B. Water Main Extension And Construction Of Improvements:

(1) Except as hereinafter provided, all lots shall be served with water from a water main approved by the General Manager. In the event there is no such main, or such main is, in the opinion of the General Manager, inadequate or substandard, an extension of a water main approved by the General Manager shall be required as a condition of receiving service. Such extension shall be made at the expense of the person applying for service.

(2) Water main extensions shall extend from the nearest water main or mains in place to and for the length of that portion of the street or right of way on which the property to be served fronts, or to which it is contiguous. In the event the General Manager finds the strict application of this section inequitable as to any particular property, they are authorized to modify this requirement so as to make it equitable in its application. Such extension shall be of such design, material, and capacity to meet the requirements for a distribution main in the territory to be immediately or ultimately served thereby, as determined by the General Manager in accordance with efficient operating requirements of the water system.

(3) Where the installation of a water main extension becomes necessary or desirable in substantially underdeveloped areas not subject to new subdivisions or resubdivisions or where said areas are not properly served by water mains installed in existing developed streets, the General Manager may determine that close adherence to the provisions of this section is not practicable and may then proceed to make equitable distribution of main extension charges among the various property owners to be served by such main as each property is developed. The General Manager is hereby authorized to adjust any inequity that may arise under the foregoing conditions by calculating the cost of installing mains, valves, hydrants, and fittings adequate to serve all the prospective customers that would benefit from such a complete main extension and to prorate this cost to the property owners of the lots so benefited on the basis of the front footage or total square footage of the lot or parcel of land to be served. Construction of the main extension would be performed as required and the charges therefore allocated to the property owners at the time applications for service connection are received.

C. Exception: The provisions of this section do not apply to any division of land processed pursuant to the provisions of Title 11, Chapter 1 of this code. [Formerly numbered Section 30-13; renumbered by Ord. No. 3058, eff. 2/21/87; 2913, 2274.]

8-2-112: SPECIAL FACILITIES CHARGE:

A. Requirements: When water service is required for property at an elevation above sea level of eight hundred ninety feet (890') or higher, payment of a special facilities charge shall be required in addition to all other charges set forth in Section 8-2-111 of this article before application for water service to the said property can be accepted by the Department, except when the special facilities charge has been paid by a previous owner of and for the same parcel of land, or when water service can be obtained from an existing water main for which there is no special facilities charge outstanding.

B. Contents: Special facilities charge shall include the entire cost of the facilities required, including, but not limited to:

(1) Cost of land for reservoir, booster pumping plant, water main extension from existing water main to the reservoir site, and access roadway to the reservoir site, cost of the reservoir, booster pumping plant, water mains except those portions subject to the water main and fire hydrant charge, necessary equipment appurtenant thereto, and the cost of installation thereof; grading, paving, retaining walls, curbs, drainage work and structures; and other necessary works to make said water plant facilities a permanent operating water installation integrated with the water system of the City.

(2) Location, size, capacity, and other specifications for the aforesaid water plant facilities shall be prescribed by the General Manager.

(3) All of the aforesaid land acquisitions, water plant and installations, facilities and equipment, shall be owned solely by the City and integrated as part of the water system of the City.

C. Refunds: When said special facilities water main extension is to be utilized to serve properties additional to that of the original applicant for whom installed, the Department shall collect a special facilities charge from the owner of said additional property to be served, as a condition precedent to acceptance of the application and furnishing water service from said water main extension, and the amount so collected by the Department shall be refunded to such original applicant. Collection of the special facilities charge for the purpose of making a refund to the original applicant shall be on a pro rata basis, which shall be the ratio that the frontage or area paralleling the water main for that lot or parcel of land bears to the total frontage of area of all lots or parcels of land paralleling the same water main extension as aforesaid between elevation eight hundred ninety feet (890') and one hundred feet (100') below the bottom of the reservoir(s). To ascertain frontage, when said water main extension is entirely in, on, or over a lot or parcel of land owned by an applicant for such water service, so that no other land ownership fronts on such water main extension, the frontage shall be double the length of said water main extension.

Refunds shall be made only if, as, and when special facilities charges are collected from other consumers requiring service from this water main extension within fifteen (15) years of date of payment, and not otherwise. Any charges collected subsequent to said fifteen (15) year period shall become the property of the Department.

D. Exception: The provisions of this section do not apply to any division of land processed pursuant to the provisions of Title 11, Chapter 1 of this code. [Formerly numbered Section 30-14; renumbered by Ord. No. 3058, eff. 2/21/87; 2913, 2274.]

8-2-113: CUSTOMER’S RESPONSIBILITY:

A. The customer shall, at their own risk and expense, furnish, install, and keep in good and safe condition all water pipes, machinery, and apparatus which may be required for receiving water from the City at the point of delivery and for applying and utilizing such water. The City shall not be responsible for any loss or damage occasioned or caused by negligence or want of care on the part of the customer in installing, maintaining, using, or operating such water pipes, apparatus, appliances, or fixtures.

B. No alteration, addition, or disconnection in or about any water pipes or apparatus of the City water system shall be made without written permission granted by the General Manager.

C. No customer shall make, or allow any other person to make, any connection to or extension of such customer’s piping for the purpose of supplying any other person with water service, except by the express written consent of the General Manager. The General Manager is hereby authorized to act for and on behalf of the City for the purpose of this section. In addition to prosecution for violation of this section, violators shall be subject to discontinuance of water service until such connection has been disconnected, and the fee designated in the Utility Rate Resolution for restoration of service has been paid.

D. No person other than a duly authorized employee of the City shall connect any customer’s water pipes and apparatus with the City’s mains. No person other than a duly authorized employee of the City shall open or turn on any City water valve regulating the flow of water from the City water mains to any customer’s premises after such valve shall have been turned off by the General Manager for nonpayment of charges for water or at the request of the present customer or a previous customer, or for any other reason.

E. No owner, lessee, tenant or other person in possession of or having charge and control of any premises connected to the City water system shall use or permit to be used any water from such system through the customer’s water pipes connected with such system, unless prior to such use, water service to such premises shall have been granted by the General Manager pursuant to application made by such person or the person under whom they hold such possession or charge and control, and such water service has not been discontinued in any manner set forth in subsection D of this section.

F. A special charge in an amount designated in the Utility Rate Resolution shall be assessed against any person or persons violating any provision of this section. This special charge shall cover the expense to the City of checking such water main or connection and turning it off again after it has been turned on in violation of subsection D or E of this section. This charge shall be in addition to any other remedy, civil or penal, which may be available to the City to enforce the provisions hereof, and all such remedies shall be cumulative at the election of the City.

G. Any repair to or replacement of City property necessitated by a violation of this section, and the installation of any device necessary to prevent further violations of this section, shall be made at the expense of the customer, at the rate designated in the Utility Rate Resolution. [Added by Ord. No. 2913; formerly numbered Section 30-15; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-114: RATE REVIEW POLICY:

A. Policy Statements: The utility must remain self-supporting from a financial standpoint and requires rates sufficient to maintain its financial health. Because costs can change suddenly and materially, a regular review and report on rates is necessary. A regular review will provide the City with the information needed to maintain adequate rates.

The approach to rate review shall be to compare biennially revenue required to the revenue produced by current rates. Results of this comparison will be provided by the General Manager to the Public Service Board and the Council along with recommendations as to the need for rate changes, if any. The Council will then direct the City Manager to prepare revised rates if it deems them to be necessary.

B. Revenue Requirements: The General Manager will prepare an analysis to determine the Water Division’s revenue requirements utilizing a generally accepted regulatory approach. The revenue requirements will be based on the prior year’s audited financial data as to expenses plus return on rate base. The revenue requirements will include changes to the various expense categories known or expected to occur after the prior fiscal year. The total revenue requirement will be used to compute any change needed for the utility as a whole.

C. Report: The report will discuss the significance of differences between revenue requirements and the revenue generated by current rates. The report will be presented in terms of the adequacy of current rates. The report will be prepared at least biennially, commencing March 1, 1985, or more often if directed to do so by Council. The due date of the prepared report may be extended by resolution of the Council, but such report must be prepared, in any event, no later than sixty (60) days after its original due date. [Added by Ord. No. 2913. Amended by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 2. ELECTRICAL RATES AND SERVICES

8-2-201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

BILLING DEMAND: The load or demand used for computing charges under rate schedules based on the size of the customer’s load or demand. For the purpose of this article, “billing demand” may be the connected load, the measured maximum demand or a modification of either as provided for in the Utility Rate Resolution.

CONNECTED LOAD: The sum of the rated capacities of all of the customer’s equipment that can be connected to the department’s lines at any one time as more completely described in the Utility Rate Resolution.

DEPARTMENT: The Burbank Water and Power Department.

DISABLED PERSON: An individual who has a permanent “physical disability”, as that term is used and defined in Section 12926 of the California Government Code; provided that it shall also include any person who requires the use of an essential life support device that operates on household current even if the person does not have a “physical disability” within the meaning of Section 12926 of the California Government Code.

GENERAL MANAGER: The General Manager of the department, or their designee.

PREMISES: All of the real property and apparatus employed in a single enterprise on an integral, undivided parcel of land, except that land occupied by an industrial, agricultural, public, or quasi-public institution, or by an oil field or resort enterprise may be divided by a dedicated street, highway, or other public thoroughfare, or a railway. Automobile parking lots constituting a part of and adjacent to a single enterprise may be separated by an alley from the remainder of the premises served provided the customer’s wiring across the alley is underground, and copies of all permits for the alley crossing, as required by public authorities, are filed with the department.

PRIMARY DISTRIBUTION SERVICE: Service supplied at one level of transformation below thirty four thousand five hundred (34,500) volts.

SECONDARY DISTRIBUTION SERVICE: Service supplied at two (2) or more levels of transformation below thirty four thousand five hundred (34,500) volts.

UTILITY RATE RESOLUTION: The Burbank Fee Resolution in those years when the City Council establishes the rates for electric service in the Burbank Fee Resolution. [Added by Ord. No. 2953. Amended by Ord. No. 3678, eff. 10/8/05; 3058.]

8-2-202: UTILITY RATE RESOLUTION:

All fees, penalties, refunds, reimbursements, and charges of any kind collected by the City pursuant to the provisions of this article shall be specified in the Utility Rate Resolution, as amended by the Council from time to time. Whenever applicable throughout this article, reference shall be made to the Utility Rate Resolution in lieu of any reference to specific fee amounts. [Added by Ord. No. 2953. Amended by Ord. No. 3058, eff. 2/21/87.]

8-2-203: RULES AND REGULATIONS:

The General Manager may prescribe, from time to time as they deem necessary or desirable, rules and regulations, not in conflict with this article, relating to conditions of service and application, administration, and interpretation of rates in the Utility Rate Resolution and the provisions set forth in this article. Upon any failure to comply with the rules and regulations of the General Manager, or to pay rates or to pay any fee, charge, or penalty prescribed by this article or as may be provided in the Utility Rate Resolution, electric service may be turned off until the rules and regulations have been complied with and all appropriate fees, charges, or penalties have been paid. [Added by Ord. No. 2953. Amended by Ord. No. 3058, eff. 2/21/87.]

8-2-204: SPECIAL CONDITIONS OF SERVICE:

The General Manager may establish and enforce reasonable charges for furnishing and supplying electrical energy and service to any installation of a character not adequately provided for in this article, provided that such charges shall not exceed the full cost as determined by the Department for providing such energy and service. [Added by Ord. No. 2953; formerly numbered Section 30-23; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-205: METERING:

A. For the purpose of computing charges, each meter upon the customer’s premises will be considered separately, and readings of two (2) or more meters will not be combined as equivalent to measurement through one meter except where:

(1) Combinations of meter readings are specifically provided for in the Utility Rate Resolution; or

(2) The maintenance of adequate service or where the department’s operating convenience shall require the installation of more than one meter upon the customer’s premises. [Added by Ord. No. 2953; formerly numbered Section 30-24; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-206: RATES AND BILLING FOR RESIDENTIAL SERVICE:

A. General: The rates to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for residential lighting and household purposes to consumers within the City and the terms and conditions respecting such rates shall be as set forth in the Utility Rate Resolution.

B. Lifeline Service: Any residential customer: 1) who resides in a household with a gross annual income less than the amount established by the Council in the Burbank Fee Resolution, and 2) who is: a) sixty two (62) years of age or older, b) a “disabled person” (as defined in Section 8-2-201 of this article), or c) the head of the household in which a disabled person resides, shall be eligible for the lifeline service rate set forth in the Utility Rate Resolution.

C. Adjustment of Household Income Levels:

(1) An annual adjustment of the income levels mentioned in subsection B of this section shall be made by replacing, if different, the income level figures appearing in the Burbank Fee Resolution with the most recent figures for “very low family income” households published by the U.S. Department of Housing and Urban Development (“HUD”) in its “Income Limits For Public Housing And Section 8 Programs” for the Los Angeles-Long Beach (Los Angeles County) area (hereinafter “HUD guidelines”). Should the title of the HUD guidelines change or vary from the foregoing, the document published by HUD most closely approximating the intent and purpose of the HUD guidelines shall be utilized.

(2) Nothing in this section shall prevent the Burbank City Council from setting income levels greater or less than indicated in the HUD guidelines.

D. Application: Application for lifeline service shall be filed with the General Manager on such forms as they may provide.

E. Time to File: Applications may be filed at any time.

F. Contents of Application: Applications shall be verified by declaration under penalty of perjury and shall contain such information as may be required by the General Manager. An application must be accompanied by the federal income tax return of the applicant and each adult household member for the most recent year. However, if no federal income tax return was filed in the previous year, the applicant shall provide such other documentation reasonably requested by the General Manager to verify the income of the applicant and each adult household member. An application by a disabled person or the head of a household in which a disabled person resides shall be accompanied by a signed statement from a physician or other medical service provider establishing that the disabled person has a qualifying physical disability or requires an essential life support device, as the case may be. An application will not be considered complete and will not be processed without a copy of the tax returns and/or other documentation required by this subsection.

G. Review and Certification: The General Manager shall review each application and shall certify the applicant as eligible for lifeline service if the requirements of subsection B of this section are met.

H. Duration of Eligibility: Eligibility certified by the General Manager shall continue so long as the facts or circumstances supporting it shall exist; provided, however, that eligibility shall automatically terminate with any change in the service address or residence of the eligible individual, or assignment of a different account number by the department because of discontinuance or suspension of service at the request of the service user, and provided further, that such individual may nevertheless apply for a new eligibility determination with each change of address or residence. The General Manager shall have the right to request a copy of the tax returns and other evidence of the income of the applicant and each adult household member at any time. Eligibility shall terminate if this information shows that the lifeline service recipient no longer qualifies for the lifeline service rate or if the lifeline service recipient refuses or fails to provide the General Manager with the requested documents or information.

I. Duty to Disclose Disqualification: Any service user who has been certified as eligible for the lifeline service rate under this section shall notify the General Manager within ten (10) days of any change in fact or circumstance which might disqualify said individual from receiving such exemption.

J. Penalty for Violation: It shall be a misdemeanor for any person to knowingly apply for or receive the lifeline service rate provided for in this section when their eligibility for the lifeline service rate does not exist or ceases to exist. [Added by Ord. No. 2953. Amended by Ord. No. 3678, eff. 10/8/05; 3058.]

8-2-207: RATES AND BILLING FOR COMMERCIAL SERVICE:

The rates to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for general (commercial) lighting and/or power purposes to consumers within the City, and the terms and conditions respecting such rates, shall be as set forth in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-26; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-208: RATES AND BILLING FOR INDUSTRIAL SERVICE:

The rates to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for combined (industrial) light and power purposes to customers within the City, and the terms and conditions respecting such rates, shall be as set forth in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-27; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-209: RATES AND BILLING FOR STREET LIGHTING, TRAFFIC SIGNAL AND FREEWAY LIGHTING SERVICE:

The rate to be charged and collected by the General Manager for furnishing and supplying electrical energy and service for ornamental or customer owned (capitalized) street lighting, department owned or overhead (expensed) street lighting, and traffic signal and freeway lighting purposes, to consumers within the City, and the terms and conditions respecting such rates, shall be as set forth in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-28; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-210: ENERGY COST ADJUSTMENT CHARGE:

[Repealed by Ord. No. 3528, eff. 10/12/99; Added by Ord. No. 2953; formerly numbered Section 30-29; amended by Ord. No. 3210; 3058.]

8-2-211: STATE ENERGY RESOURCES SURCHARGE:

The energy resources surcharge imposed by the State and required to be billed and collected from customers of the Department shall be separately stated and added to each billing, unless exempt. [Added by Ord. No. 2953; formerly numbered Section 30-30; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-212: CUSTOMER’S DEPOSIT:

A. Amount: The General Manager, pursuant to the provisions of Section 8-2-203 of this article, shall require any applicant for electric service to furnish a cash deposit in the probable amount of two (2) months’ charges for the electricity to be supplied by such service as estimated by the General Manager, or in such amounts as may be specified in the Utility Rate Resolution.

B. Deductions: If any bill for electricity sold, furnished or supplied to such customer shall not be paid on or before fifteen (15) days after the same is due as provided in this article, the amount of such bill may be deducted from the deposit made by such customer. Upon the discontinuation of any service, any balance of such deposit then remaining after all bills for electrical service have been paid, shall be returned to the person by whom such deposit was made. On the failure of any customer to comply with the terms of this article regarding the payment of bills and where the deposit has been refunded, the General Manager may require the customer to reestablish their credit in the manner specified in this section for original service.

C. Delinquency: Where service has been disconnected for nonpayment of bills, it shall not be reconnected or renewed for or furnished to the same customer except upon payment of the entire amount of the bill for electricity previously furnished to the installation. The account of any customer whose service is subject to disconnection for nonpayment of charges or other noncompliance with the provisions of this article or rules and regulations adopted pursuant thereto shall be charged an amount as specified in the Utility Rate Resolution to cover all costs necessary to disconnect the service. In the event the customer turns on the electric service or suffers or causes it to be turned on after it has been turned off for any reason, the General Manager may again turn off the electric service, remove the meter, and may charge an amount specified in the Utility Rate Resolution in addition to other amounts due from the customer before electric service is restored. [Added by Ord. No. 2953; formerly numbered Section 30-31; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-213: PAYMENT FOR SERVICE; ENFORCEMENT:

A. Time and Manner Of Paying Bills: Bills, except as may otherwise be provided for in the Utility Rate Resolution, are due and payable on presentation and become delinquent fifteen (15) days after presentation. After a bill is delinquent the General Manager may discontinue electric service and electric service may be turned off at any time without further notice.

B. Unpaid Bills: In the event any bill for electric service is not paid in accordance with the provisions of this article, the Utility Rate Resolution, or the rules and regulations of the General Manager, the amount of such unpaid bill may become a lien upon the property and be collected at the same time and in the same manner as all taxes on real property in the City.

C. Alterations: No alteration, addition, or disconnection in or about any electrical equipment or apparatus of the City electrical system shall be made without written permission granted by the General Manager.

D. Diversion: No owner, lessee, tenant, or other person in possession of or having charge and control of any premises connected to the City electrical system shall connect or maintain any electric consuming device to the line side of an electric meter installed on such premises; nor shall such person connect or maintain any connections or devices of any kind which would prevent the meter from registering the total amount of electricity consumed on the premises and supplied from the City’s electrical system. The existence of electric energy consuming devices installed ahead of the meter or any tampering or interfering with wires, devices, or equipment connected to the City’s electrical system or the damage to, alteration, or obstruction of any meter, including the breaking of meter seals, which will permit or make possible the use of electric energy without its proper registration on an electric meter shall constitute prima facie evidence of diversion of electric energy in violation of the provisions of this subsection by the customer in whose name service is being rendered or by the person benefitting from the use of such diverted energy. Prima facie evidence of diversion of electrical energy in violation of the provisions of this subsection shall also exist whenever a check meter registers more electrical energy in the same interval of time than does the meter installed at the customer’s premises.

E. Computation of Diverted Energy: Whenever the General Manager determines that energy has been diverted they will, in a reasonable manner, compute the amount of diverted electrical energy. The General Manager shall have the right to enter the customer’s premises and make an actual count of all electric energy consuming devices to aid in such computation. The computation shall be made for the period beginning with the date on which the customer began using electric energy at the location where diversion occurred, unless evidence proves the diversion commenced at a later date, and ending with the date on which such diversion ceased. Bills for electric energy diverted, plus the cost of investigating and confirming such diversion, shall be due and payable upon presentation.

F. Repairs and Replacements: Any repair to or replacement of City property necessitated by a violation of this article and the installation of any device necessary to prevent further violations of this article, shall be made at the expense of the customer, at the rate specified in the Utility Rate Resolutions.

G. Notice and Pretermination Hearing: Before electric service is turned off for failure to comply with the provisions of this article, the General Manager shall notify the customer that service is to be turned off. If the customer contests the violation, the General Manager shall give the customer a hearing on such notice as may be reasonable under the circumstances. The decision of the General Manager shall be final.

H. Enforcement: Enforcement of the provision of this article may be accomplished in any manner authorized by law. The procedures set forth in this section shall not be exclusive and shall not in any manner limit or restrict the City from enforcing other City ordinances or state laws. [Added by Ord. No. 2953; formerly numbered Section 30-32; renumbered by Ord. No. 3058, eff. 2/21/87.]

8-2-214: RATE REVIEW POLICY:

A. Policy Statements: The utility must remain self-supporting from a financial standpoint and requires rates sufficient to maintain its financial health. Because costs can change suddenly and materially, periodic review of rates and charges is necessary. A periodic review will provide the City with the information needed to maintain adequate rates and charges.

B. Rate Review: The General Manager, either on their own initiative or at the direction of Council, may prepare a report on the utility’s rates and charges. This shall include:

(1) An assessment of the utility’s revenue requirements utilizing a generally accepted regulatory approach.

(2) Recommended modifications to existing rates or charges.

(3) Any other matter concerning the utility the Director or the Council deem appropriate.

C. Rate Report: The General Manager will present the report to the Public Service Board and the Council. The Council may then direct the General Manager to prepare revised rates and charges for inclusion in the Utility Rate Resolution. [Added by Ord. No. 2953; formerly numbered Section 30-33; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 3. SUSTAINABLE WATER USE ORDINANCE

8-2-301: SHORT TITLE:

This article shall be known and may be cited as the “Sustainable Water Use Ordinance.” [Added by Ord. No. 3737, eff. 5/23/08; Amended by Ord. No. 3761, eff. 7/3/09.]

8-2-302: STATEMENT OF POLICY AND PURPOSE:

A. Policy. It is desirable and in the general welfare of the City that the water resources available to the City be put to maximum beneficial use to the extent possible and that waste, unreasonable use or unreasonable method of use be prevented, and that conservation of such water resources be exercised in a reasonable and beneficial manner for the residents and businesses of Burbank.

B. Purpose. Conditions may arise from time to time that will limit the water supply to the City. This article provides procedures to reduce water use citywide and thereby mitigate the effect of a shortage of water resources. Through the use of incremental stages, as appropriate for prevailing conditions, this article provides for increasing levels of water use restrictions and penalties in order to discourage wasteful water use practices and achieve reduced water consumption. [Added by Ord. No. 3737, eff. 5/23/08; Amended by Ord. No. 3761, eff. 7/3/09.]

8-2-303: APPLICATION:

A. The provisions of this article shall apply to all users of potable water service in the City, with the exceptions set forth in subsections (b) and (c) of this section.

B. This article shall not apply to uses of water necessary to protect public health and safety or for essential public services such as police, fire, or sanitation.

C. This article shall not apply to use of recycled water. [Added by Ord. No. 3737, eff. 5/23/08; Amended by Ord. No. 3761, eff. 7/3/09.]

8-2-304: SUSTAINABLE WATER USE STAGES:

The water use restrictions imposed by this article shall be implemented in six stages. Stage I, consisting of sustainable water use measures that will be in place at all times, shall take effect immediately on the effective date of the ordinance enacting this article. Stages II, III, IV, V and VI shall require subsequent action of the City Council pursuant to section 8-2-305. The six stages are as follows:

A. Stage I. In Stage I, water users shall follow these sustainable water use practices:

(1) Do not water outdoor landscaped areas more than fifteen (15) minutes per day per station and no more than three (3) days per week, year-round. Areas watered with low volume irrigation systems that require additional spray time are exempt from the 15-minute time restriction of this requirement, but must comply with the three (3) days per week watering limit. The three allowable irrigation days are Tuesdays, Thursdays and Saturdays. With the exception of attended hand-watering, irrigation will not be allowed any day outside of the requirement listed here. Attended hand-watering is allowed any day of the week. Do not water outdoor landscaped areas on rainy days and at least two days thereafter.

(2) Do not water outdoor landscaped areas between the hours of 9:00 a.m. to 6:00 p.m. or during daylight hours from November through March, except by use of attended hand-watering, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

(3) Adjust sprinklers and irrigation systems to eliminate overspray and avoid runoff into streets, sidewalks, parking lots, alleys or other paved surfaces.

(4) Do not hose or wash driveways, patios, sidewalks, or other hard or paved surfaces except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, or a low-volume, high-pressure cleaning machine equipped to recycle any water used.

(5) Promptly repair all leaks from plumbing fixtures and irrigation systems, including but not limited to sprinkler systems.

(6) When washing vehicles, use a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off device. This subsection does not apply to any commercial car washing facility.

(7) Do not serve drinking water, unless specifically requested by the customer, in all restaurants, hotels, cafes, cafeterias or other public places where food is sold, served, or offered for sale.

(8) Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

(9) Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water-conserving dish wash spray valves.

(10) Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.

(11) Installation of single-pass cooling systems is prohibited in buildings requesting new water service.

(12) Installation of non-recirculating water systems is prohibited in new commercial conveyor car wash systems and new commercial laundry systems.

(13) Effective January 1, 2010, all commercial conveyor car wash systems and commercial laundry systems must have installed operational recirculating water systems.

(14) Do not irrigate ornamental turf on public street medians.

B. Stage II. In Stage II, the conservation measures applicable in Stage I shall be augmented with the following additional mandatory measures:

(1) Do not water outdoor landscaped areas more than fifteen (15) minutes per day per station and no more than three (3) days per week during the months of April through October. Do not water outdoor landscaped areas more than fifteen (15) minutes per day per station and no more than one (1) day per week during the months of November through March. Regardless of month, areas watered with low volume irrigation systems that require additional spray time are exempt from the 15-minute time restriction of this requirement, but must comply with the number of days per week watering limit.

(2) During the months of April through October, the three allowable irrigation days are Tuesdays, Thursdays and Saturdays. During the months of November through March, the one allowable irrigation day is Saturday. Irrigation will not be allowed any day outside of the requirement listed here.

(3) The filling or refilling of an artificial or ornamental body of water that does not use recycled water is prohibited.

C. Stage III. In Stage III, all conservation measures applicable in Stage II shall apply, along with the following additional measures:

(1) During the months of April through October do not water outdoor landscaped areas more than fifteen (15) minutes per station and no more than two (2) days per week. Areas watered with low volume irrigation systems that require additional spray time are exempt from the 15-minute time restriction of this requirement, but must comply with the limit of two days per week watering requirement. The two allowable irrigation days are Tuesdays and Saturdays. Irrigation will not be allowed any day outside of Tuesday or Saturday.

(2) Do not use outdoor evaporative cooling devices (for example, misters).

(3) The prohibition on watering outdoor landscaped areas between the hours of 9:00 a.m. to 6:00 p.m. or during daylight hours from November through March, extends to include attended hand-watering.

(4) Cover all swimming pools, wading pools, or spas when not in use with acceptable protection designed to decrease water evaporation.

D. Stage IV. In Stage IV, all conservation measures applicable in Stage III shall apply, along with the following additional measures:

(1) Do not water outdoor landscaped areas more than fifteen (15) minutes per station and no more than one (1) day per week. Areas watered with low volume irrigation systems that require additional spray time are exempt from the 15-minute time restriction of this requirement, but must comply with the limit of one day per week watering requirement. The one allowable irrigation day is Saturday. Irrigation will not be allowed any day outside of Saturday.

E. Stage V. In Stage V, all conservation measures applicable in Stage IV shall apply, along with the following additional measures:

(1) Deep irrigation of trees and shrubs only, two (2) days per month, 20 minutes per watering station. The two allowable deep irrigation days are the first and third Saturdays of each calendar month. Irrigation will not be allowed any day outside of these two Saturdays.

(2) No new or upgraded potable water service will be permitted, excepting R-1 and R-2 zones, unless a building permit has already been issued.

F. Stage VI. In Stage VI, all conservation measures applicable in Stage V shall apply, along with the following additional measures:

(1) Do not water outdoor landscaped areas at any time. [Added by Ord. No. 3737, eff. 5/23/08; Amended by Ord. No. 16-3,880, eff. 8/12/16; 3761, 13-3,848.]

8-2-305: IMPLEMENTATION OF SUSTAINABLE WATER USE STAGES:

The sustainable water use practices provided for in section 8-2-304 shall be declared by resolution of the City Council. Before adopting any such resolution, the City Council shall hold a public hearing when required by Water Code section 350 or other applicable law. Any such resolution shall contain findings in support of the City Council’s decision to impose any sustainable water use practices, and such findings or other determinations as may be required to comply with the California Environmental Quality Act. [Added by Ord. No. 3737, eff. 5/23/08; Amended by Ord. No. 3761, eff. 7/3/09.]

8-2-306: ENFORCEMENT:

Any violation of this article shall be subject to enforcement by issuance of an administrative citation pursuant to section 1-1-108.1 of this Code. Prior to issuance of an administrative citation, the City shall give one courtesy notice requesting voluntary correction of the violation. The General Manager of Burbank Water and Power, or their designee, may enter into a written agreement with a customer to resolve any violation provided that such agreement is consistent with the purpose and intent of this article. [Added by Ord. No. 3737,eff. 5/23/08; amended by Ord. No. 3761, eff. 7/3/09.]

State law reference: As to Public Utility Commission regulation of water distributors to municipalities, see Pub.Util.C. §§ 2702, 2703. As to authority of a municipality to operate public utilities, see Pub.Util.C. § 10001 et seq. As to acquisition of water and facilities by municipalities, see Gov.C. § 13000 et seq. and Health & S.C. § 25249.5.

State law reference: As to fixing distribution rates of water, see Const. Art. XI, § 9.

CHAPTER 2UTILITIES

8-2-101: DEFINITIONS:

8-2-102: UTILITY RATE RESOLUTION2: