Chapter 13.15 WATER

(a) Purpose and Intent. The City Council finds and determines that the necessity for the provisions contained in the City’s rules and regulations for water service and use and enacted by this chapter are declared as a matter of the City Council’s determination to be for the purpose and intent of:

(1) Providing water for the benefit of the City;

(2) Securing and promoting the public health, safety, and welfare of its present and future residents;

(3) Conserving the water supplies of the City;

(4) Facilitating the enforcement of the City’s water use restrictions and prohibitions and best management practices;

(5) Recognizing that the State of California has declared that the use of recycled water is in the public’s interest and that a substantial portion of the future water requirements of the State may be met by the utilization of recycled water; and

(6) Providing an orderly and adequate means of protecting the City’s water system from backflow.

(b) Amendments to the City’s Rules and Regulations for Water Service and Use. It is anticipated that the City’s rules and regulations for water service and use will be amended from time to time by the City Council in response to any regulations imposed by the State and any other Federal, or regulatory agency, or local ordinance, after complying with the notice and publishing requirements of the California Water Code, Sections 375 and 376.

(c) Conflicts with Other Provisions of the City Code. In the event of any conflicts or inconsistencies between the provisions of this chapter or with the provisions of any other chapter(s) of the City Code, the provisions of this chapter shall control, unless to do so would be inconsistent with the stated purpose and intent of this chapter.

(d) Responsible Parties. Every property owner, tenant, person or organization (herein “customer”) supplied with water service by the City shall be considered as having given express consent to be bound by this chapter and the City’s rules and regulations for water service and use.

(e) Responsibility for Enforcement. The primary responsibility for enforcement of the provisions of this chapter shall be vested in the Director of Water and Sewer Utilities or agents of the City as the City Manager shall designate. (Ord. 1705 § 2, 10-21-97. Formerly § 31-1).

13.15.020 Water rates to be determined by City Council.

Pursuant to the authority of the Charter of the City of Santa Clara, the rates and fees charged, the sale and distribution of water through the water distribution system of the City and the rules and regulations therefor shall be determined from time to time by the City Council by resolution to properly reflect adjustments as it deems necessary. (Ord. 1705 § 2, 10-21-97. Formerly § 31-2).

13.15.030 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

(a) Reserved for future use.

(b) “B” definitions:

(1) “Backflow” means the reverse flow of water or any other fluid or substance or any combination or mixture thereof from the customer’s system into the City’s water distribution system.

(2) “Backflow prevention device” means a City-approved device that prevents backflow into the City’s water distribution system.

(3) “Best management practice (BMP)” means a policy, program, practice or rule aimed at more efficient use or conservation of the water resources of the City and State.

(1) “City Manager” means the City of Santa Clara’s City Manager and his/her duly authorized agents and representatives.

(2) “City’s water system” means the water supply and distribution system and all appurtenances thereto owned and operated by the City, including all service connections to the City’s water mains.

(3) “Cross-connection” means an unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

(4) “Customer” means a person, business or agency in whose name water service from the City is rendered, regardless of the identity of the actual user of water service.

(5) “Customer’s system” means the water piping system located immediately downstream from the City’s water meter or backflow prevention device on any premises.

(d) “D” definitions:

(1) “Director or Director of Water and Sewer Utilities” means the Director of Water and Sewer Utilities and his/her duly authorized agents and representatives.

(e) Reserved for future use.

(f) Reserved for future use.

(g) Reserved for future use.

(h) Reserved for future use.

(i) Reserved for future use.

(j) Reserved for future use.

(k) Reserved for future use.

(l) “L” definitions:

(1) “Landscape water efficiency regulations” means a set of rules and regulations contained in the City’s rules and regulations for water service and use which govern water-efficient landscaping.

(m) Reserved for future use.

(n) Reserved for future use.

(o) Reserved for future use.

(p) “P” definitions:

(1) “Premises” means any building, lot, parcel, real estate, land, or portion of land, whether improved or unimproved, occupied or unoccupied, including adjacent streets, sidewalks, pathways and parking strips.

(q) Reserved for future use.

(r) “R” definitions:

(1) “Recycled water” means water that has been produced by the treatment of wastewater and is approved by the State of California for specified nonpotable applications.

(2) “Recycled water regulations” means a set of regulations contained in the City’s rules and regulations for water service and use which governs: (i) the use of recycled water, (ii) the design, installation and inspection of systems for use of recycled water and (iii) the operations and maintenance of systems for use of recycled water.

(3) “Rules and regulations for water service and use” means a set of rules and regulations promulgated, adopted or amended from time to time by a resolution of the City Council as necessary to govern the water service furnished by the City.

(s) “S” definitions:

(1) “Service connection” means all or any portion of the water pipe and appurtenances, including meter, between the City distribution line and an individual customer’s system.

(t) Reserved for future use.

(u) Reserved for future use.

(v) Reserved for future use.

(w) “W” definitions:

(1) “Water use prohibitions and restrictions” means a set of regulations adopted or amended from time to time by a resolution of the City Council as necessary to prevent the waste or unnecessary uses of water within the city for the purpose of securing and promoting the public health, safety and welfare of all persons in the City.

(x) Reserved for future use.

(y) Reserved for future use.

(z) Reserved for future use. (Ord. 1705 § 2, 10-21-97. Formerly § 31-3).

13.15.040 Connections to City water mains – Entry upon City facilities – Written consent required.

(a) It shall be unlawful for any person to attach to or detach from or divert from any water main, service pipe or other connection through which water is supplied by the City to water consumers of the City or to interfere in any manner with such pipes, connections, or appurtenances thereto without having first obtained written consent from the Director.

(b) It shall be the duty of the Director to give his/her written consent for each such attachment or detachment and, within a reasonable time, cause such attachment or detachment to be made; provided, that all charges and costs therefor are fully paid to the City, and the attachment or detachment comply with the City’s rules and regulations.

(c) It shall be unlawful for any person to enter into, upon, uncover, disturb, or alter any City property or facility, including, but not limited to water meters, water valves, backflow valves, water wells, water production or storage facilities, backflow prevention devices, or any other appurtenance thereof, without prior written permission from the Director. (Ord. 1705 § 2, 10-21-97. Formerly § 31-4).

13.15.050 Use of water for other than normal purposes.

It shall be unlawful for any person to use water for any purpose other than that for which they are charged according to any schedule of rates adopted by the City Council without written notification to the City’s water and sewer utilities. (Ord. 1705 § 2, 10-21-97. Formerly § 31-5).

13.15.060 Termination or discontinuance, etc., of service – Authority required to restore service.

Whenever any water service from the water distribution system of the City to any place, dwelling, building, or premises has been terminated, discontinued, disconnected, or shut off because of the nonpayment of any charge, bill, rate or fee owing to the City or because of any violation of any rule or regulation of the City relating to the furnishing of such service, it shall be unlawful for any person to restore such service to such place, dwelling, building, or premises who has not been authorized to do so by the Director. (Ord. 1705 § 2, 10-21-97. Formerly § 31-6).

13.15.070 Tampering with a disconnected meter.

It shall be unlawful for any person to tamper with any water meter which has been disconnected from the water distribution system of the City by reason of the nonpayment of any bill, charge, fee, or rate owing to the City for water services or by reason of the violation of any rule or regulation of the City applicable to the furnishing of such service without the prior consent or authorization of the Director. (Ord. 1705 § 2, 10-21-97. Formerly § 31-7).

13.15.080 Rules and regulations for water service and use.

The requirements contained in the City’s rules and regulations for water service and use are incorporated by this reference. (Ord. 1705 § 2, 10-21-97. Formerly § 31-8).

Article II. Water from Fire Hydrants

13.15.090 Permit required to extract water.

It shall be unlawful for any person, except the City’s Fire Department, to take water from any City fire hydrant, without first obtaining a permit and complying with the City’s rules and regulations for water service and use. (Ord. 1705 § 2, 10-21-97. Formerly § 31-9).

13.15.100 Reading of water meters and rendering of accounts – Water drawn for use outside City.

Meters shall be read and reported by the permittee to the City monthly or at a schedule determined by the Director. Accounts whose meters are not read and reported during this period shall be billed the monthly minimum. Water drawn for use in projects outside the city limits shall be billed and paid for at one and one-half the established City rates.

The City shall have the right to require the periodic return of the water meter for purposes of inspection, testing or replacement. The permittee shall immediately deliver the water meter to the City’s water and sewer utilities when requested to do so. (Ord. 1705 § 2, 10-21-97. Formerly § 31-10).

13.15.110 Right to deny or revoke permit.

The City shall have the right to refuse or revoke any permit when it has been determined by the Director that the use of the permit results in surging or pressure complaints due to careless operation of the fire hydrant valve, or for any other cause determined by the Director to be detrimental to the performance of the City’s water and sewer facilities, equipment, or causes inefficient use or waste of water. (Ord. 1705 § 2, 10-21-97. Formerly § 31-11).

13.15.120 Return of equipment to City – Final billing.

When water is no longer required, the water meter shall be returned to the City’s water and sewer utilities and checked in for the final billing accounting or determination of costs. (Ord. 1705 § 2, 10-21-97. Formerly § 31-12).

Article III. Regulation of Water Usage, Water Shortage Emergency Condition

13.15.130 Water use restrictions and prohibitions.

(a) The requirements contained in the water use restrictions and prohibitions are hereby adopted and incorporated by this reference and made a part of the City’s rules and regulations for water service and use.

(b) The list of water use restrictions and prohibitions are contained in the rules and regulations for water service and use and are specific measures which will achieve reasonable, yet substantial, reductions in water use by all persons utilizing the City’s water as consumers. If a water shortage emergency condition is declared, the list of water use restrictions and prohibitions may be amended.

(c) Water use prohibitions and restrictions will not prevent the City’s Fire Department from requiring contractors and property owners to “flow” water through fire systems for the purpose of testing or justifying that the fire system is installed and/or operating correctly. (Ord. 1705 § 2, 10-21-97. Formerly § 31-13).

13.15.140 Water shortage emergency condition.

(a) The City will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of water to the customer, but does not guarantee the continuity or sufficiency of supply. The City will not be liable for any damage resulting from any interruption, shortage or insufficiency of the supply of water to the customer.

(b) The City shall have the right to declare a water shortage emergency condition according to conditions specified in Section 350 et seq., of the California Water Code.

(c) In case of a water shortage emergency condition and during the period of such condition, the City shall apportion the City’s available supply of water among all customers in the most reasonable manner possible and the rules and regulations for water service and use may be amended. (Ord. 1705 § 2, 10-21-97. Formerly § 31-14).

Article IV. Regulation of Recycled Water Service and Use

13.15.150 Recycled water regulations.

The requirements contained in the City’s recycled water regulations are hereby adopted and incorporated by this reference and made a part of the City’s rules and regulations for water service and use. (Ord. 1705 § 2, 10-21-97. Formerly § 31-15).

13.15.160 Purpose and intent of regulation of recycled water service and use.

(a) It is the purpose and intent of the City Council to prohibit the use of potable water for landscape irrigation where recycled water is made available and meets all applicable standards.

(b) It is also the purpose and intent of the City Council to require the use of recycled water for all other nonpotable uses where recycled water is made available, meets all applicable standards for those uses and is determined to be suitable and economically feasible therefor. (Ord. 1705 § 2, 10-21-97. Formerly § 31-16).

Article V. Backflow Prevention

13.15.170 Incorporation of California Code of Regulations, Title 17.

The requirements contained in Title 17, Division 1, Chapter 6, Subchapter 1, Group 4 (entitled “Drinking Water Supplies), Section 7583 et seq., of the California Code of Regulations, entitled “Regulations Pertaining to Cross-Connections,” which sets forth the rules and regulations governing cross-connections are hereby adopted and incorporated by this reference and made a part of the City’s rules and regulations for water service and use insofar as the same rules and regulations are applicable to the protection of the City’s water distribution system. (Ord. 1705 § 2, 10-21-97. Formerly § 31-17).

Article VI. Landscape Water Efficiency

13.15.180 Landscape water efficiency regulations.

Pursuant to the Water Conservation in Landscaping Act, Government Code Section 65591 et seq., as amended, the rules, regulations or standards for landscape water efficiency in the city contained in the City’s landscape water efficiency regulations are hereby adopted and incorporated by this reference and made a part of the City’s rules and regulations of water service and use. (Ord. 1871 § 3, 1-11-11).

Article VII. Enforcement

13.15.190 Responsibility.

The primary responsibility for enforcement of the provisions of this chapter, including any provisions of the City’s rules and regulations for water service and use, shall be vested in the Director or agents of the City as the City Manager shall designate; and provided further, that field inspectors or other employees of the City are hereby authorized to act as agents of the City with the power to inspect and issue notices for violations of this chapter. (Ord. 1705 § 2, 10-21-97. Formerly § 31-19).

13.15.200 Violation of this chapter or rules and regulations – Payment of funds to account.

(a) It shall be unlawful for any person to violate the provisions of this chapter or the provisions of the City’s rules and regulations for water service and use.

(b) Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil, and/or administrative action.

(c) Funds collected pursuant to this section shall be paid to City’s rules and regulations for water service and use compliance fee account. (Ord. 1705 § 2, 10-21-97. Formerly § 31-20).

13.15.210 Emergency cleanup.

In order to enforce the provisions of this chapter, including any provisions of the City’s rules and regulations for water service and use, when the Director or designee find and determine that the severity of the violation warrants immediate action, he/she shall cause the cleanup or abate the violation thereof. The cost of such cleanup or abatement may be recovered by the City in a civil action. Such emergency cleanup or abatement will not relieve the person liable for any violations of this chapter, or any other applicable provisions of State or Federal laws, or local ordinances. (Ord. 1705 § 2, 10-21-97. Formerly § 31-21).

13.15.220 Administrative penalties.

Whenever the Director or designee find that any person has violated any provision of this chapter, including any provisions of the City’s rules and regulations for water service and use, he/she may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000.00) per day, excluding inspection costs or cleanup costs.

Whenever the Director or designee find that any person has violated any provision of this chapter, including any provisions of the City’s rules and regulations for water service and use, which includes, but is not limited to interference, tampering, theft of water, or disconnection of service, the Director may require a security deposit at an amount to be determined by the Director.

The remedies provided in this section shall be pursuant to administrative procedures and are cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances. Funds collected pursuant to this section shall be paid to City’s rules and regulations for water service and use compliance fee account. (Ord. 1705 § 2, 10-21-97. Formerly § 31-22).