CHAPTER 22
WATER

22.1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

Applicant. The property owner or his, her, or its authorized agent applying for water service, water service connection, or water main extension.

City. The City of Fairfield, a municipal corporation, and its duly authorized representatives.

Commercial office. The business office of the department of finance, located in the city hall.

Construction water permit. Permit required of anyone using water for construction purposes prior to installation of permanent meter.

Consumer. A person or entity receiving water service or other services from the water system.

Costs. Actual cost of materials and labor, plus a percentage factor for equipment rental and overhead.

Customer. A person or entity of record receiving water service or other services from the water system.

Demand. The rate of draft of water for specified time; the total quantity of water delivered or received for a specified time.

Fairfield municipal utilities. The water system.

Chief of police. The chief officer of the police department. (Ord. 93-9, § 17.)

Fire chief. The chief officer of the fire department. (Ord. 93-9, § 17.)

Main extension. Extension of distribution pipe lines, exclusive of service connections, beyond existing facilities.

Mains. The transmission or distribution pipe lines of the water system.

Premises. That separate identifiable and transferable lot or parcel of real property, including the improvements thereon except that portion thereof having well defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, for the purpose of this chapter shall be considered separate premises.

Regulations. Resolutions adopted by the city council which, in addition to the provisions of this chapter, govern the operation of the water system.

Services. The delivering or receiving of water; a water service connection; and act of duty performed by the water system.

Superintendent. The city water superintendent charged with the responsibility of administering, directing and representing the water system.

Water service. The delivery or receipt of water; a water service connection.

Water service connection. The connection including service pipes, meters and appurtenances through which water delivery is made.

Water system. The water division of the public works department of the city and the entire physical plant thereof.

22.2 Purpose of chapter; rates and charges adopted as condition to obtaining water.

(a) Rules as set forth herein are adopted to govern the general operation of the Fairfield municipal utilities to provide an efficient and economical water supply.

(b) The city council has the power to adopt by resolution those regulations which will further the purpose of this chapter, and which do not conflict with the provisions herein.

(c) Rates, fees and charges as set forth herein or in the regulations are adopted as conditions to obtaining water and other services from Fairfield municipal utilities.

22.3 Right of entry to customer’s premises.

The water system or its duly authorized agents shall at all reasonable times have the right to enter or leave customer’s premises for any purpose properly connected with service to the customer.

22.4 Notice required for removal or displacement of water facilities for construction or street work.

All persons engaged in construction or street work shall give at least ten days’ written notice to the water system for removal or displacement of water system facilities that may interfere or conflict with street work, and any damage resulting to such facilities from such failure to give notice shall be charged against the person engaged in such work. All costs involved in the removal or displacing of water facilities shall be paid by the person engaged in such work, except where provisions of city permits or contracts state otherwise.

22.5 Liability of water system for damages.

The water system shall not be liable for damages resulting from:

(a) Any interruption of service or damage caused by spigots, valves or other equipment or fixtures that are open when water is turned on, whether when water is turned on originally or when turned on after a temporary shutoff.

(b) Any increase or decrease in delivery pressure.

22.6 Conditions of service.

Every person taking water shall be considered as having expressed his consent to be bound by this chapter and the regulations adopted pursuant to section 22.2 of this chapter, and whenever any one of the rules or regulations is violated, the right is reserved to discontinue water service system shall discontinue water service if the customer fails to comply within five days after the date of written notice of violation. If such noncompliance affects matters of health or safety, or affects the operation, maintenance or other costs of the water system, water service may be discontinued immediately and without notice.

The person whose water is thus discontinued shall forfeit all deposits made, and the water shall not be turned on again until all unpaid fees and charges are paid, and other requirements of this chapter or the regulations are fulfilled.

22.7 Permission for selling water.

It shall be unlawful for any person or entity other than Fairfield Municipal Utilities to sell water within the corporate limits of the city without having first received permission to do so from the city council.

22.7A Water theft.

The taking of water from an unmetered connection in the city water system except as authorized by this chapter shall be unlawful. (Ord. No. 91-8, § 4.)

22.8 Disclosure of water customer records.

It is recognized that to information concerning the conduct of the people’s business is a fundamental and necessary right but that access may be withheld where the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. It is hereby found that no public interest is served by the release of names and addresses of and other information relating to water customers where the purpose of such release is to further the private or pecuniary interests of the person or organization requesting release and that the true names and addresses of, and other information relating to water customers does not concern the conduct of the people’s business. Based upon these findings, the names and addresses of and other information relating to water customers which is received by the water department in the regular course of furnishing water shall not be released to non-governmental persons or entities, except in the event that the person requesting release is able to demonstrate in writing and to the satisfaction of the water superintendent that such release relates to studies or investigations concerning the proper conduct of the business of the water department. In such event, the requested information will be furnished upon payment of an amount equal to the actual cost of providing the copy.

Article II. Water Services.

22.9 Using water without making prior application.

A person taking possession of premises and using water without having made application for water service shall be held liable for all water used from the date of the last recorded meter reading. If application for service is not made within seven calendar days after notification to do so or if accumulated water bills are not paid upon presentation, the water service shall be discontinued without further notice.

22.10 Liability for service.

Upon commencement of water service, the applicant shall be liable for all water delivered through that particular service and all other charges applicable to such service. When two or more persons jointly make application for service, they shall receive a single periodic bill, but shall be jointly and individually liable for payment of all charges incurred.

22.11 Former customer owing bills.

When the applicant for water service is a former customer who has failed to pay all bills for previous water service or charges for any other service received from the water system, the superintendent shall refuse water service to the applicant until all outstanding bills or charges are paid and shall also require a cash deposit as a guarantee for the payment of future bills.

22.12 Changes in customer’s facilities.

Customers making any change in the size, character or extent of their facilities utilizing the water service which will require increasing the size of the existing service or result in a large or unusual increase in water usage shall immediately notify the water superintendent in writing.

Article III. Water Connections - Generally.

22.13 Title to connections; transfer of service; refunds.

Title to all meters, service pipes and appurtenances used in providing a water service connection shall remain with the water system and the charges set forth in this chapter are for connections and do not convey any right of title.

The water service connection is for a water supply to the premises stipulated on the application and is not transferable to any other properties or premises.

If the water service is discontinued or abandoned, no right or refund of connection charges or credit in any manner accrues to the applicant, customer or successor.

22.14 Service connections requiring main extension.

In no event shall a water service connection be installed unless a water main of adequate capacity and delivery pressure extends in a public street or right-of-way across the entire frontage of property to be served. Wherever as a condition of service a water main must be extended, the same shall be installed by the applicant in compliance with the provisions set forth in this chapter and in the regulations.

22.15 Fire service connections.

When an application is made for fire service connections, such sprinkler and fire service installation must be approved by the fire chief, by an approved fire rating bureau and by the superintendent. (Ord. 93-9, § 17.)

Water furnished through fire services shall be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test, he shall notify the superintendent at least three working days in advance.

If it is found that an unauthorized connection or use has been made, the consumer shall be notified to discontinue such connection or use, and if the consumer fails or refuses to do so, the water to such service shall be shut off and remain so until the fire service connection receives proper approval.

22.16 Temporary connections.

Whenever practical, temporary service connections shall be metered. Temporary connections shall be allowed for an initial sixty day period and extended by the superintendent on presentation of good and sufficient evidence that such extension is warranted. If unmetered, the superintendent shall determine a method to provide a record of consumption to the commercial office for each calendar month and the rates which will apply.

22.17 Contractors.

Contractors engaged in street construction or site development shall obtain a construction water permit and shall take water at a location specified by the superintendent. All water shall be metered unless exempted by the superintendent for good and sufficient reason. Meters will be supplied to the contractor by the water system. The daily service charge will be charged at 0.5 times the in-city rate for a two (2) inch turbine meter. The volume charge will be charged at 1.5 times the in-city rate for general service users class. Any required deposits shall apply. (Ord. No. 96-3, § 1.)

22.18 Individual building construction.

Individual builders or contractors engaged in building construction or development not connected with subdivision construction shall upon compliance with the applicable provisions of the regulations and this chapter obtain a construction water permit and shall agree to the provisions of section 16 of the regulations.

Article IV. Connection Charges (Capacity).

22.19 Purpose.

The public interest, health and general welfare of the city and its inhabitants require the acquisition and construction of water facilities and systems, necessary to serve new and altered structures within the city, and the public interest and economy require that, in order to provide funds for such purposes, there be established certain connection charges to be paid by the owner or owners of land upon which such structures are constructed or altered.

22.20 Authority of city to impose.

The connection charges provided for herein are established pursuant to the power granted by the legislature to the city by section 5471 of the health and safety code and section 54344 of the government code; the power granted to the city by article XI, section 7 of the constitution to provide for the health and general welfare of the city and its inhabitants; and the power granted to the city by article XI, section 9 of the constitution to establish, purchase and operate public works to furnish its inhabitants with water.

22.21 Establishment; time payable.

In addition to all other charges established by the ordinance, rules and regulations of the city, there is hereby established a connection charge, in an amount determined pursuant to sections 22.22, 22.23, and 22.25 and subject to the provisions set forth in sections 22.24 and 22.26 through 22.31. Payment of such charge shall be a condition precedent, except as provided in sections 22.24 and 22.25, to connection of any water and/or sewer system of the city, and shall be payable prior to the issuance of a permit pursuant to this code, provided, however, that such charge shall be payable only with respect to connection of a structure to one of such systems, not both. (Ord. No. 2008-02, § 5.)

22.22 Amount.

The connection charge shall be in the amount of $3,400 per family unit or equivalent effective July 1, 1991.

On April 1st of each year, the connection charge per family unit or equivalent shall automatically increase or decrease from the amount then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1st of each of the two immediately preceding years, for which purpose construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. On or before March 1 of each year, the director of public works shall:

(1) certify to the city council and the city building inspector the applicable percentage of increase or decrease for the following April 1st, pursuant to the foregoing provision, and the resulting change in the amount of the connection charge per family unit or equivalent; (2) submit to the city council a report, based on revenues and expenditures pursuant to this article, to the date of the report and revised estimates of future revenues and expenditures pursuant to this article for the purpose of review of and determination of whether any change should be made in the amount of the charge established by this section. (Ord. No. 87-17, § 1; Ord. No. 91-8, § 5; Ord. No. 95-30, § 4.)

22.23 Family units or equivalents.

(a) "Family" defined. As used in this section, "family" means one or more persons occupying a premises and living as a single nonprofit housekeeping unit. A family shall be deemed to include necessary servants.

(b) Residential structures. The following family units shall apply to residential structures:

(1) For each detached structure designed for occupation exclusively by one family, which structures shall include all single-family dwellings, there shall be assigned one family unit; and

(2)(A) For each structure or portion thereof designed for occupation by more than one family, each such family living independently of each other in a room or suite of rooms separated by a common wall or floor, which structures shall include condominiums, apartment houses, duplexes and such portion of hotels or motels which contain kitchen facilities in each room or suite of rooms designed for occupation by a family, and all mobile home parks, there shall be assigned one (1) family unit for the first room, suite of rooms or mobile home, designed for occupation by a family and sixty (60%) of a family unit for each remaining room, suite of rooms, and mobile home designed for occupation by a family; and

(B) For each structure or portion thereof designed exclusively for occupation by senior citizens, which structures shall include condominiums and apartment houses, there shall be assigned one (1) family unit for the first room, or a suite of rooms, designed for occupation by a family, and forty-five (45%) of a family unit for each remaining room, or suite of rooms, designed for occupation by a family. (Ord. No. 99-11, § 1.)

(c) Other structures. There shall be assigned for commercial, industrial, office, church, private school, public facility and all other structures, including hotels and motels, or portions thereof; not containing rooms with kitchen facilities, and including portions of residential structures designed for commercial, office or other nonresidential use, a number of family unit equivalents determined on the basis of the estimated potential demand of such structures upon city water facilities and systems in relation to the normal potential demand of a single-family residential structure. Such determination shall be based on the capacity of the water meter for any such structure, in accordance with the following schedule:


METER UNIT SIZE (IN.)	METER TYPE	CAPACITY (GAL/MIN)	FAMILY UNIT EQUIVALENTS
5/8"	Displacement	10	1
3/4"	Displacement	10	1
1"	Displacement	17	2
1 1/2"	Displacement	34	5
2"	Compound	80	13
1 1/2"	Turbine	120	22
2"	Turbine	160	30
3"	Compound	160	30
4"	Compound	250	50
3"	Turbine	350	75
6"	Compound	500	120
8"	Compound	800	210
4"	Turbine	1,000	275
10"	Compound	1,150	350
6"	Turbine	2,000	640
8"	Turbine	3,500	1,250
10"	Turbine	5,500	2,155

(d) If a meter has a size and/or capacity that does not appear on the above schedule, the city engineer shall determine the number of family unit equivalents by interpolating or extrapolating the schedule and rounding to the nearest full family unit equivalent.

(e) Landscape irrigation. Family unit equivalents shall be assigned using the following schedule for irrigation service from a meter used solely to provide separate metering of landscape irrigation:


METER UNIT SIZE (IN.)	METER TYPE	CAPACITY (GAL/MIN)	FAMILY UNIT EQUIVALENTS
3/4"	Displacement	10	1
1"	Displacement	17	2
1 1/2"	Turbine	120	5
2"	Turbine	160	13
3"	Turbine	350	30
4"	Turbine	1,000	50
6"	Turbine	2,000	120
8"	Turbine	3,500	210(

(Ord. No. 98-8, § 3.)

(f) Fire service. No family units or equivalents shall be assigned for unmetered fire service.

22.24 Exemptions.

Connection charges pursuant to the provisions of this article shall not be payable with respect to new or altered structures for which a building permit therefore, pursuant to the building code adopted by the city at the time of issuance of such permit, was issued prior to the effective date of this article.

22.25 Charge for alteration or change of meter size.

(a) Where it is proposed to alter a structure in any way which results in a greater potential water demand therefore, or to change or replace an existing water meter by a meter of a larger size, the number of family units or equivalents applicable to such structure both prior and subsequent to such alteration or change of meter size shall be determined pursuant to the provisions of section 22.23, and a connection charge based on the difference between the units applicable prior to such alteration or change of meter size shall be paid, whether or not a connection charge was theretofore payable with respect to such structure. The charge provided for in this section shall be deemed a connection charge for the purposes of this article, even if a new physical connection of a structure is not required, the continuance of the original physical connection being conditioned on payment of the charge provided for in this section. Unless such charge is paid prior to making such alteration or change of meter size, it shall be paid within thirty days of receipt of notice of the amount payable by reason of such alteration or change of meter size. Such notice shall be mailed, postage prepaid, registered, or any owner of such structure.

(b) No connection charge shall be payable when a water meter installed before December 16, 1986 is replaced by two meters, solely to provide for the separate metering of landscape irrigation. Sizing of meters installed pursuant to this subsection shall be within the sole discretion of the city engineer. If a smaller non-irrigation meter is not justified, the city engineer may allow the existing meter to stay in service rather than require it to be replaced with a new meter. Nothing in this subsection shall be construed to eliminate payment of a connection charge when otherwise due pursuant to subsection (a).

(c) Where it is proposed to change or replace an existing water meter by a meter of a smaller size, no connection charge for capacity shall be required. (Ord. 2002-29, § 8.)

22.26 Action by city council.

(a) Appeal. Any determination made pursuant to sections 22.23 or 22.25 may be appealed to the city council for a modification thereof.

(b) Special conditions relating to time of payment. Where, in the opinion of the city council, special conditions required the payment of connection charges at a time other than that specified above, it may provide for such charge to be paid at a time agreed to by written agreement with the owner of the property to which such charge applies.

(d) Event of nonpayment. If, for any reason, connection charges pursuant to this section are not paid within five days after the time or times agreed to by written agreement with the owner of the property, said charges shall become a lien against said property and shall be added to and collected with the next regular tax bill levied against said property.

22.27 Penalty for nonpayment.

For the nonpayment of the full amount of the connection charge when payable, the owner of the property to which such charge applies shall be liable for a basic penalty in the amount of ten percent of such charge and, in addition, for a penalty of one-half of one percent per month upon the unpaid portion of such charge and the basic penalty.

22.28 Disconnection for nonpayment.

In the event of connection to any sewer and/or water system of the city without payment of the full amount of the connection charge, such connection shall be deemed illegal, and the structure so connected may be disconnected by city.

22.29 Lien against property.

Connection charges payable pursuant to this article shall, in accordance with and pursuant to section 5473.11 of the health and safety code, constitute a lien against the property to which such charge is applicable.

22.30 Place of payment.

Water connection charges shall be payable at the office of the building inspector, City Hall, Fairfield, California.

22.31 Use of proceeds.

There is hereby created a water facilities fund into which all sums collected pursuant to this article shall be deposited.

The monies in such water facilities fund shall be used solely to acquire or construct water supplies, facilities, and systems; to repay principal and interest on bonds issued for the acquisition or construction of such water supplies, facilities and systems; to repay federal or state loans or advances made to the city for the construction of such water facilities and systems; and to pay for administration of connection charge collection.

22.32 No refunds.

In the event that the building for which a connection charge has been paid is not under construction within 180 days of issuance of the plumbing permit, or in the event construction stops for 180 days, the connection charge paid shall lapse and the full amount of the connection charge in effect at the commencement or recommencement of construction shall be required. The city shall not refund the lapsed connection charge, but shall grant a credit on such connection charge in the amount of the previously paid connection charge.

Article V. Water Connection Charges (Installation).

22.33 Installation charges - new service.

The water system shall collect the following charges for the installation of new water service connections installed by city forces. Where unusual conditions prevail, charges will be based on actual costs.


Service Connections	Charge
3/4" service pipe	$490.00
1"	510.00
1 1/2"	550.00
2"	610.00
3"	750.00
4"	900.00

22.34 Same - New meter and box.

Charges for meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner. The water system shall collect the following connection charges for the installation of water meter and box:


Meter Size	Charge
3/4" meter and box	$80.00
1" meter and box	110.00
1 1/2" meter and box	200.00
2" compound meter and box	515.00
3" compound meter and box	820.00
4" compound meter and box	1,365.00

22.35 Same - Increase or decrease.

All rates and charges provided for in sections 22.33 and 22.34 of this chapter, unless otherwise specified, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1 of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. (Ord. No. 95-30, § 5.)

22.36 Same - Large service connections and special conditions.

For any installation greater than four inches in size, the application will deposit an amount equal to the estimated installation cost at the time of application; additional billing or refund will be made on such deposit after actual installation costs have been determined at the completion of the work. Where special conditions exist, the city reserves the right to furnish special meters with the applicant to pay actual installation cost.

22.37 Same - To be paid prior to installation, etc.

All connection charges shall be paid prior to installation, and in the case of new construction must be paid before the building permit is issued.

22.38 Same - Advance deposit in certain cases.

In the case of connection charges on a cost plus basis, a deposit must be made in advance of the estimated cost and an adjustment made upon completion. If the cost is over the estimate, the applicant will be billed for the difference; if the cost is less, the water system will refund the difference.

22.39 Changes in size of meter, pipe, etc., at expanse of customers.

Changes in size of meter, service pipe, or both of the existing service connections shall be at the expense of the customer less fifty percent of the cost of a new meter of the size being replaced.

22.40 Changes in location of meters and connections at expense of customers.

When the relocation of an existing meter or service connection is requested for the customer’s convenience, the relocation shall be at the customer’s expense.

22.41 Water main extensions by city - Generally.

When the city council shall determine it to be in the public interest for the city to extend water lines in advance of street development or for any other purpose, the superintendent shall be ordered to proceed with such extensions to the extent and in the manner determined by the city council. Such extensions may be installed at the cost of the city or pursuant to appropriate assessment district proceedings.

If the city council determines at the time of ordering any such main extension that this section shall be applicable thereto, accurate records of the costs thereof shall be maintained by the superintendent, together with an allocation of such costs to all parcels of property, which will be served thereby. Such allocation shall be based on such formula as will result in such costs being apportioned to such parcels in proportion to the benefits thereto, severally and respectively.

22.42 Same - Special connection charges.

At the time of installation of any water service connection which will be served in whole or in part by a water main to which special connection charge, in addition to all other charges and fees provided for by this chapter. Such charge shall be in an amount equal to the cost allocated to the parcel of property by the superintendent, as provided in section 22.41 of this chapter.

If a water main extension is financed by assessment district proceedings, any charge provided for by this section with respect thereto shall be deemed paid for each parcel of property within such assessment district, by virtue of the assessment levied thereon in such proceedings.

Article VI. Reserved for Future Legislation.

Article VII. Extension of Water Facilities by Applicant.

22.43 Plans.

Any applicant for water service which will require water main extension shall install the same at his own cost and expense. Any applicant for water service which will require other water facility extension may install the same at his own cost and expense. Plans for such extension or extensions shall be submitted to and approved by the city engineer.

22.44 Surety bond.

In the event the applicant installs water facility extensions, he shall furnish the city a surety company bond in an amount equal to at least one-half the city engineer’s estimate of the installation costs, to guarantee faithful performance by the application, and surety company bond in an equal amount to guarantee claims of persons employed by the applicant and claims of persons who furnish materials, supplies and implements used by the applicant on such work.

22.45 Evidence of title transfer to city.

When water facility extensions are installed and upon the execution and delivery by the applicant of a good and sufficient document evidencing transfer of title of the facilities to the city, water shall be furnished to the applicant’s property.

Article VIII. Water Meters.

22.46 Maintenance.

Where replacements or adjustments for any water meters are necessary by the act, neglect or carelessness of the owner or occupant of any premises or anyone in their employ, any expense thereby caused to the water system shall be placed on the water bill and collected from the property owner.

22.47 Testing.

Customers shall have the right to request a test to be made of the meter service serving their premises in the manner provided in section 20 of the regulations.

If the results of the meter test determine that the meter is:

(a) Registering not more than two percent faster or slower than the actual quantity of water passing through it, the deposit shall be retained by the water system;

(b) Registering more than two percent over registration, an accurate meter shall be installed, the deposit refunded and the water bills adjusted to correct the error discovered;

(c) Registering more than two percent under registration, an accurate rate meter shall be installed, the deposit refunded and the customer billed for the amount of the undercharge;

(d) In any event, the adjustment for overcharge or undercharge shall not exceed a period of six months or that during which it was measuring service to the customer, whichever is the lesser.

22.48 Erroneous meters; obstruction.

(a) Erroneous meters. Whenever a meter fails to register correctly, the customer shall be charged for a minimum service charge or for an estimated amount of water used, based upon the customer’s prior consumption during the same season of the year, if conditions were unchanged, or upon a reasonable comparison with use of other customers during the same period receiving the same class of service under similar circumstances.

(b) Obstructing water meters. It shall be unlawful for anyone to enclose a water meter with a fence, wall, hedge or otherwise obstruct access to water service meters. Upon the failure or refusal of the owner or customer to remove any such unlawful obstruction within a reasonable length of time, thirty days unless prevented by extenuating circumstances, after written notification to do so, the superintendent shall, at his option, order:

(1) The discontinuance of water service to the premises until the obstruction is removed; or

(2) The customer to pay an additional charge of five dollars as penalty for each meter reading taken until the obstruction is removed.

Article IX. Customer’s Equipment.

22.49 Customer’s responsibility.

The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the water system shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper maintenance or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The customer shall be responsible for determining the pressure operation limits of his fixtures and equipment and shall properly protect the same from a variance of water delivery pressures, including periods when for any reason whatsoever there is no water available.

22.50 Control valve.

The owner of premises to be served shall install a control valve on the house piping between the water meter and the first valve outlet on the premises. When old premises, to which a service connection has previously been installed, are being altered, a control valve shall be installed by the owner, if such is not already provided. The customer shall not operate the meter stop or valve in the meter box at any time.

22.51 Pressure relief valve.

Each water heater shall be equipped with a suitable pressure relief valve of a type and nature required by the uniform plumbing code and building code.

22.52 Backflow prevention - generally.

The city council may by resolution establish regulations governing cross connection control between the water system and the plumbing on any premises.

22.53 Same - Inspection of devices; repair, etc., costs.

The water system shall test and inspect all such backflow prevention installations as required and all costs for service, repair, overhaul, or replacement shall be at the expense of the property owner.

Article X. Billing.

22.54 Generally.

The procedure of rendering bills for water service, their payment and the consequences on nonpayment, unless otherwise provided elsewhere in this chapter, shall be governed by the regulations.

22.55 Disputed bills.

In case of dispute as to payment of a bill previously rendered, the customer will be required to present the receipted bill, canceled check or other satisfactory evidence before adjustment or corrections shall be made.

Article XI. Water Rates and Charges.

22.56 Payment for service; "person" defined.

No person shall receive water service without payment of the rates and charges provided herein. The word "person" as used herein shall mean any individual, firm, or corporation, or the state or the United States of America or any public corporation, political subdivision, city, county, district, or agency of either, including this city.

22.57 Water rates.

(a) Water rates shall be charged by user class, as set forth in this section, reflecting the different capacity and water volume requirements for each class. Each user in a class shall pay charges in two parts: 1) a daily service charge to be paid regardless of water use and 2) a volume charge to be the result of the rate for the user class applied to user’s volume usage, as measured in units of 100 cubic feet.

(b) Water rate user classes shall be as follows:

(1) "Residential" shall include all service to single-family, multi-family and mobile home properties.

(2) “General Service” shall include all non-residential accounts, except as otherwise provided in paragraphs (3) through (5).

(3) “Large Industrial” shall include non-residential accounts, using an average of over one million gallons per day.

(4) “Landscape Irrigation” shall be limited to those water users requiring service exclusively for landscaping purposes, which service is offered on an interruptible basis for use solely during the daily off-peak time period of 11:00 p.m. to 5:00 a.m. Violation of these conditions shall be grounds for the user to be billed under the “General Service” class. This class shall pay no service charge and the volume charge shall be equal to the “General Service” class.

(5) “Special Landscape Irrigation” shall be limited to those water users meeting the following conditions: (a) the user is within an area planned for reclaimed water service within the next five years, (b) the user contracts with the city for reclaimed water irrigation service when available, and (c) all other conditions for potable water irrigation service are met. Cemetery districts that otherwise meet the above conditions and irrigate more than 17 acres shall be allowed extended hours of irrigation service, from 8:00 p.m. to 8:00 a.m. Violation of these conditions shall be grounds for the user to be billed under the “General Service” class. This class shall pay no service charge and the volume charge shall be fifteen percent (15%) less than the “General Service” class.

(6) “Reclaimed Landscape Irrigation” shall be limited to those users actually using reclaimed water for landscape irrigation and for whom rates are not set by a reclaimed water service contract. This class shall pay no service charge and the volume charge shall be twenty-five percent (25%) less than the “General Service” class. (Ord. 2002-29, § 1.)

(c) The rates within each user class shall be established by resolution of the City Council. (Ord. No. 96-16, § 3; Ord. No. 99-1, § 2; Ord. No. 2000-11, § 1; Ord. 2002-29, § 2, Ord. No. 2004-20, §1, Ord. No. 2006-26, §1)

(d) Any user whose property is located at or above 200 feet in elevation shall, in addition to the volume charge paid under subsection (a), pay a zone 3 volume surcharge equal to $.30 per 100 cubic feet, effective June 7, 1995. Any user whose property is located at or above 400 feet in elevation shall, in addition to the volume charge paid under subsection (a) and the zone 3 volume surcharge paid under this subsection, pay a zone 5 volume surcharge equal to $0.30 per 100 cubic feet effective June 7, 1995. Any user whose property is served by a hydroneumatic pumped system shall pay a demand pump surcharge of $0.20 per 100 cubic feet effective June 7, 1995.

(e) Any general service turbine meter installed before May 19, 1987, shall be charged the same daily service charge as a compound meter of equivalent size.

(f) Detector check valves for fire sprinkler systems shall be billed on the basis of the bypass meter size at the amount stated in this section, and municipally-owned fire hydrants shall be billed an annual charge of one dollar per fire hydrant, which charges shall cover all water furnished through the applicable sprinkler systems and hydrants. (Ord. No. 95-10, § 2; Ord. No. 2008-03, § 1; Ord. No. 2009-19, § 1.)

(g) Low Income Senior/Disabled Refund. A refund may be made to certain customers under the following conditions:

(1) On March 1, following the calendar year for which the refund is applicable, the customer making application for the refund meets all of the following criteria: (a) is over sixty-two (62) years of age, or is considered disabled under social security law and receives supplemental social security income for disabled persons, or is a veteran in receipt of a non service connected disability pension from the Veterans Administration, and (b) such individual is a "head of household," (c) that such individual has paid the charges imposed by this section for the twelve (12) months of the preceding calendar year, (d) that the combined annual "gross income" of the household of which such individual is head is less than or equal to the United States Housing and Urban Development eligibility limit for a family of two with very low income for the preceding calendar year, (e) that the water service for which such charges were paid was delivered to said individual’s residence, and (f) that such individual had made no other application for a refund for the same calendar year. (Ord. No. 96-16, § 4; Ord. No. 2000-11, Sec. 3; Ord. 2002-29, § 4, Ord. No. 2004-20, §2)

(2) Beginning August 1, 2013, the amount of the refund referred to in paragraph (1) shall be $118.00. On each July 1 thereafter, the amount of the refund shall increase by the net percentage increase in residential rates from the prior July 1. The City Council may amend by resolution the conditions for receipt of the refund and the amount of the refund. (Ord. 2002-29, § 4.)

(3) The refund provided for in paragraph (2) shall be applied for on a form prescribed by the city on or before March 1, and shall be payable before April 30 of each year for the preceding calendar year.

(4) As used herein, "head of household" shall mean the person filing or who would file a federal income tax return as a head of household, or a single individual, or the husband or wife, if a joint return is filed, but in such case, the individual applying for the refund must additionally declare that his or her spouse has not also applied for the refund for the same period of time.

(5) As used herein "gross income" shall include all compensation for wages, salaries, tips, interest income, rental income (after expenses), royalties, pensions, annuities, social security, SSI, and alimony. (Ord. No. 87-17, § 2; Ord. No. 87-27, § 1; Ord. No. 87-37, § 1; Ord. No. 88-1, § 1; Ord. No. 91-8, § 1; Ord. No. 2000-11, § 3; Ord. 2002-29, § 4, Ord. 2004-20, § 2. Formerly 22.57C.)

(h) Recreational Field Exemption. The city council may by resolution exempt from the water rates provided for in this article any water used exclusively for irrigating city parks or recreational fields and landscaping of a school district, which would otherwise be subject to the "landscape irrigation" or "special landscape irrigation" user classes pursuant to Section 22.57. (Ord. No. 94-9, § 2; Ord. 2002-29, § 7. Formerly 22.57E.)

(i) From time to time, the preparation of studies to determinate the appropriate water rates to be charged based on the costs of service may be directed by the City Council or City Manager. All future water rate increases shall be subject to City Council approval in the manner required by law. (Ord. No. 2012-01, §§ 1 - 4; Ord. No. 2013-10, §§ 1, 2; Ord. No. 2017-17, § 1.)

22.57A Annual rate adjustment.

Repealed by Ord. 2012-01. (Ord. No. 94-9, § 1; Ord. No. 98-32, § 3; Ord. No. 2009-19, § 2.)

22.57B Cost of service adjustments.

Repealed by Ord. 2012-01. (Ord. No. 2009-19, § 3.)

22.57C Low income senior/disabled refund.

Recodified to Sec. 22.57(g) by Ord. 2012-01.

22.57D Deferred rate increase.

Repealed by Ord. 2012-01. (This section was previously repealed by Ordinance 2002-29, § 5, then a new Section 22.57D was added by Ord. 2004-20, §3.)

22.57E Recreational field exemption.

Recodified to Sec. 22.57(h) by Ord. 2012-01.

22.58 Standby service charge.

This section repealed by Ord. No. 78-33, § 2.

22.59 Delinquent charge to be real property lien.

Charges for water service as set forth in section 22.57 of this chapter shall be considered delinquent if not paid within 30 days. After compliance by the water system with section 36 of the regulations, the delinquent charges shall constitute a lien upon the real property to which the unpaid charge for service was rendered. Such lien is imposed pursuant to the state government code § 54354. (Ord. No. 87-37, § 2.)(Ord. 95-30,eff. 1/19/96)(Ord. 2000-11, eff.1/5/01)

22.60 Outside rates.

Every customer not covered by section 22.61 being supplied water from the water system to premises outside the city limits shall pay water rates and charges which shall be fifty percent over and above the rates and charges established for water users within the corporate limits of the city. (Ord. No. 87-37, § 3; Ord. 2002-29, § 6.)

22.61 Industrial wholesale and raw water.

The city council reserves the right to negotiate by contract rates different than those expressed in this chapter; such contractual rates shall take preference over any other rates set forth in this chapter.

Article XII. Additional Connection Charge Within Pressure Zone Two.

22.62 Purpose.

In order to fund the construction, maintenance, and operation of the special pump stations and reservoir sites required to serve water to customers located between elevation 100 feet and 200 feet, inclusive, there is hereby established the additional connection charge specified in this article which shall be in addition to all other charges levied by this code. The establishment of this additional connection charge creates no obligation on the part of the city to serve water above the 100-foot elevation.

22.63 Pressure Zone Two connection charge.

The water system shall collect the following charges for installation of new water services located between the elevation of 100 and 200 feet:

(a) The connection charge shall be in the amount of five hundred dollars per family unit or equivalent.

(b) The number of family unit equivalents for a service shall be determined as provided in Article IV of this chapter.

22.64 Same - Increase or decrease.

All charges provided for in Sec. 22.63, unless otherwise specified, shall, on April 1st of each year, automatically increase or decrease from the amounts then applicable by the same percentage as the percentage of increase or decrease in construction costs between December 1 of each of the two immediately preceding years. Construction costs and the increase or decrease therein shall be based on the Engineering News-Record Construction Cost Index for the San Francisco area. (Ord. No. 95-30, § 6.)

22.65 Exemptions.

The provisions of this article shall not apply to areas in which prior to January 31, 1979 the Fairfield City Council approved development conditioned upon the formation of an assessment district or provision of a separate water pressure system installed and paid for by the developer to serve elevations between elevations 100 and 200 feet.

22.66 Map.

The areas located between 100 and 200 feet subject to this article shall be those areas shown on pressure zones 2A and 2B on that certain map entitled, "City of Fairfield, Domestic Water Reservoir Study, Recommended Plan, Pressure Zone No. 2, June 1975", a copy of which is on file with the Department of Public Works, and incorporated herein by reference. (Ord. No. 79-14, § 1; Ord. No. 86-52)

Article XIII. Excess Usage Volume Surcharge.

22.70 Purpose.

Repealed by Ord. No. 93-15, § 1.

22.71 Surcharge imposed.

Repealed by Ord. No. 93-15, § 1.

22.72 Conditions permitting supplemental water allocations.

Repealed by Ord. No. 93-15, § 1.