The text
CHAPTER 13.04 - SEWERS*#
Footnotes:
--- (1) --- * Prior ordinance history: Prior code Sections 8400 through 8404 and Ords. 98, 156 and 265.
13.04.010 - Adoption of county ordinance.#
There is adopted as the sanitary sewer and industrial waste ordinance of the City of Commerce, except as it is hereinafter amended, Division 2 of Title 20 of the Los Angeles County Code (hereinafter in this chapter "the county ordinance"), as amended and in full force and effect through and including Los Angeles County Ordinance No. 89-0101, passed July 27, 1989.
(Ord. 433 § 1(part), 1990).
13.04.020 - Reference inclusiveness.#
Whenever, in the county ordinance, reference is made to the unincorporated area of the county of Los Angeles, such area shall be deemed to include in its true geographic location the area of the city.
(Ord. 433 § 1(part), 1990).
13.04.030 - Definitions.#
Whenever any of the following names or terms are used in the county ordinance, each such name or term shall have the meaning ascribed to it in this section, as follows:
"Board" or "board of supervisors" means the city council.
"Chief Engineer" or "county engineer" means the director of public works/city engineer.
"County health officer" means the city health officer.
"County of Los Angeles" means the city, except in such instances where the county of Los Angeles is a correct notation due to context or circumstances.
"County sewer maintenance district" means the county sewer maintenance district except in the instance where the territory concerned either is not within or has been withdrawn from a county sewer maintenance district. In any such instance, "county sewer maintenance district" means the city.
"Director" means the director of public works/city engineer.
"Inspector means the authorized inspector, deputy, agent, or representative of the director of public works/city engineer.
"Ordinance" means an ordinance of the city, except in such instances where the reference is to a stated ordinance of the county of Los Angeles.
"Public sewer" means all sanitary sewers and appurtenances thereto lying within streets or easements dedicated to the city, which are under the sole jurisdiction of the city.
"Trunk sewer" means a sewer under the jurisdiction of a public entity other than the city.
(Ord. 433 § 1(part), 1990).
13.04.040 - Section 20.32.110 amended—Connection to public sewer—Payment of fees required.#
Section 20.32.110 of the county ordinance is amended by adding the following paragraph to the end of the existing test: "All moneys collected under this section for sewer maintenance are to be submitted directly to the County Sewer Maintenance District for inclusion in the Maintenance District's funds."
(Ord. 433 § 1(part), 1990).
13.04.050 - Section 20.20.130 amended—House lateral.#
Section 20.20.130 of the county ordinance is amended by deleting the "construction" and substituting the word "connection."
(Ord. 433 § 1(part), 1990).
13.04.060 - Section 20.28.020 amended—Fees—Records required—Disposition of funds.#
Section 20.28.020 of the county ordinance is amended by deleting the last sentence of the paragraph, beginning with the words "The county engineer shall pay," and substituting the following text: "Except as otherwise provided in this ordinance, all money received under Section 20.28.020 shall be deposited with the County Treasurer and credited to the Special Sewer Maintenance Fund."
(Ord. 433 § 1(part), 1990).
13.04.070 - Part 3, Design Standards, amended by amending Section 20.32.690—Reimbursement for repairs and maintenance following violations.#
Part 3, Design Standards, of the county ordinance is amended by adding the following paragraph to Section 20.32.690: "In the event the damaged public sewer is not in a sewer maintenance district, the violator shall reimburse the city within thirty days after the City Engineer shall render an invoice for the same. The amount when paid shall be deposited into the city treasury."
(Ord. 433 § 1(part), 1990).
13.04.080 - Section 20.36.230 fees superseded—Different fee schedule established.#
In lieu of the schedule set forth in Section 20.36.230 of the county ordinance, the applicable fees shall be those set forth in Attachment A, atached to the ordinance codified in this chapter and by this reference made a part thereof. Said fee schedule may be revised from time to time by a resolution of the city council.
(Ord. 433 § 1(part), 1990).
CHAPTER 13.08 - REIMBURSEMENT CONTRACTS#
Footnotes:
--- (2) --- 2. For statutory provisions pertaining to lateral sewers and other facilities for property in subdivisions, reimbursement of subdividers, and charges to users, see Bus. & Prof. C.A., Section 11543.
13.08.010 - Reimbursement district defined.#
"Reimbursement district" means that territory which may benefit from utilization of further or additional sewer facilities constructed or agreed to be constructed at the expense of the county of Los Angeles general fund, pursuant to contracts entered into between subdividers and the county of Los Angeles, in accordance with Section 11543 of the Business and Professions Code of the State of California.
(Prior code §9300 (part)).
13.08.020 - Establishing boundaries.#
The exterior boundaries of reimbursement districts have been heretofore or may be hereafter established and are or may be reflected in reimbursement maps placed on file with the county of Los Angeles and with the city of Commerce.
(Prior code §9300 (part)).
13.08.030 - Reimbursement maps.#
Reimbursement maps are those maps on file with the county of Los Angeles, and the city of Commerce, designating the exterior boundaries of reimbursement districts and reflecting the reimbursement fees chargeable to included territory as a condition of utilization of the sewer facilities for which county of Los Angeles funds were expended.
(Prior code §9301).
13.08.040 - Reimbursement fees.#
Reimbursement fees are those charges, the imposition of which is authorized by the provisions of the Subdivision Map Act of the State of California, imposed on territory within reimbursement districts, to recoup the cost of further and additional facilities constructed at the cost of the County of Los Angeles. Such fees are reflected on those Reimbursement Maps heretofore referred to in Section 13.08.030.
(Prior code §9302).
13.08.050 - Payment of fees.#
No permit shall be issued for the connection of property lying within a reimbursement district to a public sewer until applicant shall have first paid to the county of Los Angeles all reimbursement fees attributable to the connecting property as indicated on the reimbursement map. Reimbursement fees shall be paid to the county engineer of the county of Los Angeles. Payments so made shall become the property of the county in accordance with the provisions of those contracts entered into pursuant to Section 11544 of the Business and Professions Code.
(Prior code §9303).
CHAPTER 13.12 - UNDERGROUNDING OF UTILITIES#
13.12.010 - Definitions.#
Whenever, in this chapter, the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
"Commission" means the Public Utility Commission of the state of California.
"Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to the provisions of Section 13.12.040.
"Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.
"Poles, overhead wires and associated overhead structures" mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric, communication or similar associated service.
"Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 135 §1(part), 1968).
13.12.020 - Public hearing by council.#
The council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
(Ord. 135 §1(part), 1968).
13.12.030 - Report by city engineer.#
Prior to holding such public hearing, the city engineer shall consult all affected utilities and shall prepare a report for submission at such hearing, containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(Ord. 135 §1(part), 1968).
13.12.040 - Council may designate underground utility by resolution.#
If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 135 §1(part), 1968).
13.12.050 - Unlawful acts.#
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.12.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.12.100 thereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.
(Ord. 135 §1(part), 1968).
13.12.060 - Exception, emergency or unusual circumstances.#
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed thirty days, without authority of the council, in order to provide emergency service. The city engineer may grant special permission on such terms, as he may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
(Ord. 135 §1(part), 1968).
13.12.070 - Other exceptions.#
In any resolution adopted pursuant to Section 13.12.040 hereof, the city council may authorize any or all of the following exceptions: (a)
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
(b)
Poles, or electroliers used exclusively for street lighting;
(c)
Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated over-head structures are not prohibited;
(d)
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;
(e)
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
(f)
Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
(g)
Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
(h)
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 135 §1(part), 1968).
13.12.080 - Notice to property owners and utility companies.#
Within ten days after the effective date of a resolution adopted pursuant to Section 13.12.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.12.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Ord. 135 §1(part), 1968).
13.12.090 - Responsibility of utility companies.#
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.12.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.
(Ord. 135 §1(part), 1968).
13.12.100 - Responsibility of property owners.#
(a)
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 13.12.090 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 13.12.040 hereof, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.
(b)
The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Commerce. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city engineer shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on said premises.
(c)
The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty days after receipt of such notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
(d)
If, upon the expiration of the thirty day period, the said required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the city engineer, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter.
(e)
The city engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(f)
Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
(g)
If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.
(Ord. 135 §1(part), 1968).
13.12.110 - Responsibility of city.#
City shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.12.040.
(Ord. 135 §1(part), 1968).
13.12.120 - Extension of time.#
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.12.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. 135 §1(part), 1968).
13.12.130 - Violation a misdemeanor.#
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor.
(Ord. 135 §1(part), 1968).
CHAPTER 13.16 - MUNICIPAL WATER SYSTEM#
13.16.010 - Authority of city administrator.#
The city administrator shall have charge of the supervision and administration of the water service furnished by the city. The city administrator shall prescribe, from time to time, as he deems necessary or desirable, additional rules and regulations, and amendments thereof, relating to conditions of service, deposit requirements, the application, administration and interpretation of rates, and the sale of water by the city, and of products, commodities and service incidental thereto, and the charges to be made therefor. Such rules and regulations shall be of general application, not inconsistent with the provisions of this chapter.
(Ord. 246 §1(part), 1978).
13.16.020 - Water pressure—Consent, etc., of customer.#
The city will endeavor to maintain such pressure as recommended by the National Board of Fire Underwriters. In the event any consumer deems that pressures are inadequate, the consumer shall furnish, at his own expense, whatever devices are necessary to boost the pressure for his own premises. In the event water pressures are in excess of any consumer's normal requirements, it shall be the responsibility of such water consumer to install such devices on his own premises to protect his plumbing and/or to reduce the pressure for his normal needs.
All persons applying for or receiving water service shall be required to accept and shall be deemed to have consented to all provisions of this chapter and to such conditions of pressure and service as are provided by the system at the location served, and to hold the city harmless from any damages arising out of low pressure or high pressure conditions or interruptions of service.
(Ord. 246 §1(part), 1977).
13.16.030 - Emergency shutoff.#
The city shall have the right at any time to shut off, ration or apportion water by reason of any emergency or shortage of water supply, or for making repairs, modifications, changes or other work in the water service facilities. In cases of such shutoff, rationing or apportionment, the city shall notify the affected water users, if possible, prior to such action being taken. The city shall not be responsible for any damages which may occur due to any such action. The owner and/or consumer shall be conclusively presumed to have taken all necessary precautions in compliance with the building codes and regulations of the plumbing code and any other city ordinances or regulations in anticipation of such action.
(Ord. 246 §1(part), 1977).
13.16.040 - Tampering with equipment.#
It is unlawful for any person other than those designated and authorized by proper authority to tap, open, connect with, operate or otherwise tamper with any main, pipe, valve, fire hydrant or any other equipment which forms a part of the water system of the city.
(Ord. 246 §1(part), 1977).
13.16.050 - Application for service generally.#
All applications for water service shall be made on the forms furnished by the city. Every customer obtaining water service shall sign an application. In addition to any other information required, such application shall show the purpose for which water shall be used, the applicant's interest in the property served, and the address to which bills shall be mailed. Water service shall be discontinued if such application or corrected application is not submitted within five days after written notice to do so has been given to the consumer. Service shall be restored only upon receipt of a current application signed by the consumer and upon compliance with all other provisions of this chapter.
(Ord. 246 §1(part), 1977).
13.16.060 - Application for new service—Installation fees; ownership and maintenance of equipment; meters; installation; subdivided property.#
(a)
All applications for a new water service shall be made on the forms furnished by the city and shall be signed by the applicant.
(b)
In addition to any other information required, such application shall show the true name of the applicant, the address of the property to be served, a true and accurate description of the area to be served, and the size of the service requested.
(c)
Each application shall be accompanied by an installation fee in the amount as estimated to be the proximate cost of such installation together with any additional fee or charges provided for in this chapter.
(d)
Charges collected for installation of services and meters shall constitute a service fee; and the service pipe, water meter and appurtenances installed shall remain at all times the property of the city. Such facilities shall be maintained, repaired and renewed by the city when rendered unserviceable through ordinary wear and tear; provided that, where replacements, repairs or adjustments are rendered necessary by an act, negligence or carelessness of the consumer or his representative, any expense caused to the city thereby shall be charged against and be collected from the consumer.
(e)
Except as otherwise specifically provided in this chapter, all water delivered by the city shall be delivered through approved meters installed by the city.
(f)
Service pipes will be installed from the main to a point inside the curb lines where a meter and appurtenances will be installed. Installation and maintenance of all pipes on the property side of the meter shall be the responsibility of the consumer.
(g)
When property is subdivided, the service connection shall be considered as belonging to the lot or parcel of land which it directly enters.
(Ord. 246 §1(part), 1977).
13.16.061 - Consumers in water systems acquired by the city.#
When the city acquires and includes within the municipal water system an existing water system, consumers in such existing water system shall receive credit against the fees and charges required by Section 13.16.060 to the extent that service pipe, water meter, appurtenances and other equipment necessary for the furnishing of service to such consumer may already be in place. The city will inspect such facilities and will accept them in the lieu of facilities directly installed by the city if such facilities are found by the city to be in good operating condition. Once accepted by the city, such facilities shall be maintained, repaired and renewed by the city when rendered unserviceable through ordinary wear and tear; provided, that where replacements, repairs or adjustments are rendered necessary by an act, negligence or carelessness of the consumer or his representative, any expense caused to the city thereby shall be charged against and be collected from the consumer.
(Ord. 254 §1, 1978).
13.16.070 - Removal and reinstallation of service.#
(a)
Meters will be removed and service discontinued upon request of the owner of the property served; or if any inactive service is unlikely to be used in the reasonably near future, as determined by the city, the meter may be removed.
(b)
Services one and one-half inches in diameter and smaller may be reactivated and the meter reinstalled upon proper application and payment of a reinstallation charge of twenty dollars; provided that the service pipe is at proper size and is good and in a usable condition. Services of two inches diameter and larger may be reinstalled upon proper application and payment of a reinstallation charge as determined by the city.
(c)
Service which has been discontinued as a result of a violation of any rule and regulation, or for delinquent payment of charges or penalties, shall not be reactivated until such violation has been remedied and all charges and penalties have been paid.
(d)
Any inactive or discontinued service which the city determines is unlikely to be used or is found to interfere with use of the public right-of-way or the facilities therein may, at the discretion of the city, be disconnected at the main and the service abandoned. Unusable and abandoned service lines shall not be reactivated and, upon any application for same, the full charges and conditions for a new installation shall apply.
(Ord. 246 §1(part), 1977).
13.16.080 - Meter by passes.#
All city water used on any premises where a meter is installed must pass through the meter except as provided in the case of private fire service. No bypass or connection around the meter between the service and the city water main shall be made or maintained by anyone other than the city.
(Ord. 246 §1(part), 1977).
13.16.090 - Change of service location or size.#
Any person desiring to change the location or size of a service that has already been installed shall make application to the city and, upon payment in advance of the cost as determined by the city, the city may cause such change to be made. No such change shall be made if, in the opinion of the city, the same is not required or in the best interest of the city.
(Ord. 246 §1(part), 1977).
13.16.100 - Right of entry of city.#
Upon presentation of official identification, any city employee on official business shall be allowed free access at all reasonable hours to any premises supplied with city water.
(Ord. 246 §1(part), 1977).
13.16.110 - Refusing admittance.#
No person as owner or occupant of any premises supplied with city water shall refuse admittance to or hinder or prevent inspection by an authorized employee of the city when on official business. If any person, as owner or occupant of such premises, does so refuse, hinder or prevent admittance to such premises, the water to such premises may be shut off.
(Ord. 246 §1(part), 1977).
13.16.120 - Unsafe or wasteful practices—Payment of damage—Liability of city.#
(a)
Every consumer shall, at his own risk and expense, furnish, install and maintain in good and safe condition all apparatus and appliances which may be required for receiving, controlling, applying and utilizing water furnished by the city. Where any part of the consumer's installation is found to be unsafe or where the consumer wilfully wastes water in any manner, the water may be shut off until such unsafe or wasteful practices have been discontinued or until such repairs or modifications have been made to the satisfaction of the city.
(b)
Any damage occurring to the meters or other pipes or appliances owned by the city which is caused by carelessness, neglect or unsafe apparatus of the consumer shall be paid for by the consumer upon presentation of a bill therefor.
(c)
The city does not assume the responsibility of inspection of the consumer's installation and assumes no liability, nor shall the city be responsible for any damage occurring on the premises or elsewhere by reason of open faucets, faulty fixtures, broken pipe or for any other unsafe condition or apparatus at or after the service is turned on, nor for any damage resulting from the turning off of water service.
(Ord. 246 §1(part), 1977).
13.16.130 - Service to independent consumers on same premises.#
In all cases in which water is being delivered to premises occupied by two or more different and independent consumers of water, which premises are held under the same ownership, the owner of such premises shall provide independent service to the service connection for each such independent consumer. Should the owner fail or refuse to provide such independent service, the city shall, after thirty days' notice to the consumer so served and to the owner of such premises or the person in charge thereof, shut off water to such premises until the independent services required in this section are installed.
(Ord. 246 §1(part), 1977).
13.16.140 - Common service for separate properties—Reselling water.#
(a)
No water shall be served through a common service to two or more separate parcels of property, unless by written consent of the city, and then only upon the terms and conditions set forth in the written consent.
(b)
No consumer may resell water without prior approval of the city. Water used by any consumer shall be restricted to that use and to that area specified in the application for service installation.
(Ord. 246 §1(part), 1977).
13.16.150 - Service for private fire protection.#
(a)
Whenever a service is installed for private fire protection, a charge shall be made for installation of a fire detector check meter and appurtenances. Such service may be used only in case of fire or other purposes in this chapter expressly provided. Use of fire protection service for any other purpose than provided in this chapter shall be a misdemeanor.
(b)
Should it be necessary to use water through a fire detector check meter for the purpose of testing or maintaining a private fire suppression system or fire department apparatus, the city shall authorize such use upon the receipt of a written request stating:
(1)
Date and time of use;
(2)
Purpose;
(3)
Estimated quantity of water to be used;
(4)
Estimated maximum flow.
The city may restrict such nonemergency flows which may be detrimental to or tend to dewater the system.
The city council shall, by resolution, establish stand-by charges with respect to private fire protection systems and meter charges for meter replacement. Funds collected pursuant to such charges shall be utilized by the city toward the replacement of such systems and meters.
(Ord. 254 §2, 1978: Ord. 246 §1(part), 1977).
13.16.160 - Use of fire hydrants.#
Fire hydrants shall be opened only by the city or by such persons as may have first obtained a written permit from the city. No such permit shall be issued to any person who has violated any of the provisions of this chapter or whose indebtedness to the city for water used or damage to hydrants is delinquent. Only approved spanner wrenches may be used when operating fire hydrants.
(Ord. 246 §1(part), 1977).
13.16.170 - Unauthorized use of water.#
No consumer shall make or permit to be made a physical connection to a service by which the utilization of water delivered thereto is prohibited or forbidden under authority of any law or municipal ordinance or regulation, or to any pipe, fixture, tank, appliances or apparatus supplied through a separate service connection to the city water mains or by any other water source whatsoever.
(Ord. 246 §1(part), 1977).
13.16.180 - Cross connections.#
(a)
"Cross connections" means any actual or potential connection, arrangement or installation of piping, structures or devices whereby it is possible for any used, unclean, polluted or contaminated water, mixture, gas or substance to enter any portion of any approved water supply.
(b)
"Approved water supply" means a potable water supply of safe, sanitary quality which is approved for human consumption by the authorities having jurisdiction thereof.
(c)
"Used water" means any water supplied to a customer's water system after it has passed through the point of delivery and is no longer under control of the city.
(d)
Water service may be discontinued to any premises upon which there is found to be another source of water supply or a possible cross connection. Such service shall not be restored until such cross connection has been eliminated or back-flow devices satisfactory to the city have been installed. The expense and maintenance of back-flow devices and the cost of eliminating cross connections shall be paid by the consumer or owner of the premises.
(Ord. 246 §1(part), 1977).
13.16.190 - Shutoff valves.#
All shutoff valves are installed by and for the use of the city. Except in the case of any emergency, the consumer shall not use, operate or tamper with such shutoff valves. The consumer shall install for his ordinary usage a shutoff valve on the property side of the meter. Such valve must be so placed as to be readily accessible for use and must be kept in a good working order at all times.
(Ord. 246 §1(part), 1977).
13.16.200 - Obstruction, etc., of meter boxes, etc.#
It is unlawful to damage or interfere with, or to place any object, material, dirt or debris, garbage or rubbish cans or accumulation of any kind upon or about, any fire hydrant, gate valve, manhole, meter or meter box, shutoff valve or valve box so as to prevent free and immediate access to such at all times.
(Ord. 246 §1(part), 1977).
13.16.210 - Noncompliance with rules and regulations.#
If the customer fails to comply with any of the conditions of service set forth in this chapter or amendments thereto, the city shall advise the customer of such failure either verbally or by written notice. If the customer does not remedy or abate such noncompliance within fifteen days after notification, the city may shut the water off and discontinue service; except that, for any condition or circumstance creating a hazard or danger to life or property, rendering immediate action imperative, no notice shall be required.
(Ord. 246 §1(part), 1977).
13.16.220 - Restoration of service.#
(a)
Water service which has been shut off for failure to comply with any of the rules and regulations or to pay any rates, charges or penalties, as provided in this chapter, shall not be restored until such rules and regulations and penalties have been complied with to the satisfaction of the city and payment is made of the amount due if any; and, in addition thereto, the amount of five dollars shall be assessed for the expense of turning the water off and on.
(b)
In the event that any person turns the water on after it has been turned off by the city at the curb stop, there shall be an additional charge in the amount of ten dollars placed against the service.
(c)
The payment of any penalties, charges and the delinquent accounts shall be made in the collection office of the city.
(Ord. 246 §1(part), 1977).
13.16.230 - Meter readings.#
Meters shall be read as nearly as possible at regular intervals. Special meter reading may be made when a vacancy or customer change occurs or for any other reason deemed sufficient by the city.
(Ord. 246 §1(part), 1977).
13.16.240 - Combined readings.#
Where a consumer is served by more than one meter, each meter will be considered separately when computing charges.
(Ord. 246 §1(part), 1977).
13.16.250 - Notice to city of current information.#
(a)
The consumer shall notify the city of any change in the status of the information shown on the application for service and shall be responsible for the water service furnished until the city is notified to discontinue service.
(b)
The city shall make no adjustments of or waive any charges or penalties resulting from the consumer's failure to provide current information.
(c)
All conditions of service contained in this chapter, together with the current water rates and charges, shall apply to each and every service regardless of whether the premises served is occupied or vacant; except that, if the water has been turned off by the city upon request of the consumer or the owner of the property, any fixed or minimum charge shall not apply.
(Ord. 246 §1(part), 1977).
13.16.260 - Fraud.#
The city may refuse water service or may discontinue service at any time if found necessary in order to protect the city against abuse or fraud.
(Ord. 246 §1(part), 1977).
13.16.270 - Rendering and payment of bills.#
(a)
Bills for water service shall be rendered in accordance with the information shown on the application for service and at such times and for such periods as determined by the city.
(b)
Charges shall be determined in accordance with the provisions of the water rates and charges as established from time to time by resolution of the city council and shall be rendered for the sum of the charges for each rate schedule period or portions thereof within the billing period. Charges for water usage shall be determined by applying the quantity water rate to the registration of the meter during rate schedule period.
(c)
Water bills are due and payable upon presentation and shall become delinquent if not paid before the fifteenth day after the date of mailing. If any account becomes delinquent, the city may shut the water off and discontinue service.
(d)
If any fire service account becomes delinquent, the city may shut off and discontinue the domestic water service to the premises.
(e)
Water service shall not be restored until all provisions of Section 13.16.220 have been complied with.
(Ord. 246 §1(part), 1977).
13.16.280 - Temporary services.#
(a)
"Temporary service," as considered in this section, refers to the temporary attachment of a water meter to the outlet nozzle of a fire hydrant for the purpose of supplying water service for a limited duration.
(b)
The city shall have the right to refuse or to discontinue any temporary service if, in its opinion, such temporary service creates or may create any undue hardship or hazard to it or its then-existing customers.
(c)
Upon approval of a proper application and payment of such deposits, charges and fees as required in the current water rates and charges, the city shall install a meter and control valve for the consumer's use.
(d)
All provisions and conditions of water service defined in this chapter shall apply to temporary water service; and the removal, relocation, setting or resetting of a temporary water meter by an unauthorized person, and the use of the fire hydrant valve to control the flow of water through such meter, is prohibited.
(Ord. 246 §1(part), 1977).
13.16.290 - Collection of unpaid charges.#
In addition to any other provisions in this chapter for the enforcement and collection of any charges provided for in this chapter or by any resolution of the city council prescribing water rates, if water is or has been served in response to an application for the same, all unpaid rates and charges shall be charged against the property served and against the owner thereof, and shall be deemed delinquent at the same time and in the same manner as the next water bill, and shall be a lien against the property where furnished.
(Ord. 246 §1(part), 1977).
13.16.300 - Meter failure.#
In the event any meter fails to operate properly or to register correctly the water used, the charge for the period during which such meter fails to operate properly or fails to register water shall be based upon the average consumption of the same period for the prior year by the same user or, if such a reading is not applicable, the city shall estimate the amount of such consumption from all information available and the consumer shall be charged on the basis of such estimate for water consumed but not covered by the bills previously rendered for such period.
(Ord. 246 §1(part), 1977).
13.16.310 - Meter testing.#
(a)
Any consumer may request that the meter through which water is furnished be examined and tested by the city for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Such request shall be made in writing on forms furnished by the city and shall be accompanied by a deposit in the amount of ten dollars for meters one inch and under, and twenty-five dollars for meters one and one-half inches and larger. Upon receipt of such request and deposit, the city shall cause the meter to be examined and tested.
(b)
If the meter is found to register over three percent more water than actually passes through it, another meter will be substituted therefor and the deposit shall be repaid to the person making the application, and the water bill for the current period adjusted as set forth in Section 13.16-.300. If the meter is found to register not over three percent fast, the deposit shall be forfeited to the city and the water bill paid as rendered.
The city may, from time to time, examine and test the meter through which water is furnished for the purpose of ascertaining whether or not it is registering correctly the amount of water which is being delivered through it. Any such inspection initiated by the city shall be at the expense of the city. The city shall be entitled to access to any such meter at reasonable times.
(Ord. 254 §3, 1978; Ord. 246 §1(part), 1977).
13.16.320 - Adjustment of complaints.#
The city administrator shall have the power in his discretion to adjust complaints and, in the event of any dispute as to the water charges to be paid by any consumer, he shall determine the same.
(Ord. 246 §1(part), 1977).
13.16.330 - Trunkline connection fees.#
The trunkline connection fee, at the rate of two hundred dollars per acre for the area to be served, shall be paid upon application for a water service connection, and shall be in addition to all other fees and charges provided in this chapter.
(Ord. 246 §1(part), 1977).
13.16.340 - Main extensions.#
(a)
Owners Must Provide Water System. At the time of dividing, subdividing, resubdividing, developing or constructing on any tract or parcel of land served by the city, or upon annexation of any parcel of land, either developed or undeveloped, the owners of such tracts, lands, parcels or annexations shall pay to the city all costs to provide for such water mains, submains, fire hydrants and water services as may be necessary for the distribution of water and fire protection to each lot, piece or parcel of land. When installed, such mains, submains and services shall become and be the property of the city and dedicated to the public for the purpose of distributing water to such land.
(b)
Location, Size and Type of Facilities. The director of public works shall determine the location of mains in streets, alleys and easements and determine the size of such mains, type and specifications of valves, fire hydrants, fittings, consumer services and all other appurtenances deemed necessary for supplying water to the property served. The director of public works shall confer with the fire chief on those matters of concern to the fire department.
(c)
No division, subdivision, resubdivision, development or annexation of land within the city shall be accepted and approved by the city council unless and until the owners of such real property have made the necessary arrangements for the installation of the facilities described in this section.
(Ord. 246 §1(part), 1977).
13.16.350 - Deeding of water rights to city.#
(a)
All water rights as defined in and pursuant to the judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786, 656, entitled "Central and West Basin Water Replenishment District v. Charles E. Adams, et al.," shall be deed to the city prior to the acceptance and approval by the city of any maps, documents, permits or applications for water service connections to the municipal water system, or for the division, subdivision, development or redevelopment of any land on which such water rights were developed. In the event that the above requirements do not apply to the entire land area on which the water rights were developed, the total rights shall be prorated on a gross land acreage basis and the water rights apportioned to the land area for which these requirements do apply shall be dedicated.
(b)
Whenever it is found by the city engineer that water rights required by this section to be deeded to the city have not been previously deeded to the city and are not available to the owner of the land at the time these requirements for dedication apply, such landowner shall pay to the city the cost of acquiring comparable water rights as determined by the city administrator.
(Ord. 246 §1(part), 1977).