Chapter 13.05 WATER RATES AND REGULATIONS

“Service connections” shall be understood to designate the laying of pipes from the main to the property line and meter inclusively. [Ord. 356 § 1, 2017; Ord. 241 § 1, 2000.]

13.05.020 Departmental rules and regulations – Modifying rates.

The Council reserves the right and power from time to time to adopt rules and regulations for the operation and maintenance of the Water Department of the City, and for furnishing water to users, and may likewise establish and modify the rates, charges and penalties established and imposed by this chapter, and may from time to time prescribe rules for the extension of water mains within and beyond the boundaries of the City. [Ord. 356 § 1, 2017; Ord. 241 § 2, 2000.]

13.05.030 Settlement of disputes between consumer and City.

If a dispute shall arise between any water consumer and the City concerning water service or the amount of water billed to such consumer, the dispute may be settled subject to the approval of the Council by the City Manager, unless otherwise authorized by the City Council. The final decision and settlement of any such dispute reviewed by the Council shall be recorded in the meeting minutes. The provisions and procedures provided for in this section are permissive only and shall in no way affect the other provisions of this chapter. [Ord. 356 § 1, 2017; Ord. 241 § 3, 2000.]

Article II. Connections – Installation of Service

13.05.040 Connections.

All new residential dwellings, commercial and industrial buildings within the City shall be required to connect to the City’s water system. [Ord. 356 § 1, 2017.]

13.05.050 Backflow preventer.

If the placing of a check valve or cross connection control valve on the private property side of the water meter of any consumer is necessary in the opinion of the Director of Public Works for the safety and protection of the water system or appliances thereof, such consumer shall be notified in writing by the City to have such a valve installed, at his expense, and if after 10 days’ written notice such valve has not been installed and working, then the service shall be discontinued and the water shut off until such valve is installed and the City notified, after which service will be restored only upon the payment of a reconnection fee established by resolution of the City Council. [Ord. 356 § 1, 2017; Ord. 241 § 4, 2000. Formerly 13.05.040.]

13.05.060 Installation of shut-off valves.

Consumers of water shall install, at their own expense, a shut-off valve inside the property line at a location accessible to the employees of the City and its Water Department or as otherwise approved by the Director of Public Works, and City shut-offs at consumer request will be billed at a fee established by resolution of the City Council. [Ord. 356 § 1, 2017; Ord. 241 § 5, 2000. Formerly 13.05.050.]

13.05.070 Distance of sewer or gas service from water service.

No sewer ditch, sewer pipe, gas pipe or any other service shall be installed or maintained nearer than two feet in any direction to any water service pipe, water main or water service meter of the City. [Ord. 356 § 1, 2017; Ord. 241 § 6, 2000. Formerly 13.05.060.]

13.05.080 Repairs to water mains, meters and lines by City.

The City shall, at its own expense, make all repairs necessary to water mains, meters and pipe lines connecting with water mains. The City shall make no repair or do any work whatsoever on the water pipe line beyond the meter connection or on private property. [Ord. 356 § 1, 2017; Ord. 241 § 7, 2000. Formerly 13.05.070.]

13.05.090 Shutting off water for repairs – Delinquent accounts.

Repealed by Ord. 380. [Ord. 356 § 1, 2017; Ord. 241 § 8, 2000. Formerly 13.05.080.]

13.05.100 Right of entry of City employees for purpose of making inspections.

Any authorized employee of the City shall have reasonable access to any premises supplied with water for the purpose of making inspections of the water system and water meters upon such premises. Any person who, as owner or occupant of any premises, refuses admittance to, or hinders or prevents inspection by, an authorized employee of the City, after service of notice of intention, shall have all water shut off. [Ord. 356 § 1, 2017; Ord. 241 § 9, 2000. Formerly 13.05.090.]

13.05.110 Use of water in steam boilers, hydraulic elevators, power pumps, etc.

It shall be unlawful for any person to draw any water from any pipes or water mains of the City directly into any stationary steam boiler, hydraulic elevator, power pump or similar apparatus. If a consumer shall desire water from the City to be used in any stationary steam boiler, hydraulic elevator, power pump or similar apparatus, the consumer must first apply therefor in writing to the City Engineer, and if a permit is granted, such consumer must provide a tank or reservoir of such capacity as is required by standard practice. No such tank or reservoir shall be installed or used unless and until the plans and specifications have been examined and approved in writing by the City Engineer. [Ord. 356 § 1, 2017; Ord. 241 § 10, 2000. Formerly 13.05.100.]

13.05.120 Turning water off or on for repairs or in an emergency.

The City shall have the right in an emergency, for the purpose of making repairs, extensions or other necessary purposes, to turn the water off or on without notice, but it shall be the duty of the Water Department to make a reasonable effort to notify all consumers that the water is to be turned off or on. [Ord. 380 § 1, 2020; Ord. 356 § 1, 2017; Ord. 241 § 11, 2000. Formerly 13.05.110.]

13.05.130 Unlawful use, injury, etc., of equipment.

It shall be unlawful for any person to open any fire hydrant, stopcock, gate valve, or to interfere in any manner with any street water service, water connection or any water meter attached to any service pipe connected with the water mains, or to turn on or off any water meter or water pipe of the City, or any reservoir of the City, or to tape any water service pipe, or take or draw water from any water main pipe or hydrant of the City without paying the established water rental therefor after having made written application therefor as provided by this chapter, or in any way to trespass upon the public property of the Water Department without written permission first being obtained from the Director of Public Works. [Ord. 356 § 1, 2017; Ord. 241 § 12, 2000. Formerly 13.05.120.]

13.05.140 Application for service – Form.

Before any water will be supplied by the City to any person which requires a connection or reconnection from the City-owned water mains to water pipes on any real property, the occupant of the property shall make a written application for such service and service connection upon a form provided by the City. If the consumer is not the owner of the property, the owner’s name, address and telephone number shall be required on the application and a copy of the lease/rental agreement shall be provided. [Ord. 356 § 1, 2017; Ord. 241 § 13, 2000. Formerly 13.05.130.]

13.05.150 New service connection for multi-use motels and hotels.

New service connection fees for multi-use motels and hotels shall be established by resolution of the City Council for each said unit that has no more than one bathroom and no kitchen facilities. Further, the number and sizing of services both on private property and to connection with the main supply line shall be subject to the sole approval of the Public Works Director. From the service connection fee, 80 percent shall be received into the water fund for purposes of operational expenditures, and 20 percent shall be received into the water fund for capital expenditure and debt service. [Ord. 356 § 1, 2017; Ord. 241 § 14, 2000. Formerly 13.05.140.]

13.05.160 Fees for new service connections.

There shall be a new service connection fee required for each individual dwelling, residence, building, or separate service to any multiple-use consumer on any parcel or parcels under the same ownership. The fee shall be established by resolution of the City Council. This fee is levied in addition to any actual costs by the City to provide the new service. From the service connection fee, 80 percent shall be received into the water fund for purposes of operational expenditures, and 20 percent shall be received into the water fund for capital expenditure and debt service. [Ord. 356 § 1, 2017; Ord. 241 § 15, 2000. Formerly 13.05.150.]

13.05.170 Charges for installing meters.

There shall be a charge set apart from any other charge or fee for the actual costs to the City for the installation, whether by force account or contract, of any water meter, encoder receiver transmitter, concrete or fiberglass box, or valve, etc., to provide water to any private property or other consumer; provided further, that such a charge shall be established by resolution of the City Council. Meter types, sizes, locations and connections methods shall be at the sole discretion of the Public Works Director. [Ord. 356 § 1, 2017; Ord. 296, 2012; Ord. 241 § 16, 2000. Formerly 13.05.160.]

13.05.180 Installations and connections outside City limits.

Notwithstanding any other sections, the connection fees and installation charges for outside the City limits shall be 150 percent of those same fees and charges for inside the City limits. [Ord. 356 § 1, 2017; Ord. 241 § 17, 2000. Formerly 13.05.170.]

13.05.190 Prerequisites to multiple service connections.

No water shall be served to two or more parcels of property separately owned through a common service pipe. When more than one occupancy is placed on the same parcel of property and each is conducting a separately established residence or business, a water meter shall be required and installed for each occupancy.

Where there is a preexisting multiple-use service from one meter, the City shall establish additional accounts and charges for each additional commercial, professional, dwelling, or living unit situated upon the premises not served by an individual meter, and the cost shall not be less than the established minimum for each such use in the multiple services. [Ord. 356 § 1, 2017; Ord. 241 § 18, 2000. Formerly 13.05.180.]

13.05.200 Turning on water without consent of Water Department prohibited.

It shall be unlawful for any person to turn on the water after the same shall have been turned off. [Ord. 356 § 1, 2017; Ord. 241 § 19, 2000. Formerly 13.05.190.]

13.05.210 Use of water by contractors and other persons in construction work.

Contractors or any person desiring to use water in construction work where connection must be made other than through a water meter shall in each and every case make written application for and obtain a written permit for the same from the Water Department before connecting with any water main, standpipe or using water therefrom, and shall make the deposit required by the Water Department to be used. Such permit shall be exhibited upon the work for which it has been issued during the full time the water is being used pursuant to such permit. [Ord. 356 § 1, 2017; Ord. 241 § 20, 2000. Formerly 13.05.200.]

13.05.220 Supplying to other than occupant of premises.

It shall be unlawful for any person to supply water to any other person other than the occupants of the premises of such consumer as provided through an assigned meter. [Ord. 356 § 1, 2017; Ord. 241 § 21, 2000. Formerly 13.05.210.]

13.05.230 Consumers to accept service conditions – Pressure maintenance.

All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are provided by the distributing system at the location of the proposed service connection and to hold the Department harmless from all damage arising from low pressure or high pressure conditions or interruptions of service. [Ord. 356 § 1, 2017; Ord. 241 § 22, 2000. Formerly 13.05.220.]

Article III. Rates, Charges and Billings

13.05.240 Rates and charges.

The City Council shall establish fees, rates and charges by resolution to cover the cost of water delivery, water system maintenance, operations, administration, capital expenditures and/or debt service. [Ord. 356 § 1, 2017; Ord. 241 § 23, 2000. Formerly 13.05.230.]

13.05.250 Reimbursement agreement obligations.

Those parcels connecting to a water main constructed as part of a public-private partnership subject to a reimbursement agreement are subject to the costs identified in the reimbursement agreement in addition to the City’s current water capital connection charges at the time of connection. [Ord. 372 § 1, 2019.]

13.05.260 Billing.

(1) All water billing shall be monthly based on meter reading which will commence approximately three weekdays prior to the end of each month, with billings scheduled for posting and delivery on the first day of each month. Utility bills are due and payable upon receipt.

The City may read water meters on a bimonthly basis. If a bimonthly meter reading schedule is established, monthly bills shall be calculated as set forth by resolution duly adopted by the City Council of the City of Rio Dell.

Utility bills not having been paid by the twenty-sixth of the month shall be considered delinquent and no further notice is required other than the said next following billing reflecting two months of service are outstanding.

(2) Water service billing shall be assessed against the person or persons who reside in or otherwise occupy the premises being served and are identified as the same having completed an application for water service as a nonowner resident of the premises, and after submitting a deposit as established by resolution of the City Council against any water charges sustained during the said nonowner’s occupancy or control of the said premises, whereupon the said depositor shall receive a numbered receipt which shall be required to be presented at demand of all or any part of any refundable balance of said deposit remaining after any and all current water service charges have been deducted; provided, however, that the person or persons who reside in or otherwise occupy the premises shall be liable for any and all unpaid water service charges not paid by the said nonowners or remaining after full deposit amounts have been applied to any outstanding water service billings.

(3) Should any particular monthly meter reading not be possible, due to malfunctioning equipment, temporary inaccessibility or other reason that prohibits meter reading, each such account shall be billed for the total minimum rate until such time as the problem is resolved and monthly meter reading can be resumed. The City may remove any obstruction that prohibits meter reading at the sole expense of the consumer.

(4) City water users on meters outside the City limits shall pay for service as contained in RDMC 13.05.240 and all other requirements of this chapter shall be enforceable as a condition of service thereto.

(5) Any water service situation not specifically covered in any section of this chapter will be reviewed and handled on a case-by-case basis as determined by the Public Works Director, with resultant fees, if involved, established on an equitable basis with those rates herein established.

(6) Failure to receive a bill does not relieve the consumer of liability for payment of any amounts due by this chapter. [Ord. 380 § 1, 2020; Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 243 § 1, 2002; Ord. 241 § 24, 2000. Formerly 13.05.250.]

13.05.270 Penalty.

Rates and charges which are not paid on or before the date of delinquency shall be subject to a penalty of 10 percent, and thereafter shall be subject to a further penalty of one-half of one percent per month on the first day of each month following. [Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 241 § 25, 2000. Formerly 13.05.260.]

13.05.280 Discontinuance of service for nonpayment.

(1) In the event that any nonresidential consumer is delinquent in the payment of their water bill, and payment in full is not received within 10 calendar days from the said second billing, then shut-off notices shall be sent and the Department shall have the right forthwith and without further notice to discontinue water service to the premises of such delinquent consumer.

(2) Residential water service may only be discontinued for nonpayment in accordance with the policy on discontinuation of residential service for nonpayment adopted by formal resolution of the City Council, as the same may be amended from time to time.

(3) The City may remove any obstruction that prohibits access to the meter for discontinuance of water service at the sole expense of the consumer. [Ord. 380 § 1, 2020; Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 241 § 26, 2000. Formerly 13.05.270.]

13.05.290 Reconnection fees.

There shall be herewith established a connection fee for use when service is disconnected because of failure to pay City utility bills, payments are delinquent, or for other reasons including but not limited to vandalism of City-owned property, meters, or system piping, and when abandoned services are requested to be reactivated. The delinquency reconnection fee shall be established by resolution by the City Council, plus actual costs involved in the reconnection. Reconnections requested between 4:00 p.m. and 8:00 a.m. on weekdays, any time on weekends or holidays, shall be assessed an additional fee as established by resolution of the City Council. [Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 241 § 27, 2000. Formerly 13.05.280.]

13.05.300 Procedure for restoring service after delinquency.

If water service is cut off or discontinued for failure to pay delinquent bills, or for any reason, such service may again be established only in the event the consumer or the owner of the premises served pays all outstanding bills, penalties and charges as may be required by this chapter or City policy. [Ord. 380 § 1, 2020; Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 241 § 28, 2000. Formerly 13.05.290.]

13.05.310 Shut-off fee following unauthorized connection.

If any consumer has been found to connect to the Rio Dell water system without authorization, either without first establishing service or following disconnection for delinquency, the City shall disconnect said service and assess a penalty established by resolution of the City Council plus costs. This penalty is in addition to any reconnection fees, penalties, outstanding utility bill balances and legal action that may be taken against said consumer. [Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 241 § 29, 2000. Formerly 13.05.300.]

13.05.315 Payment extension.¹

Every request that is made by a residential consumer for an extension of payment period of such bill asserted to be beyond the means of the customer to pay in full during the normal period for payment shall be reviewed by the City Manager or the City Manager’s designee. The review shall include consideration of whether the consumer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed six months. Granting of a payment extension and discontinuation of services for failure to pay shall be in accordance with the policy referenced in RDMC 13.05.280(2). [Ord. 380 § 1, 2020; Ord. 372 § 1, 2019; Ord. 356 § 1, 2017; Ord. 241 § 30, 2000. Formerly 13.05.310.]

Article IV. Meters

13.05.320 Meters to remain City property – Repairs by City.

All water meters are the property of the City and the City will maintain and repair them when in its judgment such repairs are needed. [Ord. 356 § 1, 2017; Ord. 241 § 31, 2000. Formerly 13.05.310.]

13.05.330 One meter to lot or parcel of land – Exception.

There shall be at least one meter on each lot or parcel of real property which is improved with a dwelling or building thereon, except where one building occupies more than one lot, then only one meter for such building shall be required. [Ord. 356 § 1, 2017; Ord. 241 § 32, 2000. Formerly 13.05.320.]

13.05.340 Maximum size of meters.

No water meter larger than a one-inch meter shall be installed on any lot or to any consumer, except upon approval and consent of the Director of Public Works. [Ord. 356 § 1, 2017; Ord. 241 § 33, 2000. Formerly 13.05.330.]

13.05.350 Connecting service pipe to meter – Premises to be left as originally found upon completion of tests – Notice to City – Liability of plumber/consumer.

When any plumber or any other person connecting a water service pipe to the property side of a meter uses water for testing the pipes, he must leave the service box in as good condition as found, and shall leave the water shut off, if found shut off, and shall in writing notify the City at the time the connection is made. Any damage caused by negligence or carelessness of any plumber or other person to any part of the meter box or connection must be paid by said plumber or person to the City on demand. [Ord. 356 § 1, 2017; Ord. 241 § 34, 2000. Formerly 13.05.340.]

13.05.360 Bill to be rendered after connection.

The Water Department may connect a meter to any water service or service pipe at any time it shall deem expedient to do so, and render a corrected bill from the date of installation of such meter according to the meter rates and charges. [Ord. 356 § 1, 2017; Ord. 241 § 35, 2000. Formerly 13.05.350.]

13.05.370 Liability of consumer for damages to meter.

After the water meter is so connected to the water service or service pipe, any damage to such meter, meter lock or service pipes resulting from malice, carelessness, or negligence of the consumer or any member of his family, anyone employed by him, or others, and any damage which may result from hot water or steam from a boiler, or otherwise, shall be paid for by such consumer to the City on presentation of a bill; and in case such bill is not paid, the water shall be shut off from the premises without further notice, and the same shall not be turned on until all charges are paid. [Ord. 356 § 1, 2017; Ord. 241 § 36, 2000. Formerly 13.05.360.]

13.05.380 Cutting off or interfering with meter.

It shall be unlawful for any person to interfere with or cut off or remove a water meter from any water service where it has been installed without first receiving written permission from the Director of Public Works. Such permission shall be granted only for the purpose of tests, replacements, or repairs to meter or service pipes, readjustment of service or similar emergency. [Ord. 356 § 1, 2017; Ord. 241 § 37, 2000. Formerly 13.05.370.]

13.05.390 Application for shutting off water on supply side of meter – Bill to be rendered.

Upon the written application of the owner of a building or premises to have the water shut off on the supply side of the meter, the City shall have the water shut off and at the time record the reading of the meter and render a bill in a sum which shall be the greater of the amount of water used according to the rates and charges provided for, or for the monthly minimum charge due for the fractional part of the month. [Ord. 356 § 1, 2017; Ord. 241 § 38, 2000. Formerly 13.05.380.]

Article V. Fire Hydrants

13.05.400 Purpose of hydrants – Persons authorized to open.

Fire hydrants are provided for the sole purpose of extinguishing fires, and shall be opened and used only by the Fire Department or other officials of the City authorized to do so. [Ord. 356 § 1, 2017; Ord. 241 § 39, 2000. Formerly 13.05.390.]

13.05.410 Taking water from hydrants generally.

Persons wishing to take a supply of water from a fire hydrant must make application to the Water Department for such service. The Department will make the necessary connections and install a meter of required size upon payment of a service charge established by resolution of the City Council.

When water is required for construction purposes of any type, upon making proper application a service connection will be made with a main or at a hydrant at the most accessible point to the construction work. When the connection is not sufficiently accessible and water must be taken to the work in a tank wagon or barrel, such supply shall be taken through the meter as installed. In no case will water be furnished for any purpose except through a meter, and unless paid for. [Ord. 356 § 1, 2017; Ord. 241 § 40, 2000. Formerly 13.05.400.]

13.05.420 Replacing cap after use.

Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is not in use, and leave the hydrant in as good condition as when found, and such officer or person shall report to the Director of Public Works any leaks or breaks or damage to the fire hydrant immediately upon delivery. [Ord. 356 § 1, 2017; Ord. 241 § 41, 2000. Formerly 13.05.410.]

Article VI. Vacation Locks

13.05.430 Vacation locks.

Water service may be discontinued to any premises at the written request of the consumer directed to the Water Department for a period of not less than 30 days. [Ord. 356 § 1, 2017; Ord. 241 § 42, 2000. Formerly 13.05.420.]

13.05.440 Charges for vacation locks.

A charge established by resolution of the City Council will be made for locking a meter at the request of the consumer. An additional charge established by resolution of the City Council will be charged before service is renewed. Neither charge will negate the system charge, however, which shall be billed monthly. [Ord. 356 § 1, 2017; Ord. 241 § 43, 2000. Formerly 13.05.430.]

Article VII. Water Conservation – Water Shortage

13.05.450 Water conservation.

When the City determines that water conservation measures are necessary, the City Council will ask that water users conserve water. An official water conservation plan will be adopted by the City Council. Public service announcements will be made to inform the users via news media and public posting. [Ord. 356 § 1, 2017; Ord. 241 § 44, 2000. Formerly 13.05.440.]

13.05.460 Water shortage.

When the City has determined that there is potential for a water shortage or when an emergency shortage occurs, City officials will take appropriate actions to conserve and ration water. The City will adopt and enact a water shortage contingency plan. [Ord. 356 § 1, 2017; Ord. 241 § 45, 2000. Formerly 13.05.450.]

13.05.470 Warnings, civil fines and penalties.

Any person, business or corporation violating any provisions of this chapter or the water shortage contingency plan shall receive an immediate written warning from the City for the first offense. Civil fines and/or penalties shall be imposed should the first offense warning be ignored. Any person, business or corporation violating any of the provisions set forth in this chapter or the water shortage contingency plan shall be fined an amount of $250.00 for the second offense and $500.00 for the third or more offense. The City will have the authority to disconnect water service to any known violator. The City reserves the right to enforce the provisions of this chapter through any appropriate means, including but not limited to small claims court. Regardless of which procedure is chosen by the City, the penalty and/or judgment shall include reasonable enforcement costs to the City, including but not limited to staff time, court costs, and the City Attorney costs. [Ord. 356 § 1, 2017; Ord. 241 § 46, 2000. Formerly 13.05.460.]

13.05.480 Enforcement.

Enforcement of water conservation measures shall be carried out by enforcement officers appointed by the City Manager. Enforcement officers shall issue citations. [Ord. 356 § 1, 2017; Ord. 241 § 47, 2000. Formerly 13.05.470.]

Article VIII. General Provisions

13.05.490 Constitutionality.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council of the City of Rio Dell, State of California, hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared invalid or unconstitutional. [Ord. 356 § 1, 2017; Ord. 241 § 48, 2000. Formerly 13.05.480.]

13.05.500 Criminal fines and penalties.

Any person, firm or corporation violating any of the provisions of this chapter or the water shortage contingency plan shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $1,000, or by imprisonment in the County Jail of the County of Humboldt, State of California, for not more than six months, or by both fine and imprisonment. In addition, any defendant shall pay restitution to the City for staff, court and attorney costs for enforcement. [Ord. 356 § 1, 2017; Ord. 241 § 49, 2000. Formerly 13.05.490.]

Code reviser’s note: Ord. 372 renumbered this section to be 13.05.320. It has been editorially changed to 13.05.315 to prevent duplication of numbering.