Chapter 13.04 GENERAL PROVISIONS*

* For statutory provisions on municipal water systems, see Government Code § 38730 et seq.; for statutory provisions concerning purity of water and water systems, see Health and Safety Code §§ 4010 through 4037.

13.04.010 Definitions.

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

A. “Applicant” means a person who applies for water service.

B. “Consumer” means any person to whom the city supplies water service under a contract, either expressed or implied, for which such person is required to make payment therefor.

C. “Cost” includes labor, material, transportation, expense, supervision, engineering, and other necessary overhead expense.

D. “Department” means the water department of the city.

E. “Extension” means a water main extension.

F. “Legal or equitable owner” means any owner of record, mortgagee, trustee or contract purchaser.

G. “Main” means an existing water main in the water distribution system of the city.

H. “Manager” means the city manager, or a duly authorized representative, in the event the city engages a city manager.

I. “Service connections” designates the tapping of water mains and the laying of pipes from the main to the curb property line or to the meter. (Code 1961 § 25-1).

13.04.020 Promulgation of rules, regulations and rates.

The council reserves the right and power to from time to time by resolution adopt rules and regulations for the operation and maintenance of the water department of the city, and for furnishing water to the users, and may likewise by resolution establish and modify the rates, charges, and penalties, and may from time to time by resolution prescribe rules for the extension of water mains within the boundaries and outside the boundaries of the city. (Ord. 78-387. Code 1961 § 25-3).

13.04.030 Settlement of disputes between consumer and city.

If a dispute shall arise between any water consumer and the city concerning water service or the amount of a water bill to such consumer, the dispute may be settled, subject to the approval of the city manager, by the water department. The procedures provided for in this section are permissive only and shall in no way affect the other provisions of this division. (Ord. 93-587 § 1. Code 1961 § 25-4).

13.04.040 Proximity of water service pipes to other service pipes.

No sewer ditch, sewer pipe, gas pipe or any other service pipe shall be installed or maintained nearer than two feet to any water service pipe, water main or water service meter of the city. (Code 1961 § 25-5).

13.04.050 Cross connection control required.

It shall be the responsibility of the public works department of the city to protect the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants through the water service connection. If, in the judgment of the director of public works or a designated agent an approved backflow prevention device is required at the city’s water service connection to any customer’s premises, for the safety of the city water system, the director or designated agent shall give notice in writing to said customer to install such an approved device at each service connection to their premises. The customer shall immediately install such device at their expense. Failure, refusal or inability on the part of the customer to install shall constitute grounds for discontinuing water service to the premises until such device has been properly installed. (Ord. 84-477 § 1. Code 1961 § 25-6).

13.04.051 Approved standards for cross connection control devices.

A. Any backflow prevention device required by this code shall be a model and size approved by the public works director. The term “approved backflow prevention device” means a device that has been manufactured in full conformance with the standards established by the American Water Works Association (A.W.W.A.) entitled: A.W.W.A. C 506-78 Standards for Reduced Pressure and Double Check Valve Backflow Prevention Devices, and have met completely the laboratory and field performance specifications of the Foundation for Cross Connection and Hydraulic Research of the University of Southern California: Specifications of Backflow Prevention Devices #69-2 or the most current issue.

B. Said A.W.W.A. and F.C.C.C. and H.R. standards and specifications have been adopted by the city by resolution. The public works department shall maintain a current list of approved devices. (Ord. 84-477 § 1).

13.04.052 Approval of public works director required.

Prior to the installation of any such devices the customer shall submit to the public works director a statement containing the make and model of the device, location and method of installation of such device for approval. Failure to do so could result in the installation of a nonapproved device. (Ord. 84-477 § 1).

13.04.054 Annual inspection of cross connection control devices required.

A. It shall be the duty of the customer-user at any premises where said devices have been installed to have certified inspection and operational tests made at least once each year. If in the opinion of the director or his designated agent a hazard is great enough he may require a certified inspection at more frequent intervals. These inspections and tests shall be done at the customer’s expense and shall be performed by the device manufacturer’s representative, by the city’s utility personnel or a certified tester approved by the city.

B. It shall be the duty of the public works department to ensure that these timely tests are made. The customer shall notify the city in advance of these tests so that a representative may witness the tests if so desired. These devices shall be repaired, overhauled or replaced whenever said devices are found to be defective at the customer’s expense. Records of such tests, repairs or replacement shall be kept and made available to the city. (Ord. 84-477 § 1).

13.04.060 Shutoff valve – Installation by owner.

Consumers of water shall install, at their own expense, a shutoff valve inside the property line at a location accessible to the employees of the city and its water department. (Code 1961 § 25-7).

13.04.070 Repairs – Liabilities.

The city shall, at its own expense, make all repairs necessary to water mains, meters and pipelines connecting with water mains. The city shall make no repair or do any work whatsoever on the water pipeline beyond the meter connection. Any repair, including parts and labor, made necessary by any acts of negligence or carelessness of the consumer, or other persons, shall be charged to and collected from the consumer, or the person responsible therefor. (Code 1961 § 25-8).

13.04.080 Shutoff – Repairs and infractions.

The department reserves the right to shut off the water supply from any premises at any time without notice, for the purpose of making repairs, extensions, or for other necessary purposes, or for any infraction of the provisions of this division. The department shall not be held responsible for any damage to any consumer’s property during such shutoff period. (Code 1961 § 25-9).

13.04.090 Right of entry for inspections.

An authorized employee of the city shall have reasonable access to any premises supplied with water for the purpose of making inspections for cross connection control, inspections of the water system and water meters upon such premises. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the city may have all water shut off, after service of 24-hours’ notice of the intention of the city to do so. (Ord. 84-477 § 1. Code 1961 § 25-10).

13.04.100 Connections to pumps, boilers, and other apparatus – Generally.

It is unlawful for any person to draw any water from any pipes or water mains of the city directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. (Code 1961 § 25-11).

13.04.110 Connections to pumps, boilers, and similar apparatus – Permit.

If a consumer desires water from the city to be used in any stationary steam boiler, hydraulic elevator, power pump or similar apparatus, the consumer shall first apply therefor in writing to the council, and if a permit is granted by the council, such consumer must provide a tank or reservoir of such capacity as is required by standard practice. No such tank or reservoir shall be installed or used unless and until the plans and specifications have been examined and approved in writing by the city engineer or water department. (Code 1961 § 25-12).

13.04.120 Prohibited interferences with system.

It is unlawful for any person to open any fire hydrant, street hydrant, stopcock, gate, or valve or to interfere in any manner with any street water service, water connection or any water meter attached to any service pipe connected with the water mains; or to turn on or off water mains or water pipes of the city; or to tap, break, or injure any water main or water pipe of the city, or any reservoir of the city; or to tap any water service pipe, or take or draw water from any water main, pipe, or hydrant of the city without paying the established water rental therefor, after having made written application therefor as provided by this division, or in anywise to trespass upon the public property of the water department, without written permission first being obtained from the water department. (Code 1961 § 25-13).

13.04.130 Application for service – Generally.

Before any water will be supplied by the city to any person who requires a connection from the city-owned water mains to water pipes on any real property, the owner or occupant of the property shall make a written application for such service and service connection, upon a form provided by the city at the office of the city clerk. (Code 1961 § 25-14).

13.04.140 Application for service – False statements prohibited.

No person who prepares or signs any application pursuant to this division shall willfully make any false statement or furnish false data therein. (Code 1961 § 25-15).

13.04.150 Connection to water mains.

Upon the applicant for water service having complied with all the requirements relating to written application for service, the city will cause the property described to be connected with the city water mains, subject to the provisions of this division and the rules and regulations of the council. (Code 1961 § 25-16).

13.04.160 Common service pipes prohibited.

No water shall be served to two or more parcels of property separately owned through a common service pipe. (Code 1961 § 25-17).

13.04.180 Shutting off water at consumer’s request.

A. Upon the written application of the owner or occupant of a building or premises to have the water shut off on the supply side of the meter, the city shall have such water shut off, and at the time of so doing shall record the reading of the meter and render a bill in a sum which shall be the greater of the amount of the water used according to the rates and charges provided for, or for the monthly minimum charge due for the fractional part of the month.

B. Service will be discontinued and water service cut off by the city within 48 hours of receiving written notice from a consumer to discontinue water service. (Code 1961 §§ 25-19, 25-20).

13.04.190 Turning water on without consent prohibited.

It is unlawful for any person to turn on the water after such water shall have been turned off by the water department without the written consent of the water department. (Code 1961 § 25-21).

13.04.200 Transporting metered water across property lines prohibited – Exception.

Water served through a meter shall not be transported through pipes or conduits across lot lines or property lines unless to serve a building, apartment house, court, or other multiple dwelling which occupies contiguous lots, in which event, water through one meter may be transported across property lines to serve such building, apartment house, court or other multiple dwelling. (Code 1961 § 25-22).

13.04.210 Supplying water to others prohibited.

It is unlawful for any person to supply water to any other person other than the occupants of the premises of such consumer. As used in this section, “supply water” shall be construed to mean furnishing such a quantity of water as would lend itself to measurement by a water meter. (Code 1961 § 25-23).

13.04.220 Conditions of service acceptance.

All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection, and to hold the department harmless from all damage arising from low pressure or high pressure conditions or interruptions of service. (Code 1961 § 25-24).

13.04.230 Right of city to turn water on or off in emergencies.

The city shall have the right in an emergency, to turn the water off or on without notice, but it shall be the duty of the water department to make reasonable effort to notify all consumers in advance of such an emergency that the water is to be turned off or on. (Code 1961 § 25-25).

13.04.240 Metering required.

Except as provided in FMC 13.04.210, water will not be furnished for any purpose except through a meter. (Code 1961 § 25-26).

13.04.250 Fire hydrants – Generally.

Fire hydrants are provided for the sole purpose of extinguishing fires and shall be opened and used only by the fire department or other officials of the municipality authorized to do so, or pursuant to FMC 13.04.260. (Code 1961 § 25-27).

13.04.260 Fire hydrants – Application for use and adherence to policy.

Persons wishing to take a supply of water from a fire hydrant must submit a bulk water application and, if approved by the city, each such person must comply with all rules and regulations established by the city concerning such use. (Ord. 2014-708 § 1. Code 1961 § 25-28).

13.04.270 Fire hydrants – Conditions of use.

Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is not in use and leave the hydrant in as good condition as when found, and such officer or person shall report to the water department or the fire chief any leaks or breaks or damage to the fire hydrant immediately upon discovery thereof. (Code 1961 § 25-29).

13.04.280 Water supplied for construction – Generally.

Notwithstanding the provisions of FMC 13.04.120, when water is required for construction purposes of any type, upon making proper application and payment of applicable fees, a service connection will be made with a main or at a hydrant at the most accessible point to the construction work. When the connection is not sufficiently accessible and water must be taken to the work site in a truck or tank, such supply shall be taken through the meter as installed. (Ord. 2014-708 § 2. Code 1961 § 25-30).

13.04.290 Water supplied for construction – Permits.

Notwithstanding the provisions of FMC 13.04.120, contractors or any persons desiring to use water in construction work where connections must be made other than through a meter shall in every case make written application, pay applicable fee, and obtain a written permit therefor from the water department before connecting with any water main, standpipe, or using water therefrom, and shall make the deposit required by the water department as sufficient, in its opinion, to cover the estimated cost of the water to be used. Such permit shall be exhibited upon the work for which it has been issued during the full time the water is being used pursuant to such permit. (Ord. 2014-708 § 3. Code 1961 § 25-31).