Chapter 13.10
MUNICIPAL WATER SYSTEM
Sections:
13.10.020 Water rates and charges.
13.10.030 Meter tests and adjustments of bills for meter error.
13.10.040 Billing for and payment of water charges.
13.10.050 Person responsible for payment to pay security deposits.
13.10.060 Enforcement measures – Delinquencies.
13.10.070 Effective date of water charges.
13.10.080 Connections – Permits to connect.
13.10.090 Duties of city engineer and water collector.
13.10.100 Shortage of supply and service interruptions.
13.10.010 Definitions.
The following terms when used in this chapter shall have the following respective meanings:
“City” means the city of Seaside.
“Consumer” means any person, firm, company, corporation, partnership, association, any public corporation, political subdivision, city, county, district, the state of California or the United States of America, or any department or agency of any thereof, billed for water furnished by the municipal water system. The singular in each case shall include the plural.
“Municipal water system” means the city waterworks system for the production, transmission and distribution of water, including lands, easements, water rights, reservoirs, water mains, filtration works, wells, pumping station, water supply, storage and distribution facilities and equipment and other works, including the acquisition of any existing facilities used for or useful in obtaining, conserving, treating and disposing of water for the city.
“Premises” means any lot, piece or parcel of land, or any building or other structure or any part of any building or structure having a connection with the municipal water system.
“Water” means water furnished by the municipal water system.
“Water collector” means the person or department designated by the city manager to perform the services or make the determinations permitted or required under this chapter to be made by the water collector.
“Water service” means the services, facilities and water furnished or available to premises by the municipal water system. (Ord. 646, 1983)
13.10.020 Water rates and charges.
A. For the purpose of providing funds for the acquisition, construction, improving and financing of the municipal water system and for the purpose of defraying the cost of maintenance and operation of the municipal water system, there are levied and assessed upon all premises having any connections with the municipal water system monthly water rates and charges for the water furnished or available to such premises by the municipal water system. All water supplied to premises shall be measured by means of suitable standard water meters. A cubic foot shall be the unit of measurement. The water rates and charges, including monthly minimum charges and monthly quantity rates for water in excess of that furnished for the monthly minimum charges, shall be adopted by the city council in the annual schedule of fees and charges.
B. No water and no services or facilities of the municipal water system shall be furnished to any consumer except city parks, or to any person, free of charge.
C. The city shall determine the type and description of water services, including but not limited to size of service pipes, number of meters, and number of services per meter.
D. No consumer shall resell any water furnished by the city through the municipal water system without written prior approval of the city engineer.
E. A water system capacity charge based upon meter size shall be adopted by the city council in the annual schedule of fees and charges. Capacity fees are assessed with a new service connection or expansion of existing service. An expansion of existing service shall pay the difference between the existing meter size capacity fee and the larger meter size capacity fee. No credit will be given for a reduction in meter size. Capacity fees are separate from the city’s rates for water service. (Ord. 1092 § 3, 2020; Ord. 979 (Exh. A), 2009; Ord. 646, 1983)
13.10.030 Meter tests and adjustments of bills for meter error.
A. Each meter shall be tested by or under the direction of the city engineer prior to being installed, and no meter will be placed in service if found to register more than two percent fast or slow.
B. Bills will be adjusted for meter error as follows:
1. If, upon testing, the meter is found to be registering more than two percent fast, the city will refund to the consumer the amount of overcharge based upon corrected meter readings for the period the meter was in use, but not exceeding six months.
2. If, upon testing, the meter is found to be registering more than two percent slow, the city may bill the consumer for the amount of undercharge based upon corrected meter readings for the period the meter was in service, not exceeding a period of three months; provided, that if a meter is used for commercial or industrial service and the average monthly water charge exceeds ten dollars and the meter is found to be registering more than two percent slow, the city may bill the consumer for the amount of undercharge based upon corrected meter readings for the period the meter was in service not exceeding a period of three months.
3. The city may bill any consumer for water consumed while a meter was nonregistering, but for a period not exceeding three months, at the monthly minimum charge, or upon an estimate of water furnished based upon the consumer’s prior use during the same season of the year if conditions were unchanged, or upon an estimate based upon a reasonable comparison with the use of other consumers during the same period under similar circumstances and conditions.
4. When it is found that an error in a meter is due to a cause, the date of which can be fixed, the overcharge or undercharge will be computed and the city will refund to or bill the consumer back to but not beyond such date. (Ord. 646, 1983)
13.10.040 Billing for and payment of water charges.
A. All water charges shall become due and payable at the office of the water collector within ten days after bills are rendered, and become delinquent on the tenth day after the date on which rendered. Bills shall be rendered by the city monthly. Meters will be read at regular intervals for the preparation of bills and as required for the preparation of opening bills, closing bills and special bills. Each meter will be read separately.
B. It may not always be possible for meters to be read regularly on the same day of each month. Should a monthly billing period contain less than twenty-seven or more than thirty-three days, a pro rata correction will be made for any minimum charge billed. (Ord. 979 (Exh. A), 2009; Ord. 646, 1983)
13.10.050 Person responsible for payment to pay security deposits.
A. All water charges shall be billed to the person who requested connection to the municipal water system or his successor in interest or to any person requesting that such bill be charged to him.
B. The person requesting one inch or smaller service shall pay to the city a security deposit in the amount specified in the annual schedule of fees and charges to be held until termination of service, at which time the deposit shall be used to pay any delinquency in service billings. Any remaining portion of the deposit shall then be refunded to the person making the deposit. The deposit may be returned at an earlier date approved by the city engineer. Any person who is the record owner of the property to which he requests service may be exempted from the deposit requirement upon his establishing such ownership to the satisfaction of the city engineer. (Ord. 979 (Exh. A), 2009; Ord. 646, 1983)
13.10.060 Enforcement measures – Delinquencies.
A. The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is found by the city engineer to be dangerous or unsafe or where the use of water on the premises is found to be detrimental or injurious to the water service furnished by the city to other consumers, or where the city engineer finds that negligent or wasteful use of water exists on any premises which seriously affects the city’s water service. The city shall have the right to refuse or discontinue water service to any premises if necessary to protect itself against fraud or abuse.
B. The city engineer and the water collector are charged with the enforcement of all of the provisions of this chapter. The chief of police and all police officers of the city shall be deputies of the city engineer and the water collector for such purposes.
C. In the event of a violation (other than nonpayment of water service charges) of any terms of this chapter, or any rule or regulation established pursuant to this chapter, the city engineer or the water collector, in writing, shall notify the person causing, allowing or committing such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the city engineer will exercise his authority to disconnect the premises from the municipal water system; provided, however, that such time shall not be less than five days after the deposit of such notice in the United States Post Office at Seaside, California, addressed to the person to whom notice is given; provided, that in the event such violation results in a public hazard or menace, then the city engineer may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate the hazard and the reasonable value of the things done and the amounts expended in so doing shall be a charge upon the person so in violation.
D. Upon failure of any consumer billed or the owner of a premises to pay any water service charge prior to delinquency, any one or more of the following actions may, or where required must, be taken by the city to enforce the payment:
1. To the extent now or hereafter authorized or permitted by law, and in the manner therein provided, each water charge levied by or pursuant to this chapter on any premises within the city limits of the city may be made or become a lien upon such premises and any steps authorized by law may be taken by the city to enforce payment of the lien, the city reserves the right to take advantage of any law now existing or hereafter enacted authorizing or permitting the establishment and enforcement of the lien authorized.
2. In each case where any bill for water service remains unpaid for thirty days after the bill becomes delinquent, the city engineer, upon notification of the delinquency by the water collector, may disconnect the premises from the municipal water system. Whenever a premises has been disconnected from the municipal water system for nonpayment of water charges, the premises shall not be reconnected to the municipal water system until all delinquent charges and penalties have been paid together with such reasonable charges for reconnection as may be ordered from time to time by the city council by resolution duly adopted.
3. Turn On Charge/Delinquency Shutoff. When water service is discontinued because of delinquency in payment of a water bill, the service shall not be turned on until all charges, together with a turn-on charge as established in the annual schedule of fees and charges, is paid. (Ord. 646, 1983)
13.10.070 Effective date of water charges.
Water charges shall become effective immediately upon the beginning of operation of the municipal water system as to all premises then connected to the municipal water system and thereafter such charges shall become effective against all premises not then connected to the municipal water system immediately upon connection. Any consumer may have his water service discontinued by giving notice requesting discontinuance not less than two days prior to the requested date of discontinuance. Each such consumer shall pay all water charges up to and including the date of discontinuance stated in the notice. In any case where such notice is not given, the consumer shall be required to pay for water service until two days after the city has knowledge that the consumer has vacated the premises or otherwise discontinued water service. (Ord. 646, 1983)
13.10.080 Connections – Permits to connect.
A. No person whose premises is not connected with the municipal water system upon the beginning of operation of the system shall connect any premises or cause any premises to be connected with the municipal water system without first obtaining a permit to do so from the city engineer.
B. The city engineer may require any person who applied for any such permit or any consumer to file a statement or affidavit for the guidance of the city engineer, the water collector, and the city council in ascertaining the amount of the monthly water charge payable by such person or consumer under this chapter. Each such statement or affidavit shall contain such information as may be required by the city engineer. Failure by any person or consumer to file such statement or affidavit containing such required information constitutes a violation of this chapter. No statement or affidavit shall be conclusive as to the matters therein set forth nor shall the filing of any statement or affidavit preclude the city from collecting from the consumer responsible for payment (as provided in this chapter) by appropriate action such sum as is actually due and payable for water charges under the provisions of this chapter. Each such statement or affidavit, and each of the several items therein contained, shall be subject to verification by the city engineer.
C. Any consumer making any material change in the size, character, or extent of the utilizing equipment or operations for which water is furnished shall immediately give the city engineer written notice of the extent and nature of the change.
D. The city shall require a written contract with any consumer as a condition precedent to service in any case where unusual quantities of water or construction of special facilities is or will be required. No such contract shall exceed a term of three years.
E. The city will furnish and install a service connection of suitable capacity from its water main to the curbline of the property line of any premises for which a connection to the municipal water system is requested; provided, the premises abuts upon a public street or existing water main right-of-way. For service to any nonabutting premises, the person requesting connection must pay the cost of furnishing and installing that portion of the service connection from the curbline of nearest street or from the nearest existing water main right-of-way. Only duly authorized employees or agents of the city shall install a service connection from any water main to any consumer’s premises.
The city shall collect connection service charges for the connection of new water services, as established in the annual schedule of fees and charges, prior to installation.
F. All meters shall be installed by the city. No rent or other charge shall be paid by the city for any meter or other facilities located on a consumer’s premises. All meters shall be sealed by or under the supervision of the city engineer at the time of installation, and no seal shall be altered or broken except by an authorized employee or agent of the city.
G. No water pipe on any consumer’s premises shall cross-connect the municipal water system unprotected with any other source of water supply. All connections to the municipal water system shall be in conformance with Chapter 13.12 SMC, Cross-Connection Control Program.
H. All service connections, meters, and other facilities furnished by the city at its own expense and located wholly or partially upon any premises shall be and remain the property of the city, which shall have the right to repair, replace, and remove the same upon discontinuance of service.
I. The city shall not be responsible for the installation or maintenance of any water pipelines beyond the end of the city’s service connection or beyond its meter.
J. The city engineer or any other duly authorized agent of the city shall have at all reasonable times the right of ingress to and egress from any consumer’s premises for any purpose properly relating to the furnishing of water to the consumer.
K. The city shall not be responsible for any loss or damage caused by any negligence or unlawful act of any consumer or any other person in installing, maintaining, operating, or using any or all appliances, facilities or equipment for which water or water service is furnished by the city. Each consumer shall be held responsible for damage to the city’s meters and other property comprising any part of the municipal water system resulting from the use or operation of any appliances or facilities on such consumer’s premises including, without limiting the generality of the foregoing, damage caused by steam, hot water, or chemicals.
L. Change in Size. A change in the size of meter, service pipe or both of any existing service connection is at the expense of the customer. The expense shall be computed on the basis of the actual cost of the new installation less the value of any material salvaged.
M. Change in Location. When a customer requests relocation of an existing meter or service connection for the customer’s convenience, the relocation is at the customer’s expense on the basis of the actual cost of relocation. When relocation of an existing meter or service connection is done to protect the property of the water system or the city’s interest, the city shall pay the cost of it.
N. Charges Payable in Advance. The estimated charge for new service connection or for change in size or location for customer’s benefit shall be paid before work is started or material ordered. Upon completion of the work, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded for the customer’s account, whichever the case may be.
O. Title to Water Service Connections. Title to the meter, service pipes and appurtenances used in providing a water service connection is in the water system. The charges prescribed in this chapter are for connection, and do not convey any right of title to the facilities. (Ord. 1074 § 3, 2019; Ord. 979 (Exh. A), 2009; Ord. 646, 1983)
13.10.090 Duties of city engineer and water collector.
It shall be the duty of the city engineer to supervise all connections to the municipal water system and to establish and administer such reasonable rules and regulations applicable to connections to and the use and operation of the municipal water system as may be deemed advisable or necessary, including, without limiting the generality of the foregoing, rules and regulations relative to:
A. The furnishing of temporary water service;
B. The establishment and reestablishment of credit and requirements for deposits by applicants for permits to connect with the municipal water system whose service has been previously discontinued and applicants for such permits who are not the owners of the premises for which water service is requested; and
C. Water main extensions, including general or ordinary extensions, to subdivisions or tracts;
provided, that each set of rules and regulations so established shall before becoming effective be approved by a resolution adopted by the city council; and provided further, that no such rules and regulations so established and approved shall be in conflict with any provision of this chapter, and shall at all times be subject to appeal to the city council whose decision shall be final. It shall be the duty of the water collector to collect all water charges. The water collector shall keep an accurate accounting and records showing the source, amount, and disposition of all funds received from water charges. (Ord. 1074 § 3, 2019; Ord. 646, 1983)
13.10.100 Shortage of supply and service interruptions.
A. The city shall exercise reasonable diligence to provide continuous and adequate water service to consumers and to avoid any shortage or interruption of delivery of water; provided, that the city shall have the right to suspend water service temporarily to make necessary repairs or improvements to the municipal water system. In each case of temporary suspension of service, the city shall notify the consumers affected as soon as circumstances permit and will prosecute the work of repair or improvements with due diligence and with the least possible inconvenience to consumers.
B. During any period of threatened or actual water shortage, the city shall have the right to apportion its available water supply among consumers in such manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety. (Ord. 1074 § 3, 2019; Ord. 646, 1983)
13.10.110 Appeals.
A. Any person who has a right to appeal as provided in any section of this chapter or who is dissatisfied with any determination hereafter made under the terms of this chapter by the city engineer or the water collector may, at any time within thirty days after such determination, appeal to the city council by giving written notice to the city engineer or the water collector and to the city clerk, setting forth the determination with which the person is dissatisfied. The city council may at any time upon its own motion appeal from any determination made by the city engineer or the water collector under this chapter. In the event of any such appeal, the city engineer or water collector shall transmit to the city council a report upon the matter appealed. The city council shall cause notice to be given, at least ten days prior to the time fixed for such hearing, to all persons affected by the appeal, of the time and place fixed by the city council for hearing the appeal. The city council shall direct the city clerk to make a written notice, postage prepaid, to all such persons whose addresses are known to the city council.
B. Pending decision upon any appeal relative to the amount of any charges under this chapter, the person making the appeal shall pay such charge. After the appeal is heard, the city council shall order refunded to the person making the appeal an amount, if any, as the city council shall determine. (Ord. 1074 § 3, 2019; Ord. 646, 1983)