Chapter 13.04 WATER SYSTEM

Applications for water shall be made at Cloverdale City Hall and any person, firm, corporation, association or business who applies for water shall be governed by the rules and regulations, rates, penalties and charges as fixed by ordinances and resolutions adopted from time to time by the city council. (Ord. 477-93 (part), 1994)

13.04.030 Application for service—Service connection.

If application is made for service to property where no service connection has been installed, but a distribution main is adjacent to the property, the applicant, in addition to making application for service shall comply with the regulations governing the installation of service connections. Where an extension of the distribution main is necessary or an investment by the city will be required to furnish service, the applicant will be informed in writing by the city of the conditions under which distribution facilities can be extended, and the cost thereof, which the applicant must personally advance and pay. (Ord. 477-93 (part), 1994)

13.04.040 Water fund created.

All moneys received under this chapter shall be placed in the water fund which is created by this section and shall be expended for the acquisition, construction, reconstruction, maintenance and operation of the municipal water system and/or to repay principal and/or interest on bonds issued for the construction or reconstruction of such municipal water system. (Ord. 477-93 (part), 1994)

13.04.060 Utility/service deposits required.

All persons, corporations, firms, associations and businesses who apply for the purchase of municipal water and/or sewer service from the city, whether a feeholder or tenant, must post a monetary deposit as security for the payment of all utility charges as shall be determined from time to time by resolution adopted by the city council. This deposit requirement may be waived if the service requestee maintains a current utility account at a separate location and has maintained a satisfactory account history at said separate location. All deposits posted under this section shall be accounted for in a separate trust fund account within the city’s governmental accounting system. All sums collected and disbursed from this trust fund will be for the security or payment of utility related charges. (Ord. 477-93 (part), 1994)

13.04.065 Refund or disposition of deposits.

The deposit, less the amount of unpaid utility bills and charges, will be refunded, without interest, following discontinuance of services. After the deposit has been held for twelve consecutive months (six months for existing customers signing up for the direct debit program), provided service has been continuous and all bills for such service have been paid promptly, the deposit will be credited to the utility account upon customer request. No refunds will be made on the charges for service connections. (Ord. 638-2006 (part), 2006: Ord. 477-93 (part), 1994)

13.04.070 Charges—Authorized.

A. In addition to other charges, a connection charge may be established by resolution of the city council and shall be paid by the applicant for water service before the service is installed. The city council may, by resolution, establish other proper charges for water service, connections, use charges, disconnections, reconnections, installations and other water services.

B. The city council delegates authority to the director of finance to establish payment plans for a year or less for customers with hardship cases, to waive penalty fees in extenuating circumstances, to extend payment deadlines in certain cases, and to otherwise act in the best interests of the city in administering the utility billing system in accordance with applicable law. All customer requests shall be in writing and actions taken shall be noted on each customer’s request, initialed by the finance director, and shall be retained consistent with the city’s record retention policy. (Ord. 638-2006 (part), 2006: Ord. 477-93 (part), 1994)

13.04.080 Charges—Meter and lateral installation.

Charges for the installation of meters and laterals shall be as provided by the resolution adopted by the city council. Deposits may be required and they shall be deposited with the city before the installation is made. (Ord. 477-93 (part), 1994)

13.04.090 Charges—Utility mains.

Where a new water main must be run to serve a property owner of an area within the city limits of the city the cost will be prorated between all persons who are requesting the service. The city council may perform such work under an assessment district proceeding. The city council may require the property owners to provide the installation. In the event the property owners provide the installation, they shall be entitled to a refunding agreement provided they comply with all of the terms and conditions of Section 13.04.260(B) of this chapter. (Ord. 477-93 (part), 1994)

13.04.100 Charges—Water.

Water charges shall be established by resolution duly adopted by the city council at a regular meeting. Resolutions establishing such charges must have the affirmative vote of a majority of the members of the council. (Ord. 477-93 (part), 1994)

13.04.110 Charges—Outside service.

For the sale of water through existing master meters or individual meters, to users of water outside the city, the rate shall be established by resolution duly adopted by the city council of the city at a regular meeting of the city council, but in no event shall the rate be less than one hundred twenty-five percent the rate provided in Section 13.04.100 of this chapter. One monthly overall charge shall be generated to water users taking water through a master meter. The owner of the property or such person as designated by all of the users shall be billed. In the event the total bill is not paid, the city shall have the right to shut off and discontinue furnishing water to such users through the master meter in accordance with other sections of this chapter. Failure to pay charges for water furnished to combined units supplied through a single service connection shall constitute a lien against the subject real property after due notice has been given to the owner of the real property. (Ord. 477-93 (part), 1994)

13.04.130 Bills—Meter readings.

A. Meters will be read at regular intervals for the preparation of regular bills, and as required for the preparation of closing bills and special bills.

B. Water rates will be subject to annual review and revision by the city council during the normal budget process. Included within the revision shall be the imposition of an adjustment to the rates based on the consumer price index at the time the budget is considered.

C. Bills for water service will be rendered monthly, or on such other schedule as the city council may approve.

D. For each user on the system whether metered separately or under a master meter shall generate an individual user charge as set forth by resolution of the city council. (Ord. 477-93 (part), 1994)

13.04.140 Meters billed separately—Exception.

Each meter on customer’s premises will be billed separately, and the readings of two or more meters will not be combined. (Ord. 477-93 (part), 1994)

13.04.150 Payment of bills.

A. Bills are due and payable on presentation and become delinquent twenty-five days after mailing. Payment shall be made at the business office in the City Hall either by mail or in person. Delinquent notices shall be mailed when an account becomes delinquent to advise the customers of an unpaid balance, and also to advise that penalty of ten percent has been added.

B. Closing bills are due and payable on presentations. Collections may be made at the time of presentation. (Ord. 602-2002, 2002: Ord. 477-93 (part), 1994)

13.04.160 Discontinuance of service—Nonpayment of bills.

A. A customer’s water service will be subject to disconnection if the account is delinquent in excess of fifteen days.

B. Fifteen days prior to disconnection for nonpayment, a notice will be mailed to the customer by postage prepaid first class. At least forty-eight hours prior to termination of service for nonpayment, the city shall make a reasonable attempt to contact an adult person at the premises of the customer by telephone or personal contact. If telephone or personal contact cannot be made, the city shall give a notice of termination by posting the notice in a conspicuous place on the premises. Service may not be terminated on a Saturday, Sunday, or legal holiday.

Disconnection for nonpayment will not be made if the owner or occupant of the property has a bona fide dispute as to the correctness or legality of the bill, and presents the same to the city within the noticed period, pending resolution of the dispute.

C. When water service is discontinued, the city shall demand the full amount of both delinquent and current bills be paid in full along with the public works service fee, and the same shall be paid in full before service is restored.

D. A customer’s water service may be discontinued if charges for service furnished at a previous location to such customer are not paid the amount of the unpaid bill shall be automatically transferred and become a part of the billing for service at the customer’s current location.

E. If a customer receives water service at more than one location and the bill or charges for service at any one location becomes delinquent, water service at all locations may be turned off. Domestic service, however, will not be turned off for nonpayment of bills for other classes of water service.

F. Failure to pay charges for water furnished to properties either owned by or rented or leased to the customer of record shall constitute a lien against the subject real property after due notice has been given to the owner of the real property. (Ord. 638-2006 (part), 2006; Ord. 477-93 (part), 1994)

13.04.170 Reestablishment of credit.

To reestablish credit after the issuance of a final notice to pay, a customer will be required to pay all back bills due. The customer will also be required to pay public works service fees and satisfy additional deposit requirements as shall be determined by resolution adopted by the city council. (Ord. 638-2006 (part), 2006: Ord. 477-93 (part), 1994)

13.04.175 Unpaid accounts.

Deposits prescribed in this chapter will be applied to unpaid bills for utility service when such service has been discontinued. The city may require the customer to redeposit the amount specified in this chapter before rendering water service again to the customer’s new address of service. (Ord. 477-93 (part), 1994)

13.04.180 Water used to extinguish fires.

No charges will be made for water used to extinguish accidental fires. (Ord. 477-93 (part), 1994)

13.04.190 Installation of service connection.

Water service connections will be installed in the size and at the location where distribution lines exist and where such requests are approved by the director of public works or his designee, and in accordance with the existing regulations and ordinances of the city. Service connections will be made only to property abutting on public streets or public alleys or public rights-of-way or approved public easements. (Ord. 477-93 (part), 1994)

13.04.200 Multiple units.

Separate premises under single control or management will be supplied through individual service connections unless the city elects otherwise. For all existing multiple unit locations served through a master meter which undergo a substantial renovation may be required to convert the premises to an individual metered status. (Ord. 477-93 (part), 1994)

13.04.210 Ownership of service equipment.

A. The service connection to and including all meters and fittings, whether located on public or private property, is the property of the city and no part of the cost thereof will be refunded to the applicant. The city reserves the right to repair, replace and maintain such service connections, as well as to remove them upon discontinuance of service.

B. The city owns all distribution pipelines located in streets, highways, public ways, alleys or public rights-of-way which are used to serve the general public, as well as any main lines connected to its water system that may be on private property, and the owner of the lands upon which future pipelines are to be located shall, as a prerequisite to service, grant easements to the city on any but a dedicated street or right-of-way. The city assumes no obligation for maintenance, service or installation of service lines between the meter and the premises being served. (Ord. 477-93 (part), 1994)

13.04.220 Meter installation and use.

Meters will be installed by the city at the curb or at the property line, or when approved, in other suitable locations, when required. No rents, or other charge, will be paid by the city for a location for a meter or other facilities, including housing and connections located on a customer’s premises. All meters may be sealed by the city at the time of installation, and no seal shall be altered or broken except by an authorized city employee. Meters or services moved for the convenience of the customer will be relocated at the customer’s expense. Meters or services moved to protect the city’s property will be moved at the city’s expense. The cost of a change in the size of a meter on an existing service will be paid for by the customer. (Ord. 477-93 (part), 1994)

13.04.230 Special services and testing—Meter error—Test.

A. Prior to installation, each meter is tested and no meter found to register more than two percent fast or ten percent slow, under conditions of normal operation, will be placed in service.

B. The customer may request the city to test the meter serving the premises. The test will be performed within two weeks of the receipt of the request.

C. The city may require the customer to deposit an amount to defray the cost of the test.

D. This deposit will be returned if the meter is found to register more than two percent fast under conditions of normal operation. It will be retained by the city to cover cost incurred if the meter is not more than two percent fast.

E. A customer or his representative shall have the right to be present when the test is conducted.

F. Upon completion of the test the customer will be notified of the results. (Ord. 477-93 (part), 1994)

13.04.240 Meter error—Bill adjustment.

A. Fast Meters. When, upon test, a meter is found to be registering more than two percent fast, under conditions of normal operation, the city will refund to the customer the full amount of the overcharge based on corrected meter readings for a period not exceeding the preceding six months that the meter was in use.

B. Slow Meters. When, upon test, a meter is found to be registering more than twenty percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for a period not exceeding the preceding six months that the meter was in use. (Ord. 477-93 (part), 1994)

13.04.250 Nonregistering meters.

The city may bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the preceding year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions. (Ord. 477-93 (part), 1994)

13.04.260 Service to users outside city limits.

A. Service furnished outside the city limits shall be classed as users of surplus water and should the city at any time run short of water, the area outside the city limits will have the water discontinued or curtailed as is necessary in order to supply the residents within the city limits.

B. Service shall not be furnished to a new water user located outside the city limits unless application for service was accompanied with an application for annexation. Any connection to the system shall comply with the following requirements which may be modified, amended or delayed by the city council by resolution:

1. Users shall connect to the city water system at such place as shall be designated by the director of public works or his designee.

2. Pipes, connections and installations of the lines shall be at the sole cost and expense of the user and shall be installed in accordance with standards and specifications of the city. Upon completion of said installation to the satisfaction of the city, all such lines, connections and installations shall belong to the city.

3. In addition to the other charges set forth in this chapter or any amendments thereto, the user shall pay an additional use charge to the city, such amount to be determined by resolution of the city council based upon the recommendations of the director of public works or his designee. Such use charge shall reflect the benefits of the overall existing water plant and facilities of the city and any other special benefits to the user’s property. This use charge shall apply to any areas outside the city or any areas which are annexed to the city after the effective date of the ordinance codified in this chapter. (Ord. 477-93 (part), 1994)

13.04.270 Temporary fire hydrant meter service and deposit.

If temporary service is supplied by the city through a fire hydrant, a permit for the use thereof, along with the necessary deposit, shall first be obtained from the city water department. All connections made to hydrant meter shall have backflow protection with certified devices. All backflow devices shall be inspected by water department personnel prior to any connection to the hydrant meter. Permittee shall be solely responsible for any damage which occurs to the hydrant meter, hydrant, or any other city or private property. The city reserves the right to limit the total daily volume of use and to designate the appropriate hydrant location. The city further reserves the right to refuse hydrant service due to noncompliance with backflow requirements or unavailability of appropriate hydrant location.

A deposit for hydrant meter service shall be in an amount sufficient to cover damage to the hydrant, hydrant meter or any other city or private property. Three consecutive months of non-use shall result in the city removing the meter and refunding to permittee any unused deposit remaining after deducting attributable outstanding charges including use or damage. (Ord. 477-93 (part), 1994)

13.04.280 Pools and tanks.

When an abnormally large quantity of water is desired for filling a swimming pool or for other such purposes, application must be made to the city prior to taking water for such purposes. (Ord. 477-93 (part), 1994)

13.04.290 Refusal and discontinuance of service.

The city may refuse to furnish water and discontinue service to any place or premises where the demand is greatly in excess of past average or seasonal use, and where such demands by one customer are or may be detrimental or injurious to the service furnished to other customers. (Ord. 477-93 (part), 1994)

13.04.300 Service interruptions—Availability of supply.

The city assumes and shall be free of responsibility for loss or damage because of lack of water or water pressure, and will furnish only such quantities of water and pressures as may be available in its general distribution system. The service may be subject to shut-down as well as variations in pressure and quantities of water. (Ord. 477-93 (part), 1994)

13.04.310 Service interruptions—Nonliability.

The city will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, caused by accidents or acts of God, fire, strikes, riots, war or any other cause. The city, whenever it shall find it necessary or convenient for the purpose of making repairs or improvements to its system, shall have the right to temporarily suspend delivery of water and it shall not be liable for any loss or damage occasioned thereby. Repairs or improvements will be processed as rapidly as is practical and so far as possible, at such times which will cause the least inconvenience to the customer. (Ord. 477-93 (part), 1994)

13.04.320 Not responsible for damage from open fixtures.

The city shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment or plumbing fixtures that are open when water is turned on at the meter, either when water is turned on originally, or when turned on after a temporary shutdown. (Ord. 477-93 (part), 1994)

13.04.330 Maintenance.

The service connection, including the meter and the meter box and all distribution lines, will be repaired and maintained by the city at its own expense. The city, however, shall not be responsible for the installation and maintenance of water lines beyond the end of its service connection. (Ord. 477-93 (part), 1994)

13.04.340 Responsibility for damage to facilities.

The customer shall use all reasonable care to prevent damage to the meter or any other facilities furnished by the city which are used in furnishing the service from the time the meters are installed until they are removed. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer or property owner additionally, should the damage be caused or sustained by an act directly in violation of this chapter, a charge of one hundred dollars for each offense shall be levied against the customer or property owner. (Ord. 477-93 (part), 1994)

13.04.350 Unsafe or prohibited apparatus.

The city may refuse to furnish water and may discontinue service to any place or premises on the water system where apparatus, appliance or equipment using water furnished by the city is dangerous, unsafe or not in conformity with laws or ordinances of the city. The city assumes no liability for inspecting apparatus on the consumer’s property. The city reserves the right of inspection, however, if there is reason to believe that unsafe apparatus, or any appliances prohibited by law are in use. Water service may be discontinued should this right of inspection be denied or hindered by a tenant, consumer or the owner of the property in question, or by others who are in control of the property in question. (Ord. 477-93 (part), 1994)

13.04.360 Service discontinuance for noncompliance.

The city may, unless otherwise provided, discontinue water service to a customer for noncompliance with any of the regulations outlined in this chapter, if the customer fails to comply with such regulations within five days after receiving written notice of the city’s intention to discontinue service. When noncompliance affects matters of health, or affects the operation, maintenance or costs of operation and maintenance of the city sewage system or the city sewage treatment plant, the city may discontinue water service immediately, and without notice to the consumer. (Ord. 477-93 (part), 1994)

13.04.370 Unlawful excavation.

It is unlawful for any person, firm or corporation to make or cause to be made any connection with or to the city water system, unless authorized by the city. (Ord. 477-93 (part), 1994).

13.04.380 Tampering with fire hydrants.

Tampering with any fire hydrant or the unauthorized use or removal of water therefrom, for any purpose, is deemed in violation of this chapter, and shall be subject to a flat rate water use charge of one hundred dollars for each offense. (Ord. 477-93 (part), 1994)

13.04.390 Customer use of curb stop.

The operation by the customer of the curb stop in the meter box is prohibited. The customer shall comply with the uniform plumbing code and all other regulations and ordinances of the city applicable to the installation of water lines from the meter to the premises using water. Should a curb stop be damaged, the cost of making repairs shall be paid by the customer or property owner. Additionally should the damage be caused or sustained by an act in violation of this chapter, a charge of one hundred dollars for each offense shall be levied against the customer or property owner. (Ord. 477-93 (part), 1994)

13.04.400 Ground wire connection.

No ground wires from any electrical system will be connected to any water pipe or water main belonging to the city. The city will hold the customer liable for any damage to its property occasioned by such ground wire attachments. (Ord. 477-93 (part), 1994)

13.04.410 Defective apparatus.

The service of water to any premises may be immediately discontinued by the city if any defect is found in the check valve installations, or other protective devices, or if it is found that dangerous unprotected cross-connections exist. Service shall not be restored until such defects are corrected. (Ord. 477-93 (part), 1994)

13.04.420 Health regulations and cross-connections.

The regulations of the California State Department of Public Health and the drinking water standards of the United States Public Health Service prohibit unprotected cross-connections between the public water supply and any unapproved source of water. No cross-connections shall be made without first obtaining the written approval of the city. To comply with the regulations of health agencies, the city will require the installation of approved testable check valves or other approved backflow prevention devices by and at the expense of the customer before service will be granted per Chapter 13.08 of this code. (Ord. 477-93 (part), 1994)

13.04.430 Pressure relief valve.

As a protection of the customer’s plumbing system, a suitable pressure relief valve must be installed and maintained, at their expense, when check valves or other protective devices are used or when located in Pressure Zone 2. (Ord. 477-93 (part), 1994)

13.04.470 Service discontinuance at customer request.

A customer may have his water service discontinued by giving the city notice at least forty-eight hours in advance of the desired date of discontinuance. The customer will be required to pay all water charges until the date of disconnection. (Ord. 477-93 (part), 1994)

13.04.500 Prior regulations to remain in force.

All resolutions adopted pursuant to the ordinance codified in this chapter or ordinances amendatory hereof in effect upon the effective date of the ordinance codified in this chapter shall remain in full force and effect unless and until amended by subsequent resolutions of the city council. (Ord. 477-93 (part), 1994)

13.04.510 Violation—Penalty.

Any person, firm, corporation or association preventing or interfering with any employee of the city in the lawful discharge of his duties imposed by this chapter, or tampering with, injuring or destroying the lines, valves, fire hydrants, machinery, meters, meter boxes, property or equipment of the city, or taking any water from the water system without first complying with all the foregoing regulations governing the manner in which water may be obtained, or in any way violating the ordinance codified in this chapter, subject to the imposition of a charge of not more than five hundred dollars plus any costs required for any damage to city property. (Ord. 477-93 (part), 1994)