Chapter 8.05 WATER SERVICE

Prior history: 1966 Code §§ 6000 – 6013; 1976 Code §§ 8-1.01 – 8-1.15; Ords. 94, 111, 196, 257, 264, 302, 314, 338, 357, 371, 374, 385, 408, 421, 471, 511, 536, 559, 575, 683, 687, 690 and 710.

Article I. Interpretation and Severability

8.05.0010 Short title.

This chapter will be known and may be cited as the city of Millbrae’s “water service ordinance.” (Ord. 721, § 1).

8.05.0020 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision will not affect the validity of the remaining portions of this chapter. The city council of the city hereby declares that it would have passed this chapter or any section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Ord. 721, § 1).

Article II. Definitions

8.05.0025 Construction.

The following defined terms will have the same meaning whether used in the singular or plural. (Ord. 721, § 1).

8.05.0030 Account security deposit.

“Account security deposit” means a one-time deposit applicable to water service to premises where a service connection already exists to recover unpaid accounts and costs for damages to city water service or system. (Ord. 721, § 1).

8.05.0040 Actual cost.

“Actual cost” shall include but not be limited to: the cost of labor, fringe benefits, overtime if applicable, vehicle used charges, use of any equipment, cost of replacement parts, and overhead. (Ord. 721, § 1).

8.05.0050 After-hours service call.

“After-hours service call” means any service call requiring city personnel to go to a customer’s premises outside of the city’s regular business hours due to a customer-initiated request or problem caused by a customer or its agents. (Ord. 721, § 1).

8.05.0060 Applicant.

“Applicant” means a person or authorized agent making an application for water service. (Ord. 721, § 1).

8.05.0070 Authorized representative.

“Authorized representative” means someone who has the qualifications and experience in the water distribution system and has been designated by the public works director. (Ord. 721, § 1).

8.05.0080 Capital facilities charge.

“Capital facilities charge” means a charge, based on the number of and size of the meter connection(s), to equitably cover the value of the city’s previously installed facilities for water storage, water transmission, and/or supply facilities, but not including distribution mains, service connections and meters. The city will segregate and separately account for revenues from capital facilities charges which will be used exclusively by the city to repair or improve water storage, transmission and supply facilities. (Ord. 721, § 1).

8.05.0090 City manager.

The city manager serves as the city’s chief executive officer, supervising all city operations and departments and implementing the city council’s policies. (Ord. 721, § 1).

8.05.0100 Commercial/industrial property.

“Commercial/industrial property” means premises on which the customer is engaged in trade or industry. (Ord. 721, § 1).

8.05.0110 Cross-connection.

“Cross-connection” means any unprotected actual or potential connection between a public or a customer’s potable water system and any other source through which it is possible to introduce into any part of the potable water system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. (Ord. 721, § 1).

8.05.0120 Cross-connection prevention device.

“Cross-connection prevention device” means an approved cross-connection prevention device added to a customer’s service connection to prevent backflow or cross-connections with another source of water supply, processed water or industrial waste, sewage or other substances entering into the city’s water system. (Ord. 721, § 1).

8.05.0130 Customer.

“Customer” means a person, business, public agency, unincorporated association or other entity supplied or entitled to be supplied with water service by the city. (Ord. 721, § 1).

8.05.0140 Detector check meter.

“Detector check meter” means a meter device used to check one-way water flow on private fire service connections per city specifications. (Ord. 721, § 1).

8.05.0150 Developer.

“Developer” means an owner or agent who constructs on a parcel or group of parcels and applies for water service. (Ord. 721, § 1).

8.05.0160 Finance director.

The finance director heads, directs and oversees the finance department. (Ord. 721, § 1).

8.05.0170 Premises control valve.

“Premises control valve” means a valve, independent of the city’s facilities, located on the customer’s side of the service connection in the customer’s piping as close to the meter as practicable, the operation of which will control the entire water supply from the meter to the customer’s premises. (Ord. 721, § 1).

8.05.0180 Main extension.

“Main extension” means the addition of distribution mains beyond existing facilities, up to but not including service connections. (Ord. 721, § 1).

8.05.0190 Mains.

“Mains” means distribution and transmission pipelines located in streets, highways or rights-of-way, and public utility easements which are used to provide water service to customers. (Ord. 721, § 1).

8.05.0200 Meter box.

“Meter box” means the housing unit for the water service meter that tracks water consumption. (Ord. 721, § 1).

8.05.0210 Meter charge.

“Meter charge” means a charge for the actual cost, based on diameter size, of a water meter. (Ord. 721, § 1).

8.05.0220 Monthly or bimonthly consumption charge.

“Monthly or bimonthly consumption charge” means a monthly or bimonthly charge applied to each customer’s account based on the amount of water consumed through the meter from one meter reading to the next meter reading. This charge is adjusted from time to time by resolution of the city council and the updated charge is reflected in the city-wide fee schedule. (Ord. 721, § 1).

8.05.0230 Monthly or bimonthly water service charge.

“Monthly or bimonthly water service charge” means a monthly or bimonthly charge applied to each customer’s account based on the meter size and type of water service (residential or commercial/industrial). This charge is adjusted from time to time by resolution of the city council and the updated charge is reflected in the city-wide fee schedule. (Ord. 721, § 1).

8.05.0240 Nonresidential service.

“Nonresidential service” means water service to premises other than single-family homes, including but not limited to apartments, schools, public agencies and commercial/industrial properties. (Ord. 721, § 1).

8.05.0250 Premises.

“Premises” means a lot or parcel of real property under one ownership, except where there are well-defined boundaries or partitions such as fences, hedges or other restrictions preventing the common use of the property by the several tenants, in which case each portion shall be deemed separate premises. Apartment houses and office buildings and structures of like nature may be classified as single premises. (Ord. 721, § 1).

8.05.0260 Private fire protection service.

“Private fire protection service” means water service and facilities for sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection water. A monthly private fire protection service charge will be applied to residential and nonresidential accounts that have such a service to cover costs for the use of city’s water system and required annual inspections for cross-connection protection devices. This charge is adjusted from time to time by resolution of the city council and the updated charge is reflected in the city-wide fee schedule. (Ord. 721, § 1).

8.05.0270 Public fire protection service.

“Public fire protection service” means the service and facilities of the entire water supply, storage and distribution system of the city, except house service connections and appurtenances, including fire hydrants, and water available for fire protection by a duly organized and incorporated fire district or other public authority of the state of California. (Ord. 721, § 1).

8.05.0280 Public utility easement (PUE).

A PUE serves to provide water, sewer, electrical and gas service, cable television services and other public utilities to residents and businesses. (Ord. 721, § 1).

8.05.0290 Public works director.

The public works director is the person who heads, directs and oversees the public works department of the city, including the water system. (Ord. 721, § 1).

8.05.0300 Public works superintendent.

“Public works superintendent” means the water superintendent or other person designated by the public works director to perform the services or make the determinations permitted or required under the Millbrae Municipal Code. (Ord. 721, § 1).

8.05.0310 Residential service.

“Residential service” means water service to a residential connection that includes single-family residences, multifamily residences, mobile homes, farmworker housing, or as defined in Health and Safety Code Section 116903 as it may be amended from time to time. (Ord. 721, § 1, Amended by Ord. 805, § 1).

8.05.0320 Service connection.

“Service connection” means the terminal end of a service connection from the public water system, generally the point at which the city’s facilities connect with the customer’s facilities. In general, the city side of the service connection includes the pipeline laid from the main to the property or curb line, up to and including the meter box and meter spud fitting. The customer’s side of the service connection includes the pipeline from the meter box, control valve and other necessary or required fittings to provide water to the premises from the meter box. (Ord. 721, § 1).

8.05.0330 Service connection charge, existing service.

“Service connection charge, existing service” means a one-time charge applicable to any application for relocating the service line and/or meter. This service connection charge is based on the size of the meter and the distance of meter relocation, and includes the meter charge and the service line charge. (Ord. 721, § 1).

8.05.0340 Service connection charge, new service.

“Service connection charge, new service” means a one-time charge applicable to any application for water service to premises where a new service connection is installed. This service connection charge is based on the size of the meter, and includes an account security deposit, meter charge, service line charge, and capital facilities charge. (Ord. 721, § 1).

8.05.0350 Service line charge.

“Service line charge” means a one-time charge to cover the cost of installation of the service line. (Ord. 721, § 1).

8.05.0360 Spanner.

“Spanner” means a specified tool to be used on fire hydrants per city specifications. (Ord. 721, § 1).

8.05.0370 Standard specifications.

“Standard specifications” means a set of standard public works specifications for construction, alteration or repair of facilities within or connected to the city’s water system, as amended from time to time by the city. (Ord. 721, § 1).

8.05.0380 Subdivider.

“Subdivider” means any person who applies for or receives water service from the city and causes a water line or water service to be installed for future operation and maintenance by the city and who qualifies as a subdivider under the California Subdivision Map Act or applicable ordinances or local governments. (Ord. 721, § 1).

8.05.0390 Temporary water service.

“Temporary water service” means water service provided for construction or other uses of limited duration, i.e., less than one year, unless approved by the city, usually through a fire hydrant meter. Water consumption for this service is typically measured by a temporary meter which is issued by finance. (Ord. 721, § 1).

8.05.0400 Temporary water service connection deposit.

“Temporary water service connection deposit” means a deposit required to cover the cost of a fire hydrant meter during the term of temporary water service, which will be returned upon receipt of the fire hydrant meter in good condition. If the fire hydrant meter is not returned or damaged, the city will keep all or a portion of the deposit to replace or repair the fire hydrant meter. (Ord. 721, § 1).

8.05.0410 Water.

“Water” means potable water furnished by the city’s water system. (Ord. 721, § 1).

8.05.0420 Water division.

“Water division” means the utilities and operations division which is responsible for operation and maintenance of the city’s water system. (Ord. 721, § 1).

8.05.0430 Water service.

“Water service” means the provision of water through the city’s water system for domestic, commercial or industrial purposes. Water service applies to all types of service, including domestic, commercial, industrial or fire protection. (Ord. 721, § 1).

8.05.0440 Water system.

“Water system” means the services, facilities and available water furnished or made available by the city’s water system for domestic, commercial, and industrial purposes on a permanent basis by a connection to the city water system for the purpose of serving only one premises, customer, or person. This enterprise includes all appurtenances, lands, public utility easements, rights in land, water rights, contract rights, franchises, water mains, pumping stations, pumps, valves, hydrants, storage tanks, water supply distribution facilities and all other equipment owned by the city. (Ord. 721, § 1).

Article III. General Rules and Regulations

8.05.0450 Purpose.

This article is intended to provide rules and regulations for the construction and use of water service or water system, including installation, alteration and repair of such facilities within or connecting to the city’s water service or system. (Ord. 721, § 1).

8.05.0460 Administration of rules and regulations.

The authority of city personnel to administer and enforce the provisions of this chapter shall be vested in the following public employees who shall carry out the functions and duties assigned herein. Any rule, regulation, order, and/or determination issued by a public employee may be subject to the review and approval by, or appeal to, the city manager, as required or as appropriate. The city representatives described below are provided authority and responsibility to implement and administer this chapter:

A. The public works director shall have the authority and responsibility to exercise responsible control over the administration, regulation, operation, maintenance and enforcement of this chapter. The director shall be responsible for its interpretation and update and shall exercise supervision over public employees authorized to implement and enforce the provisions of this chapter. The director shall also have the following authority:

1. To establish reasonable standards for the design, construction, operation and maintenance of the water system;

2. To enforce the rules and regulations established in this chapter through the issuance of permits, notices of violation and cease and desist orders;

3. To establish, with the approval of the city council, reasonable charges and fees to provide for the implementation and administration of this chapter, and for the construction, operation, maintenance and administration of the water system which provides the public infrastructure necessary to accomplish the purpose and intent of this chapter;

4. To provide for the construction, expansion, extension, repair and maintenance of the water system, including the power to commission the use of consultants and contractors in the execution of these tasks, subject to the policies of the city council; and

5. To ensure that the city’s water and water system meet all federal, state, and Department of Health requirements and regulations.

B. The public works superintendent shall, under the direction of the public works director, supervise and administer the operation of the water system and enforce all rules and regulations contained in this chapter necessary to comply with the orders of the state of California Department of Health Services. The public works superintendent shall be responsible for the following:

1. To establish rules and regulations over the distribution, storage and quality of the city’s potable water and water system;

2. To review and approve applications for new or expanded connections to the water system;

3. To issue citations, notices of violations and cease and desist orders as necessary to enforce and administer the provisions of this chapter;

4. To hear appeals made by the public for any enforcement action taken by a compliance officer;

5. To issue reports to the state Department of Health Services, regional water quality control board, state Water Resources Control Board, Environmental Protection Agency, or any other agency with regulatory authority over the water system on behalf of the city for the purposes of compliance with federal and state clean water laws;

6. To maintain city records related to the construction, operation, maintenance and administration of the water system; and

7. To operate, maintain, expand, and rehabilitate the water system. (Ord. 721, § 1).

8.05.0470 Delegation of authority.

The public works director or public works superintendent may delegate assignment of certain functions, responsibilities and authorities to specific city personnel under their direct supervision for specific terms of duration, when deemed appropriate due to the absence of such official or when other administrative agencies require the assistance of subordinate staff. The city manager shall have the sole power to assign or transfer specific duties, powers and authorities on a permanent basis if deemed necessary to achieve compliance with federal and state laws. (Ord. 721, § 1).

8.05.0480 Coordination with other portions of code and severability.

This chapter is meant to function in coordination with other chapters of the Millbrae Municipal Code (“MMC”) to achieve the stated purpose and intent. Other chapters of the MMC that relate to this chapter include, but may not be limited to:

A. Chapter 1.05 MMC, Penalty Provisions.

B. Chapter 1.15 MMC, Definitions.

C. Chapter 4.65 MMC, Hazardous Materials Storage.

D. Chapter 6.20 MMC, Municipal Service.

E. Chapter 6.25 MMC, Community Preservation.

F. Chapter 8.10 MMC, Backflow and Cross-Connection Control Program.

G. Chapter 8.30 MMC, Undergrounding of Utilities.

H. Chapter 8.70 MMC, Storm Water Management and Discharge Control.

I. Chapter 9.20 MMC, Plumbing Code.

J. Chapter 9.70 MMC, Drainage Connection to Sewers.

K. Chapter 10.15 MMC, Land Subdivisions. (Ord. 721, § 1).

8.05.0490 Interpretation.

The terms and phrases used in this chapter are defined in Article II, Definitions, of this chapter. Technical and scientific terms and units of measure shall have the meaning applied by the state of California, Department of Public Health. If any ambiguity arises concerning the appropriate meaning of terminology, the intent of this chapter or interpretation of its rules, regulations or reports, the public works director shall ascertain all pertinent facts and provide a written interpretation on the intent and meaning of this chapter. (Ord. 721, § 1).

8.05.0500 Protection of water system from damage.

No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, equipment or facilities which are part of the water system. Any person violating this provision shall be subject to the penalties available in this code or under any other applicable law. (Ord. 721, § 1).

8.05.0510 Water system.

The city will furnish a water system for obtaining, conserving and distributing water for public and private uses. The delivery of water shall be made subject to any terms and conditions established by the city council of the city and in accordance with applicable law.

A. Supply. The city will endeavor to furnish the premises of each customer, so far as is reasonably possible, but cannot guarantee, a continuous, safe and potable supply of water at a reasonable pressure at the city’s water meter, and will endeavor to avoid any shortage or interruption in water service. In the event that the city is unable to provide satisfactory water service by reason of pressure fluctuations, inadequate volume of water, or intermittent supply, the city will not be liable to any customer for any damage, loss, expense, or inconvenience that may occur as a result thereof.

1. Continuity of Service.

a. Emergency Interruptions. The city reserves the right to implement temporary emergency shutdowns of or interruptions in the water system due to operational difficulties, natural catastrophes and other causes which may prevent or affect the provision of water service and the city will not be liable for any loss or damage resulting from or arising out of such interruption. The city will make all reasonable efforts to prevent interruptions in service, and when such interruptions occur, will make every effort to reestablish service with the shortest possible delay consistent with the safety of the water system, its customers, and the general public. Where an emergency interruption in service may affect a public or private fire protection system, the city will notify the fire protection agency or the affected property owner of the interruption and of the subsequent timeframe for restoration of service.

b. Scheduled Interruptions. The city, whenever it may find it necessary or convenient for the purpose of making repairs or improvements to the water system, reserves the right to implement temporary suspensions or scheduled interruptions in water service and it will not be liable for any loss or damage resulting from or arising out of such interruption. Whenever the city finds it necessary to schedule an interruption in water service, it will, when possible, notify those customers affected by the interruption, giving the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the customers consistent with reasonable operations. Repairs or improvements will be implemented as rapidly as practicable. Where a scheduled interruption in service may affect a public or private fire protection system, the city will notify the fire protection agency or affected property owner of the interruption and of the subsequent restoration of service.

2. Pressure Conditions. In the installation of all new water mains, the city will endeavor to maintain normal operating pressures of not less than twenty-five pounds per square inch (psi) nor more than one hundred fifty psi at the service connection. Notwithstanding normal operating pressures, during periods of hourly maximum demand at peak seasonal loads and periods of hourly minimum demand, pressures of twenty psi and one hundred seventy psi, respectively, will be considered reasonable. All applicants for service connections or water service shall receive such conditions of pressure and service as are provided by the distribution system at the location of the proposed service connection, and the city shall not be held responsible or liable in any way for any damages, injuries or losses arising out of low pressure or high pressure conditions or interruptions in service.

3. Quality of Water. The city will endeavor to supply safe and potable water at all times; provided, however, the city specifically disclaims and gives no warranty, express or implied, as to merchantability, fitness for purpose, chemical composition, quality, or any other matter, of water supplied. The city assumes no responsibility for loss or damage, including but not limited to personal injury, wrongful death, damage to real or personal property, and loss of profits, because of the lack of merchantability, fitness for purpose, chemical composition or quality of water supplied. The city will not be responsible for any loss or damage arising from leaks, breaks, or corrosion in or to city facilities or non-city facilities as a result of the quality of water supplied.

4. No Dead-End Lines. Dead-end water lines are not allowed in the water system due to flushing requirements necessitated by the use of chloramines by the San Francisco Public Utilities Commission. In extremely limited circumstances, and in his/her sole discretion, the public works director may allow a dead-end line if it is the only feasible way to supply water to a location and does not significantly impact or burden the city with respect to its obligations to flush the water system. In the event that the dead-end line is allowed, the dead-end line shall be provided with a fire hydrant or blow-off valve for the purpose of flushing the line.

B. Resale of Water. Except by special agreement with the city, no customer will resell any of the water supplied by the city, nor shall the city furnish water to premises other than those specified in an application for service. (Ord. 721, § 1).

8.05.0520 Authorization and fees.

No connection to the water system will be installed, altered or repaired without authorization from the city and the payment of all applicable fees and deposits are required in accordance with the current schedule of rates and fees, plus recovery of any special costs for work incurred by city. (Ord. 721, § 1).

8.05.0530 Premises control valve on the customer property.

The customer shall provide a valve on the customer’s side of the service connection as close as is practicable to the meter location to control the flow of water to the piping on the premises. The customer is prohibited from using the service connection meter stop to turn water on and off to the customer’s premises. (Ord. 721, § 1).

8.05.0540 Cross-connection prevention.

If required by public works director, all new connections to the water system are required to install protective measures, e.g., locks and cages, to protect backflow devices from being tampered with and/or vandalized. The measures shall conform to public works standard specifications and plans.

The customer is responsible for complying with all county, state and federal laws governing the separation of dual water systems and installation of cross-connection prevention devices to protect the public water supply from the danger of cross-connections. The customer is also responsible for the maintenance, annual testing, repair or replacement of the cross-connection prevention device.

The public works director or designee is authorized to immediately remove any cross-connection which he/she believes has the potential to jeopardize public health and safety and to charge the customer for any costs associated with such removal. Regulations regarding the city’s backflow and cross-connection control program are codified at Chapter 8.10 MMC. (Ord. 721, § 1).

8.05.0550 Booster device.

The city prohibits the attachment of any booster pump to a service connection on the customer’s side of the meter or the use of any other method whereby the customer’s share of available water through the main to which the meter is attached is increased beyond the amount of water which would otherwise normally be delivered through such meter. (Ord. 721, § 1).

8.05.0560 Standard specifications.

The city may from time to time adopt and update standard specifications and construction details, and/or requirements for the design, construction, and repair of water system facilities and lines, which are incorporated herein by reference. Any contractor, developer, subdivider and/or customer must comply with the applicable standard specifications for the design, construction or repair of any water system facility. (Ord. 721, § 1).

8.05.0570 Protection from damage.

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 water system. (Ord. 721, § 1).

8.05.0580 Tampering with city property.

No one except an authorized city employee or representative will, at any time, in any manner, operate or interfere with the meter stops, main or gate valves, connections, distribution mains or any other components of the water system. In addition, no person shall commit, authorize, or attempt any of the following acts:

A. Divert, or cause to be diverted, water service provided by the city in such a manner as to result in the use, flow or consumption of water that is not registered upon a water meter.

B. Make or cause to be made any connection or reconnection to water service without the authorization or consent of the public works director or his/her designated representative.

C. Prevent any water meter from accurately performing its measuring function by tampering or by other means.

D. Remove a water meter lock-out box. (Ord. 721, § 1).

8.05.0590 Responsibility for equipment on customer’s premises.

The customer will, at his or her own risk and expense, furnish, install and keep in good and safe condition all equipment on the customer’s side of the service connection that may be required for receiving, controlling, applying and utilizing water from the city’s meter box. The city shall not be responsible for any loss or damage caused by the improper act of the customer or of any tenants, agents, employees, contractors, licensees, permittees, guests or invitees in installing, maintaining, operating or interfering with such equipment. The city will not be responsible for damage to property caused by faucets, valves, and other equipment that are open when water is supplied either originally or re-established after an emergency or scheduled interruption. (Ord. 721, § 1).

8.05.0600 Responsibility for water system facilities on private property.

All water system facilities installed by the city on private property are and shall remain the property of the city, and may be maintained, repaired, replaced or removed, upon discontinuation of service, by the city without consent or interference of the owner or tenant of the property. The property owner or tenant will use reasonable care in the protection of the facilities. No payment will be made to any property owner or tenant for placing or maintaining the facilities on private property. No person will place or permit the placement of any object that will interfere with the city’s ability to freely access any city facility for maintenance, repair, or replacement. In addition, the city will not be responsible for restoring or replacing any improvements or obstacles on private property that interfere with the maintenance, repair, or replacement of city facilities. The city is not responsible for the installation or maintenance of any water lines or facilities beyond the service connection that are not owned by the city. (Ord. 721, § 1).

8.05.0610 Customer’s liability for damage to city’s property.

The customer will be liable for any damage to the water system caused by an act of the customer or his tenants, agents, employees, contractors, licensees, permittees, guests or invitees. Such damage may include, but is not limited to, damage to or destruction of locks on or near a meter, and damage to a meter from hot water or steam from a boiler. If repair or replacement of meters or any of the water system is required, as determined by the public works superintendent, the customer promptly shall reimburse the city for the total cost of such repair or replacement, including all costs of equipment, materials, labor, and overhead, upon presentation of an invoice from the city documenting such costs. (Ord. 721, § 1).

8.05.0620 Ground-wire attachments.

The customer will be liable for any damage to the water system facilities caused by the attachment of an electrical service ground-wire or wires to any plumbing, which is or may be connected to a service connection or main belonging to the city, by the customer or his/her tenants, agents, employees, contractors, licensees, permittees, guests or invitees unless such plumbing is adequately connected to a lawfully driven ground installation on the premises. Neither the city nor its officers, agents or employees will 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 water system. (Ord. 721, § 1).

8.05.0630 Changes in customer’s equipment or operations.

If a customer makes any material change in the size, character or extent of the customer’s equipment connected to the meter box, or to their operations, resulting in a material change in the use of water, the customer will immediately notify the city in writing of the nature of the change and, if necessary, amend his/her application for water service. The customer will bear the actual costs of the installation of a larger meter, and any resulting additional charges including the meter charge, service line charge, monthly service charge, monthly consumption charge, and capital facilities charge based on the changed meter size. (Ord. 721, § 1).

8.05.0640 Entry onto customer’s premises.

Representatives from the city shall have the right to enter the customer’s premises at reasonable hours for any purpose reasonably associated with the furnishing of water service by the city or at any time in emergency situations needed to protect the integrity or quality of the water system. (Ord. 721, § 1).

8.05.0650 Public utility easements.

Whether recorded or not, the city has, or has the right to obtain through eminent domain, at least a twenty-foot easement wherever its distribution main is located for purposes of maintaining, repairing and replacing it. The city will not be responsible if any permanent or unique improvements, including but not limited to vegetation, fences, paving or structures, on or within the easement area are removed or damaged in the course of the city maintaining, repairing or replacing the distribution main. (Ord. 721, § 1).

Article IV. General Water Use Regulations

8.05.0660 Monthly water charges.

All customers are responsible for paying (A) a monthly water service charge based on meter size and type of water service (residential or commercial/industrial); and (B) a monthly consumption charge per unit applied to the quantity of water that passes through the meter. The charges set forth in Attachment A, City Schedule of Rates and Fees, attached to the ordinance codified in this chapter reflect the charges in place at time of enactment of the ordinance codified in this chapter. Adjustments to these charges will take place by resolution of the city council and any updated charges will be contained in the separate city-wide fee schedule.

Water service in all cases, shall be in the name of the owner of the property. The owner of the property may authorize, in writing, that service may be billed to a second party, such as a property tenant. The owner of the property remains responsible for payment of all amounts due for water service. If the owner of the property has authorized a second party to receive billing for service, the second party must complete an application for water service and submit that form to the city. (Ord. 743, § 1, Amended by Ord. 721, § 1).

8.05.0670 Water waste.

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 service if such conditions are not corrected within the time specified in a written notice to the customer. The city’s regulations on prohibition of water waste, water-efficient landscaping and the city’s water conservation goals are set forth in Chapter 8.45 MMC. (Ord. 721, § 1).

8.05.0680 Meter requirement.

All water service will be metered and all water meters purchased by the city shall conform to American Water Works Association (AWWA) Standards C702-01, Section 3.6, and C703-96, Section 3.6. The city may request from the manufacturer or supplier verification which states that all water meters and/or components comply with all applicable requirements of this standard, and that such meters have been tested in accordance with AWWA Manual M6. Each water meter shall be synchronized so that there is no cumulative error between the internal readings on the meter-register and the external readings of the remote indicator. (Ord. 721, § 1).

8.05.0690 Meter installation.

All meters will be installed and owned by the city. Meters will be installed at the property line in a public right-of-way or within the easement or at such location as may be recommended by the public works director or the public works superintendent. If a meter is removed at the city’s request for city’s sole benefit, it will be removed at the city’s expense. In all other cases, deposits and connection fees will apply. (Ord. 721, § 1).

8.05.0700 Change in meter location.

Meters moved for the convenience of the customer will be relocated at the customer’s expense. Meters moved for the city’s convenience will be relocated at the city’s expense. (Ord. 721, § 1).

8.05.0710 Meter reading.

Meters will be read as nearly as possible on the same day monthly or bimonthly. (Ord. 721, § 1).

8.05.0720 Faulty meters – Testing.

Any customer may request that the city test the water meter serving their premises for accuracy. The city will test the accuracy of meters up to two inches in size within two weeks from the time the customer submits the request to the city. Such meters shall be tested using AWWA approved meter testing equipment. Meters larger than two inches shall require a three-to-four-week time frame to test for accuracy because these meters will need to be sent to a meter testing facility in contract with the city. Customers may request a copy of the method used to certify the accuracy of the meter and the results. Charges for these testing services set forth in Attachment A, City Schedule of Rates and Fees, attached to the ordinance codified in this chapter, reflect the charges in place at time of enactment of the ordinance codified in this chapter. Adjustments to these charges will take place by resolution of the city council and any updated charges will be contained in the separate city-wide fee schedule. (Ord. 721, § 1).

8.05.0730 Adjustment of bills for meter error.

The findings and determination of the finance director or public works director on adjustments of bills for meter errors are final, subject to appeal to the city manager in accordance with MMC 8.05.1300.

A. Meters with Fast Reading Registers. When a test reveals that a meter is registering more than two percent or greater than the actual flow under conditions of normal operation based on the AWWA M6 standards, the city will, within forty-five days, refund or credit to the customer the full amount of the overcharge based on corrected meter readings for the prior period, not to exceed six months, that the meter was in use, unless the exact duration of fast meter registration can be determined. If corrected meter readings for the prior period are not available, the city will refund to the customer the amount of overcharge based on the past average consumption for similar billing periods, not to exceed six months. The finance director or designee may elect to refund the differential immediately or to credit the customer’s account.

B. Meters with Slow Reading Registers. If testing indicates the meter is registering below the AWWA M6 standards, then the meter register will be replaced with a new register. For the period determined that the meter was registering slow, not to exceed one year, if the meter registered more than ten percent less than actual flow, the finance director shall charge that customer for past estimated average usage for similar billing periods based upon an analysis of similar type of account usage.

C. Nonregistering Meters. When a test reveals that a meter is not registering, the city may bill the customer for the estimated amount of water consumed while the meter was not registering. The finance director or designee may at their discretion determine the appropriate amount of any adjustments/refunds using analytical evidence, such as using past consumption history during the same period for the same account or similar accounts. The finance director or designee may elect to average the consumption over a period of time ranging from one or several years in order to calculate an equitable adjustment. (Ord. 721, § 1).

Article V. Special Water Use Regulations During Periods of Water
Shortages/Emergencies

8.05.0740 General.

In the event of a water shortage emergency caused by drought or other circumstance, the city may adopt any necessary chapters, rules or regulations in accordance with California Water Code Section 350-359, as amended from time to time, or such other applicable law, including the city’s general water use regulations. During any period of threatened or actual water shortage, the city shall have the right to apportion its available water supply among customers in such a manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. (Ord. 721, § 1).

8.05.0750 Enforcement of water use regulations.

In the event that the city adopts chapters, rules and regulations to address a water shortage emergency, the city’s public works director, officers and employees are authorized to enforce the water use regulations in accordance with specific remedies authorized by the city council and the Municipal Code, as well as those remedies authorized by law. (Ord. 721, § 1).

8.05.0760 No city liability.

The city shall not be liable for any shortage or insufficiency of water supply or water pressure or any loss or damage occasioned thereby. (Ord. 721, § 1).

Article VI. General Application Information

8.05.0770 Application for water service.

Each applicant for water service is required to provide the following information and will be required to sign an application form provided by the city.

The application form will set forth:

A. Date of application.

B. Name/s of applicant/s.

C. Street address of property to be served.

D. A telephone number where the applicant can be reached during work hours and during nonwork hours.

E. Address to which the bills will be mailed.

F. Applicant’s relationship to the property as owner, agent, tenant or developer. (Ord. 721, § 1).

8.05.0780 Payment for previous service.

A new application will not be honored unless payment in full has been made on water service previously rendered to that customer by the city at any premises. (Ord. 721, § 1).

8.05.0790 Account security deposit.

New applicants for water service with existing service connections may be required to pay an applicable account security deposit in advance at the time of making the application in accordance with Article XII of this chapter and Attachment A, City Schedule of Rates and Fees, attached to the ordinance codified in this chapter. (Ord. 721, § 1).

8.05.0800 New connections.

An applicant whose premises is not connected with the water system must pay the service connection charge and capital facilities charge for the purpose of joining the existing utility system before connecting to the water system. (Ord. 721, § 1).

8.05.0810 Other information.

The city may request that applicants submit other necessary information and pay any other required deposits or charges depending on the type of application for water service in accordance with this chapter. (Ord. 721, § 1).

8.05.0820 Unusual quantities of water – Special facilities.

The city shall also require a written contract with any person or customer as a condition precedent to service in any case where unusual quantities of water or construction of special facilities is or will be required. (Ord. 721, § 1).

Article VII. Regular Water Service If No Main Extension Is Required

8.05.0830 Application for regular water service and existing service connection.

Applications for regular water service if no main extension is required and a service connection exists to serve the subject premises will be made in accordance with Article VI and include completing the city’s application, payment of the applicable account security deposit and any other required fees. (Ord. 721, § 1).

8.05.0840 Application for regular water service – No service connection.

No person whose premises is not connected to the water system shall connect any premises or cause any premises to be connected with the municipal water system without first filling out an application and/or obtaining a permit from the city and paying a connection charge and other charges as set forth in Attachment A, attached to the ordinance codified in this chapter. Applications will be made in accordance with Article VI and include completing the city’s application, payment of the applicable service connection charge (which includes an account security deposit, meter charge, service line charge and capital facilities charge), and any other required fees. (Ord. 721, § 1).

8.05.0850 Evaluation of proposed regular water service.

Prior to approving any application for regular water service, the city will evaluate the impact of the proposed service on the system and the city’s ability to provide service. Typically, the size of connection and meter is dependent upon the water flow requirements for the premises including fire flow. The number and size of meters required will be determined by the community development department in cooperation with the fire department. The city will endeavor to approve the service within thirty days from the receipt of an application. (Ord. 721, § 1).

8.05.0860 New water service connections.

When the city has approved regular water service, the city will furnish and install the new service connection from the main to the meter and at such location as the city determines. The service connection will be installed from the water distribution main to the curb line or property line of the premises, which may abut on the street, on other thoroughfares, or on the city right-of-way or easement. (Ord. 721, § 1).

8.05.0870 Number of water services per premises.

The applicant may apply for as many service connections as may be reasonably required to serve the premises; provided, that the customer has separate facilities and equipment for each service connection that is independent of the others and not interconnected. The cost of all service connections shall be borne by the applicant. (Ord. 721, § 1).

8.05.0880 Water supply to separate premises.

Each premises will have at least one service connection, which includes a meter. When two or more buildings, living or business quarters are maintained upon a single premises and under a single control or management, one service connection may serve all such buildings, living or business quarters, in which case only one monthly minimum charge shall be applied and the responsibility for payment of charges for all water furnished shall be assessed by the customer having control or management over the premises. In the alternative, the customer may choose to have separate service connections to each building, or living or business quarters. However, if the premises is divided and the buildings, living or business quarters come into separate ownership, new service connections must be installed so that there are separate service connections with meters for each premises in separate ownership. (Ord. 721, § 1).

Article VIII. Regular Water Service If Main Extension or Other Water System Facilities
Are Required

8.05.0890 Necessity for a main extension or other water system facilities.

Upon receipt of any application for regular water service, the public works director will determine whether a main extension or other water system facilities are necessary to provide service to the subject premises. A main extension or other water system facilities will be installed in the manner provided in this article whenever the public works director determines it is in the best interest of the city that such main extension or facilities are necessary to provide regular water service to the premises described in the application. (Ord. 721, § 1).

8.05.0900 Application for regular water service if main extension and new service connection are required.

Any applicant that owns one or more lots or parcels of land may be required by the public works director to make a written application to the city for one or more main extensions to serve the property. Applications will be made in accordance with Article VI and include completing the city’s application and providing (A) the legal description of the property to be served; (B) a written statement from the applicable fire protection authority addressing all requirements for fire protection; (C) the tract number; (D) the plans, profiles and specifications; (E) any additional information required by the city; and (F) a map showing the desired location of the proposed service connections. The main extension application will also include payment of any applicable deposits and fees or charges, including the applicable service connection charges, capital facilities charges, and any other required fees. (Ord. 721, § 1).

8.05.0910 Application for regular water service to a new subdivision or development.

A person who proposes to subdivide or develop a tract of land will make a written application to the city for regular water service to serve the new subdivision or development. Applications will be made in accordance with Article VI and include completing the city’s application and providing the following information: the tract number; the name of the subdivision or development (if applicable); its location; the plans, profiles and specifications for the street work, sanitary and storm work and water distribution system; and a written statement from the applicable fire protection authority addressing all requirements for fire protection. The application should also include a copy of the tentative map showing property lines, streets and other dedicated rights-of-way; number and location of single-family residences to be constructed; number of units and location of apartments; number of students and location of schools; irrigation requirements; and topographic contours. The subdivision or development application will also include payment of any applicable deposits and fees or charges, including the service connection charges, capital facilities charges, and any other applicable charges or deposits set forth in Attachment A, the City Schedule of Rates and Fees, attached to the ordinance codified in this chapter or, if applicable, the development agreement, as described in MMC 8.05.0940. (Ord. 721, § 1).

8.05.0920 Review and approval of the application.

Prior to approval of the application, the public works director will investigate the proposed main line extension, service connections or other water system facilities, review the plans and specifications, and evaluate the impact of the proposed facilities on the city’s ability to provide regular water service. The public works director or designee will develop conditions of approval regarding the feasibility of providing the service; satisfaction of the criteria in this chapter, the city’s standard specifications and details, and any other applicable rules and regulations; and estimated cost of the proposed main extension or other water system facilities. (Ord. 721, § 1).

8.05.0930 Facilities – Subdivisions, tracts, or housing projects.

The city may require in-tract or off-tract improvements, dedications or facilities to be provided by the applicant for water service to a new subdivision or development. All in-tract and off-tract facilities, including easements and tank sites, must be dedicated to the city, prior to acceptance of the improvements or facilities for water service. The cost of such in-tract and off-tract facilities will be the responsibility of the applicant. All such facilities must meet city’s standard specifications and details. Examples of such facilities include but are not limited to all distribution mains, including connections to existing mains, even if outside the tract; treatment facilities; transmission facilities; service pipe lines; fittings; valves and fire hydrants; tank sites; easements; rights-of-way; storage tanks; and all things necessary and appurtenant to any of these facilities. If additional subdivision facilities, permanent or temporary, are required to provide pressure or storage for the subdivision, such facilities will be required and paid for by the applicant. (Ord. 721, § 1).

8.05.0940 Development agreement.

Prior to approval of the application, the applicant may enter into a development agreement in a form acceptable to the city and approved by the city council. The development agreement may also include provisions to ensure adequate water service for the development, which may include the design for a sufficient number of independent well systems (or other production facilities), pumping equipment and/or storage facilities; contribution to the modification of other city production and/or storage facilities; and/or participation in the construction cost of other new city production and/or storage projects or other water system facilities as described in MMC 8.05.0930. (Ord. 721, § 1).

8.05.0950 Dedication to the city.

All main extensions or other water system facilities required by MMC 8.05.0890 through 8.05.0940 will become the property of the city and upon acceptance by the city, the applicant will deed or dedicate to the city by a proper written instrument the real property and ownership rights to such facilities. The applicant will provide the city with “as-built” drawings for all dedicated facilities. The map, grant deed or other proper instrument will contain sufficient legal description of the right-of-way or easement within which any water line or system facility is installed and such written instruments will be duly recorded in the San Mateo County recorder’s office. (Ord. 721, § 1).

8.05.0960 Installation of facilities.

The city, in its discretion, may install any of the proposed main extensions, service connections or water system facilities with its own employees at the applicant’s cost. If the city installs the service connections, the applicant will be required to pay the service connection charges, and cover all costs incurred by the city relative to the installation as set forth in Attachment A attached to the ordinance codified in this chapter. If the applicant is required to install the main extension, service connections or other water system facilities, it will be at the applicant’s cost, in accordance with the city’s standard specifications and details in effect at the time of the application and any other requirements specifically identified by the city. (Ord. 721, § 1).

8.05.0970 Future development – City discretion.

The city will review and approve the size, location and configuration of all main extensions, which will be consistent with the city’s plans for future development of the water system. (Ord. 721, § 1).

8.05.0980 Dead-end lines.

No dead-end water lines will be permitted, except as approved by the public works director in extremely limited circumstances and in his/her sole discretion, if it is determined to be the only feasible way to supply water to a location and the dead-end lines will not significantly impact or burden the city with respect to its obligations to flush the water system. (Ord. 721, § 1).

8.05.0990 Construction requirements.

Upon city’s approval of the application, the applicant will contract with a contractor duly licensed in the state of California to do the proposed main extension installation work. All work and materials will comply with the city’s standard specifications and details, inspection requirements and all applicable laws and regulations. Payment and performance bonds from a California-admitted surety insurer, each in the amount of one hundred percent of the estimated construction cost, along with the required insurance coverage shall be provided by the applicant or the contractor. A maintenance bond in the amount of ten percent of the costs of the work to remain in effect two years after acceptance by the city will also be required. Pursuant to the terms of the approved applicant or development agreement, the city will have the right to inspect the work. No pipeline will be backfilled or covered without the approval of an authorized city representative. (Ord. 721, § 1).

8.05.1000 Costs and expenses.

All costs and expenses incurred by the city under this article for review of applications or plans, dedication instruments, easements, agreements or any other documents required by the application or project, will be based on actual costs, including but not limited to costs for engineering, legal and administrative services, and will be paid by the applicant in advance to the city, by depositing an amount estimated by the city to cover all such charges and costs. The applicant will be responsible for any costs in excess of the estimated deposit and will be refunded the amount by which the estimated deposit exceeds the actual costs. In the event the applicant’s original deposit is not sufficient to cover the city’s costs, the applicant shall deposit additional monies in an amount to be determined by the public works director in his/her sole discretion within five days of a request for such increased deposit. (Ord. 721, § 1).

8.05.1010 Project termination/refund.

If the installation work is not started within one year of the city’s approval of the application, as may be extended by the city council, the balance of deposited funds remaining after deducting all city costs, as determined in the city’s sole discretion, will be credited or refunded to the applicant. (Ord. 721, § 1).

Article IX. Temporary Water Service

8.05.1020 Authorization for temporary water service.

Upon application, the city, in its discretion, may authorize a temporary water service connection for construction or other limited purposes, under acceptable terms and conditions and if it is determined by the public works director that there will be no undue hardship to the water system or existing customers. Temporary service connections will be disconnected or terminated within one year unless the city grants a time extension in writing. Temporary water service typically is provided through a fire hydrant in accordance with Article X and requires a deposit to use a temporary meter. The applicant must return the temporary meter within ten business days of the termination of temporary water service. (Ord. 721, § 1).

8.05.1030 Application for temporary water service.

A person desiring a temporary water service connection will complete an application in accordance with Article VI and include a description of the location of and reasons for the temporary water service as well as a deposit. Any person who is in violation of any provision of this chapter, or who owes money to the city under this chapter, may not be granted temporary water service.

Deposits for temporary water service will be forfeited if the meter is not returned to the utility billing office or if it is returned damaged. The deposit is the cost to replace the temporary meter plus staff time to order, receive, and prepare a replacement meter. The customer shall call in the meter reading from the temporary meter to the finance department no less frequently than every month.

The public works director may require the return of the temporary meter if evidence exists that the person has violated this chapter. The finance department will bill the customer for all usage on the temporary meter. (Ord. 721, § 1).

8.05.1040 Temporary water service monthly charges.

For the duration of the temporary water service, a monthly consumption charge will be imposed. The charge set forth in Attachment A, City Schedule of Rates and Fees, attached to the ordinance codified in this chapter reflects the charge in place at time of enactment of the ordinance codified in this chapter. Adjustments to this charge will take place by resolution of the city council and any updated charge will be contained in the separate city-wide fee schedule. (Ord. 721, § 1).

Article X. Public Fire Protection

8.05.1050 Authorization to use fire hydrants for public fire protection.

The main purpose for fire hydrants connected to the water mains of the city is to furnish water to fight fires. A fire hydrant shall be opened and used only by authorized persons: all public governmental fire protection agencies, authorized public works employees, and those authorized to use temporary water service pursuant to Article IX. (Ord. 721, § 1).

8.05.1060 Unauthorized connections to a fire hydrant.

Any persons, other than those authorized in MMC 8.05.1050, who open or close a fire hydrant and cause any damage to the water system shall be liable for all damages incurred. Any person, firm or agency making a direct connection to a city fire hydrant without written permission from the public works director or finance department will be liable for and shall pay to the city an unauthorized connection to fire hydrant fee for each unauthorized connection as set forth in Attachment A, City Schedule of Rates and Fees, attached to the ordinance codified in this chapter with future adjustments to this fee reflected in the city-wide fee schedule. The person, firm or agency will also be liable to the city for any damages, including costs of lost water, and shall pay all incurred costs to repair any fire hydrant or water mains and appurtenances caused by an unauthorized connection to the fire hydrant.

Upon discovery of the unauthorized connection, the city will immediately disconnect or cause the person to disconnect the unauthorized connection. No further connection will be permitted unless authorized by the city and the perpetrator will be required to make payment in full to the city of any fees and/or damages required under this article. (Ord. 721, § 1).

8.05.1070 Moving of fire hydrants.

If a property owner or other party requests the city to change the location of a fire hydrant, that person will bear the costs of such relocation. The city must approve any change in the location of a fire hydrant and consult with any local public fire protection agency as necessary. (Ord. 721, § 1).

Article XI. Private Fire Protection Service

8.05.1080 Application for private fire protection service.

Applications for private fire protection service will be made in accordance with Article VI and include completing the city’s application. The applicant for new private fire protection service will pay the total cost of installation of the service connection from the distribution main up to the customer’s premises, including a detector check meter, cross-connection prevention device, valve and meter box. (Ord. 721, § 1).

8.05.1090 Requirements of private fire protection service.

There shall be no connections between the private fire protection system and any other water distribution system on the premises. All automatic sprinkler systems connected to the water system shall be equipped with a cross-connection protection device. The connection of the automatic sprinkler system to the city’s facilities will be made in accordance with city standard specifications and is subject to periodic inspections by appropriate authorities. (Ord. 721, § 1).

8.05.1100 Use.

There shall be no water used through the fire protection service connection except for purposes of extinguishing fires or testing the fire fighting equipment. If any water consumption occurs through a private fire protection service, the property owner shall be charged the monthly water service charge, rather than the private fire protection service charge. (Ord. 721, § 1).

8.05.1110 Violation of applicable regulations and discontinuance of service.

If water is used from a private fire protection service connection in violation of this chapter or other applicable rules or regulations of the city, the city may, at its option, discontinue or remove the service connection at the customer’s expense. The city will give fifteen days’ written notice prior to discontinuing or removing the service. The city will also notify the local public fire protection agency prior to the actual shutdown. (Ord. 721, § 1).

Article XII. Accounting, Credit and Billing Regulations

8.05.1120 Establishment and maintenance of credit – Account security deposit.

The city will require all new customers and any prior customers who have demonstrated a record of nonpayment of water bills in the manner defined below to establish and maintain credit by posting an account security deposit before service will be rendered. After eighteen months of good payment history, as determined solely by the finance director or public works director, the deposit may be credited to the account or returned to the customer.

A. New Applicant. In order to establish creditworthiness, every new applicant for utility service will pay a security deposit to the city for the purpose of establishing credit. The amount of the deposit is set forth below.

B. Previous Customer. If an applicant has had a previous account with the city, and service on that account was terminated on one occasion within a period of twelve months due to late or nonpayment of fees and charges owed to the city, a security deposit, as described in subsection A of this section, will be required.

C. Amount. The amount of the deposit will be determined by the finance director or public works director and will be equal to the average bimonthly utility billing for each class of customer, e.g., single-family residential, multifamily residential, commercial, business and industrial, based on bills for establishments of similar size and function. The required amount of deposits for each category will be revised annually, to the nearest ten dollars, and will be effective on July 1st of each year and set forth in the city-wide fee schedule.

D. Payment. The deposit may be paid in any form of payment accepted by the city before service on the new account will begin.

E. Applicability of Deposit. In the event of nonpayment of all or a portion of a bill, the deposit shall be applied to cover any unpaid charges on the account following issuance of the final bill when service is terminated.

F. Replacement or Change of Deposit. Where water service has been discontinued as a result of late or nonpayment of charges and the deposit or a portion of the deposit is used to cover overdue charges, the customer will fully restore the deposit in an amount equal to the current average bimonthly utility billing for the appropriate customer class, in addition to the payment of any other applicable fees and charges imposed by the city schedule of rates and fees, before the city reinstates service.

G. Interest on Deposit. No interest shall accrue or be paid on any amounts deposited with the city.

H. Return of Deposit. Upon permanent discontinuance of service and closing of an account, the city will refund the deposit to the customer without interest less any unpaid fees and charges due and owing the city for water service furnished to the customer’s premises prior to discontinuance of service. The finance director is authorized to return deposits or credit the account in a manner consistent with this chapter for any accounts which have been in good standing for eighteen months.

I. Bankruptcies. When the city receives notice that a customer has filed for bankruptcy, the city may apply the customer’s security deposit to cover any delinquent fees and charges the customer owes the city for water service furnished up to the date of the bankruptcy filing. The city may also enter into a new security agreement with the customer pursuant to applicable federal law, under which the city may require the restoration of the security deposit to the extent it is depleted, or the payment of a new deposit in the amount specified in the city schedule of rates and fees. The city may terminate the water service of a customer who is in bankruptcy and fails or refuses to enter into a new security agreement with the city to provide assurance of future payments and performance in instances where such is permitted under applicable federal law. (Ord. 721, § 1).

8.05.1130 Utility billing.

A. Billing Period. The regular billing period will be bimonthly, or one billing after every two months of service. The finance director is authorized to change the billing frequency from bimonthly to monthly; provided, that customers are given three months advance notice.

B. Opening and Closing Bills. If the total period for which service is rendered is less than one month, the bill shall be prorated. The city may estimate closing bills based on the record of account for the final period to permit the customer to pay the closing bill at the time service is discontinued.

C. Payment of Bills. Bills for water service will be rendered at the end of each bimonthly billing period and issued by the finance department. Payment of all water service bill charges shall be sent to the finance office as specified in the bill.

D. Persons Responsible for Payment. All water charges shall be billed to the applicant of record who requested connection to the water system or their successor in interest.

E. Separate Billing. Each meter will be billed separately in accordance with the city schedule of rates and fees.

F. Returned Customer Checks. If a customer’s check or payment is returned for nonpayment by the financial institution on which it is drawn, the customer will pay a returned check fee as set forth in the city-wide fee schedule, in addition to the amount of the dishonored check. If a customer has two checks returned for nonpayment by a financial institution in a one-year period, the customer will be required to pay his/her water bills for a one-year period commencing with the next payment by another payment method accepted by the city.

G. Uncashed City Checks. Any city check not cashed within ninety days shall be void.

H. Disputed Bills. A customer must notify the city in writing of any dispute as to the correctness of a water service bill, and request an investigation or an extension for the payment period, within seven days of receiving the disputed bill or any initial notice of termination of water service. The finance director or designee may meet with the customer in person or by phone at the customer’s request to investigate and resolve the dispute. If, following the meeting with the finance director or designee, the customer’s dispute is not resolved in a manner satisfactory to the customer, the customer may appeal the dispute to the city manager in accordance with the procedure set forth in MMC 8.05.1300. (Ord. 721, § 1).

8.05.1140 Amortization agreements with residential customers.

The finance director, in his/her discretion, may authorize an agreement with a customer to amortize the payment of any bill where the customer can demonstrate satisfactorily that payment of the full bill will cause undue hardship. The finance director may determine the amortization period, which will not exceed twenty-four months. During the amortization period, the customer must pay all current bills in full plus the amortized past due amount. The city may not terminate water service for nonpayment if the customer fully complies with the amortization agreement. (Ord. 721, § 1).

8.05.1150 Adjustments.

The finance director is authorized to establish and implement, in his/her discretion for any customer, a one-time adjustment of a bill due to unusual circumstances. (Ord. 721, § 1).

8.05.1160 Payment methods.

The finance director may, from time to time, adopt various payment methods that are accepted by the city. (Ord. 721, § 1).

8.05.1170 Commencement of water charges.

Following connection to the water system, water charges shall become effective against the premises of the applicant immediately upon the commencement of service from the water system to the premises. (Ord. 721, § 1).

8.05.1180 Discontinuing water service.

Any customer may have their water service discontinued by giving notice requesting discontinuance not less than three working days prior to the requested date of discontinuance stated in such notice. The city will attempt to discontinue water service as soon as practicable and reasonable, within three working days after the customer request. The city shall charge the regular call-out fee listed in the city schedule of rates and fees for restoring water service to any customer whose water service was discontinued at their request. The fee in Attachment A attached to the ordinance codified in this chapter reflects the fee in place at time of enactment of the ordinance codified in this chapter. Adjustments to this fee will take place by resolution of the city council and any updated fee will be contained in the separate city-wide fee schedule. (Ord. 721, § 1).

8.05.1190 Emergency or temporary discontinuance of water service.

When the customer requests discontinuance of water service on an emergency or temporary basis, the city shall respond as soon as practicable and reasonable. The customer shall be responsible for paying the reconnection/reinstatement of service charge set forth in the city schedule of rates and fees reflecting the charge in place at time of enactment of the ordinance codified in this chapter. Adjustments to this charge will take place by resolution of the city council and any updated charge will be contained in the separate city-wide fee schedule. (Ord. 721, § 1).

8.05.1200 Notice – Delinquent accounts – Shutoffs – Reconnection.

A. When accounts become delinquent and late notices including shutoff notices have failed to produce payment by the customer, water service to the premises will be terminated.

B. The payment of utility bills is due on the fifteenth of each month or the next business day. If payment is not received by the thirtieth day after the due date, a reminder notice will be sent to the customer that payment is delinquent. If a bill is delinquent for sixty days, staff will attempt to contact the customer by telephone and then in person to advise them they are turning off their water service due to nonpayment in seven business days. If staff is unable to contact the customer, and if the customer is not home when the staff arrives, staff will leave a door hanger with the customer’s name and address, amount of delinquency, date by which payment or arrangement for payment is required to avoid discontinuation of service, and a copy of the residential water service termination policy. The city is not responsible for any subsequent actions to abate any public nuisance caused by the water service termination to a residence.

C. If water service has been shut off for a customer and that customer pays their bill in full, including any penalty fees due, and pays the call-out fee listed in the city schedule of rates and fees to be reconnected to the water system, water service will be restored. Reconnection will only be accomplished between eight a.m. and three p.m. of each working day. The public works director, in his or her sole discretion, may approve restoration of water service after city business hours for residents who have had their service disconnected and have paid all charges in full. These customers will be required to pay, in addition to past due charges, penalty fees, and the call-out fee, three hours of overtime at the rate of time and a half of a maintenance worker’s salary to have their water service restored after working hours. These fees and other charges must be paid in advance at the finance office prior to close of business before the order to restore water service may be issued.

D. The finance director or public works director is authorized to periodically adjust the process and deadlines for payment due dates on utility bills, reminder notices, and disconnection notices to be consistent with City Hall business hours, dates and processing procedures.

E. The finance director or public works director, in his or her sole discretion, may permit exceptions to this delinquent/shutoff process when the customer can prove extreme hardship will result if an exception is not granted. (Ord. 721, § 1, Amended by Ord. 805, § 2).

8.05.1210 Post-disconnection consumption.

When a meter register shows consumption after the service has officially been disconnected, the owner of the property shall be held responsible for all consumption and all other applicable fees as set forth in Attachment A, City Schedule of Rates and Fees, attached to the ordinance codified in this chapter. (Ord. 721, § 1).

8.05.1220 Liens.

In the event water charges are delinquent for at least sixty days or more, the city is authorized to file a lien upon the real property owned by the customer in the amount of any and all delinquent charges and applicable penalties pursuant to MMC 6.20.100. (Ord. 721, § 1).

Article XIII. Enforcement

8.05.1230 Violation.

Any person found to be violating any provision of this chapter, or any other rule or regulation of the city, will be given written notice stating the nature of the violation and providing a reasonable time period for satisfactory corrective action. Except in cases of emergencies or when the public interest and necessity require otherwise or for the nonpayment of bills, the time period to correct such violation will be five working days. In the case of nonpayment of bills, the notice provisions of MMC 8.05.1200 will apply. All customers will be held strictly responsible for any and all acts of their tenants, agents, employees, contractors, licensees, permittees, guests or invitees. (Ord. 721, § 1).

8.05.1240 Violations other than nonpayment of water service charges.

In addition to all the enforcement mechanisms and penalties specified in Chapter 1.05 MMC, for violations of any rule or regulation established in this chapter or any other provision of this code related to the water system, the authorized enforcement official designated in MMC 1.05.020 may recover all costs incurred by the city in attending to the violation plus payment of all applicable fees in the city schedule of rates and fees. The authorized enforcement official may also pursue the remedies described below.

In addition to all of the remedies set forth in Chapter 1.05 MMC for violations of the regulations in this chapter, the city may file civil actions to request the court to grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction.

B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this chapter.

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorneys’ fees and costs of suit.

The city may also pursue criminal prosecution for violations pursuant to Penal Code Section 498. (Ord. 721, § 1).

8.05.1250 Authorization to enter.

The duly authorized officials and employees of the city public works department will establish with the customer their position as an authorized representative of the city and will be permitted to enter in and upon any and all buildings and premises of customers for the purposes of inspection, re-inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions in this chapter. (Ord. 721, § 1).

8.05.1260 Discontinuation of water service.

If a customer fails to comply with all or any part of this chapter or other rule or regulation of the city, the customer’s water service may be discontinued, at the city’s sole discretion, and in accordance with applicable laws. Water will not be supplied until the customer complies with the rule or regulation that was violated. The city may discontinue water service for the reasons and pursuant to the restrictions set forth in subsections A through F of this section.

A. Discontinuation for Nonpayment. Service may be discontinued for nonpayment of past due bills to the customer upon proper notice as provided in MMC 8.05.1200. Water service will not be discontinued under the following circumstances:

1. During the review and investigation of a customer complaint or while an appeal is pending;

2. When a customer has been granted an extension for the payment period or is in compliance with an authorized amortization agreement;

3. Upon certification by a licensed physician or surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay in full, but agrees to enter into an amortization agreement; or

4. On any Saturday, Sunday, legal holiday or any time during which the city offices are not open to the public for business, except in emergencies.

B. Unsafe Apparatus. Water service may be refused or discontinued to any premises using apparatus or appliances which might endanger or disturb the water system and service to other customers.

C. Cross-Connections. Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of this chapter, Chapter 8.10 MMC, or other applicable laws or regulations.

D. Fraud or Abuse. Water service may be discontinued if necessary to protect the city against fraud or abuse.

E. Upon Vacating Premises. Customers desiring to discontinue service should notify the city a minimum of three working days prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for applicable charges to their account whether or not any water is used by the customer.

F. Negligence and Waste. Water service may be discontinued if the customer is determined to be negligent or wasteful in using water furnished to their premises, including the violation of regulations set forth in Chapter 8.45 MMC. (Ord. 721, § 1, Amended by Ord. 805, § 3).

8.05.1270 Notice to customers if water service terminated for other than nonpayment of water charges.

In the event of any violation of any rules or regulations specified in this chapter, excluding nonpayment of water charges, the public works director or designee may disconnect a premises from the water system. Said director or designee shall notify the person causing, allowing or committing the violation in writing, describing the violation and demanding immediate correction. If the severity of the violation could cause immediate detrimental or dangerous effects on other customers or the public in general and rectification of the violation will not allow time for written notice, the director or designee may discontinue water service immediately. The city shall correct such violation by whatever means possible, including entering the premises without notice. (Ord. 721, § 1).

8.05.1280 Liability for tampering with water system – Misdemeanor.

It is a violation of this chapter for any person to tamper with any facilities comprising the municipal water system, including meters, storage tanks, pipes, valves, hydrants, pumps, lock-out boxes and cross-connection devices. Such violations are punishable as a misdemeanor under MMC 1.05.010. (Ord. 721, § 1).

8.05.1290 Payment of legal fees and incidental expenses for violations.

In connection with the enforcement of any violation hereunder, the authorized enforcement official shall keep an itemized statement of costs incurred by the city in inspecting, researching, communicating with the customer, and other related incidental expenses which may include, but not be limited to, attorneys’ fees and costs and other personnel costs, both direct and indirect, for administration and code enforcement. The enforcement official shall provide a copy of this statement to the customer subject to the violation and to the public works director, and in addition to any other remedy provided in this Municipal Code, the customer shall be liable and responsible for, and required to pay, all such costs. (Ord. 721, § 1).

8.05.1300 Appeals.

Any person who has a right to appeal as provided in any section of this chapter or who is dissatisfied with any determination made under this chapter by the public works director or finance director may, at any time within five days after such determination, appeal to the city manager by giving written notice to the city manager setting forth the determination with which such person is dissatisfied and the reason for the appeal. In the event of any such appeal, the public works director or finance director shall transmit to the city manager a report upon the matter appealed. The city manager will promptly consider the appeal and provide a written decision within fifteen working days of receipt of the appeal. The city manager’s decision shall be final.

Pending a decision upon any appeal relative to the amount of any charges under this chapter, the person making such appeal shall pay such charge. After the appeal is heard, the city manager shall order refunded to the person making such appeal such amount, if any, as the city manager determines should be refunded. (Ord. 721, § 1).