CITY COUNCIL AGENDA ITEM NO. %
Meeting Date: November 12, 2013
Subject/Title: Second reading of Ordinances of the City Council of the City of Brentwood
amending in their entirety the following Chapters of the Brentwood Municipal Code:
Ordinance No. 918 - Chapter 14.01 Municipal Water System; Ordinance No. 919 - Chapter 14.10 Cross-Connection Control; Ordinance No. 921 - Chapter 8.16 Garbage;
Ordinance No. 920 of the City Council of the City of Brentwood amending Title 3 of the Brentwood Municipal Code to add a new Chapter 3.26 Utility Billing.
Prepared by: Chris Ehlers, Assistant Director of Public Works/Operations Denise Davies, Chief Financial Operations Officer
Submitted by: Bailey Grewal, Director of Public Works/City Engineer
Pam Ehler, Director of Finance and Information Systems
RECOMMENDATION
Waive second reading and adopt Ordinances of the City Council of the City of Brentwood amending in their entirety the following Chapters of the Brentwood Municipal Code:
Ordinance No. 918 - Chapter 14.01 Municipal Water System; Ordinance No. 919 - Chapter 14.10 Cross-Connection Control; Ordinance No. 921 - Chapter 8.16 Garbage;
Ordinance No. 920 of the City Council of the City of Brentwood amending Title 3 of the Brentwood Municipal Code to add a new Chapter 3.26 Utility Billing.
PREVIOUS ACTION
On October 25, 1977, the City Council adopted Ordinance 287 which regulated the collection and disposal of solid waste in the City of Brentwood; provided for charges for the collection and disposal thereof and penalties for violation; repealed Ordinance Nos. 28 and 266; and replaced in its entirety Brentwood Municipal Code (“Municipal Code”) Chapter 8.16.
On August 24, 1982, the City Council adopted Ordinance 337 which amended Municipal Code Chapter 8.16 and provided for the abatement of Solid Waste nuisances.
On October 26, 1982, the City Council adopted Ordinance 343 which added Chapter 14.1 to the Municipal Code relating to Water.
On April 9, 1991, the City Council adopted Ordinance 490 which deleted Municipal Code sections 8.16.090 and 8.16.110; and which amended section 8.16.100 Receptacles required— specifications, placement and collection.
On August 9, 1994, the City Council adopted Ordinance 539, which amended Municipal Code Chapter 14 to renumber Sections 14.01.491 to 14.01.490; added Chapter 14.10; and instituted a Cross-Connection Control Program to protect the Public Water System.
On May 23, 2000, the City Council adopted Ordinance 634, which amended Municipal Code Chapter 14, Sections 14.01.110 and 14.01.580 related to Applications for Service and Delinquent Accounts.
On September 24, 2002, the City Council adopted Ordinance 720 which amended Municipal Code Chapter 14.01, Section 14.01.580 pertaining to Delinquent Accounts.
On March 11, 2003, the City Council adopted Ordinance 737 which amended Municipal Code Section 8.16.100 Receptacles required, specifications, placement and collection.
On April 22, 2003, the City Council adopted Ordinance 741 which amended Municipal Code Chapter 14.01, Sections 14.01.350, 14.01.580 and 14.01.600 related to the Municipal Water System.
On October 22, 2013, the City Council introduced and waived the first reading of Ordinance No. 918 amending in its entirety Chapter 14.01, (Municipal Water System), of the Brentwood Municipal Code; Ordinance No. 919 amending in its entirety Chapter 14.10, (Cross-Connection Control), of the Brentwood Municipal Code; Ordinance No. 920 amending Title 3 of the Brentwood Municipal Code to add a new Chapter 3.26 (Utility Billing); Ordinance No. 921 amending and renaming “Chapter 8.16 (Garbage)” to “Chapter 8.16 (Solid Waste)” of the Brentwood Municipal Code.
BACKGROUND
The City’s Municipal Garbage Ordinance was adopted in 1977 and has been amended five (5) times over 36 years. The Water Ordinance was adopted in 1982 and has been amended seven (7) times over 31 years. The Cross-Connection Control Ordinance was adopted in 1994 and has not been amended in 19 years. In addition, the Municipal Code has billing provisions for the City’s utility services contained in multiple chapters.
Rather than making piecemeal edits, over the years there have been enough regulatory, operational and industry standard changes to water and solid waste services that staff believes comprehensive revisions to the above chapters should be made. The proposed revisions provide for continuity between the utility service chapters and sections without being duplicative or contradictory. While many of the edits are non-substantive, staff believes that the following revisions merit particular attention.
Municipal Water System and Cross-Connection Control
The current code allows a one-time fee for development and unmetered water. The proposed revisions require that all water be metered.
The current code allows for a leak credit, but is not particularly specific in its description, thereby causing frequent questions and uncertainty. The proposed code has specific language defining particular leaks and the Utility Billing chapter now contains how utility accounts will be credited.
The proposed code includes meter test procedures which are not currently contained in code.
The proposed code adds drought and conservation provisions that conform to the City’s Urban Water Management Plan.
The proposed code includes more accurate cross-connection and backflow protection definitions and requirements.
Garbage
The existing code allows outside haulers to work within the City’s franchise area with Director approval. The proposed code now documents the requirements that the outside haulers must obtain a City business license and requires payment of all applicable franchise fees as set in the Cost Allocation Plan.
Although mandatory service requirements exist in the current code, as written the provisions have been difficult to enforce. The proposed code revises the mandatory service requirements to, among other things, provide the City with greater enforcement authority.
The new code incorporates the requirements of AB 341 related to mandatory commercial recycling. The existing code does not include procedures for the enforcement of continuing recycling contamination. The proposed code establishes staff procedures for instances when a customer continues to contaminate recycling.
Utility Billing
Staff has removed billing provisions from the water and solid waste chapters and has created a new Chapter 3.26 (Utility Billing) which will encompass billing provisions for all three City utilities (Water, Wastewater and Solid Waste).
The proposed chapter allows for the payment of security deposits when customers have demonstrated a record of nonpayment, which are not clearly specified in the existing code.
The existing code does not have a set procedure to make billing adjustments due to defective meters. The proposed code provides clear language on how to make billing adjustments due to defective meters.
Council/Administrative Policy 10-1, Reimbursement for Water and Sewer Extraordinary Costs and Related Policies will be deleted by separate resolution at a future meeting since it has been superseded by the Cost Allocation Plan and the Ordinances.
If introduced and adopted by the City Council, the new utility service and billing chapters will go into effect thirty days after the second reading of the ordinances.
FISCAL IMPACT
In order to ensure cost recovery, new administrative costs resulting from the adoption of the ordinance will be considered as part of an amendment to the Cost Allocation Plan at a future City Council meeting.
Attachment: Ordinances
ORDINANCE NO. 918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING IN ITS ENTIRETY CHAPTER 14.01, (MUNICIPAL WATER SYSTEM), OF THE BRENTWOOD MUNICIPAL CODE
WHEREAS, the City's Municipal Water System Ordinance was adopted in 1982 and
amended in 1986, 1989, 1994 and 2003; and
WHEREAS, City staff recommends amending the ordinance to reflect changes in law,
and to better reflect the current needs of the City; and
WHEREAS, the City Council has considered the staff report, environmental
determination, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Brentwood: Section 1.
The Council finds that this action is exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b) (3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.
Section 2.
Chapter 14.01 of the Brentwood Municipal Code is deleted in its entirety and replaced with the text as set forth in Exhibit “A,” attached.
Section 3.
This ordinance shall be published in accordance with Government Code Section 36966 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause the text in Exhibit “A” to be entered in the City of Brentwood Municipal Code. This ordinance shall take effect and be in force 30 days following its adoption.
Section 4.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 22nd day of October, 2013, by the following vote:
AYES: Barr, Bryant, Clare, Taylor, Stonebarger
NOES: None
ABSENT: None ABSTAIN: None
And was adopted at a regular meeting of the Brentwood City Council on the 12th day of November, 2013, by the following vote:
Exhibit “A”
ARTICLE 1 PURPOSE OF CHAPTER
14.01.100 Purpose and Policy.
The purpose of this Chapter is to establish rules and regulations to govern the general operation of the City’s Water System to provide an efficient and economical water supply.
The City Council has the power to adopt by resolution Administrative Policy and a Cost Allocation Plan which will further the purpose of this Chapter, and which do not conflict with the provisions herein.
14.01.110 Severability.
If any section, subsection, clause, phrase or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion will be deemed a separate, distinct, and independent provision, and such holding will not affect the validity of the remaining portions thereof.
ARTICLE 2 DEFINITIONS
14.01.200 Definitions.
For the purposes of this Chapter, the following words and phrases will have the meanings respectively ascribed to them by this Section:
Administrative Policy: Rules and policies contained in resolutions adopted by the City Council which, in addition to the provisions of this Chapter, govern the operation of the water system. Applicant: A person, business, or authorized agent thereof applying for water service, water Service Connection, or water main extension.
City: The City of Brentwood, a municipal corporation, and its duly authorized representatives. Cost Allocation Plan: A report that presents the analysis of computing overhead charges for Citywide and department specific programs, as well as specific user fees and charges. It includes the schedule of all such fees. The Cost Allocation Plan is approved by resolution of the City Council.
Cross-Connection: Any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover assemblies, or other assemblies through which backflow could occur, will be considered to be cross-connections.
Customer: A person, business, or other entity supplied or entitled to be supplied with water service by the City.
Director of Finance and Information Systems: The person holding this position in the City. Fire Chief: The chief officer of the applicable fire service provider.
Main Extension: The addition of mains beyond existing facilities, up to, but not including Service Connections.
Mains: The transmission or distribution pipe lines of the water system.
Meter: The City’s approved measuring device, installed for, and owned by the City, which is used for the purpose of accurately recording the consumption of water used by Customers. Premises: A lot or parcel of real property under one ownership, except where there are well-defined boundaries such as walls, fences or hedges, which prevent the common use of the property by all occupants, in which case each portion will be deemed separate Premises. Apartment houses and office buildings and structures of like nature may be classified as single Premises.
Private Fire Protection Service: Water service and facilities for sprinkler systems, hydrants, hose reels and other facilities installed on private property for fire protection.
Public Fire Protection Service: A duly organized public authority of the State of California that provides fire protection services.
Service Connection: The City’s facilities that connect with the Customer’s facilities. In general, the Service Connection includes the pipeline laid from the Main Extension to the property or curb line, up to and including the meter box, meter, and associated fittings. The Service Connection does not include equipment that is the responsibility of the Customer, such as the pipeline from the meter box, control valve and other necessary or required fittings to provide water to the Premises from the meter box.
Standard Plans and Specifications: A set of standard public works specifications for construction, alteration or repair of facilities within or connected to the City’s Water System, as amended from time-to-time by the City.
Temporary Water Permit: The permit required of anyone using water for construction or other temporary purposes.
Water System: The services, facilities and available water furnished or made available by the City for domestic, commercial, and industrial purposes. Water System includes all appurtenances, lands, public utility easements, rights in land, water rights, contract rights, franchises, water mains, pumping stations, pumps, valves, hydrants, storage tanks, water supply distribution facilities and all other equipment owned by the City.
ARTICLE 3 GENERAL RULES AND REGULATIONS FOR THE CONSTRUCTION AND USE OF THE WATER SYSTEM
14.01.300 Purpose.
This Article is intended to provide rules and regulations for the construction and use of the Water System, including installation, alteration, and repair of facilities within or connecting to the Water System.
14.01.305 Water System.
The City will furnish a Water System for obtaining, conserving and distributing water for public and private uses. The delivery of water will be made subject to any terms and conditions established by the City Council and in accordance with California law.
A. Supply. The City will endeavor to furnish each Customer, so far as is reasonably possible, but cannot guarantee, a continuous, safe and potable supply of water at a reasonable pressure at the City's water meter, and will endeavor to avoid any shortage or interruption in water service. In the event that the City is unable to provide satisfactory water service by reason of insufficient or high pressure, inadequate volume of water, or intermittent supply, the City will not be liable to any consumer for any damage or inconvenience that may occur as a result thereof.
B. Continuity of Service.
1. Emergency Interruptions. The City reserves the right to implement temporary emergency shut downs of or interruptions in the Water System due to operational difficulties, natural catastrophes, and other causes which may prevent the provision of water service. The City will not be liable for any loss or damage resulting from or arising out of such interruption. The City will make all reasonable efforts to prevent interruptions in service and when such interruptions occur will make every effort to reestablish service with the shortest possible delay consistent with the safety of the Water System, its Customers and the general public. Where an emergency interruption in service may affect a public or private fire protection service the City will notify the fire protection agency or the affected property owner of the interruption and of the subsequent restoration of service.
2. Scheduled Interruptions. The City, whenever it may find it necessary or convenient for the purpose of making repairs or improvements to the Water System, reserves the right to implement temporary suspensions or scheduled interruptions in water service, and it will not be liable for any loss or damage resulting from or arising out of such interruption. Whenever the City finds it necessary to schedule an interruption in water service, it will, when possible, notify those Customers affected by the interruption, giving the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the Customers consistent with reasonable operations. Repairs or improvements will be implemented as rapidly as practicable. Where a scheduled interruption in service may affect a public or private fire protection system, the City will notify the fire protection agency or affected property owner of the interruption and of the subsequent restoration of service.
The City will not be liable to any Customer for damages resulting from any interruption of service or for damage caused by faucets, valves, or other equipment or fixtures that are open for
any reason when water is turned on at the meter, either originally or after a temporary interruption.
C. Pressure Conditions. In the installation of all new water mains, the City will endeavor to maintain normal operating pressures of not less than 20 pounds per square inch (psi) nor more than 125 psi at the Service Connection. Notwithstanding normal operating pressures, during periods of hourly maximum demand at peak seasonal loads and periods of hourly minimum demand, pressures of 40 psi and 80 psi, respectively, will be considered reasonable. All applicants for Service Connections or water service will be required to accept such conditions of pressure and service as are provided by the distribution system at the location of the proposed Service Connection, and to hold the City harmless for any damages, injuries, or losses arising out of low pressure or high pressure conditions or interruptions in service.
Customers are responsible for installation and maintenance of privately owned pressure regulators or other devices as may be required. In accordance with the California Plumbing Code, individual pressure reducing valves are required to be installed and maintained by the owner whenever static water pressure exceeds 80 psi.
The City may adjust pressures as the need arises in its sole discretion.
D. Quality of Water. The City will endeavor to supply safe and potable water at all times; provided, however, that the City specifically disclaims and gives no warranty, express or implied, as to merchantability, fitness for purpose, chemical composition, quality, or any other matter, of water supplied. The City assumes no responsibility for loss or damage, including but not limited to personal injury, wrongful death, damage to real or personal property, or loss of profits, because of the lack of merchantability, fitness for purpose, chemical composition or quality of water supplied. The City will not be responsible for any loss or damage arising from leaks, breaks or corrosion in or to City facilities or non-City facilities as a result of the quality of water supplied.
E. Resale or Redistribution of Water. It is unlawful for any person or entity other than the City to resell or redistribute water within the corporate limits of the City without having first received permission to do so from the City Council. Bottled water and vending machines are exempted from this provision. Except by special agreement with the City, no Customer will resell any of the water supplied by the City, nor will the City furnish water to Premises other than those specified in an application for service.
14.01.310 Customer’s Equipment.
The Customer will, at Customer's 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 will not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper maintenance or wrongful act of the Customer or of any of Customer's tenants, agents, employees, contractors, licensees, or permittees in installing, maintaining, using, operating, or interfering with such equipment. The City will not be responsible for damage to property caused by faucets, valves, or other equipment or fixtures that are open for any reason when water is turned on at the meter, either originally or after a temporary interruption.
14.01.315 Customer’s Liability for Damage to City’s Property.
No person will break, damage, destroy, uncover, deface, connect to, or tamper with any structure, appurtenance, or equipment, which is a part of the Water System. Persons causing damage to, or tampering with, City property will be responsible for payment of costs incurred, and any and all penalties as prescribed by law.
No person except an authorized City employee or its agent will, at any time or in any manner, operate or interfere with the Water System, including but not limited to opening or closing any valve, or tapping on any of the water pipes of the main line or distribution system, or inserting tees, stopcocks or ferrules therein. The Customer will be liable for any damage to the City’s facilities caused by an act or failure to act of the Customer or Customer's tenants, agents, employees, contractors, licensees, permittees, guests, or invitees. Such damage may include, but is not limited to damage to a meter or curb stop or destruction of locks on or near a meter. If repair or replacement is required, as determined by the Director of Public Works or designee, the Customer will be assessed by the City for the total cost of such repair or replacement, including all costs of equipment, materials and labor; labor rates charged will be as set forth in the Cost Allocation Plan. This charge will appear on the Customer’s utility bill and if unpaid, will subject the Customer to service disconnect pursuant to Chapter 3.26.
14.01.320 Damage to Customer's Property.
The City will not be liable for damage to property occasioned by water running from open or faulty piping or fixtures on the Customer’s property. Customers who request activation of a service will be responsible for damage resulting from such activation due to open or faulty piping and/or fixtures on the Customer’s property. The City may, at its discretion, opt to return the water service to a shut off condition if there is indication of running water on the Customer's property at the time of service activation. When this occurs, the City will endeavor to leave notice of explanation for the Customer.
14.01.325 Right of Entry to Customer’s Premises.
Unless prohibited by law, authorized City representatives will at all reasonable times have the right to enter or leave the Customer's Premises for any purpose reasonably connected with service to the Customer, or at any time in emergency situations needed to protect the integrity or quality of the Water System.
14.01.330 Authorization and Fees.
No connection to the Water System will be installed, altered, or repaired without authorization from the City and the payment of all fees required in the Cost Allocation Plan, plus any special costs for work incurred by City as set forth in this Chapter or in a separate resolution adopted by the City Council.
4.01.335 Notice Required for Removal or Displacement of Water Facilities for Construction or Street Work.
All persons engaged in construction or street work will give at least ten days’ written notice to the City for removal or displacement of Water System facilities that may interfere or conflict with construction or street work. Any damage to the Water System resulting from such failure to give notice will be the responsibility of and will be charged to the person engaged in such work. All
costs involved in the removal or displacing of water facilities will be paid by the person engaged in such work, except where provisions of City permits or contracts state otherwise.
14.01.340 Contractors.
Contractors engaged in street construction or site development must obtain a Temporary Water Permit and may only take water at a location specified by the Director of Public Works. All water will be metered unless exempted by the Director of Public Works for good and sufficient reason. Charges will be in accordance with the Cost Allocation Plan.
14.01.345 Individual Building Construction.
Individual builders or contractors engaged in building construction or development not connected with subdivision construction must, upon compliance with the applicable provisions of Administrative Policy and of this Chapter, obtain a Temporary Water Permit and must agree to the provisions of Administrative Policy.
14.01.350 Title to Connections – Easements.
Title to all meters, service pipes, and appurtenances used in providing a Service Connection will remain with the City and the charges described herein and set forth in the Cost Allocation Plan are for connections and do not convey any right of title.
Whether recorded or not, the City has, or has the right to obtain through eminent domain, at least a 20-foot easement on each side of a water main for purposes of maintaining, repairing and replacing it. The City will not be responsible if any permanent or unique improvements, including, but not limited to vegetation, fences, paving or structures, on or within the easement area are removed or damaged in the course of the City's maintenance, repair or replacement of the distribution main.
14.01.355 Standard Plans and Specifications.
The City may from time-to-time adopt Standard Plans and Specifications and construction details, and/or requirements for the design and construction of water facilities and lines, which are incorporated herein by reference. All Customers must comply with the applicable Standard Plans and Specifications for the design, construction or repair of any facilities connected to or within the City’s Water System .
14.01.360 Responsibility for Water System Facilities on Private Property.
All Water System facilities installed by the City on private property are and remain the property of the City and may be maintained, repaired, or replaced by the City without consent or interference of the owner or tenant of the property. The property owner or tenant will use reasonable care in the protection of the facilities. No payment will be made to any property owner or tenant for placing or maintaining the facilities on private property. No person will place or permit the placement of any object that will interfere with the City’s ability to freely access any City facility for maintenance, repair, or replacement. In addition, the City will not be responsible for restoring or replacing any improvements or obstacles on private property that interfere with the maintenance, repair or replacement of City facilities.
14.01.365 Changes in Customer's Equipment or Operations.
If a Customer makes any material change in the size, character or extent of the Customer’s equipment connected to the Meter located in the Meter box or to the operation of the equipment resulting in a material change in the use of water, the Customer will immediately notify the City in writing of the nature of the change and, if necessary, amend his/her application for Water service. The Customer will bear the actual costs of the installation of a larger Meter and Service Connection and any additional charges set forth in the Cost Allocation Plan.
14.01.370 Control Valve.
The Customer will install a control valve on the Customer’s side of the Service Connection as close as is practical to the Meter location to control the flow of water to the piping on the Customer’s Premises. The Customer is prohibited from using the Service Connection curb stop to turn water on and off to the Customer’s Premises.
14.01.375 Pressure Relief Valve.
Each water heater must be equipped with a suitable pressure relief valve of type and nature required by the then current edition of the California Plumbing Code and California Building Code.
14.01.380 Water Wells.
All water wells within the City must comply with the Ordinance Code of Contra Costa County, all regulations of the California Department of Public Health, and any applicable federal regulations pertaining to same. Failure to so comply may result in enforcement by the applicable government agency. All water wells within the City must include, at the Customer's sole expense, the prevention devices set forth in Section 14.01.385, or as otherwise required by the City to prevent backflow into the City Water System.
14.01.385 Cross-Connection and Backflow Prevention.
Customers must comply with all Cross-Connection regulations pursuant to Chapter 14.10. If a Customer's Premises has another source of water supply or the Customer is engaged in industrial processes using or producing processed water or liquid industrial waste, or is engaged on the Premises in handling sewage or any other substance that is not or cannot be approved as safe, wholesome, and potable, the City may discontinue water service until the Customer installs a working, suitable, approved double check valve to the Service Connection on the Customer's side of Service Connection to protect against backflow of water from the Customer's Premises into the City's Water System. If required by the Director of Public Works, a Customer will be required to install protective measures (e.g., locks and cages) to protect backflow devices from being tampered with and/or vandalized.
The Customer is responsible for complying with all City, County, State and Federal laws governing the separation of dual water systems and installation of backflow protection devices to protect the public water supply from the danger of cross-connections. The Customer is also responsible for the maintenance, annual testing, repair or replacement of the backflow protection device. Failure to comply will subject the Customer to disconnection of water service and assessment of water disconnect fee as set forth in the Cost Allocation Plan.
The Director of Public Works is authorized immediately to remove any cross-connection which he/she believes has the potential to jeopardize public health and safety and to charge the Customer for costs associated with such removal.
14.01.390 Ground-Wire Attachments.
The Customer will be liable for any damage to the City’s Water System facilities caused by the attachment of an electrical service ground-wire or wires to any plumbing, which is or may be connected to a Service Connection or main belonging to the City, by the Customer or his/her tenants, agents, employees, contractors, licensees, permittees, guests or invitees unless such plumbing is adequately connected to a lawfully driven ground installation on the Premises. Neither the City nor its officers, agents or employees will incur any liability of any nature whatsoever by reason of the use of any facility for grounding purposes, which is or may be connected to the City's Water System.
ARTICLE 4 METERS AND SERVICE CONNECTIONS
14.01.400 General.
All water delivered through a Service Connection must be metered and billed. Tampering with Meters or the use of any device to allow delivery of unmetered water is prohibited. Connection charges and payment for all water used from the time of initial service installation will be the responsibility of the Customer. In addition, the installation of a backflow prevention assembly may be required pursuant to Chapter 14.10.
14.01.405 Monthly Water Charges.
All Customers are responsible for the monthly charges set forth in the Cost Allocation Plan. In addition, Customer will be responsible for all additional fees assessed, including those due to unlawful connection or damage caused to the delivery system by Customer, or his/her tenants, agents, employees, contractors, licensees, permittees, guests or invites.
14.01.410 Meter Requirement.
All water service will be metered and Meters must conform to American Water Works Association (AWWA) standards at the time of initial installation. The City may request from the manufacturer or supplier verification which states that all water meters and/or components comply with all applicable requirements of this standard, and that such Meters have been tested in accordance with AWWA standards.
14.01.415 Meter Installation.
Meters will be installed in the public sidewalk, or behind and adjacent to the public sidewalk within the public right-of-way, or at such location as may be determined by the Director of Public Works. Unless the Director of Public Works deems it impractical, all Meters must be installed at the minimum distance of three feet from a driveway area. All Meters will be owned by the City. No seal may be altered or broken except by one of the City’s authorized employees or agents.
14.01.420 Change in Meter Location.
Meters moved for the convenience of the Customer will be relocated at the Customer's expense. Meters moved for the City's convenience will be relocated at the City's expense. If the lateral distance to which the Customer desires to have the Meter moved exceeds eight feet, the Customer will be required to apply and pay for a new Service Connection at the desired location.
14.01.425 Changes in Size of Meter, Pipe, at Expense of Customers.
Customers making any change in the size, character or extent of their facilities utilizing the water service which will require increasing the size of any Water System facilities or result in a large or unusual increase in water usage must immediately notify the Director of Public Works in writing. Changes in Service Connections, in particular changes in size of Meter or service pipe, will be at the expense of the Customer, including the cost of a new Meter of the size being replaced. These charges are set forth in the Cost Allocation Plan.
14.01.430 Meter Testing.
A. Request for Test. A Customer may request that the City test the Meter serving the Customer’s Premises. The City will conduct the test during normal working hours within 10 business days of the request and the Customer will be notified of the time and place of the test. A Customer may require that the City conduct the test in the presence of the Customer or his/her representative.
B. Fee. The Customer must pay a fee in an amount to cover the cost of the Meter test, which is set forth in the Cost Allocation Plan.
C. Accuracy. The fee will be credited against the account if the overall accuracy of the Meter as tested is outside the defined acceptable parameters as established by the American Water Works Association
D. Report. The City will provide the Customer with a written report summarizing the results of the test within 10 business days after completion of the test.
14.01.435 Adjustment of bills for meter error.
Adjustments of water bills due to meter error will be made pursuant to Section 3.26.180 and will only be made after testing in accordance with the procedures set forth in Section 14.01.430.
14.01.440 Service Connections – Location.
A. Service Connections will be in public streets, easements or rights-of-way under the control of the City.
B. Where the Premises to be served fronts on more than one street, the Director of Public Works has the right to designate on which frontage the Service Connection will be installed.
14.01.445 Service Connections – to Separate Premises.
A single Service Connection may not serve more than one premise. Separate Premises under a single ownership, control, or management will be supplied water through separate Service Connections unless the Director of Public Works approves a request for a single Service Connection to multiple Premises. When evaluating requests for such single Service Connection, the Director of Public Works will be guided by, but not restricted to, the following considerations:
1. That the Service Connection will not violate the provisions of this Chapter against reselling or redelivery to other Customers;
2. That the Service Connection will not establish a private distribution system; 3. That the Service Connection will not avoid main extension requirements;
4. That the Service Connection will not be a means of avoidance of Meter or service connection charges or securing an advantageous water price without an equivalent guaranteed minimum.
14.01.450 Service Connections – to Separate Customer.
Each separate Customer will be supplied water through a separate Service Connection unless the Director of Public Works determines it is impractical to do so. Where more than one Customer is supplied through a single Service Connection, only the property owner or his/her authorized agent will be the applicant and Customer for billing or any other purpose.
14.01.455 Service Connections – Obligation to Connect to City Water System.
A. Unless the City takes extraordinary and discretionary action when approving a development or subdivision of property, each building permit or subdivision map improvement plan will contain provisions for connection to the Water System.
ARTICLE 5 DROUGHT AND CONSERVATION
14.01.500 Drought.
In the event of a water shortage emergency caused by drought or other circumstance, the City may adopt any necessary rules or regulations in accordance with California Water Code Sections 350-359, as amended from time-to-time, or such other applicable law, including the City’s general water use regulations. During any period of threatened or actual water shortage, the City will have the right to apportion its available water supply among Customers in such a manner as appears most equitable under the circumstances then prevailing and with due regard to public health and safety.
In the event that the City adopts ordinances, rules and regulations to address a water shortage emergency, the Director of Public Works is authorized to enforce the water use regulations in accordance with specific remedies authorized by the City Council as well as those remedies authorized by law. The City will not be liable for any shortage or insufficiency of water supply or water pressure or any loss or damage occasioned thereby.
4.01.510 Conservation; Water Waste Prohibited.
As a condition of service, Customers of the City must use water delivered through the City’s system in a manner that promotes efficiency and avoids waste. Water waste is prohibited. Water waste includes:
1. Allowing water provided by the City to flow or spray off the property.
2. Failure to correct a malfunctioning device or supply line, where the Customer or their agent has known of the problem for more than 48 hours.
3. Non-compliance with regulations regarding washing of vehicles, equipment, driveways, parking lots, sidewalks, streets or other surfaces or objects.
4. Discharging swimming pool or spa water drainage off the property where discharge into a public sanitary sewer is available.
5. Non-compliance with watering group assignments under a declaration of water shortage emergency.
ARTICLE 6 APPLICATION FOR CONNECTION TO WATER SYSTEM
14.01.600 Application for Connection to Water System – Determination of Necessity for a Main Extension or Other Water System Facilities.
Upon receipt of any application for connection to the City’s Water System, the Director of Public Works will determine whether a main extension or other water system facilities are necessary to provide the connection. A main extension or other Water System facilities will be installed in the manner directed by the Director of Public Works whenever the Director of Public Works determines that such main extension or facilities are necessary to provide water service to property described in the application. Applicants must follow the application procedures, and must pay all applicable charges, including any applicable security deposit, application fee, Service Connection charge, Meter charge, service line charge, existing facilities charge, and any other charges as set forth in the Cost Allocation Plan.
14.01.605 Application for Connection to Water System if No Main Extension is
Required but Service Connection is Required.
Prior to approving any application for connection to the City’s Water System for which no main extension is required, but a new Service Connection is required, the City will evaluate the impact of the proposed service on the system and the City's ability to provide service. The size of connection and Meter is dependent upon the water flow requirements for the Premises including fire flow. The number and size of Meters required will be determined by the Director of Public Works.
When the City has approved the application for connection to the City’s Water System, the Customer will furnish and install the new Service Connection from the main to the Meter at such location as the City determines and in accordance with the Standard Plans and Specifications. The Service Connection will be installed from the water distribution main to the curb line or property line of the Premises, which may abut on the street, on other thoroughfares, or on the City right-of-way or easement. Charges for Meter and box are to be added to the charges for service installation and are held as a separate charge for the convenience of subdividers or contractors where all pipe is installed by the owner.
The applicant may apply for as many Service Connections as may be reasonably required to serve the Premises, provided that the Customer has separate facilities and equipment for each service connection that is independent of the others and not interconnected.
Each Premises will have at least one Service Connection, which includes a Meter. When two or more buildings are maintained upon a single Premises, one Service Connection may serve both. However, if the Premises is divided and the buildings come into separate ownership, new Service Connections must be installed so that there are separate Service Connections with Meters for each Premises in separate ownership.
14.01.610 Service Connection Location.
Service Connections will be installed at nominal right angles to a main in accordance with City Standard Plans and Specifications. The point of connection will not be within a street intersection from curb return to curb return, nor will any portion of the Service Connection be within the intersection. The Meter location will be directly adjacent to the parcel being served within the public right-of-way. In the event street right-of-way is not available, the City may approve installation within an easement or alley adjacent to or on the parcel to be served. In alleys or easements, Meters will be located at a point as close as practicable to the property line within which the main is located. All Meters will be located outside of driveways and other areas where access by City personnel for operation and maintenance may be restricted. The Meter vault will be located outside of travel lanes and driveways and will be protected from vehicular traffic, as determined by the City. If the applicant feels extraordinary conditions exist that would prevent compliance with this requirement, he/she may submit to the City a written request for a waiver of this requirement at the time the water plan is submitted for review.
14.01.615 Application for Service Connections – Outside City.
Applications for new or revised Service Connections to supply Premises which are wholly or partly outside the corporate limits of the City will not be accepted or approved nor ordered to be installed, unless the City Council has approved such application after all applicable fees, including City staff time and any fees charged by the Local Agency Formation Commission, have been paid by the applicant. Before granting approval, the City Council will conduct an investigation and obtain satisfactory proof that all of the following conditions are satisfied:
1. A severe hardship exists, for example a failure of an existing well or septic system as certified by the County Health Department;
2. The area is unannexable at present;
3. The property will be annexed on City demand;
4. There will be full compliance with the provisions of this Chapter and Administrative Policy;
5. That the connection will be granted on a temporary basis until annexation is completed with the water system reserving the right to disconnect the applicant or applicant's assigns upon violation of the terms of the agreement covering the granting of such connection; and
6. That the granting of such application will be in the best interest of the City.
The intent concerning the above provisions is not to cause or prolong any hardship, but to discourage expansion which is uncontrolled or detrimental to the interest of the City, through the use of a vital City service. The sale of water to other public entities is exempt from the provisions of this Section, but will be governed by provisions of this Chapter.
14.01.620 Service Connection Cost; Special Conditions.
In the event of any application the City determines will require installation of a Main Extension, or other installation, for example if a Service Connection required is larger than ordinary, or if a special Meter is required, all such installation or connection costs will be borne solely by the applicant.as set forth in Section 14.01.675.
14.01.625 Application for Connection to Water System if Main Extension and New Service Connection are Required.
Any owner of one of more lots or parcels of land will make a written application to the City for a main extension, where, in the opinion of the Director of Public Works, one or more main extensions are required to serve such property. Applications will be made in accordance with this Code and will include filing the City’s application and providing: the legal description of the property to be served; a written statement from the applicable fire protection authority addressing all requirements for fire protection; the tract number; the plans, profiles and specifications; any additional information required by the City; and a map showing the desired location of the proposed Service Connections. The main extension application will also include payment of any applicable deposits and fees or charges, including the applicable Meter and Service Connection Charges (for City-installed service connections), the Existing Facilities Charges and any other applicable charges required by this chapter or a development service agreement.
14.01.630 Application for Connection to Water System to a New Subdivision or
Development.
A person desiring to provide water service to a tract of land, which the person proposes to subdivide or develop, will make a written application to the City for water service to a new subdivision or development and may be required to enter into a development service agreement pursuant to Section 14.01.645. Applications will include: the tract number; the name of the subdivision or development (if applicable); its location; the plans, profiles and specifications for the street work, sanitary and storm work and water distribution system; and a written statement from the applicable fire protection authority addressing all requirements for fire protection. The application should also include a copy of the tentative map showing property lines, streets and other dedicated rights of way; number and location of single family residences to be constructed; number of units and location of apartments; number of estimated students and location of schools; irrigation requirements; and topographic contours. The subdivision or development application will also include payment of any applicable deposits and rates or charges, including the applicable Meter and Service Connection Charges (for City-installed service connections), the Existing Facilities Charge and any other applicable charges or deposits required by this Chapter or the development service agreement.
14.01.635 Review and Approval of the Application.
Prior to approval of the application, the Director of Public Works will investigate the proposed main line extension, Service Connections or other Water System facilities, review the plans and specifications and evaluate the impact of the proposed facilities on the City’s ability to provide water service and report findings to the City Council. The Public Works Director will develop conditions of approval regarding the feasibility of providing the service; satisfaction of the criteria in this Chapter, the City's Standard Plans and Specifications, and any other applicable rules and regulations; and estimated cost of the proposed main extension or other Water System facilities.
14.01.640 Facilities: Subdivisions, Tracts, or Housing Projects.
The City may require improvements, dedications or facilities to be provided by the applicant for water service to a new subdivision or development. All facilities, including easements and tank sites, must be dedicated to the City prior to acceptance of the improvements or facilities for water service. The cost of such facilities will be the responsibility of the applicant. All such facilities must meet City's Standard Plans and Specifications. Examples of such facilities include, but are not limited to: all distribution mains, including connections to existing mains, even if outside the tract; treatment facilities; transmission facilities; service pipe lines; fittings; valves and fire hydrants; tank sites; easements; rights-of-way; storage tanks; and all things necessary and appurtenant to any of these facilities. If additional subdivision facilities, permanent or temporary, are required to provide pressure or storage for the subdivision, such facilities will be required and paid for by the applicant.
14.01.645 Development Service Agreement.
When a main extension is required to serve a property including a new development or subdivision, or in other circumstances as determined by the City, prior to approval of an application for water service, the applicant may be required enter into a development service agreement in a form acceptable to the City and comply with the terms and conditions therein. All fees and costs incurred by City in preparing or reviewing the development service agreement or plans will be paid in full by the applicant prior to commencement of work in accordance with Section 14.01.675. The development service agreement may include provisions to ensure adequate water service for the development, which may include the design for a sufficient number of independent well systems (or other production facilities), pumping equipment and/or storage facilities; contribution to the modification of other City production and/or storage facilities; and/or participation in the construction cost of other new City production and/or storage projects or other Water System facilities. During any construction, water service will be metered, with separate Meters for each Premises as determined by the City, and the applicant will be responsible during construction for all costs of water service as set forth in the Cost Allocation Plan.
14.01.650 Dedication to the City.
All main extensions or other Water System facilities covered by a development service agreement will become the property of the City and upon acceptance by the City will be deeded or dedicated to the City by a proper instrument in writing. Applicant will provide the City with "as-built" drawings for all dedicated facilities. The map, grant deed or other proper instrument will contain sufficient legal description of the right-of-way or easement, within which any water line or system facility is installed and will be duly recorded in the Contra Costa County Recorder's Office.
14.01.655 Installation of Facilities.
The City, in its discretion, may install any of the proposed main extensions, Service Connections or Water System facilities with its own employees at the applicant’s cost. If the City installs the Service Connections, the applicant will be required to pay the applicable Meter and Service Connection charges, and cover all other actual costs incurred by the City relative to the installation. If the applicant is required to install the main extension, Service Connections or other water system facilities, it will be at the applicant’s cost, in accordance with the City's
Standard Plans and Specifications in effect at the time of the application and any other requirements in the development service agreement.
14.01.660 Future Development; City Discretion.
The City will review and approve the size, location and configuration of all main extensions, which will be consistent with the City’s plans for future development of the Water System.
14.01.665 Dead-End Lines.
No dead-end water lines will be permitted, unless approved by the Director of Public Works in extremely limited circumstances, and in his/her sole discretion, if it is the only feasible way to supply water to a location and it will not significantly impact or burden the City with respect to its obligations to flush the Water System.
14.01.670 Construction Requirements.
Upon City’s approval of the application, the applicant will contract with a contractor duly licensed in the State of California to do the proposed main extension installation work. All work and materials will comply with the City's Standard Plans and Specifications, inspection requirements and all applicable laws and regulations. Payment and performance bonds from a California-admitted Surety insurer, each in the amount of one hundred per cent (100%) of the estimated construction cost, along with the required insurance coverage must be provided by the applicant or the contractor. A Maintenance Bond in the amount of ten percent (10%) of the costs of the work to remain in effect two years after acceptance by the City will also be required. Pursuant to the terms of the development service agreement, the City will have the right to inspect the work. No pipeline will be backfilled or covered without the presence and consent of a City authorized inspector.
14.01.675 Costs and Expenses.
All costs and expenses incurred by the City under this Chapter for preparing or reviewing applications or plans, dedication instruments, easements, agreements or any other documents required by the application or project, including but not limited to costs for engineering, legal and administrative services, will be paid in full by the applicant prior to commencement of any work, by depositing an amount estimated by the City to cover all such charges and costs. The applicant will be responsible for any costs in excess of the estimated deposit and will be refunded the amount by which the estimated deposit exceeds the actual costs. In the event the applicant’s original deposit is not sufficient to cover the City’s costs, the applicant must deposit additional monies in an amount to be determined by the Director of Public Works within five days of a request for such increased deposit.
14.01.680 Project Termination/Refund.
If the installation work is not started within one year of execution of a development service agreement, as may be extended by the City Council, the balance of deposited funds remaining after deducting all City costs, as determined in City's sole discretion, will be credited or refunded to the applicant.
ARTICLE 7 TEMPORARY SERVICE 14.01.700 Authorization for Temporary Water Service.
Upon application, the City, in its discretion, may authorize a Temporary Water use for construction or other limited purposes, under acceptable terms and conditions and if no undue hardship to existing Customers will result. Temporary Water use will be disconnected or terminated at the discretion of the City. Temporary water service typically is provided through a fire hydrant and requires an agreement to use a temporary fire hydrant meter. The Customer will agree to return the fire hydrant meter within 10 days of the termination of temporary water service.
14.01.705 Application for Temporary Water Service.
A person desiring temporary water service will submit an application for a Temporary Water Permit following the procedures set forth in Chapter 3.26. The application must include a description of the location of and reasons for the temporary water service.
The Temporary Water Permit application will include payment of a deposit as set forth in the Cost Allocation Plan. The deposit will be retained by the City until the temporary Meter is returned. Once the Meter is returned, the deposit will be applied against outstanding charges and any remaining amount will be refunded to the Customer. The deposit will be forfeited if the Meter is not returned or if it is returned damaged.
Customers receiving a Temporary Water Permit will also pay all other costs included in the Cost Allocation Plan, together with all actual costs incurred by the City for installation of any required water facilities.
Hydrant Meters rented for a period of longer than three months must be brought into the Public Works Corporation Yard on a quarterly basis for a Meter reading. If the City grants a written extension allowing a temporary Service Connection for more than one year, the Meter must be calibrated during one of the quarterly reads. If the Meter is not brought into the Public Works Corporation Yard by the appropriate time designated, there will be a penalty to the Customer as listed in the Cost Allocation Plan and the Meter must be returned immediately. The Customer will pay all fees due before the Meter can be re-issued.
14.01.710 Temporary Water Service Monthly Charges.
Temporary water service will be subject to a billing at the rate as set forth in the Cost Allocation Plan.
ARTICLE 8 FIRE PROTECTION
14.01.800 Authorization to Use Fire Hydrants for Public Fire Protection.
The main purpose for fire hydrants connected to the water mains of the City is to furnish water to fight fires. Except for temporary service use as authorized in Article 7 of this Chapter, there may be no water used through the fire protection Service Connection to the City, except for purposes of extinguishing fires or testing the fire fighting equipment. Fire hydrants may be opened and used only by persons authorized in writing by the City. All public governmental fire protection agencies and their officers and employees are hereby so authorized.
14.01.805 Unauthorized Connections to a Fire Hydrant.
Any persons, other than those authorized in writing by the City, who open or close a fire hydrant will be liable for all damages caused. Any person, firm or agency making a direct connection to a City fire hydrant without written permission from the Public Works Director will be liable for any damages, including costs of lost water, and will pay all incurred costs to repair any fire hydrant or water mains and appurtenances caused by an unauthorized connection to the fire hydrant. Upon discovery of the unauthorized connection, the City will immediately disconnect or cause the person to disconnect the unauthorized connection. No further connection will be permitted unless authorized by the City and the perpetrator will be required to make payment in full to the City of any applicable fees and/or cover all costs of damages caused.
14.01.810 Moving of Fire Hydrants.
If a property owner or other party requests the City to change the location of a fire hydrant, that person will bear the City's actual costs of such relocation. The City must approve any change in the location of a fire hydrant and consult with the fire service provider as necessary.
14.01.815 Fire precautions.
In case of fire, or alarm of fire, should circumstances warrant:
A. The City will have the right to shut off water from any Customer or number of Customers without notice and to keep it shut off as long as necessary;
B. The Fire Chief will have the authority, should the need arise, to request the setting of valves in water mains to secure the greatest possible pressure at the points required. When the need for such changes has passed, the Fire Chief will notify the Director of Public Works in order that the system may be restored to its normal operating condition.
14.01.820 Application for Private Fire Protection Service.
When an application is made for Private Fire Protection Service, installation must be approved by the Fire Chief, by an approved fire rating bureau, and by the Director of Public Works. Each Private Fire Protection Service must have a detector check valve installed therein. An applicant for new Private Fire Protection Service will pay the total actual cost of installation of the Private Fire Protection Service, in accordance with the City's Standard Plans and Specifications.
14.01.825 Requirements of Private Fire Protection Service.
There may be no connections between the Private Fire Protection System and any other water distribution system on the Premises. All automatic sprinkler systems connected to the Water System must be equipped with a backflow protection device. The connection of the automatic sprinkler system to the City's facilities will be made according to City Standard Plans and Specifications and is subject to inspection by appropriate authorities.
14.01.830 Use of Private Fire Protection Service.
Water furnished through Private Fire Protection Service may be used only for extinguishing fires or for authorized testing of the fire system. Whenever a consumer wishes to test a Private Fire
Protection system, he/she must notify the Director of Public Works at least three working days in advance.
14.01.835 Violation of Applicable Regulations.
If water is used from a Private Fire Protection Service Connection in violation of this Chapter or other rules or regulations of the City, the City may, at its option, discontinue or remove the Service Connection at the Customer’s expense. The City will give 30-days' written notice prior to discontinuing or removing the service. The City will also notify the local Public Fire Protection Service prior to the actual shutdown.
ARTICLE 9 COMMENTS OR COMPLAINTS ABOUT WATER SERVICE
14.01.900 Service Comments or Complaints.
A Customer may comment or complain about water service by writing, emailing or telephoning the City. The Director of Public Works or designee will meet with the Customer in person or by telephone, at the Customer’s request, and endeavor to resolve the issue. The Director of Public Works will issue a decision on the issue in writing, which decision will be final unless appealed in writing to the City Manager as set forth in Section 14.01.910.
14.01.905 Billing Comments or Complaints.
A dispute over billing will be addressed through the procedures set forth in Chapter 3.26.
14.01.910 Appeals to City Manager.
A Customer may appeal a decision of the Director of Public Works in writing to the City Manager within five days of receipt of the Director of Public Works’ ruling. The written appeal must state the reason for the appeal and specify any facts or evidence in support of the request. The City Manager or designee, who may be a City hearing officer, will promptly consider the appeal and provide a written decision within ten days of the filing of an appeal. The City Manager's determination will be final.
ARTICLE 10 VIOLATIONS; ENFORCEMENT 14.01.1000 Authorization to Enter.
Upon authorization by an adult on the premise, duly authorized employees of the City will be permitted to enter, in and upon any and all buildings and properties of Customers for the purposes of inspection, re-inspection, observation, measurement, sampling, testing or otherwise performing such duties as may be necessary in the enforcement of the provisions of the ordinances, rules and regulations of City.
14.01.1005 Illegal Service.
Any water service that is not authorized in City records will be considered a new service. All fees, charges, and deposits required by the City must be paid before the account is established in the City's Water System. In the event such service is discovered and a service application is required by the City and is not obtained or the fees, charges, and deposits are not paid, the City may physically remove all City facilities at the property owner's expense. Any service which is in
violation of this Section will be considered an illegal service and will be back billed per Chapter 3.26.
14.01.1010 Obstructing Water Meters.
It is unlawful for anyone to enclose a Meter within or under a fence, wall, hedge, or otherwise obstruct access to Meters. Upon the failure or refusal of the property owner or Customer to remove any such unlawful obstruction within three days, after written notification to do so, the Director of Public Works may take such reasonable actions as may be necessary to remedy the obstruction in order to access the meter, or may order the discontinuance of water service to the Premises until the obstruction is removed. The Customer will bear all costs, and will pay the City in accordance with the Cost Allocation Plan, of remedying the obstruction and taking any additional Meter reading that may be required.
14.01.1015 Violations Other Than for Nonpayment of Water Service Charges.
Any person found to be violating any provision of this Chapter, or any other ordinance, rule or regulation of the City, will be given written notice stating the nature of the violation and providing a reasonable time limit for satisfactory corrective action. Except in the case of emergencies when the public interest and necessity require otherwise, and for the nonpayment of bills as set forth in Chapter 3.26, the time limit to correct such violation will be three working days. The property owner will be held strictly responsible for any and all acts of their tenants, agents, employees, contractors, licensees, permittees, guests or invitees.
In addition to all the enforcement mechanisms and penalties specified in this Code, including those contained in Section 1.08.010, for violations of any rule or regulation established in this Chapter or any other provision of this Code related to the Water System, the City may recover all costs incurred by the City in attending to the violation and require payment of all applicable fees in the Cost Allocation Plan as well as legal fees and costs as set forth in Chapter 3.26. The City may file civil actions to request the court to grant, as appropriate, any or all of the following remedies:
A. A temporary and/or permanent injunction.
B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this Chapter.
C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation, including reasonable attorneys’ fees and costs of suit.
The City may also pursue criminal prosecution for violations pursuant to Penal Code Section 498 or such other applicable laws.
14.01.1020 Non-Payment of Water Service Charges.
If a Customer fails to pay a water bill pursuant to this Code, the City may discontinue water service and assess any late charges and penalties as set forth in Chapter 3.26 of this Code.
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ORDINANCE NO. 919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING IN ITS ENTIRETY CHAPTER 14.10, (CROSS CONNECTION CONTROL), OF THE BRENTWOOD MUNICIPAL CODE
WHEREAS, the City's Cross Connection Control Ordinance was adopted in 1994; and WHEREAS, City staff recommends amending the ordinance to reflect changes in law,
and to better reflect the current needs of the City; and
WHEREAS, the City Council has considered the staff report, environmental
determination, supporting documents, public testimony, and all appropriate information that has been submitted with the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Brentwood: Section 1.
The Council finds that this action is exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15061(b) (3), in that it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment.
Section 2.
Chapter 14.10 of the Brentwood Municipal Code is deleted in its entirety and replaced with the text as set forth in Exhibit “A,” attached.
Section 3.
This ordinance shall be published in accordance with Government Code Section 36966 by either posting or publishing the ordinance in accordance with that law. Further, the City Clerk is directed to cause the text in Exhibit “A” to be entered in the City of Brentwood Municipal Code. This ordinance shall take effect and be in force 30 days following its adoption.
Section 4.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, the holding shall not affect the validity or enforceability of the remaining provisions, and the City Council declares that it would have adopted each provision of this ordinance irrespective of the validity of any other provision.
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THE FOREGOING ORDINANCE was introduced with the first reading waived at
a regular meeting of the Brentwood City Council on the 22nd day of October, 2013, by the following vote:
AYES: Barr, Bryant, Clare, Taylor, Stonebarger
NOES: None
ABSENT: None ABSTAIN: None
And was adopted at a regular meeting of the Brentwood City Council on the 12th day of November, 2013, by the following vote:
