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FROM: Carrie Mattingly, Utilities Director
Prepared By: Wade Horton, Water Division Manager
Ron Munds, Utilities Services Manager
SUBJECT: UPDATE TO CHAPTER 13.04 WATER SERVICE OF THE CITY’S MUNICIPAL
CODE
RECOMMENDATION
Introduce an Ordinance, by title only, amending Chapter 13.04 Water Service Regulations of the
Municipal Code
DISCUSSION
Background
Chapter 13.04 of the City’s Municipal Code specifies connection and maintenance requirements for
water and fire service within the City limits. The last comprehensive review took place in the
1980’s when the Utilities Department was still a division under Public Works. Although minor
changes were incorporated in 2002, this revision incorporates current operating practices, water
industry standards, and codifies Water and Wastewater Management Element policies, revised in
2010. A secondary goal is to realign sections that have related subject matter.
Substantive revisions are summarized below in the order they appear in Attachment 1 (Legislative
Draft). Other recommended amendments which are not discussed in this report include minor
revisions and updates, as well as general clarifications.
Notable Changes in Proposed Ordinance
New Code Additions
Sole water purveyor (13.04.030)
This was a policy in the Water and Wastewater Management Element but at the time of the 2010
revision was deleted with the intention of moving it to the Municipal Code. This requirement is
common practice amongst water purveyors to ensure a safe and reliable water supply.
Illegal consumption (13.04.070)
With the large rental property inventory in the City, it not uncommon for the water service to be
turned on illegally and water used between tenants (customers) for cleaning and/or other purposes.
Currently, illegal water use between customers is charged to the new customer when they sign up
for service. Presently, there is no legal means in the code to deter this type of illegal use of water
which means staff is unable to fairly address the issues that arise when a new customer signs up for
Meeting Date
Item Number March 18, 2014
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Chapter 13.04 Water Service Page 2
service and is charged for water they did not use. Adding this provision to the code will provide the
mechanism needed to deal with and correct the problem.
Delinquencies and penalties (13.04.110)
Though the current code specifies when a bill is considered delinquent, it does not specifically state
that a penalty or late fee can be applied. The current practice and industry standard is to apply a late
fee when a bill is considered delinquent as described in the code.
Mastered metered properties (13.04.170 (B))
The addition of this provision would require properties such as mobile home parks, commercial
properties or large apartment complexes to notify the City in advance when there is a planned
interruption to water service (from the customer side of the meter) to the property. The purpose of
this requirement is to ensure the City can provide clear communication to the residents or tenants
when the water service is disrupted.
Privately owned wells (13.04.240)
This was a policy in the Water and Wastewater Management Element but at the time of the revision
was deleted with the intention of moving it to the Municipal Code. This provision would not allow
water services lines to cross parcel boundaries, consistent with State water rights law.
Clarifications
Separate parcels will be supplied by individual service connections (13.04.120 (A))
This was a policy in the Water and Wastewater Management Element (deleted as part of the 2010
update) and is referenced in the current Municipal Code. The current code language was revised to
clearly state the requirement for properties to have individual water service and that water service
lines cannot cross parcel boundaries.
Customer is responsible for maintaining plumbing connection on the customer side of the meter
(13.04.150 (D)
Though the current code states that the customer is responsible for the equipment to receive water,
adding this specific provision referencing the meter connection will clarify that this connection to
the water system is the customer’s responsibility, removing any doubt or ability to interpret the code
differently as it is currently written.
Ownership of the fire Service (13.04.220 (D)
Similar to the previous clarification, adding specific language clearly describing the customer’s
responsibility for the fire service line will remove any doubt or the ability to interpret the code
differently than it is currently written.
Deletions
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Chapter 13.04 Water Service Page 3
Computation of bimonthly billings (current 13.04.160)
The City no longer bills bimonthly which makes this section obsolete.
Temporary service – Regulations (current 13.04.240)
The section is a remnant of when City staff installed all new water services and there were periods
of time when a temporary connection to the water system was made until staff could install the
permanent service. New services are now installed by the developer therefore this section is
obsolete.
Temporary services – Rates
Since it is proposed to delete the regulations for temporary services, there is no need for this section.
CONCURRENCES
The Public Works, Finance, Fire and Community Development Departments have reviewed and
provided input into the changes reflected in draft ordinance and concurs with the recommendations
made in this report.
FISCAL IMPACT
There is no fiscal impact to the City associated with the approval of the recommended Municipal
Code revisions to Chapter 13.04 Water Service.
ALTERNATIVES
Do not introduce the draft ordinance. The Council could decide to not introduce the updated
ordinance at this time and provide direction to staff to make any necessary modifications.
ATTACHMENTS
1. Legislative draft of Chapter 13.04 of the City’s Municipal Code
2. Draft Ordinance
T:\Council Agenda Reports\2014\2014-03-18\Water & Sewer Muni Code (Mattingly-Munds-Floyd)
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Chapter 13.04
WATER SERVICE
13.04.010 Definitions.
13.04.020 Statement of policy.13.04.030 Sole Water Purveyor.
13.04.040 Limit of City’s responsibility to furnish water outside of the City.
13.04.050 Initiation of water service.
13.04.060 Discontinuation of water service.
13.04.070 Illegal Consumption.
13.04.080 Bills – Payment.
13.04.090 Rates for service.
13.04.100 Charges for new water service.
13.04.110 Delinquncies and Penalties.
13.04.120 Water Service.
13.04.130 Water meters.
13.04.140 Installation of control valves required.
13.04.150 Responsibility for equipment.
13.04.160 Customers’ duty to protect against danger of cross-connections.
13.04.170 Interruptions in service.
13.04.180 Main extensions other than subdivisions.
13.04.190 Utilities department ingress and egress rights.
13.04.200 Fire hydrants.
13.04.210 Water service for fire protection.
13.04.220 Private fire protection service connections – Charges – Ownership.
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13.04.230 Private fire protection service – Monthly rates.
13.04.240 Privately owned water wells.
13.04.250 Violations deemed misdemeanor.
13.04.010 Definitions.
As used in this chapter, the following terms shall have the meaning specified after each
term:
A. “Adequate transmission system” means a water main system is capable of supplying
simultaneously, at a specific site under consideration, the required fire flow and the
maximum daily rate of consumption.
B. ”Applicant” means the person or entity who applies for a new water account with the
City of San Luis Obispo.
C. “Cross-connection” means any physical connection between the piping system from
the city service and that of any other water supply that is not, or cannot, be approved as
safe and potable for human consumption, whereby water from the unapproved source
may be forced or drawn into the city distribution main.D. “Curbstop” means the City-
owned valve attached to the water meter which can turn water on or off to a parcel.
E. “Customer” means the person or entity under whose name a water account is created
and who is ultimately responsible for payment of all charges incurred on the account.
F. “Date of Presentation” means the billing date as referenced on the billing statement.
G. “Distribution mains” are water lines in streets, alleys, and rights-of-way used for
general distribution of water from which service is available to a parcel.H. “Maximum
daily rate of consumption” means the average rate of flow, as estimated by the utilities
engineer/superintendent from actual city records, which is consumed during a twenty-
four-hour period at maximum use.
I. “Parcel” means a tract of land including improvements, to which water service is or
will be provided.
J. “Parcel valve” means a valve on the parcel’s side of the water meter which turns water
on or off to a parcel. The valve is the parcel owner’s responsibility to maintain in
working order.
K. “Private fire protection service” means water service for sprinkler systems, hydrants,
hose reels and other facilities used specifically for fire protection on a parcel. L. “Private
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pumping equipment” means any equipment attached to a water service and installed on a
parcel for the purpose of increasing water pressure to that parcel. M. “Private service
line” means the water line that connects the City’s water meter to the point of entry to
a parcel’s dwelling(s) and/or irrigation system(s).
N. “Regular water service” means water service rendered for normal domestic,
commercial, industrial, and irrigation purposes on a permanent basis and for which the
City’s general rates and regulations are applicable.
O. “Reliable water distribution system” means a system of public water mains capable of
supplying a sufficient quantity of water to satisfy simultaneously the maximum daily rate
of consumption and the required fire flow for a given site.
P. “Required fire flow” means the rate of flow required by the Fire Chief pursuant to the
the authority of Appendix B of the California Fire Code and determined in conformance
with the latest edition of the Guide for Determination of Required Fire Flow as published
by the Insurance Services Offices, or any subsequent recognized standard adopted by
resolution of the City Council.
Q. “Service connection” means the point of connection where the City’s water meter
meets the parcel’s private service line.
R. “Service(s)” means the pipeline and appurtenant facilities such as the curbstop, meter
and meterbox, all used to extend water service from the distribution main to the curbline.
Where services are divided at the curb or parcel line each such branch service shall be
termed a separate service.
S. “Utilities” means the Utilities Department of the City of San Luis Obispo and its duly
authorized representatives. (Ord. 1428 § 2 (part), 2002: prior code § 7410.1)
13.04.020 Statement of policy.
The City will furnish water service in accordance with the regulations contained in this
chapter and in accordance with other applicable ordinances to any parcel within the
corporate limits and to such areas outside the city limits as the City C ouncil may
designate.
In all such cases water shall be supplied only through water meters
installed as set forth in this chapter and in each case the customer shall be
charged directly for all water passing through the meter.
13.04.030 Sole Water Purveyor
The City shall be the sole water purveyor within the city limits.13.04.040
Limit of City’s responsibility to furnish water outside of the City.
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Nothing contained in this chapter shall be construed as a contract on the part of the City
to furnish water for any definite period or as a public utility in respect to any water
furnished outside the City. (Ord. 1428 § 2 (part), 2002: prior code § 7410.3)
13.04.050 Initiation of water service.
A. Each applicant initiating water service shall be required to provide information
according to the procedures established by the Director of Finance and Information
Technology and to pay a new account setup fee established by resolution of the City
Council..
B. All applicants for water service may be required to deposit an amount established from
time to time by resolution of the City Council prior to initiation or restoration of water
service. (Ord. 1428 § 2 (part), 2002: Ord. 1204 §§ 1, 2, 1992: prior code § 7410.2)
C. An application for service may not be honored unless payment in full has been made
for water service previously rendered to the applicant by the City. (Ord. 1428 § 2 (part),
2002: prior code § 7410.4)
D. Applications for water service to parcels for which a service connection has already
been installed may be made as set forth in this chapter. Such application will signify the
applicant’s willingness and intention to comply with these regulations and to all
modifications thereof, and to new regulations or rates duly adopted, and to make payment
for water service rendered.
E. If application is made for service to a parcel where no water service connection has
been installed, but a distribution main is adjacent to the parcel, the applicant, in addition
to making application for service, shall comply with the regulations governing the
installation of water services and pay all applicable fees.
13.04.060 Discontinuation of water service.
Each customer discontinuing water service shall be required to provide information
according to the procedures established by the Director of Finance and Information
Technology.
A. Nonpayment of Bills.
1. A customer’s water service may be discontinued if a bill is not paid on or before thirty
days from the date of presentation. “Date of presentation” shall be the billing date as
referenced on the billing statement.
2. A customer’s unpaid balance for water service previously rendered by the City may be
transferred to that same customer’s current water service and water service may be
discontinued if water service furnished at a previous location is not paid on or before
thirty days from the date of presentation.
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3. If a customer receives water service at more than one location, and the bill for service
at any one location is not paid on or before thirty days from the date of presentation,
water services at all locations may be discontinued.
B. Unsafe Apparatus. The Utilities Department may discontinue service to any parcels
where apparatus, appliances, or equipment using water is dangerous, unsafe, causing
damage or not in conformity with any laws or ordinances.
C. Service Detrimental to Others. The Utilities Department may discontinue service to
any parcels where the demand may be detrimental or injurious to the service furnished to
other customers.
D. Fraud and Abuse. The Utilities Department shall have the right to refuse or to
discontinue water service to any parcels to protect itself against fraud or abuse.
E. Noncompliance. The Utilities Department may, unless otherwise provided, discontinue
water services to a customer for noncompliance with any of these regulations if the
customer fails to comply with them within five days after the date of presentation of
written notice of the Utility Department’s intention to discontinue service. If such
noncompliance affects matters of health and safety, and conditions warrant, the Utilities
Department may discontinue water service immediately.
F. Customer’s Request for Service Discontinuance. A customer may have his or her
water service discontinued by notifying the Finance Department reasonably well in
advance of the desired date of discontinuance. He or she will be required to pay all water
charges until the date of such discontinuance.
G. Restoration – Reconnection Charges. The Finance Department may charge such
amount as may be established from time to time by resolution of the City Council for
restoring water service which has been discontinued because of noncompliance with
these rules. (Prior code § 7410.17)
13.04.070 Illegal Consumption.
When a meter shows consumption of water after service has been officially
discontinued, the owner of the parcel served will be held responsible for
payment for the water consumption. In addition, the property owner will
pay the City a new account setup fee for the water illegally consumed after
service was previously discontinued. Water shall not be turned on again
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for a service connection until the illegal consumption has been fully paid
for.13.04.080 Bills – Payment.
A. Rendering of Bills.
1. Meter Readings. Meters will be read at regular intervals as established by the City
Council for the preparation of regular bills, and as required for the preparation of opening
bills, closing bills and special bills.
2. Billing Frequency. There will be twelve regular billings per year or as authorized by
the City Council.
B. Payment of Bills.
1. Periodic bills are due and payable on presentation. Payment may be made at the City
Finance Department or to an authorized collector.
2. Closing bills, if service is to be discontinued, are due and payable on presentation.
Collection will be made at the time of presentation.
3. Water bills shall be payable on the date of presentation and shall become delinquent
thirty days from the date of presentation.
4. When bills are delinquent, the Utilities Department may demand that the full amount
of both delinquent and current bills be paid.
C. Billing of Separate Meters Not Combined. Each meter on a parcel will be considered
separately and the readings of two or more meters will not be combined unless
specifically provided for in the rate schedule, or unless the Utilities Department’s
operating convenience requires the use of more than one meter.
13.04.090 Rates for service.
The rates to be charged and collected by the Utilities Department for all billings for
regular service shall be established from time to time by resolution of the City Council.
(Prior code § 7410.14)
13.04.100 Charges for new water service.A. Charges for new water service shall be
established by a resolution duly adopted by the City Council and may be revised by
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resolution at any time. A copy of a current resolution shall be maintained in the office of
the City Clerk for public inspection.
B. All charges for new services are payable upon presentation of the first bill.
C. Service and billing for both water and sewer service commence on the date the meter
is installed.
D. Applicants for new water service will be charged for the appropriate meter,
plumbing/appurtenances and installation.
E. Applicants for new water service will be charged any applicable impact fees according
to Municipal Code Chapter 4.20.
13.04.110 Delinquencies and Penalties.
For failure to pay for water service by the provisions of this chapter prior to the
delinquency date, the director of Finance may add a penalty. The amount of the penalty
shall be set by resolution of the City Council.
13.04.120 Water Service.
A. Separate parcels will be supplied through individual service connections and private
service lines shall not cross parcel boundaries unless authorized by the Utilities
Department.
B. Water services will be installed in size and at the location desired by the applicant
where such requests are reasonable. Service installations will be made only to property
abutting on public streets or to such distribution mains as may be constructed in
easements or rights-of-way as determined by the Utilities Department. Services installed
in new subdivisions prior to the construction of streets or in advance of street
improvements, must be accepted by the applicant in the installed location. (Ord. 1428 § 2
(part), 2002: prior code § 7410.6)
C. Service to Multiple Units. Separate houses, buildings, living or business quarters on
the same parcel shall be served according to the policies and procedures established by
the Utilities Department. Any exception to the policies and procedures shall be at the
discretion of the Utilities Director.
D. The applicant shall be responsible for payment of charges for all water furnished to
combined units, supplied through a single service connection. (Ord. 1428 § 2 (part),
2002: prior code § 7410.11)
13.04.130 Water meters.
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A. All meters installed shall be located only in and upon streets, easements or rights-of-
way that have been formally dedicated and accepted for public use and shall be owned by
the City.
B. Changes in Size of Meter.
1. The cost to change the size of a meter on existing services will be at the parcel owner
or customer’s expense.
2. A request for a change in size of meter will require approval of the Utilities Director.
Upon approval, the parcel owner or customer will be responsible for obtaining all
necessary permits (plumbing, encroachment, etc.) and payment of any applicable
expenses and fees.
3. Parcels with flow rates having an average rate that exceeds the meter manufacturer’s
maximum rated operating flow or other reliable benchmark as determined by the Utilities
Department shall be required to upsize the meter at parcel owner or customer’s expense,
including payment of any applicable expenses and fees.
C. Change in Location of Meters. Meters moved for the convenience of the parcel owner
or customer shall be approved by the Utilities Department and will be relocated at
the parcel owner or customer’s expense.
D. Meter errors.
1. Meter Test.
a. On a parcel owner or customer request:
i. A parcel owner or customer may, giving not less than one week’s notice, request the
Utilities Department to test the meter serving a parcel.
ii. To cover the reasonable cost of a meter test, the Utilities Department may require
the parcel owner or customer to deposit such amount as may be established from time to
time by resolution of the City C ouncil.
iii. This deposit will be returned if the meter is found to register more than two percent
fast. The parcel owner or customer will be notified, not less than five days in advance of
the time and place of the test.
iv. A written report giving the results of the test will be shown to the parcel owner or
customer within ten days after completion of the test.
e.
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2. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be
registering more than two percent fast, under conditions of normal operations, the
Utilities Department will refund to the customer the full amount of the over-charge, based
on corrected meter readings for the period, not exceeding one year, that the meter was in
use.
3. Non-registering Meters. The Utilities Department may bill the customer for water
consumed while the meter was not registering. The bill will be computed upon an
estimate of consumption based either upon the customer’s prior use during the same
season of the year or upon a reasonable comparison with the use of other customers
receiving the same class of service during the same period and under similar
circumstances and conditions. (Prior code § 7410.16)
4. Retirement or Removal of Meter. The cost of retiring or removing a meter service for
the convenience of the parcel owner will be at the parcel owner’s expense.
13.04.140 Installation of control valves required.
A. The parcel owner shall install a suitable valve, as close to the meter location as
practicable, the operation of which will control the entire water supply from service.
B. The operation by the customer or parcel owner of the curbstop in the meterbox is not
permitted. (Prior code § 7410.19)
13.04.150
A. Parcel Equipment. The parcel owner or customer shall, at his or her 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 water
equipment, or the negligence, want of proper care or wrongful act of the parcel owner or
customer or of any of his or her tenants, agents, employees, contractors, licensees or
permittees in installing, maintaining, using, operating or interfering with such equipment.
The City shall not be responsible for damage to property caused by spigots, faucets,
valves and other equipment that are open when water is turned on at the meter, either
when the water is turned on originally, or when turned on after a temporary shutdown.
B. City Property. The parcel owner or customer shall be liable for any damage to a meter,
curbstop, water meter box or other equipment or property owned by the City which is
caused by an act of the parcel owner or customer or his or her tenants, agents, employees,
contractors, licensees or permittees, including the breaking or destruction of locks by
the parcel owner or customer or others on or near a meter. The city shall be reimbursed
by the parcel owner or customer for any damage promptly on presentation of a bill.
C. Private Pumping Equipment. The Utilities Department must approve the installation
and operation of all private pumping equipment before city water service will be
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provided. Any pumping facility that does not incorporate an automatic shutoff control
that will positively prevent motor burnout during periods of low or negative pressure will
not be approved.
This section shall not be construed to excuse the obtaining of appropriate City Council,
and other, approvals necessary to permit (1) City water service, and (2) installation and
operation of private pumping equipment. (Prior code § 7410.18)
D. Parcel owner or customer is responsible for maintaining plumbing connection on
the parcel side of the meter. Parcel owner or customer equipment must be able to
withstand meter change-outs and shutoffs. Parcel owner or customer shall repair their
equipment if determined necessary by the City.
E. Parcel owner or customer is responsible for maintaining acceptable access to the water
meter as determined by the City. At a minimum a two-foot (2-foot) clearance must be
provided around meter.
F. No additions can be made in the meter box other than primary City water service.
G. 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 Utilities Department will hold
the parcel owner or customer liable for any damage to its property occasioned by such
ground wire attachments.
H. The Utilities Department does not assume liability for inspecting apparatus on the
parcel owner or customer’s property. The Utilities Department does reserve the right of
inspection, however, if there is reason to believe that unsafe apparatus is in use.
13.04.160 Parcel owner’s duty to protect against danger of cross-
connections.
The parcel owner must comply with state, county and federal laws governing the
separation of dual water systems or installation of backflow protection devices to protect
the public water supply from the danger of cross-connections. (Prior code
§ 7410.20)13.04.170 Interruptions in service.
A. The City shall not be liable for damage which may result from an interruption in
service. Temporary shutdowns may be made by the Utilities Department to make
improvements and repairs. Whenever possible and as time permits, all customers affected
will be notified prior to making such shutdowns. (Prior code § 7410.21)
B. Master metered properties such as mobile home parks and large apartment complexes
must notify the Utilities Department and Police Department a minimum of 24 hours prior
to any planned interruptions in water service for repairs, maintenance or other reason.
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13.04.180 Main extensions other than subdivisions.
A. Water mains may be extended by developers or other interested parties that would
benefit by their extension, at their cost, provided the improvements are designed to
current City standards and policies and are approved by both the Public Works and
Utilities Directors.
B. The owner or developer who installs improvements which abut property other than
that being developed or in a greater size or capacity than that required for the
development of the property under consideration may be reimbursed as provided in
Section 16.20.110 of this code. (Ord. 1501 § 4, 2007)
C. Where an extension of the distribution main is necessary or a substantial investment is
required to furnish service, the applicant will be informed by the Utilities Department as
to whether or not the service can be extended under these regulations as set forth in this
chapter. (Ord. 1428 § 2 (part), 2002: prior code § 7410)
13.04.190 Utilities Department ingress and egress rights.
Representatives from the Utilities Department shall have the right of ingress to a parcel at
reasonable hours for any purpose reasonably connected with the furnishing of water
service. (Prior code § 7410.22)
13.04.200 Fire hydrants
A. Use of and Damage to Fire Hydrants. No person, other than those designated and
authorized by the proper authority, or by the Utilities Department, shall open any fire
hydrant, attempt to draw water from it or in any manner damage or tamper with it. Any
violation of this regulation will be prosecuted according to law.
B. Moving of Fire Hydrants. When a fire hydrant has been installed in the location
specified by the proper authority, the Utilities Department has fulfilled its obligation. If a
property owner or other party desires a change in the size, type or location of the hydrant,
he or she shall bear all costs of such changes, without refund. Any change in the location
of a fire hydrant must be approved by the proper authority. (Prior code § 7410.25)
13.04.210 Water service for fire protection.
A. Fire
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1. For all projects for which the installation of one or more city standard fire hydrants are
required by the Fire Chief pursuant to the authority of California Fire Code Section
507.5.1, such hydrant or hydrants shall be incorporated into a reliable water distribution
system which is directly connected to an adequate transmission system.
2. Each city standard fire hydrant required shall be operative and accepted by the Utilities
Department prior to the commencement of combustible construction on the project.
3. Upon acceptance by the City of any city standard fire hydrant constructed by the City
or by City administered contract awarded in compliance with applicable bidding
requirements, the Utilities Department shall determine the total extent of the properties
benefited by the hydrant installation and shall assign to each parcel or portion of parcel
benefited a share of the total cost of the hydrant installation. Such assigned shares shall
be approved by the City Council.
4. The extent of the properties benefited shall be determined in accordance with the
recommendations of the latest edition of the Fire Protection Handbook, published by the
National Fire Protection Association, or any subsequent recognized standard adopted by
resolution of the City Council.
5. As a condition to the issuance of a building permit for construction upon a parcel or
portion of a parcel to which has been assigned a share of the cost of a city standard fire
hydrant, the permittee shall reimburse to the City, or to the party originally funding the
hydrant construction, the total assigned share. Such reimbursement obligation shall exist
for a period of fifteen years after City acceptance of the fire hydrant.
B. Water Main Improvements for Fire Protection.
1. Upon acceptance by the City of water mains installed to provide a reliable water
system in accordance with subsection A1 of this section, and if such mains have been
constructed by the City or City administered contract awarded in compliance with
applicable bidding requirements, the Utilities Department shall determine the total extent
of the properties benefited for fire protection by the water main installation and shall
assign to each parcel or portion of parcel benefited, a share of the total cost of the
installation. Such assigned shares shall be approved by the City Council.
2. The extent of the properties benefited shall be determined in accordance with the
recommendations of the latest edition of the Fire Protection Handbook, published by the
National Fire Protection Association, or any subsequent recognized standard adopted by
resolution of the City Council.
3. As a condition of the issuance of a building permit for construction upon a parcel or
portion of a parcel to which has been assigned a share of the water main cost, the
permittee shall reimburse to the City, or to the party originally funding the water main
construction, the total assigned share. Such reimbursement obligation shall exist for a
period of fifteen years after Citacceptance of the water main. (Prior code § 7410.26)
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13.04.220 Private fire protection service connections – Charges -
Ownership
A. Purpose. A private fire protection service connection in three- to ten-inch size will be
furnished only if adequate provision is made to prevent the use of water from such
services for purposes other than fire extinguishing.
B. Quantitative Charges.
1. Water for Fires. No charge will be made for water used to extinguish accidental fires.
2. 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 Utilities Department in advance and an approved means of
measurement is available. The rates for general use will be applied.
C. Violation of Agreement. If water is used from a fire service in violation of the
agreement or of these regulations, the Utilities Department may, at its option, discontinue
and remove the service.
D. Ownership of Fire Service.
All appurtenant equipment from the shut-off valve closest to the water main, including
connections, pumps, tanks, chlorinators installed at any point in the line to the parcel
water outlets shall be the sole responsibility of the parcel owner, both as to the original
installation and as to the maintenance and upkeep. Such installations must be approved
by the Utilities Department. (Prior code § 7410.27)
E. Pressure and Supply. The Utilities Department assumes no responsibility for loss or
damage because of lack of water or pressure and agrees only to furnish such quantities
and pressures as are available in its general distribution system.
13.04.230 Private fire protection service—Monthly rates.
The monthly rates for private fire protection service shall be established from time to
time by resolution of the City Council. (Prior code § 7410.28)
13.04.240 Privately owned water wells.
PH1 - 16
Appropriate use of privately-owned wells is allowed on individual parcels.
The use of the water from a well shall only be utilized on the parcel on
which it is situated.13.04.250 Violations deemed misdemeanor.
Other than authorized water distribution staff, any person who operates or attempts to
open or close any water system valve shall be guilty of a misdemeanor, and shall also be
held liable for any damage that may result. (Ord. 1484 § 11, 2005: prior code § 7410.29)
PH1 - 17
O _____
ORDINANCE NO. (2014 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 13.04
WATER SERVICES OF THE CITY OF SAN LUIS OBISPO’S MUNICIPAL CODE
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on October 4,
2011, for the purpose of considering changes proposed to update the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That section 13.04.010 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
As used in this chapter, the following terms shall have the meanings specified:
A. “Adequate transmission system” means a water transmission system that is capable of
supplying simultaneously, at a specific site under consideration, the Required fire flow
and the maximum daily rate of consumption.
B. “Applicant” means the person or entity who applies for a new water account with the
City of San Luis Obispo.
C. “Cross-connection” means any physical connection between the piping system from the
City service and that of any other water supply that is not, or cannot, be approved as safe
and potable for human consumption, whereby water from the unapproved source may be
forced or drawn into the City distribution main.
D. “Curbstop” means the City-owned valve attached to the water meter which can turn water
on or off to a Parcel.
E. “Customer” means the person or entity under whose name a water account is created and
who is ultimately responsible for payment of all charges incurred on the account.
F. “Date of Presentation” means the billing date as referenced on the billing statement.
G. “Distribution main” means a water line in a street, alley, or right-of-way used for general
distribution of water and from which water service is available to a Parcel.
H. “Maximum daily rate of consumption” means the average rate of flow, as estimated by
the Utilities Department from actual City records, which is consumed during a twenty-
four-hour period at maximum use.
I. “Parcel” means a tract of land including improvements, to which water service is or will
be provided.
J. “Parcel valve” means a valve on the Parcel side of the water meter which turns water on
or off to a Parcel. The valve is the Parcel owner’s responsibility to maintain in working
order.
K. “Private fire protection service” means water service for sprinkler systems, hydrants,
hose reels and other facilities used specifically for fire protection on a Parcel.
L. “Private pumping equipment” means any equipment attached to a water service and
installed on private property for the purpose of increasing water pressure to that Parcel.
PH1 - 18
Ordinance No. ----- (2014 Series) Page 2
M. “Private service line” means the water line that connects the City’s water meter to the
point of entry to a Parcel’s dwelling(s) and/or irrigation system(s0.
N. “Regular water service” means water service rendered for normal domestic, commercial,
industrial, and irrigation purposes on a permanent basis and for which the City’s general
rates and regulations are applicable.
O. “Reliable water distribution system” means a system of public water mains capable of
supplying a sufficient quantity of water to satisfy simultaneously the maximum daily rate
of consumption and the Required fire flow for a given site.
P. “Required fire flow” means the rate of flow required by the Fire Chief pursuant to the
authority of Appendix B of the California Fire Code and determined in conformance with
the latest edition of the Guide for Determination of Required fire flow as published by the
Insurance Services Offices, or any subsequent recognized standard adopted by resolution
of the City Council.
Q. “Service connection” means the point of connection where the City’s water meter meets
the Parcel’s Private service line.
R. “Services” means the service pipeline and appurtenant facilities such as the Curbstop,
water meter and meter box, all used to extend water service from the distribution main to
the curbline. Where Services are divided at the curb or Parcel line each such branch
service shall be termed a separate service.
S. “Utilities” means the Utilities Department of the City of San Luis Obispo and its duly
authorized representatives. (Ord. 1428 § 2 (part), 2002: prior code § 7410.1)
SECTION 2. That section 13.04.020 (Statement of policy) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
The City will furnish water service in accordance with the regulations contained in this chapter
and in accordance with other applicable ordinances to any Parcel within the corporate limits and
to such areas outside the City limits as City Council may designate.
In all such cases water shall be supplied only through water meters installed as set forth in this
chapter and in each case the Customer shall be charged directly for all water passing through the
meter.
SECTION 3. That section 13.04.030 (Sole Water Purveyor) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
The City shall be the sole water purveyor within the City limits.
SECTION 4. That section 13.04.040 (Limit of City’s responsibility to furnish waster
outside of the City) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
Nothing contained in this chapter shall be construed as a contract on the part of the City to
furnish water for any definite period or as a public utility with respect to any water furnished
outside the City. (Ord. 1428 § 2 (part), 2002: prior code § 7410.3)
PH1 - 19
Ordinance No. ----- (2014 Series) Page 3
SECTION 5. That section 13.04.050 (Initiation of water service) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
A. Each Applicant initiating water service shall be required to provide information according to
the procedures established by the Director of Finance and Information Technology and to pay a
new account setup fee established by resolution of the City Council.
B. All Applicants for water service may be required to deposit an amount established from time
to time by resolution of the City Council prior to initiation or restoration of water service. (Ord.
1428 § 2 (part), 2002: Ord. 1204 §§ 1, 2, 1992: prior code § 7410.2)
C. An application for water service may not be honored unless payment in full has been made for
water service previously rendered to the Applicant by the City. (Ord. 1428 § 2 (part), 2002: prior
code § 7410.4)
D. Applications for water service to Parcels for which a Service connection has already been
installed may be made as set forth in this chapter. Such application will signify the Applicant’s
willingness and intention to comply with these regulations and to all modifications thereof, and
to new regulations or rates duly adopted, and to make payment for water service rendered.
E. If application is made for service to a Parcel where no water Service connection has been
installed, but a distribution main is adjacent to the Parcel, the Applicant, in addition to making
application for service, shall comply with the regulations governing the installation of water
Services and pay all applicable fees.
SECTION 6. That section 13.04.060 (Discontinuation of water service) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
Each Customer discontinuing water service shall be required to provide information according to
the procedures established by the Director of Finance and Information Technology.
A. Nonpayment of Bills.
1. A Customer’s water service may be discontinued if a bill is not paid on or before thirty days
from the Date of Presentation. “Date of Presentation” shall be the billing date as referenced on
the billing statement..
2. A Customer’s unpaid balance for water service previously rendered by the City may be
transferred to that same Customer’s current water service and water service may be discontinued
if water service furnished at a previous location is not paid on or before thirty days from the Date
of Presentation.
3. If a Customer receives water service at more than one location, and the bill for service at any
one location is not paid on or before thirty days from the Date of Presentation, water Services at
all locations may be discontinued.
PH1 - 20
Ordinance No. ----- (2014 Series) Page 4
B. Unsafe Apparatus. The Utilities Department may discontinue service to any Parcels where
apparatus, appliances, or equipment using water is dangerous, unsafe, causing damage or not in
conformity with any laws or ordinances.
C. Service Detrimental to Others. The Utilities Department may discontinue service to any
Parcels where the demand may be detrimental or injurious to the service furnished to other
Customers.
D. Fraud and Abuse. The Utilities Department shall have the right to refuse or to discontinue
water service to any Parcels to protect itself against fraud or abuse.
E. Noncompliance. The Utilities Department may, unless otherwise provided, discontinue water
Services to a Customer for noncompliance with any of these regulations if the Customer fails to
comply with them within five days after the Date of Presentation of written notice of the Utilities
Department’s intention to discontinue service. If such noncompliance affects matters of health
and safety and/or is causing property damage, and conditions warrant, the Utilities Department
may discontinue water service immediately.
F. Customer’s Request for Service Discontinuance. A Customer may have his or her water
service discontinued by notifying the Finance Department reasonably well in advance of the
desired date of discontinuance. He or she will be required to pay all water charges until the date
of such discontinuance.
G. Restoration – Reconnection Charges. The Finance Department may charge such amount as
may be established from time to time by resolution of the City Council for restoring water
service which has been discontinued because of noncompliance with these rules. (Prior code
§ 7410.17)
SECTION 7. That section 13.04.070 (Illegal consumption) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
When a meter shows consumption of water after service has been officially discontinued, the
owner of the Parcel served will be held responsible for payment for the water consumption. In
addition, the Parcel owner will pay the City a new account setup fee for the water illegally
consumed after service was previously discontinued. Water shall not be turned on again for a
Service connection until the illegal consumption has been fully paid for.
SECTION 8. That section 13.04.080 (Bills-Payment) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
A. Rendering of Bills.
1. Meter Readings. Meters will be read at regular intervals as established by the City Council for
the preparation of regular bills, and as required for the preparation of opening bills, closing bills
and special bills.
PH1 - 21
Ordinance No. ----- (2014 Series) Page 5
2. Billing Frequency. There will be twelve regular billings per year or as authorized by the City
Council.
B. Payment of Bills.
1. Periodic bills are due and payable on presentation. Payment may be made at the City Finance
Department or to an authorized collector.
2. Closing bills, if service is to be discontinued, are due and payable on presentation. Collection
will be made at the time of presentation.
3. Water bills shall be payable on the Date of Presentation and shall become delinquent thirty
days from the Date of Presentation.
4. When bills are delinquent, the Utilities Department may demand that the full amount of both
delinquent and current bills be paid.
C. Billing of Separate Meters Not Combined. Each meter on a Parcel will be considered
separately and the readings of two or more meters will not be combined unless specifically
provided for in the rate schedule, or unless the Utilities Department’s operating convenience
requires the use of more than one meter.
SECTION 9. That section 13.04.090 (Rates for service) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
The water rates to be charged and collected by the Utilities Department for all billings for
Regular water service shall be established from time to time by resolution of the City Council.
(Prior code § 7410.14)
SECTION 10. That section 13.04.100 (Charges for new water service) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
A. Charges for new water service shall be established by a resolution duly adopted by the City
Council and may be revised by resolution at any time. A copy of the current resolution shall be
maintained in the office of the City Clerk for public inspection.
B. All charges for new water service are payable upon presentation of the first bill.
C. Service and billing for both water and sewer service commence on the date the meter is
installed.
D. Applicants for new water service will be charged for the appropriate meter,
plumbing/appurtenances and installation.
E. Applicants for new water service will be charged any applicable impact fees according to
Municipal Code Chapter 4.20.
PH1 - 22
Ordinance No. ----- (2014 Series) Page 6
SECTION 11. That section 13.04.110 (Delinquencies and Penalties) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
For failure to pay for water service by the provisions of this chapter prior to the delinquency
date, the director of Finance may add a penalty. The amount of the penalty shall be set by
resolution of the City Council.
SECTION 12. That section 13.04.120 (Water service) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
A. Separate Parcels will be supplied through individual Service connections and Private service
lines shall not cross Parcel boundaries unless authorized by the Utilities Department.
B. Water Services will be installed in the size and at the location desired by the Applicant where
such requests are reasonable. Service installations will be made only to property abutting on
public streets or to such distribution mains as may be constructed in easements or rights-of-way
as determined by the Utilities Department. Services installed in new subdivisions prior to the
construction of streets or in advance of street improvements must be accepted by the Applicant
in the installed location. (Ord. 1428 § 2 (part), 2002: prior code § 7410.6)
C. Service to Multiple Units. Separate houses, buildings, living or business quarters on the same
Parcel shall be served according to the policies and procedures established by the Utilities
Department. Any exception to the policies and procedures shall be at the discretion of the
Utilities Director.
D. The Applicant shall be responsible for payment of charges for all water furnished to combined
units, supplied through a single Service connection. (Ord. 1428 § 2 (part), 2002: prior code
§ 7410.11)
SECTION 13. That section 13.04.130 (Water meters) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
A. All meters installed shall be located only in and upon streets, easements or rights-of-way that
have been formally dedicated and accepted for public use, and shall be owned by the City.
B. Changes in size of water meter.
1. The cost to change the size of a meter on existing Services will be at the Parcel owners or
Customer’s expense. (Prior code § 7410.12)
2. A request for a change in size of meter will require approval of the Utilities Director. Upon
approval, the Parcel owner or Customer will be responsible for obtaining all necessary permits
(plumbing, encroachment, etc.) and payment of any applicable expenses and fees.
3. Parcels with flow rates having an average rate that exceeds the meter manufacturer’s
maximum rated operating flow or other reliable benchmark as determined by the Utilities
PH1 - 23
Ordinance No. ----- (2014 Series) Page 7
Department shall be required to upsize the meter at Parcel owner or Customer’s expense,
including payment of any applicable expenses and fees.
C. Change in Location of Meters. Meters moved for the convenience of the Parcel owner or
Customer shall be approved by the Utilities Department and will be relocated at the Parcel owner
or Customer’s expense.
D. Meter errors.
1. Meter Test.
a. On Parcel owner or Customer request:
i. A Parcel owner or Customer may, giving not less than one week’s notice, request the Utilities
Department to test the meter serving his or her Parcel.
ii. To cover the reasonable cost of a meter test, the Utilities Department will require the Parcel
owner or Customer to deposit such amount as may be established from time to time by resolution
of the City Council.
iii. This deposit will be returned if the meter is found to register more than two percent fast. The
Parcel owner or Customer will be notified not less than five days in advance of the time and
place of the test.
iv. A written report giving the results of the test will be shown to the Parcel owner or Customer
within ten days after completion of the test.
2. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be registering more
than two percent fast under conditions of normal operations, the Utilities Department will refund
to the Customer the full amount of the overcharge, based on corrected meter readings for the
period, not exceeding one year that the meter was in use.
3. Non-registering Meters. The Utilities Department may bill the Customer for water consumed
while the meter was not registering. The bill will be computed upon an estimate of consumption
based either upon the Customer’s prior use during the same season of the year or upon a
reasonable comparison with the use of other Customers receiving the same class of service
during the same period and under similar circumstances and conditions. (Prior code § 7410.16)
4. Retirement or Removal of Meter. The cost of retiring or removing a meter service for the
convenience of the Parcel owner will be at the Parcel owner’s expense.
SECTION 14. That section 13.04.140 (Water meters) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
A. The Parcel owner shall install a suitable valve, as close to the meter location as practicable,
the operation of which will control the entire water supply from the meter.
PH1 - 24
Ordinance No. ----- (2014 Series) Page 8
B. The operation by the Parcel owner or Customer of the Curbstop in the meter box is not
permitted. (Prior code § 7410.19)
SECTION 15. That section 13.04.150 (Responsibility for equipment) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
A. Parcel Equipment. The Parcel owner or Customer shall, at his or her 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 water equipment, or the negligence,
want of proper care or wrongful act of the Parcel owner or Customer or of any of his or her
tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using,
operating or interfering with such equipment. The City shall not be responsible for damage to
property caused by spigots, faucets, valves and other equipment that are open when water is
turned on at the meter, either when the water is turned on originally, or when turned on after a
temporary shutdown.
B. City Property. The Parcel owner or Customer shall be liable for any damage to a meter,
Curbstop, water meter box or other equipment or property owned by the City which is caused by
an act of the Parcel owner or Customer or his or her tenants, agents, employees, contractors,
licensees or permittees, including the breaking or destruction of locks by the Parcel owner or
Customer or others on or near a meter. The City shall be reimbursed by the Parcel owner or
Customer for any damage promptly on presentation of a bill.
C. Private pumping equipment. The Utilities Department must approve the installation and
operation of all Private pumping equipment before City water service will be provided. Any
pumping facility that does not incorporate an automatic shutoff control that will positively
prevent motor burnout during periods of low or negative pressure will not be approved.
This section shall not be construed to excuse the obtaining of appropriate City Council, and
other, approvals necessary to permit (1) City water service, and (2) installation and operation of
Private pumping equipment. (Prior code § 7410.18)
D. Parcel owner or Customer is responsible for maintaining plumbing connection on the Parcel
side of the meter. Parcel owner or Customer equipment must be able to withstand meter change-
outs and shutoffs. Parcel owner or Customer shall repair their equipment if determined
necessary by the City.
E. Parcel owner or Customer is responsible for maintaining acceptable access to the water meter
as determined by the City. At a minimum a two-foot (2-foot) clearance must be provided around
meter.
F. No additions can be made in the meter box other than primary City water service.
G. 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
PH1 - 25
Ordinance No. ----- (2014 Series) Page 9
or main belonging to the City; the Utilities Department will hold the Parcel owner or Customer
liable for any damage to its property occasioned by such ground wire attachments.
H. The Utilities Department does not assume liability for inspecting apparatus on the Parcel
owner or Customer’s property. The Utilities Department does reserve the right of inspection,
however, if there is reason to believe that unsafe apparatus is in use.
SECTION 16. That section 13.04.160 (Parcel owner’s duty to protect against danger of
Cross-connections) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
The Parcel owner must comply with state, county and federal laws governing the separation of
dual water systems or installation of backflow protection devices to protect the public water
supply from the danger of Cross-connections. (Prior code § 7410.20)
SECTION 17. That section 13.04.170 (Interruption in service) of the San Luis Obispo
Municipal Code is hereby amended to read as follows:
A. The City shall not be liable for damage or claims which may result from an interruption in
service. Temporary shutdowns may be made by the Utilities Department to make improvements
and repairs. Whenever possible and as time permits, all Customers affected will be notified prior
to making such shutdowns. (Prior code § 7410.21)
B. Master metered properties such as mobile home parks and large apartment complexes must
notify the Utilities Department and Police Department a minimum of 24 hours prior to any
planned interruptions in water service for repairs, maintenance or other reason.
SECTION 18. That section 13.04.180 (Main extensions other than subdivisions) of the
San Luis Obispo Municipal Code is hereby amended to read as follows:
A. Water mains may be extended by developers or other interested parties that would benefit by
their extension, at their cost, provided the improvements are designed to current City standards
and policies and are approved by both the Public Works and Utilities Directors.
B. The owner or developer who installs improvements which abut property other than that being
developed or in a greater size or capaCity than that required for the development of the property
under consideration may be reimbursed as provided in Section 16.20.110 of this code. (Ord.
1501 § 4, 2007)
C. Where an extension of the distribution main is necessary or a substantial investment is
required to furnish service, the Applicant will be informed by the Utilities Department as to
whether or not the service can be extended under these regulations as set forth in this chapter.
(Ord. 1428 § 2 (part), 2002: prior code § 7410)
SECTION 19. That section 13.04.190 (Utilities Department ingress and egress rights) of
the San Luis Obispo Municipal Code is hereby amended to read as follows:
PH1 - 26
Ordinance No. ----- (2014 Series) Page 10
Representatives from the Utilities Department shall have the right of ingress to a Parcel for any
purpose reasonably connected with the furnishing of water service. (Prior code § 7410.22)
SECTION 20. That section 13.04.200 (Fire hydrants) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
A. Use of and Damage to Fire Hydrants. No person, other than those designated and authorized
by the proper authority, or by the Utilities Department, shall open any fire hydrant, attempt to
draw water from it or in any manner damage or tamper with it. Any violation of this regulation
will be prosecuted according to law.
B. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by
the proper authority, the Utilities Department has fulfilled its obligation. If a property owner or
other party desires a change in the size, type or location of the hydrant, he or she shall bear all
costs of such changes, without refund. Any change in the location of a fire hydrant must be
approved by the proper authority. (Prior code § 7410.25)
SECTION 21. That section 13.04.210 (Water service for fire protection) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
A. Fire
1. For all projects for which the installation of one or more City standard fire hydrants are
required by the Fire Chief pursuant to the authority of California Fire Code Section 507.5.1, such
hydrant or hydrants shall be incorporated into a reliable water distribution system which is
directly connected to an adequate transmission system.
2. Each City standard fire hydrant required shall be operative and accepted by the Utilities
Department prior to the commencement of combustible construction on the project.
3. Upon acceptance by the City of any City standard fire hydrant constructed by the City or by
City administered contract awarded in compliance with applicable bidding requirements, the
Utilities Department shall determine the total extent of the properties benefited by the hydrant
installation and shall assign to each Parcel or portion of Parcel benefited a share of the total cost
of the hydrant installation. Such assigned shares shall be approved by the City Council.
4. The extent of the properties benefited shall be determined in accordance with the
recommendations of the latest edition of the Fire Protection Handbook, published by the
National Fire Protection Association, or any subsequent recognized standard adopted by
resolution of the City Council.
5. As a condition to the issuance of a building permit for construction upon a Parcel or portion of
a Parcel to which has been assigned a share of the cost of a City standard fire hydrant, the
permittee shall reimburse to the City, or to the party originally funding the hydrant construction,
the total assigned share. Such reimbursement obligation shall exist for a period of fifteen years
after City acceptance of the fire hydrant.
PH1 - 27
Ordinance No. ----- (2014 Series) Page 11
B. Water Main Improvements for Fire Protection.
1. Upon acceptance by the City of water mains installed to provide a reliable water distribution
system in accordance with subsection A1 of this section, and if such mains have been
constructed by the City or City-administered contract awarded in compliance with applicable
bidding requirements, the Utilities Department shall determine the total extent of the properties
benefited for fire protection by the water main installation and shall assign to each Parcel or
portion of Parcel benefited, a share of the total cost of the installation. Such assigned shares shall
be approved by the City Council.
2. The extent of the properties benefited shall be determined in accordance with the
recommendations of the latest edition of the Fire Protection Handbook, published by the
National Fire Protection Association, or any subsequent recognized standard adopted by
resolution of the City Council.
3. As a condition of the issuance of a building permit for construction upon a Parcel or portion of
a Parcel to which has been assigned a share of the water main cost, the permittee shall reimburse
to the City, or to the party originally funding the water main construction, the total assigned
share. Such reimbursement obligation shall exist for a period of fifteen years after City
acceptance of the water main. (Prior code § 7410.26)
SECTION 22. That section 13.04.220 (Private fire protection Service connections-
Charges-Ownership) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
A. Purpose. A Private fire protection Service connection in three- to ten-inch size will be
furnished only if adequate provision is made to prevent the use of water from such Services for
purposes other than fire extinguishing.
B. Quantitative Charges.
1. Water for Fires. No charge will be made for water used to extinguish accidental fires.
2. 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 Utilities Department in advance and an approved means of measurement is available. The
rates for general use will be applied.
C. Violation of Agreement. If water is used from a fire service in violation of the agreement or of
these regulations, the Utilities Department may, at its option, discontinue and remove the service.
D. Ownership of the Fire Service.
All appurtenant equipment from the shut-off valve closest to the water main, including
connections, pumps, tanks, chlorinators installed at any point in the line to the Parcel’s water
outlets shall be the sole responsibility of the Parcel owner, both as to the original installation and
PH1 - 28
Ordinance No. ----- (2014 Series) Page 12
as to the maintenance and upkeep. Such installations must be approved by the Utilities
Department. (Prior code § 7410.27)
E. Pressure and Supply. The Utilities Department assumes no responsibility for loss or damage
because of lack of water or pressure and agrees only to furnish such quantities and pressures as
are available in its general water distribution system.
SECTION 23. That section 13.04.230 (Private fire protection service-Monthly rates) of
the San Luis Obispo Municipal Code is hereby amended to read as follows:
The monthly rates for Private fire protection service shall be established from time to time by
resolution of the City Council. (Prior code § 7410.28)
SECTION 24. That section 13.04.240 (Privately owned water wells) of the San Luis
Obispo Municipal Code is hereby amended to read as follows:
Appropriate use of privately-owned wells is allowed on individual Parcels. The use of the water
from a well shall only be utilized on the Parcel on which it is situated.
SECTION 25. That section 13.04.250 (Violations deemed misdemeanor) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
Other than authorized water distribution staff, any person who operates or attempts to open or
close any water system valve shall be guilty of a misdemeanor, and shall also be held liable for
any damage that may result. (Ord. 1484 § 11, 2005: prior code § 7410.29)
SECTION 26. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 4th day of March 2014, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 4th day of March 2014, on the following roll call
vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
PH1 - 29
Ordinance No. ----- (2014 Series) Page 13
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
PH1 - 30
GXT Y o�,
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Public Utilities
878 Morro Street, Stan Luis Obispo, CA 93401-2710
805 781.7215
,1 — 1 - rzl
March 17, 2014
To: Mayor Marx & City Council
From: Carrie Mattingly, Utilities Director
MAR 17 2014
AGENDA
CORRESPONDENCE
Date � 1
item L41 1 fl qZ
Subject: Item PH 1 and PH 2; March 18th City Council Meeting - Ordinance Legislative Drafts
Mayor and City Council:
Utilities Department staff experienced a technical error when transmitting the legislative draft
attachments to the City Clerk's Office for Public Hearings 1 and 2 regarding the amendments to
Chapters 13.04 Water Services and 13.08 Sewer Use Ordinance. The error was discovered late last
week; attached are the corrected versions of the legislative drafts for each ordinance. If you have
any questions, please contact either Ron Munds for questions regarding the Water Services
Ordinance or Aaron Floyd for the Sewer Use Ordinance.
Chapter 13.04 Formatted: Font: Arial
WATER SERVICE
The Sky W4-�,' 6emainetI4•4hi-,
to nny pFopeFty Wilhifl4he
i"sffle4he eii), as !he emm may desigiiale.
in all sueh 0 Hses-wflie", hall be sib I3pfie&H
shall be el iifge#4ifeed%e-l�-flll waief
the fluffibeF lap.; .4f I
its passage through the metef-.
Applioatians for, afviee is pr-emisumq fer- whieh s seppien, emnwiem has air-eady
SHeh OPP6601- Wi
eL+,4eFnem-'!; m-4 Hie"s Hfl(l Went these
'q—
food ifiewiews4hefeo�.-- — P-1 i . 40y
for waier sew-viee rcrize Fed. Sefviee w4I-be-4*FW,
depft' 4 MH)'be Feltkli!W abfW'+-G �'i"Ol' FegHIM' SeF-Aee• -
if appliewiell; i-q mg-d-A f6r. SeFy ee te p FOP 0 bee4l
e- d-, Be bit a di --, F' c+-+he-pFeper+�-!he appliewit.
-e.---, SkUll.
exie
sefy ice ,-dw-app4eff :11 be iFIF 1-Ine
R-w . o d4yf Ale
lo whether or met the SeFYiee eali be extelidt-(A+Qer4ht-se
feguinti'loiis as se! ft-) --i-rr!h is el flplerj 3.04.010 Definitions.
13.04.020 Statement of .f policy.] 3.04.030 Sole Watcr Purveyor.
13.04.040 Liunit of City's responsibility to furnish water outside Of the City.
13.04.050 Initiation of water service.
13.04.060 Discontinuation of water service.
13.04.070
Illegal Consumption.
13.04.080
Bills - Payment.
13.04.090
Rates for service.
13.04.100
Chases for new water service.
13.04.1 10 Delinquncies and Penalties.
13.04.120 Water Service.
13.04.130 Water meters.
13,04.140 Installation of control valves required.
13.04.150 Responsibility for equipment..
13.04.1 G0 Customers' duty to protect agcinst danger of cross - connections.
1104.170 interruptions in service.
13.04.180 Main extensions other than subdivisions.
13,04.190 Utilities department ingress and a erg_ ss rim
13.04.200 Fire hydrants.
13.04.210 Water service for fire protection.
1104.220 Private fire protection service connections — Charges -- Ownership.
13,04.230 Private fire protection service — Monthly rates.
13.04.240 Privately owned water wells.
13.04.250 Violations deemed misdemeanor.
13.04.010(-0-11
13.04.020 Definitions.
As used in this chapter, the following terms shall have the meaning specified after each
term:
A. "Adequate transmission system" means a water main system is capable of supplying
simultaneously, at a specific site under consideration, the required fire now and the
maximum daily rate of consumption.
B. e
Erl1;ufirl'µt�g;trcie+at �grtrrrtit} E�.=,t. ,fit ;
rot° Of 00RAHMP100H 1 d Ole d r:. AWN f6 . means the
person or entity who applies for anew water account with the City. of San Luis Obisrro.
E'— yr� tit i�e€ttt t elutrge I a upon a rate peF uni! oPdAv - de-4 d
t� ree€rvea =atl e,:�i . ate,d -w4 . red :34*.�t4i the -*Fneu of wH4e.f
supplied.
D-.C. "Cross- connection" means any physical connection between the piping system from
the city service and that of any other water supply that is not, or cannot, be approved as
safe and potable for human consumption, whereby water from the unapproved source
may be forced or drawn into the city distribution main.D. "Curbstop" means the City-
owned valve attached to the water meter which can turn water on or off to a parcel.
&E. "Customer' rneans the person or entity under whose name a water account is created
and who is ultimately responsible for payment of all charges incurred on the account.
F. "Date of Presentation" means the billine date as referenced on the billing statement.
G. "Distribution mains" are water lines in streets, alleys, and rights -of -way used for
general distribution of water from which service is available to the eustefaer-g_pArcel.
FH. "Maximum daily rate of consumption" means the average rate of flow, as estimated
by the utilities engineer /superintendent from actual city records, which is consumed
during a twenty- four -hour period at maximum use.
G. "PremisesI. "Parcel" means fl+e it g apert-y- car -area, tract of land including
improvements thereen, to which water service is or will be provided.
14J. "Parcel valve" means a valve on Iltc parcel's side of the water meter which turns
water on or off to a parcel. The valve is the parcel owner's responsibility to ntainlain in
workin order.
rder.
K. "Private fire protection service" ismeans water service for sprinkler systems, hydrants,
hose reels and other facilities used specifically for fire protection on a parcel.
L. "Private pumping equipment" means any equipment attached to a wetter service and
instated on a parcel for the purpose of increasing water pressure to that parcel.
a1�., PrlV It service lists;'" ttteans the water Sine that connects the City's
water meter to the point of entry to a parcel's dwelling(s) and/or irrigation system(s).
A1' "4 is
. Regulhr water
service a flt4— e t}` fe> 'tl�e f,,.. ., r . d :,. , ,,. , n� .. f .
t
system K. " " means water service rendered for normal domestic, commercial,
industrial, and irrigation purposes on a permanent basis and for which the Cit 's general
rates and regulations are applicable.
6-0. "Reliable writer distribution system" means a system of public water mains capable
of supplying a sufficient quantity of water to satisfy simultaneously the maximum daily
rate of consumption and the required fire now for a given site.
P. "Required fire flow" means the rate of flow required by the � ire Chief
pursuant to the the authority of Seetien "'n' (c`Appendix B of the UnifertakCalifornia
Fire Code and determined in conformance with the latest edition of the Guide for
Determination of Required Fire Flow as published by the Insurance Services Offices,
dated r..,., , non or any subsequent recognized standard adopted by resolution of the
eeaneilCity Council.
0. "Service connection " means the point of connection where the City's water meter
meets the parcel's private service line.
R. "Serviccfs)"#A--'S'er-viee,," -` means the pipeline and appurtenant facilities such as the
curbstop, meter and meterbox, all used to extend water service from the distribution main
to the curbline. Where services are divided at the curb or ,"....... fty line to sen,e sevefa!
euste nefts,parcel line each such branch service shall be termed a separate service.
S. �-&ry- jef-,4 �ea ns ene espeeirrll v -i nstcl -hed- f a . f1- 0q -Wade fien and ether ases,
"Utilities" means the nEikiaUtilitics Departta}ent of the eiCity of San
Luis Obispo and its duly authorized representatives. (Ord. 1428 §-.2 (part), 2002: prior
code §-_7410.1)
13.04.030 initiation a d diseonfinuaOmO20 Statement of on lice•
The City will furnish water sery ice in accordance with the regulations contained in this Formatted: pl
chapter mid in accordance with other applicable ordinances to any parcel within the
corporate limits and to such areas outside the city limits as the City Council may
designate.
pfayide 3rflcecaretnk4iwl�el -lam t #te ti+ :•:;c:
B. Ali appfieants fbF T -"
tome-
of 1ho :i ._f....�: �.fi. ..�..
^FiCaF- FF7�Fn•Ft-MkFkflm -{}" "
1.
In all such cases water shall be supplied only through water meters
installed as set forth in this chapter and in each case the customer shall be
charged directly far all water passing through the meter.
13.04.030 Sole Water Purveyor
The City shall be the sole 4vater purveyor within the city limits. 13.04.040
Limit of eity-IsLilyLs responsibility to furnish water outside of the City.
Nothing contained in this chapter shall be construed as a contract on the part of the
eityCity to furnish water for any definite period or as a public utility in respect to any
water furnished outside the &yCity. (Ord. 1428 § 2 (part), 2002: prior code § 7410.3)
13.04.050 Payment for- Initiation of water service.
A. Each applicant initiating water service shall be required to provide information
according to the procedures established by the Director of Finance and Information
Technology and to nay a new account setup fee established by resolution of the Ci f
Council..
B. All applicants for water service may be required to deposit an amount established from
time to time by resolution of the City Council prior to initiation or restoration of water
service. Cad,_14 , =§" gr# ,2002:_Cird.,._ 1_2{14_ §1 ��L At�9 r 141 i _2
C L,An application for service wi4may not be honored unless payment in full has been
made for water service previously rendered to the applicant by the e+tyCity. (Ord. 1428
§ 2 (part), 2002: prior code § 7410.4)
60 Past flue debts tetio#rs taaee et�iki
i "aei lee 4i� . :� , '" ewe lei-§- 410.5)
1 nn non See- . ee installation.
D. nlications for water service to parcels for which a service connection has already
been installed may be made as set forth in this chapter. Such application will si,gnity the
applicant's willingness and intention to comply with these regulations and to all
modifications thereof, and to new regulations or rates duly adopted, and to stake payment
for water service rendered.
L. IF application is made_ for service to it parcel where no water service connection has
been installed, but a distribution stain is adjacent to the parcel, the applicant, in addition
to malting application for service, shall corm with [lie regulations governing, the
installation of water services and pay all applicable fecs.
13.04.060 Discontinuation of water service.
Each customer discontinuing water service shall be requircd to provide information
according to the procedures established by the Director of Finance and Information
Technology.
li"HTMRMOM 'w�"'titl) 'LL7 T ir1TiCIiITTfcl vn.
ofw, _, ,e " ' t o: -c eNtftmemt. 36. 1. fftiti �J
13.04.080 Charges for- nem, ser-viee.
r' C= 11eri�°tT:r- 1'ir�+l '- n= un.r- tici -'r9ta y3mil he established by a resolution duly ,.,1opled by the
et ?tii & kmd m any time. A eeIV of a eurre t rose wfleH shall
"Hintakiei it the',; ��rt'l ; ity cllf tol+r
C. Aeeount stai4s on the date the metef is installed.
11- �itat�r-- raew- so�iee�lrle -in-R '�=��
►� Gam - . - -.,.. 1.,«geF than �__ a eh , ,:ter be, eoH r�r'cal:•�fat F'F,m;ef m-biyl..aicv
eel - of -ifi4a a4ea plus eN er-head cr.
444294s 4
��led b 4 -29. OeE - 444-#3
13.04.100 Main e*tensions.
A. Wale maifig , . ..- -Riled by 3 .yekopers Ar{it eres ed� parties F iii1 would
lii' -i .reeler ..f..ubli`e . ,.rks Hnd Ole dire.,l. F of
utilities.
that heing domeWped OF i14 ems' .'i>4 =-s
C@4AF? �l$i;43r'#L°3f$*3i$t°i7's, "....... �°.. a- t•jiF,•i
a Formatted: Hyperlink
4- XC4.4 20 Multiple units
ii4N%70F F}�,�cC= l3EkFtilBtt3Tt5cs4'jifti ( t1t+TiH3#2F tii+#�i2E3tttFt�� E)F t Formatted: p3
ta�rrt� gets ��t- +1� 4ic t ext s i� i i �t tier�iee i�tDrDttef3 34 ttt�E „ l
department eleets other -wise
. k"ao -' r'
nc+.r . r
tiiCii -fc
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he: mod.., it e option „r,l, wililieii deptioffiem by eiIheF
lii�*•f�t,'F� {)f�1�
4�f:i si' A 4Fil'p4"Wen+ -0 -i'he oiheps,ts 'v��4i3ElY�rrici csriii�'2L'it?l
:1 -.R- ie.��Dta�D�e�ltatt�rt��e eta�tre��e�r�i�e se.
th@ft-{
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13.04.130 Retirement or- removal of meter.
ins €alk6on. All t► etep :.,.,
R&fteeepied Fop r tt I ie
"r-f�g ii
..:..�.ee eF,tia ...: ..� ,.. <i
i�--fSEI =' �- cr`} rr�ss�vc- r�r- �.nc�oo:+f#]3'fi�E" ll�lr�c- m� ,�R'- -E<Fl!xl-E7F3it'r�= ����._ Formatted
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- ti}1tbH"�FFI ti1i'C (J FFit'F E ?f§?Eitii43?y,i�+i4E'i
t o ,..t..o.,, expense. (v.:.. ,.a. �n l n 1 �) .:11 hl ,
13.04.140 Bills payment-.
. ,:lam is be re..i fit Fe...1.ifi;;;en-viii - Cor t#ei�t�rx�r�rtltt�
ii'E{-it5�' #( 44iF('E� -- FD�i --('kt i}FftFIHFi -C3 -4 i
41# bills. elomirmg,1. I1� tNf�-4�1tC^Fti� --�3�} tr
icat l l r tt�e H4 Nt fa �tel �} die tr�et�ts y [lie fade" of
lities division as authorized by the eetineil.
. - and Closing Bills,
fr;- (�€xi€t�i�4w; ���iia•� ���• �4• �€ �t�--€ �a�€ �# �l��l�li�- �• e €:�r��- kr��c�ti��rri6e�- x7� -�t�r
than nefmal will be pr-ofa4ed.
b--11e tit €rl��eaxxl €�f +tetr+e- is 4as €k� t�ta�€��+rt3l�e k�i4� wild +gat ��e.� El�rxa�
A=-=P v gy m:. s� o rI: � 'n�aF Fty die €� akle a! �
t�t�x3l•�x��t- aai���i�•t ��€�ta€�s
,.., I n-.-
�rpe- €�+1E-t- �E�f�� =-F�aa ��?�4ew t €e�••r�a�r•�4��A
4.- VAiem -bilIs are delk ttk e"I,, -(I. :V t di% =€}j24 f
��+t�d�T #1ti4
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€ri l ifi xtl�y �iti f a }t to 3f€Fe 4 it rrt € € +Ees a trc„�;;� - 8 an s
k�x€IH r�cartr €�ee}t+E��t #}e xe erl Er�c�Fe tl�€€ ta€€e €iz e€aieEe €k
The rendin .,.,......, I,.,...e Fxr :€►tktki +ieri €rte4;+W I-,:¢' fe Fk�s x € €rt€sate c#
ii1S- Et] E•! �- ex�x• �% et1- �I+ s�4�a+ �+ �s �f- ��xe- rr3eiit�€:�- �3�€'ica€'•��a €., .`��- s- �',�;n
1 n4 1 en Rates for -
�a�- �ate:�- ira -lae �- k�xr�rr�f €s�- �x�4��c�ecl• -�r�•- ire- a+� +F+► -i
.,z.f�,l,}i,;i�4- I +•x� €��•- Eire +€+�xtti•cairerEkte�- eettai: -•(- 'fir- ita -tse
§ 7410.14
1 n,s 16n Con utat•.r _of limy - iHiftgF,:
F3 ff4v µ bs iptited by fleiiblhig 4w-i root. tawg #
Ittl�i� -Fie' ., z;; ��s- �i�• ewt�f�t- y- �r�� €�t�f�i:"rr -��xar c -,-�i
43 n n_
..�.:°i • FIB• Et7i -�17tii € iE4l�!#►} - ik -ii-meter i4 %E,'��L'.4'itR- �dti-tx -�ii •-F73t'f-`€ i3 }liit�- E{i --i2 +tit�Fi it3FC -l•
lwff- pefeeHl ----I roof il crr def e . ntikiolls of nor- 1- li- is�HfiiaFaEiHti1- 4Y+�- �2- ��R@+2Y�- iii-'_�E1=4�t :
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f r� a f4toE3� f� a} giµiri t nNeSS tlraf� nt�e wte rf e ie rzt� +�tht fti�i�i WoR -to
�i= fr�ev,•cv-zisvizRi dirtEi�3ci, �i -"-- i'sc ihe
c stonw- to- e#e-posit s+elrttf un! as liiay b -e,' -- ed4o+it titre to, time by fesolka )it of
the it
e�l .
l h o+iied' flA+ -i ys4an Five days iii HJvttoee-v- 4te- t -iwme d
PIRee of the test.
x,11 1......, al.�.ARM a....,. ».. a1.....e.l.ai ®...I:.........., E.... ...t..A1 al.... � �ht-- fl-7� -iF�i
-I , cierr+ and to be
fe&Wfift&- ffiof24hut1 t "efeen! fasi, tin OF oondkions of He k jle ;,�"he
dirtis�! szft€ttd to the ei.... lie oyef ehfifge,based of
eoffeeled • elff Feed 4 ngs -::-,r t�l�er+oEi east �c�e��gsix tra€�t�tk►�t#tat�ite t�wtrs is
use.
il1H-f'e tti +N.f +F&+ --± ie :•°�+- -n it +i?ivisieff may t_: IS the _ r,....
13.04.180 Diseentinuanee of ser-viee-.
A. Nonpayment of Bills.
1. A customer's water service may be discontinued if a bill is not paid on or before thirty
days from the first day of the ffienth fellowing-date of presentation. "Date of
presentation" shall be the billing date upon whi ^el it . .r o rn�r� eliyefe
per-sanal to ;he a �.I..mef of..aeeWas referenced on the billing sty temen .
`'. " ektstomefls,2. A customer's unpaid balance for water service previously rendered by
the City may he transferred to that same customer's current water service and water
service may be discontinued if water service furnished at a previous location is not paid
on or before the thirty days from tic date of presentation.
3. If a customer receives water service at more than one location, and the bill for service
at any one location is not paid on or before the first day of the month fell owipgthirty days
from the date of presentation, water services at all locations may be turned
effdiscontinued.
B. Unsafe Apparatus.
1-.--The u6iiiies division may rektse to f6mish wekief and Utilities Department may F Formatted: pl
discontinue service to any }remises ap rcels where apparatus, appliances, or equipment
using water is dangerous, unsafe, causing g amage or not in conformity with any laws or
ordinances.
..,......: �Y;:..... <,...,1,._...11t A 111 ................. .,.tc,.:.,....e
WM*W i"€0�#_ iR,r t he mi 1 0 ti _s diyisie i wiil ho! Fk}e
e*,tomef lialble 1�)r thl ague it+: 't c aii ed by s e „roufl( -"
..,. a .. ? . Tlie uti-lit-ie ,-4 ,
the eustamer's -Tlie-ttttrrnica-drm:i" ,
C. Service Detrimental to Others.
' , T,-- w lsh water and The Utilities Department may Formatted: pl
discontinue service to any prefnises ap rcels where the demand is greatly in exeess of the
pHit- ait4-0. 3, affil WheFO 51-16-5h P-M-98—S-SWO
may be detrimental or injurious to the service furnished to other customers.
pfemises „he de mends --by onr°eae.,rimee ef will ,h in ifladeqtlaie _ a_e...
^t
D. Fraud and Abuse. The ,...hies divi.". ~Utilities Department shall have the right to
refuse or to discontinue water service to any premise s ap rcels to protect itself against
fraud or abuse.
E. Noncompliance. The .,f:':ties di isio nUtilities Department may, unless otherwise
provided, discontinue water services to a customer for noncompliance with any of these
regulations if the customer fails to comply with them within five days after the date of
presentation of written notice of the utilki ; isiorc!sUlility Department's intention to
discontinue service. If such noncompliance affects matters of health and safety, and
conditions warrant, the utiWe i i+r+.' nUtilitics Department may discontinue water
service immediately.
F. Customer's Request for Service Discontinuance. A customer may have his or her
water service discontinued by notifying iwwri the utilities divisio Finance
Department reasonably well in advance of the desired date of discontinuance. He or she
will be required to pay all water charges until the date of such discontinuance.
G. Restoration - Reconnection Charges. The utilities divisie Finance Department may
charge such amount as may be established from time to time by resolution of the
eauffe — y Council for restoring water service which has been discontinued because of
noncompliance with these rules. (Prior code § 7410.17)
13.04.490 , 070 Illegal C:onsump ion.
When a teeter shows consumntion of water after service has been officiall
discontinued, the owner of the narcel :served will he held resnonsible for
lip te*PaVmcnt for the water consumi2tion. In addition, the property
owner will pay the City a new account setup fee for the water ille all
consumed after service was Previously discontinued. Water shall not be
turned on main for a service connection until the illeeal con sumytion has
been fully Paid for. 13.04.080 Bills Payment.
A Rendcring of Bill,
1. Meter Meters will be read at regular intervals as established b the C'it
Council for the pre:paralion of regular bills, and as required for the preparation of opening
bills, closing bills and special bills.
2. Billinc Frcuuencv. "There will be twelve regular billinu% nor vear or as authorircd by
the City Council.
Formatted: p3
B. Payment of Bills,
I ,- Pc&dic_ A& arc a and Dayablc._ott tresentatim3 Payment rnay be made at the Cif
Finance Department or to an authorized collector.
2. Closing _bills, _ifserv' is to be_discowLima are due and - pay a bi p ..tires s�tati it
--
Collect' _w lI na ,it the time o
3. Walter bill% sltalI W. nayable gn ft dilr, 9.17 progniotion shal I bcgQmg.dglinguM _
thirty days from the date of presentation,
4-When bills are delinquent, the Utilities Department may demand that the full amount
afboth delinguent and current bills be Imo=
G. Bilkit o to Meters hl Qm j, d Each nicter_on a parcel will be considered
separately and the readings of two or more meters will not be combined unless
sneeifically provided for in the rate schedule, or unless the Utilities Department's
operating convenience reguires the use of more than one meter.
13.04.090 Rates for service.
The rates to be charged and collected by the Utilities Department for all billings for
rep
ular Service shall be established from time to time by resolution of the Cit y Council.
(Prior code § 7410.14)
13.04. 100 Chargcs for new water service. A. Charges For new water service shall be
established by a resolution duty adapted b the c City Council and may be revised by
rrsolitlion at any time. A copy of a current resolution shall be maintained in the office of
the City Clerk for public inspection.
B. Al] chary
es for new services arepayable upon presentation of the first bill.
C. Service and billing for both water and sewer service commence on the date the meter
is installed.
1), Applicants for new water service will be charged for the appropriate meter,
plumbiMlannurtenances and installation.
E. Applicants for new water service will be charted any applicable impact fees according
to Municipal Code Chapter 4.20.
13.04.110 Delinquencies and Penalties.
For failure to pay for water service by the provisions of this chapter prior to the
delinquency date, the director of Finance may add a penalty. The amount of the penalty
shall be set by resolution of the City Council.
13.04.120 Water Service;
A. _Separate parcels will be suprafied through individual service connections and private
service lines shall not cross parcel boundaries unless authorized by the Utilities
Department.
B. Water services will be installed in size and atthslocationAps° red v lljp_W zli! Can_f
.I re suc � Service installations will be made only to property
abutting on public streets or to such distribution mains as may be constructed in
easements or rights-of-way as determined by the Utilities Department.,5VLvj(&L t� jaal_Ig
in new subdivisions prior to the construction of streets or in advance of street
art)s2002Lp oLcod_ 4AA
C . houses buildings Iivin,; ar business quarters on
the same parcel shall be served accordant~ to the policies and procedures 4stablished by
the Utilities Department Any exception to the policies and procedure~ shall be at the
discretion of the Utilities Director.
1]. The applicant shall be resnonsiblc for Payment of charges ror all water furnished to
combined units. supplied through a single service connection. (Ord. 1428 L 2 fpartl.
2002: prior code 6 7410.11)
13.04.130 Water meters.
A. All meters installed shall be located only in and upon streets, casements or ritrhts -o%
way that have been formally dedicated and accepted for public use and shall be owned by
the City.
B. Chances in Size of Meter.
1. The cost to chani c_the size of a meter on existink; services will be at the parcel owner
or customer's expense.
2. A request for a change in size of meter will require approval ofthe Utilities Director.
Upon approval. the parcel owner or customer will be responsible for obtaining all
necessary permits (plumbing, encroachment, etc.) and payment of any applicable
expenses and fees.
3. Parcels with flow rates havinaa an average rate that exceeds the meter manufacturer's
maximum rated operating flow or other reliable benchmark as determined by the Utilities
Department shall be required to upsize the meter at parcel owner or customer's expense,
iracludingpayment of any aLmlicable expenses and fee _ Formatted
C. Chance in Location of Meters. Meters moved for the convenience of the parcel owner
or customer shall be approved by the Utilities Department and will be relocated at the
narcel owner or customer's expense.
D. ML�L42C�, t � Formatted: pl
l . Meter Test.
a. On a parcel owner or customer request:
i. A parcel owner or customer may. eivine not less than one week's notice. request the
Utilities Department to test the meter serving a parcel.
ii. To cover the reasonable cost of a meter test. the Utilities Department may require the
parcel owner or customer to deposit such amount as may be established from time to time
by resolution of the City Council.
ice, This_dcnasi.Lw_i I_b _eturne&U _tlt_e racIcr_ f un t�rr�ister trlore s.�±�� �t
fa.s.j The parcel owner or customer will be notified not less than five dam in advance of
the time and place of the test.
iv. A written report giving the results of the test will be shown to the parcel owner or
customer within ten days after completion of the test.
e.
i When. upon test. a meter is found to be
registering more than two percent fast, under conditions of normal operations, the
Utilities Department will refund to the customer the full amount of the over- charge, based
on corrected meter readings for the Period, not exceeding one year, that the meter was in
use_
3. Non- registering Meters. The Utilities Department aMy biII the pustomer for water
wnsumed while the meter was flat registerinz. The bill will be computed o
u rs n an
imate of consumption based either anon the_ customcr's Prior use durimsy the same
season. of the v t}_uVan a reasonable comparison with Lim use of other customers
receiving the same class -of the same..tacario "ad- under_sim.ilar
c�it�urn�ies �acLcs�ttdtxn�s�L���r��dt� .��4.1;Q�k.G)
4. Retirement or Removal of Meter. The cost of retiring or removing a meter service for
the convenience of the parcel owner will beat the parcel owner's expense.
13.04.141) Installation of control valves required.
A. The parcel owner U-it {suitable valve, as class to the_rtte .lacatian as
practicable. aeration of which ,vLontrLthe elttiee!�rati~xula�[v from services
.13. The operation by the customer or parcel owneL of the curbstop in the meterbox is not
�t _. Prior code § 7410,19
A. Custofner13.04.150 Responsibility for equipment
A. Parcel Equipment. The parcel owner or, customer shall, at his or her 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 e4 C+ shall not
be responsible for any loss or damage caused by the improper installation of such water
equipment, or the negligence, want of proper care or wrongful act of the parcel owner or
customer or of any of his or her tenants, agents, employees, contractors, licensees or
permittees in installing, maintaining, using, operating or interfering with such equipment.
The ei4yLCLity shall not be responsible for damage to property caused by spigots, faucets,
valves and other equipment that are open when water is turned on at the meter, either
when the water is turned on originally, or when turned on after a temporary shutdown.
F , - Formatted: Font: 12 pt, Not Bold
` Formatted: Font: 12 pt, Not Bold
Formatted: Heading 3
Formatted: Font: 12 pt, Not Bold, Font color:
Red
Formatted: Font color: Red
B. City Property. The parcel owner or customer shall be liable for any damage to a meter, -
- - Formatted: Font color: Red
curbstop, water meter box or other equipment or property owned by the eit-yCity which is
caused by an act of the parcel owner e5r - customer or his or her tenants, agents, employees,
Formatted: Font color: Red
contractors, licensees or permittees, including the breaking or destruction of locks by the
parcel owner or customer or others on or near a meter; trr — fty- dtmitrge-t :e-r-4hB4
miry ie: '. HiaVaes..
The city shall be reimbursed by the parcel owner or, customer for any damage promptly
[ Formatted: Font color: Red
------
on presentation of a bill.
C. Private Pumping Equipment. The ilities Department must approve
the installation and operation of all private pumping equipment before city water service
will be provided. Any pumping facility that does not incorporate an automatic shutoff
control that will positively prevent motor burnout during periods of low or negative
pressure will not be approved.
This section shall not be construed to excuse the-obtaining of appropriate le � �;
, - - Formatted: Font: 12 pt, Not Bold
.oU cil and other, approvals necessary to_p ermit (1) eiCity water service, and (2)
Formatted: Heading 3
installation and operation of private pumping equipment. (Prior code § 7410.18)
Formatted: Font: 12 pt, Not Bold
Formatted: Font: 12 pt, Not Bold
D. Parcel owner or customer IS responsible for maintaining plumbing connection on the
parcel side of the meter. Parcel owner or customer cquipment must be able to withstand
meter change -outs and shutoffs. Parcel owner or customer shall repair their equipment if
determined necessary by the Citv.
E. Parcel owner or customer is responsible for maintainin , acceptable access to the water
meter as determined by the City. At a minimum a two -root (2 -Foot) clearance must be
provided around meter.
F. No additions can be made in the meter box other than nrimary Citv water service
G
are iiarnma en t3 anam any grouna ware or wires to any atumnling wntcll is
or may be connected to nectman or main helongan
of eontr-ol valves required.
A.T ° euste City: the Utilities Department will hold the parcel owner or customer
liable for any damage to its property occasioned by such ground wire attachments.
H. The Utilities Department does not assume liability for inspectinga121saralus on the
parcel owner or custorncr's property. The Utilities Department does reserve the right of
inspcclion however. if there is reason to believe that unsafe apparatus is in use.
13.04.160 Parcel owner's
pmt ie�blt
r?eiit *' - -
h
13.04.21 n Customer duty to protect against - danger of cross - connections.
The ftrn ce1 own must comply with state, county and-federal-laws governing
the separation of dual water systems or installation of backflow protection devices to .
protect the public water supply from the danger of cross - connections. (Prior code
§ 7410.20)
13.04.170 Interruptions in service.
A. The ei4yCity shall not be liable for damage which may result from an interruption in
services beyet4the- eoi+tf l- t�ie wiliti e li i4art-.. Temporary shutdowns
may be made by the ttti 6esivLi ic+ttlltilities Departlent to make improvements and
repairs. Whenever possible and as time permits, all customers affected will be notified
prior to making such shutdowns. (Prior code § 7410.21)
11.04.23 B. Master metered properties such as mobile home parks and large apartment
complexes must notify the Utilities Department and Police Departtnc nt a minimum of 24
hours prior to any planned interruptions in water service for repairs, maintenance or other
reason.
13.04.180 Main extensions other than subdivisions.
A. Water mains nt sv be extended by developers or other interested parties that would
benefit by their extension, at their cost, provided the improvements are designed to
current City standards and policies and are ap2nroved by both the Public Works and
Utilities Directors.
Formatted: Font: 12 pt, Not Bold
Formatted: Font: 12 pt, Not Bold, Font color:
Red
Formatted: Font: 12 pt, Not Bold
Formatted: Heading 3
Formatted: Font color: Red
Formatted: Font: 12 pt, Not Bold
Formatted: Font: 12 pt, Not Bold, Font color:
Red
Formatted: Font: 12 pt, Not Bold
Formatted: Heading 3
E32-The owner_o _ v r wha installs improvements which abut nrane_rty other than
thiit b t, d v�sesis�r rn a greater _s of f t thatscuired for the
vQ_1 .tj _p ronct� undo on idcration may be reimburses as provided in
S.C,t.��- 4( - - - - - - - - - - - Formatted: Hyperlink
C. Where an extension of the distribution main is necessary or a substantial investment is
required to rurnish service, the applicant will be informed by the Utilities Department as
to whether or not the service can be extended under these. rdMgulation s as set forth in- this
chapter. l_2- ?rt.],iforis2t. Gosie x_74] -[?
dlvis:o&03.04.190 Utilities Department ingress and egress rights.
Representatives from the itilities TsieRUtilitics Department shall have the right of
ingress to ppew} a parcel at reasonable hours for any purpose reasonably Formatted: Font color: Green
connected with the furnishing of water service. (Prior code § 7410.22)
13.04.
TeMPOfHrY Sefylee W a I; •-.,:..1,_,.1 in ..r ..,.,:l,, with 'he genentl-- regulmwen!
A. e"''�•tmanr.`ir$rrh shall bec=disee iorrvedl mid le'riiift eu :`ithiil SiX
fiNfitai4ifi7&• er . ie-%
division.
B- --a-he BVI3c'ioiiHF lfF-fld"anee m� e estifna tt' i- in5�% ii- �i- }H�,T-Fkf3{l- F�-`tilL•}�1.Fk�
ti33 ��RE}likit�.4'�gTi`rrci"�r°c�- ii- ir9° t,- TiE'e°-�?19tT-1�i�ccrri- rn "'i` rain °c- •.^ri- ?r2;�FL�tI-�e•R£�k#ftl
ees! o-1,.,1�-arcacl' be- cc°�'-'riris eki'`•:•cdsd-azl aii ask" ty -1.,•, .vY da_ ddiii .,1..41 ek .t as an
e
tt6' e
10.23)
13.04.250 Temporary ser-viee Rates-.
The shall be iippli -ti- P--
Py
..1 ! stab . , !he ateF irfle-H E3iEtj -�
filimed.• ..d al.., d:..:..:.,., TI..,
fl{��alie atTaall- prryT.",�s3;i,�ttedfres'. ` :,�, �,- �:dn ' ed
to establish er -edit. (Pr -ier Bede § 7410.24)
13. 04 0200 Fire hydrants;
,1. Use of and Damage to Fire Hydrants. No person, other than those designated and �; c - Formatted: Font: iZ pt, Not Bold
authorized by the proper authority, or by the Formatted: Heading s
shall open any fire hydrant, attempt to draw water from it or in any manner damage or Formatted: Font: tz pt, Not Bold
tamper with it. Any violation of this regulation will be prosecuted according to law.
K Tempwary Semriee
l,..dFani a FHii 6f t
a4- ae �� e n+ 4he -�p tfihor4
y-
,e M . le!i ee able,. vik . ll be e4taw cd vfn- time 'tn�t' s 17
.rcte4dOOR he'e'etineil__ h on:�:'..., 11., .. �.L�:1,:s.�.t L.,� valve of wf-rffe
�MovinQQ_of Fire Hydrants. When a fire hydrant has been installed in the location F- - ` Formatted: Heading 3
i____D _ _ _ _ _
specified by the proper authority, the utilities d i isio .Utilitl�(i I ?eparlmcnt has fulfilled Formatted: Font: 12 pt, Not Bold
its obligation. If a property owner or other party desires a change in the size, type or - Formatted: Font: 12 pt, Not Bold
location of the hydrant, he or she shall bear all costs of such changes, without refund.
Any change in the location of a fire hydrant must be approved by the proper authority.
(Prior code § 7410.25)
13.04.270210 Water service for fire protection.
A. Fire
1. For all projects for which the installation of one or more city standard fire hydrants are
required by the re-&ie: ire Chief pursuant to the authority of Uni€errr3California Fire
Code Section 40.301(e*,507.5. l , such hydrant or hydrants shall be incorporated into a
reliable water distribution system which is directly connected to an adequate transmission
system.
2. Each city standard fire hydrant required shall be operative and accepted by the utilities
eagitteeFA- upefitttentlenfl l i': i i i. ti i'3etrarttnernt prior to the commencement of combustible
construction on the project.
3. Upon acceptance by the eit=yCity of any city standard fire hydrant constructed by the
eityCity or by ei- tyCity administered contract awarded in compliance with applicable
bidding requirements, the ttti- Oes engine fl::ti+peFi deft UtiIities Department shall
determine the total extent of the properties benefited by the hydrant installation and shall
assign to each parcel or portion of parcel benefited a share of the total cost of the hydrant
installation. Such assigned shares shall be approved by the eouneilCity Council.
4. The extent of the properties benefited shall be determined in accordance with the
recommendations of the latest edition of the Fire Protection Handbook, ' 4in,
1976 published by the National Fire Protection Association, or any subsequent
recognized standard adopted by resolution of the eeCity Council.
5. As a condition to the issuance of a building permit for construction upon a parcel or
portion of a parcel to which has been assigned a share of the cost of a city standard fire
hydrant, the permittee shall reimburse to the e4yQiity, or to the party originally funding
the hydrant construction, the total assigned share. Such reimbursement obligation shall
exist for a period of fifteen years after ei4yCi1y acceptance of the fire hydrant.
B. Water Main Improvements for Fire Protection.
1. Upon acceptance by the ei yCity of water mains installed to provide a reliable water
system in accordance with subsection AA of this section, and if such mains have been
constructed by the eit-pCity or eit-yCity administered contract awarded in compliance with
applicable bidding requirements, the ul- ilitiet-r+igineenl tfpefimendentUtilities
Department shall determine the total extent of the properties benefited for fire protection
by the water main installation and shall assign to each parcel or portion of parcel
benefited, a share of the total cost of the installation. Such assigned shares shall be
approved by the eeuneilCity Council.
2. The extent of the properties benefited shall be determined in accordance with the
recommendations of the latest edition of the Fire Protection Handbook, ' 4teen,
SFr, published by the National Fire Protection Association, or any subsequent
recognized standard adopted by resolution of the eetrxeilCity Council.
3. As a condition of the issuance of a building permit for construction upon a parcel or
portion of a parcel to which has been assigned a share of the water main cost, the
permittee shall reimburse to the ei yCity, or to the party originally funding the water main
construction, the total assigned share. Such reimbursement obligation shall exist for a
period of fifteen years after eit-y Citacce itance of the water main, cods 741 0.26 1
ep�tec�te wtttrie-
13.04.2-50220 Private fire protection service connections —AigAe ern
Charges Ownership:
A. Purpose. A private fire protection service connection in three- to ten -inch size will be
furnished only if adequate provision is made to prevent the use of water from such
services for purposes other than fire extinguishing.
will be
B. , �pp4i�tiafrr»- e�1-- f���reei�e •dal;eanw�,- z.��}uifeelrttr .:►gar- art- appt�tt
will be Aimished upen request-.
{- �n��tll�rtier�- 4�tttrflte- ttp�iiet��t�vi"i!- ;•: �= �° a-1 o-rk�€ ryi�ta��t- � +}-tsclv�ee- �rF4l�
riirci�-- cv�z- +-r .. Al.—� -iz7c :i°ci�rrtc�zzrmcc�ric. ' 'f�[�- RiC"E2`F°.
4)-Quantitative Charges.
1. Water for Fires. No charge will be made for water used to extinguish accidental fires.
2. 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 tt#+liti i iertUtil itics Denariment in advance and an approved means
of measurement is available. The rates for general use will be applied.
.. r9�lc• atE'�l;�:t;rit�
general use,
Violation of Agreement. If water is used from a fire service in violation of the
agreement or of these regulations, the °•'f'�wi;eenUtllltics Department may, at its
option, discontinue and remove the service.
FD. Ownership ofComeetio .4i and all �pat*t-1rirc Service.
All appurtenant from the fneter-, shall be the sole pfepei4y
of tine eily, and He pafq of the - '" ^�� ^� r' "° °er ^r'^ 'shut -off valve closest to the
applieant.
6- 1 kte til•it-ie . ' milky If Br liar
damage beeause of laek of water er Hsu e H sae4j- "an6fie:a
sure:;- - ftfe- *"ihIble- ittits gefWi chi -tfi•k i main, including
connections, pumps, tanks, chlorinators of ethef Etpp,.,4,,.,... ees installed at any point in
the line between to the ,,,,,.,.f and the eustem° -'° ap reel water outlets shall be the sole
responsibility of the pfope4yparcel owner, both as to the original installation and as to
the maintenance and upkeep. Such installations must be approved by the Mies
divisien..Utilities Department. (Prior code § 7410.27)
E. !'Cessttre at1Cl SttUx�ly The Utilities Department assumes no responsibility_for_lo&s or
damage because of lack of water or pressure and .igrces Only to furnish such- cguantities
and pressures as are available in its general distribution system.
13.04.399230 Private fire protection service — Monthly rates.
The monthly rates for private fire protection service shall be established from time to
time by resolution of the eoxesi-lCity Council. (Prior code § 7410.28)
13.04.399240 Privately owned water wells.
appropriate use of privately -owned wells is allowed on individual parcels..
The use of the water from a well shall only be utilized on the parcel on
which it is situated.
13.04.250 Violations deemed misdemeanor.
Other than authorized water distribution staff, any person who operates or attempts to
open or close any water system valve shall be guilty of a misdemeanor, and shall also be
held liable for any damage that may result. (Ord. 1484 § 11, 2005: prior code § 7410.29)