Chapter 13.04 WATER SERVICE

The water department of the city of Winters shall furnish a safe and potable water supply in accordance with applicable state and federal law. (Ord. 2009-12 § 1 (part))

13.04.020 Definitions.

Words used in this chapter are defined as hereinafter provided:

“Applicant” means any person, group of persons, firm, corporation or association who applies for use of the city’s water system.

“City” means the city of Winters.

“City water system” means those city facilities used to provide water service to consumers.

“Consumer” means any person, group of persons, firm, corporation, or association receiving water service from the city.

“Director” means the director of financial management of the city.

“Minimum charge” means the periodic charge to be paid by a consumer if connected to the city water system, even if no water is used during the period for which such charge is made.

“Premises” means the real property to which water service is or will be provided.

“Water department” means the city of Winters water department.

“Water distribution facilities” means the water lines, pipes and associated equipment owned by the city and necessary to deliver water to consumers.

“Water service” means a connection through which water is supplied or is available to a consumer from the city water system. (Ord. 2009-12 § 1 (part))

13.04.030 Application for water service.

A. After the effective date of the ordinance codified in this chapter, no person shall connect a hose, pipe or other conduit to the city water system before first applying for water service with the water department, submitting a deposit to guarantee payment for such water service in the amount of two hundred dollars ($200.00), and receiving authorization from the water department to make the requested connection.

B. Existing consumers shall not be required to increase the amount of the deposit prior to moving to a new location within the city, unless water service has been terminated in accordance with the provisions of Section 13.04.090. New property owners or tenants shall be required to submit the deposit specified in subsection A of this section prior to receiving water service.

C. Existing consumers who own real property but do not reside on the premises may have the water service account transferred to the tenant or occupant of the premises, upon the payment of the deposit specified in subsection A of this section. (Ord. 2009-12 § 1 (part))

13.04.040 New connection application.

A. Any person requesting water service from the city for premises where water distribution facilities are not installed shall apply to the water department for permission to install the water distribution facilities. The application shall contain improvement plans for the proposed water distribution facilities that conform to the city improvement standards and construction specifications, and other requirements of the water department.

B. After the water department certifies in writing that the improvement plans submitted conform to the requirements specified in subsection A of this section, and the applicant has obtained an encroachment permit from the city for any work to be performed on city-owned property, the applicant may install the water distribution facilities. All costs associated with the installation of water distribution facilities shall be the responsibility of the applicant.

C. The water department shall inspect and approve all work before the water distribution facilities are connected to the city water system and/or are placed into service.

D. After the water department issues a notice of completion, all water distribution facilities on the street side of the water meter, and the water meter, shall automatically become the property of the city. (Ord. 2009-12 § 1 (part))

13.04.050 Service connection fee.

A service connection fee for connection to the city’s water system shall be established by resolution of the city council, and shall be paid at the time of application to install water distribution facilities, or prior to connection to the city water system for those premises where water distribution facilities are already installed. The service connection fee shall be in addition to any other fees or charges imposed by the city, including, but not limited to, development impact fees. (Ord. 2009-12 § 1 (part))

13.04.060 Rates.

Any rates, charges and fees authorized or imposed by this chapter shall be established by resolution of the city council, which may be amended from time to time. (Ord. 2009-12 § 1 (part))

13.04.070 Billing.

The charges, rates and fees imposed for city water service to a consumer by this chapter shall be billed monthly in a manner determined by the director, together with the charges for any other utility services rendered to a consumer by the city. (Ord. 2009-12 § 1 (part))

13.04.080 Lien.

Bills for water service shall be payable monthly. If a consumer is also the owner of the premises being supplied water service, all charges for water service that are not paid for in a timely manner may be assessed against the consumer and become and remain a lien on the consumer’s premises until such charges are paid.

In the alternative, pursuant to Section 5470 et seq. of the California Health and Safety Code, the city council may elect to have such delinquent charges collected on the tax roll in such manner and at the same time as its general taxes and shall give the notice, hold a hearing, prepare and file a report as to such delinquencies as required by the California Health and Safety Code. Such delinquent charges shall thereafter, pursuant to said code, constitute a lien against the premises against which the charges have been imposed. (Ord. 2009-12 § 1 (part))

13.04.090 Discontinuance of service.

Water service may be discontinued for the following reasons:

A. Nonpayment of Bills. A consumer’s water service shall be discontinued if the consumer’s bill is not paid within sixty (60) days of the due date.

Prior to the discontinuance of water service for nonpayment of the bill, the director shall cause a written notice to be mailed to the consumer, informing the consumer that water service will be discontinued for nonpayment of charges. The written notice shall inform the consumer of an opportunity for a hearing with the director to present objections to the outstanding bill and the deadline for requesting a hearing. The deadline for requesting a hearing shall be ten (10) days from the date of the written notice.

If a hearing is not timely requested, or if a hearing has been requested and the person requesting the hearing fails to appear for it, and a continuance has not been requested and approved by the director, the water department shall discontinue water service.

Not less than five days prior to the scheduled discontinuance of water service, a second notice shall be mailed postage prepaid to the consumer. Not less than seventy-two (72) hours prior to the scheduled discontinuance, a copy of the notice shall be posted on the premises where water service is to be discontinued. Not less than twenty-four (24) hours prior to the scheduled discontinuance of water service, a final notice shall be posted on the premises where water service is to be discontinued.

The director shall also have the authority to delay the date of water service discontinuance by up to fifteen (15) additional calendar days if the premises served is a dwelling and if a tenant of the premises requests such a delay.

B. Noncompliance with Regulations. If a consumer fails to comply with any of the regulations of this chapter, the water department has the right to discontinue water service after providing written notice of the violation and an opportunity for a hearing to the consumer in accordance with the procedures provided in this section. If a consumer corrects the violation within the time stated in the written notice, to the satisfaction of the water department, then water service will not be discontinued.

C. Consumers About to Vacate Premises. Each consumer about to vacate any premises receiving water service shall give thirty (30) days’ written notice of his or her intention to vacate the premises to the water department and specify the date for water service to be discontinued. Otherwise, the consumer will be held responsible for all water furnished to such premises until the city becomes aware that the consumer has vacated the premises and arranges for termination of water service. A consumer shall not receive water service at a new location until any outstanding bills for city water service at another location have been paid in full. (Ord. 2009-12 § 1 (part))

13.04.100 Account disputes.

Any consumer desiring to dispute a bill for water service or any portion thereof may request a hearing on the matter within ten (10) days of receiving the bill. Upon receipt of a request for hearing, a hearing shall be scheduled not later than ten (10) days from the date of the request. The hearing shall be conducted in an informal manner by the director, who is authorized to review disputed bills and to correct any errors. At the hearing, evidence may be presented and shall be considered in determining whether the correct amount has been charged for the service which has been rendered. At the conclusion of the hearing, the director shall make a decision based upon the evidence and shall have the authority to adjust the amount due in a fair and equitable manner, or permit the consumer to amortize the unpaid balance of his or her account over a reasonable period of time pursuant to an amortization agreement. The decision of the director shall be final, unless timely appealed to the city council in accordance with procedures provided in Chapter 2.44 of this code. (Ord. 2009-12 § 1 (part))

13.04.110 Reconnection of service.

In the event that water service to any premises is discontinued in accordance with this chapter, water service to that premises shall not be restored until the following amounts are paid: (A) any unpaid and past due bills, (B) a reconnection fee, in the amount established by resolution of the city council to cover the administrative costs of discontinuing and restoring water service to the premises, and (C) a deposit in the amount of two hundred dollars ($200.00). (Ord. 2009-12 § 1 (part))

13.04.120 Use after shutoff.

Whenever the water department has shutoff water service to any premises, it shall be unlawful for any person to turn on or restore water service to such premises, until water service is restored by the water department in the manner specified in Section 13.04.110. Failure to comply with this section shall result in the imposition of (A) a fine in the amount of one hundred dollars ($100.00) for a first violation; (B) a fine of two hundred dollars ($200.00) for a second violation within one year; (C) a fine of five hundred dollars ($500.00) for each additional violation within one year. (Ord. 2009-12 § 1 (part))

13.04.130 Cross connections.

It shall be unlawful for any consumer, without written consent of the city, to allow any person to attach a pipe or hose connection to the plumbing on his or her lot or parcel for the purpose of providing water to any other lot or parcel. A violation of this section shall result in the imposition of (A) a fine in the amount of one hundred dollars ($100.00) for a first violation; (B) a fine of two hundred dollars ($200.00) for a second violation within one year; (C) a fine of five hundred dollars ($500.00) for each additional violation within one year. (Ord. 2009-12 § 1 (part))

13.04.140 Water rates outside city limits.

A. The rates to be charged for water service furnished to premises outside the city shall be established by resolution of the city council.

B. No water service shall be furnished to premises outside the city without the express approval of the Yolo County local agency formation commission (LAFCO) and the city council. (Ord. 2009-12 § 1 (part))

13.04.150 Stand-by emergency service.

Where water service is maintained for emergency purposes only, the monthly charge shall be the minimum charge that is applicable to the type of premises. (Ord. 2009-12 § 1 (part))

13.04.160 Private fire protection.

Where water service is provided solely for private fire protection, the consumer shall be required to pay for the actual cost of installing necessary water distribution facilities. Such water services shall be used only for fire suppression. If any person shall use such water service for other than fire suppression purposes, the water department shall collect a fine in the amount of one hundred dollars ($100.00) for each unlawful use, plus the metered rate for the water used. A fine of two hundred dollars ($200.00) shall be charged for a second violation within one year and a fine of five hundred dollars ($500.00) shall be charged for each additional violation within one year. (Ord. 2009-12 § 1 (part))

13.04.170 Construction water.

Water for dust control, compaction and other construction purposes obtained from the city’s water supply shall be paid for at the metered rate, subject to a minimum charge. The metered rate and minimum charge shall be set by resolution of the city council. All such charges shall be paid in full prior to the issuance of a building permit for the applicable premises. The cost of placing and removing a temporary connection and meter shall be paid for by the party requesting water in advance of the delivery of water. (Ord. 2009-12 § 1 (part))

13.04.180 Leaky fixtures.

It shall be unlawful for any consumer to maintain or allow on his or her premises a leaky or faulty water pipe, connection, or device. The failure to repair or disconnect the faulty pipe, connection or device within ten (10) days after being notified in writing to do so by the water department shall be sufficient cause for the discontinuance of water service to the premises until such time as repairs have been made. (Ord. 2009-12 § 1 (part))

13.04.190 Wasteful use of water.

It shall be unlawful for any person to waste water. Any of the following acts or omissions shall constitute the waste of water:

A. Excessive application of water for irrigation.

B. Allowing an unrestricted flow of water from a tap, hose, faucet, pipe, sprinkler, or nozzle, beyond the amount of water reasonably necessary for the intended purpose, such as washing or cleaning.

C. Allowing any fixture, pipe or mechanical equipment to leak or discharge water.

D. Maintaining ponds, waterways, decorative basins or swimming pools without water recirculation devices or with leaks.

E. Discharging water from, overflowing or refilling swimming pools, decorative basins or ponds in excess of the frequency reasonably necessary to maintain the health, maintenance or structural considerations of the pool, basin or pond.

F. Application of water to an impervious surface, other than for cleaning, or incidentally applied during irrigation.

G. Irrigation of lawns or landscaping when it is raining. (Ord. 2009-12 § 1 (part))

13.04.200 Inspection.

It shall be unlawful for any person to interfere or attempt to interfere with the inspection by water department employees of any water fixture, pipe, connection or device to which city water is connected; provided, that before entering occupied dwellings or premises for the purpose of making an inspection, the consent of the occupant thereof shall be secured. If consent is not secured, the water department employee shall take steps to effect an inspection as provided by law. (Ord. 2009-12 § 1 (part))

13.04.210 Fire hydrants.

A. No person other than authorized employees of the water department or fire department or other persons duly authorized by the city manager shall open or operate any public fire hydrant or attach any hose, tubing or pipe thereto for any purpose without first obtaining a permit from the water department.

B. No person, whether authorized to open a public fire hydrant or not, shall leave a public fire hydrant open or leave the cap off the nozzle of a public fire hydrant after having ceased to use it. Any person that opens or operates a public fire hydrant, whether or not authorized as provided herein, shall indemnify and hold harmless the city, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising therefrom.

C. No person shall block or obstruct any public fire hydrant in such a manner that interferes with its operation, use, maintenance or repair. (Ord. 2009-12 § 1 (part))

13.04.220 Encroachment permit required for construction activities in city streets.

No person shall make any excavations, install any water pipes, gas pipes, sewer pipes, drain pipes or do any other construction in or upon city streets without first obtaining an encroachment permit therefor from the city building department and notifying the water department ten (10) days prior to such work. (Ord. 2009-12 § 1 (part))

13.04.230 Discontinuance of service—No liability.

Water service may be discontinued at any time without notice to consumers for repairs to water distribution facilities or for any other reason, and the city shall not be liable for any damage or costs resulting from such discontinuance. Where feasible, the water department shall provide reasonable notice to consumers for planned maintenance or repairs to the city’s water distribution facilities. The city does not guarantee, and shall not be liable for any failure in, continuity of water service or water pressure. (Ord. 2009-12 § 1 (part))

13.04.240 Purpose of water meter installation requirements.

A. The provisions of California Water Code Section 521 et seq. impose certain requirements for the installation and use of water meters. The city has enacted regulations requiring the installation of water meters, in part, to implement these state laws and further advance the water conservation goals of the city of Winters.

B. Water furnished or used without any method of determination of the quantities of water used by the person to whom the water is furnished has caused, and will continue to cause, waste and unreasonable use of water, and this waste and unreasonable use should be identified, isolated, and eliminated.

C. Water metering and volumetric pricing are among the most efficient conservation tools, providing information on how much water is being used and pricing to encourage conservation.

D. Without water meters, it is impossible for homeowners and businesses to know how much water they are using, thereby inhibiting conservation, punishing those who conserve, and rewarding those who waste water.

E. Existing law requires the installation of a water meter as a condition of water service provided pursuant to a connection installed on or after January 1, 1992, but the continuing widespread absence of water meters and the lack of volumetric pricing could result in the inefficient use of water for municipal and industrial uses. (Ord. 2009-12 § 1 (part))

13.04.250 Installation of water meters on water service connections made on or after January 1, 1992.

A. In accordance with the provisions of California Water Code Section 525, no new water service connection may be attached to the city water distribution system unless such connection is equipped with a water meter. As used in this section, “new water service connection” includes any existing water service connection that is used to provide water to buildings or residential units that were constructed on or after January 1, 1992. Fire service connections are exempt from the provisions of this chapter. The superintendent of the water department may adopt standards and requirements to implement the provisions of this section.

B. Prior to the installation of a water meter in accordance with the terms of this section, the consumer shall pay all applicable fees, which may be established from time to time by resolution of the city council, to recover the costs incurred by the city in providing, installing or supervising the installation of a water meter.

C. Water meters for water service connections made on or after January 1, 1992, shall be installed by the city or under the city’s supervision in accordance with all applicable city water and building codes, regulations, and standards, as such standards may be established from time to time.

D. A water meter for a water service connection made on or after January 1, 1992, shall not be installed by a party other than the city unless a water meter installation inspection has been completed prior to installation of the water meter.

E. No occupancy permit for any structure served by a water service connection made on or after January 1, 1992, shall be issued until meter installation is complete, inspected by the city, and deemed to be in compliance with all applicable city regulations and standards. (Ord. 2009-12 § 1 (part))

13.04.260 Installation of meter upon sale of property.

A. Upon the sale of any property receiving water service from the city through an unmetered water service connection, notice of such sale shall be given to the water department. Water service shall not be provided to the premises after the transfer of property ownership until meter installation is complete, inspected by the city, and deemed to be in compliance with all applicable city regulations and standards. Notwithstanding the above provision, the director is authorized to accept a cash security deposit to cover the estimated cost of meter installation, in lieu of meter installation, if in the best interests of the city, or upon a showing of good cause by the new property owner.

B. Water meters shall be installed by the city or under the city’s supervision in accordance with all applicable city water and building codes, regulations, and standards, as such standards may be established from time to time. A water meter shall not be installed by a party other than the city unless a water meter installation inspection has been completed prior to installation of the water meter. (Ord. 2009-12 § 1 (part))

13.04.270 Phased meter installation program.

A. The city shall install water meters on all existing unmetered water service connections through a phased meter installation program. The phased meter installation program shall be approved by resolution of the city council. Consumers shall pay such rates, fees and/or charges as may be established from time to time by resolution of the city council to fund, among other costs, the development and implementation of the phased meter installation program.

B. In accordance with California Water Code Section 521(g), a low-income reduction for water meter costs shall be offered to qualifying households to relieve any unreasonable burden placed on low-income families. Any household with a total income no greater than that specified by the U.S. Department of Housing and Urban Development as “very low income” may apply for a reduction in the water meter installation charge. An application for a reduced charge shall be filed with the director. The amount of the installation charge reduction shall be established by resolution of the city council. (Ord. 2009-12 § 1 (part))

13.04.280 Reading meters.

The consumer receiving water service shall keep water meters unobstructed and accessible for reading, maintenance and repair, and shall provide city employees and/or its contractors access to the premises where the consumer receives water service as may be required by the city for such purposes. Compliance with this section shall be a condition of receiving or continuing to receive water service. (Ord. 2009-12 § 1 (part))

13.04.290 Testing meters.

A. Any consumer may request in writing that the meter through which water is being furnished be examined and tested by the city to determine whether the meter is registering accurately the amount of water that is being delivered through it. Upon receipt of such request, the city shall examine and test the meter. If the meter is found to register over or under three percent more or less water than actually passes through it, the consumer’s water bill will be adjusted accordingly. If the meter is found to register a variance of three percent or less, no billing adjustment will be made. Meter testing will be performed at a consumer’s request, at no charge to the consumer, not more than once every twelve (12) months.

B. If a consumer requests more frequent testing, the consumer’s request shall be accompanied by a deposit of an amount established by resolution of the city council, to recover testing and inspection costs incurred by the city. Upon receipt of such request, the city shall examine and test the meter. If the meter is found to register over or under three percent more or less water than actually passes through it, the consumer’s water bill will be adjusted accordingly and the deposit shall be returned, without interest. If the meter is found to register a variance of three percent or less, no billing adjustment will be made and the deposit shall be used by the city to pay its inspection and testing costs. (Ord. 2009-12 § 1 (part))

13.04.300 Water meter use—Indemnity.

No person other than authorized employees of the city or other persons duly authorized by the city shall install, maintain, repair, move, replace, adjust, tamper with, manipulate, damage, disconnect or remove any water meter. Any person or entity performing any of the foregoing actions without the authorization of the city shall pay the city’s costs of investigating and repairing any resulting damage and/or replacing any removed item(s), and shall indemnify and hold harmless the city, its officers and employees from any claims, actions, costs (including attorney fees), damages or other liability resulting or arising from such damage or unauthorized removal. (Ord. 2009-12 § 1 (part))