Ordinance 1604
;ORDINANCE NO. 1604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO AMENDING CHAPTER 15.12, WATERWORKS
SYSTEM--REGULATIONS AND ENFORCEMENT, OF THE
CUPERTINO MUMCIPAL CODE
The City Council of the City of Cupertino hereby ordains that Chapter 15.12,
Water works System-Regulations and Enforcement, shall be amended to read as
follows:
Chapter 15.12
WATERWORKS SYSTEM-REGULATIONS AND ENFORCEMENT
Sections:
15.12.010 Charge-Billing and payment.
15.12.020 Paymart responslbtlity-Credit-Tee,porary service.:
15.12.030 Notice.
15.12.0+0 Enforcement provisions.
15.12.05A Service discontinuance-Refusal
iS.iZ.060 Supply shortage-Service interrnptioes. "-'~
15.12.870 Connections-Permits-Main eztea:iom. '`' ~ `~"'
15.12.080 Department-Duties of Manager.
15.12.090 Adjustment of Bilis
15.12.100 Appeals. , , ~ ~~'~'''~'"
15.12.110 Violations.
15.12.010 Charges-Bllliags and payment.
A. All water charged shall become due and payable at the City of Cupeitino
offices on the date of presentation thereof and shall become delinquent on the fifteenth
day after the date of presentation, except that closing bills, where service is discontinued,
will be due and payable on the date of presentation and collection will be made at time of
presentation. All bills for water charges will be rendered by the City and issued at
regular intervals. Meters will be read at regular intervals for the preparation of regular
OItDINANCIi NU. 1604 •
metered service bills and as required for the preparation of opening bills, closing bills
and special bills. Each meter will be read separately. ,
B. Opening bills, closing bills, regular bills for periods containing fewer days
or more days than an average billing period, and other bills requiring proration, will be
computed in accordance with the applicable schedule, but the amount of the fixed charge
or minimum charge specified therein will be prorated on the basis of the ratio of the
number of days in the period to the number of days in the average billing period. Should
the total period of service be less than one month, no proration will be made and no bill
shall be less than the specified monthly fixed charge or minimum charge.
C. On each bill for water service rendered by the City to its consumers will
be printed substantially the following language:
If this bill is not paid within fifteen days after the date of presentation, srnice is
liable to be discontinued. A cash deposit and reconnection fee may be required to
reestablish service.
(Ord. 1403 Exhibit A (part), 1987; Ord. 90l (part), 1978; Ord. 107 Section 5, 1959)
15.12.020 Payment ropoosibility-Credit-Temporary Service
A. All water charges shall be the ultimate responsibility of tho property
owner of the real property served by the water system. Charges may be billed to the
consumer who requests connection to the water system, or his/her successor in interest,
or to any person requesting that such bill be mailed to him/her, provided, however, that
failure of the property owner to raxive water bills shall not relieve the owner of the
ultimate responsibility for payment.
B. Each applicant for metered service will be required to establish his/her
credit before receiving srnice. Credit will be deemed established if the applicant meets
any one of the following conditions:
I. If applicant is the owner of the. prrsrtises upon. which service is
requested or of other real estate srned by the water system;
2. If applicant makes a cash deposit as established by Council;
3. If applicant furnishes a guarantor satisfactory to the City to secure
payment of the water bills; or
4. If applicant has been a consumer of any predecessor of the City
and during the last twelve consecutive months of service by such predecessor has paid all
water bills without discontinuance for nonpayment thereof.
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C. Any applicant who has previously been n consumer of any predecessor of
the City and during the last twelve months has had water service discontinued because of
nonpayment of bills may be required to reestablish credit by making a cash deposit to
secure payment of hislher water bills equal to twice one estimated bill for the service
desired. Any consumer whose water service has been discontinued for nonpaymtnt of
bills may be required to reestablish credit by making a cash deposit equal to ta+ice the
amount of an average monthly bill for the services desired.
D. All deposit made with the City to establish credit will be held by the City
in a special fund and may be applied by the City to unpaid bills for water service when
service is distxnttinued or, to the txtrnt that there art no unpaid bills for water servico
upon diswntinuance thereof, will be refunded to the consumer provided, that after a
consumer has for twelve consecutive months paid all bills for water aervico prior to
delinquency, the City will refund the deposit without interest.
E. The Cit•, will, if no undue hardship to its existing catsumers will result
therefrom, furnish temporary service under the following conditions:
1. The applicant will be required to pay to the City, in advance, the
estimated net cost of installing and removing the facilities necessary to famish the
service; and
2. Where duration of service is to be less than one billing period, the
applicant may also be required to deposit cash equal to the estimated bill, subject to
adjustmrnt and refund or repayment in accordance with actual bill rrndered upon
discontinuance of service; or
3. Where duration of service is to exceed one billing period, the
applicant may also be required to establish his credit in the manner prescribed for
pemtanrnt service in subsection B of this section.
F. In the evrnt a temporary service becomes permanrnt, the City will refund
to the temporary consumer the amount paid for a temporary service installation upon
paymrnt of the applicable connection fee provided for in this title. (Ord. 1403 Exhibit A
(part), 1987: Ord. 901 (Part), 1978; Ord. 107 Section 6, 1959)
15.12.030 Notices.
A. Notices from the City to any consumer will be given in writing, either
delivered to the consumer or mailed to the last known address, except that where
conditions warrant or in any emergency the City may give verbal notice by telephone or
in ptrson.
B. Notices from the cwtsumer to the City may be give by the oonsumer or an
suthoriud representative verbally or in writing at the office of the Finance Depargnent
or to any City employee or agrnt who is authorized to receive notices or complaint, or
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may be sent by mail to the Finance Office. (Ord. 1403 Exhibit A (part), 1987: Ord. 107
Section 7, 1959)
15.!2.040 Eatorcement provisions.
A. The Manager is charged with the enforcement of all of the provisions of
this titles
B. A consumers water service may be discontinued for nonpayment of a bill
for water service famished if the bill is not paid within fifteen days after date of
presentation. A consumers water service may also be discontinued for nonpayment of a
bill for water service famished at a previous or different location served by the City, if
such bill is not paid within thirty days after presentation at the new location. No service
will be discontinued under this subsection until at least five days after deposit by written
notice from the Manager to such consumer in the United States Post Office of Cupertino,
Santa Clara County, California, addressed to the person to whom notice is given and
stating the City's intention. to discontinue service.
G The City may refuse to famish water and may discontinue service without
notice to any premises where apparatus, appliances or equipment using water is found by
the Manager to be dangerous or unsafe or where the use of water on such premises is
found by the Manager to be detrimental or injurious to the water service furnished by the
City to other consumer, or where the Manager finds that negligent or wasteful use of
water exists on any premises which affects the City's water service. The City shall have
the right to refuse or discontinue water service to any premises if necessary to protect
itself against fraud or abuse.
D. In the event of violation of any terms of Chapters 15.04 through 15.12
(except under subsections B or C of this section), the City may disconnect the premises
to which such violation relates from the water system after first notifying in writing the
person causing, allowing or committing such violation, specifying the violation and, if
applicable, the time after which (upon the failure of such person to prevent or ratify fire
violation) the Manager will exercise authority to disconnect the premises from the water
system; provided, that such time shall not be less than five days after the deposit of such
notice in the United States Post Office si Cupertino, Santa Clara County, California,
addressed to the person to whom notice is given; provided, however, that in the. event
such violation results in a public hazard or 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 value of the things done and the amounts expeaded
in so doing shall be a charge upon the person so in violation.
E. Upon failure of any consumer billed or the owner of any premises to pay
any water service charge prior to delinquency, We following action shall be taken by the
City or the Manager to enforce such payment. In each case where any bill for water
service remains unpaid after such bill becomes delinquent, the Manager shall:
ORDINAIr'CE h0. l~ .
1. Disconnect the premises from the water system for nonpayment of
water bills; and
2. Cause an action at law to be brought on behalf of the City against
the persort responsible for paymrnt of such bill to recover the amount of such bill plus
interest at the rate of seven percent per annum from day of delinquency and any legal
costs incurred as a result of such action; and
3. Cause a lien to be recorded against the real property served by the
water system under the provisions of Government Code Section 54344 et seq.
F. Whenever any premises have been disconnected from the water system for
any violation of Chapters 15.04 through 15.12, such premises shall not be reconnected to
rho water system until all delinquent charges have been paid, together with reconnection
charge, and until credit is established pursuant to Section 15.12.020, except as follows:
1. For the purpose of health and safety, the Manager may authorize
service reconnected for a temporary period not to exceed fifteen days. (Ord. 1403
Exhibit A (part), 1987; Ord. 107 Section 8, 1959)
IS.2?.OSO Service dtseoatinuaaca-Refusal.
A. Any consumer may have his water service discontin:xd by giving notice
to the Finance Department requesting discontinuance not less than two days prior to the
requested date of discontinuance. Each such consumer shall pay all water charges up to
and including the date of discontinuance stated in such notice. In any case whore such
notice is not given, the coaaumer shalt be required to pay for water service until two days
after the wf.ter department has knowledge that the consumer has vacated the premises or
otherwise discontinued water service. The City shall make a reconnection charge for
restoring water service to any consumer whose water service has been. discontinued at
their request.
B. The City may refuse an applicant for service under the following
conditions:
1. If the applicant fails to comply with the provisions of Chapters
15.04 through 15.12;
2. If the intended use of the service is, in the opinion of the Manager,
of such a nature that it will be detrimental or injurious to service furnished to existing
consumers;
3. If, in the judgment of the Manager, an applicanNs installation for
utilizing the service is unsafe or hazardous or of such a nature that satisfactory service
cannot be rendered;
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ORD[N~WCE ti0. 1604 ` .
4. If service has theretofore been discontinued for fraudulent use,
service will not be rendered until the Manager has determined that all conditions of
fraudulent use or practice have been corrected.
When an applicant is refused service under the provisions of this subsection, the
Manager shall inform him of the reason for the refusal to serve him/her and of his/her
right of appeal to the Council thereunder. (Ord. 1403 Exhibit A (part), 1987: Ord. 107
Section 9, 1959)
15.12.060 Supply ahorfage~Serviee interruptions.
A. The City will exercise reasonable diligence to provide continuous and
adequate water service to ornrsumers and to avoid any shortage or interruption of delivery
of water, but cannot guarerrtee complete freedom from interruption. The water
department shall have the right to suspend water service temporarily to make necessary
repairs or improvements to the water system. In each case of temporary suspension of
service the water department will notify the consumers affected as soon as circumstances
permit and will prosecute the work or repair or improvement with due diligence and with
the least possible inconvenience to consumers.
B. During any period of threatened or actual water shortage the City shall
have the right to apportion its available water supply among consumers in such manner
as appears most equitable under the circumstances then prevailing and with due regard to
public health and safety.
C. The City shall not be liable for interruption, shortage or insufficiency of
water supply or water pressure or any lass or damage occasioned thereby. (Ord. 1403
Exhibit A (part), 1987: Ord. 107 Section 10, 1959)
15.12.070 Conoeetioos--Permits-Main a=tensions.
A. 1. Pemtits. Any person whose premises was not connected to the
water system upon the date of the City's acquisition of the water system, or any person
whose premises is undergoing a relatively large change (twenty-five percent greater than
the existing rate of flow or annual consumption) in water use, shall first obtain a permit
from the Manager.
2. The Manager shall collect a connection charge as established by
resolution for the right to obtain a service.
B. 1. Application. Every applicant for water service shall sign an
application form, provided by the City, on which the following information is to be
provided:
a Applicant's name, address, and current date;
b. Street address of the premises;
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ORDINANCE NO. 1• •
c. Estimated date service will be required;
d. Purpose for which the service wilt be required;
e. (1) The applicant shall review the current regulations
concerning "Regulations relating to .cress-connxtions," Title 17. California
Administrative Code, and Cbapter 15.30 of this code.
(2) Applicants shall state on the application form if my
materials, processes or systems require the installation ofcross-connection devices on the
City's water system service;
f The maximum and minimum rates of consumption (gpm)
and the estimated total yearly consumption;
g. Any other data or foal which may be required by the City
for determination of the size, capacity, ortype ofcross-connection protection;
h. The applicants shall indicate if thry arc the owners, tenants,
or agents of the premises;
i. The address where the bills are to be sent.
2. The application is only a written request for service and does not
bind the applicant to take service for a period of time longer than that upon which the
rates and minimum charges of the applicable rate schedule are based; neither does it bind
the City to serve, except under reasonable conditions.
3. Two or more parties who join in one application for service shall
be jointly and severally liable for payment of bills and shall be billed by mesas of single
periodic bills.
C. Consumers making any material change in the size, character or extent of
the utilizing equipment or operation for which the City is supplying water service shall
immediately give the City written notice of the extent and nature of the change.
D. Failure by any person or any consumer to file an application containing
the information required by Chapters 15.04 through 15.12 shall constitute a violation of
Chapters 15.04 through 15.12. No application shall be conclusive as to the matters
therein set forth nor shall the filing of any application preclude the city from wllecting
from the consumer responsible for payment (as provided in Chaptcvs 15.04 through
15.12). Each application shall be subject to verification by the Manager. Any person
who takes possession of and uses water from the water system without having. made
application for service pursuant to Chapters 15.04 through 15.12 shall be held liable for
the full amount of the service rendered.
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ORDINANCE: NO. 1604 • •
E. The City may require a written contract in any case where unusual
quantities of water or construction of special facilities are or will be required.
F. Except for any connection made pursuant to subsections G or H of this
section, the City will, upon payment of the applicable connection charge, furnish and
install a service connection of suitable capacity from its water main to the curb line, or at
its election, to the property line of any premises for which a connection to the water
system is requested, provided such premises abut upon a public street or existing water
mainright-of--way on which a water main of the water system is located.
G. All meters and service connections shall be installed by the City, subjoet
to payment of applicable connection charges. No rent or other charge shall be paid by
the City for any meter or other facilities located on a consumer's premises.
H. All service connections, meters, main extensions and installations paid for
by applicants and all other facilities furnished by the City, whether located wholly or
partially on public or private property, shall be and remain the property of the City which
shall have the right to repair, replace and maintain the same and the right to remove the
same upon discontinuance of service. The Manager or other duly authorized agent of the
City shall have at all reasonable times the right of ingress to and egress from any
consumer's premises for any purpose properly relating to the famishing of wale to the
consumer. Any inspection work or recommendations made by the City or its agents in
connection with plumbing or appliances or any use of water on the consumers premises,
whether as a result of a complaint or otherwise, will be made without charge. No agent
or employee of the City shall accept any personal compensation from a consumer ar
applicant for any services rendered.
t. The City shall not be responsible for any loss or damage caused by any
negligence or unlawful act of any consumer or any other person in installing,
maintaining, supplying or using any appliances, facilities or equipmrnt for which water
or water srnice is famished by the City. Each consumer shall be held responsible for
damage to the City's meters a;~d other property comprising any part of the water system
resulting from use or operation of any appliances or facilities on such consumer's
premises, including, without limiting the grnerality of the foregoing, damage ceased by
steam, hot water or chemicals.
J. It shalt be a violation of this chapter for any person to tamper with any of
the property comprising the water system.
K 1. Contributions In Aid of Construction. The City shall pay the
applicant for main extensions and improvements whenever the applicant installs
improvement which exceed in size or capacity the minimum capacities ' or sizes
established for the applicant's premises.
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2. [n addition, the City shall pay the applicant for improvements
installed beyond the projected frontage of his/her premises, or whenever his/her premises
do not fronton the main installation.
3. The rate or amount of payment by the City shall be established by
a schedule of reimbursement adopted by the Council. However, the applicant shall bond
and construct all facilities with the City's payment occumng at formal acceptance of the
work.
L. Frontago Fees, whenever an applicant's premises fronts an existing water
main which was not installed by the applicant, but was paid for and installed by the city
or any person to whom the City reimbursed monrys for a main extension, the applicant
shall:.then pay: to the City a frontage feo in accordance with the schedule of
reimbursement adopted by the Council.. (Ord. 1403 Exhibit A (part), 1987: Ord. 1186.
Section 1, .1982; Ord. 107 Section 11, 1959)
15.12.080 Department-Duties of Manager.
A. A water department of the City is created and established and shall have
jurisdiction, supervision and control of the water system and of the construction of all
improvements, additions and extensions thereto hereafter constructed or acquired and
shall operate and maintain the water system and all of said improvements, additions and
extensions thereto.
B. Subject to the general control of the Council, the water department shall
be under the dirset supervision of the City Manager and shall consist of such number of
employees as are determined by the Manager to be necessary.
C. The Manager or designated representative shall supervise all connections
to the water system, shall collect all water bills and charges and all connection and other
fees herein provided for and shell enforce all of the provisions of this chapter and shall
keep an accurate accounting and records showing the source, amount and. disposition of
all funds received by the City herounder. (Ord. 1403 Exhibit A (part), 1987: Ord. 107
Section 12, 1959)
15.12.090 Adjustment of bills.
A. Meter Test
I. Prior to installation Every meter will be tested prior to;being
installed and no meter will be placed in service if found to register more than two percent
fast or slow;
2. On Consumer's Request ,
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ORDINANCE NO. 1604 •
a. A consumer may, on not less than one week's notice,
request that the City test the meter serving his/her premises.
b. No charge will be made for such a test, except where a
wnsumer requests a test within six months after installation of the meter or more oftrn
than once a year, in which case a service fee will be assessed as established by Council
resolution.
c. No service charge will be made if the average meter error
is found to be more than two percent fast. The consumer will bo notified of the time and
place of the test prior to testing.
d. A consumer shall have the right to require the City to
conduct the test in his/her presence or in the presence of his/her representative. Where
the City has no proper meter testing facilities available locally, the meter may be reared
by an outside m _ ' . i Any other reliable organization
equipped for water meter testing, in which -ater case the consumer may demand' a duly
notarized statement, certifying as to the method used in making the test and as to the
accuracy thereof.
e. A report showing the results of the test will tz furnished to
the consumer within fifteen days after completion of the test.
B. Meter Error.
1. Fest Meters. When, upon tests, rho average meter error is found to
be more than two percrnt fast, the City will refund to the consumer the amount of rho
overcharge based on corrected meter readings for the period the meter was in use but not
exceeding six months.;
2. Slow Meters. when, upon test, a meter is found to be registering
more than five percent slow, the City shall bill the consumer for the amount of the
undercharge based upon corrected meter readings for rho period the meter was in service
but not exceeding three months;
3. Non Registering Meters. The City shall bill the consumer. for
water consumai while the meter was non registering but for a period not exceeding three
months at the minimum monthly meter rate, or upon an estimate of the consumption
based upon the consumer's prior use during the same season of the year if conditions
were unchanged, or upon an estimate based upon a reasonable comparison with the use
of other consumers during the same period receiving the same class of service under
similar circumstances and conditions;
4. General. Notwithstanding the time periods set out in this section,
when it is found that the error in a meter is due to some cause, the date of which can be
ORDINA.tiCE NO. 1• •
fixed, the overcharge or the undercharge will be computed back to but not beyond such
date. (Ord. 1403 Exhibit A (part), 1987: Ord. !07 Section 4, 1939)
• C. Unnatural Causes. Adjustments to water bills may be granted when
consumption is caused by unnatural circumstances. Adjustrnents will be made upon an
estimate of the consumption based upon the consumers prior use during the same season
of the year if conditions were unchanged, or upon an estimate based upon a reasonable
comparison with the use of other consumers during the same period receiving the same
class of service. Consumption in excess of the reasonable usage will be charged at the
lowest rate within the customer's class of service.
15.12.10A Appeals.
A. Any person who shall have a right to appeal as provided in any auction 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 City Council by giving written notice to the Manager and to the City Clerk,
setting forth the determination with which such person is dissatisfied The Council may,
at any time, upon its own motion, appeal from any decision made by the City or the
Manager hereunder. In the evrnt of any such appeal, the Manager shall transmit to the
Council a report upon the matter appealed. The Council shall cause notice to be given at
least ten days prior to the time fixed for such hearing to all persons affected by such
appeal of the time and place fixed by the Council for hearing such appeal. The Council
shall direct the City Clerk to mail a written notice, pc3tagc prepaid, to all such persons
whose addressees are known to the Council.
B. Prnding decision upon any appeal relative to the amount of any charge
hereunder, the person making such appeal shall pay such charge. After the appeal is
heard, the Council shall order refunded to the person making such appeal such amount, if
any, as the Council shall determine should be refunded. Ord. 1403 Exhibit A (part),
1987: Ord. 107 Section 13, 1959)
15.12.110 Viohstlona.
A. Any person violating or refusing or failing to comply with any of the
provisions of Chapters 15.04, 15.08 and 15.12 shall be deemed guilty of an infraction,
and upon catviction therrnf shall be punished as set forth in Chapter 1.12 of this code.
B. Notwithstandingtpe above, any person violating Section 15.08.050 of this
title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished as prescribed in Chapter 1.12 of this code. (Ord. 1492, 1989: Ord. 1403
Exhibit A (part), 1987: Ord. 107 Section 14, 1959)
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ORDINANCE NO. 1604 . r
INTROllUCED a[ a regular meeting of the City Council of the City of Cupertino
this sth day of sentember , 1992, and ENACTED at a regular meeting of '
the City Council of the City of Cupertino t his 2 tsc day of septembe: , 1992, by the .
following vote:
tlQS!< Members of the City Counc il
AYES: Dean, Goldman, Koppel, Szalw, 3orenaen
NOES: None
ABSENT: None ; s .' ' ,
ABSTAIN; ° None
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ATTEST: APPROVED:
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ayor, City of CG 'no
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