Chapter 13.08 WATER USE

For the purpose of this chapter, all words used in this chapter in the present tense shall include the future; all words in the plural number shall include the singular number; and all words in the singular number shall include the plural number. (Ord. 89-06 § 2, 1989)

13.08.030 Water system.

The city will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving and distributing water for public and private uses, including all parts of said system, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment. (Ord. 89-06 § 2, 1989)

13.08.040 Pressure conditions.

All applicants for service connections or water service, by accepting such service, are deemed, and consent, to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and to hold the city harmless from any damages arising out of low pressure or high pressure conditions or interruptions in service. (Ord. 89-06 § 2, 1989)

13.08.050 Tampering with city property.

No one except an employee or representative of the city shall at any time in any manner operate the curb cocks or valves, main cocks, gates or valves of the city’s system; or interfere with street mains or other parts of the water system. (Ord. 89-06 § 2, 1989)

13.08.060 Ruling final.

All rulings of the council shall be final. All rulings of the water superintendent shall be final unless appealed in writing to the council within five days. When appealed, the council’s ruling shall be final. (Ord. 89-06 § 2, 1989)

Article II. Definitions

13.08.070 Definitions.

Certain words and phrases are defined in this action to clarify their use in this chapter. When a clarification is not given, or where a question of interpretation arises, the definition that shall continue is the normal meaning of the word within the context of its use.

1. “City” means city of Hughson.

2. “Council” means the city council of the city.

3. “Water department” means the public works department of the city performing functions related to the city water service together with the public works department, the billing clerk and other authorized representatives.

4. “Distribution mains” mean water lines in streets, highways, alleys, and easements used for public and private fire protection and for general distribution of water.

5. “Service or service connection” means the pipeline and appurtenant facilities such as the curb stop, meter and meter box, if any, all used to extend water service from a distribution main to premises. Where services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

6. “Public fire protection service” means the service and facilities of the entire water supply, storage and distribution system of the city, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

7. “Regular water service” means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor.

8. “Temporary water service” means water service and facilities rendered for construction work and other uses of limited duration, and the water available therefor.

9. “Private fire protection service” means water service and facilities for building sprinkler system, hydrants, hose reels and other facilities installed on private property for or fire protection and the water available therefor.

10. “Standby service” means a connection to a city water line that is not normally used on a regular basis.

11. “Premises” means a lot or parcel of real property under one ownership, except that each dwelling unit, whether or not separate, and any other separate structure under one roof, shall be deemed separate premises. However, motels, office buildings, and structures of like nature may be classified by resolution of the city council as a single premises.

12. “Cross-connection” means any physical connection between the piping system from the city 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.

13. “Owner” means the person owning the fee, or the person in whose name the legal title to the property appears, by deed duly recorded in the county recorder’s office, or the person in possession of the property or buildings under claim of, or exercising acts of ownership over same for himself, or as executor, administrator, guardian or trustee of the owner.

14. “Person” means any individual, firm, company, partnership, association and private or public or municipal corporations, the United States of America, the state of California, districts and all political subdivisions and governmental agencies.

15. “Cost” means the cost of labor, material, transportation, supervision, engineering and all other necessary overhead expenses.

16. “Dwelling unit” means a building or structure or any portion thereof occupied, or designated for occupancy by, one or more persons comprising a single-family unit. (Ord. 89-06 § 2, 1989)

Article III. Notices

13.08.080 Notices to customers.

Notices from the city to a customer will normally be given in writing, and either delivered or mailed to him at his last known address. Where conditions warrant and in emergencies, the city may resort to notification either by telephone or messenger. (Ord. 89-06 § 2, 1989)

13.08.090 Notices from customers.

Notice from a customer to the city may be given by him or his authorized representative in writing (1) at the city’s operating officer, (2) to the water superintendent, or (3) to an officer or agent duly authorized by the council to receive notices or complaints. (Ord. 89-06 § 2, 1989)

Article IV. Water Department

13.08.100 Creation.

A water department is created and the following positions are established, to wit: water superintendent and billing clerk. The same person may be appointed to both of these positions and the director of public works of the city may be appointed to fill these positions. Appointments shall be made to serve at the pleasure of the council. (Ord. 89-06 § 2, 1989)

13.08.110 Water superintendent – Duties.

The water superintendent shall regularly inspect all physical facilities related to the city water system, to see that they are in good repair and proper working order, and to note violations of any water regulations. He shall promptly report any violation or disrepair to the council. If the work required is in the nature of an emergency, he shall take whatever steps are necessary to maintain service to consumers pending action by the council. He shall supervise all repair or construction work authorized by the council, and perform any other duties prescribed elsewhere in this ordinance or which shall be hereafter prescribed by the council. (Ord. 89-06 § 2, 1989)

13.08.120 Billing clerk – Duties.

The billing clerk shall compute, prepare, and mail bills as prescribed in this chapter, make and deposit collections, maintain proper books of account, collect, account for, and refund deposits, do whatever else is necessary to set up and maintain an efficient and economical bookkeeping system, and perform any other duties now or hereafter prescribed by the council. (Ord. 89-06 § 2, 1989)

13.08.130 Performance of duties.

The foregoing duties of water superintendent and billing clerk may be performed by existing city personnel or by an additional employee or employees. (Ord. 89-06 § 2, 1989)

Article V. Application for Regular Water Service Where No Main Extension Required

13.08.140 Application for water service.

Application for regular water service, where no main extension is required, shall be made upon a form provided by the city. (Ord. 89-06 § 2, 1989)

13.08.150 Undertaking of applicant.

Such application will signify the customer’s willingness and intention to comply with this and other ordinances or regulations relating to the regular water service and to make payment for water service required. (Ord. 89-06 § 2, 1989)

13.08.160 Payment for previous service.

An application will not be honored unless payment in full has been made for water service previously rendered to the applicant by the city. (Ord. 89-06 § 2, 1989)

13.08.170 Installation of services.

Regular water service will be installed at the location desired by the applicant of the size determined by the water department. Service installations will be made only to property abutting on public streets or abutting on such distribution mains as may be constructed in alleys or easements, at the convenience of the water department. Services installed in new subdivisions prior to the construction of streets or in advance of street improvements must be accepted by the applicant in the installed location. (Ord. 89-06 § 2, 1989)

13.08.180 Changes in customer’s equipment.

Customers making any material change in the size, character or extent of the equipment of operations utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the city written notice of the nature of the change and, if necessary, amend their application. (Ord. 89-06 § 2, 1989)

13.08.190 Connection charges.

Where no main extension is required, there is established a connection charge, which shall be paid to the city prior to issuance of a building permit or connection permit, the amount of which shall be fixed, from time to time, by resolution of the city council for each dwelling unit or other building, structure, or separate occupancy to be provided water service, whether or not separate connections for such units are required. (Ord. 89-06 § 2, 1989)

Article VI. Application for Regular Water Service When Main Extension Required

13.08.200 Main extensions.

The following rules are established for making main extensions:

A. Determination. Upon receipt of any application for water service or request for an application form, the water superintendent shall determine whether in his judgment a main extension is necessary to provide service. A main extension shall be installed in the manner provided in this article whenever, in the judgment of the water superintendent and the council, such main extension is reasonably necessary to provide regular water service to property described in such application or request.

B. Application. Any owner of one or more lots or parcels or subdivider of a tract of land where, in the opinion of the water superintendent, one or more main extensions are required, desiring regular water service to serve such property, shall make a written application therefor to the city, said application to contain the legal description of the property to be served and tract number therefor, and any additional information which may be required by the city, and be accompanied by a map showing the location of the proposed connection.

C. Investigation. Upon receipt of the application, the water superintendent shall make an investigation and survey of the proposed extension and submit his opinion and the estimated cost thereof to the council.

D. Ruling. The council shall thereupon consider such application and report and, after such consideration, reject, amend or approve the application.

E. City Lines. All extensions thus provided for, in accordance with these regulations, shall be and remain the property of the city.

F. Dead-End Lines. No dead-end lines shall be permitted, except as recommended by the water superintendent and approved by the council. In cases where, subsequent to the approval of a dead-end line by the council, another dead-end line is planned in sufficient proximity to make connection feasible, and such connection is recommended by the water superintendent and approved by the council, the dead-end lines shall be connected. In cases where circulation lines are necessary, they shall be designed and installed by the water department as a part of the cost of the extension.

G. Extent and Design. All main extensions may, at the discretion of the council, extend to the far property line of developed property. If additional property is developed on the same lot after installation of a main extension, the main extension may be extended to the far property line of the additionally developed property. All main extensions shall be subject to design approval by the water superintendent and council. (Ord. 89-06 § 2, 1989)

13.08.210 General.

All main extensions and house connections shall be installed by the applicant at his own expense with installation made to city standards and city design and all extensions so made shall be inspected by the water superintendent. (Ord. 89-06 § 2, 1989)

13.08.220 Connection charges.

Where a main extension is required, including new subdivisions governed by Article VII of this chapter, there is established a connection charge which shall be paid to the city prior to the issuance of a building permit or connection permit, the amount of which shall be fixed, from time to time, by Resolution of the city council, for each dwelling unit or other building, structure, or separate occupancy to be provided water service, whether or not separate connections for such units are required. (Ord. 89-06 § 2, 1989)

Article VII. Subdivisions

13.08.230 Application.

A person desiring to provide a water system within a tract of land which he proposes to subdivide, shall make written application therefor. The application shall state the number of the tract, the name of the subdivision and its location. It shall be accompanied by a copy of the tentative map, and of the plans, profiles and specifications for the street work and sanitary and storm sewer work therein. (Ord. 89-06 § 2, 1989)

13.08.240 Investigation.

Upon receiving the application, the water superintendent shall make an investigation and survey of the proposed subdivision and shall report his findings to the council including a recommendation as to the facilities required and the estimated cost of the proposed water system therefor. To assist the water superintendent in making said investigation and report, the council may engage the services of a consulting engineer. The size, type, and quality of materials shall be in accordance with the city’s water distribution system standards and specifications in effect at the time of application. (Ord. 89-06 § 2, 1989)

13.08.250 Specification and construction.

Location of the lines and their design shall be specified by the water department and shall be constructed by the subdivider at his expense. The actual construction is to be made by a licensed contractor, supervised and inspected by the water superintendent. Fire hydrants of steamer type or better shall be located at intervals of 500 feet along the distribution main. (Ord. 89-06 § 2, 1989)

13.08.260 Property of city.

All facilities shall be the property of the city and shall be conveyed to the city by a proper instrument in writing at the time the application is submitted to the city, including all necessary easements and rights-of-way. (Ord. 89-06 § 2, 1989)

13.08.270 Connections.

The subdivider shall, at his cost, provide all connections to houses or structures constructed by him, as provided in this chapter and in the city’s water distribution system standards and specifications in effect at the time of the application. (Ord. 89-06 § 2, 1989)

13.08.280 Costs and expenses.

All costs and expenses incurred by the city under this article, including the cost of investigation, inspection and consulting engineer’s services, shall be paid to the city by the subdivider prior to approval of the application. (Ord. 89-06 § 2, 1989)

13.08.290 Further requirements.

In granting an application, the council may make whatever further requirements may appear to it to be necessary. (Ord. 89-06 § 2, 1989)

13.08.300 Connection charges.

There is established a connection charge which shall be paid to the city prior to issuance of a building permit, or connection permit, the amount of which shall be fixed, from time to time, by resolution of the city council. (Ord. 89-06 § 2, 1989)

Article VIII. General Use Regulations

13.08.310 Water use limitations.

City water shall be limited in use to domestic, commercial, or industrial use including normal yard upkeep only. The use of city water for extensive irrigation is prohibited. (Ord. 89-06 § 2, 1989)

13.08.320 Number of services per premises.

The applicant may apply for as many services as may be reasonably required for his premises; provided, that the pipe line system for each service be independent of the others and that they not be interconnected; and provided further, that larger service lines may be required by the council at their discretion for purposes of insuring adequate service pressures. The cost of all services shall be borne by the applicant. There will be a separate connection charge for each service. (Ord. 89-06 § 2, 1989)

13.08.330 Supply to separate structures or dwelling units.

Each dwelling unit, house, or other structure for which application for water service is hereafter made which fronts on a public street or private road shall have a separate service connection. (Ord. 89-06 § 2, 1989)

13.08.340 Water conservation and prohibition on water waste.

A. Purpose and Intent. The city finds that water is an important and limited resource which all residents of the city of Hughson should conserve and avoid wasting. The purpose of this section is to establish conservation measures for all residents of the city to follow in using water as well as prohibit the wasting of water.

B. Waste of Water Prohibited. No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, the city may discontinue the services if such conditions are not corrected within five days after giving the customer written notice.

C. Outdoor Use of Potable Water. In accordance with the other restrictions identified herein, the following are the requirements and restrictions set for outdoor watering:

1. Irrigation of all exterior landscaping including, but not limited to, turf areas, open ground, crops, trees, grass, lawn, ground cover, shrubbery, or decorative plantings using an irrigation system, hose, or outdoor potable water faucet shall be allowed only three days a week as follows:

a. Odd-numbered addresses: Wednesdays, Fridays and Sundays between the hours of 12:00 midnight and 12:00 noon, and 7:00 p.m. and 12:00 midnight.

b. Even-numbered addresses: Tuesdays, Thursdays and Saturdays between the hours of 12:00 midnight and 12:00 noon, and 7:00 p.m. and 12:00 midnight.

c. Watering by hand (with cans, wands, handheld hoses) is allowed on days as per address.

2. Vehicle, equipment or boat washing is permitted on days and times as per address as set forth in subsections (C)(1)(a) and (b) of this section providing a handheld, automatic shut-off nozzle hose and bucket are used, and minimal runoff occurs, and is limited to one washing per week.

3. Outdoor irrigation or vehicle, equipment or boat washing between the hours of 12:00 noon and 7:00 p.m. is prohibited at any time.

4. Commercial and fleet vehicle washing facilities are exempt from the preceding restrictions.

D. Water Using Equipment and Devices.

1. All evaporative coolers shall be equipped with operating recirculation pumps.

2. Decorative fountains, ponds, and other water displays shall be equipped with operating recirculation pumps, and shall not be operated during any water rationing emergency.

3. Automatic shut-off devices, such as a hose sprayer, shall be required on all handheld water devices.

E. Maintenance of Water Using Devices.

1. All irrigation systems, irrigation controllers, hoses, sprinklers, sprinkler heads, fountains, pools, connections, plumbing, and other water conveyance devices shall be maintained in good condition so as to prevent leakage, or unscheduled or unpermitted discharges of water or the unnecessary or excessive consumption of water.

2. All irrigation systems, controllers, sprinklers, and sprinkler heads shall be properly designed, maintained, and adjusted as frequently and completely as necessary to prevent the runoff of water beyond turf and landscaped areas, and to prevent runoff onto driveways, walkways, sidewalks, paths, curbs, gutters, streets, vehicles, buildings, fences, or adjacent properties.

3. All repairs necessary to comply with these provisions shall be completed within 24 hours after notification by the city of a violation.

F. Emergency Restrictions.

1. The city council may declare a water shortage emergency by resolution following a public hearing and upon finding that additional water use restrictions are necessary for the immediate protection of health and safety or are required by state law.

2. While a water shortage emergency declaration is in effect, all water conservation and waste restrictions in this section shall remain in effect and the following activities shall be prohibited:

a. The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;

b. The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;

c. The application of potable water to rinse down/off driveways and sidewalks;

d. The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system;

e. Outdoor irrigation of lawns, ornamental landscapes, or turf with potable water shall only be allowed between the hours of 7:00 p.m. and 8:00 a.m. on the days allowed as set forth in subsections (C)(1)(a) and (b) of this section.

3. While a water shortage emergency declaration is in effect, the city council may by resolution prohibit additional activities, including, but not limited to, further restricting the days on which irrigation of outdoor landscapes is allowed, upon proper findings as required by subsection (F)(1) of this section.

4. A water shortage emergency declaration shall remain in effect until the city council finds and declares by resolution that the water shortage emergency condition has abated, has changed in degree, or no longer exists.

5. Use of private wells shall be limited to the same use restrictions as that of the city water supply system.

6. Use of untreated, raw water from a non-city provider shall not be subject to these restrictions.

G. Reporting Violations. A person’s name is kept confidential when they report a watering restriction. You can report violations in many ways; it helps to leave an exact address and the date and time of the violation. Anonymous reports of water use violations will not result in any notice of violation unless the infraction is witnessed by the code enforcement officer or other designated city staff.

H. Penalties for Violations. A violation of any provision of this section is an infraction as specified under Chapter 1.12 HMC (General Penalty). In addition, persons cited for violations of this section may be required to pay for the installation of one or more of the following devices:

1. On automatic sprinkler systems, a moisture sensor may be required, when determined by the city. This is a probe placed in the ground that determines when the soil needs water and then turns on the sprinkler.

2. Drip irrigation systems.

3. Flow restriction devices for showers, and sinks.

4. Low-flow toilets.

5. Other water regulation or control devices.

I. Variances.

1. The following circumstances may qualify for a variance to be issued by the city, at the sole discretion of the city, from portions of the water use restrictions:

a. Irrigation of new lawns and landscaping may be every day of the week for a 14-day establishment period, or until the second mowing; however, such irrigation is still prohibited between the hours of noon and 7:00 p.m. An approved variance must first be issued by the city prior to any deviation in the irrigation schedule set forth in subsections (C)(1)(a) and (b) of this section.

b. An automatic system equipped with a moisture sensor approved by the city which effectively limits both the watering times and watering quantities in a manner deemed by the city to provide more effective water conservation measures.

c. Multi-property system maintenance. Owners of multiple non-residential properties, including commercial, industrial, and municipal uses, may apply for a variance to the normal watering schedule dates, based on providing evidence that an alternate schedule will provide the equivalent water conservation measures.

d. Other circumstances determined by the community development director to be in the best interests of the city.

2. All requests for variances shall be applied for on a form provided by the city, and a non-refundable fee shall be paid for the processing of the variance application form. The city may condition the terms of any variance. The city may revoke any existing variance, or deny the issuance of a variance to any applicant found to be in violation of any water use restriction provision or variance condition. All variance decisions by the city manager shall be final. (Ord. 17-06 § 1, 2017; Ord. 15-06 §§ 1 – 4, 2015; Ord. 14-04 § 1, 2014; Ord. 04-13 § 1, 2004; Ord. 89-06 § 2, 1989)

13.08.350 Responsibility for equipment on customer’s premises.

All facilities installed by the city on private property for the purpose of rendering water service shall remain the property of the city and may be maintained, repaired or replaced by the water department 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 said facilities on private property. No persons 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 reading of a meter where installed. (Ord. 89-06 § 2, 1989)

13.08.360 Damage to water system facilities.

The customer shall be liable for any damage to the city-owned customer water 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 city shall be reimbursed by the customer for any such damage promptly on presentation of a bill. (Ord. 89-06 § 2, 1989)

13.08.370 Control valve on the customer property.

The customer shall provide a valve on his side of the service installation as close as is practicable to the street, highway, alley or easement in which the water main serving the customer’s property is located to control the flow of water to the piping on his premises. The customer shall not use the service curb stop to turn water on and off for his convenience. (Ord. 89-06 § 2, 1989)

13.08.380 Cross-connection control.

A. Purpose.

1. The city council declares that the purpose of this section is to protect the public water supply against actual or potential cross-connections by:

a. Requiring abandonment of private wells before premises connect to city water supply or by isolating within the premises contamination or pollution that may occur because of some undiscovered or unauthorized cross-connection on the premises;

b. To eliminate existing connections between drinking water systems and other sources of water that are not approved as safe and potable for human consumption;

c. To eliminate cross-connection between the drinking water systems and other sources of water or process water used for any purpose whatsoever which jeopardize the safety of the drinking water supply;

d. To prevent the making of cross-connections in the future;

e. To encourage the exclusive use of public sources of water supply;

f. To protect the drinking water supply within the premises where plumbing defects or cross-connections may endanger the drinking water supply available on the premises.

2. This section is to be reasonably interpreted. It is the intent of this section to recognize that there are varying degrees of hazard and to apply the principle that the degree of protection should be commensurate with the degree of hazard.

B. Definitions. For the purpose of this section, the following words and phrases shall have the meaning respectively ascribed to them by this section:

1. “Air-gap separation” means a physical break between a supply pipe and a receiving vessel. The air-gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel. Supply pipes less than one-inch diameter shall have a minimum air-gap of one inch.

2. “Approved” as used in this chapter in reference to air-gap separation, a double check valve assembly, or a reduced pressure principle backflow prevention device or method, means as approved by the Stanislaus County health officer and the city.

3. “Approved double check-valve assembly” means an assembly of two independently acting, approved check valves, including tightly closing shut-off valves on each end of the check-valve assembly and suitable connections available for testing the watertightness of each valve. To be approved these devices must be readily accessible for maintenance and testing and in no case shall be less than 12 inches above the flood level of the surrounding ground or floor and in a location where no part of the assembly will be submerged.

4. “Approved reduced pressure principle backflow prevention device” means a device incorporating two or more independently acting, approved check valves and an automatically operating differential relief valve located between the two checks, two shut-off valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere thereby providing an air-gap in the device. To be approved, these devices must be readily accessible for maintenance and testing and installed not less than 12 inches above the flood level of the surrounding ground or floor in a location where no part of the valve will be submerged.

5. “Approved water supply” means any water supply approved by, or under the public supervision of a public health agency of the state or Stanislaus County.

6. “Auxiliary water supply” means a water supply originating on the premises that is used exclusively for fire protection or irrigation and is not connected in any manner to the domestic supply system on the premises. An auxiliary supply shall be a water supply that has been developed exclusively for the purpose of either fire protection or irrigation or both.

7. “City” means the city of Hughson acting through the city manager or his designated representatives.

8. “Cross-connection” means any physical connections between the piping system from the city 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.

9. “Health hazard” means an actual or potential threat of contamination of a physical or toxic nature to the public potable water system or the consumer’s potable water system to such a degree or intensity that there would be a danger to health.

10. “Pollutional hazard” means an actual or potential threat to the physical properties of the water system or the potability of the public water supply but which would not constitute a health or system hazard as defined.

11. “Stanislaus County health officer” means the operating head of the Stanislaus County department of environmental health or his designated representative.

12. “System hazard” means an actual or potential threat of severe damage to the physical properties of the public potable water system, or the consumer’s potable water system, or of a pollution or contamination which would have a protracted effect on the quality of potable water in the system.

13. “Well” means any artificial excavation constructed by any method for the purpose of extracting water from, or injecting water into, the underground. This definition shall not include:

a. Oil and gas wells, or geothermal wells constructed under the jurisdiction of the Department of Conservation, except those wells converted to use as water wells; or

b. Wells used for the purpose of dewatering excavation during construction, or stabilizing hillsides or earth embankments.

C. Abandonment of Wells.

1. The owner of property upon which a private well is located shall have the well destroyed before being connected to the city water supply.

2. The standards to be followed for abandonment of wells shall be the “Well Destruction” standards, as set forth in Stanislaus County Well Ordinance 443, Section 3-310, or as subsequently revised or supplemented, which are adopted by reference.

3. Destruction of the well shall be done at customer expense. All work shall be inspected by and completed to the satisfaction of the Stanislaus County health officer and the city.

D. Protection of Public Water System at Service Connection. No water service connection to any premises shall be installed or maintained by the city unless the water supply is adequately protected in accordance with the requirements and regulations of Title 17 of the California Administrative Code and these regulations:

1. Each service connection from the public water system for supplying water to premises having an auxiliary water supply shall be protected against backflow of water from the premises into the public water system.

2. Each service connection from the public water system for supplying water to premises on which any substance is or may be handled in such fashion as to permit entry into the water system shall be protected against backflow of the substance from the premises into the public system. This shall include the handling of process water and waters originating from the public water supply system which have been subject to deterioration in sanitary quality.

3. Approved backflow prevention devices shall be installed on service connections to any premises where internal cross-connections exist. It shall be the responsibility of the water user to provide, test and maintain protective devices as required.

E. Type of Protection.

1. The protection device required shall depend upon the degree of hazard. An air-gap separation or a reduced pressure backflow prevention device shall be used where there is an existing or potential health or system hazard. A double check-valve assembly may be used where there is an existing or potential pollutional hazard.

2. The public water system shall be protected at the service connection as specified below:

a. At the service connection to any premises where there is allowed an auxiliary water supply, handled in a separate piping system with no known or easily established cross-connection, the public water supply shall be protected by an approved double check-valve assembly. When the auxiliary water supply may be contaminated, an air-gap or approved reduced pressure principle backflow prevention device shall be installed at the service connection.

b. At the service connection to any premises on which a substance that would be objectionable, but not hazardous to health, if introduced into the public water supply, is handled so as to constitute a cross-connection, the public water supply shall be protected by an approved double check-valve assembly.

c. At the service connection to any premises on which there is an auxiliary water supply where cross-connections are known to exist, the public water supply shall be protected by an approved reduced pressure principle backflow prevention device.

d. At the service connection to any premises on which a material dangerous to health or toxic substance in toxic concentration is or may be handled in such a manner as to permit its entry into the water system, the public water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the meter and all piping between the meter and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing the alternative is acceptable to both the city and the county health officer.

e. At the service connection to any sewage treatment plant, sewage pumping station, or stormwater pumping station, the public water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the meter and all piping between the meter and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle backflow prevention device, providing there are no direct connections to sewage pumps or waste lines and this alternative is acceptable to both the city and county health officer. Final decision in this matter shall rest with the State Department of Health.

f. At the service connection to hospitals, medical buildings, mortuaries and other premises where the county health officer and/or the city determines that a special hazard exists, the public water supply shall be protected by an approved reduced pressure principle backflow device.

g. Where a health or safety hazard exists on a premises by reason of any existing plumbing installation, or lack thereof, the owner or his agent shall install additional plumbing or make such connection as deemed necessary to abate the hazard and bring the plumbing system into compliance with applicable provisions of this chapter.

3. The property owner or consumer who is responsible for any protective device shall have such device inspected and tested in accordance with requirements of the city and county health department. The city shall be furnished with a copy of the test result on an annual basis July 1st. Persons testing protective devices shall be qualified and approved by the city and county department of public health.

F. Failure to Comply. Failure to comply with any part of this section may be cause for the discontinuance of water service by the city and/or the county department of public health. The city shall give notice in writing of any violations of this chapter to the property owner and consumer. If no action is taken within 10 days after such notice has been mailed or delivered in person, the city may discontinue delivery of water. If it is determined by either the city or the Stanislaus County health officer that any immediate hazard exists as a result of failure to comply, the city may immediately discontinue service to the premises. Delivery of water shall not be resumed until a protective device has been properly installed and approved as provided in this section. (Ord. 89-06 § 2, 1989)

13.08.390 Interruptions in service.

The city shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the water department. Temporary shutdowns may be made by the water department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. The city 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, strikes, riots, war or any other cause not within its control. (Ord. 89-06 § 2, 1989)

13.08.400 Ingress and egress.

Representatives from the water department 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 service. (Ord. 89-06 § 2, 1989)

13.08.410 Inspection fee.

Any person desiring to connect with the mains of the city shall pay in addition to any other charges set out in this chapter, all applicable inspection fees. (Ord. 07-07 § 1, 2007; Ord. 89-06 § 2, 1989)

13.08.420 Water coolers.

No water coolers shall be installed or operated in any premises served water by the city unless such water coolers are equipped with a recirculating pump. (Ord. 07-07 § 1, 2007; Ord. 89-06 § 2, 1989)

Article IX. Credit

13.08.430 Establishment of credit.

Each applicant for water service will be required to establish credit before receiving such service. Credit will be deemed established if the applicant meets any one of the following conditions:

A. If the applicant makes a cash deposit in the amount of twice the estimated average periodic bill for that type of service. Such estimate shall be made by the city manager, based on average bill for similar services in the last 12 months;

B. If the applicant furnishes a guarantor satisfactory to the city to secure payment of bills;

C. If the applicant has been a user of the city water system for 12 consecutive months of service by the city and during such time has paid all bills without discontinuance of water service for nonpayment thereof. (Ord. 96-05 § 6, 1996; Ord. 89-06 § 2, 1989)

13.08.440 Loss and re-establishment of credit.

Any amount due for water service, including penalties thereon, if any, that remains unpaid on the last day of the month following the month in which the bill therefor was first sent may be deducted from deposit paid pursuant to HMC 13.08.430, or collected from the guarantor, if any. The service shall be subject to discontinuance in accordance with HMC 13.08.250 et seq. until the deposit is again restored to the original amount. Any applicant who has previously been a customer of the city water system and has had his or her water service discontinued because of nonpayment of bills shall be required to re-establish his or her credit by making a cash deposit to secure payment of his or her bills in like amount as for a new applicant for service. (Ord. 02-07 § 1, 2002; Ord. 96-05 § 7, 1996; Ord. 89-06 § 2, 1989)

13.08.450 Use of deposit.

All deposits made with the city to establish credit pursuant to HMC 13.08.430 will be held by the city in a special fund and may be applied by the city in accordance with HMC 13.08.440, or may be applied to unpaid bills for water service when service is discontinued or, to the extent that there are not unpaid bills for water service upon discontinuance thereof, will be refunded without interest to the customer who has deposited the same, or, provided, that after a customer has for 12 consecutive months paid all bills prior to delinquency, the city will either refund his or her deposit without interest, or apply it to ongoing bills, at the city’s option. Notwithstanding the previous sentence, deposits made by applicants other than owners shall be refunded only on discontinuance of service. (Ord. 02-07 § 2, 2002; Ord. 89-06 § 2, 1989)

Article X. Billings

13.08.460 Billing period.

The regular billing period will be monthly or bimonthly at the option of the city. (Ord. 89-06 § 2, 1989)

13.08.470 Opening and closing bills.

Opening and closing bills for less than the normal billing period shall be prorated; provided, however, that the total period for which service is rendered is less than one month, the bill shall not be less than the monthly charge applicable. Closing bills may be estimated by the water department for the final period as an expediency measure to permit the customer to pay the closing bill at the time service is discontinued. (Ord. 89-06 § 2, 1989)

13.08.480 Payment of bills.

Bills for water service shall be rendered on or about the first of each month, and if rendered monthly shall be for the service for the month in which rendered. On each bill for water service rendered by the city, there shall be printed substantially the following: “Water Bills for Service are due by the last day of the month in which they are billed, or a 10 percent penalty shall be added. If the bill is not paid by the last day of the following month, the water service may be shut off and an additional charge shall be paid in order to have the water turned back on. When service is discontinued due to nonpayment of bills, it shall not again be resumed until payment of all charges are made. All penalties provided for in this chapter shall be paid whether or not water service is discontinued.” (Ord. 89-06 § 2, 1989)

13.08.490 Billing of separate connections combined.

Combined bills may be rendered for all service connections to the same premises. (Ord. 89-06 § 2, 1989)

13.08.500 Water use charges as lien.

Notwithstanding any other provision of this chapter, water service charges shall constitute a lien against the premises against which the charge was improved if the owner is the user and if the charge remains delinquent for a period of 60 days. Each bill for water service shall include a statement notifying the owner of the lien provided by this section. The lien provided by this section shall have no force or effect until recorded with the county recorder and when so recorded shall have the force, effect, and priority of a judgment lien and continue for three years from the time of recording unless sooner released or otherwise discharged. (Ord. 96-05 § 8, 1996; Ord. 89-06 § 2, 1989)

13.08.510 Liability for charges.

A. The property owner, as determined by the real property tax roll of the county assessor, is liable for payment of water service provided by the city either directly, through contract or permit, and shall be liable for the rates, charges and fees for that service as established by the city. In situations where someone other than the property owner occupies the property receiving the service or the property owner directs that payment for services be directed to another person, the owner of the property shall be primarily liable for payment of services, though the occupant or other person may pay the charges on behalf of the owner.

B. It is the responsibility of the owner of the real property to provide the city with the current billing address and to notify the city of any changes of address.

C. It shall be and is hereby made the duty of each property owner to ascertain from the city the amount and due dates of any rates, charges and fees for which the property owner is liable. It shall also be and is hereby made the duty of each owner liable for the rates, charges and fees to inform the city immediately of all circumstances, and of any change(s) in any circumstances which will in any way affect the applicability or the amount of any rates, charges and fees to the premises where water service is being received. (Ord. 19-01 § 2, 2019)

Article XI. Discontinuance of Service

13.08.520 Disconnection for nonpayment.

Service may be discontinued for nonpayment of bills in the following manner:

If a water bill is not paid on or before the last day of the month during which the bill is sent, then at least 15 days prior to service discontinuance, the customer will be sent a final notice informing the customer that discontinuance will be enforced if payment is not made within the time specified in the notice. A customer’s water service may be discontinued if water service furnished at a previous location is not paid for within the time fixed in this chapter for the payment of bills. If a customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off. Notwithstanding anything in this section to the contrary, the provisions of this section are inapplicable to discontinuation of residential water service for nonpayment, and the city may only discontinue residential water service for nonpayment according to the terms of the city’s residential water discontinuation policy adopted by the city council of the city of Hughson by resolution. (Ord. 20-05 § 1, 2020; Ord. 96-05 § 10, 1996; Ord. 89-06 § 2, 1989)

13.08.525 Notification service.

Users who are 65 years or older, or are dependent adults, as defined in California Welfare and Institutions Code Section 15610(b)(1) may obtain from City Hall a form requested third-party notification of impending termination for nonpayment of bills. (Ord. 96-05 § 11, 1996)

13.08.530 Reconnection charge.

The reconnection charge will be $35.00 from 8:00 a.m. to 2:00 p.m. and $65.00 after 2:00 p.m. until 5:00 p.m., Monday through Friday. Reconnection will not occur until reconnection fees have been paid to the city. Additionally, the customer must bring their account current or set up a payment plan before reconnection will be ordered. (Ord. 07-07 § 1, 2007; Ord. 05-24 § 1, 2005; Ord. 89-06 § 2, 1989)

13.08.540 Unsafe apparatus.

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers. (Ord. 89-06 § 2, 1989)

13.08.550 Fraud or abuse.

Service may be discontinued if necessary to protect the city against fraud or abuse. (Ord. 89-06 § 2, 1989)

13.08.560 Noncompliance with regulations.

Service may be discontinued for noncompliance with this chapter or any other ordinance or regulations related to the water service. (Ord. 89-06 § 2, 1989)

13.08.570 Upon vacating premises.

Customers desiring to discontinue service should so notify the water department two days prior to vacating the premises. Unless discontinuance of service is ordered by the customer the customer shall be liable for charges whether or not any water is used. (Ord. 89-06 § 2, 1989)

Article XII. Collection by Suit

13.08.580 Penalty.

Rates and charges which are not paid on or before the last day of the month in which the bill was sent, shall be subject to a penalty of 10 percent and thereafter shall be subject to a further penalty of one-half of one percent per month on the last day of each month following. (Ord. 89-06 § 2, 1989)

13.08.590 Suit.

All unpaid rates and charges and penalties provided for in this chapter may be collected by suit. (Ord. 89-06 § 2, 1989)

13.08.600 Costs.

Defendant shall pay all costs of suit in any judgment rendered in favor of city, together with a reasonable attorney’s fee for the city’s attorney. (Ord. 89-06 § 2, 1989)

Article XIII. Public Fire Protection

13.08.610 Use of fire hydrants.

Fire hydrants are for use by the city or by organized fire protection agencies. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the water department prior to use and shall operate the hydrant in accordance with instructions issued by the water department. Unauthorized use of hydrants will be prosecuted according to law. (Ord. 89-06 § 2, 1989)

13.08.620 Hydrant rental.

A charge to be prescribed from time to time by the council will be imposed for hydrant maintenance and water used for public fire protection. (Ord. 89-06 § 2, 1989)

13.08.630 Moving of fire hydrants.

When a fire hydrant has been installed in the location specified by the proper authority, the city has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the council. (Ord. 89-06 § 2, 1989)

Article XIV. Private Fire Protection and Standby Service

13.08.640 Payment of cost.

The applicant for private fire protection service not now installed shall pay the total actual cost of installation of the service from the distribution main to the customer’s premises including the cost of a detector check meter or other suitable and equivalent device, valve and meter box, said installation to become the property of the city. (Ord. 89-06 § 2, 1989)

13.08.650 No connection to other system.

There shall be no connections between this fire protection system and any other water distribution system on the premises. (Ord. 89-06 § 2, 1989)

13.08.660 Use.

There shall be no water used through the fire protection service except to extinguish fires and for testing the fire fighting equipment. (Ord. 89-06 § 2, 1989)

13.08.670 Meter rates.

Any consumption recorded on the meter will be charged at double the regular service rates except that no charge will be made for water used to extinguish accidental fires where such fires have been reported to the duly authorized fire protection agency. (Ord. 89-06 § 2, 1989)

13.08.680 Monthly rates.

The monthly rates for private fire protection shall be established by the city at the time application for such service is made. (Ord. 89-06 § 2, 1989)

13.08.690 Water for fire storage tanks.

Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the city in advance and an approved means of measurement is available. The rate for water so used shall be established by the city at the time application for such service is made. (Ord. 89-06 § 2, 1989)

13.08.700 Violation of agreement.

If water is used from a private fire service in violation of the agreement or of these regulations, the city may, at its option, discontinue and remove the service. (Ord. 89-06 § 2, 1989)

13.08.710 Water pressure and supply.

The city assumes no responsibility for loss or damage due to lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. (Ord. 89-06 § 2, 1989)

13.08.720 Standby service.

The provisions of this article dealing with private fire protection service are made applicable to standby service. (Ord. 89-06 § 2, 1989)

Article XV. Temporary Services

13.08.730 Duration of service.

Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the city. (Ord. 89-06 § 2, 1989)

13.08.740 Deposit.

The applicant shall deposit, in advance, an amount equal to $175.00 for each inch of service desired. Upon discontinuance of service, the actual cost of installing and removing the facilities required to furnish said service, exclusive of the cost of salvageable material, shall be determined and an adjustment made as an additional charge, refund or credit. If service is supplied through a fire hydrant, the applicant will be charged in accordance with the following rate schedule:

A. Flat charge per connection, for both installation and removal of service facilities, including the meter, $60.00;

B. Each additional move of facilities to another location, $20.00. (Ord. 07-07 § 1, 2007; Ord. 89-06 § 2, 1989)

13.08.750 Installation and operation.

All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions. (Ord. 89-06 § 2, 1989)

13.08.760 Responsibility for installation.

The customer shall use all possible care to prevent damage to any loaned facilities of the city which are involved in furnishing the temporary services from the time they are installed until they are removed, or until 48 hours’ notice in writing has been given to the city that the contractor or other person is through with the installation. If the facilities are damaged, the cost of making repairs shall be paid by the customer. (Ord. 89-06 § 2, 1989)

13.08.770 Temporary service from a fire hydrant.

If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the proper authority and the city. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose. (Ord. 89-06 § 2, 1989)

13.08.780 Unauthorized use of hydrants.

Tampering with any fire hydrant or the unauthorized use of water therefrom, or for any other purpose, is a misdemeanor, punishable by law. (Ord. 89-06 § 2, 1989)

13.08.790 Rates.

The rates for temporary service shall be established by the city at the time application for such service is made. (Ord. 89-06 § 2, 1989)

13.08.800 Credit.

The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit. (Ord. 89-06 § 2, 1989)

Article XVI. General Provisions

13.08.810 Pools and tanks.

When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the city prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the city’s facilities and if other consumers are not inconvenienced thereby. (Ord. 89-06 § 2, 1989)

13.08.820 Responsibility for equipment.

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 city shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, or operating or interfering with such equipment. The city shall not be responsible for damage to property caused by faucets, valves, and other equipment that are open when water is turned on either originally or when turned on after a temporary shutdown. (Ord. 89-06 § 2, 1989)

13.08.830 Installation of wells.

It shall be unlawful to install wells in the city for any purpose whatsoever without first securing the permission of the city council. (Ord. 89-06 § 2, 1989)

13.08.840 Return of water.

No person shall permit any water to be returned to wells; provided, however, that the director of public works may grant permission for such return under specific conditions which will protect the public health and safety. (Ord. 89-06 § 2, 1989)

13.08.850 Time limits on connections.

Whenever a water connection permit has been issued upon the payment of the connection charges established by this chapter, such permit shall be valid for only 365 days after the date of issuance thereof unless actual construction of the building or structure for which water service has been applied has been commenced within said period of 365 days; provided, however, that said time limit may be extended by the city council for reasonable cause. (Ord. 89-06 § 2, 1989)

Article XVII. Rates

13.08.860 Rate schedule.

Rates for water service will be established by the city council by ordinance from time to time at periodic intervals as appears necessary to maintain adequate income for service expenditures and amortization of indebtedness. Such rate schedule as changed from time to time will be published or posted by the council, and copies of this rate schedule will be made available for customer’s examination. The periodic change in rate schedule, however, will not require republication or reposting of this chapter. In addition to the established rates, there shall be charged an extra $2.00 per connection per month when there is a water cooler installed without a recirculating pump. (Ord. 09-05 § 1, 2009; Ord. 07-07 § 1, 2007; Ord. 89-06 § 2, 1989)

13.08.870 Determination of applicable rate.

Upon receipt of any application for water service, the water superintendent shall determine the applicable monthly rate. Such determination shall be final unless appealed in writing to the council within five days of notification of the rate to be charged. (Ord. 89-06 § 2, 1989)

13.08.880 Penalty for violation.

For the failure of the customer to comply with all or any part of this ordinance, and any ordinance, resolution or order fixing rates and charges of this city, customer’s service shall be discontinued and the water shall not be supplied such customer until he shall comply with the rule or regulation, rate or charge which he has violated or, in the event that he cannot comply with said rule or regulation, until he shall have satisfied the city that in the future he will comply with all the rules and regulations established by ordinance of the city and with all rates and charges of this city. In addition thereto, he shall pay the city the sum of $5.00 for renewal of his service except as otherwise provided in this chapter. (Ord. 89-06 § 2, 1989)