Chapter 14.04
WATER SYSTEM
Sections:
14.04.007 Water Utility policy.
14.04.010 Definitions and summary of charges.
14.04.020 Description of service.
14.04.030 Application for service.
14.04.050 Establishments of rates, fees, charges and deposits.
14.04.060 Establishment and reestablishment of credit.
14.04.090 Rendering and payment of bills.
14.04.110 Discontinuance and restoration of service.
14.04.120 Information available to the public.
14.04.140 Continuity of service.
14.04.150 New development and main extensions.
14.04.160 Service connections, meters, and customer’s facilities.
14.04.170 Measurement of service.
14.04.180 Meter tests and adjustments of bills for meter error.
14.04.190 Service to separate premises and multiple units, and resale of water.
14.04.210 Cross-connection program.
14.04.220 Emergency water conservation program.
Prior legislation: Ords. 123, 140, 141, 152, 204, 224, 238, 245, 296, 298, 305, 314, 315, 329, 359, 397, 411, 418, 451, 473, 474, 510, 542, 572, 582, 618, 633, 662, 744, 746, 808, 810, 836, 846, 906, 908, 920, 991 and 1007.
14.04.005 Adoption.
The following rules and regulations for potable water and fire protection services by the City are hereby adopted. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.007 Water Utility policy.
Under the provisions of the California Constitution and this chapter, the City owns and operates a public utility service for water for the citizens and businesses of Norco.
The objectives of the Water Utility are to plan and carry out the development of the water resources of the City for the greatest benefit to the area and to the citizens and businesses of Norco. This includes providing dependable service without discrimination for the residents of the City of Norco to the fullest extent possible, consistent with overall sound business principles in planning, in financing, in construction of facilities, and in the operation and maintenance of the City’s Water Utility facilities. The accomplishment of these objectives will maximize the benefits to the public.
It is recognized that the City Council is the governing body of the City and as such is ultimately responsible to the citizens of Norco for the Water Utility. With the City Manager’s direction and guidance, the City’s Public Works Department management and supervisory personnel shall continually anticipate the water service and related needs of all the customers in the community and shall be responsive to their needs and requirements. Public Works staff shall strive to maintain the highest level of service possible within the capability of the personnel that manage and maintain the Water Utility. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.010 Definitions and summary of charges.
“Applicant” means the person, association, developer, corporation, or governmental agency applying for water service.
“Application” means a written request to the Water Utility on a form supplied by the Utility Billing for service, as distinguished from an inquiry as to the availability of or charges for such service.
“Backflow prevention device” means an approved device or means to prevent backflow from the customer’s private plumbing system into the Water Utility’s potable water system.
Billing Period. The time interval for monthly billing shall be considered a period of between 28 to 32 days.
“Board” means the State Water Resources Control Board.
“Check read charge” means a charge assessed to any customer that makes a request to the Utility Billing to conduct another meter read pertaining to a previous bill.
“City” means the City of Norco, California, a municipal corporation.
“City Clerk” means the City Clerk of the City of Norco, California.
“City Council” means the City Council of the City of Norco, California.
“Class of water service” means the categories of water service established by the various rate schedules. The classes of water service are: residential, commercial, industrial, multifamily, landscape, fireline, temporary, and municipal.
“Commercial service” means the class of water service rendered to premises devoted primarily to operations or services for profit or nonprofit.
Construction Meter. See “Temporary construction meter.”
“Cost” means the cost of labor, material, transportation, supervision, engineering, legal services and all other necessary overhead expenses.
“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.
“Customer” means the person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for that service, or, in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his name, regardless of the identity of the actual user of the service.
“Customer’s mailing address” means the address specified in a customer’s application or contract, or any other address subsequently given to the Utility Billing by the customer, to which any notice or other communication is to be mailed.
“Damaged lock charge” means a charge assessed when a customer damages or removes a lock that had been placed on the service to prevent usage due to nonpayment or theft of water.
“Date of mailing” means the date upon which a bill or notice is mailed to the customer.
“Deposit” means prepayment requirement for establishment of any water service.
“Director of Public Works” means the Chief Administrative Officer of the Department of Public Works of the City of Norco, California.
“Distribution mains” means pipelines located in streets, highways, public ways, easements, or private rights-of-way, exclusive of service connections, which are used to serve the general public with water.
“Finance Director” means the Chief Administrative Officer of the Fiscal and Support Services Department of the City of Norco, California, which oversees the day-to-day operation of Utility Billing.
“Fire Chief” means the designated Fire Chief of the City of Norco, California.
“Fire flow test fee” means a fee assessed to any contractor that requests the Water Utility to conduct a flow test on a specific hydrant.
“Fireline service” means the class of water service used exclusively for fire protection, whether said lines are connected with an automatic sprinkling system or private fire hydrants.
“Industrial service” means the class of water service rendered to premises where the water is used primarily in manufacturing or processing activities.
“Inspection fee” means a fee assessed to reimburse the Water Utility for inspection services on all water-related infrastructure improvement projects.
“Jumper” means the deliberate bypass or connection around the water meter between the service and the main.
“Jumper fee” means fee assessed to a customer who deliberately jumps or bypasses the water meter to obtain water service.
“Landscape service” means the class of water service rendered to premises where the water is used solely in watering of landscaped areas such as turf and shrubs.
“Late payment penalty” means penalty assessed to a customer who fails to make the full payment of the utility bill by the specified date.
Mailed. Any notice or other communication will be considered “mailed” when it is enclosed in a sealed envelope, properly addressed, and deposited in any United States post office box, postage prepaid.
“Main extension” means the extension of water transmission and distribution mains beyond existing facilities.
“Meter” means an instrument used for measuring the water delivered to the customer. Meters shall be installed on all customer permanent water services.
“Meter assembly” means a part of the service connection that includes the meter and associated appurtenances necessary for testing and maintenance.
Meter Reading. Meters shall be read by Utility Billing at intervals of approximately one month or 30 days, or as near thereto as the convenient operation of the Water Utility will permit. The interval between two successive meter readings shall be between 28 to 32 days and regarded as a monthly period for the purpose of computing and rendering bills.
“Meter test deposit” means a required deposit that must be provided in advance by a customer to Utility Billing in order for the Water Utility to test the customer’s meter.
“Multifamily service” means an apartment building, duplex, court group, or any other group of residential units located on a single premises (minimum of four units/condos), providing the residential units therein meet the requirements for a single-family accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts consisting primarily of guest rooms and/or transient accommodations are not classed as multifamily accommodations.
“Municipal service” means the class of water service for buildings or facilities operated and maintained by the City of Norco or other governmental institutions.
“New account setup fee” means a fee assessed to a customer to set up a new water service.
“Owner” means the person or the persons 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/herself, or as executor, guardian or trustee of the owner.
“Permanent service” means service which, in the opinion of the Water Utility, is of a permanent and established character. This service may be continuous, intermittent, or seasonal in nature.
“Person” means any individual, group, firm, company, developer, partnership, or organization operating as a single entity.
“Plan check fee” means a fee assessed in order to compensate the Water Utility to review submittals or plans for a construction project.
“Point of delivery” means the point where the piping of the potable public water system is connected to the piping of the customer’s property, regardless of the location of the Water Utility’s meter. Exception: for fireline services the point of connection is prior to the backflow device.
“Premises” means a lot or parcel of real property under one ownership, except that any separate structure under one roof shall be deemed separate premises. Apartment houses, motels, office buildings and structures of like nature may be classified as single premises.
“Pulled meter fee” means a fee assessed in order to compensate the Water Utility for removing a meter and installing a plug to prevent a customer from tampering and using water illegally.
Rate Charges. Charges in the rate schedules may include the following:
1. “Water service charge” means fixed monthly fee based on the size of the meter which is designed to recover a portion of the operating and maintenance expenses for the water system in accordance with the City-adopted rate schedule.
2. “Water usage charge” means units of water measured monthly through the meter times the established water rate in accordance with the City-adopted rate schedule.
“Residential service” means the class of water service provided to single- and multifamily accommodations (three or less units/condos) for household purposes, including water used on the premises for sprinkling lawns, gardens, and shrubbery, washing vehicles, and other similar and customary purposes pertaining to single- or multifamily accommodations.
“Returned check fee” means a fee assessed for any check that is returned unpaid for any reason.
“Service connection” means the pipeline and appurtenances 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.
“Service turn-off charge” means the charge assessed when a customer’s water service is turned off due to nonpayment.
“Service turn-on charge” means the charge assessed to turn on the water service after the service has already been requested to be closed.
“Shut-off notice” means the official notice from Utility Billing (mailed, hand delivered, or by automated phone message system) informing the customer that the water service will be shut off.
“Temporary construction meter” means a meter provided and installed by the Water Utility on a publicly owned fire hydrant to supply water for construction projects.
“Temporary service” means the class of water service for enterprises or activities which are temporary in character, or where it is known in advance that service will be of limited duration. Service which, in the opinion of the Water Utility, is for operations of a speculative character or the permanency of which has not been established is also considered temporary service.
“Theft of water” shall mean the taking of water from any water main, fire hydrant, service, or facility without a meter, permit, or application as provided for in this chapter, or with the intent to avoid payment thereof.
“Tract or subdivision” means an area which may be identified by filed subdivision plans or as an area in which a group of dwellings may be constructed about the same time, either by a large-scale builder, or by several builders working on a coordinated basis.
“Utility bill” means a document provided to each customer on a monthly basis that reports the amounts owed to the City of Norco for services provided, such as water, sewer, and trash service.
“Utility Billing” means a subdivision of Fiscal and Support Services Department responsible for providing customer assistance regarding water, sewer and trash services.
Utility’s Operating Convenience. The term refers to the utilization, under certain circumstances, of facilities or practices not ordinarily employed which contribute to the overall efficiency of the Water Utility’s operations. It does not refer to customer convenience or to the use of facilities or adoption of practices required to comply with applicable laws, ordinances, rules, or regulations, or similar requirements of public authorities.
“Water Utility” means a division of the City of Norco Department of Public Works responsible for managing, operating and maintaining the City of Norco water system. (Ord. 1056 Sec. 1, 2020; Ord. 1023 Sec. 1, 2017; Ord. 1017 Sec. 1, 2017)
14.04.020 Description of service.
A. Customer Classifications.
1. Residential Service. The class of water service supplying water to single- and multifamily accommodations (three or less units/condos) for household purposes, including water used on the premises for sprinkling lawns, gardens, and shrubbery, washing vehicles, and other similar and customary purposes pertaining to single- or multifamily accommodations.
2. Multifamily Service. An apartment building, duplex, court group, or any other group of residential units located upon a single premises (minimum of four units/condos), providing the residential units therein meet the requirements for a single-family accommodation. Hotels, guest or resort ranches, tourist camps, motels, auto courts, and trailer courts consisting primarily of guest rooms and/or transient accommodations are not classed as multifamily accommodations.
3. Commercial Service. The class of water service rendered to premises devoted primarily to operations or services for profit or nonprofit.
4. Industrial Service. The class of water service rendered to premises where the water is used primarily in manufacturing or processing activities.
5. Landscape Service. The class of water service rendered to premises where the water is used solely in watering of landscaped areas such as turf and shrubs. May not be used for drinking water purposes.
6. Municipal Service. The class of water service for buildings or facilities operated and maintained by the City of Norco or other governmental institutions.
7. Fireline Service. The class of water service used exclusively for fire protection, whether said lines are connected with an automatic sprinkling system or private fire hydrants.
8. Temporary Service. The class of water service for enterprises or activities which are temporary in character, or where it is known in advance that service will be of limited duration. Service which, in the opinion of the Water Utility, is for operations of a speculative character or the permanency of which has not been established is also considered temporary service.
B. Quantities. The Water Utility will endeavor to supply water dependably and safely in adequate quantities to meet the reasonable needs and requirements of customers.
C. Pressures.
1. Normal Operation and Variations. The Water Utility will endeavor to maintain normal operating pressures of not less than 40 pounds per square inch nor more than 125 pounds per square inch at the service connection, except that during periods of hourly maximum demand, the pressure at the time of peak seasonal loads may not be less than 40 pounds per square inch and that during periods of hourly minimum demand the pressure may not be more than 150 pounds per square inch. Variations in pressure under normal operation will not exceed 50 percent of the average operating pressure. (The average operating pressure is the arithmetical average of at least 24 consecutive hourly pressure readings.) Due to topography and other causes, the pressure is not uniform over the entire service area, and the Water Utility reserves the right to change to different pressures in various areas served.
2. Customer Responsibility. Where higher or lower pressures than those provided by the Water Utility at the point of service connection are required, it shall be the customer’s responsibility to install and maintain necessary booster pumps, pressure regulators, pressure relief valves, etc. The City assumes no responsibility for loss or damage due to lack of water or low or high pressure.
D. Quality. Whenever furnished for human consumption or for domestic uses, the Water Utility will endeavor to provide water that is wholesome, potable, in no way harmful or dangerous to health, and insofar as practicable, free from objectionable odors, taste, color, turbidity and meets all State and Federal water quality standards.
E. Service Area. The area in which service is or will be furnished by the Water Utility is that area which is within the City boundaries as the boundaries now prevail or may from time to time exist and excludes those areas serviced by private water sources. The Water Utility may provide water service to a customer outside its service area if there is no other agency with infrastructure to provide said water service or with permission of the applicable water provider. The rate for providing said water service out of the service area will be based on the currently adopted rate by the City. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.030 Application for service.
A. Application for Service. Each applicant for water service may be required to sign an application on a form provided by Utility Billing, and, upon request, will be required to furnish the following information:
1. Name of applicant;
2. Date and place of application;
3. Location of premises to be served;
4. Date applicant will be ready for service;
5. Social security number and/or driver’s license;
6. Customer’s mailing address and contact number;
7. Whether applicant is owner, tenant of, or agent for the premises;
8. Legal owner information;
9. Information to establish credit of applicant;
10. Such other information as the Utility Billing may reasonably require.
The application is a request for service and does not in itself bind the Water Utility to serve, except under its adopted rate schedules, nor does it bind the customer to take service for a longer period than the minimum requirements of the rate schedule.
All new accounts will be assessed a one-time “new account setup fee” as specified in the adopted fee resolution.
B. Individual Liability for Joint Service. Two or more persons who join in one application or contract for service shall be jointly and severally liable thereunder and shall be billed by means of a single periodic bill mailed to the person designated on the application to receive the bill.
C. Owner/Renter Liability.
1. Tenants or renters may sign up for utility services (including water) if they can provide a copy of the rental agreement and written permission from the property owner or their duly authorized designee on the City of Norco Owner-Tenant Utility Services Form.
2. In the event any fees and other charges due from any occupant for any customer class, as provided for in this section, should become due and payable and fall delinquent, the owner or owners of the premises, whether or not other than the occupant, shall forthwith be jointly and severally liable for the payment of all such fees and charges which have fallen delinquent. For this reason, the owner of the property must provide written authorization to the renter to sign up for service using the appropriate form provided by Utility Billing.
D. Change in Customer’s Equipment or Operations. Customers shall give the Water Utility written notice of the extent and nature of any material change in the size or character of the plumbing, equipment, or operations for which the Water Utility is supplying service before making any such change.
E. Deposit. The Water Utility’s deposit policy is designed to assess the credit risk associated with all customer applications for new or continued service, while protecting the assets of the Water Utility. No Water Utility service shall be provided to any applicant for the commencement of such services or for the restoration of such services until said applicant has paid to Utility Billing a deposit in the amount specified in the adopted fee resolution. Said deposit shall be made in the form of cash, money order, credit, or debit unless waived by the Finance Director or his/her duly appointed representative.
Said deposit shall be retained by Utility Billing until the water services have been terminated by the customer or by Utility Billing for nonpayment of billings for services within the time established by appropriate City of Norco ordinances and resolutions. Upon the termination of said services, Utility Billing shall credit the deposit toward any outstanding billing due and owing, by the applicant, for any or all services. After Utility Billing has made such credit, if there be such, that portion of the deposit not so credited shall be refunded to the applicant. The Finance Director or his/her duly appointed representative may waive all or a portion of the deposit at his/her discretion.
Residential customers may request a refund of any deposit held on their account after a period of 18 months. Said refund will only be granted if the customer had a payment history that was on time and without any delinquent fees for 18 consecutive billing periods. The deposits for all other customer classifications are not eligible for a refund until the account is closed.
F. Change of Address. Water service shall not be provided to any customer upon change of address until all delinquent charges owing thereon at a former place of residence or business have been paid.
G. Other Conditions of Service. Before water service can be provided by the Water Utility, the customer shall obtain any approval of facilities furnished or installed by customer which may be required by the Building Department or the Fire Department of the City of Norco or any other authority whose approval is required by law.
H. Pressure and Service Conditions. The signing of an application for a water connection or for water service shall be prima facie acceptance and consent to such conditions of pressure and service as may from time to time exist, under the current operating practice prevailing on the water system of the Water Utility. The applicant thereby agrees to hold the Water Utility harmless from any and all damage caused by or arising out of low or high fluctuating pressure or interruption of service. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.040 Contracts.
A. Service Requiring Contracts. Contracts, other than applications, may be required prior to service, under the following conditions:
1. Where required by provisions in these rules and regulations.
2. When a main extension to be made under the provisions of Section 14.04.150 is subject to refunds.
3. For temporary service not covered under the provisions of Section 14.04.130.
4. For any service to be furnished at rates or under conditions other than the rates and conditions contained in these rules and regulations.
5. When service is requested to supply a premises situated at such an elevation that it cannot be assured of a water supply at adequate pressure, water service shall not be furnished until the property owners of record execute an agreement to accept such water service as the Water Utility is able to furnish from its existing distribution system and provide any additional facilities required by any applicable law or plumbing code.
6. For connections with other water utilities.
7. For special standby service.
B. Contract. Contracts shall become effective only after authorization by the Department of Public Works and City Attorney’s office. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.050 Establishments of rates, fees, charges and deposits.
As stated in various sections of this chapter, the City Council shall establish and approve all rates, fees, charges, and deposits by resolution and within proper public notification guidelines as required by Federal or State rules and regulations. A copy of all current rates, fees, charges, and deposits shall be provided upon request and listed on the City’s website. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.060 Establishment and reestablishment of credit.
A. Establishment of Credit—All Classes of Service. Each applicant for Water Utility service shall be required to satisfactorily establish credit which will be deemed established upon qualifying under any one of the following:
1. If applicant makes a deposit to secure payment of bills for service as prescribed in Section 14.04.070.
2. If applicant furnished a guarantor, satisfactory to Utility Billing, to secure payment of bills for service requested.
3. If applicant’s credit is otherwise established to the satisfaction of Utility Billing.
B. Establishment and Reestablishment of Credit.
1. An applicant who previously has been a customer of the Water Utility and whose service has been discontinued by Utility Billing during the past 12 months of that prior service because of nonpayment of bills may be required to reestablish credit by depositing the amounts prescribed in Section 14.04.070 for that purpose, and by paying utility bills regularly due.
2. A customer who fails to pay bills before they become past due as prescribed in Section 14.04.110(A), and who further fails to pay such bills by the date indicated on either the automated “discontinuance of service” phone notice or the notice deposited in any Unites States postal office box for nonpayment of bills, may be required to pay said bills and reestablish credit by depositing the amount prescribed in Section 14.04.070. This rule will apply regardless of whether or not service has been discontinued for such nonpayment.
3. A customer may be required to reestablish credit in accordance with subsection (A) of this section in case the conditions of service or basis on which credit was originally established have, in the opinion of Utility Billing, materially changed. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.070 Deposits.
A. General.
1. No water service shall be provided to any applicant for the commencement of such services or for the restoration of such services until said applicant has paid to Utility Billing a deposit.
2. No water service shall be provided until the applicant has established financial responsibility to the satisfaction of the City’s Finance Director or his/her duly appointed representative. This can be accomplished by providing the following:
a. Non-interest-bearing deposit established by the adopted fee resolution;
b. Letter from a California department provider indicating one or more years of satisfactory payment history;
c. A prior account with the City of Norco within the previous two years with satisfactory payment history.
B. Amount of Deposit.
1. The amount of deposit for a “new account” shall be as specified in the adopted fee resolution.
2. In case the new service requested is for a vacant property that is for sale or between rental tenants, the owner of listing party shall pay a deposit amount listed as deposit for “clean and show” in the fee resolution adopted by City Council.
3. The Finance Director or his/her duly appointed representative can establish additional financial responsibility requirements for individual accounts which had late penalties or have had service discontinued.
4. The Finance Director or his/her duly appointed representative may waive all or a portion of the deposit at his/her discretion.
C. Method of Payment. Deposit shall be made in the form of cash, money order, debit or credit card unless waived by the Finance Director or his/her duly appointed representative.
D. Return of Deposit. Residential customers may request a refund of any deposit held on their account after a period of 18 months. Said refund will only be granted if the customer had a payment history that was made in full, on time, and without any fees for 18 consecutive billing periods. The deposits for all other customer classifications are not eligible for a refund until the account is closed.
E. Interest on Deposits. There shall be no interest paid on deposits collected by the Utility Billing.
F. Deposits for Temporary Service. Deposit requirements for temporary service shall be specified in Section 14.04.130, Temporary service. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.080 Notices.
A. Notices to Customers. When notices from Utility Billing to a customer are required, they will normally be given in writing, either mailed to the customer’s mailing address or hand delivered; by automated phone notification or posted in the local newspaper of record; except that in emergencies, the Water Utility may give notices in the manner most suitable under the existing conditions (radio, television, telephone, etc.).
B. Notice from Customers. Notices from a customer to the Utility Billing may be given by written communication mailed to Utility Billing or City Clerk’s office. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.090 Rendering and payment of bills.
A. Rendering of Bills.
1. Billing Period. Bills for water service will be rendered monthly via the utility bill, or as otherwise provided in the rate schedules. The Finance Director may change the billing period for customers if such change is considered in the best interests of the Water Utility.
2. Metered Service.
a. Bills for metered service will be based on meter registrations. Meters will be read as required for the preparation of regular bills, opening bills, and closing bills. Monthly bills will be prepared based on meter readings that are collected every 28 to 32 days.
b. Estimated Meter Reading. If, because of unusual conditions or for reasons beyond its control, Utility Billing is unable to read the customer’s meter on the scheduled reading date, Utility Billing may bill the customer for estimated consumption during the billing period and make any necessary corrections when a reading is obtained. Estimated consumption for this purpose will be calculated considering the customer’s average prior usage over the past 12 billing periods, and the general characteristics of the customer’s operations. Adjustments for any underestimate or overestimate of a customer’s consumption will be reflected on the next regularly scheduled bill rendered and based on the actual reading following the period of estimated consumption. If the cause for Utility Billing’s inability to read the meter is because of inaccessibility, then access to the meter sufficient to it being read shall be provided by the customer as a prerequisite to Utility Billing making any adjustment of water consumption billed on an estimated basis.
c. Adjustments for Billing Error. When it is found that an error in billing has occurred due to a Utility Billing error, the date of which can be reliably established, the overcharge or the undercharge will be computed back to such date; provided, however, that adjustment of Water Utility billing errors shall be limited to the immediate preceding four-month period.
3. Pro Rata Computation. When the total period of service is less than 28 days, pro-rations will be made for the water service charge. The water usage charge shall be billed based on the closing reading of the water meter.
B. Readings of Separate Meters Not Combined. For the purpose of billing, each meter upon the customer’s premises will be considered separately, and the readings of two or more metered services will not be combined, except as follows:
1. Where combinations of meter readings are specifically provided for in the rate schedules.
2. Where the Water Utility’s operating convenience requires the use of more than one meter per service connection.
C. Payment of Bills.
1. All bills are due and payable upon date of mailing indicated on the utility bill. Customers will be assessed a late charge for any unpaid balance 25 days after the bill is deposited in the mail. Payment shall be made to the City of Norco.
2. Charges for reconnection of service, and payments of deposits or payments to reinstate deposits as required under these rules and regulations, shall be paid before service will be reconnected.
3. If payment of a bill is not received by Utility Billing’s office on or before the due date, a “late charge” as designated in the fee resolution adopted by City Council will be added to the total amount due.
4. The Finance Director or his/her designee may upon request and at their discretion provide a customer with a payment plan to allow the customer to pay past due amounts over a specified period of time. The customer must sign a written agreement that will outline the total amount overdue and how this amount will be spread over a defined period of time. No payment plan may be longer than 12 months unless authorized by the City Manager. In order to keep the payment plan in good standing, the customer will be expected to pay the monthly overdue payment amount plus the entire current regular utility bill.
If the customer fails to comply with the terms of the agreed-upon payment plan (monthly overdue payment amount plus the entire current regular utility bill) for 60 days or more, Utility Billing may discontinue water service to the customer’s property. Utility Billing will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five business days before discontinuation of service. The final notice will not entitle the customer to request a new payment plan or appeal process until the account is brought into good standing as determined by Utility Billing.
D. Returned Check Charge. Utility Billing shall require a charge for any check returned from the bank unpaid. The amount of said charge shall be per the fee resolution adopted by City Council.
E. Check Read Charge. When a customer requests that Utility Billing verify the accuracy of the read as shown on the bill, Utility Billing shall charge a “check read charge” as designated in the fee resolution adopted by City Council for sending a field representative to the service address to obtain another reading of the meter. Such charge shall be added to the customer’s next regularly scheduled water bill. If said check read shows that the previous read is in error, no check read charge would be imposed. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.100 Disputed bills.
A. Billed Water Consumption.
1. A customer who believes that the water consumption portion of the utility bill is in error must first contact Utility Billing either in person, by phone or in writing before the due date on the bill stating the nature of their dispute. Utility Billing shall contact the customer within 10 days from the date the dispute is received with a determination. Once a determination has been provided by Utility Billing the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven days from Utility Billing’s determination if the due date has already expired.
B. Disputed Water Bill Appeal.
1. If the customer is not satisfied with the determination by Utility Billing, the customer may formally appeal the disputed bill in question to the Director of Public Works for review by submitting a written statement setting forth the reasons why the customer believes the bill is incorrect. The customer must submit the appeal within seven days of the initial dispute determination to the Director of Public Works, City of Norco, 2870 Clark Ave., Norco, California 92860. However, in order to have the disputed bill considered by the Director of Public Works, the customer must submit a payment equal to the customer’s most recent paid utility bill to Utility Billing (payable to the City of Norco). Upon timely receipt of the written statement and payment, the Director of Public Works or his/her designee will review the basis of the billed amount, and communicate the results of the review and determination to the customer. Once a determination has been provided by the Director of Public Works the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven days from the Director of Public Works’ determination if the due date has already expired.
A customer who formally disputes the accuracy of the water consumption portion of a utility bill will not have the water service discontinued for nonpayment and will not be responsible for any late fees that may occur during the review period. If, before completion of the Director of Public Works review, an additional bill becomes due the customer must send payment (payable to the City of Norco) for the entire amount of the additional bill. Failure to do so will constitute acceptance by the customer of the bill(s) as rendered, and authorize discontinuance of service in accordance with Section 14.04.110.
2. Failure of the customer to file a written appeal with the Director of Public Works and provide a good faith payment to Utility Billing within the required seven-day period will constitute acceptance by the customer of the initial bill determination rendered, and Utility Billing may authorize discontinuance of service in accordance with Section 14.04.110.
3. If the customer is not satisfied with the written determination of the Director of Public Works the customer may submit a written appeal to the City Council. The appeal must be submitted in writing to the City Council, City of Norco, 2870 Clark Ave., Norco, California 92860, together with reasons for the dispute within 10 days following receipt of the Director of Public Works’ determination. In the absence of a timely filed appeal, the decision of the Director of Public Works shall be final. Upon receipt of a timely appeal, the City Clerk shall then place the matter on the agenda of the next regular meeting of the City Council for consideration. A written decision of the City Council determination shall be delivered to the customer by personal delivery or certified mail within 10 days following the appeal hearing. Once a determination has been provided by the City Council the customer shall submit payment for the total or adjusted utility bill before the existing due date listed on the bill or within seven days from the City Council’s determination if the due date has already expired. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.110 Discontinuance and restoration of service.
A. Past Due Utility Bills. All utility bills are due and payable based on the date of mailing indicated on the utility bill and customers may avoid a late charge if the bill is paid in full on or before the due date shown on the bill.
B. Nonpayment of Utility Bills.
1. A customer’s water service may be discontinued for nonpayment of a bill for service rendered at any location served by the Water Utility provided such bill is delinquent on payment for at least 60 days from original date of mailing of the initial utility bill. No less than seven business days before discontinuation of residential service for nonpayment, Utility Billing shall contact the customer named on the account by telephone or written notice. The customer will continue to be charged the monthly water service charge during the period the meter has been disconnected due to nonpayment.
2. Discontinuance of service or “shut-off notice” will be delivered 14 days prior to discontinuation by written notice delivered by mail to provide the shut-off notice to the customer and/or the property where service is provided.
3. If the customer’s billing address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to “Occupant.”
4. If Utility Billing is unable to make contact with the customer or an adult occupying the residence by written notice because it is returned through the mail as undeliverable, Utility Billing shall make a good faith effort to visit the residence and leave, or make other arrangements for placement in a conspicuous place of, a notice of imminent discontinuation of residential service for nonpayment and Norco’s water system policy for discontinuation of residential service for nonpayment.
5. If a customer is receiving more than one water service, any or all water services may be discontinued when any water service, regardless of location, is discontinued for nonpayment. However, single-family residential service will not be discontinued because of nonpayment of bills for other classes of service, except when other classes of service serve the same premises.
6. As a condition to avoid discontinuation of service, the Finance Director or his/her designee may offer options to avoid discontinuation of residential service, including, but not limited to, discussing alternative payment schedules, deferred payments, minimum payments, how to request amortization of an unpaid balance, and how to petition for bill review and appeal. Utility Billing may choose which of the payment options the customer undertakes and may set the parameters of that payment option per Section 14.04.090(C)(4).
C. Exceptions to Disconnection of Services. The City will not discontinue residential services if all of the following conditions and requirements are met:
1. The customer, or a tenant of the customer, submits to Utility Billing a certification from a primary care provider that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
2. The customer demonstrates (documents) that he or she is financially unable to pay for residential service within the City of Norco water system’s normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the City of Norco water system’s normal billing cycle if any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level. Please note existing customers that participate in the City’s Housing Utility Assistance Program (HUAP) do not automatically qualify the customer for this requirement.
3. The customer is willing to enter into an amortization agreement, alternative payment schedule, partial reduction of the unpaid balance, or temporary deferral of payment. Utility Billing may choose which of the payment options the customer undertakes and may set the parameters of that payment option per Section 14.04.090(C)(4).
If the customer fails to comply with the terms of the agreed upon payment plan (monthly overdue payment amount plus the entire current regular utility bill) for 60 days or more, Utility Billing may discontinue water service to the customer’s property. Utility Billing will post a final notice of intent to disconnect service in a prominent and conspicuous location at the service address at least five business days before discontinuation of service. The final notice will not entitle the customer to request a new payment plan or appeal process until the account is brought into good standing as determined by Utility Billing.
D. Unsafe Equipment and Cross-Connections. The Water Utility may refuse or discontinue service to a customer if any part of the customer’s plumbing, backflow prevention devices, or other equipment, or the use thereof, shall be determined by the Water Utility to be unsafe in violation of applicable laws, ordinances, rules, or regulations of public authorities, or if any condition existing upon the customer’s premises shall be thus determined to endanger the Water Utility’s service facilities, until it shall have been put in a safe condition or the violation remedied. See Section 14.04.210 for additional regulations regarding the Water Utility’s cross-connection program.
The Water Utility does not assume any responsibility of inspecting or repairing the customer’s plumbing or other equipment or any part thereof and assumes no liability therefor.
1. Cross-connection items that create a basis for water service discontinuation shall include, but are not limited to, the following:
a. Refusal to install or test a backflow prevention device.
b. Refusal to repair or replace a faulty backflow prevention device.
c. Direct or indirect connection between the public water system and a sewer line.
d. Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants.
e. Unprotected direct or indirect connection between the public water system and an auxiliary water system.
f. A situation which presents an immediate health hazard to the public water system.
The Water Utility will terminate service to a customer’s premises after a written notice has been sent specifying the corrective action needed and the time period in which it must be done. If no action is taken within the allowed time period, water service may be terminated. The water service will remain inactive until correction of violations has been approved by the Water Utility.
E. Service Detrimental to Other Customers. The Water Utility will not provide service to any equipment, the operation of which will be detrimental to the service of the Water Utility or its other customers and will discontinue water service to any customer who shall continue to operate such equipment after having been given notice by the Water Utility to cease so doing.
F. Fraud. The Water Utility may refuse or discontinue service if the acts of the customer or the conditions upon the premises are such as to indicate intent to defraud the Water Utility.
G. Jumper. The deliberate bypass or connection around the water meter between the service and the main shall be prohibited. All water use, except as provided in the case of private fire protection, shall pass through the meter. Any customer identified to have deliberately jumped or bypassed the water meter to obtain water service shall be charged a “jumper fee” as stated in the fee resolution adopted by City Council.
H. Failure to Establish or Reestablish Credit. If, for an applicant’s convenience, Utility Billing should provide service before credit is established or should continue service to a customer when credit has not been reestablished in accordance with Section 14.04.060, and fails to establish or reestablish credit, the Water Utility may discontinue service.
I. Noncompliance. Except as otherwise specifically provided in this section, the Water Utility may discontinue service to a customer for noncompliance with the rate schedules and the rules and regulations, if, after written notice of at least five days, the customer has not complied with the notice. The Water Utility may dispense with the giving of such notice in the event there exists, in the Water Utility’s opinion, a dangerous condition, thus rendering the immediate discontinuance of service to the premises imperative.
J. Customer’s Request for Service Discontinuance. When a customer desires to terminate responsibility for service, Utility Billing shall be given not less than two days’ notice of intention. The customer shall state the date on which termination becomes effective. A customer may be held responsible for all services furnished at the premises until two days after receipt of such notice by Utility Billing or until the date of termination specified in the notice, whichever date is later.
K. Restoration—Reconnection Charge.
1. Utility Billing shall require a payment of a “service turn-off charge” as designated in the fee resolution adopted by City Council plus other associated fees or charges for each service that has been discontinued for nonpayment of bills or for failure otherwise to comply with rules prescribed by the Water Utility. Such charges shall be paid before service is reconnected; this charge is designated as the “service turn-off charge” in the fee resolution adopted by City Council.
2. If the customer turns on a service or allows or causes it to be turned on after it has been turned off for the above reasons, the Water Utility may lock off the meter or may remove the meter and not unlock or reinstall the meter until amounts due from the customer are collected or rules are complied with, and Utility Billing will charge the actual cost for restoration of a meter under these conditions. In addition, the customer shall be charged the cost for any and all damages to the meter or appurtenances.
3. If the customer turns on a service or allows or causes it to be turned on after it has been turned off for nonpayment of a utility bill, by means of cutting or otherwise removing a City lock, they will be charged a “damaged lock charge” as designated in the fee resolution adopted by City Council.
4. If a customer has illegally removed a lock the Water Utility may elect to remove the meter and install a plug to prevent the customer from illegally using water while the utility bill remains past due. In such cases the customer will be charged a “pulled meter fee” as designated in the fee resolution adopted by City Council.
5. If the customer requests that service be permanently stopped there will be no charge for the final reading of the meter and turn-off of the meter. If the customer contacts Utility Billing after the final reading and the water has been turned off, the charge to reconnect the services will be charged the same as a “service turn-on charge” as designated in the fee resolution adopted by City Council.
6. All required payments must be received before 3:30 p.m. Monday through Thursday in order to receive same-day restoration of water service; otherwise, restoration will be completed the next business day. Any customer that submits a payment after 3:30 p.m. and requests same-day restoration will be assessed an “after-hours service turn-on charge” as designated in the fee resolution adopted by City Council. This accommodation will be provided at the discretion of the Director of Finance or his/her designee and will be based on the availability of field staff at the time of request.
7. As a condition to reestablish service, the Finance Director or his/her designee may elect to require the customer to provide an additional deposit toward the account. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.120 Information available to the public.
A. General Information. The Water Utility will maintain, open for public inspection at its offices, pertinent information regarding the service rendered, including the following:
1. Characteristics of Water. Copies of the most recent annual water quality report of the water supplied to customers.
2. Rates and Rules. A copy of the rate schedules consisting of the rates, fees, charges, deposits, and general rules of the Water Utility.
B. New or Revised Rates. Should new or revised rates be established after the time application is made, the Water Utility will, within a reasonable time, use such means as may be practicable to bring them to the attention of those of its customers who may be affected thereby. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.130 Temporary service.
A. Conditions of Service. The Water Utility shall, if no undue hardships to its existing customers will result therefrom, furnish temporary service for construction work, circuses, Christmas tree lots, bazaars, fairs, plumbing pressure testing, or other similar uses that because of their nature will not be used steadily or permanently. All such services shall be subject to the following conditions:
1. Application for a temporary service permit with the appropriate deposit shall be made to Utility Billing. The deposit for temporary service shall be refunded after charges for water service charge, water consumption and the loss or damage of a meter and/or fittings have been deducted at the termination of service.
2. Temporary service connections may be terminated at any time and will be made at the discretion of the Water Utility.
3. Charges for loss or damage to a meter and fittings will be based upon current prices.
4. Temporary services shall generally be taken from existing outlets on the water system or from fire hydrants designated by the Water Utility. Any special outlets shall be installed at the customer’s expense.
5. Backflow prevention devices and approved plumbing materials may be required for certain types of uses and shall be installed at the customer’s expense.
6. The temporary service permit must be kept at the job site at all times.
7. The temporary meter shall be available to be inspected by the Water Utility upon request.
B. Metered Services. The Water Utility has developed a program to install a “temporary construction meter” on a publicly owned fire hydrant to supply water for approved construction projects. “Temporary construction meter” is not designed to provide potable water service in place of installing a permanent water service or for dust control on residential or commercial properties and will be subject to the following conditions:
1. Deposits for “temporary construction meter” service shall be as follows per the fee resolution adopted by City Council.
2. Permit charge for “temporary construction meter” service shall be per the “temporary service permit: metered,” as designated in the fee resolution adopted by City Council. This fee includes the installation and removal of the meter by the Water Utility. Meter is locked on the fire hydrant to prevent theft and ensure meter is at authorized location for future inspection and meter readings.
3. “Temporary construction meter” may be moved from one location to another, with the approval of the Water Utility. “Temporary service relocation charge” as designated in the fee resolution adopted by City Council is charged for all relocations.
4. A “monthly service charge” will be charged based on the three-inch service connection provided by the City per the rate schedule adopted by City Council. If the temporary water service is used for a period less than 30 days then the monthly service charge will be prorated based on the actual number of days the service was in use.
C. Unmetered Services. If, in the opinion of the Water Utility, the setting of a temporary meter is impractical or uneconomical, a temporary unmetered service connection can be made. Unmetered connections will be subject to the following conditions:
1. Charge for unmetered services, other than spacers, shall be as follows:
a. Permit charge designated as “temporary service permit: unmetered” in the fee resolution adopted by City Council.
b. Commodity charge based on current rate and estimated quantity to be used.
D. Rates. Rates for temporary service shall be approved and adopted by resolution by City Council. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.140 Continuity of service.
A. Shortage and Interruption.
1. The Water Utility will exercise reasonable diligence to furnish a continuous and sufficient supply of water to its customers and to avoid any shortage or interruption of delivery thereof. It cannot, however, guarantee a continuous or sufficient supply or freedom from interruption.
2. The Water Utility will not be liable for interruption or shortage of supply, nor for any loss or damage occasioned thereby.
3. Whenever, in the operation of the Water Utility’s system, interruption in the delivery of water to customers results from or is occasioned by causes other than the exercise by the Water Utility of its right to suspend temporarily the delivery of water for the purpose of making repairs or improvement to its system, notice of any such interruption will not be given to the customers of the Water Utility, but the Water Utility shall exercise reasonable diligence to reinstitute delivery of water.
B. Temporary Suspension for Repairs. The Water Utility, whenever it shall find it necessary for the purpose of making repairs or improvements to its system, will have the right to suspend temporarily the delivery of water. In all such cases, as reasonable notice thereof as circumstances will permit will be given to the customer, and the making of such repairs or improvements will be completed as rapidly as may be practicable and, if practicable, at such times as will cause the least inconvenience to its customers.
C. Apportionment of Supply During Time of Shortage. Should a shortage of supply ever occur, the Water Utility will apportion its available supply of water among its customers as authorized or directed by the Director of Public Works in the manner that appears most equitable under conditions then prevailing.
D. Use of Water During Emergency. In the case of an emergency necessitating the use of water from the City mains, the Fire Chief designee may limit the use of water on adjoining properties which in the opinion of the designee would prevent or hamper the water flows for the emergency. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.150 New development and main extensions.
A. General Provisions.
1. Applicability.
a. New development shall be imposed a “water infrastructure facilities fee” (see Chapter 3.40) that is intended to provide funds for the construction of facilities to ensure a continuing supply of potable water including pump stations, water reservoir facilities, wells, treatment facilities and waterlines.
b. All extensions of distribution and transmission mains from the Water Utility’s existing water system to serve new customers shall be made under the provisions of this rule.
c. Extensions solely for temporary, standby, or supplemental service shall not be made under this rule.
d. The Water Utility may extend transmission and distribution mains prior to development at its cost, provided these extensions are considered to be in the best interests of the Water Utility. The total cost of any such extension shall be reimbursed to the Water Utility by the owner or developer of properties benefited by said extension by payment of water infrastructure facilities fee at the time application for water service is made.
e. The Water Utility may approve extensions under this rule in easements or rights-of-way where final grades have not been established or where street grades have not been established. If extensions are made when grades have not been established and there is a reasonable probability that the existing grade will change, the Water Utility shall require that the applicant or applicants for the main extension deposit the estimated net cost of relocating, raising, or lowering facilities upon establishment of final grade.
f. The design of an extension shall be based upon:
1. The provisions of adequate capacity to meet the present and future requirements of the area to be benefited.
2. Distribution system operational needs and efficiency.
3. Maintenance requirements.
4. Anticipated life of extension.
g. Main extensions shall generally be located on dedicated City streets or on rights-of-way granted to the City of Norco or water main location. Under no circumstances shall any building or private structure be placed over or around any water main or extension, unless first approved by the Director of Public Works along with conditions such as provisions for ready and easy access to any and all parts or points of such main or extension.
h. Materials and standards of construction shall be those which have been adopted and are used by the Water Utility for the area and class of service to be provided.
i. The design, location, materials, and standards of construction of any and all extensions shall be approved by the Director of Public Works or his/her designee.
j. All extensions shall originate at the nearest adequate existing main as determined by the Director of Public Works or his/her designee and shall extend the full length of the property to be provided with water service.
2. Special Conditions.
a. Special conditions of service and related matters applicable to these rules and regulations not expressly covered shall be resolved by the Director of Public Works.
b. In unusual circumstances, when the application of these rules appears impractical or unreasonable, the applicant may refer the matter to the Director of Public Works for special ruling or for the approval of special conditions, which are agreed upon prior to commencing construction. If the matter is not satisfactorily resolved with the Director of Public Works, the applicant may petition the City Council for final determination.
B. Extensions to Serve Individuals, Subdivisions, Tracts, and Commercial and Industrial Developments.
1. Distribution Mains. Where a distribution main must be extended to a new subdivision or development, the entire cost of the main shall be paid for and be installed by the developer of the property to which the system is extended.
The Director of Public Works may determine that the best interests of the distribution system would be served by a main larger than that required by the applicant’s needs and require the applicant to install a larger size main. Applicants shall be responsible for the entire cost of all mains up through 12 inches in diameter.
2. Transmission Mains. A main extension which is larger than 12 inches in diameter shall be designated as a transmission main. Transmission mains shall be paid for jointly by the Water Utility and the developer extending the main. The Water Utility shall pay only those costs attributable to the larger size main on an incremental basis, not on a proportional basis. The cost to be paid by the Water Utility for said incremental difference shall be the subject of an agreement between the Water Utility and the developer and shall be based on current estimates or actual bid prices.
3. The Developer’s Responsibility.
a. Complete engineering of the main extension shall be by a registered civil engineer and shall include submission of a full set of detailed improvement plans of a scale acceptable to the Water Utility, along with applicable plan check and inspection fees.
b. After all changes, modifications, and additions requested by the Water Utility have been made on the plans and they have been approved, the owner or developer shall file a complete set of reproducible permanent transparencies of the approved plans with the Water Utility. Said transparencies shall become the property of the City.
c. The developer shall have the required installation performed by a contractor who possesses a current City of Norco business license, California Class A contractor’s license permitting this type of construction work and shall furnish the necessary surety as required under the Norco Municipal Code.
If the developer plans to enter into a reimbursement agreement with the Water Utility, the main must be competitively bid with at least three bids. The applicant shall provide the Water Utility with copies of all bids and, upon completion of the project, a statement of actual construction cost in reasonable detail.
d. All laboratory analyses required in connection with chlorinating and sanitizing the newly installed system shall be performed by a State of California licensed and certified laboratory. All charges shall be borne by the developer.
e. Newly installed mains must be pressure tested prior to acceptance by the Water Utility.
f. The developer shall dedicate the main extension to the Water Utility, free of all liens, together with all necessary rights-of-way for future maintenance and upkeep.
4. City’s Responsibility.
a. The submitted plans shall be examined for conformance with the Water Utility’s specifications and standards and other requirements. Any errors and omissions found by the Water Utility will be indicated on the plans, and they shall be returned to the engineer for correction.
b. The Water Utility shall charge the actual cost for time spent checking plans and inspecting the construction of main extensions. The Water Utility shall estimate the plan check fee and the inspection fee when plans are first submitted, and this estimated cost shall be deposited before plan check begins.
c. The Water Utility’s inspector shall inspect all facilities installed by the developer’s contractor to ensure compliance with the plans and specifications.
d. Upon completion and acceptance of the work, the Water Utility shall prepare a final accounting of the plan checking and inspection and either bill for the additional amount owed or refund excess payments. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.160 Service connections, meters, and customer’s facilities.
A. General.
1. After application has been made and all applicable fees have been paid (for all services), the applicant shall be responsible for hiring of a qualified contractor to install the necessary service connection and meter assembly per Water Utility specifications and standards. Meter assembly will be provided by the City. The Water Utility must verify the contractor possesses a current California Class A contractor’s license prior to issuing any permit.
2. For service connections two inches and smaller, the meter assembly will generally be installed at a convenient location between the curb or edge of pavement and the property line. For larger service connections, including firelines, the meter assembly will generally be installed above ground upon the customer’s premises, in which case the applicant shall allow the meter assembly and service line to occupy the premises by the granting of the necessary easements, rights-of-way, or by the application agreement at the Water Utility’s option.
3. The connection point for the new service connection to the mainline will be determined by the Water Utility. The service connection will generally determine the point of delivery of water service to the customer.
B. Customer’s Responsibility. The customer, as a condition precedent to receiving service, shall:
1. Make application for services (see Section 14.04.030).
2. Furnish and lay the necessary piping to make the connection to the place of consumption and shall keep such piping in good repair in accordance with such reasonable requirements of the Water Utility as may be incorporated in the rules herein.
3. Provide a main valve on the piping between the service connection and the point of customer use for convenience and safety.
4. Provide a bacterial clearance certificate for services three inches and larger.
5. Provide an approved backflow protection device if required per Section 14.04.210.
C. City’s Responsibility.
1. The submitted plans and application shall be examined for conformance with the Water Utility’s specifications and standards and other requirements. Any errors and omissions found by the Water Utility will be indicated on the plans, and they shall be returned to the engineer for correction.
2. The Water Utility shall charge a “plan check” and “inspection” fee based on the amount of the proposed work. The plan check and inspection fee shall be per the fee resolution adopted by City Council.
3. The Water Utility’s inspector shall inspect all facilities installed by the developer’s contractor to ensure compliance with the plans and specifications.
D. Ownership and Absence of Rental Obligation Where Facilities Are on the Premises of Customer.
1. The service connection from the main and the meter assembly located wholly or partially upon a customer’s premises, whether in an easement or not, are the property of the Water Utility.
2. No rent or other charge will be paid by the Water Utility where the Water Utility owned service facilities are located on a customer’s premises.
3. In cases where the location of a meter assembly on the applicant’s premises is a considerable distance back of the property line, the applicant shall grant the necessary easements or rights-of-way or authorize such occupancy by the application agreement and will own and be responsible for maintaining the service line from the property line to the meter assembly.
E. Access to Premises of Customer.
1. The Water Utility shall at all reasonable hours have access to meters, service connections, and other property owned by it which may be located on a customer’s premises for purposes of installation, meter reading, maintenance, operation, or removal of the property. The customer’s system shall be open for inspection at all reasonable times to authorized representatives of the Water Utility.
2. Any inspection work or recommendations made by the Water Utility or its agents in connection with plumbing or appliances, or any use of water on the customer’s premises either as a result of a complaint or otherwise, will be made without charge.
3. Any person who, as owner or occupant of any premises, refuses admittance to or hinders or prevents inspection by an authorized employee of the Water Utility may, after service of a notice of intention and after 24 hours or such service, have all water shut off.
F. Impairment of Service to Other Customers. Where the use of water is unusually intermittent or is subject to violent fluctuations of a character that may impair service to other customers, the Water Utility may require that the customer provide, at the customer’s expense, suitable equipment to reasonably limit fluctuations in use and pressures caused by the customer’s equipment or operations.
G. Prevention of Flow from One Service Connection through Another. If a premises is supplied by more than one service connection, the customer may be required to install a check valve (double check valve for firelines) at each service connection to prevent the flow of water from one service through another.
H. Damage to Water Utility’s Property. The customer shall be liable for any damage to a meter or other property owned by the Water Utility which is caused by an act of the customer or his tenants, agents, employees, contractors, or permittees (including the breaking or destruction of locks or angle meter stops 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 Water Utility shall be promptly reimbursed by the customer for any such damage upon presentation of a bill for same.
I. Relief Valve Required. As a protection to the customer’s plumbing system, a suitable pressure relief valve must be installed and maintained by the customer when check valves or other protective devices are used. The relief valve shall be installed between the check valves and the water heater.
J. Meter Box Obstruction. No person shall place trash, dirt, building materials, or other objects or obstructions on or around meter boxes; or shall allow meter boxes to become obstructed or obscured by vines, trees, shrubs, grass, or plants that will make their location difficult to determine or interfere with their free access or use.
In the event of obstruction or obscuring, a message will be printed on the water bill stating the obstruction must be removed by the due date shown on the bill.
K. Shut-Off Valves. All shut-off valves and service cocks shall be installed by the Water Utility or an approved licensed contractor per the Water Utility standards. Such shut-off valves and service cocks shall not be used or manipulated by the customer, except in extreme emergency. For ordinary usage all customers shall provide their own valves and shut-off cocks between the water meter and the first point of customer use.
L. Tapping Mains. No person, firm, or corporation shall tap, open or connect to, or cause, permit, or allow to be tapped, opened, or connected to, any water main or pipe without first having made application to the Water Utility and receiving a permit therefor.
M. Ground-Wire Attachments. All persons are forbidden to attach any ground-wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the Water Utility. The Water Utility will hold the customer liable for any damage to its property occasioned by such ground-wire attachments. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.170 Measurement of service.
A. Method of Measuring Service.
1. Metering. All water sold by the Water Utility will be upon the basis of metered volume sales except that the Water Utility may at its option provide flat rate or estimated service for the following:
a. Temporary service where the water use can be readily estimated.
b. Public and private fire protection service.
c. Water used for street sweeping, storm drain flushing, and sewer cleaning, when provided for by contract between the Water Utility and the municipality or other governmental authority.
2. Registration of Meter. All meters used for metered sales shall have registration devices indicating the unit volume of water in hundreds of cubic feet (HCF). One unit is equal to 100 cubic feet or 748 gallons.
B. Meter Test Facilities and Equipment. The Water Utility shall provide the necessary standard facilities, instruments, and other equipment for testing meters in compliance with these rules.
C. Accuracy Requirements of Water Meters.
1. General. All meters used for measuring quantities of water delivered to customers shall be in good mechanical condition, shall be adequate in size and design for the type of service which each measures, and shall be accurate to within generally accepted standards.
2. Test Flows and Determination of Accuracy. For test flows and the standards of accuracy for water meters, the Water Utility adopts as a guide the American Water Works Association’s Manual M6, entitled “Water Meters.”
3. Record of Test. A complete record of all displacement and other mechanical meter tests and data sufficient to allow checking of test calculations shall be recorded by the meter tester.
4. Repaired or Tested Meters. All water meters removed from service for repair or testing in accordance with these rules shall be restored to the prescribed limits of accuracy as required by these rules before again being placed in service. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.180 Meter tests and adjustments of bills for meter error.
A. Tests upon Customer Request.
1. Compliance by Water Utility. The Water Utility will, within one week after request by a customer, proceed to test the meter serving the customer’s premises, except where such test may be deferred for a reasonable length of time when it would necessitate the interruption of service to any other customer. Such test of meters, other than meters for which standards of accuracy are established in Manual M6 of the American Water Works Association, will consist of an acceptable method of verifying the accuracy of the meter. All tests on meter accuracy shall be conducted by an independent third party selected by the Water Utility.
2. Charge for Test.
a. The customer shall deposit with Utility Billing a “meter test deposit” as designated in the fee resolution adopted by City Council.
b. For testing a three-inch or larger meter, the “meter test deposit” shall be made on the basis of a cost estimate provided by the Water Utility’s third-party meter testing vendor. If the meter cannot be tested in place the customer’s deposit will also include the cost associated with the Water Utility to remove the meter and delivery to the third-party testing vendor.
3. Test Procedure. Every meter tested at the request of a customer will be tested in the condition as found in the customer’s service prior to any alteration or adjustment, in order to determine the average meter error. This test will consist of testing at the three rates of flow as determined in the American Water Works Association’s Manual M6.
4. Return of Deposit. Any deposit made under subsection (A)(2) of this section will be returned to the customer if the average meter error is found to be more than two percent fast; otherwise, the deposit is forfeited as payment for said meter test.
5. Location of Test. The testing of any meter two inches or smaller will require the meter to be removed and sent to an independent third-party testing company for analysis. For meters larger than three inches the City may elect to test the meters in place if the appropriate test ports are available or remove the meter and send it to the third-party testing company for analysis.
6. Report of Test to Customer. A report showing the results of the test will be furnished to the customer within 15 days of the completion of the test.
B. Adjustments of Bill Based on Meter Test.
1. Fast Meters. When upon test a meter is found to be registering more than two percent fast, Utility Billing will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not to exceed a period of six months.
2. Slow Meters. When upon testing a meter used for residential service is found to be registering more than 25 percent slow or any meter for other classes of service is found to be registering more than 10 percent slow, the Utility Billing may bill the customer for the amount of the undercharge based on corrected meter readings for the period the meter was in service, but not to exceed a period of four months.
3. Nonregistering Meters. Utility Billing may bill the customer for water consumed while the meter was nonregistering, but not to exceed a period of four months, using an estimate of the consumption based upon the customer’s prior use over a 12-month period. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.190 Service to separate premises and multiple units, and resale of water.
A. Number of Services to Separate Premises. Separate premises (lot or parcel of real property) under single control or management will be supplied through separate individual service connections unless the Water Utility elects otherwise.
B. Service to Multiple Units on Same Premises. Separate houses, buildings, living, or business quarters on the same premises, under a single control or management, may be served at the option of the applicant by either of the following methods:
1. Through separate service connections to each or any unit providing that the piping system from each service is independent of the others, and is not interconnected. This will allow for independent billing for services to each dwelling unit or business.
2. Through a single service connection to supply the entire premises. In such case, the Water Utility will require a single service connection with individual customer meters to serve each dwelling unit or business. This will allow for independent billing for services to each dwelling unit or business.
The responsibility for payment of charges for all services furnished, in accordance with these rules, must be assumed by the applicant and/or owner. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.200 Fire protection.
A. Private Fire Protection.
1. Private fire protection services will be provided under the conditions specified in Section 14.04.160, Service connections, meters, and customer’s facilities.
2. The location of all private fire hydrants shall be determined by the City of Norco Fire Department.
3. The rates for private fire protection services, “fireline service,” are specified in the current rate schedule adopted by City Council.
B. Public Fire Protection.
1. The Water Utility and the City of Norco Fire Department shall determine the location of all public fire hydrants.
2. Public fire hydrants requested by a customer or required by the City of Norco Fire Department as a condition of development, shall be installed by a private contractor at the customer’s expense.
3. A customer’s request for a public fire hydrant relocation will be granted; provided, that the relocation is agreed upon by the Water Utility and the City of Norco Fire Department and is paid for by the customer.
4. Public fire hydrants installed as part of a main extension by a customer shall be paid for by the customer.
C. Obstructing Use of Fire Hydrants. No person shall place on or about fire hydrants or fire hose connections any materials, trash, dirt, or other objects or obstructions or shall allow fire hydrants to become obstructed or obscured by vines, trees, shrubs, or plants that will make their location difficult to determine or interfere with their free access or use, except as provided for in Section 14.04.130.
In the event of obstruction or obscuring, notice shall be given by the Water Utility to the property adjacent to such hydrant that the obstruction be removed within a designated time. If obstructions are not removed within the designated time, the Water Utility will remove at the property owner’s expense.
D. Use of Fire Hydrants. Public or private fire hydrants connected to the City water system shall be operated only by the Water Utility, Norco Fire Department, or a person who has obtained a permit from the Water Utility. Any person desiring to use water through any public or private hydrant must comply with Section 14.04.130 and this section. Any person using a fire hydrant without a permit may be charged with theft of water and fined. Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is an infraction punishable by law.
E. Hydrant Flow Tests. Fire flow tests are conducted on hydrants to determine water availability in planning for firefighting activities, fire sprinkler systems or domestic water demand. The tests are also useful in determining the general condition of the water distribution system by detecting closed valves or wall deposits. A well-maintained water system enables firefighters to extinguish flames and prevent large-scale damage or loss of life.
The Water Utility offers fire flow availability testing services by contacting the Public Works Counter at (951) 270-5627, identify the hydrant location you would like to be tested and pay the required nonrefundable fee as specified as “fire flow test fee” in the fee resolution adopted by City Council. At its discretion, the Water Utility may also allow the customer to hire a third party contractor to perform the fire flow test. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.210 Cross-connection program.
A. Cross-Connection Control—General Policy.
1. Purpose. The purpose of these regulations is:
a. To protect the public potable water supply of the City of Norco from the possibility of contamination or pollution by isolating within the consumer’s internal distribution system or consumer’s private water system such contaminants or pollutants which could backflow into the public water system; and
b. To promote the elimination or control of existing cross-connections, actual or potential, between the consumer’s in-plant potable water system and nonpotable water system, plumbing fixtures and industrial piping system; and
c. To provide for the maintenance of a continuing program of cross-connection control which will systematically and effectively prevent the contamination or pollution of the City of Norco’s potable water system.
2. Responsibility. The Director of Public Works or his/her designee shall be responsible for the protection of the public water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connections. If, in the judgment of said Director of Public Works an approved backflow prevention assembly is required (at the consumer’s water service connection or within the consumer’s private water system) for the safety of the water system, the Director of Public Works or his/her designated agent shall give notice in writing to said consumer to install such an approved backflow prevention assembly at a specific location on his premises. The consumer shall immediately install such an approved backflow prevention assembly at the consumer’s own expense; and failure, refusal or inability on the part of the consumer to install, have tested and maintained said assembly shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met.
B. Definitions.
1. Director of Public Works. Director is vested with the authority and responsibility for the implementation of the City of Norco’s cross-connection control program and for the enforcement of the provisions of these regulations.
2. Approved.
a. The term “approved” as herein used in reference to a water supply shall mean a water supply that has been approved by the health agency having jurisdiction.
b. The term “approved” as herein used in reference to an air gap, a double check valve assembly, a reduced pressure principle backflow prevention assembly or other backflow prevention assemblies or methods shall mean as approved by the Director.
3. Auxiliary Water Supply. Any water supply on or available to the premises other than the Water Utility’s approved public water supply will be considered as an auxiliary water supply. These auxiliary waters may include water from another Water Utility’s public potable water supply or any natural source(s) such as a well, spring, river, stream, harbor, etc., or used waters or industrial fluids. These waters may be contaminated or polluted or they may be objectionable and constitute an unacceptable water source over which the Water Utility does not have sanitary control.
4. Backflow. The term “backflow” shall mean the undesirable reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of the potable supply of water from any source or sources. See terms “Backpressure,” subsection (B)(5) of this section, and “Backsiphonage,” subsection (B)(6) of this section.
5. Backpressure. The term “backpressure” shall mean any elevation or pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow.
6. Backsiphonage. The term “backsiphonage” shall mean a form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exit at a site in the water system.
7. Backflow Preventer. An assembly or means designed to prevent backflow.
a. Air Gap. The term “air gap” shall mean a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An “approved air gap” shall be at least double the diameter of the supply pipe measured vertically above the overflow rim of the vessel—in no case shall the air gap be less than one inch.
b. Reduced Pressure Principle Backflow Prevention Assembly. The term “reduced pressure principle backflow prevention assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The backflow device shall include properly located resilient seated test cocks and tightly closing resilient seated shut-off valves at each end of the assembly. This assembly is designed to protect against a nonhealth (i.e., pollutant) or a health hazard (i.e., contaminant). This assembly shall not be used for backflow protection of sewage or reclaimed water.
c. Double Check Valve Backflow Prevention Assembly. The term “double check valve backflow prevention assembly” shall mean an assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shut-off valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly shall only be used to protect against a nonhealth hazard (i.e., pollutant).
8. Contaminant. The term “contaminant” shall mean an impairment of the quality of the water which creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids, waste, etc.
9. Cross-Connection. The term “cross-connection” shall mean any unprotected actual or potential connection or structural arrangement between a public or a consumer’s potable water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections.
a. The term “direct cross-connection” shall mean a cross-connection which is subject to both backsiphonage and backpressure.
b. The term “indirect cross-connection” shall mean a cross-connection which is subject to backsiphonage only.
10. Cross-Connection—Controlled. A connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed and maintained so that it will continuously afford the protection commensurate with a degree of hazard.
11. Cross-Connection Control—Service Protection. The term “service protection” shall mean the appropriate type or method of backflow protection at the service connection, commensurate with the degree of hazard of the consumer’s potable water system.
12. Hazard, Degree of. The term “degree of hazard” shall mean either a pollutant (nonhealth) or contaminant (health) hazard and is derived from the evaluation of conditions within a system.
a. Hazard—Health. The term “health hazard” shall mean 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 that would be a danger to health.
b. Hazard—Plumbing. The term “plumbing hazard” shall mean an internal or plumbing type cross-connection in a consumer’s potable water system that may be either a pollutant or a contaminant type hazard. This includes but is not limited to cross-connections to toilets, sink, lavatories, wash trays and lawn sprinklers. Plumbing type cross-connections can be located in many types of structures including homes, apartment houses, hotels and commercial or industrial establishments. Such a connection, if permitted to exist, must be properly protected by an appropriate type of backflow prevention assembly.
c. Hazard—Pollutant. The term “pollutant hazard” shall mean an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system but which would not constitute a health or system hazard, as defined. The maximum degree of intensity of pollution to which the potable water system could be degraded under this definition would cause a nuisance or be aesthetically objectionable or could cause minor damage to the system or its appurtenances.
d. Hazard—System. The term “system hazard” shall mean an actual or potential threat of severe danger to the physical properties of the public or consumer’s potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
13. Industrial Fluids. The term “industrial fluids” shall mean any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration which would constitute a health, system, pollutant or plumbing hazard if introduced into an approved water supply. This may include, but not be limited to: polluted or contaminated used waters; all types of process waters and “used waters” originating from the public potable water system which may deteriorate in sanitary quality; chemicals in fluid form; plating acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, rivers, bays, harbors, seas, irrigation canals or systems, etc.; oils, gases, glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used industrially, for other processes, or for firefighting purposes.
14. Pollution. The term “pollution” shall mean an impairment of the quality of the water to a degree which does not create a hazard to the public health but which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.
15. Water—Potable. The term “potable water” shall mean any public potable water supply which has been investigated and approved by the local health agency. The system must be operating under a valid health permit. In determining what constitutes an approved water supply, the local health agency has final judgment as to its safety and potability.
16. Water—Nonpotable. The term “nonpotable water” shall mean a water supply which has not been approved for human consumption by the local health agency having jurisdiction.
17. Water—Service Connection. The term “service connection” shall mean the terminal end of a service connection from the public potable water system (i.e., where the Water Utility may lose jurisdiction and sanitary control of the water at its point of delivery to the consumer’s water system). If a water meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the water meter.
18. Water—Used. The term “used water” shall mean any water supplied by a Water Utility from a public potable water system to a consumer’s water system after it has passed through the service connection and is no longer under the control of the Water Utility.
C. Requirements.
1. Water System.
a. The water system shall be considered as made up of two parts: the Water Utility’s system and the consumer’s system.
b. Water Utility’s system shall consist of the source facilities and the distribution system; and shall include all those facilities of the water system under the complete control of the Water Utility, up to the point where the consumer’s system begins.
c. The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.
d. The distribution system shall include the network of conduits used for the delivery of water from the source to the consumer’s system.
e. The consumer’s system shall include those parts of the facilities beyond the termination of the Water Utility’s distribution system which are utilized in conveying potable water to points of use.
2. Policy.
a. No water service connection to any premises shall be installed or maintained by the Water Utility unless the water supply is protected as required by Title 17 of California Code of Regulations—Sections 7583 through 7605, California Plumbing Codes and these regulations. Service of water to any premises shall be discontinued by the Water Utility if a backflow prevention assembly required by these regulations is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
b. All developers, contractors or others performing installation of any backflow assembly must adhere to current City of Norco Water Utility specifications and standards. A copy of Water Utility specifications and standards can be viewed online at the City of Norco website or a hard copy can be purchased at City Hall—Public Works counter.
c. The consumer’s system should be open for inspection at all reasonable times to authorized representatives of the City of Norco and County of Riverside Public Health to determine whether unprotected cross-connections or other structural or sanitary hazards, including violations of the regulations, exist. When such a condition becomes known, the Director shall immediately discontinue service to the premises by locking off the service at the meter or providing for a physical break in the service line until the consumer has corrected the condition(s) in conformance with California Laws and Regulations, California Plumbing Codes statutes relating to plumbing and water supplies and the regulations adopted pursuant thereto.
d. An approved backflow prevention assembly shall also be installed on each service line to a consumer’s water system at or near the property line or immediately inside the building being served; but, in all cases, before the first branch line leading off the service line wherever the following conditions exist:
1. In the case of premises having an auxiliary water supply which is not or may not be a safe bacteriological or chemical quality and which is not acceptable as an additional source by the Director of Public Works, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard.
2. In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line commensurate with the degree of hazard. This shall include the handling of process waters and waters originating from the Water Utility’s system which have been subject to deterioration in quality.
3. In the case of premises having (a) internal cross-connections that cannot be permanently corrected or protected against, or (b) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.
e. The type of protective assembly required under subsections (C)(2)(d)(1) through (3) of this section shall depend upon the degree of hazard which exists as follows:
1. In the case of any premises where there is an auxiliary water supply as stated in subsection (C)(2)(d)(1) of this section and it is not subject to any of the following rules, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly.
2. In the case of any premises where there is water or substances that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double check valve backflow prevention assembly.
3. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, mortuaries and plating plants.
4. In the case of any premises where there are unprotected cross-connections, either actual or potential, the public water system shall be protected by an approved air gap or an approved reduced pressure principle backflow prevention assembly at the service connection.
5. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected against backflow from the premises by either an approved air gap or an approved reduced pressure principle backflow prevention assembly on each service to the premises.
f. Any backflow prevention assembly required herein shall be a make, model and size approved by the Water Utility. The term “approved backflow prevention assembly” shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association entitled:
AWWA/ANSI—Standard for Double Check Valve Backflow Prevention Assemblies;
AWWA/ANSI—Standard for Reduced Pressure Principle Backflow Prevention Assemblies;
and have met completely the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (USC FCCCHR) established in:
Specifications of Backflow Prevention Assemblies—Section 10 of the most current edition of the Manual of Cross-Connection Control.
Backflow preventers which may be subjected to backpressure or backsiphonage that have been fully tested and have been granted a certificate of approval by USC FCCCHR and are listed on USC’s current list of approved backflow prevention assemblies may be used without further test or qualification.
g. It shall be the duty of the consumer at any premises where backflow prevention assemblies are installed to have a field test performed by a certified backflow prevention assembly tester upon installation and at least once per year. In those instances where the Water Utility deems the hazard to be great enough the City may require field tests at more frequent intervals. These tests shall be at the expense of the water user and shall be performed by a certified tester approved by the County of Riverside Public Health. It shall be the duty of the Water Utility to see that these tests are made in a timely manner. These assemblies shall be repaired, overhauled or replaced at the expense of the consumer whenever said assemblies are found to be defective. Records of such tests, repairs and overhauls must be provided to the Water Utility and the County of Riverside Public Health for their respective permanent files.
h. All presently installed backflow prevention assemblies which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained shall, except for the testing and maintenance requirements under subsection (C)(2)(g) of this section, be excluded from the requirements of these rules so long as the Water Utility is assured that they will satisfactorily protect the Water Utility’s system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the Water Utility finds that the maintenance constitutes a hazard to health, the unit shall be replaced by an approved backflow prevention assembly meeting the requirements of this section.
i. The Director is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of said cross-connection program.
3. Surveys and Notification.
a. New Service Connection. The Water Utility shall review all requests for permanent and temporary services to decide if backflow protection is needed. Plans must be submitted to the Water Utility upon request for review of potential unprotected cross-connection hazards as a condition of service from a new service connection. If it is decided that a backflow prevention assembly is necessary to protect the Water Utility’s potable water system, the required assembly must be installed and tested before service will be established. The location of the new backflow assembly shall be above grade as close as practical to the water service connection. The Director of Public Works or his/her designee must approve the location of all backflow prevention assemblies installed for service protection (meter protection, irrigation or fire service). Any new backflow prevention assemblies required for internal protection shall be inspected for proper installation/orientation by the Director of Public Works or his/her designee.
b. Existing Service Connection. The Water Utility may require an on-premises inspection or re-inspection survey to evaluate the cross-connection hazards of any premises to which it serves water. The Water Utility will request an inspection appointment with each affected customer. Any customer who cannot or will not allow an on-premises inspection of the water piping system shall be required to install the approved backflow prevention assembly the Water Utility considers necessary.
1. The Water Utility will notify the customer of the survey inspection findings, listing any required corrective actions. A period of 30 days will be given to complete all corrective actions requested, including installation and testing of all necessary backflow protection assemblies. A 30-day extension may be granted in situations having extenuating circumstances.
2. A second notice will be sent to each customer who does not take the required corrective action prescribed in the first notice. The second notice will give the customer an additional two-week period to complete the required action. If no action is taken within the two-week period, the Director of Public Works may suspend water service to the affected customer until the required corrective actions are completed.
4. Annual Backflow Assembly Test/Inspection.
a. An annual testing notice will be sent to notify the water customer when an assembly needs to be tested. It shall contain a date when the testing must be completed.
1. First Notice. This notice will give the water customer one month to have the assembly tested. The original test report must be returned to the City of Norco’s Department of Public Works and a copy submitted to the County of Riverside Public Health. Whenever a test shows a malfunction, the assembly shall be repaired or replaced within 15 days of observed failure and shall be retested.
2. Second Notice. This notice shall be sent to each customer not having their backflow prevention assembly tested within the time limit prescribed in the first notice. The second notice will give the customer an additional two-week period to complete the required testing.
3. Third and Final Notice. This notice shall be sent to each customer not having their backflow prevention assembly tested within the time limit prescribed in the second notice. This notice will be hand delivered or sent certified mail to the customer. The customer will have an additional seven days to complete the required testing. Any customer failing to complete the required testing within the allotted time may have their water service(s) suspended. The Director of Public Works will make the final determination regarding whether to suspend water service to the affected customer until the required backflow testing has been completed.
b. Testing of backflow assemblies shall only be conducted by competent backflow prevention assembly testers certified by the County of Riverside Public Health. A copy of the current list of certified testers can be reviewed on the City’s website or by contacting the County of Riverside Public Health directly. Testing and maintenance costs are the responsibility of the water customer. All backflow prevention assemblies must be tested immediately after installation, relocation or repair and at least annually after that.
5. Backflow Enclosure.
a. All backflow prevention assemblies utilized for system protection, between three-quarter inch and two and one-half inches in size, must be provided minimal protection from vandalism/theft by installing a backflow enclosure. All new backflow prevention assemblies between three-quarter inch and two and one-half inches in size must have a backflow enclosure unless a written waiver has been granted by the Director of Public Works or his/her designee. Installation requirements and specifications for the backflow protective enclosure can be found in the City of Norco’s Water Utility specifications and standards handbook. The backflow protective enclosure must be painted to meet the Water Utility standards. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)
14.04.220 Emergency water conservation program.
A. Declaration of Necessity and Intent. The Water Utility water supplies are required to be put to their maximum beneficial use. Water conservation is required even in the best of times, and wasteful or unreasonable uses must be prevented. Water conservation must be practiced so that adequate and reliable water supplies are available to serve customers of the City. The provisions of this section shall supersede any inconsistent provisions of the municipal code.
Established the following five water shortage response levels to be implemented in response to worsening water shortage conditions or decreasing water supplies:
Level 1—Water Shortage Watch. Use restrictions are voluntary with a conservation target of 10 percent.
Level 2—Water Shortage Caution. Use restrictions are mandatory with a conservation target of up to 20 percent.
Level 3—Water Shortage Alert. Use restrictions are mandatory with a conservation target of up to 30 percent.
Level 4—Water Shortage Critical. Use restrictions are mandatory with a conservation target of up to 40 percent.
Level 5—Water Shortage Emergency. Use restrictions are mandatory with a conservation target of more than 50 percent.
During water shortage response levels 2 through 5, violations of the water use restrictions cited in this emergency water conservation program and/or water allocation targets listed in water shortage levels 2 through 5 are set forth in subsection (J) of this section.
B. Application of Regulation. These regulations shall apply to all customers, water users, and premises served by the Water Utility, wherever situated, and shall also apply to all premises and facilities owned, maintained, operated, administered, or under the jurisdiction of the City.
C. Water Conservation and Unreasonable Uses of Water.
1. It shall be unlawful at any time for any person to make, cause, or use or permit the use of water from the City for residential, commercial, industrial, institutional, agricultural, irrigation, governmental, or any other purpose in a manner contrary to any mandatory provision of this chapter, or in an amount in excess of that use permitted by the water shortage response levels which are in effect pursuant to this chapter or by action taken by the City Council in accordance with this chapter. The water conservation and supply shortage response measures set forth in this section shall be in effect at all times and subject to the penalties herein.
2. To prevent the waste and unreasonable use of water and to promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by a State or Federal agency:
a. The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, nonirrigated 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 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. Watering lawns and/or groundcovers and irrigating landscaping between the hours of 8:00 a.m. and 8:00 p.m.
f. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall;
g. The serving of drinking water other than upon request in eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served and/or purchased;
h. The irrigation with potable water of ornamental turf on public street medians; and
i. The irrigation with potable water of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development.
3. To promote water conservation, operators of hotels and motels shall provide guests with the option of choosing not to have towels and linens laundered daily. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.
4. Immediately upon this subsection taking effect, all commercial, industrial and institutional properties that use a water supply, any portion of which is from a source other than a water supplier subject to California State Water Resources Control Board Regulation Section 864.5 or 865, shall either:
a. Limit outdoor irrigation of ornamental landscapes or turf with potable water to no more than two days per week; or
b. Target potable water use reductions commensurate with those required of the nearest urban water supplier under California State Water Resources Control Board Regulation Section 864.5 or, if applicable, Section 865. Where this option is chosen, these properties shall implement the reductions on or before July 1, 2016.
5. The taking of any action prohibited in subsection (C)(2) or (6) of this section, or the failure to take any action required in subsection (C)(3) or (4) of this section, is an infraction punishable by a fine of up to $500.00 for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
6.a. To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
1. Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under Section 4735, subdivision (a) of the Civil Code; or
2. Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in Section 4735, subdivision (c) of the Civil Code.
b. As used in this subsection:
1. “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
2. “Homeowners’ association” means an “association” as defined in Section 4080 of the Civil Code.
3. “Common interest development” has the same meaning as in Section 4100 of the Civil Code.
4. “Community service organization or similar entity” has the same meaning as in Section 4110 of the Civil Code.
5. “Governing documents” has the same meaning as in Section 4150 of the Civil Code.
6. “Separate interest” has the same meaning as in Section 4185 of the Civil Code.
c. If a disciplinary proceeding or other proceeding to enforce a rule in violation of subsection (C)(6)(a) of this section is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
7. A water shortage response level shall be determined by the City Council in accordance with the provisions of the water conservation program. A water shortage response level shall remain in full force and effect until otherwise determined or discontinued by resolution of the City Council.
8. The City may declare a water shortage emergency (level 5) during any water shortage response level.
9. During water shortage response levels 2 through 5, the water conservation and supply shortage response measures are mandatory, and violations are subject to administrative, civil, and criminal penalties and remedies as specified in this section and by State law.
D. Water Shortage Response Level 1—Water Shortage Watch Condition.
1. A water shortage response level 1 condition is also referred to as a “water shortage watch” condition. A level 1 condition applies when the City Council requests all water users to voluntarily reduce their water use up to 10 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 1 by the adoption of a resolution, and the City Manager or designee shall implement the level 1 conservation practices;
2. During a level 1 water shortage watch condition, the City shall increase its public education and outreach efforts to enhance awareness of the need to implement the following water conservation practices:
a. Do not use water to wash down sidewalks, driveways, parking areas, tennis courts, patios, or other paved areas, except to alleviate immediate safety or sanitation hazards.
b. Adjust sprinklers and irrigation systems to avoid overspray, runoff, and waste. Customers should also avoid watering on windy days.
c. Irrigate all landscapes before dawn, if possible, but never between 8:00 a.m. and 8:00 p.m. Use a hand-held hose equipped with a positive shut-off nozzle or bucket to water landscaped areas that are not irrigated by a landscape irrigation system.
d. Agricultural users are requested to reduce water usage and to consult with the City as needed or industry associations in their area for appropriate water conservation measures and to implement them as soon as possible.
e. Residents are urged to design and install water-wise landscaping utilizing native and other drought-tolerant plant materials and minimize turf areas for permanent water conservation.
f. Developers of commercial properties are urged to design and install water-wise landscaping utilizing native and other drought-tolerant plant materials and minimize turf areas for permanent water conservation, as required by City landscape ordinances.
g. Install water-saving devices in indoor plumbing.
h. Check faucets, toilets, and pipes, both indoors and outdoors, for leaks and repair them immediately.
i. Wash motor vehicles, trailers, boats, and all other mobile equipment using a bucket or a hand-held hose with a positive shut-off nozzle, mobile high-pressure/low-volume wash system, or at a commercial site that recirculates (reclaims) water on site. Avoid washing during hot conditions when additional water is required due to evaporation.
E. Water Shortage Response Level 2—Water Shortage Caution Condition.
1. A water shortage response level 2 condition is also referred to as a “water shortage caution” condition. A level 2 condition applies when the City Council mandates all water users to reduce their water use more than 10 percent and up to 20 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 2 by the adoption of a resolution, and the City Manager or his/her designee shall implement the level 2 conservation practices.
2. All persons using water provided from the City shall comply with level 1 “water shortage watch” water conservation practices during a level 2 water shortage and shall also comply with the following additional conservation measures:
a. Whether irrigated with potable or nonpotable water, limit all ornamental and turf irrigation to four days per week for no more than 10 minutes per station per day. This provision does not apply to functional turf areas such as athletic fields at schools and parks.
b. Ornamental landscape or turf that utilizes properly operating water-efficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers, and are operated by a functional irrigation controller, may upon verification by the City or its representative, be irrigated for up to 30 minutes per station on the days authorized for landscape irrigation.
c. Verification and repair of all leaks shall occur within 72 hours of notification by the City unless other arrangements are approved by the City Manager or designee.
F. Water Shortage Response Level 3—Water Shortage Alert Condition.
1. A water shortage response level 3 condition is also referred to as a “water shortage alert” condition. A level 3 condition applies when the City Council mandates all water users to reduce their water use more than 20 percent and up to 30 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 3 by the adoption of a resolution, and the City Manager or designee shall implement the level 3 conservation practices.
2. All persons using water provided from the City shall comply with level 1 “water shortage watch” and level 2 “water shortage caution” conservation practices during a level 3 “water shortage alert” condition and shall also comply with the following additional mandatory conservation measures:
a. Whether irrigated with potable or nonpotable water, limit all ornamental and turf irrigation to three days per week for no more than 10 minutes per station per day.
b. Ornamental landscape or turf that utilizes properly operating water-efficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers, and are operated by a functional irrigation controller may upon verification by the City or its representative, be irrigated for up to 20 minutes per station on the days authorized for landscape irrigation.
c. The following irrigation schedule will be implemented and enforced: odd addresses (the last digit is an odd number) may irrigate on Monday, Wednesday and Friday. Even addresses (the last digit is an even number) may irrigate on Tuesday, Thursday and Saturday. There will be no authorized landscape irrigation on Sunday.
d. An alternative three-day schedule may be requested for irrigation of functional turf areas at schools and parks.
e. Vehicles may only be washed at commercial carwashes that recirculate water or by high-pressure/low-volume wash devices.
f. Potable water may not be used for construction purposes. Nonpotable and/or recycled water must be utilized.
g. Verification and repair of all leaks shall occur within 48 hours of notification by the City.
G. Water Shortage Response Level 4—Water Shortage Critical Condition.
1. A water shortage response level 4 condition is also referred to as a “water shortage critical” condition. A level 4 condition applies when the City Council mandates all water users reduce their water use more than 30 percent and up to 40 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare the existence of a water shortage response level 4 by the adoption of a resolution, and the City Manager or designee shall implement the level 4 conservation practices identified in this chapter.
2. All persons using water provided by the City shall comply with level 1 “water shortage watch,” level 2 “water shortage caution,” and level 3 “water shortage alert” conservation practices during a level 4 “water shortage critical” condition and shall also comply with the following additional mandatory conservation measures:
a. Whether irrigated with potable or nonpotable water, limit all irrigation to two days per week for no more than 10 minutes per station per day. Exemptions include:
1. Maintenance of existing landscaping necessary for fire protection as specified by the Fire Marshal of the local fire protection agency having jurisdiction over the property to be irrigated. If fire protection landscaping is not sustainable by irrigation two days per week, irrigation may be increased to not more than three days per week;
2. Maintenance of existing landscaping for erosion control may be irrigated up to three days per week;
3. Watering of livestock and other animals;
4. Public works projects that support public health and safety; and
5. Actively irrigated environmental mitigation projects.
b. Ornamental landscape or turf that utilizes properly operating water-efficient devices which include, but are not limited to, drip/micro irrigation systems, stream rotor sprinklers and are operated by a functional irrigation controller may upon verification by the City or its representative, be irrigated for up to 10 minutes per station on the days authorized for landscape irrigation.
c. The following irrigation schedule will be implemented and enforced: odd addresses (the last digit is an odd number) may irrigate on Monday and Thursday. Even addresses (the last digit is an even number) may irrigate on Tuesday and Friday. There will be no authorized landscape irrigation on Wednesday, Saturday, and Sunday.
3. Upon the declaration of a water shortage response level 4 water shortage critical condition, no new temporary construction meters shall be provided, no statements of immediate ability to serve or provide potable water service such as letters (“will serve”) of water availability shall be issued. No new potable water services or meters shall be provided, except under the following circumstances:
a. A valid, unexpired building permit has been issued for a portion of a project for which construction is in progress.
b. The project is necessary to protect the public’s health, safety, and welfare as determined by the City Council; or
c. The applicant provides substantial evidence to the satisfaction of the City of an enforceable commitment that water demands for the project will be offset by 125 percent prior to the provision of a new water meter(s). This provision shall not be construed to preclude the resetting or turn-on of meters to provide continuation of water service or to restore service that has been interrupted for a period of one year or less.
4. Upon the declaration of a water shortage response level 4 condition, the City will suspend consideration of annexations to its service area, unless the annexation increases the water supply available to the City by more than the anticipated demands of the property to be annexed.
5. To increase conservation, the City may establish a water allocation for property served. The following method will be utilized which accounts for general public health and safety.
a. Residential and Multifamily Customers.
1. City Council will determine the water allocation target percentage for residential accounts in the resolution adopting a level 4 “water shortage response.”
2. This calculation will not apply to any residential account that uses less than 10 units in the billing period to ensure water is provided for public health and safety. A residential water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
3. If the residential account uses more water than the water allocation target amount, a penalty will be applied as set forth herein.
b. Commercial Customers.
1. The City Council will determine the water allocation target percentage for commercial accounts in the resolution adopting a level 4 “water shortage response.”
2. A commercial water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
3. If the commercial account uses more water than the water allocation target amount, said commercial account shall be subject to the penalties set forth herein.
4. Dedicated irrigation accounts must reduce their usage by a minimum of 50 percent. The amount may be adjusted by a resolution of the City Council as deemed necessary to meet water supply demands.
5. An application may be made to the City Council for a variance from the water allocation target.
H. Water Shortage Response Level 5—Water Shortage Emergency Condition.
1. A water shortage response level 5 condition is also referred to as a “water shortage emergency” condition. A level 5 condition applies when the City Council declares a water shortage emergency pursuant to California Water Code Section 350 et seq. or due to other increasing reductions in the City’s water supplies resulting in a shortage of more than 40 percent. Customers are required to reduce their water consumption more than 40 percent to ensure that sufficient supplies will be available to meet anticipated demands. The City Council shall declare a water shortage emergency in the manner and on the grounds provided in California Water Code Section 350 et seq. The City Council shall declare the existence of a water shortage response level 5 by the adoption of a resolution, and the City Manager or designee shall implement the level 5 conservation practices.
2. All persons using water provided from the City shall comply with conservation measures required during level 1 “water shortage watch,” level 2 “water shortage caution,” level 3 “water shortage alert,” and level 4 “water shortage critical” conditions and shall also comply with the following additional mandatory conservation measures:
3. To increase conservation, the City may establish a water allocation for the property served. The following method will be utilized which accounts for general public health and safety.
a. Residential and Multifamily Customers.
1. The City Council will determine the water allocation target percentage for residential accounts in the resolution adopting a level 5 “water shortage response.”
2. This calculation will not apply to any residential accounts that use less than 10 units in the billing period to ensure water is provided for public health and safety.
3. A residential water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
4. If the residential account uses more water than the water allocation target amount, said residential accounts shall be subject to the penalties set forth herein.
b. Commercial Customers.
1. The City Council will determine the water allocation target percentage for commercial accounts in the resolution adopting a level 5 “water shortage response.”
2. A commercial water allocation target will be calculated for each account by comparing the current billing period usage to the same period in the previous year.
3. If the commercial account uses more water than the water allocation target amount, said commercial account shall be subject to the penalties set forth herein.
4. Dedicated irrigation accounts must reduce their usage by 50 percent. The amount may be adjusted by a resolution of the City Council as deemed necessary to meet water supply demands.
5. An application may be made to the City Council for a variance from the water allocation target.
I. Procedures for Determination and Notification of Water Shortage Response Level.
1. City Manager shall monitor water shortage conditions and regulations, as well as evaluate the supply and demand for water by its customers, and shall recommend the water shortage response level to be declared by the members of the City Council by resolution.
2. Upon declaration by the City Council of the existence of a water shortage response level 1 “watch” condition the City shall post notice of the condition on its website.
3. Upon declaration by the City Council of the existence of water shortage response level 2 “water shortage caution,” level 3 “water shortage alert,” level 4 “water shortage critical,” or level 5 “water shortage emergency,” the mandatory conservation measures applicable to water shortage response level 2, 3, 4, or 5 conditions shall take effect on the tenth day after the date the response level is declared or as required by State law. If the City establishes a water allocation in response to a water shortage response level 2, 3, 4, or 5 condition, it shall provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the City customarily mails the billing statement for fees or charges for ongoing water service. The City shall also post notice on the City’s website. Water allocation shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
4. The City Council may declare an end to a water shortage response level by the adoption of a resolution at any regular or special meeting.
J. Violations and Penalties.
1. Any person who uses, causes to be used, or permits the use of water in violation of any portion of this section is guilty of an offense punishable as provided herein.
2. The City will make a reasonable effort to assist customers with compliance. Reasonable efforts include, but are not limited to, personal contact, door hanger, letter, email and via telephone whenever possible to notify customers of any violation.
3. Each day that a violation of this section occurs is a separate offense.
4. Civil penalties shall be imposed for each violation including both water use restrictions specifically cited in this program in water shortage levels 2 through 5 and water allocation target violations as listed in water shortage levels 4 and 5 as follows:
a. Twenty-five dollars for a first violation. Water usage between one and 20 units in excess of the water allocation target during a single billing cycle shall also constitute a first violation.
b. Fifty dollars for a second violation of any provision of this section within one year of the date of the first violation. Water usage between 21 and 50 units in excess of the water allocation target during a single billing cycle shall also constitute a second violation.
c. One hundred dollars for a third violation of this section within one year of the date of the first violation. Water usage between 51 and 100 units in excess of the water allocation target during a single billing cycle shall also constitute a third violation.
d. Two hundred dollars for a fourth violation of this section within one year of the first violation. Water usage between 101 and 300 units in excess of the water allocation target during a single billing cycle shall also constitute a fourth violation.
e. Five hundred dollars for a fifth violation of this section within one year of the first violation. Water usage over 300 units in excess of the water allocation target during a single billing cycle shall also constitute an additional violation, in excess of four.
f. When a civil penalty is to be imposed, the customer will be given written notice of the penalty to be imposed. Within seven days after delivery of such notice, the customer may submit a written request to the City requesting a hearing by the City Manager or designee and an opportunity to present evidence that a violation has not occurred. Within seven business days after the hearing, the City Manager or designee shall render a decision in writing to the customer that requested the hearing. Upon receipt of the written decision, the customer shall have seven days to appeal the decision to the City Council. The City Council shall then schedule the matter for consideration at a regular or special meeting of the City Council and render its decision, which shall be a final decision.
5. Violation is further subject to enforcement through the installation of a flow-restricting device at the meter.
6. In addition to the above civil penalties, each violation of this code is subject to Chapter 1.04.
7. Willful violations of the mandatory conservation measures and water-use restrictions applicable during a level 5 water shortage emergency condition may be enforced by discontinuing service to the property at which the violation occurs.
K. Drought Surcharges. During declared water shortage response levels 2 through 5, mandatory water reductions may result in unplanned reduction in revenues in the water fund. To address the potential future reductions in revenues the City Council may elect to enact a “drought surcharge” during each respective level as a means to stabilize rate revenues. It is important to note that the “drought surcharge” would only be enacted as deemed necessary by the City Council. While the City may never need to enact the surcharges, having the ability to implement them if necessary would allow the City to quickly address unforeseen revenue shortages due to mandatory conservation in the future. The “drought surcharge” shall not be more than adopted by City Council as established by resolution and within proper public notification guidelines as required by Federal or State rules and regulations. A copy of all current “drought surcharges” shall be provided upon request and listed on the City’s website. (Ord. 1056 Sec. 1, 2020; Ord. 1017 Sec. 1, 2017)