Chapter 4.40
RATES AND CHARGES
Sections:
4.40.010 Periodic fixed water service charges.
4.40.020 Water consumption rates and water supply shortage rates.
4.40.040 Other fees and charges for water service.
4.40.050 Meter assembly and installation fees.
4.40.060 Change of meter location.
4.40.070 Backflow prevention administrative fee.
4.40.080 Fees and charges for use of temporary meter.
4.40.090 Fees and charges for use of construction water meter.
4.40.100 Payment for recycled water.
4.40.110 Billing – Obligation to pay for water delivered.
4.40.120 Collection of water charges by use of tax roll.
4.40.130 Payment by other governmental district or agency.
4.40.140 Collection for water deliveries.
4.40.150 Nonpayment of water bills – Late charges.
4.40.160 Submetering for tenants.
4.40.170 Meter testing – Charges.
4.40.180 Fines for successive violations of water use restrictions.
4.40.010 Periodic fixed water service charges.
A. Except as provided otherwise in this section, periodic fixed water service charges shall be in the amounts established by separate ordinance or resolution of the Board, and shall be based on the size of the water meter.
B. Periodic fixed water service charges shall commence on the date the customer purchases capacity rights in accordance with Chapter 3.60 DSRSDC, Service Capacity Allocation, or on the date the District’s water distribution facilities are physically connected, through a water meter, to the property to be served, whichever is later, once an account is established under DSRSDC 4.40.040, Other fees and charges for water service. Periodic fixed water service charges shall continue to accrue throughout the entire period when water is immediately available irrespective of the quantity of water, if any, actually used.
Notwithstanding the foregoing, periodic fixed water service charges for water service furnished pursuant to DSRSDC 4.40.080, Fees and charges for use of temporary meter, or DSRSDC 4.40.090, Fees and charges for use of construction water meter, shall commence on the date the water meter is furnished to the customer; periodic fixed water service charges for water service furnished pursuant to DSRSDC 4.40.130, Payment by other governmental district or agency, shall accrue and be payable as agreed between the parties or as may be established by the Board of Directors from time to time.
C. Notwithstanding the foregoing, single-family dwellings that do not have separate fire service connections, but which are required, by the agency or department providing fire prevention and protective services, to install fire sprinkler systems that in turn necessitate the installation of a larger water meter (up to one inch in diameter) to provide sufficient flow to operate the sprinkler systems, shall pay the periodic fixed water service charges established for a 5/8-inch water meter.
D. Charges for service furnished during a portion of a billing period shall be prorated. The periodic fixed water service charges are payable in accordance with the District’s billing cycle established for the property. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 98, 1972; Ord. 118, 1975; Ord. 122, 1976; Ord. 123, 1976; Ord. 126, 1977; Ord. 148, 1979; Ord. 161, 1981; Ord. 194, 1984; Ord. 222, 1989; Ord. 226, 1989; Ord. 236, 1991; Ord. 243, 1991; Ord. 246, 1991; Ord. 256, 1993; Ord. 258, 1994; Ord. 263, 1995; Ord. 270, 1996; Ord. 273, 1997; Ord. 278, 1997; Ord. 305, 2004; Ord. 313, 2005; Ord. 327, 2010.]
4.40.020 Water consumption rates and water supply shortage rates.
A. In addition to the fixed service charge specified in DSRSDC 4.40.010, Periodic fixed water service charges, a water quantity use charge shall be in the amounts established by separate ordinance or resolution of the Board.
B. In addition to the water quantity use charge specified in subsection (A) of this section, the Board, by separate resolution adopted after the appropriate notice is duly given, may from time to time establish different or additional water quantity use charges or other form of charges for excess use for each stage of the water shortage condition, which charges shall be applicable for the duration of the stage, and shall go into effect on the date said stage is declared by the Board or on any subsequent date established by the Board. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 122, 1976; Ord. 126, 1977; Ord. 148, 1979; Ord. 161, 1981; Ord. 170, 1981; Ord. 194, 1984; Ord. 207, 1986; Ord. 230, 1989; Ord. 236, 1991; Ord. 246, 1991; Ord. 252, 1993; Ord. 256, 1993; Ord. 258, 1994; Ord. 263, 1995; Ord. 268, 1995; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010.]
4.40.030 Irrigation water.
Rates for irrigation water shall be as set forth pursuant to DSRSDC 4.40.010, Periodic fixed water service charges, and 4.40.020, Water consumption rates and water supply shortage rates. Irrigation water shall be separately metered, since consumption of irrigation water is excluded from computation of water use in assessing wastewater rates as provided in DSRSDC 5.30.050, Flow meter(s), deduct meter(s) and/or other measuring device(s). [Ord. 329, 2012. Prior legislation: Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.40.040 Other fees and charges for water service.
A. New Accounts. There shall be a charge, in an amount established by separate ordinance or resolution of the Board, based on the service classification, for establishing a new account, including transferring one account from one address to another, or reestablishing an account within a 12-month period for a customer who is current in all payments to the District. No charge is imposed for changing the name under which an account is billed when the same person remains responsible for payment.
B. Charges. Except where prohibited by law, charges for services rendered in connection with water service, including but not limited to the following categories of services, shall be established in the respective amount established by separate ordinance or resolution of the Board, based on the service classification:
1. Service termination.
2. Service reinstatement.
3. Charge for unpaid returned checks.
4. Trim charge.
5. Hand-delivered notifications.
6. Broken lock.
7. Meter removal.
8. Meter reinstall.
9. Curb stop repair.
C. Deposit.
1. The District may, based on a customer’s inability or unwillingness to satisfy the District as to his or her identity, require a deposit in accordance with the identity theft red flag rules under the Fair and Accurate Transactions Act of 2003.
2. The District may, based on questions about a customer’s creditworthiness, which may include but is not limited to a prior discontinuance of water service for failure to pay rates and charges, require a deposit in an amount equal to the average amount billed for two billing cycles based on the pertinent account type or user classification.
D. Recovery of Cost of Activities to Correct Violations or to Conserve Water.
1. During Stage 3 or 4 stage water shortage conditions or during a water emergency, there shall be a charge, in an amount determined by the General Manager, to recover from a specific water customer or user of the District water system or person found by General Manager to be in violation of the provisions of this Code, the actual costs of investigation of violations, labor, materials, and equipment used to correct violations of, or to implement or enforce, mandatory water conservation prohibitions or restrictions, including without limitation, costs for:
a. Installation of flow restricting devices;
b. Effecting lockout and reestablishment of service; and
c. Installation of submeters.
2. Prior to taking any of the actions authorized by this subsection (D), the water customer or user shall, except in the case of a water emergency, be given 24 hours’ advance written notice by the District of the schedule for and the nature of the action(s) that may be taken, and of the District’s authority to recover the actual cost of the action(s). [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 148, 1979; Ord. 212, 1987; Ord. 247, 1992; Ord. 273, 1997; Ord. 299, 2003; Ord. 305, 2004; Ord. 327, 2010.]
4.40.050 Meter assembly and installation fees.
The fee for meter assembly and installation shall be as established by separate ordinance or resolution of the Board, based on the size of service and water meter and installation labor cost. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 114, 1975; Ord. 118, 1975; Ord. 133, 1978; Ord. 156, 1980; Ord. 174, 1982; Ord. 198, 1985; Ord. 270, 1996; Ord. 273, 1997; Ord. 327, 2010.]
4.40.060 Change of meter location.
A water meter may be moved at the request of a customer from one location to another on the property upon payment of meter assembly fee and the cost of a new service installation, including the cost of materials and labor charge for reinstallation of the meter assembly in the new location. Such charges are as established by separate ordinance or resolution of the Board. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.40.070 Backflow prevention administrative fee.
A backflow prevention device maintenance administrative fee, for each such device, shall be established by separate ordinance or resolution of the Board, based on the type of device. [Ord. 330, 2012. Prior legislation: Ord. 69, 1969; Ord. 98, 1972; Ord. 118, 1975; Ord. 122, 1976; Ord. 123, 1976; Ord. 126, 1977; Ord. 148, 1979; Ord. 161, 1981; Ord. 194, 1984; Ord. 222, 1989; Ord. 226, 1989; Ord. 236, 1991; Ord. 243, 1991; Ord. 246, 1991; Ord. 256, 1993; Ord. 258, 1994; Ord. 263, 1995; Ord. 270, 1996; Ord. 273, 1997; Ord. 278, 1997; Ord. 305, 2004; Ord. 313, 2005; Ord. 327, 2010; Ord. 329, 2012.]
4.40.080 Fees and charges for use of temporary meter.
A. A temporary water meter is one which, although installed at a fixed location, is not intended for use for longer than one year. Under no circumstances shall a temporary water meter remain in place and in operation for a period longer than three years. For each such temporary service connection, the applicant shall pay a deposit, pursuant to subsection (C) of this section. There shall be an additional charge for breaking a seal on a water meter in the amount established by separate ordinance or resolution of the Board, based on the size of the water meter.
B. In addition to the other charges described in this section, the applicant shall pay the periodic fixed water service charges pursuant to DSRSDC 4.40.010, Periodic fixed water service charges, for the entire period when water is immediately available irrespective of the quantity of water used, if any, and shall pay the water quantity use charges pursuant to DSRSDC 4.40.020, Water consumption rates and water supply shortage rates, for all water furnished through each temporary water meter.
C. A deposit shall be paid at the time of application for a temporary water meter in an amount equal to the estimated cost of replacement of the meter assembly. Upon termination of service and return of the meter assembly to the District, the District shall refund the deposit, less the amounts as established by separate ordinance or resolution duly adopted from time to time by the Board, for installation and removal of the meter assembly, office expenses, actual costs for necessary repairs to, or replacement of, the meter assembly, and amounts due and owing for water service. The District shall then refund the deposit, less the amounts established by separate ordinance or resolution of the Board for services including but not limited to the following activities:
1. For installation and removal of the meter assembly;
2. Office expenses;
3. Actual costs for necessary repairs to, or replacement of, the meter assembly; and
4. Amounts due and owing for water service. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 114, 1975; Ord. 118, 1975; Ord. 148, 1979; Ord. 247, 1992; Ord. 273, 1997; Ord. 299, 2003; Ord. 305, 2004; Ord. 327, 2010.]
4.40.090 Fees and charges for use of construction water meter.
A. Residential. Construction water for use inside residential single-family subdivision housing units prior to occupancy is available upon payment of a flat rate fee in an amount established by separate ordinance or resolution of the Board.
B. Nonresidential. Construction water for all other uses shall be taken only through a District-supplied construction water meter. Such meter assemblies for connection to fire hydrants are available for use in accordance with the requirements set forth in subsections (B)(1) through (7) of this section and subject to fees, rates, and charges which shall be established by separate ordinance or resolution:
1. A deposit charge shall be collected, based on the size of the construction water meter, for providing a meter assembly for fire hydrant connection.
2. A periodic rental charge shall be collected for the use of the water meter for the period of time issued equal to the periodic service charge for a similar size water meter in accordance with DSRSDC 4.40.010, Periodic fixed water service charges.
3. A field tracing charge shall be collected each time a water meter user fails to present the water meter for reading, as required.
4. A penalty charge shall be collected for tampering with the meter assembly.
5. Except as noted above in subsection (A) of this section, Residential, the quantity charge for construction water meters is that established pursuant to DSRSDC 4.40.020, Water consumption rates and water supply shortage rates, for potable water (classified as irrigation service) or recycled water, whichever is delivered through the construction meter.
6. Initial charge for account setup shall be collected.
7. Upon return of the water meter, the deposit required in this section shall be refunded, less any unpaid charges under this subsection (B), and less the cost of necessary repair or replacement of the meter assembly.
C. In addition to the other charges described in this section, the applicant shall pay the water quantity use charges pursuant to DSRSDC 4.40.020, Water consumption rates and water supply shortage rates, for all water furnished through each temporary water meter. [Ord. 329, 2012. Prior legislation: Ord. 118, 1975; Ord. 122, 1976; Ord. 126, 1978; Ord. 148, 1979; Ord. 174, 1982; Ord. 194, 1984; Ord. 211, 1987; Ord. 226, 1989; Ord. 270, 1996; Ord. 273, 1997; Ord. 313, 2005; Ord. 327, 2010.]
4.40.100 Payment for recycled water.
Each customer to whom recycled water is delivered shall pay the periodic fixed water service charges referenced in DSRSDC 4.40.010, Periodic fixed water service charges, and pay a water quantity use charge referenced in DSRSDC 4.40.020, Water consumption rates and water supply shortage rates, in the respective amounts established by separate ordinance or resolution of the Board for recycled water.
Recycled water use inside and outside of buildings shall be separately metered. Separately metered recycled water used for irrigation shall be excluded from computation of water use in assessing sewerage rates as provided in Chapter 5.30 DSRSDC, Rates and Charges. [Ord. 329, 2012. Prior legislation: Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.40.110 Billing – Obligation to pay for water delivered.
The District shall bill customers for water delivered to them. It shall be the obligation of the customer to pay for all water delivered to any point of connection, or to the customer, in the case of delivery to customers who are water purveyors or truck haulers. The District shall bill the customer for all water so delivered, and the customer shall pay the District for all such water so delivered at the rate or rates established from time to time by separate ordinance or resolution of the Board. [Ord. 329, 2012. Prior legislation: Ord. 327, 2010.]
4.40.120 Collection of water charges by use of tax roll.
The District may elect to use the tax roll for the collection of water service charges and fees or charges for other services related to water service, whether delinquent or not, for collection with and at the same time and in the same manner as property taxes. When the District elects to have its water service charges (and fees or charges for other services related to water service) collected on the tax roll in the same manner as property taxes, the proceedings shall be those set forth in Section 5473 of the California Health and Safety Code or those set forth in Section 61115(b) of the California Government Code. [Ord. 329, 2012. Prior legislation: Ord. 158, 1980; Ord. 273, 1997; Ord. 327, 2010.]
4.40.130 Payment by other governmental district or agency.
The Board of Directors may establish a different water payment and billing plan for other governmental districts or agencies. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 273, 1997; Ord. 327, 2010.]
4.40.140 Collection for water deliveries.
A. Bills are due upon receipt and past due 30 days from the billing date.
B. For nonresidential customers, the District shall not be required to provide notice of delinquency but will provide notice in the manner required by law prior to termination of service for nonpayment.
C. For residential customers, the District shall provide notice of the delinquency and impending termination in the manner required by law prior to termination of service for nonpayment.
D. Once notice is duly given, discontinuance of service is governed by DSRSDC 1.50.030, Discontinuance of services. [Ord. 329, 2012. Prior legislation: Ord. 327, 2010.]
4.40.150 Nonpayment of water bills – Late charges.
Late charges are governed by DSRSDC 1.50.010, Assessment of late charges. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 158, 1980; Ord. 205, 1986; Ord. 212, 1987; Ord. 269, 1996; Ord. 273, 1997; Ord. 327, 2010.]
4.40.160 Submetering for tenants.
Customers receiving water from the District shall be permitted to monitor the water usage of their commercial or residential tenants. Customers may pass on to their tenants the actual cost of water used by said tenants but in no event may charge their tenants an amount in excess of the actual water cost. However, customers shall be permitted to assess their tenants a nominal charge to cover the cost to administer the allocation of the costs of the water used by the tenants. The District may, but is not obligated to, investigate any charges alleged to be in excess of the actual water cost. [Ord. 329, 2012. Prior legislation: Ord. 327, 2010.]
4.40.170 Meter testing – Charges.
A. Over-Registering Meter. If on such examination and test pursuant to DSRSDC 4.10.040(D)(1), Testing Initiated by Customer, or (D)(2), Testing Initiated by District, the water meter shall be found to over-register water by three percent or more, an adjustment of the customer’s water bill may be made by the District, and the water meter shall be replaced. No adjustment shall be made for any billing period more than six months preceding the date of the water meter test except in the discretion of the General Manager upon a showing of due diligence.
B. Meter Accurate to Within Three Percent. If the water meter is tested in response to a request from a customer pursuant to DSRSDC 4.10.040(D)(1), Testing Initiated by Customer, and is not found to over-register water by three percent or more, the customer shall pay the full cost of the procedures as established by the District, and the customer’s water bill shall not be adjusted by the District. If the water meter is tested other than in response to a request from a customer pursuant to DSRSDC 4.10.040(D)(1), Testing Initiated by Customer, and is not found to under-register water by three percent or more, the District shall bear the full cost of the procedures, and the customer’s water bill shall not be adjusted by the District.
C. Under-Registering Meter. If on such examination and test the water meter shall be found to under-register water by three percent or more, an adjustment of the customer’s water bill shall be made by the District, and the water meter shall be replaced. No adjustment shall be made for any billing period more than six months preceding the date of the water meter test except in the discretion of the District upon a showing of due diligence. [Ord. 329, 2012. Prior legislation: Ord. 69, 1969; Ord. 118, 1975; Ord. 148, 1979; Ord. 247, 1992; Ord. 273, 1997; Ord. 327, 2010.]
4.40.180 Fines for successive violations of water use restrictions.
The Board, by separate resolution adopted after the appropriate notice is given, may from time to time establish a progressive schedule of fines to be levied against District water customers and users for successive violations of water use restrictions established in Stage 3 and Stage 4 as defined in DSRSDC 4.10.010, Definitions. Written notice of any fine that is to be levied by the District on a specific District water customer or user shall be given at the time the violation is identified by District. The fine shall be assessed within 10 days of violation. If the fine is not paid within 30 days of assessment, the fine shall be added on the customer’s next regular water bill. [Ord. 329, 2012.]