Chapter 13.12 WATER SYSTEM

“Business occupancy” means any building or portion thereof or a room or rooms used or occupied by a person to carry on a business, profession, trade or occupation for gain or profit.

“Charge” or “rate” means the amount of money to be paid by consumers to the City for water services or materials; “minimum charge” shall mean the charge to be paid by a consumer for each and every connection to the City water system irrespective of whether or not water is delivered through such connection to a consumer during the period for which such charge is made.

“City” means the City of Healdsburg acting by and through the City of Healdsburg public works department as operator of the City of Healdsburg water system.

“City engineer” is the City employee qualified through experience and professional licensure assigned the title of City engineer or a designee of the incumbent City engineer.

“City Manager” or “Manager” is the City Manager of the City of Healdsburg or a designee of the incumbent City Manager.

“Cross-connection” means any physical connection between the piping system from the City water service and that of any other water supply that is not, or cannot be, approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the City distribution mains.

“Customer” means any person, firm, partnership, association, corporation, company, organization, or governmental entity, whether within or without the geographic boundaries of the City of Healdsburg, who uses water supplied by the City.

“Duplex” means a single building under one roof containing only two dwelling units complete with kitchen facilities.

“Dwelling group” means a group of two or more detached or semidetached dwelling units occupying a parcel of land in one ownership and having any yard or court in common but not including motels or auto courts.

“Dwelling unit” means one or more rooms under one roof used for living purposes by one family and containing one kitchen.

“Fluoridation” means the process and result of adding fluoride or similar ingredients or compounds to water for the prevention or reduction of tooth decay.

“Fluoride” means a chemical compound (sodium fluoride or sodium silicofluoride) commonly approved and added to water in such amounts as will produce benefits in reducing dental decay.

“GPD” means gallons per day.

“Guest house” means detached living quarters of a permanent type of construction and without kitchen or cooking facilities and not to be leased or rented separately from the main dwelling.

“Hotel” means any building or portion thereof containing six or more guest rooms used or intended to be used, let or hired out, whether the compensation for hire be paid directly or indirectly.

“Mobile home” means a portable structure having no foundation other than wheels, jacks or skirtings and so designed or constructed as to permit occupancy as a dwelling.

“Mobile home park” means a site or portion of a site, which is used or intended to be used by persons living in mobile homes.

“Motel” means a group of two or more detached or semidetached buildings each containing a guest room with automobile storage space provided in connection therewith, which group is used primarily for the accommodation of transient automobile travelers and in which there are no kitchen facilities.

“Outside rates,” “outside users,” “outside consumers” and “surplus water” as used herein relate to City water delivered or distributed outside the corporate limits of the City.

“Recycled water” shall have the same definition as provided by the State Water Code, Section 13050, as amended.

“Service” or “water service” means one or more connections through which water is supplied or is available to a consumer from and out of the water system owned and operated by the City.

“Travel trailer park” means a site or portion of a site which is used or intended to be used by persons with travel trailers or vans on a transient basis.

“Water” means potable water supplied by the City water department.

“Water department” means the City Council, performing functions related to the City water services, together with City staff or other duly authorized representatives. (Ord. 1205 § 4, 2020.)

13.12.020 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.030 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.040 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.050 Certain premises to be separately metered.

Each dwelling unit and each unit of a duplex, whether inside or outside of the City, shall be separately metered. Where business premises are in separate buildings on the same lot or parcel, each such separate premises shall be separately metered. No consumer of a City utility service shall convey any part of such service from his property to a separate lot or parcel of property, whether or not the other lot or parcel of property is owned by the same consumer. Notwithstanding the foregoing, a multi-unit condominium or planned development project may be served by a single meter where service is applied and paid for by a homeowner or condominium association organized and operating as approved in the final subdivision public report issued for the project by the State Department of Real Estate. (Ord. 1205 § 4, 2020.)

13.12.060 Exceptions from separate meter requirements.

Separate meters are not required for guesthouses, dwelling groups, boardinghouses, apartment houses, hotels, motels, auto courts, trailer courts or multiple business occupancies in a single commercial building. (Ord. 1205 § 4, 2020.)

13.12.070 Meters required for water service outside City.

All water services outside the City shall be metered. (Ord. 1205 § 4, 2020.)

13.12.080 Location of meters – Additional meters.

All water meters shall be installed in the sidewalk area or at a point on the premises nearest the road or street on which the property faces. Charges for a single lateral and meter service shall be as set forth in HMC 13.12.180. Additional meters manifolded from a single lateral shall be installed by the owner at no expense to the City and such installation shall be inspected and approved by the City engineer. (Ord. 1205 § 4, 2020.)

13.12.090 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.100 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.110 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.120 Maintenance of water service connections generally.

All water service pipes and connections to water mains within the City shall be installed and maintained by the City to a point inside the curb line or sidewalk where an approved shutoff valve shall be installed as near the water meter location as possible. Existing galvanized service connections shall, if damaged or leaking, be replaced by the City upon application and payment by the owner or consumer for a new service. Any service pipe, fittings, or water meter damaged because of negligence, malicious acts or intent shall be repaired by the City and the actual cost of the repair shall be charged to the owner or consumer. (Ord. 1205 § 4, 2020.)

13.12.130 Water service outside City generally.

The City may furnish and provide surplus water to persons outside the corporate limits of the City upon application to the City on forms so provided. Meters shall be of a type approved by the City engineer. The meters shall be installed at the expense of the owner or consumer at a point on the premises nearest the road or street on which the property faces, the location and installation to be approved by the City engineer.

Any water pipe or main to be used to carry water to a consumer outside the City shall be of a type and quality approved by the City engineer and a map showing its location shall be furnished to the City upon completion of installation of the pipe. The City shall not be liable for any expense incurred in the installation or maintenance of water pipes, mains, or services outside the corporate limits of the City and the time and material cost of the connection made by the City to the City water main shall be charged to the applicant. (Ord. 1205 § 4, 2020.)

13.12.140 Tank truck water.¹

No person shall draw or consume water from any standpipe or fire hydrant for the purpose of filling a tank truck or for any other purpose without first making an application for such service with the City. The rate for water consumed under this section shall be set by a resolution of the City Council.

No person shall draw or consume water from any standpipe or fire hydrant for purposes set forth in this section without first presenting a copy of his application to the City engineer. Upon consideration of the time, in days or weeks, in which withdrawals will be made, the City engineer shall designate the standpipe or hydrant to be used and connect a water-metering device to the hydrant. The City engineer shall also provide the applicant with a hydrant wrench, such wrench to be returned to the City before settlement of all charges. The applicant shall be charged full replacement cost for loss of, damage to or failure to return hydrant wrench to the City engineer. (Ord. 1205 § 4, 2020.)

13.12.160 Purchase of equipment and supplies for maintenance of fluoridation.

The mayor and City Council shall purchase appropriate apparatus including machinery, appliances, equipment, fluoride, ingredients, compounds, and materials required for the maintenance of fluoride in the City water supply. (Ord. 1205 § 4, 2020.)

13.12.170 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.180 Schedule of rates for water service.

The City Council shall fix the rates to be charged for water service by the City, by resolution, and in so doing shall distinguish the different classes of service made available and fix rates appropriate to each class of service. Rates shall be fixed and revised from time to time with the objective that the City water distribution system shall be operated on a sound economic basis as a revenue-producing enterprise. (Ord. 1205 § 4, 2020.)

13.12.190 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.200 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.210 Reserved.

(Ord. 1205 § 4, 2020.)

13.12.220 Water shortage contingency plan.

A. Title. This section shall be known as the “water shortage contingency plan” of the City of Healdsburg and may be so cited.

B. Purpose and Intent. The purpose of this water shortage contingency plan (plan) is to establish different levels of water conservation during a water shortage resulting from a reduced supply of water such as may result from drought, water supply shortages, failures of City infrastructure, or limitations of water delivery conditions.

Nothing in this section will preclude the City Council from passing an emergency resolution for the immediate curtailment of water use by its customers due to water supply shortages and delivery limitations caused by catastrophic events and conditions, either natural or unnatural.

C. Authorization. The City Manager or his or her designee is authorized and directed to implement the applicable provisions of this section upon adoption of a City Council resolution determining that such implementation is necessary to protect the public health, safety, and welfare.

D. Application. The provisions of this plan shall apply to all customers and property served by the City’s potable water and recycled water systems.

E. Water Conservation Stages. No customer shall make, cause, use, or permit the use of water for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that use permitted by conservation Stages 2 through 6 when in effect as declared by resolution of the City Council. While in effect, the requirements of Stages 2 through 6 will supersede any conflicting sections of the Healdsburg Municipal Code.

Enactment of the restrictions and limitations required by each stage described herein shall be by City Council resolution. The City Council may, by resolution, modify the following conservation measures, require additional conservation measures, or prohibit other activities and water uses upon the recommendation of the City Manager or City engineer that such additional measures are necessary to achieve the desired overall system-wide reduction in water usage.

1. Stage 1 – Voluntary Conservation. The City Council may by resolution declare conservation Stage 1 based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 10 percent is necessary. To achieve an overall system-wide reduction goal of 10 percent, all customers of the City shall be requested to:

a. Utilize City and other sources of information regarding water efficiency, reading water meters, repairing ordinary leaks, and water efficient landscape.

b. Limit irrigation and outdoor watering to the hours of 8:00 p.m. to 7:00 a.m. to reduce evaporation losses.

c. For property with an even-numbered street address, irrigate outdoors only on even days of the month.

d. For property with an odd-numbered street address, irrigate outdoors only on odd days of the month.

e. Routinely inspect, and repair as required, all irrigation systems for leaks, and adjust spray heads to prevent overspray and runoff.

f. For irrigation valves controlling water applied to lawns, vary the minutes of run-time consistent with fluctuations in weather. Reduce minutes of run-time for each irrigation cycle if water begins to pool or run off to gutters and/or ditches before the irrigation cycle is completed.

g. Utilize water conservation incentives, as available, to replace inefficient plumbing fixtures and appliances with water efficient models.

h. Refrain from using potable water to wash sidewalks, walkways, driveways, parking lots and other hard-surfaced areas, except as may be necessary to prevent or eliminate materials that present a danger to public health and safety.

i. Refrain from washing privately owned motor vehicles, trailers, or boats except when utilizing a bucket and hose equipped with an automatic shutoff nozzle.

j. Correct and repair breaks or leaks within the customer’s plumbing or private distribution system within 72 hours after the customer discovers such break or leak or receives notice from the City of such break or leak.

k. Drinking water at food establishments and restaurants shall be provided upon a customer’s request only.

2. Stage 2 – Mandatory Compliance. The City Council may by resolution declare a conservation Stage 2 based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 20 percent is necessary. Following a declaration of conservation Stage 2 status, and to achieve an overall system-wide reduction of 20 percent, the following restrictions shall be implemented:

a. All measures in Stage 1 shall become mandatory.

b. Nonessential uses of water, including the following, are prohibited:

i. The City will not accept or approve building permits for new swimming pools or hot tubs unless the owner agrees to obtain pool water from a source other than the City’s potable water system.

ii. Refilling of a swimming pool except when topping off to prevent damage to pump and filter equipment is not allowed. Owners of pools must use a cover to minimize evaporation.

iii. Use of potable water for dust control, compaction, and other construction purposes. Only recycled water may be used for dust control, compaction, and other construction purposes as allowed by the Regional Water Quality Control Board or other governing bodies.

iv. Any other use determined by the City Manager or City engineer to be a nonessential use and inconsistent with the system-wide reduction of 20 percent.

c. Commercial car washes must reduce water usage to 80 percent of the water used by the facility during the corresponding billing period in the prior year, unless such washing facility treats and recycles wash water, in which case this provision shall not apply.

d. Irrigation and automated sprinklers and drip irrigation systems shall be limited to three days per week citywide for all customers. Allowed irrigation days shall be Tuesday, Thursday, and Saturday.

e. Nonresidential customers must reduce water usage by 20 percent of the water used by the customer during the corresponding billing period in the prior year.

f. Hotel and lodging businesses must post appropriate signage in facilities stating that washing of linens is available only upon request and reduce excessive water use.

3. Stage 3 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 3, based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 30 percent is necessary. Following a declaration of conservation Stage 3 status, and to achieve an overall system-wide reduction of 30 percent, the following restrictions shall be implemented:

a. Any activities prohibited during conservation Stages 1 and 2 shall be prohibited.

b. Irrigation and automated sprinklers shall be limited to two days per week citywide for all customers. Allowed irrigation days will be Tuesday and Friday.

c. Planting any new landscaping, except for designated drought-resistant landscaping prescribed by the City engineer or designated representative, shall be prohibited.

d. Installation of new annual plants, vegetables, flowers, or vines shall be prohibited citywide, including in new developments. Plantings necessary to improve or maintain water quality requirements, such as low-impact development (LID) requirements, rain gardens, creek restoration, or similar, may be approved by the City engineer.

e. Nonresidential customers must reduce water use for nonresidential customers by 30 percent of the water used by the customer during the corresponding billing period in the prior year.

f. Residential customers may not use in excess of 400 cubic feet (HCF) per person per month or 99 gallons of water per person per day.

4. Stage 4 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 4, based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 40 percent is necessary. Following a declaration of conservation Stage 4 status, and to achieve an overall system-wide reduction of 40 percent, the following restrictions shall be implemented:

a. Any activities prohibited during conservation Stages 1 through 3 shall be prohibited.

b. Filling and operation of decorative water features and ornamental fountains shall be prohibited.

c. Nonresidential customers must reduce water use by 40 percent of the water used by the customer during the corresponding billing period in the prior year.

d. Residential customers may not use in excess of 300 cubic feet (HCF) per person per month or 74 gallons of water per person per day.

e. Notwithstanding the 40 percent reduction for nonresidential customers and reduced water usage by residential customers, all day and nighttime irrigation by use of overhead or spray sprinkling is prohibited unless the water used is recycled water. This prohibition shall not apply to drip irrigation systems using manual or automatic time-controlled water application.

f. Irrigation of any ornamental lawn (residential, commercial, or industrial) with water, at any time of day or night, shall be prohibited.

5. Stage 5 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 5, based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of 50 percent is necessary. Following a declaration of conservation Stage 5 status, and to achieve an overall system-wide reduction of 50 percent, the following restrictions shall be implemented:

a. Any activities prohibited during conservation Stages 1 through 4 shall be prohibited.

b. Irrigation and automated sprinklers and drip irrigation systems shall be prohibited citywide for all customers unless supplied by recycled water.

c. Nonresidential customers must reduce water usage by 50 percent of the water used by the customer during the corresponding billing period in the prior year.

d. Residential customers may not use in excess of 200 cubic feet (HCF) of water per person per month or 50 gallons per person per day.

e. New construction must offset new demand by a ratio of one to one prior to receiving a temporary or permanent certificate of occupancy. Connection of affordable housing is exempt from this requirement.

6. Stage 6 – Mandatory Compliance. The City Council may, by resolution, declare a conservation Stage 6, based on water supply and delivery projections by the City Manager or City engineer that an overall system-wide reduction of greater than 50 percent is necessary. Following a declaration of conservation Stage 6 status, the following restrictions shall be implemented:

a. Any activities prohibited during conservation Stages 1 through 5 shall be prohibited.

b. Nonresidential customers must reduce water usage by at least 60 percent of the water used by the customer during the corresponding billing period in the prior year.

c. Residential customers shall not use in excess of 40 gallons per person per day.

d. New construction must offset new demand by a ratio of two to one prior to receiving a temporary or permanent certificate of occupancy. Connection of affordable housing is exempt from this requirement.

F. Exceptions and Application Procedures for Exceptions. Any customer may make written application to the City engineer for an exception to the regulations and prohibitions described in this section. The application shall describe in detail why the applicant believes an exception is justified.

1. The City engineer may grant exceptions to the provisions of this section upon finding and determining that failure to do so would cause an emergency condition affecting the health, sanitation, fire protection or safety of the applicant or public; or cause an unnecessary and undue hardship on the applicant or the public, including but not limited to adverse economic impacts, such as loss of production or jobs.

2. Decisions of the City engineer may be appealed to the City Manager or his or her designee by submission of a written appeal to the City Clerk within seven calendar days of the date of the decision by the City engineer. The City Manager or his or her designee shall issue a determination in writing. The City Manager may grant or deny the appeal in full or may impose any conditions the City Manager determines to be just and proper. The City Manager’s decision shall be final.

G. Violation/Enforcement.

1. Any violation of any provision of this plan is hereby declared to be a public nuisance and shall be subject to enforcement in accordance with the provisions of Chapter 1.12 HMC, including without limitation the imposition of administrative penalties, notice and hearing requirements and appeals procedures.

2. Any violation of the provisions of this section shall be deemed an infraction.

3. In addition to the enforcement remedies provided in Chapter 1.12 HMC, upon a violation of any provision of this section, the City engineer may authorize the installation of a flow-restricting device on the services line to the property(ies) in violation, and the cost of installation of such a device shall be charged to the person(s) or entity(ies) responsible for payment of water service charges or a lien against the affected property(ies).

4. In addition to the enforcement remedies provided in Chapter 1.12 HMC, upon a continued violation of any provision of this section, the City engineer may authorize the termination of water service to the property(ies) in violation. The cost of terminating and restoring service shall be charged to the person(s) or entity(ies) responsible for payment of water service charges or a lien against the affected property(ies).

H. Additional Enforcement Remedy. Before either installing a water restrictor or terminating water service, the City shall give written notice to the person responsible for the service connection to be either restricted or terminated of its intention to do so. The person or persons to whom notice is given shall have five business days from the date of service of the notice to request a hearing before the City Manager or his or her designee in order to present any and all evidence they may have as to why a restrictor should not be installed or service terminated.

If a hearing is requested, the City Manager, or his or her designee, shall schedule a date and time for said hearing as soon as possible after the request is filed, but not later than five business days after the filing of such request for hearing. At the hearing, the person whose service connections are to be restricted or terminated and the utilities personnel may offer evidence. The City Manager, or his or her designee, shall make a final determination as to whether service should be restricted or terminated and under what conditions. (Ord. 1213 § 1 (Exh. A), 2022.)

13.12.230 Water charges – To be lien upon premises.

Each charge or rental levied pursuant to this chapter on property within the City shall be a lien upon the corresponding lot, land or premises served by a connection to the City water system. (Ord. 1205 § 4, 2020.)

As to motor vehicle and traffic generally, see HMC Title 10.