Chapter 8.12
GENERAL REGULATIONS
Sections:
8.12.010 Rules and regulations generally.
8.12.020 Purpose.
8.12.030 Connection to public sewer required.
8.12.040 Number of water services per premises.
8.12.050 Water supply to separate premises.
8.12.060 System property damage prohibited.
8.12.070 Responsibility for equipment on customer’s premises.
8.12.080 Damage to water system and sewer system facilities.
8.12.090 Enforcement officers’ entry right.
8.12.100 Water waste.
8.12.110 Ground-wire attachments.
8.12.120 Water-control valves.
8.12.130 Backflow prevention.
8.12.140 Interruptions in service.
8.12.150 Premises ingress and egress for division representatives.
8.12.160 Permits and fees.
8.12.170 Service application—Generally.
8.12.180 Service application—Regulations compliance intention pledged.
8.12.190 Service application—Previous service payment prerequisite.
8.12.200 Service installations.
8.12.210 Changes in customer’s equipment.
8.12.220 Installation charges.
8.12.230 Violation—Correction notice and action.
8.12.240 Violation—Nuisance—Declaration.
8.12.250 Violation—Service disconnection—When.
8.12.260 Violation—Services disconnection—Continuing premises habitation prohibited.
8.12.270 Violation—Water cutoff.
8.12.280 Violation—Liability.
8.12.010 Rules and regulations generally.
The following rules and regulations respecting water system construction, water services, connections to the water system, sewer construction, disposal of sewage, drainage of buildings and connection to the sewage works of the district are adopted, and all work in respect thereto shall be performed as required in this title and not otherwise. The board of directors may from time to time adopt standard requirements for the design and construction of sewers, which shall thereupon become a part of this title. (Ord. 126 § 1 (part), 2009)
8.12.020 Purpose.
This title is intended to provide rules and regulations for the use and construction of water and sewerage facilities hereafter installed, altered or repaired within or connecting to the district. (Ord. 126 § 1 (part), 2009)
8.12.030 Connection to public sewer required.
Following the effective date of the ordinance codified in this title, it is unlawful for any person to connect to, construct or install or provide, maintain or use any other means of sewage disposal from any building in the area served with sewers by the district except by connection to a public sewer in the manner as in this title provided, except as herein otherwise provided. No building, industrial facility or other structure shall be occupied until the owner of the premises has complied with all rules and regulations of the district concerning connection to a public sewer. (Ord. 126 § 1 (part), 2009)
8.12.040 Number of water services per premises.
The applicant may apply for as many services as may reasonably be required for his premises; provided, that the pipeline system from each service is independent of the others and that they are not interconnected. The cost of each service so installed shall be borne by the applicant. (Ord. 126 § 1 (part), 2009)
8.12.050 Water supply to separate premises.
Each premises shall have at least one water connection and meter. When two or more buildings are maintained upon a single premises, one connection may serve both; provided, however, that in the event the premises are divided and the buildings come into separate ownership, new connections must be made to provide each of such premises with a service and meter. (Ord. 126 § 1 (part), 2009)
8.12.060 System property damage prohibited.
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the district’s water system and/or sewage works. Any person violating this provision is guilty of a misdemeanor and shall be subject to the penalties provided by law. (Ord. 126 § 1 (part), 2009)
8.12.070 Responsibility for equipment on customer’s premises.
All facilities installed by the district on private property for the purpose of rendering water and/or sewer service shall remain the property of the district and may be maintained, repaired or replaced by the utility services division without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining the facilities on private property. No person shall place or permit the placement of any object in a manner which will interfere with the free access to a meter box or will interfere with the free access to a meter box for maintenance (i.e., repairs, meter exchanges, etc.) or will interfere with the reading of a meter. Customer water service facilities are the responsibility of the property owner to repair, replace and maintain, except in cases in which the property owner has a written agreement with the district.
Private Water Meter Detail
(Ord. 126 § 1 (part), 2009)
8.12.080 Damage to water system and sewer system facilities.
The customer shall be liable for any damage to the district-owned utility service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on, or near, a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer’s premises. The customer shall also be responsible to remove and/or repair any damage to the meter box, meter or piping caused by tree roots or outside improvements surrounding the meter box such as fencing or decorative landscaping. If any tree or outside improvements obstructions are damaged by the district in order to maintain water service to the property, the district shall not be responsible to replace or repair. Further, any damage to district-owned facilities shall be reimbursed by the customer promptly on presentation of a bill. (Ord. 126 § 1 (part), 2009)
8.12.090 Enforcement officers’ entry right.
The officers and any duly authorized employees of the district shall carry credentials establishing their position as an authorized representative of the district and upon exhibiting such shall be permitted to enter in and upon any and all buildings, industrial facilities and properties for the purposes of inspection, reinspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of the district. (Ord. 126 § 1 (part), 2009)
8.12.100 Water waste.
No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the district may discontinue the service if such conditions are not corrected within the time specified in the written notice. (Ord. 126 § 1 (part), 2009)
8.12.110 Ground-wire attachments.
All persons are forbidden to attach any ground-wire or wires to any plumbing which is, or may be, connected to a service connection or main belonging to the district unless such plumbing is adequately connected to an effective driven ground installation on the premises. The district will hold the customer liable for any damage to the district’s property occasioned by such ground-wire attachments; and neither the district nor its officers, agents or employees shall incur any liability of any nature whatsoever by reason of the use of any facility for grounding purposes which is, or may be, connected to the district’s system. (Ord. 126 § 1 (part), 2009)
8.12.120 Water-control valves.
The customer shall provide a valve on the customer’s side of the meter to control the flow of water to the piping on his/her premises. The customer shall not use the service curb stop to turn water on and off for his/her convenience. (Ord. 126 § 1 (part), 2009)
8.12.130 Backflow prevention.
The customer must comply with applicable laws governing the separation of dual water systems or installations of backflow protective devices to protect the public water supply from the danger of cross-connections. Air-vented backflow protective devices must be installed as near the service as possible and shall be open to test and inspection by American Water Works Association (AWWA) certified backflow prevention assembly testers. Plans for installation of backflow protective devices must be approved by the district prior to installation.
In special circumstances, when the customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the district may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection of the backflow preventive devices.
As a protection to the customer’s plumbing system, a suitable pressure relief valve must be installed and maintained by him/her, at his/her expense, when check valves or other protective devices are used. The relief valve shall be installed between the check valves and the water heater.
Whenever backflow protection has been found necessary on a water supply line entering a customer’s premises, then any and all water supply lines from the district’s mains entering such premises, building or structure shall be protected by an approved backflow device, regardless of the use of the additional water supply lines.
The approved backflow protection devices must be inspected and tested at least once each calendar year. The devices shall be serviced, overhauled or replaced whenever they are found defective and all costs of repair and maintenance shall be borne by the customer.
The service of water to any premises may be immediately discontinued by the district if any defect is found in the check valve installation or other protective devices, or if it is found that dangerous unprotected cross-connections exist. Service will not be restored until such defects are corrected. (Ord. 126 § 1 (part), 2009)
8.12.140 Interruptions in service.
The district shall not be liable for damage which may result from an interruption in water or sewer utility service from a cause beyond the control of the water and sewer utility service division. Temporary shutdowns may be made by the water and sewer utility service division to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. The district will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, act of God, fire, strike, riot, war or any other cause not within its control. (Ord. 126 § 1 (part), 2009)
8.12.150 Premises ingress and egress for division representatives.
Representatives from the water and sewer utility service division shall have the right of ingress and egress to the customer’s premises at reasonable hours for any purpose reasonably connected with the furnishing of water and sewer utility service. (Ord. 126 § 1 (part), 2009)
8.12.160 Permits and fees.
No water connection to the water system nor sewer connection to the sewerage system of the district shall be installed, altered or repaired until a permit therefor has been obtained from the district and all fees paid in accordance with the requirements of the current rate schedule, plus any special costs for unusual work incurred by the district. (Ord. 126 § 1 (part), 2009)
8.12.170 Service application—Generally.
Applications for regular water and sewer service, where no main extension is required, shall be made upon a form provided by the district. Such application may be waived by the district manager or finance director when it is deemed unnecessary. (Ord. 126 § 1 (part), 2009)
8.12.180 Service application—Regulations compliance intention pledged.
Such application will signify the customer’s willingness and intention to comply with this title and other ordinances or regulations relating to the regular water and sewer service and to make the payment. (Ord. 126 § 1 (part), 2009)
8.12.190 Service application—Previous service payment prerequisite.
An application will not be honored unless payment in full has been made for water and sewer service previously rendered to the owner or applicant by the district. (Ord. 126 § 1 (part), 2009)
8.12.200 Service installations.
Regular water and sewer services will be installed at the location desired by the applicant of the size determined by the district. Service installations will be made only to property abutting in public streets or abutting on such distribution and collection mains as may be constructed in alleys or easements, at the convenience of the district. Services installed in new subdivisions prior to the construction of streets or in advance of street improvement must be accepted by the applicant in the installed location. (Ord. 126 § 1 (part), 2009)
8.12.210 Changes in customer’s equipment.
Customers making any managerial change in the size, character or extent of the equipment or operations utilizing water and sewer service, or whose change in operations results in a large increase in the use of water, shall immediately give the district written notice of the nature of the change and, if necessary, amend their applications. (Ord. 126 § 1 (part), 2009)
8.12.220 Installation charges.
Charges for connections, including the applicable meter, and fixed connection charges shall be deposited with the district at the time of making application. (Ord. 126 § 1 (part), 2009)
8.12.230 Violation—Correction notice and action.
Any person found to be violating any provision of this title or any other ordinance, rule or regulation of the district, except Section 8.12.060, shall be served with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Except in the case of emergencies or when the public interest and necessity require otherwise, the time limit shall be not less than two nor more than seven working days. Such person shall, within the period of time stated in such notice, correct the violation. In any instance where the district determines that the severity of the violation warrants immediate action, the district manager or designee shall cause the clean up or abate the violation thereof. In the event that the immediate cleanup, repairs, construction, or other work performed on any premises pursuant to any provision of the law related to an emergency or pursuit to any provision of the law authorizing work on private property in order to correct, eliminate, or abate a condition upon such premises which threatens to cause, causes, or has caused a violation of any provision of this chapter or of any other requirement of the law, the user responsible for the occurrence or condition giving rise to such work, the occupant and the owner of the premises shall be liable, jointly and severally, to the city or district for such public expenditures. (Ord. 126 § 1 (part), 2009)
8.12.240 Violation—Nuisance—Declaration.
Violation of the provisions of this title or any other ordinance, rule or regulation of the district is a public nuisance. The district may cause proceedings to be brought for the abatement of the nuisance during the period of such violation. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the district to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys’ fees. Recovery of attorneys’ fees shall be limited as follows:
A. To those actions or proceedings where the city has elected to recover attorneys’ fees at the initiation of such actions or proceedings.
B. The amount of attorneys’ fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the district in the action or proceeding. (Ord. 126 § 1 (part), 2009)
8.12.250 Violation—Service disconnection—When.
As an alternative method of enforcing the provisions of this title or any other ordinance, rule or regulation of the district, the district may disconnect the user from the sewer mains and/or water mains of the district. Upon disconnection of sewerage service, the sewer services division shall estimate the cost of disconnection from and reconnection to the system and such user shall deposit the cost, as estimated, of disconnection and reconnection before such user is reconnected to the system. The district shall refund any part of the deposit remaining after payment of all costs of disconnection and reconnection. (Ord. 126 § 1 (part), 2009)
8.12.260 Violation—Services disconnection—Continuing premises habitation prohibited.
During the period of such disconnection, habitation of such premises by human beings constitutes a public nuisance, whereupon the district may cause proceedings to be brought for the abatement of the occupancy of the premises by human beings during the period of such disconnection. In such event, and as an additional condition of reconnection, there is to be paid to the district a reasonable attorneys’ fee and cost of suit arising in the action. In such action, the prevailing party shall be entitled to reasonable attorneys’ fees. The amount of reasonable attorneys’ fees awarded to the prevailing party shall not exceed attorneys’ fees incurred by the district. (Ord. 126 § 1 (part), 2009)
8.12.270 Violation—Water cutoff.
As an alternative remedy for violations of rules or regulations relating to the sewer system, the district may cause water service to the premises to be discontinued during the period of violation. (Ord. 126 § 1 (part), 2009)
8.12.280 Violation—Liability.
Any person violating any of the provisions of the ordinances, rules or regulations of the district shall become liable to the district for any expense, loss or damage occasioned by the district by reason of such violation. In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the district to abate a public nuisance, the prevailing party shall be entitled to reasonable attorneys’ fees. Recovery of attorneys’ fees shall be limited as follows:
A. To those actions or proceedings where the district has elected to recover attorneys’ fees at the initiation of such actions or proceedings.
B. The amount of attorneys’ fees in any action, administrative action, or special proceeding awarded to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the district in the action or proceeding. (Ord. 126 § 1 (part), 2009)