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HomeMy WebLinkAboutOrdinances_1441_CCv0001.pdf ORDINANCE NO. 1.441 AN ORDINANCE AMENDING CHAPTER. 59 OF THE REDLA DS ORDINANCE CODE ADOPTING AND PRESCRIBING TATE RULES AND REGULATIONS GOVERNING THE WATER DEPARTMENT OF THE, CITY OF REDIANDS,< CALIFORNIA, AND RES- CINDING DIN ORDINANCES NO. 1311 AND 1341. The CITY COUNCIL of the City of Redlands does ordain. That Ordinance No. 1441 of the City of Redlands provides as follows: SECTION l WORDS AND PHRASES. For the purpose of this ordinance all words used herein in the present tense shall include the future; all words in the plural number shall include the singular number; and all words inthe' singlar number shall include the plural number-, SECTION 2 Whenever in this ordinance the Billowing words and phrases set forth in this section are used, they shall, for the purpose of this ordinance have the meanings , respectively ascribed to therm in this section ""BOARD" The City Manager, Director of Public Works and Water Superintendent of the City of Redlands_ ""SERVICE CONNECTION" The tapping..: of water mains and the laying of pipes from the main to the curb line and the setting of the meter and meter box. "FIRE CONNECTION" The tapping of water mains and the laying of pipes from the rain to the curb line and the setting of the shut-off valve, flow detection device and vault. "COST" Labor, material, transportation expenses , supervision, engineering and all other necessary overhead expenses "DIVISION" The Water Division of the City of Redlands, its Superintendent and Engineer, appointed officers and any other persons or bodies invested with responsibility and jurisdiction in matters pertinent to said Water Division SECTION 3. SIZE AND LAT IOC;a The Board reserves the right to determine the size of service connections and their location with respect to the 'boundaries of the premises to be served. The laying of consumer ' s pipe line to the meter shall not be done until the location of the service connection has been approved by the Board. SECTION 4. CURB COCA Every service connection installed by the Division shall be equipped with a curb cock or valve on; the inlet side of the meter, which valve or curb cock shall be for the exclusive use of the Board in controlling the water supply through the service lateral. It is farther provided that, if the curb cock or valve is damaged by the consumer ' s use to an extent requiring replacement, such replace- ment shall be made at the consumer ' s expense® SECTION 5» PRESSURE CONDITIONS, All applicants for service connections or water service shall be required to accept such conditions of pressure and service as are pro- vided by the distributing system at the location of the proposed connection, and shall agree to held. the Division blameless for any damages arising out of low pressure or high pressure conditions or interruptions of service. SECTION 6 . FRONTAGE C E. Before water shall be supplied to any premises which are conti- guous to a main installed after December 4, 1956, and paid for by a subdivider, person or agency,: a charge of $4.00 per foot of the premises adjacent to the mai..n shall be paid as a water main construction charge-. In the event the main: is for the purpose of serving one side of a. street` only, the charge shall be $8.00 per foot. The said charge shall be paid at time of application for service and shall be in addition to the ser- vice connection charge. That $3.04 of each $4. 00 in the total amount so collected shall be refunded to the person, or persons, corporation or agency originally paying for said water main to which the connection has been rade. See section 20d for rules governing application for refunds. any property for single family dwelling that has more than one frontage side shall pay the frontage charge for one: half of each frontage side. SECTIONi CATER RENT'S. Water rents are due and payable at the office of the City of Redlands Water Division on date of mailing; bill to the property owner or his agent as designated in the application and shall: be delinquent 15 days thereafter. Service may be discontinued without further notice Ordinance No,. 144 Page two if payment of the water rent is not made prior to the date such rent becomes delinquent- if said owner or agent pays for water service on more than one piece of property or unit, service may be discontinued on all properties for failure to pay on any one property. Service= will not be turned on again except upon payment of all: amounts due, together with a charge of $5 .00 for turning on the grater or making the collection call and a deposit of $25 .00 or an amount equal to three tunes the average or estimated monthly consumption, whichever is the higher, for each applicant for such water service. Provided, however, that if the applicant has established satisfactory credit with the Division, the deposit charge may be waived by said Division- Failure to receive bill does not relieve consumer of liability.. Any amount due shall be deemed a debt to the City of Redlands , and any person, firm or corporation fading, neglecting or refusing to pay said indebtedness shall be liable to a civil action in the name of said City,, in any courtorcompetent jurisdiction for the amount hereof. SECTION 8. MAINTENANCE OF SERVICE AND CONNECTIONS. The services and connections extending from the water main to the meter and including the meter shall be maintained by the Division. All pipes and fixtures extending from the meter or lying beyond the meter shall be installed and maintained by the owner of the property. In the event that a property owner who has service from more than, one water supplier elects to discontinue service from the City of Redlands;, the service lateral shall be removed and service will be resumed by the City Ripon payment of the rate established by the.; City Council for a new service connection In the event that water service is maintained from; two water agen- cies, adequate backflow protection shall be provided for the City system as provided for in Ordinance No. 1330.. SECTION 9. PROPERTY OWNER' S GUARANTEE, The water charge shall begirt when a service is installed and the meter is set. Before the eater shall be turned on by the Division for any purpose whatsoever, the property owner or his authorized agent shall first sign a form in which he guarantees the payment of future water bills for the service required. The property owner will be held liable for water used until the Division is notified in writing; to discontinue the service, In the event any bill remains unpaid at the time property ownership changes, the unpaid amount shall: be a lien against the pro- perty and must be paid before the Division; will recon ence service t a new property owner-;. The property owner shall.; notify. the Division in writing in the event the authorized agent is changed. Ordinance No. 1a x-4.1 Page three f f " SECTION 10. WATER USED WITHOUT REGULAR APPLICATION BEING MADE, A person, firm, or corporation taking possession of premises and using water from an active service connection without having made appli- cation to the Division for water service, shall be held liable for the water delivered from the date of the last record meter reading, and if the meter is found inoperative, the quantity consumed will be estimated. If proper application for cater service is not made upon, notification to do so by the Division, and if accumulated bills for service are not paid immediately, the service may be discontinued by the Division with- Gaut further notice-. SECTION11.. TURNING ON AND OFF WATER- SUPPLY. No charge will be made for turning on and shutting off the water supply when requested by the consumer for the closing of an old account or the beginning of a new one. When service has been discontinued on account of non-payment of water bills , or collection is made at the premises when service has been ordered discontinue , or for any other infraction of the rules, a charge of $5 .00 will be made by the Division. If the Division representative is in any way prevented from discontinu- ing service or if service is turned back on by other than an authorized representative, the Division, may take any further steps it deems neces- sary to effect the disconnection and the full cost of all such efforts plus the estimated cost of reconnection must be paid in full before service will be restored.. This said amount plus outstanding bills and deposit in an amount equal to $25.00 or three times the average or estimated monthly consumption, whichever is greater,, will be required to be paid by the consumer_ before service will be renewed. The Division, upon request, day or night and without charge will shut off the; water supply for emergency purposes at the curb cock, and it is understood that the Division will turn on the water supply when repairs are made. SECTION 12. DAMAGES THROUGH LEADING PIPES' AND FIXTURES. When turning on the water supply as requested and the house or property is vacant, the Division will endeavor to ascertain: if water is running on the inside of the building_. If such is; found to be the case, the water will be left shut off at the curb cock on the inlet side of the meter. The jurisdiction and responsibility of the Division shall end at the meter and the Division will in no case be liable for damages beyond the meter. SECTION 13. MAINTENANCE OF WATER PRESSURE AND SHUTTING DON FOR EMERGENCY REPAIRS, The Division shall not accept any responsibility for the maintenance of pressure and it reserves the right to discontinue service while making etiiergency repairs or for ether cause, which in the discretion of the Division necessitates such discontinuance. Consumers dependent upon con- tinuous cater supply should provide their own emergency storage or water.. Ordinance No. 1.441: Page four 3m, f Si SECTION 14. DOMESTIC, COMMERCIAL, I RR I AT I ON AND INDUSTRIAL SERVICE C }NNECT I Cllr k a) Each parcel,- of land under separate ownership must ,be provided with a, separate service, and any violation thereof will be sufficient cause for the Board to remove the service until the said violation is corrected and a fee of $5.00 paid for reconnecting the service. Two or more dwelling units under one ownership and on the same lot or parcel, of land may be supplied through the same service, provided,- however, that the: Board shall reserve the right to limit the number of dwelling units or the area; of land under one ownership to be supplied by one service. b) Not more than one service for domestic, commercial, irrigationor industrial supply shall be installed or used for one business or parcel of land; except under special conditions , and by consent of the board-. c) When property provided with a service is subdivided, each ser- vice shall be considered as belonging to the lot or parcel of land upon which it fronts. SECTION 15 . FIRE AND PROTECTIVE SERVICE CONNECTION`. a) This service; shall be used only for water consumed in the extinguishing of fires. Upon the completion of the installation, the valve governing the same will be closed and sealed and shall remain so until a written order is received from the owner of the premises to have the water turned on, the board shall not be held liable for damages of any kind whatsoever that may occur to the premises served by reason of the installat;ion maintenance, use, fluctuation of pressure, or interrup- tion of supply. b If water is used through a fire connection for any other purpose than the extinguishing of fires , the board shall have the right to place a meter on the fire connection: at the owner ' s expense or to shut off the entire water supply from such premises. Upon the installation of such. meter, the water rates 8. , Te as adopted by resolution under provisions of Section 27` herein shall apply. c) The Board shall have the right to take a domestic, commercial or industrial service from the fire connection at the curb to supply` the sane premises as those to which, the fire service connection belongs . The Board shall also have the right to determine the proportion ;of the installation costs properly chargeable to each connection, if such. segregation of costs shall become necessary; d) The Board reserves the right to install on all.. :fire connections a check valve of a type approved by the National hoard of Fire Under- writers and to equip the same with~a by-pass meter such. installations Ordinance No. 1.44.:1. Page; five Fy shall be at the expense of the owner of the property and the regular domestic water rates as sot forth by resolution hereof shall apply for all water used through such service except for fire protection purposes only. SECTION lir. SUPPLY FROM FIRE T pDRA . aj An applicant for temporary use of water from a fire hydrant must secure a permit therefore from the Water Division or Fire Depart- ment and pad* the regular fee charged for the installation and removal of a meter to be installed on said hydrant, or inthecase of an unmetered installation for the permits required for such usage, b` Each applicant shall provide himself with a hydrant wrench, necessary to operate such hydrant, and: install a separate shutoff with restricting orifice to minimize damage to hydrant and mains , If a hydrant ;is damaged by the consumer ' s use to an extent requiring repair or replacement such repair or replacement shall be made at the const- mer'° s expense. SECTION 17. DAMAGE TO METERS-.; The Board reserves the right to set and maintain a meter on any connection. The water consumer shall be held liable, however, for any damage to the meter clue to his negligence or carelessness and particu- larly for damage caused by hot eater or steam from the premises . It shall be the responsibility of the owner of the property to protect the meter and the inlet valve to the teeter from physical- damage . The cast of repairs to the meter or inlet valve; as a result of such physical damage shall be included in the next Water bill, SECTION 18 . METER TESTING. When the accuracy of a water teeter is questioned the Division upon, request will cause an official test to be made at its own expense..- The consumer shall be duly notified of the time and place of such test and may be present before any such test will be made by the Division. The meter will be tested on variable rates of delivery and if the average; registration is more than two per cent in excess of the actual quantity of water passing through the meter, the Division shall.. refund to the consumer the overcharge based: upon the test, for the prior twelve Months, unless it can be shown that the error Was due to some cause for which the date can be fixed. In the; latter case, the overcharge shall be eo-m- puted back to and not beyond such tithes-. SECTION 19. TAMPERING WITH CITY PROPERTY. No one except an employee or representative of the Board s a ll at Ordinance No. .1.441 'age six any time in any tanner operate the curb dicks or valves, main cocks, gates or valves of the City ' s system, or interfere with meters or their connections, street mains or other parts of the water systema SECTION 0 . APPLICATION FOR MAIN EXTENSION. SION. Any owner or owners or subdivider of a single lot , subdivision or tract of land desiring the extension of water mains and services to each lot, subdivision or tract of land shall rake such application to the Board. a)' Application for Main Extension. Any owner or owners or sub- divider of ub-divider' of a single lot, or subdivision or tract of land within the City limits desiring the extension of water mains and services to each lot, subdivision, or tract of land shall make; application to the City Water Division and after initial application the applicant shall be subject to the following procedure: l The Division shall design the water system tea serve such lot , subdivision, or tract and make available such design and specifications to the applicant. plans shall be prepared by a Civil Engineer incor- porating such design and specifications and present same to the Water Division for approval. Upon approval such: plans become the property of the Division ? The applicant shall lay all mains within the tract, contiguous to and the full length of the tract, and such connecting lines as may be needed to connect such lot , subdivision, or tract to the nearest main of suitable size and pressure. This shall include all control valves and fire hydrants , and a connecting lateral to each lot within the sub- division. tract, or lots owned by the applicant adjacent to the: new main . The applicant shall notify the Water Division and furnish band in the amount of the estimated cost, prior to the construction of such mains and pay the Division twenty cents (20c) per lineal foot for inspection of all such mains installed. This payment to be made before the begin- ning of the. installation. 3 In lieu of the applicant making such installations, he may request the City of Redlands to do all the work and supply all the materials, and the said Board at its sole discretion shall accept or reject such installation job. If the said City agrees to do such work< and to supply the materials thereof, the subdivider or owner will pad` to the City of Redlands Water Division:-, the total estimated cast: of such installation plus ter, per cent before commencement of such work. b Size of mains. The subdivider or lot owner shall pay the folk Ordinance No. 1441 Page seven f ykr�re wl cost of the mains installed not to exceed eight inches (8„) nominal diameter, unless the size of the subdivision or other requirements of the development requires a larger main. In such case, the owner or subdivider will pay the total cost, regardless of size. if the City requires a line larger than eight inches (8") to be used as a trans- mission line, such transmission line ,shall be laid by the City of Redlands and paid for by the owner or subdivider with an allowance made by the City to cover the difference in cost of the materials used between: eight inches (8") and the size actually used. To compensate for the additional cost due to labor and other reasons as a result of installing lines greater than 8" in size, the allowance for the difference in material cost will. be increased by thirty percent 30%) . If for any reason the City cannot make the installation of any line over "" in size, the owner or subdivider may have a properly qualified licensed contractor male the installation. The City shall: determine the amount of allowance for lines over „ in size according to the material coats available to the City. c) All mains laid shall become the property of the City of Redlands Water Division after final inspection and acceptance= d); Refunding of the Costs Within City Limits There shall be no refunding of any costs for the laying of any mains within the develop- ment or for connections to lets within the development or for connections to any lot contiguous to the mains that had a connection prior to the installation of the new main. For all new con;nections '"to hots contiguous to all such mains laid by the owner or subdivider and not within the tract or subdivision , the City of Redlands Water Division shall refund: to the original applicant~ $3.00 of each $4. 00 collected in accordance with Section 6, which refund agreement shall not be transferable except to legal heirs and assigns and inanyevent no refunds shall be made and the agreement shall terminate, ten years from completion of such neva main The person entitled to such a refund shall make application for refund to the Water Division. If the applicant does not apply for the refund by July lst of each year for all connections made during the pre- ceding calendar year, such money shall be transferred to the operating, budget of the Water Division and the applicants shall forfeit all claim to such money. Three such consecutive annual forfeitures shall termi- nate er -nate the refund contract, and all moneys accruable under the contract shall become the property of the City of Redlands Water Division. e) Main Extensions to Lots or `tracts outside City limits. The lot~ owner or subdivider of any approved lot, tract, or subdivision outside the City of Redlands shall install all:: mains , laterals,; connecting lines , Ordinance No. 1441 Page eight k and other installations as may be needed to serve cater under proper pressure and volume to each lot within the tract or subdivision. before commencement of construction the applicant shall furnish bond for the estimated cost and shall pay to the. City of Redlands forty cents ( ' per lineal foot inspection fee for all mains to be laid. The applicant shall give free and clear to the City of Redlands any and all eater stocks or well rights used on the lot or tract desiring service before any services or extensions are made, pursuant to the rules and regula- tions as set forth in Ordinance No. 1322. Any person constructing water lines for service outside the City limits - shall be refunded their costs on the same basis asset: forth in subsection (d) of this Section. f) If, for any reason, the development of any lot or tract males it necessary to move, lower, or in any manner change any existing water lines , such moving, lowering, or changing shall be done by the developer at his expense. It shall be the responsibility of the developer of the land to furnish a drawing by a civil engineer showing all water lines, both: new and existing in their location in relation to the finished development Any damage done to existing lines during: the development of the lot or tract shall be paid for by the developer. Failure to make or pay .for .such changes or repairs shall be reason for the Division to refuse water service to the lot or tract until such changes or repair are made or paid for in fill. SECTION 21. APPLICATION FOR SERVICE. Upon application for water service each applicant shall be required to sign an Application for Service, wherein. the; City of Redlands is released from all liability by applicant that may be caused by water escaping or flowing from any cater pipe,, Mase, water conduit , faucet; hydrant, valve or other connections or appliance at any point within said premises , and wherein applicant also guarantees payment of all sums to become due for water service furnished in pursuance of the said appli- cation until notification to the tater Division to discontinue or trans- fer such service. If upon application for water service a service connection is found to have produced no revenue in they twenty years , immediately prior to date of application and the service has been physically disconnected from the main, such connection will be considered abandoned and: all `re- quirements under this Ordinance shall be in effect in establishing a new. service connection.. SECTION 22. REFUNDS AND ADJUSTMENTS, MENTS If for any reason a consumer beco,,�aes entitled to a refund such as for overpayment of a closing bill, or other just cause, a demand shall be made by said consumer to the Division for refund of such overpayment Ordinance No. 1441, 'age mine: and subject to approval of the Board, a City Tarrant shall be issued to the consumer in the amount of said overcharge, or in the event the overpayment was made, can a. bill which is not a closing bill,; the amount overpaid shall be credited to consumer ' s account. SECTION 23. DISPUTED BILLS. In the event of a complaint by a consumer that his water bill is excessive, a re-read shall be mace on; the ureter and a check shall be jade to; determine in particular if there are leaks in the meter. Should no leak in such meter be found, then- upon: request of the consumer, the ureter shall be removed, and be subject to a: test upon it as set" forth ini detail in Section I.S.. In the event the meter tests within the approved limitations, and the consumer continues to question the water bill, a. personal investigation of said premises served by the meter shall be made by the Water Superintendent, or his appointed representative. Should said investigator find no reason to adjust said bill, he shall refer the disputed bill to the Board for a final ruling, subject to the rights of the consumerto appeal the ruling to the City Council. SECTION 24. DEPOSITS. The Water Division may require a, deposit; from applicants who have not established credit. 'l:h.e amount of this deposit shall be $25.00, or a sum equal to threemonths ' minimum charge for services rendered, whichever is the higher. This deposit shall be refunded at the end of one year without interest, or at an earlier date if the consumer orders the service discontinued, provided that the water bills have been paid in full.. SECTION 25 .. IRRIGATION SERVICE. "There shall be no new connections made for irrigation services, nor shall there be any connections made to serge water at any reduced rate below the regular domestic rate as set forth in this ordinanceAny existing irrigation connections will continue to be served,, as provided any one of the following conditions are continuously f-1I ill d4 l Consumer shall have forth ( or more edible fruit-bearing trees on the property served by the existing meter. Consumer shall have a minimum of three quarters of an acre under cultivation and producing commercial crops 3 Consumer shall have a minimum of one l acre in pasture and such pasture shall be used for the feeding of animals raised for colim er' cial purposes . Ordinance No. 1.441 Page ten r, s Ci r2F All irrigation rates shall be subject to study and annual revision. Should an irrigation service be discontinued for any reason, the ser- vice when resumed shall be charged at the domestic rate. SECTION 26. CROSS CONNECTIONS .. No person, firm or corporation shall install or maintain any phy- sical connection between any private source of water supply and., the city water supply; provided, however, that subject to the approval of` the Board of Health of the. State, the said City may maintain emergency' connections with Cather public utilities serving cater. SECTION 27 . RATES AND CHARGES. All cater rates and charges shah be set by a formal resolution' of the City Council of the City of Redlands . SECTION 28. Any person , firm or corporation violating any of the provisions of this Ordinance shall be deemed; guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding rive Hundred Dollars 00.00) or by imprisonment for a term not exceeding six f months, or by both such fine and imprisonment.. SECTION 2 If any section, subsection, sentence, clause or phrase of this ordinance is , for any reason, held to be unconstitutional, illegal or unlawful-, such decision shall not, affect the validity of the remaining portion of the ordinance. The City Council hereby declares that it could have adopted this ordinance irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared unconstitutional, illegal or void. SECTION C. All ordinances or parts of ordinances in conflict herewith are hereby repealed.. It is intended that this ordinance shall repeal Ordi- nance No. 1311 of the City of Redlands, entitled " Ordinance Adopting; and Prescribing the Rules and regulations Governing the Water Depart- .ent of the City of Redlands , California. ," adopted on the 12th day of March, 1966, and Ordinance No. 1341, entitled "An Ordinance of the City Council of the City of Redlands Amending Ordinance No. 1.: 11 prescribing the Rules and regulations; Governing the Grater Division of the City o Redlands, California ," adopted on the 15th day of August, 1967 , Ordinance No. 1441 Page eleven r SECTION 31. This ordinance shall be in force and take effect as provided by law, SECTION 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same: to be published since In the Redlands Dally Facts, a daily newspaper hereby designated for that purpose. o 7 Mayer of the City of fie' lands ATTF T 7-- Ci APPROVED FOR FORM: sl Edward F-. Taylor City Attorney , Peggy A. Moseley, do hereby certify that the foregoing ordinance was dimly adopted at a regular meeting thereof held can the 180711 day of MaR;= , 1971, by the following vote. AYES Councilmen De.Mirjyn, Knudsen, illerr, Sewall, Mayor C"up-nn ng NOES ion ABSENT - None r ordinance No 1441 Page twelve