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HomeMy WebLinkAboutNS-936ORDINANCE NS-936 AMENDING ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE BY REPEALING AND RE-ENACTING CHAPTER 4 THEREOF REGULATING WATER SERVICE AND CHARGES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 4 of Article VII of the Santa Ana Municipal Code is hereby repealed. SECTION 2:~ That a new Chapter 4 is hereby added to Article VII of the Santa Ana Municipal Code to read in words and figures as follows: CHAPTER 4 - WATER SERVICE AND CHARGES SECTION 7400. Definition of Terms A. Applicant: An individual, partnership, association, corpor- ation or agency of government applying for water service. B. Backflow Preventor: An approved device or means to prevent backflow into the utility's potable water system. C. ~ost: Charges which include the cost to the utility of labor, materials, equipment and overhead. D. Customer: An individual, partnership, association, corpor- ation or an agency of government receiving water service. E. Date of Presentation: The date upon which a bill or notice is mailed to the customer. F. Department: Department of Public Works, City of Santa Ana. G. Director of Public Works: The chief administrative officer of the Department of Public Works, City of Santa Ana. H. Domestic Service: Provision of water for household residential purposes, including water for sprinkling lawns, gardens and shrubbery, watering livestock, washing household vehicles, and other similar and customary residential purposes. I. Fire Protection Service: Provision of stand-by readiness to serve water to premises through a separate fire service line connection for fire protection only, said fire service lines to be connected to automatic sprinkling system, hose attachments or hydrants. J. Gender: The masculine includes the feminine and neuter genders. K. Main: Distribution pipe line located in street, highway, public easement or private right-of-way which is used to serve the general public. L. Meter Rate Service: Provision of water in measured quantities. M. Overhead Charges: Charges which include those elements of cost necessary to the construction of an item or the performance of a service which do not become an integral part of the finished product or service. These charges may include, but are not limited to, the cost of supervision, insurance, accounting, and electricity. For any current year, these charges shall be based on costs of the past fiscal year as certified by the Director of Finance. N. Parcel: A division of land as shown in the Orange County Assessor's Book. O. Person: An individual, partnership, association, corporation or an agency of any governmental organization. P. Premises: The integral property or area, including improve- ments thereon, to which water service is provided or for which an application for water service is filed. Q. Service Area: Ail area within the City Limits of the City of Santa Ana and the area served outside the City Limits at the time of adopting this Ordinance. R. Service Connection: The tapping connection, pipe, valves, and other facilities by means of which water is conducted from the main to the meter. S. Temporary Service: A service for circuses, bazaars, fairs construction work, irrigation of vacant property, and similar uses which, because of their nature, will not be permanent. T. Theft of Water: The taking of water from any City water main, hydrant, service or facility without a meter or the written permission of the City in the form of a permit or application as provided for in the provisions of this Ordinance, or with the intent to avoid payment therefor. U. Unit of Water: 100 cubic feet V. Usaqe: Shall is mandatory; may is permissive. W. Utility: The municipal water system of the City of Santa Ana. X. Waste Water: Water allowed to flow without useful purpose. Y. Well: Excavation for the purposes of extracting water from the underground. SECTION 7401. Application for Water Service Installation A. Application: To have water service installed, an application shall be made to the Department. The application shall be made on the forms provided by the Department and in conformity with the procedure established by the Director of Public Works. B. Size and Type of Installation: The Department will endeavor to provide a regular water service installation of such size and at such location as the applicant requests, provided said request is reasonable and complies with the Municipal Code of the City of Santa Ana. Installation by the utility is neither mandatory nor compulsory and the connection may be discontinued by the utility after reasonable notice for non-compliance with any provision of said Municipal Code. The utility reserves the right to make the final determination of the size of the service connection, its location and the number of premises to be served. SECTION 7402. Application for Turninq on Water A. Application: Application to have water turned on or to trans- fer responsibility for water charges shall be made to the Department of Finance on the form provided by the Finance Department of the City and in conformity with the procedures established by the Director of Finance. B. Chanqe in Tenants: Within the meaning of this Chapter, a change in tenant occurs when the owner or his agent informs the Depart- ment that there has been a change of tenants or ownership. -2- C. Cash Deposit: Each applicant, except the record owner, who does not have a current water account with the City shall make a cash deposit at the time of filing the application in an amount estimated by the Department of Finance to be equal to the charges for water or services likely to be supplied to said property during a period of four months, but not in an amount less than Ten Dollars ($10.00). This estimate shall be based upon the size of the meter, the nature of the use of said property, and the experience with other similar users in the City. Said deposit may be refunded if and when all bills rendered have been paid before delinquent date for a period of one year. SECTION 7403. Application for Chanqe in Service Size or Location A. Application: Any person desiring to change the size or location of any water service that has been installed, shall make application to the Department for such a change. The Department, if in its judgment the change is necessary or advisable, will make the change. The applicant requesting a change in service size or location shall be liable to the City for all costs, including the cost of special boxes, vaults or equipment where it is determined that the installation of the same is necessary. B. Deposit: A cash deposit may be requested by the Department in an amount estimated to be the cost of the work before any work is started. Any balance of the costs over the deposit is due upon completion of the work. Unless such charges are paid within 35 days of the date of presentation, the supply of water will be turned off at the City curb cock and secured and shall remain off and secured until all charges, rates or penalties have been paid. SECTION 7404. Charqes for Service Installations A. Water Service: For all water services the Department shall collect in advance for each tap and attachment made with its water system an amount which the City Council shall establish by resolution. B. Fire Service: For all fire protection services the Department shall collect in advance for each tap and attachment made with its water system an amount which the City Council shall establish by resolution. C. Backflow Preventer: The Department shall collect in advance for each service requiring backflow protection an amount equal to the estimated cost. D. Larqer Size Service and Special Installations: For all large size services and special installations the Department shall collect in advance an amount estimated to cover the cost. SECTION 7405. Property of the City Ail facilities, including but not limited to water meters, meter boxes, detector checks, and fittings installed by the City, shall remain at all times the property of the City, and where replacements, repairs, or adjustment' of any facility are rendered necessary by the act, omission or negligence of the customer or of any person occupying the premises with the consent of the customer, any expense incurred by the City shall be charged against and collected from the customer. If the customer fails to pay such charges, the water may be shut off until such charges are paid. SECTION 7406. Water Rates and Service Charqes A. Water Rates: Quantitative and minimum consumption rates shall be charged in the amount which the City Council shall establish by resolution. B. Service Charqes: Charges shall be made for services rendered to provide and maintain a potable water supply and to provide standby -3- readiness in the amounts established by and for the purposes described in the resolution adopted by the City Council. SECTION 7407. Water Main Charqes and Assessments. When an applicant orders service to a parcel from a water main for which a water main charge or assessment has not been previously paid, a front foot charge shall be made in the amount which the City Council shall establish by resolution. The water main charge shall be based on the length of water main or mains more or less parallel to the boundary of the served parcel. SECTION 7408. Payment of Water Bills and Penalties A. Date Payment Due: Water rates, charges and penalties are due and payable at the Department of Finance in the City Hall on the date of billing and become delinquent 15 days after the date of such billing. Any charge for water supplied to any customer, together with any penalties or charges due to the City from such customer, or due from any person who has applied for water service, as herein provided for, shall be added to any billing being currently rendered to such person, and the same shall become a part of his current bill for water service and subject to all of the provisions of this Chapter. B. Failure of Meter to Reqister: If a meter fails to register during any period, or is known to have registered inaccurately, the customer shall be charged for an average daily consumption determined when the meter was apparently registering accurately, seasonably adjusted.l C. Penalties: A penalty of ten percent shall be assessed on all unpaid water bills 30 days after the billing date. If the bill remains unpaid 35 days after the billing date thereof, the water shall be shut off at the premises and shall remain off until all charges, penalties and fines have been paid, unless the application to have the water turned on is accompanied by evidence satisfactory to the Department of Finance of change of ownership or change in tenants. Upon the receipt of such evidence, the application for turning on water shall be pro- cessed as provided for in Section 7402. D. Turn Off and Turn On of Service: When the water has been shut off for the violation of any ordinance, regulation or requirement of the City, such water shall not be turned on again unless the violation has been corrected and all charges and penalties have been paid, unless the turn off is exempt from such payment by reason of change of person receiving service. When such turn off is made, a turn on fee of $5.00 shall be made for turning on any water service after the same has once been turned off. A fee of $2.50 shall be payable for each trip to the premises for the purpose of turning on or off a water service that has been turned off for non-payment. After a water service and meter have been installed and the service has been turned off for a period of seven days, the meter may be removed from the service. A charge of Ten Dollars ($10.00) shall be made for the reinstallation of the meter and the turning on of the water. Fees as herein provided shall be added to the next water bill issued after date of turn off, turn on, reinstallation or trip~ whichever may be the case, provided the amount is not collected in advance of the turn off, turn on, reinstallation, or trip. E. Closinq Bill: Upon the rendering of the final bill for service, the City shall not refund any credit balance or deposit of less than $1.00; any checks returned that cannot be delivered or are unclaimed shall be forfeited unless the applicant applies for refund at the City Hall. SECTION 7409. Testinq of Meters and Adjustment of Bills A. Meter Test on Customer's Request: A customer may request the utility to test the meter serving his premises. -4- The customer shall deposit an amount of $5.00 to cover the cost of such test and the deposit shall be returned to the customer if the meter is found to register more than two percent (2%) fast. The customer shall have the right to attend the conduct of the test and a written report of the test will be given to him if he so requests. B. Adjustment of Bills for Meter Error: When upon test, a meter is found to be registering more than two percent (2%) fast, the City will refund to the customer the amount of the overcharge based on corrected meter readings for the period the meter was in use, but not exceeding a period of six (6) months. When upon test a meter two (2) inches or less in size is found to be registering more than twenty five percent (25%) slow, the City may bill the customer for the amount of the undercharge based upon corrected meter readings for the period the meter was in service, but not exceeding a period of three (3) months. When upon test a meter three (3) inches or larger in size is found to be registering more than five (5%) percent slow, the City may bill the customer for the amount of the undercharge based upon corrected meter readings for the period the meter was in service, but not exceeding a period of three (3) months. SECTION 7410. General Requlations A. Meter Required: Every water service except a fire service shall have a meter installed in the service line on public property or as close to public right of way as possible, if street improvements do not permit installation on public property. B. Maintenance of Customer's Facilities: Customers shall prevent all waste of water and keep their service pipes, fixtures, stop cocks and other apparatus (except facilities owned by the City) in good repair and free from leakage and backflow at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain said facilities in good repair and free from leakage and back- flow. C. Vacated Premises: Water rates will be charged for vacated premises until the City Water Service office shall have been notified of the discontinuance of the use of water, and is requested to turn off the water. D. Admittance to Premises: Any authorized employee of the City shall be admitted at all reasonable hours to all appropriate parts of the premises supplied with water to see that the provisions of this Chapter, resolutions adopted pursuant thereto, and a~inistrative regulations published in accordance therewith are carried out. E. Unauthorized Turn-On: No one except an authorized employee of the City of Santa Aha shall turn the water on or off from or to any premises at City curb cock, or connect or disconnect, or in any w~y tamper with, any pipes in the meter boxes or with any other part of the water system of the City. F. Resale or Distribution: No customer supplied by the City shall commercially supply water to any other person on property other than the premises for which the customer has applied for service, except as may be permitted by special agreement with the Department. Water used by any customer shall be restricted to that use specified in the application or permit for said service. G. Utility Emerqency Requirements: Ail faucets, sprinklers, hose nozzles or other continuous streams must be shut off promptly upon the sounding of an alarm of fire or upon notice of other emergency or major disaster. The water shall not be turned on again until the fire is known to be extinguished or the required repairs have been made. -5- H. Shut-Offs for Extensions and Repairs: The City reserves the right upon reasonable notice, if possible, at any time to shut off the water in its mains for the purpose of making extensions or repairs, or for other purposes, and all persons having boilers within their premises not supplied with tanks or cisterns, but depending upon the pipes of the City to keep them supplied, are hereby cautioned against the danger of collapse. I. Responsible Owner or Applicant: In all cases where water is supplied to several tenants from one connection or tap, the City con- tracts only with the person designated on the application. Failure by said person to comply with the provisions of this Chapter, or with resolutions or regulations enacted or adopted pursuant thereto shall be sufficient cause to disconnect all service until said ordinances, resolutions or regulations are complied with. J. Riqht of Utility to Install Facilities: The City shall have the right at any time, and at any point for good cause, to install or change any water meter, detector check, backflow preventer, and fittings as required by this Ordinance and the customer shall bear all costs for work so performed. Failure to pay for these facilities as set forth in this Ordinance shall relieve the City of any responsibility to provide any service and the service shall be disconnected until full payment of costs, interest and penalties has been made to the City. K. Curb Cocks: These shall be a curb cock or valve in every attachment just inside the curb at a point to be designated by the City. Said curb cock and box will be supplied by the City and shall be for its exclusive use and under its exclusive control. L. Damaqe to Customer's Property: The City will not be responsi- ble for damages to buildings or their contents from any break in a water pipe beyond the street service box. Water customers shall, for their own protection, provide at their own expense another valve at the first suitable point beyond the meter. M. Unused Service Connection: Any service connection which has been installed for a period of ten years or more and has not been activated for ten years shall be considered inactive and obsolete. Any person desiring water service for such premises or any portion thereof formerly supplied by the inactive service shall make application for a new service connection and pay the current charge therefor. N. Meter Box or Hydrant Obstruction: No person shall place trash, dirt, building materials, or other objects or obstructions on or around meter boxes or on, around, or adjacent to City hydrants, and no person shall allow the said meter boxes or hydrants to become obstructed or obscured by vines, trees, shrubs, plants, or in any manner so as to make their location difficult to determine, or so as to interfere with or render difficult free access to, or use of, said meter boxes or fire hydrants. In the event of obstruction or obscuring, notice shall be given by the utility to the property served by such meter, or adjacent to such hydrant; such notice shall contain the requirement that the obstruction be removed within 24 hours. Where a meter box is obstructed or obscured so that it cannot be read, a penalty charge of $2.50 shall be made for returning to read the meter. O. Responsibility of Utility: The utility's responsibility ends at the customer's side of the meter, or, in the case of an unmetered or other special installation, where the City's facilities terminate. SECTION 7411. Fire Hydrants A. Locatioq: Fire hydrants shall be installed in locations specified by the Department. If applicant requests, and the Department approves, a change in the size, type, or location of specified hydrants may be made. The applicant shall pay any additional costs required to comply with said request. -6- B. Use of Fire Hydrants as Temporary Water Service: City fire hydrants are provided for the primary purpose of extinguishing fire and shall be opened and used only by the utility, Fire Department, or such persons as may be authorized by permit. No person shall draw water from any fire hydrant without a permit. Water shall be drawn from hydrants by use of a standard fire hydrant wrench, an auxiliary valve, and meter. Such auxiliary valve and meter shall be placed on the fire hydrant outlet with the auxiliary valve closed before any fire hydrant valve is opened. Any person using a fire hydrant without the aforesaid permit, tools and meter may be charged with theft of water. 1. Permits: a. Permits shall be issued for a period not to exceed six months. Renewals for the same location or permits for a different location may be granted only after the City has inspected the meter for damage or tampering and has determined the amount of water used as recorded by the meter and that all bills due and payable have been paid or that the amount of deposit is adequate to cover all unpaid bills or cost of repairs. b. Permits shall not be granted to any individual, business or agency known to be in violation of any provision of the Municipal Code. c. Permits shall show the name and address of the permittee, the date issued, the expiration date, the number and location of each hydrant from which water may be obtained, and the amount of money deposited. d. Deposits may be transferred from one permit to another only if all the conditions of a. and b. above have been met. 2. Deposit and Fees: Upon granting any permit under this Section, the Department shall require the applicant to make a deposit sufficient to cover cost of meter with stand, auxiliary valve and hydrant wrench. Deposits will be refunded upon the return of undamaged meter and tools and payment for water used. Ail or part of the deposit may be forfeited for failure to report the amount of water used monthl~ for failure to pay any bill or for failure to return any meter and tools issued to the permittee. 3. Rental of Meter: A meter rental rate, in addition to the cost of water used, shall be charged for each day or part of each day the meter and tools are the responsibility of the permittee. A minimum charge equal to the total of the rental fee for five days shall also be established. Said rental may be deducted from the deposit. Ail charges, fees and rates for water or facilities or equipment owned or installed by the City under this Ordinance shall be established by resolution duly enacted by the City Council. SECTION 7412. Fire Protection Service Separate Fire Service: Separate fire services shall be limited to servicing fire sprinkler systems, fire hoses and/or fire hydrants. No such service shall be used for any purpose other than for the ex- tinguishment of fire or for testing, kll such services shall be equipped with a detector check valve at the expense of the owner. SECTION 7413. Backflow and Cross-Connection Protection A. Protection of Water Service: No water service connection to any premises shall be installed or maintained by the Department unless the water supply is protected, as provided in this Section. B. State Rules Adopted: The regulations of the State Department -7- of Public Health (Title 17, California Administrative Code, Sections 7583-7622, inclusive) as they are now in effect and as they may be amended from time to time in the future, insofar as the same are applicable to the protection of the water supply of the City are hereby adopted, incorporated herein by reference and made a part hereof. C. Installation~ Maintenance and Testinq: Backflow preventive devices required hereunder shall be approved by the Department, and shall be installed at the expense of the customer. The customer shall annually test and service such devices to maintain them in satisfactory operating condition and shall overhaul or replace such devices if they are found defective. Records of such tests, repairs and overhauls shall be kept by the customer on forms approved by the Department. A copy of such records shall be sent to the Department. Tests shall be conducted and reported in a manner prescribed by the Health Department by persons certified or approved by the Health Department. D. Discontinuance of Water Service: Service of water to any premises may be discontinued by the Department if a backflow preventive device required by this Section and by rules or regulations adopted pursuant thereto is not installed, tested and maintained, or if any defect is found in an installed backflow preventive device, or if it is found that a backflow preventive device has been removed or by-passed, or if unprotected cross-connections exist on the premises, and service will not be restored until such conditions or defects are corrected. SECTION 7414. Water for Tracts A. Construction Water for Residential Subdivisions of Five or ~ore Lots: Water used for construction purposes within residential subdivisions of five or more lots shall be paid for at the charge as established by and for the purposes described in the resolution adopted by the Council for each lot in the entire subdivision. This payment shall cover all water needed for curbs, sidewalks, concrete pavement, pavement, sub-grade compaction, plastering, bricklaying, and other normal construction uses with the exception of sewer ditch flooding, and shall be taken from the service connection or fire hydrants within the tract, using meters at no additional cost for water, or from fire hydrants under the provision of Section 7411. The charge per lot shall provide for water from the service connection or hydrants within the tract boundaries only and for the construction activities specified above and for any other use such as developing lawns and watering plantings on the lot for a period of four months from the time the payment is made, or service is installed, or until the utility release for the house or building is issued, whichever occurs first. Thereafter, all water used shall be charged for at the regular rates. B. Construction Water for Commercial or Industrial Subdivisions of Five or More Lots: Water used for construction purposes within commercial or industrial subdivisions of five or more lots shall be paid for at the charge as established by the Council for water from fire hydrants under the provision of Section 7411. C. Application for Water Mains: Owners of a new tract or of a subdivision of land, who are required to install water mains and hydrantsi as provided for in the Subdivision Ordinance, shall make application to have said water mains and fire hydrants laid in said tract or subdivision. Water mains and fire hydrants shall be as determined by the Department to properly supply said tract or subdivision, having due regard to the requirements of adjacent lands and growth of the City. The Department shall charge and collect in advance for such water mains, fittings and hydrants as it deems necessary at the rate which the City Council shall establish by resolution. In cases where the applicant requests and is granted a main larger than deemed necessary by the Department, the applicant shall pay the entire cost. -8- SECTION 7415. Private and Mutual Water Companies Operatinq Within City Limits Upon notification in writing by the Director of Public Works a water utility operating within the City Limits shall: 1. Furnish the Department a detailed map showing the size, location, and depth for all pipelines, hydrants, valves, meters, pump stations, booster stations and other facilities used for the production, distribution or sale of water. Thereafter, copies of current maps and drawings shall be furnished the Department annually. 2. Notify the Fire Department and the Department of Public Works at least 24 hours before any area is to be taken out of service for construction, inspection and maintenance or, in the case of an emergency, immediately upon occurrence of same. 3. Install all new facilities to meet the minimum American Insurance Association requirements for fire protection in the same class as the City is rated. 4. Submit two sets of complete plans and obtain the necessary permits for the inspection of any work performed on or in public rights of way and obtain a building permit to perform any plumbing or piping on or in private property or easements. SECTION 7416. Certification of Water Supply Before the issuance of any permit or variance or the signing of any tract map, parcel map, lot split, or improvement plans, a certification must be obtained from the Department stating that the water system supplying said property meets the requirements for the last classification of the City of Santa Ana by the American Insurance Association in suppl~ distribution facilities and fire hydrants or that the property is or will be served by the City. SECTION 7417. Drillinq and Abandoning Wells A. No person shall drill for water within the corporate limits of the City without first obtaining a permit therefor from the City Council. Water wells drilled shall comply with Water Well Standards: State of California Department of Water Resources, Bulletin 74. B. Ail wells within the corporate limits of the City, not in proper repair and condition for immediate service or not being used for water level or quality records, shall be abandoned and plugged as pre- scribed by the Public Works Department. Any person or agency, when abandoning any well within the corporate limits of the City, shall obtain a permit from, and perform work to the standards required by the Public Works Department. SECTION 7418. Wasting Water On or Over City Property It is unlawful for any person or agency to waste water by running said water over or upon City curbs, gutters, or streets, or other City property without a permit from the Department. The running of waste water upon City property shall constitute a hazard to the maintenance of the structural properties of City facilities and to the people for whom the use of said property has been provided. Any land outside of the corporate limits where the City may purchase or acquire the water system shall receive water service at such rates as the Council shall establish by resolution. SECTION 7419. Service Outside the City Limits No service connections shall be made with the water system of the -9- City for the rendering of water service in any area not within the City Limits, and no service to any area within the City Limits shall supply water to any area outside of the City Limits, even though such areas outside the City Limits may stand of record as owned by the same person or persons receiving water service on adjacent land within the City Limits. However, when the record owner of any parcel of land has signed a petition requesting that said land be annexed to the City, and filed the same with the Clerk of the Council, temporary connections may be made with the water lines of the City for use on said land, and water may be provided from the City water lines for use on said land through such temporary connection during the annexation proceeding. If, for any reason, said land is not annexed to the City, such temporary service shall be terminated upon the termination of annexation proceedings, and the water lines shall be physically disconnected and no further water shall be provided to said land until a further petition has been filed as herein provided. Any land outside of the corporate limits receiving water service from the City on the effective date of this Ordinance may continue to be served, subject to all of the provisions of the Municipal Code of the City of Santa Ana. Double the rates, charges and penalties as herein specified for service within the City Limits shall be charged for service to customers outside the City Limits, except those services receiving City water at regular rates at the time this Ordinance is adopted. SECTION 3: That this Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the ]6th day of ~p~mh,~ 1968. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SANTA ANA ) I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the Rrd day of Smotmmber , 1968, and was again considered by said C~uncil at its regular meeting held on the 16%h day of September , 1968, and at said meeting w~s passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herrin, Brooks, Griset, Markel, Thurman, McMichael NOES, ABSENT, COUNCILMEN: None COUNCILMEN: Carlson CLERK OF THE COUNCIL -10-