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Ordinance 1403 ~ OgDINANCE IJO. 1403 AN OF THE CITY OOUNCQ+ OF '~ OPPY OF C(JJPFTa'INO AtgNDING Q~PTFI7S 15.04, 15.08, AND ].5.12, FU~T SYS'TB't. OF TP1ZE 15, V~U-'IEE2 AND SES4hGE, OF TfOr WPF~'.II'10 2~SJNICIPAL OOZE THE C~~ OOgA1CII, OF Tf~ CITY OF WPF2S1Z1O HfI2ESY ~~ that Chapters Oode 15.04, 15.08, arxi 15.12 of Tim he~t~ebytamer~rledzead ~ pAr~E~-ibit pertaining to Water atxl ~9e nAn~ ~DCTCID at a regular meeting of tha City Ccxmcil of the City of clzpeztino this Srh day of *_~,_..~rv-.---, 1986 and II~II~CI'ED~t 20t~ y meeting of the City Oamcil of the City of Cupertino of Tan~arv _, 1987 by the tollowitg Vote: pp{~ ~=+«1P~ of t~+e C{tY oil Aye; Gatto, Johnson, Rogers, Sparks Np~: None Agg~; Plungy pgg~t: None City Clerk ~~~ ~~ 0 ORD7.NAPICE N0. 1403 Title 15 WATII2 AND SFkD4GE 15.04.010 Definitions. 15.04.020 Description of service. 15.04.010 Definitions. 'fie Pollowig teens when used in this title shall have the following respective meanings: *For statutory prvvisionts regarding the mmicipal openatian and r+egulaticn of the city's water supply systems see Govt. Oode Section 38730 et. seu.; for the prevision z~egartii:g the power of cities to prescribe, revise and collect charges for water and services Banished by thee, see Govt. Oode Section 54344. A. "Applicant" means arty prospective const>rner applying for water service; B. City means the City of 0.tpetti~o; C. Oonstmfer means any pezsant, firm, ~Yr oorpoiatian, partrtezship, associatixt, the City, any public oorFxu~ation, political subdivision, city, oamty, district, the state of Califasrtia ar the United States of America, ar arty department ar agency of any thereof, who uses water Bit.Ttistted by the water system; D. "Council" means the City Catrtcil of the City; E. "Date of presenttatiort" resorts the date upon which a bill ar notice is mailed ar delivered personally to a consumer; F. "Domestic service" means the furnishing of water Par housQ2told rt>sidenttial purposes, itcluditg water used for sprinkling 1aWi14, 4~ artd shntbbery, Par watering anneals and livestock, far washing vehicles and for other similar and atstaeaiy purposes. G. "crnmtercial service" means the furnishing of water to premises where the ooa~staner is Primarily engaged in a trade, busitess ar ~ar% H. "Intdustrial Service" means the Bnrnishng of water to p2nnises for use by a oodt5tmer in atvtufacturig ar prooessirtg activities; -2- ORDIIdANCE NO. 1403 I. "Izrigatian service" means the rt„-ni,~,t ~ of water far agricultural use; J. "Metered service" means the R~rnishing oP water by n~eastu+ed quantities: K. Main extension" means the aonstructian of water distribution pipelines, including service ooru~ecskions, beyond existing facilities; L. "Manager" means the City Manager of the City ar other person authorized and designated by the Manager to perfa¢m the services ar ma)ae the detenninatians permitted or required under this title to be made by the City Manager; M. "Pr+emises" means any lot, plaoa ar parcel of land, ar any building or other structure ar any part of any building ar structtu:+e having a connection to the water system; N. "Water" means water ftuntisheci through the water system• o. "Water service" means the services, facilities and water furnished ar available to premises by the water system; P. Water system" means the enterprise system far the supply, treatment, storage, trancmticaion and distribution of Water, including lanes, easements, r+esesvoirs, water rights, Water tanks, Water mains, we11s, Pte. P~~~ equipment, storage, treatment, transmission and distribution Facilities, and other works, properties ar necessary ar convenient Par a municipal water system far the city. Q. "Water facilities" shall means existing water system equipment app~a tersarx~s. 15 oa ozo ption or service. Zhe territory serviced by the City shall be all territory within the bavxtariea of the City now ar at any time h~+eafter serviced by the water system, and, at the discretion of the Council, nny other territory outside the baadaries of the City in which the City at the time has water distribution pipelines. (Orti. 107 Secti~ 2, 1959). Shaf7ter 15.08 15.08.010 General provisions. 15.08.020 inside City limits-Privets fire pmotsctian service. 15.08.030 Inside city limits-Public fire hydrant service. 15.08.040 Outside City limits-~erally. 15.08.050 No Eras water service. 15.08.060 Separate pr+~mises under single control. 15.08.010 General rnovisions. A. Zhere are herebyr levied and arse-SSed upon all prenises oonnec,~ted with the water system the water rotes and charges hereinafter set Earth by Council r+esolutian for water furnished ar available to suciz pr+eatises by the water system. 4he purpose of said levy and assessc~ent is to provide i°lurls far the payment of principal and interest cal all water revenue bwxls heretofore ar hereafter issued by the City for the purpose of the aoquisiticm, oonsttvction, improvement and financing of the water system, for the payment of the cost ORDII~NCE N0. 1403 of additions to ar improvements of the water systems, grid for the payment of the cost of maintenance and aperatiar: of the water system. the City shall make a r+easarsable effort to supply water at the au3~ ar property line in adequate quantities and at proper working pmessures to meet the reasonable needs and r+equis+ements of ca~miezs with domestic service, oamneroial service ar industrial service. Untreated water for irrigation service will be supplied to the extent and thrax~s the water lines available far such service and only by means of gravity flow. Failure of the City to provide water in sufficient quantities ar at pr~apar working pressures, under the provisions of this Title, shall net give rise to any liability as against the City, its officers ar employees, ewoept as otherwise provided far by general law. B. All water supplied oot~ers (except water for irrigation service where meters are not yet installed) will be measured by means of suitable standard water meters. A cubic foot will be the unit of measurement, unless otherwise provided far in the rate schedules hereinafter set forth by Council resolution. C. All water rates and charges shall beoane effective upon coru~ection of the premises to the water system. Delinquent charges and all penalties thereon shall o~situte a lien upon the real property served under provisions of Governmerft Cbde Section 54344 et sea. D. Water rates and d~z-rges set Earth by Courri]. resolution are applicable in all cases except as otherwise r+equis~ed puzsuant to any ocrttract vn3er which the City acquires any part of the water system, ar where Cour:cil may specify other rates and charges far water service in any contract approved by the cxaanil for service to any c~~er for large quantities of water for oam~ercial service ar industrial uses. 15.08.020 Private fire protection service--special condition. Rhe following special oorditiaLS shall apply to the provision of water service rexdered by the water systea far privately owned fire protection systems: A. 'II7e fi.Z+e protection service ooQmecticn shall be installed by the City at the applicant's cost wd~ich is not reRurdable; B. If a diatributiai main of adequate size to serve a private fire protectia~ system in addition to all other normal service does not exist in the street ar alley adjacent to the premises to be served, then a service main fmn the nearest eacisti»g main of adequate capacity will be installed by the City at applicant's cost which is not r+eRux]able; C. Service hex~xu:der is far private fire protection systems to which m ooav-ections far other than fire protection purposes are allowed. Said systems shall be installed arxi maitrtained aooordinxi to t2•.e requirements of the City and are subject to inspec,~tion by the city. Zhe City may require the installation of a standard detector type motor approved by the Boan~i of Fire Underwriters far protection against theft, leakage ar warts of water; D. Water delivered far other than fire protection purposes shall be c2~arged at the rata astalaliatsad far general mataxvd water aarvioo for domestic, oa:aneroial aryl industrial uses. -4- ORDI2~NCE N0. 1403 E. `ale City will s->pply only such water at suc31 pressure a8 may be available from time to time as a result of its normal operatics of the water system. Zhe following special oaditians shall apply to the provision of water service zrsder+ed for public fire protection: A. Hyniranlts owned by the City will be installed, maintained, painted, inspected and relocated at the experLSe of the City fr+aa r+evesnrea of the water system= B. Hydrarsts owned by a public agency other than the City will be installed, mair~i-Ainw~1~ painted, inspected and re-located 8t the expense of that public agency. Zhe City will install and own the tee in the main, the hydrant branch and the control valve; C. All fire hydrants will be attached to the City~s distribution mains only as authorized by the proper public agency Any public agency i petal l irg such 2sydratrts shall provide the City iri writing a designation of the ownership, size and type of hydrant and ita location prior to i rural 1 nti~; D. Number of outlets in standard outlets shall be limited to one four inch and two two and one-half inch outlets. E. Water delivered thragh fire hydrants far purposes other than fire protectial, shall be dlarged at the quantity rate established by council resolution Por general metered service; F. ale City will supply only s1x31 water at such pr'essLa+e as may be available fYrxn time to time as a result of its narmal operation of the systean. 15.08.040 Outside Ci1ry limits. Unless otherwise provided by council resoluti~, the rates and boundariesF oP the City shall be in amcxmts equal to and charges which would be applicable if the premises were located within the City. 15.08.050 No free water service. No water and no services or facilities of the water system shall be Banished to any oonstaaer or to any person (including the City) free of charge awcept as required p:asuant to any contract under which the City aa;uires any part of the water system. 15.08.060 Separate Drelrtises under sirxxle control. A. Separate premises under single control or management shall be Furnished water through separate inxiividual service oaru:ectiar:s unless the City elects otherwise. Separate houses, buildings, living or business quarters on the same lot, piece or parcel of land ar on adjoining lots, pieces or parcels of lard, under a single caltrol ar management shall be Banished water, at the optican of the City, by either of the following methods: i. azra~gh separate service o~nections to each such house, building, or living or business quarter; or -5- ORDINANCE N0. 1403 2. 4hrough a single service carmectioai to supply all of such houses, buildirr~s aryl living and business quarters in which case only one minimrm cisasge shall be applied and the responsibility far. payment of charges far all eater Banished shall be paid by the consumer having such control ar marsagemeat. B. Ewcept by special agreement with the City no oonswoer shall resell any water furnished by the City thrwgh the water system. 15.12.010 Meter tests--Adjustment of bills far meter erroar. 15.12.020 Q~azges-Billing and payment. 15.12.030 Payment r~esponsibillty--Credit-T~orary service. 15.12.040 Notices. 15.12.050 Enforr~oertt provisions. 15.12.060 Service Refusal. 15.12.070 Supply shortage-Service intelzuptions. 15.12.080 AYU~ections-Pprmits~fain extensions. 15.12.090 Department-D.rties oP Manager. 15.12.100 Appeals. 15.12.110 Violations. A. 1. Prior to Znstallatian. Every meter will be tested prior to being installed and no meter will be placed in service if found to register more than two per+oent fast ar slow; 2. upon Oansumer's Request. a. A wnstmier may, on no less than one week's r»tice, request that the City test the meter serving his pz+emises, b. No charge will be made far suds a test, except where a oais~mws requests a test within six months after installation of the meter ar more often than once a year, in which case a service fee will be assessed as established by Owxmcil resolution. c. No service change will be made if the average mater error is found to be more than two per~eatt fast. 7Yse om~stm~er will be notified of the time and place of the test prior to testing. d. A oooszm~es shall have the right to require the City to conduct the test in his presence ar in the presenoa of his repr+esenntative. F~ese the City has no property meter testing facilities available locally, the mater may be tested by an outside meter manufacturer ar its agency, ar by any other reliable organization equipped for water meter testing, in which latter case the consumer may demand a duly notarized statement, certifying as to the method used in making the test and as to the axuracy thereof, _ _ furnished to the fifteen dam after test will be ~. ys oa~letion of the -6- ORDINANCE N0. 1403 B. Adjustrnent of sills Par deter F~rar. 1. Fast Meters. l@resr, upon test, the average meter error is fauxi to be more than two percent fast, the City will reftu~d to the consumer the amount o! the overcharge based an corrected meter readings for the period the meter was in use but not exoeedirrg six moarthsi 2. Slow Meters. ld'ien, upon test, a meter is found to be registering more than five percent slow, the City shall bill the ooa~stm~er for the amount of the u~arge based upon correcsted meter r+eadinls far the period the meter was in service but not e~roeeding three months; 3. Nonregisterirg Meters. Zhe City shall bill the oonsimner far water wed while the meter was noruegisterirg but for a period not e~aceeding three months at the mirtirann monthly meter rate, ar upon an estimate of the cor~mption based upon the oanstmoer's prior use during the same season of the year if oorrlit,ions were unc3~arr3ed, ar upon an estimate based upon a reasa~able ocmgaarisan with the use oP other ornsumers during the same period, receiving the same class of service under similar ciram~stances aryl conditions; 4. General. Notwithstanding the above described time periods, when it is found that the error in a meter is dire to seas cause, the date of which can be fixed, the overt3~arge ar the ~e will be oanputed back to but not beyond such date. 15 12 020 Chases--Billi*+sr~;a. A. All water charged shall beams due arxi payable at the City of Cupertino offices on the date of presentation thereof and shall beaioe delinquent err the fifteenth day after the date oP preserrtatian, except that closing bills, where service is discontirnred, will be due and payable an date of pr+eseittation acrd collection will be made at time oP prnserrtation. All bills far water charges will be zrndered by the City and issued at regular intervals. Meters will be read at regular intervals far the preparation oP regular metered service bills and as required for the preparation of apeninq bills, closing bills and special bills. Eac3i meter will be read ~ParatelY• B. Opening bills, closing bills, regular bills for periods o~taining fewer days ar moze days than an average billing period, and other bills requiring pr+oraticn, will be cotnputed in aooordanoe with the applicable schedule, but the amount of the fixed c3iaxge ar minirmmt~e specified therein, will be prorated an the basis oP the ratio oP the number of days in the period to the number of days in the average billitrg period. Shculd the total period of service be less than one month, no proration will be made arxi no bill shall be less than the specified monthly fixed charge ar' miniaaaac3~arge. oaa~sumess will be bp~rintedf arsubsantially~the~fouowing 1a~i~quage: City to its "If this bill is not paid within fifteen days after the date of presentation, service is liable to be discontinued. A cash deposit arYi reoormectior- fee may be z~equired to r+e-establish service." 15.12.030 Payment responsibility. A. All water c3~arges shall be the ultiimate responsibility of the property owner of the real property served by the water system. Charges may be billed to the oonstm~ex who requests oonnecti~ to the water system, or his successor in interest, ar to any ORDI2~JCE N0. 1403 perso:t requesting that such bill be mailed to him, provided, however, that failure of the propexty owner to receive water bills shall not relieve said owner of the ultimata respar~sbility far payment. e. Each applicant far metered servvioa will be required to establish credit before receiving service. Credit will be deemed established if the applicant meets any ons oP the following oorditions: 1. IP applicant is the owner of the pr+einises tipart which service is requested ar of other real estate sewed by the rater system) 2. If applicant makes a cash deposit as established by Cctulcil. 3. If applicant furnishes a gual2titcr satisfactory to the City to secure payment oP the water bills; ar 4. If applicant has been a carzstIIder of any predeoessar of the City and during the last twelve consecutive months of service by said predeoeP,ssor has paid all water bills without Par naripaymutt C. Any applicant who has previously been a constm~er oP any predecessor of the City anti during the last twelve months has had water service discoritirnted because oP nonpayment of bills may be z~egttired to reestablish credit by making a cash deposit to secure payment of his water bills equal to twice one estimated bill for the service desired. Any consumer whose water service has been discariti,rtued far nonpayment of bills may be required to rt3establish credit by making a cash deposit equal to twice the amount of an average monthly bill for the services desired. D. All deposits made with the City to establish credit will be held by the City in a special Fund affi may be applied by the City to unpaid bills for water service when service is discantimted ar, to the extent that there are no unpaid bills far water service apart disoariti:n~anoe thereof, will be refunded to the oaris~amer; provided, that after a cans-aner has for twelve oanseattive months paid all bills far water service prior to delinquency, the City may refurrl the deposit without ititer~est. E. The City will, if r» utztte hards2tip to its existing oans~miers will result therefrtin, furnish teag~orary service udder the following conditions: 1. Ztte applicant will ba required to pay to the City, in advance, the estimated net cost of installing acid re<rovitig the facilities necerssaty to furnish the service; and 2. tdtere duration of service is to be less than one billing period, the applicant may also be r~egttired to deposit cash equal to the estimated bill, subject to adjustment atxi reriutd ar repayment itt aocordame with actual bill rendered upon disoontinuatre of service; or 3. 4dtera duration of service is to exceed one billing period, the applicant may also be rec~ired tc establish credit in the manner prescribed far pezaarterit service in subsectiart B oP this section. F. In the event a temporary service becomes permartenit, the City will refund to the temporary oonstaner the amount paid far a te~orary service installation apart payment of the applicable oarutectioat fee provided far in this title. 15.12.040 Notices. A. Notioev ftrom the City to any oar~m~er will be given in writing, either delivered to the oartistimier ar mailed to the last known address, e~ooept that where ootx~tiaris warrant ar in any emergency the City may give verbal notire by telephone ar in person. -8- ORDINANCE N0. 1403 B. Notices frao the oonstmier to the City may be given by the oonsamer ar an authorized represmztative vezi~ally ar in writing at the office of the Finance Depart:oent ar to any City employee ar agent who is authorized to zieceive notices ar ~~~Ai*+*a, ar may be seat by mail to the Fintuk7s office. 15. L .050 Enfor+ognent nmvi si ryna, A, ~e ~ggr is C2]SYged with the enforcement oP all of the prwisians of this title. B. A consumer's water service may be discontinued for nonpayment of a bill for water service furnished iP the bill is not paid within fifteen days after date of pr~eserntatian. A mar's water service may also be disoontirnied for nonpayment of a bill for water service furriistsed at a previous ar different located served by the City, if sucYn bill is mt paid within thirty days after presentation at the new location. No service will ba discontinued under this subsection until at least five days after deposit by written n»tioe from the Manager to soh consumer in t2se United States Post Office of Cupertim, Santa Clara County, California, addressed to~per~ ~wd~an noktoe is given and stating the City's intenticr~ to C. the City may refuse to furnish water and may disoo~ntinnne service without notice to any premises where apparatus, appliances ar equipment using water is found by the Manager to be dangerous ar unsafe or where the use of water an such premises is found by the Manager to ba detrimental or injurious to the water service furnished by the City to other oons~nners, or where the Manager fink that negligent ar wrasteful use of water exits on any premises which affects the City's water service. ~e City shall have the riot to reEtnse ar discontirnie water service to any prelaises if necessary to pzntec.~t itself against fraud or abuse. D. In the event of violation of any terms of Chapters 15.04 thrax~ 15.12 (except under subsections B. ar C. of this section), the City may disconnect the premises to whid~ stu3i violation relates fry the water system after first notifying in writing the person causing, allowing ar ooamtittirg such violation, specifying the violation and, if applicable, the time after which (upon the failure of such person to prevent or rectify the violation) the Manager will exercise authority to disooau~ec„-t the pr~emisrs fran the water system; provided, that :tech time shall not be less than five days after the deposit of such n»tice in the United States Fbst Office at Qnpertino, Santa Clara County, California, addressed to the person to whom notion is givens provided hewever, that in the event such violation results in a public hazard ar menace, then the Manager may enter upon the premises without notice and do such things and expend such sums as may be necessary to abate such hazard, and the reasonable vales of the things dome arcs the amounts experxied in doing shall be a ~e upon the person so in violatioa~. E. Ups failure of any consumer billed ar the owner of any premises to pay anl- water service charge prior to delinquency, the following action shall ba taken by the City or the Manager to enforce such payment. In each case where a~ bill far water service renains unpaid after suds bill beoanes delinquer-t, the Manager shall: 1. Discaru~ect the premisFS fmn the water systeJn for nrx~ayment of water bills; and -9- ~iDINANCE N0. 1403 2. Cause an action to be brought on behalf oP the city against s ~h ~ responsible far payment of such bill to r+eoover the atttount of plus interest at the rata of 7g par anntmt trrm, day of delinquesxy and any legal costs isxur7oed as a z~esult of such actioat. 3. Cause alien to be reoortled against the zeal property sewed by the water system under the provisions of Goverramxtt Code Section 54344 et. sea. F. Fdtertever any premises have been disoanrtected fmu the water shall not be z+eo~u acted to theme wat~ex~ syste~a un ~deliriquent charges have been paid, together with reoo~utecticn ~e and until credit iB established pursuant to Section 15.12.030 ewcept as follows: 1. Far the put~pose of health and safety the Manager may authorize service reconnected far a tempar~asy period not to etaceed fifteen (15) days. 15 L 060 Servirp ~iiccrx,rirnum:--Refusal. A. Arty oonslauer may 1]ave his water service disoorttitated by giving notice to the Finance Deparhment requesting disocntirntanoe not less than two days priar to the requested day of discotttittuannoe. Fac2t such oonsttmer shall pay all water charges up to and including the date of disoontirtttattce stated in such notice. In any case where stx2t notice is not given, the const~er shall. be required to pay far water service until two days after the water department has knowledge that the oonstnner has vacated the pmetnises ar otherwise discoattirated water service. ate City shall make a reoorvtection charge for restoring water service to any over whose water service has been discontinued at their rBquest. B. Rhe City may refuse an applicant far service under the following oonditians: 1. If the applicxrtt fails to omloly with the provisions oP Chapter 15.04 thrvttgh 15.121 2. If the irttexr3ed use oP the service is in the opinion oP the Manager oP such a nature that it will be detriaietttal ar injurious to service furnished to existi~tg oonstm~erss installati«t Por ut~iliz~ i of the Manager an applicant's i.ng the service is unsafe ar hazardous ar of such a nature that satisfactory service catutot ba r~tdesedt 4. If service has theretofore been discontinued far fraudulent use, service will not be rattdered tvttil the Manager has deterutined that all conditions of fraudulent use ar practice have been corrected. Fdien an applicant is refused service ruder the provisions oP this sutbsectiort, the Manager shall inform him of the reason for the refltsa.1 to serve him atrl of his right of appeal to the council hereunder. 15.12.070 Suooly sYtortaae-Service irtternmtions. A. Rhe City will exercise r+easoQ'table diligence to provide oorttirntous an3 adequate water service to oonsumiers artd to avoid any shortage ar interntption of delivery of water, but cannot guarantee oa~lete ft:~eeclan fran interntpt•3on 'Ihe water department shall have the right to suspe~~d water service tet~orarily to treks neoessaty repairs ar iaq~rovemeztta to the water system. 7n each case oP te~or.uy ~tc~cancion oP service the water deparbnent will notify the wnsuzrers affected as soon as cirtiwnstartces permit an3 will prosecute ORDB~NC~ N0. 1403 the work of repair or imprwe~errt with due diligeryoe and with the least possible inootrvenies~oe to ooa~ers. B. Wring arty period of threatened ar actual water shortage the City shall have the right to apportion its available water supply ~ consumers in such manner as appeals most equitable under the cix~cxm~.-fences then prevailing and with due regaz~i to public health and safety. _C. '!he City shall not be liable for internrptiarr, shortage ar occasi~ of water supply or water presaa+s ar any loss ar damage Y• 15.12.080 Cor'u~eetia*+s-Permits--Main >r7ctertisions. A. Pezmits -Any ty aoquisitia¢r~of thesysteln~nr any awhose premises is undergoing a relatively large change (25$ greater than the existing rate of flow or anunral oansur~tion) in water use, shall first obtain a permit fran the Manager. resolutior-~garf the it ght to obtain a sear ch~irga as established by B. Application - fiery applicant for water service shall sign an application form, provided by the City, on which the Following informatics is to be provided: 1. Applicant's name, address, and curretst data. 2. Street address of the premises. 3. Estimated date service will be required. 4. Purpose far which the service will be required. 5. The applicant shall review the auz'ent regulations oor~cernrirr~ "Regulations rnlati.ng to crross-cacurectior~s", Title 17, California ~ini~tive Code, and SectioPr 15.30 of this Code. Applicants shall state aai the application Form if any materials, processes or systems require the installatia- of "cross oorurecticar devices" ~ the City's water system service. 6. The maximmm arxi miniman rates of consumption (gpm) anri the estimated total yearly oortsumptiott. 7. Any Other date or fact which may be required by the City Par determination of the size, capacity, ar type of cross oo¢~nection Protection. 8. the applicants shall indicate if they are the owners, tenants, or agerrts oP the premises. 9. 'II~e address where the bills are to be seat. Zhe application is ea~].y a written request far service and does not bird the applicant to talon service for a period of time larger than that upon which the rates and minimum charges of the applicable rate sc3vedule are based; neither does it bird the City to serve, except under reasonable conditions. Two ar more parties who join in aa~e application far service sha].1 be jointly and severally liable for payment oP bills and shall ba billed by means of single periodic bills. -11- ORDB~2JCE N0. 1403 C. Consumezs making any material ~e in the size, d~aracter ar extent of the utilizing equipoertt or operation fns which the City is supplying water service shall immediately give the city written notice of the extent and nature of the c3rarrge. D. Failure by any Person ar any consumer to Pile ens application containing the information required by Chapters 15.04 thrYxx,~i 15.12 shall constitute a violation of chapters 15.04 throuc~i 15.12. No application shall be conclusive as to the matters thez~ein set forth nor shall the film of any application preclude the City Plmt oolle~*i ~ &cm the oot~aner responsible far payment (as provided in Chapters 15.04 through 15.12) by appmopriate action such sum as is actually due aryl payable Par water service under the provision of Chapters 15.04 thrrxx3h 15.12. Each application shall be subject to verificatien by the Manager. Any persor- who takes possession of and uses water fmn the water system without having made application for service pursuant to Chapters 15.04 thrax~l 15.12 shall ba held liable for the full amount of the service z~ende.red. E. Rhe City may require a written contract with any case where urrus-uai quantities of water ar oorLStruct:ior- oP special facilities are ar will be required. F. Except for any oannection made pursuant to subsections G. ar H. oP this section, the City will, upon Payment of the applicable ooau~ection it~s~water main to the curb line, or at ie~ctioan, to~tha property line of any premises for which a connection to the water system is requested, P~i~d such abut upon a public street or existirxg water main right-oP-way ai which a water main of the water eysten is located. G. All meters and service connections shall be irLStalled by the city, subject to payment of applicable corvyec~tlan d~atges. No rent ar other charge shall be paid by the City for any meter or other facilities located on a o~stmier's premises. H. All service connections, meters, main extensions and installations paid for by applicants aryl all other facilities IUrnished by the City, whether located wholly ar partially on public ar private property, shall be and main the property of the City whic3r shall have the right to repair, replace and maintain the same and the riot to remove the same upon discronti,rruanoe of service. Zhe Manager or other duly authorized agent oP the City shall have at all reasonable times the right oP irgr+ess to and egress from any oonstmier's pr+eznises for any purpose Properly relating to the ~ ~ ~h.!s~g oP water to the oons~m~er. Any inspection work ar reoamnendations made by the City ar its agents in connection with plumbing or appliances ar any use of water on the consumer's premises, either as a result of a oaoPlaint or otheLwise, will be made without charge. No agent ar employee of the City shall accept any personal crnq~ensation fmn a oonswner or applicant for any serv;ces z~xdered. I. the City shall not be responsible for any lass ar damage caused by any negligerx~ ar unlawful act of any eons~aoer ar any other parson in installing, maintaining, supplying ar using any apPliarr~es, facilities ar equipment for which water or water service is Rrrnished by the City. Each constaner shall be held responsible for damage to the City's meters and other property oafrising any Part of the water system resulting frcmm use or operation of any appliar~s or facilities on such ~alstmrs's premises, -12- ORDI2~INCE NO. 1403 including, without limiting the generality of the foregoing, damage caused by steam, hot water ar c3mmzicals. J. It shall be a Violation of this dsaptar far any person to tamper with any of the property omprising the water system. K. Contributions in aid of construction - Rhe City shall pay the applicant far main extensia~s atzi imtmovenoents whenever the applicant installs i~ which exceed in size or capacity the minimum capacities ar sizes established far the applicant's pr+emisea. In additi~-, the City shall pay the applicant far imprwem~ents installed beyond the projected frontage of hia pr+e'mises, or whenever his prrmises do not front an tha main installation. 'lYie rata ar amaatt of payment by the City shall be established by a "Schedule of Reimbursement" adopted by the Oaaycil. However, the applicant shall bond affi ocnstrtx,~t all facilities with the City's payment oocurriry at formal acceptance of the work. L. FYntttage Pees - YdsEnevet an applicant's P2'elnises fronts sn existing water main which was not installed by the applicant, but was paid for and installed by the City ar any person to whcm the City reimbursed monies far a main extensiony the applicant shall then pay to the City a fznntags fee in aooorr]anoe with the sdledule of reimbursement adopted by the Council. 15.12.090 Decoa_+±~w*+*-Duties of Man~a,+r. A. A water department of the City is ci'+eated and established arri shall have jurisdiction, supervision and control of the water system and of the oonstzuction of all rts, additiass and extensions thereto hezeafter oo~tstn~cted or improvements additions and ext~sions thereto~.~~ ~~ and all of said 8. Subject to the general eontrvl of the Council, the water department shall be under the general supervision oP the City Manager and shall consist of such number of emplcyees as are determined by the Manager to be necessary. C. Zhe Manager or designated representative shall supervise all oonneckioais to the water system, shall collect all water bills and charges ar~d all owv~ection and other fees herein provided for and shall enforce all of the provisi~s of this chapter and shall keep an aaurate aooountfng and records showing the source, amount and disposition of all furls received by the City heretmder. 15.12.100 ATM')ea1g. A. Any pion ~p sha11 }~ a right to appeal as provided in any section of this chapter or who shall be dissatisfied with any determination hereafter made hereunder by the City or the Manager may, at any time within thirty days after such determination, appeal to the council by giving written notice to the Manager and to the City Clark, settiixJ forth the deteratinatiort with which suc3i person is dissatisfied. ~e Council may, at any time, upon its own motion appeal from any decision made by the City ar the Manager heretiuxlnx. In the event o! any such appeal, the Manager shall transmit to the Council a report upon the matter appealed. Zhe Council shall cause notice to be given, at least ten days -13- ORDII~tdCE N0. 1403 prior to the time fixed for such hearing, to all persartis affected by such appeal of the time and place lixed hY ttse Ootmcil far hearing such appeal. Ztse Council shall direct the City Clerk to mail a written notice, postage prepaid, to all such. persons moose addressee are known to the Cotulcil. H. Rending decision upon any appeal, relative to the amount of any charge hereunder, the parson making ouch appeal shall pay such c3~arge. After the appeal is heard, the Council shall order refundded to the persaa~ making such appeal such amount, if any, as the Oouncil shall determine shaild ba relluried. 1F_1~.110 yio~ations Any person violating ar refusi~ ar failing to oamgly with any of the pnovison of Ci~apters 15.04, 15.08 and 15.12 shall be deemed guilty of an infraction arxi, upaa- conviction thereof shall be p~utishable as set forth in Chapter 1.12 of this Code.