Chapter 13.04 WATER SERVICE SYSTEM

For the purpose of this chapter all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number; and all words in the singular number shall include the plural number:

“City” means the city of Trinidad, California.

“Connection” means the pipeline and appurtenant facilities such as the curb stop, meter and meter box all used to extend water service from a main to premises, the laying thereof and the tapping of the main. Where the services are divided at the curb or property line to serve several customers, each such branch service shall be deemed a separate service.

“Cost” means the cost of labor, material, transportation, supervision, engineering, and all other necessary overhead expenses.

“Council” means the city council of the city of Trinidad.

“Cross-connections” means any physical connection between the piping system from the city service and that of any other water supply that is not 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 water user, the tenant, or the owner.

“Main” means a water line in a street, highway, alley, or easement used for public and private fire protection and for general distribution of water.

“Owner” means the person owning the fee, or the person 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, or as executor, administrator, guardian or trustee of the owner.

“Person” means an individual or a company, association, co-partnership or public or private corporation.

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

“Private fire protection service” means water service and facilities for building sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection and the water available therefor.

“Public fire protection service” means the service and facilities of the entire water supply, storage and distribution system of the city, including the fire hydrants affixed thereto, and the water available for fire protection, excepting house service connections and appurtenances thereto.

“Regular water service” means water service and facilities rendered for normal domestic, commercial and industrial purposes on a permanent basis, and the water available therefor.

“Temporary water service” means water service and facilities rendered for construction work and other uses of limited duration and the water available therefor.

“Water department” means the city council performing functions related to the city water service, together with the water superintendent and the billing clerk, city engineer and other duly authorized representatives. [Ord. 140 §§ 2, 25 – 39, 1971].

13.04.030 Water system.

The city will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving and distributing of water for public and private uses, including all parts of the enterprise, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment. [Ord. 140 § 3, 1971].

13.04.040 Pressure conditions.

All applicants for service connections for 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 city harmless for any damages arising out of low pressure or high pressure conditions or interruptions in service. [Ord. 140 § 5, 1971].

13.04.050 Maintenance of water pressure and emergency repairs.

The city shall not accept any responsibility for the maintenance of pressure, and it reserves the right to discontinue service while making emergency repairs, etc. Consumers dependent upon a continuous supply should provide emergency storage. [Ord. 140 § 6, 1971].

13.04.060 Tampering with city property.

No one except an employee or representative of the water department shall at any time in any manner operate the curb cocks or valves, main cocks, gate or valves of the city’s system; or interfere with meters or their connections, street mains or other parts of the water system. [Ord. 140 § 7, 1971].

13.04.070 Rulings are final.

All rulings of the water superintendent shall be final unless appealed in writing to the council within five days. When appealed, the council’s ruling shall be final. [Ord. 140 § 9, 1971].

13.04.080 Pools and tanks.

When an abnormally large quantity of water is desired for filling a swimming pool or for other purposes, arrangements must be made with the city prior to taking such water. Permission to take water in unusual quantities will be given only if it can be safely delivered through the city’s facilities and if other consumers are not inconvenienced thereby. [Ord. 140 § 260, 1971].

13.04.090 Responsibility for equipment.

The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such equipment, or the negligence or wrongful act of the customer or of any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, operating or interfering with such equipment. The city shall not be responsible for damage to property caused by faucets, valves and other equipment that are open when water is turned on at the meter, either originally or when turned on after a temporary shutdown. [Ord. 140 § 261, 1971].

13.04.100 Notices – To customers.

Notices from the city to a customer will normally be given in writing, and either delivered or mailed to him at his last known address. Where conditions warrant and in emergencies, the city may resort to notification either by telephone or messenger. [Ord. 140 § 45, 1971].

13.04.110 Notices – From customers.

Notice from the customer to the city may be given by him or his authorized representative in writing at the city’s operating office, or to the water superintendent. [Ord. 140 § 46, 1971].

13.04.120 Water department – Created.

A water department is created comprising the city council, a water superintendent and a billing clerk. [Ord. 140 § 50, 1971].

13.04.130 Water department – Water superintendent – Created.

The position of water superintendent is created. He shall regularly inspect and maintain all physical facilities related to the city water system, to see that they are in good repair and proper working order, and to note violations of any water regulations. He shall report directly to the water commissioner. [Ord. 140 § 51, 1971].

13.04.140 Water department – Water superintendent – Duties.

The water superintendent shall have, subject to approval of the water commissioner, full charge and control of the maintenance, operation and construction of the water works and system; authority to employ and discharge all employees and assistants; fix and alter the compensation of employees and assistants subject to approval by the council; and shall have charge of all employees and assistants. He shall perform such other duties as are imposed from time to time by the council, and shall report to the commissioner in accordance with the rules and regulations adopted by the council. [Ord. 140 § 52, 1971].

13.04.150 Water department – Water superintendent – Violation – repairs.

He shall promptly report any violation or disrepair to the commissioners. If the work required is in the nature of an emergency, he shall take whatever steps are necessary to maintain service to consumers. [Ord. 140 § 53, 1971].

13.04.160 Water department – Water superintendent – Supervision.

He shall supervise all repair or construction work authorized by the council and perform any other duties prescribed elsewhere in this chapter or which shall be hereafter prescribed by the council. [Ord. 140 § 54, 1971].

13.04.170 Water department – Billing clerk – Created.

The position of the billing clerk is created. He shall have charge of the office of the water department and of the billing for and collecting the charges herein provided. He shall perform such other duties as shall be determined by the water commissioner and council. [Ord. 140 § 55, 1971].

13.04.180 Water department – Billing clerk – Duties.

The billing clerk shall compute, prepare and mail bills as hereinafter prescribed, make collections, maintain proper books of account, collect account for and refund deposits, do whatever else is necessary or directed by the council to set up and maintain an efficient and economical bookkeeping system, and perform any other duties now or hereafter prescribed by the council. [Ord. 140 § 56, 1971].

13.04.190 Water superintendent – Billing clerk – Performance of duties.

The foregoing duties of water superintendent and billing clerk may be performed by an additional employee or employees. [Ord. 140 § 57, 1971].

13.04.200 Water department – Water commissioner – Created.

A. The position of water commissioner is created. He shall be a member of the council, appointed to such duty. He shall exercise supervisory authority over the water superintendent and billing clerk. Matters of policy not otherwise defined shall be referred to him.

B. Expenditures for new equipment or material $50.00 and for repairs over $200.00 shall normally be approved by the water commissioner.

C. In the absence of the commissioner the mayor shall assume that position. [Ord. 140 § 58, 1971].

13.04.210 Application for water service.

A property owner or his agent may make application for regular water service on the following application form or by letter giving the same information:


CITY OF TRINIDAD
APPLICATION FOR WATER SERVICE INSTALLATION
Name ___________________	Location of premises to be served _____________
Mailing Address ___________________	Date Service Required ___________________
	Size of Meter ________
By signing this application, the applicant agrees to observe any city regulation now or hereafter adopted related to the water service and to pay water bills promptly.
	(owner) ____________
	(agent) _____________
	(title) ______________

[Ord. 92-2 § 2, 1992; Ord. 140 § 75, 1971].

13.04.220 Applicant responsibility.

Such application will signify the customer’s willingness and intention to comply with this and other ordinances or regulations relating to the regular water service and to make payment for water service required. [Ord. 140 § 76, 1971].

13.04.230 Payment for previous service.

An application will not be honored unless payment in full has been made for water service previously rendered to the applicant by the city. [Ord. 140 § 77, 1971].

13.04.235 Water rates and fees.

A. All water rates and fees shall be established, and may be amended, by resolution of the city council from time to time.

B. Payment of connection fees is to be made at the earlier of the following two circumstances:

1. At the time of application for a building permit; or

2. At the time of application for water service if no building permit is involved.

C. 1. Installation of services by city shall be completed within 30 days of approval of the application, unless the main is more than 100 feet away from the closest part of the parcel to be served, in which case installation shall occur within 90 days of the approval of the application.

2. Installation of services by others (not the city) shall be completed within 60 days of the approval of the application.

3. Extension in the time periods specified in subsections (C)(1) and (2) of this section may be approved by the water superintendent for a single period up to 60 days. Said extension is to be in writing and based upon weather, utility conflicts or similar circumstances.

D. 1. Failure to initiate the installation of the required services within the time period required in subsection (C)(1) of this section will result in the refund by the city of 100 percent of the connection fees received. Upon issuance of the refund, the approval of the application is ended.

2. Failure to initiate the installation of the required services within the time period required for the installation of subsection (C)(2) of this section will result in the refund by the city of the connection fees received, less 10 percent of the fees for processing and related city costs. Upon issuance of the refund, the approval of the application is ended. [Ord. 92-2 § 1, 1992; Ord. 90-207 § 1, 1990; Ord. 157 § 2, 1977].

13.04.240 Installation of services.

Regular water services will be installed as desired by the applicant of the size determined by the water department. Service installations will be made only to property abutting on distribution mains as have been constructed in public streets, alleys or easements, or to extensions thereof as hereby provided. Services installed in new subdivisions prior to the construction of streets or in advance of street improvement must be accepted by the applicant in the installed location. [Ord. 140 § 79, 1971].

13.04.250 Changes in customer’s equipment.

Customers making any material change in the size, character, or extent of the equipment or operations utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the city written notice of the nature of the change, and, if necessary, amend their application. [Ord. 140 § 80, 1971].

13.04.260 Size and location.

The city reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. The laying of consumer’s pipe line to the meter should not be done until the location of the service connection has been approved by the superintendent. [Ord. 140 § 81, 1971].

13.04.270 Curb cock.

Every service connection installed by the city shall be equipped with a curb cock on the inlet side of the meter. The curb cock is intended for the exclusive use of the city in controlling the water supply through the service connection pipe. If the curb cock is damaged by the consumer’s use to an extent requiring replacement, such replacement shall be at the consumer’s expense. [Ord. 140 § 82, 1971].

13.04.280 Domestic, commercial and industrial service connection.

It is unlawful to maintain a connection excepting in conformity with the following rules:

A. Separate Use. Each house, apartment, dwelling unit, business or building (utilized as a dwelling unit or business) must be provided with a separate service connection, including meter unless the council approves extenuating circumstances that one is not necessary. If the city council allows for multiple uses to be served from a single connection, then one base rate according to the current rate schedule shall be paid for each use on a single meter plus any consumption charges.

B. A separate dwelling unit shall be as defined by the Uniform Building Code (UBC) and generally includes multiplexes, garage conversions, house conversions, cottages, mother in law units and other dwelling units that have a separate outside entrance and bath facilities. Separate service is required whether or not these separate units are occupied. A separate connection is not required if the dwelling unit or other separate use is removed from service in conformance with the requirements of the UBC.

C. Single Connection. Not more than one service connection for domestic or commercial supply shall be installed for one use, except under special conditions.

D. Different Owners. A service connection shall not be used to supply property owners or supply property of the same owner across a street or alley, without written approval for specific cases otherwise meeting the intent of this chapter.

E. Divided Property. When property with a service connection is divided, each service connection shall be considered as belonging to the lot or parcel of land which it directly enters.

F. Grace Period. There shall be a grace period for all separate uses existing on January 1, 1998. During this grace period, the city shall waive the connection fee and will not require the installation of separate water meters for separate uses where the property owner applies for water service by June 30, 1998. Monthly water base rates for additional uses on a single meter shall accrue from the effective date of the ordinance codified in this chapter. If the owner does not apply for service by June 30, 1998, the connection fee shall be paid by the owner for all separate uses whether new or existing. Failure to pay the connection fee will result in termination of water service for any connection that serves more than one use. If service is terminated, the city’s reconnection fee shall be charged for reconnection. [Ord. 98-2 § 1, 1998; Ord. 140 § 83, 1971].

13.04.290 Service connections.

The service connections extending from the water main to the property line and including the meter, meter box and curb cock or wheel valve shall be maintained by the city. All pipes and fixtures extending or lying beyond the property line (or meter) shall be installed and maintained by the owner of the property. [Ord. 140 § 84, 1971].

13.04.300 Application for main extension.

The following rules are established for making main extensions:

A. Application. Any owner of one or more lots or parcels or subdivider of a tract of land, desiring the extension or enlargement of one or more water mains to serve such property, shall make a written application therefor to the city, the application to contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the city, and be accomplished by a map showing the location and number of the proposed connections.

B. Investigation. Upon receipt of the application, the water superintendent shall make an investigation and survey of the proposed extension and shall report his findings to the engineer who shall submit his report and the estimated cost thereof to the council.

C. Ruling. The council shall thereupon consider such application and report and after such consideration, reject, modify or approve it.

D. City Lines. All extensions thus provided for, in accordance with these regulations, shall be and remain the property of the city. Refunds for mains on existing city streets are normally not provided.

E. Dead-End Lines. No dead-end lines shall be permitted, except at the discretion of the engineer, and in cases where circulation lines are necessary, they shall be designed and installed by the water department as a part of the cost of the extension. [Ord. 140 § 100, 1971].

13.04.310 Installation of main extension – Costs.

A. The city will provide all main extensions upon application for service. The applicant shall advance the estimated cost of the main to and across his street frontage. For a corner lot the street frontage shall be one-half the sum of the total street frontages; for other irregular shaped lots the total street frontage shall be determined by the council. The estimated cost of the main shall be based on the engineer’s estimate plus 10 percent for six-inch asbestos cement pipe, in place as determined by the council.

B. A two-inch line may be installed where in the opinion of the engineer a two-inch line is sufficient to supply a limited number of houses (usually less than six) and the two-inch line will not be further extended in such a case without the approval of the council. The applicant shall pay the entire cost of the entire length of the two-inch line plus 10 percent.

C. The city will tap the main and provide the valve at the main at the city’s expense. [Ord. 140 § 101, 1971].

13.04.320 Main extension – Advance costs and refunds.

A. When a person applies to connect his property to a main extension previously paid for by another person as set forth in TMC 13.04.310, such applicant shall pay to the city one-half of the actual original cost of the main extension across his street frontage. When such connection is made within 10 years of the date of original connection of such extension to the city’s water system, the city shall, upon receipt of payment from such applicant, pay the amount so collected to the person who paid for the main extension as set forth in TMC 13.04.310.

B. When a person applies for an additional or enlarged service to property that fronts on a main that has been extended and paid for by another owner subsequent to the date the applicant’s property was originally connected to the city’s system, such applicant shall pay to the city one-half of the actual original cost of such main extension across his street frontage. When such additional or enlarged service is connected within 10 years of the date of original connection of such extension to the city’s water system, the city shall, upon receipt of payment from such applicant, pay the amount so collected to the person who paid for the main extension as set forth in TMC 13.04.310. [Ord. 140 § 102, 1971].

13.04.330 Excess costs – Determination.

If, in the opinion of the council, the cost thereof is in excess of what it is prepared to advance, or it questions the economic advantage to the city of making such advance, then the person desiring service shall pay all costs, as follows:

A. Under 100 Feet. When the city so determines, the applicant shall advance one-half the estimated cost of the main across his street frontage, which frontage shall be not less than 50 feet, provided this distance, plus street intersections, if any, does not exceed 100 feet.

B. One Hundred Feet Plus. Should the total main extension exceed 100 feet the total cost must be deposited in advance of construction.

C. Corner. For a corner lot the street frontage shall be one-half the sum of the total street frontage; for other irregular shaped lots the total street frontage shall be determined by the council.

D. Deposit. The deposit for cost of main shall be based on the city engineer’s estimate plus 10 percent for six-inch minimum cement asbestos pipe, in place.

E. Two-Inch Pipe. A two-inch line may be installed only where in the opinion of the engineer a two-inch line is sufficient to supply a limited number of houses (three to six) where such main will never be extended; and there is adequate nearby fire protection. The applicant(s) shall pay the entire cost of the entire length of two-inch line plus 10 percent. The city will tap the main and provide the valve at the main. [Ord. 140 § 103, 1971].

13.04.340 Main extension – Refund.

A. Where the cost of the extension, excepting the one-half of the first 100 feet as provided for in TMC 13.04.330, has been paid for by a property owner(s) a refund shall be paid to the original person(s) advancing the cost of the main after others pay for their one-half the cost of the remainder of the main across his street frontage, which refund will be refunded to the original property owner(s) having made such payment, if it occurs within a 10-year period of such agreement date.

B. Refund of the cost of two-inch line shall include all of the first 100 feet as provided for in TMC 13.04.330 (as it was paid for by original applicant). [Ord. 140 § 104, 1971].

13.04.350 Subdivisions – Application required.

A person desiring to provide a water system within a tract of land which he proposes to subdivide shall make written application therefor. [Ord. 140 § 120, 1971].

13.04.360 Subdivisions – Contents of application.

The application shall state the number of the tract, the name of the subdivision, and its location. It shall be accompanied by a copy of the tentative or final map, and of the plans, profiles and specifications for the street work therein. [Ord. 140 § 121, 1971].

13.04.370 Subdivisions – Investigation of application.

Upon receiving the application, the engineer shall make an investigation and survey of the proposed subdivision and shall report his findings to the council, including a recommendation as to the facilities required and the estimated cost of the proposed water system therefor. [Ord. 140 § 122, 1971].

13.04.380 Subdivisions, tract or housing projects – Deposit.

Subdividers shall advance to the city 110 percent if to be constructed by the city, or 10 percent if to be constructed by the subdivider, of the cost of the labor and materials necessary for constructing main lines to be laid within the subdivision, plus fire hydrants and appurtenances. Fire hydrants shall be so located that each lot is within 500 feet of a hydrant. [Ord. 140 § 123, 1971].

13.04.390 Subdivisions – Specifications and construction.

The size, type and quality of materials and location of the lines shall be specified by the water department and the actual construction will be done by the water department or by a contractor acceptable to it, in either of which events it shall be supervised and inspected by the city. [Ord. 140 § 124, 1971].

13.04.400 Subdivisions – Adjustment.

Adjustments of any substantial differences between the estimated and actual number of feet of line installed shall be made at or before the completion of the installation, and any excess shall be refunded to the subdivider and any shortage will be paid by him to the city. [Ord. 140 § 125, 1971].

13.04.410 Subdivisions – Property of city.

All facilities shall be the property of the city and the total amount of credits and refunds shall not exceed the original deposit. [Ord. 140 § 126, 1971].

13.04.420 Subdivisions – Connections.

The subdivider shall, at his cost, provide all connections to houses constructed by him, as herein provided, prior to paving. [Ord. 140 § 127, 1971].

13.04.430 Number of services per premises.

The applicant may apply for as many services as may be reasonably required for his premises; provided, that the pipe line system from each service be independent of the others and that they not be interconnected. [Ord. 140 § 140, 1971].

13.04.440 Water waste.

No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the city may discontinue the service if such conditions are not corrected within five days after giving the customer written notice. [Ord. 140 § 141, 1971].

13.04.450 Responsibility for equipment on customer premises.

All facilities installed by the city on private property for the purpose of rendering water service shall remain the property of the city and may be maintained, replaced or repaired by the water department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made by city for placing or maintaining the facilities on private property. [Ord. 140 § 142, 1971].

13.04.460 Damage to water system facilities.

The customer shall be liable for any damage to the service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks 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 city shall be reimbursed by the customer for any such damage promptly on presentation of a bill. [Ord. 140 § 143, 1971].

13.04.470 Ground wire attachments.

All individuals or business organizations 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 city. The city will hold the customer liable for any damage to its property occasioned by such ground wire attachments. [Ord. 140 § 144, 1971].

13.04.480 Control valve on the customer property.

The customer shall provide a valve on his side of the service installation, as close to the meter location as practicable, to control the flow of water to the piping on his premises. The customer shall not use the service curb stop to turn water on and off for his convenience. [Ord. 140 § 145, 1971].

13.04.490 Cross-connections.

A. Cross-Connection Control Required. It shall be the responsibility of the water superintendent of the city to protect the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. The superintendent or his designated agent shall conduct a periodic survey to identify water user premises where cross-connections are likely to occur. If, in the judgment of the superintendent or his designated agent, an approved backflow prevention device is required at the city’s water service connection to any customer’s premises, for the safety of the city water system, the superintendent or designated agent shall give notice in writing to said customer to install such an approved device at each service connection to his premises. The customer shall immediately install such device at such customer’s expense. Failure, refusal, or inability on the part of the customer to install such a device shall constitute grounds for discontinuing water service to the premises until such device has been properly installed.

B. Approved Standards for Cross-Connection Control Devices. Any backflow prevention device required by this chapter shall be a model and size approved by the water superintendent. The terms “approved backflow prevention device” as used in this chapter shall mean a model approved by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research, as specified in the latest approved list of backflow devices.

C. Approval of Water Superintendent Required. Prior to the installation of any backflow prevention device the customer shall submit to the water superintendent for approval a statement containing the make and model of such device and the location and method of such device.

D. Annual Inspection of Cross-Connection Control Devices Required. It shall be the duty of the customer-user at any premises where an approved backflow prevention device has been installed to have certified inspections and operational tests made at least once each year. If in the opinion of the water superintendent or his designated agent a hazard is great enough, the superintendent may require a certified inspection at more frequent intervals. All inspections and tests shall be done at the customer’s expense and shall be performed by the device manufacture’s representative, by the city’s utility personnel, or by a certified tester approved by the city. For any such inspection performed by the city’s utility personnel a charge will be made to the customer in the amount of $15.00 per test on backflow prevention devices up to and including one inch. Testing of a larger backflow prevention device will be charged to the customer at the cost to the city, with a minimum charge of $15.00. It shall be the duty of the water superintendent to ensure that these tests are made periodically. The customer shall notify the city in advance of all such tests so that a representative of the city may be present to witness the test. Whenever an approved backflow prevention device is found to be defective, such device shall be repaired, overhauled, or replaced at the expense of the customer. Records of all such tests, repairs, or replacement shall be kept by the customer and made available to the city. In addition, the water superintendent shall maintain records of all tests, repairs, or replacements.

E. Whenever necessary to make an inspection to determine compliance with the provisions of this chapter, the health officer may enter any buildings or place at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this chapter; provided, that, if such building or place be occupied, he shall first present proper credentials and demand entry; and, if such building or place be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or place and demand entry. If such entry is refused, the health officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. [Ord. 90-204 § 2(S), 1990; Ord. 88-198 § 1, 1988; Ord. 140 § 146, 1971].

13.04.500 Cross-connections – Special cases.

In special circumstances, when the customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the city may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection to the backflow prevention device. [Ord. 140 § 147, 1971].

13.04.510 Relief valves.

As a protection to the customer’s plumbing system, a suitable pressure relief valve must be installed and maintained by him, at his expense, when check valve or other protective devices are used. The relief valve shall be installed between the check valves and the water heater. [Ord. 140 § 148, 1971].

13.04.520 Backflow devices.

Whenever backflow protection has been found necessary on a water supply line entering a customer’s premises, then any and all water supply lines from the city’s mains entering such premises, buildings or structures shall be protected by an approved backflow device, regardless of the use of the additional water supply lines. [Ord. 140 § 149, 1971].

13.04.530 Inspection of backflow devices.

The double check valve or other better approved backflow protection devices may be inspected and tested periodically for water tightness by the city. The devices shall be serviced, overhauled, or replaced whenever they are found defective and all costs of repair and maintenance shall be borne by customer. [Ord. 140 § 150, 1971].

13.04.540 Discontinued service.

The service of water to any premises may be immediately discontinued by the city if any defect is found in the check valve installations or other protective devices, or if it is found that dangerous unprotected cross-connections exist. Service will not be restored until such defects are corrected. [Ord. 140 § 151, 1971].

13.04.550 Interruptions in service.

The city shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the water department. [Ord. 140 § 152, 1971].

13.04.560 Right of entry.

Whenever necessary to make an inspection to determine compliance with the provisions of this chapter, the health officer may enter any buildings or place at all reasonable times to inspect the same or to perform any duty imposed upon the health officer by this chapter; provided, that if such building or place be occupied, he shall first present proper credentials and demand entry; and, if such building or place be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or place and demand entry. If such entry is refused, the health officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. [Ord. 90-204 § 2(S), 1990; Ord. 140 § 153, 1971].

13.04.570 Meter – Installations.

Meters will be installed in the sidewalk area, and shall be owned by the city and installed and removed at its expense. No rent or other charge will be paid by the city for a meter or other facilities, including connections. All meters will be sealed by the city at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents. [Ord. 140 § 160, 1971].

13.04.580 Meters – Change in location.

Meters moved for the convenience of the customer will be relocated at the customer’s expense. Meters moved to protect the city’s property will be moved at its expense. If the lateral distance which the customer desires to have the meter moved exceeds eight feet he will be required to pay for new service at the desired location. [Ord. 140 § 161, 1971].

13.04.590 Meters – Tests – Deposit.

All meters will be tested prior to installation and no meter will be installed which registers more than two percent fast. If a customer desires to have the meter serving his premises tested, he shall first deposit $50.00 for meters up to one inch in size and $75.00 for meters larger than one inch in size and shall be present when the meter is tested in the meter shop of the water department, or other specified location. Should the meter register more than two percent fast, the deposit will be refunded, but should the meter register less than two percent fast the deposit will be retained by the water department. [Ord. 92-2 § 4, 1992; Ord. 140 § 162, 1971].

13.04.600 Meters – Adjustment for errors – Fast meters.

If a meter tested at the request of a customer is found to be more than two percent fast, the excess charges for the time service was rendered the customer requesting the test, or for a period of six months, whichever shall be the lesser, shall be refunded to the customer. [Ord. 140 § 163, 1971].

13.04.610 Meters – Adjustment for errors – Slow meters.

If a meter tested at the request of a customer is found to be more than 25 percent slow in the case of domestic services, or more than five percent slow for other than domestic services, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for the period, not exceeding six months, that the meter was in use. [Ord. 140 § 164, 1971].

13.04.620 Nonregistering meters.

If a meter is found to be not registering, the charges for service shall be at the minimum monthly rate or based on the estimated consumption, whichever is greater. Such estimates shall be made from previous consumption for a comparable period or by such other methods as is determined by the water department and its decision shall be final. [Ord. 140 § 165, 1971].

13.04.630 Billing – Period.

The regular billing period will be monthly or bi-monthly at the option of the city. [Ord. 140 § 175, 1971].

13.04.640 Billing – Meter reading.

Meters will be read as nearly as possible on the same day each month. Billing periods containing less than 27 days or more than 33 days for bills rendered monthly or less than 54 days and more than 66 days for bills rendered bi-monthly will be pro-rated. [Ord. 140 § 176, 1971].

13.04.650 Billing – Opening and closing bills.

Opening and closing bills for less than the normal billing period shall be pro-rated both as to minimum charges and quantity blocks. If the total period for which service is rendered is less than one month, the bill shall not be less than the monthly minimum charge applicable. Closing bills may be estimated by the water department for the final period as an expediency to permit the customer to pay this closing bill at the time service is discontinued. [Ord. 140 § 177, 1971].

13.04.660 Billing – Water charges.

Water charges are due and payable at the office of the city on the date of mailing the bill to the property owner or his agent as designated in the application, and delinquent 15 days after the post office cancellation date. Service may be discontinued for nonpayment of bills on or after the sixtieth day after the bill was sent. At least 15 days prior to such discontinuance, the customer will be sent a final notice informing him that discontinuance will be enforced if payment is not made within the time specified in the notice. The failure of the city to send, or any such person to receive, the notice shall not affect the city’s power hereunder. A customer’s water service may be discontinued if water service furnished at a previous location is not paid for within the time herein fixed for payment of bills. If a customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off. Domestic service, however, will not be turned off for nonpayment of bills for other classes of service. [Ord. 90-204 § 2(R), 1990; Ord. 140 § 178, 1971].

13.04.670 Billing – Payment.

Bills for metered water service shall be rendered at the end of each billing period. Flat rate service shall be billed in advance. Bills shall be payable on presentation. On each bill for water service rendered by the city shall be printed substantially the following:

If this bill is not paid within fifteen days after the Post Office cancellation date of this card, service may be discontinued. A reconnection charge and penalties will be made and collected prior to renewing service following a discontinuance.

[Ord. 140 § 179, 1971].

13.04.680 Billing – Separate meters not combined.

Separate bills will be rendered for each meter installation except where the water department has, for its own convenience, installed two or more meters in place of one meter. Where such installations are made the meter readings will be combined for billing purposes. [Ord. 140 § 180, 1971].

13.04.690 Billing – Consumer’s guarantee.

A. The water charge begins when a service connection is installed and the meter is set, unless the water is ordered to be left shut off when the service connection is ordered to be installed. Before water is turned on by the city for any purpose whatever, the customer must sign a form in which he guarantees payment of future water bills for the service required. The person signing the guarantee form or meter set form will be held liable for water used until the city is notified in writing to discontinue service or to transfer the account to another property owner.

B. For residential, the city may require a deposit in advance in the amount that it may decide from time to time. [Ord. 93-10 § 2, 1993; Ord. 92-2 § 3, 1992; Ord. 140 § 181, 1971].

13.04.695 Customer water leak – Reduction in bill.

There shall be a one-time reduction in a customer’s water bill, during one billing cycle only, for water which is metered but unused because of a water leak on the owner’s side of the water meter or property line. This reduction shall only be allowed where it is determined by the city council that the leak was caused by occurrences or events beyond the reasonable control of the property owner.

The reduction shall be a forgiveness of not more than one-half of the customer’s water bill for the one billing cycle during which the leak is discovered. [Ord. 130 § 1, 1993].

13.04.700 Water used without connection application.

A person taking possession of premises and using water from an active service connection without having made application to the city for water service shall be held liable for the water delivered from the date of the last recorded meter reading, and if the meter is found inoperative the quantity consumed will be estimated. If proper application for water service is not made upon notification to do so by the city, and if accumulated bills for service are not paid immediately, the service may be discontinued by the city without further notice. [Ord. 140 § 182, 1971].

13.04.710 Leaking pipes and fixtures.

When turning on the water supply as requested and the house or property is vacant, the city will endeavor to ascertain if water is running on the inside of the building. If such is found to be the case, the water will be left shut off at the curb cock on the inlet side of the meter. The water department’s jurisdiction and responsibility ends at the property line and the council and/or city will in no case be liable for damages occasioned by water running from open or faulty fixtures, or from broken or damaged pipes inside the property line. [Ord. 140 § 183, 1971].

13.04.720 Damage to meters.

The council reserves the right to set and maintain a meter on any service connection. The water consumer shall be held liable, however, for any damage to the meter due to his negligence or carelessness and in particular for damage caused by hot water or steam from the premises. [Ord. 140 § 184, 1971].

13.04.730 Disconnection for nonpayment.

Service may be discontinued for nonpayment of bills on or before the fifteenth day following the date of post office cancellation. [Ord. 140 § 190, 1971].

13.04.740 Reconnection.

Failure to receive bill does not relieve consumer of liability. Any amount due shall be deemed a debt to the city, and any person, firm or corporation failing, neglecting or refusing to pay said indebtedness shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount thereof. [Ord. 140 § 191, 1971].

13.04.750 Reconnection charge.

A reconnection charge of $50.00 plus penalties will be made and collected prior to renewing service following a discontinuance. [Ord. 92-2 § 5, 1992; Ord. 140 § 192, 1971].

13.04.760 Disconnection – Unsafe apparatus.

Water service may be refused or discontinued to any premises where apparatus or appliances are in use which might endanger or disturb the service to other customers. [Ord. 140 § 193, 1971].

13.04.770 Disconnection – Cross-connections.

Water service may be refused or discontinued to any premises where there exists a cross-connection in violation of state or federal laws. [Ord. 140 § 194, 1971].

13.04.780 Fraud or abuse.

Service may be discontinued if necessary to protect the city against fraud or abuse. [Ord. 140 § 195, 1971].

13.04.790 Noncompliance with regulations.

Service may be discontinued for noncompliance with this or any other ordinance or regulation relating to the water service. [Ord. 140 § 196, 1971].

13.04.800 Vacating premises.

Customers desiring to discontinue service should so notify the water department two days prior to vacating the premises. Unless discontinuance of service is ordered, the customers shall be liable for charges whether or not any water is used. [Ord. 140 § 197, 1971].

13.04.810 Penalty for nonpayment.

Rates and charges which are not paid on or before the day of delinquency shall be subject to a penalty of 10 percent and thereafter shall be subject to a further penalty of two percent per month on the first day of each month following. [Ord. 140 § 210, 1971].

13.04.820 Suit for collection of charges.

All unpaid rates and charges and penalties herein provided may be collected by suit. [Ord. 140 § 211, 1971].

13.04.830 Suit – Costs.

Defendant shall pay all costs of suit in any judgment rendered in favor of city. [Ord. 140 § 212, 1971].

13.04.840 Use of fire hydrants.

Fire hydrants are for use by the city or by organized fire protection agencies pursuant to contract with the city. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the water department prior to use and shall operate the hydrant in accordance with instructions issued by the water department. Unauthorized use of hydrants will be prosecuted according to law. (Note: do not use hydrant valve for flow control, water truck loading, etc., as it undermines hydrant through relief valve at base.) [Ord. 140 § 220, 1971].

13.04.850 Hydrant rental.

A charge, to be determined by contract between the city and organized fire protection agencies, will be imposed for hydrant maintenance and water used for public fire protection. [Ord. 140 § 221, 1971].

13.04.860 Moving of fire hydrants.

When a fire hydrant has been installed in the location specified by the proper authority, the city has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes, without refund. Any change in location of a fire hydrant must be approved by the proper authority. [Ord. 140 § 222, 1971].

13.04.870 Private fire protection – Payment of cost.

The applicant for private fire protection service shall pay the total actual cost of installation of the service from the distribution main to the customer’s premises including the cost of a detector check meter or other suitable and equivalent device, valve and meter box, the installation to become the property of the city. The city may agree to install the connection and meter at cost plus 10 percent. [Ord. 140 § 230, 1971].

13.04.880 Private fire protection – No connection to other system.

There shall be no connections between this fire protection system and any other water distribution system on the premises. [Ord. 140 § 231, 1971].

13.04.890 Private fire protection – Water.

There shall be no water used through the fire protection service except to extinguish fires and for testing the fire fighting equipment. [Ord. 140 § 232, 1971].

13.04.900 Private fire protection – Meter rates.

Any consumption recorded on the meter will be charged for at double the regular service rates except that no charge will be made for water used to extinguish fires where such fires have been reported to the fire department. [Ord. 140 § 233, 1971].

13.04.910 Private fire protection – Monthly rates.

The monthly rates for private fire protection shall be established by the city council upon receipt of application. [Ord. 140 § 234, 1971].

13.04.920 Private fire protection – Water for fire storage tanks.

Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the city in advance and an approved means of measurement is available. The regular water rates will be applied. [Ord. 140 § 235, 1971].

13.04.930 Private fire protection – Violation of agreement.

If water is used from a private fire service in violation of the agreement or of these regulations, the city may, at its option, discontinue and remove the service. [Ord. 140 § 236, 1971].

13.04.940 Water pressure and supply.

The city assumes no responsibility for loss or damage due to lack of water or pressure, either high or low, and merely agrees to furnish such quantities and pressures as are available in its general distribution system. The service is subject to shutdowns and variations required by the operation of the system. [Ord. 140 § 237, 1971].

13.04.950 Fire service connections – Rules.

The following rules shall apply to fire service connections:

A. Valve. When a fire service connection is installed, the valve governing same will be closed and sealed and remain so until a written order is received from the owner of the premises to have the water turned on.

B. Meter. If the city has not required a meter, and if water is used through a fire service connection for any other purpose than extinguishing of fires, it shall have the right to place a meter on the fire service connection at the owner’s expense, or shut off the entire water supply from such premises.

C. Additional Service. The city shall have the right to take domestic, commercial or industrial service connection from the fire service connection at the curb to supply the same premises as those to which the fire service connection belongs. The council shall also have the right to determine the proportion of the installation cost properly chargeable to each service connection, if such segregation of costs shall become necessary.

D. Check Valve. The council reserves the right to install on all fire service connections a check valve of a type approved by the National Board of Fire Underwriters, and to equip the same with a bypass meter at the expense of the owner of the property. [Ord. 140 § 238, 1971].

13.04.960 Temporary service – Duration.

Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the city. [Ord. 140 § 250, 1971].

13.04.970 Temporary service – Deposit.

The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish the service exclusive of the cost of salvageable material. Upon discontinuance of service, the actual cost shall be determined and an adjustment made as an additional charge, refund or credit. If service is supplied through fire hydrant, the applicant will be charged in accordance with the following rate schedule:

A. Flat charge per connection, for both installation and removal of service facilities, including the meter, $5.00;

B. Each additional move of facilities to another location, $5.00. [Ord. 140 § 251, 1971].

13.04.980 Temporary service – Installation and operation.

All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions. [Ord. 140 § 252, 1971].

13.04.990 Temporary service – Responsibility for meters and installations.

The customer shall use all possible care to prevent damage to the meter or to any loaned facilities of the city which are involved in furnishing the temporary service from the time they are installed until they are removed, or until 48 hours’ notice in writing has been given to the city that the contractor or any other person is through with the meter or meters and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer. [Ord. 140 § 253, 1971].

13.04.1000 Temporary service – Supply from fire hydrant.

An applicant for temporary use of water from a fire hydrant must secure a permit therefor from the city and pay the regular fee charged for the installation and removal of a meter to be installed on the hydrant, a valve for shutoff control, and provide himself with a hydrant wrench necessary to operate such hydrant, or pay the city $5.00 for the loan of such equipment, and pay for the water used in accordance with the meter readings, at the rates prescribed by the council. [Ord. 140 § 254, 1971].

13.04.1010 Temporary service – Unauthorized use of hydrants.

Tampering with any fire hydrant for the unauthorized use of water therefrom, or for any other purpose, is a misdemeanor, punishable by law. [Ord. 140 § 255, 1971].

13.04.1020 Temporary service – Credit.

The applicant shall pay the estimated cost of service in advance or shall be otherwise required to establish credit. [Ord. 140 § 256, 1971].

13.04.1030 Violation – Penalty.

A. For the failure of the customer to comply with all or any part of this chapter, and any ordinance, resolution or order fixing rates and charges of the city, a penalty for which has not hereafter been specifically fixed, the customer’s service shall be discontinued and the water shall not be supplied such customer until he shall have complied with the rule or regulation, rate or charge which he has violated or, in the event that he cannot comply with said rule or regulation, until he shall have satisfied the city that in the future he will comply with all the rules and regulations established by ordinance of the city and with all rates and charges of this city.

B. Service may be discontinued for nonpayment of bills on or after the sixtieth day after the bill was sent. At least 15 days prior to such discontinuance, the customer will be sent a final notice informing him that discontinuance will be enforced if payment is not made within the time specified in the notice. The failure of the city to send, or any such person to receive, the notice shall not affect the city’s power hereunder. A customer’s water service may be discontinued if water service furnished at a previous location is not paid for within the time herein fixed for payment of bills. If a customer receives water service at more than one location and the bill for service at any one location is not paid within the time provided for payment, water service at all locations may be turned off. Domestic service, however, will not be turned off for nonpayment of bills for other classes of service. [Ord. 90-204 § 2(R), 1990; Ord. 140 § 8, 1971].