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O 097ORDINANCE OF THE CITY OF ARROYO GP~ANDE FI~NG THE RATES TO BE CHARGED AND COLLECTED FOR WATER SERVICE SUPPLIED BT THE CITY ~ND PRESCRIBING CERTAIN RULES AND REGULATIONS COVERING CONSUMERS OF WATER SUPPLIED BY SAID CITY AND PROVIDING PENALTIES FOR T~ VIOLATION THEREOF., AND REPEALING ALL ORDINANCES IN CONFLICT TEEREWI TH. The City 0ouncil of the City of Arroyo Grande ordains as follows: Section 1. Wherever water is supplied and meters are used or installed as herein provided, the following monthly rates shall be collected. MINIMUM MONTW~ CHARGES Meter Minimum Oharges 5/8 to 3/$ inch meters 1 inch meters 1 1/2 inch meters 2 inch meters 3 inch meters ~ inchmeters INSIDE' OUTSIDE ',;~: 2. O0 2.25 3.00 7.50 ;1~.00 ;20.00 2.50 3,5O 5.00 12 · 50 ;20.00 ;30.00 Quantity Rates For domestic use and all business purposes, for the first 1000 cubic feet or fraction thereof, $2.00 inside $2.50 outside Ail over 1000 cubic feet or fraction thereof, at the rate of 15 cents per hundred cubic feet or fraction thereof. 'i Each of the foregoing monthly "Meter Minimum 0barges" will entitled the consumer to the quantity of water such monthly charge will purchase at the established rates set forth under ,,Quantity Rates" above for all water used in excess of 1000 cubic feet. The monthly "Meter Minimum'Charges" shall be charged for each billing month or portion thereof even though a' lesser amount of water may be used than would be paid for by whatever "Meter Minimum Charge" may have been charged. Section 2. The City 0ouncil of said 0ity is hereby authorized by resolution duly adopted from ti~e, to time to vary the rates to be charged for water servioe,.from the schedule set forth hereinabove in Section 1 of this ordinance and such adjusted rates shall thereafter be subject to further adjastment from time to time. Section 3. Ail water bills are due and payable on the 10th day of each month followingthe month in which the water is used and the same are delinquent if not paid on or before the 15th day of the following month. . All water bills are payable at the office of the C~ty Clerk in the City Hall of the City of Arroyo Grande. Section $o Wherever meter service is given, the City Clerk may at his discretion require a reasonable deposit to guarantee payment of the water bills which said deposit shall not be retained for a period of longer than one year. The owner of a~y property receiving water service may be held responsible for such service and in the event the same is not paid for, the City of Arroyo Grande may refuse to furnish water service to said property until such unpaid water bill is settled. Section 5. A~y' duly authorized agent of the City of Arroyo Grande shall be allowed free access to make personal e~mtnation of the premises of a~y applicant or consumer of water for the purpose of designating the rate to be applied to said premises.and for the~. inspection of water, pipes and equipment comaected therewith. No persons excepting a duly authorized agent of the City of Arroyo Grande shall turn the water on or off fr~m amy building or premises, and no person shall tap, cut or move any water pipe laid in streets or alleys, unless permission to do so has been granted by the said water department supplying the water. No perso~ shall take any water from any fire hydrants, stree~ sprinkling tanks, end all irrigating faucets, hose sprinklers and water must be immediately turned off upon an. alarm of fire and shall not be turned on again until the fire is k~own to be extinguished. ~ If any person shall fail to.pay ~he amount due on account of water supplied to him, the said Oity of Arroyo Grande shall have the right to shut off the water theretofore furnished to the person so neglecting to pay such water bill, and such water shall not be turned on until such indebtedness shall have been paid. P~ovided that where a consumer has been shut off for non-payment of the water rate, and the water has again been turned on the consumer may be charged an additional sum not exceeding $2,50. Section 6. Waste Water No watering of lawns, gardens .or shrubbery shallbe done with open hose unless the same is held or immediately attended by the person using it. No person shall take water from any service to or to a vacant lot, without first securing the adjoining property, permission from the City of Arroyo Grande. It shall be unlawful for any person or persons will- fully or negligently to waste water in any manner whatever, and any person having knowledge of any condition where water is being wasted, shall immediately notify the Water Department of such waste. A~y employee of the 0ity of Arroyo Grande may shut off the water without notice whenever water is found rumming in vio- lation of this ordinance, and a charge of one dollar may be,made for turning it on again, or charge of not less than one dollar, nor more than five dollars, may be made against the consumer's account for waste. - 2- Seotion 7. Labor and Material Bills. All bills for labor or material furnished or other charges not provided for otherwise, shall become due and payable at the same time and in the same m-nner as the nexe regular monthly charge for water, and shall be deemed delinquemt at the same time as said regular water charge. The City Council of the City of Arroyo Gramde may from time to time by resolution set rates tO be charged for the installation of meters on existing u,metered connections. Section 8. Application for Service Connections Before water shall be supplied to any person or for any premises from the maims of the City of Arroyo Grande, the owner thereof shall make application for same on such forms as may be provided by the Superintendent of t~e Water Department for that purpose. The application shall cc~tain a contract on the part of the applicant to pay the stipulated rates at the time and in the manner provided for ia this ordinance, to accept wa~er rates, charges and penalties as a lien against the property to be served amd assuming responsibility for same, reserving to the City of Arroyo Grande, the right to enforce amd collect rates, charges a~d penalties in the manner provided for by ordinance, to charge rates and to temporarily discontimue the~service at any time without notice to the consumer and further provide that the Water Department of the City of Arroyo Grande or any of its employees shall not be responsible for any damage by water or.otherwise resultlmg from defective plumbing, broken or faulty services or mains, or resulting from any condition of the water itself or any substitute that may ~e mixed with or be in the water when delivered to a~y consumer. The applicant havimg complied with all the require- merits of this ordinance relating to application for~service or meter, a~d having paid all charges incurred, that Water Department shall cause the property to be connected with the water mains of the City of Arroyo Grande. Section 9. Rates for Service Connections ' Ail applicants shall p~y the stipulated rates of $35.00 for 'connection within the City and $50.00 for connectionS outside of the City at the time Of application. The City Council of the City of Arroyo Grande is hereby authorized to fix the rates to be charged for new.service connections, said rates to be fixed by resolution to be adopted by the Council from time to time and said Council is specifically authorized to adjust such rates in accordance with what they feel would be for the best interests of the 0ity of Arroyo Grande. Section 10. Movisg Meters ~ad Services When a meter or service has beam installed as pro- vZded for in this ordinance amd it is found necessary or advisable to move same on account of the construction efta driveway, sidewalk, or for any other reason, the work shall be done by the water department amd a charge made.against the property served through said meter or service and the owner thereof, to cover the cost of material and labor p.lus ten per .cent, and same shall become due and payable at the time and in the manner as provided in Section 7. Section 11. Meters Tested and Sealed. Ail meters before being installed shall be tested and sealed by said water department and it shall be ,,nlawful for any person to break such seal other than the Superintendent or authorized representa- tive of the Water Department. Section 12. Testing Meters For 0onsumer. Any consumer may have the accuracy of the meter through which water is being furnished to his premises examined and tested by the water department by making a written application therefor to said water department, and accompanying the same with a fee of $2.50. Upon receipt of such application and fee, the said department shall examine and test such meter; and if found to register more than two per cent excess of the actual quantity of water passing through it, such meter .shall be removed and another meter installed in lieu thereof, said fee of $2.50 returned to the consumer and his water loss for the .. current month corrected accordingly; otherwise said fee of $2.50 shall be retained by smd be a part of the funds and revenue of said water department. Section 13. Failure of Meters to Register. If a meter fails to register d~rLag any period while in use or is known to register inaccurately, the consumer shall be charged with an average consumption as shown by the meter when in use and registering accurately. Section l~. Upkeep of Meters. The City Water Department will maintain and repair such standard service connection; provided that the failure of such service for the injury thereto rendering the repairs necessary, does not result from some improper act or omission on the part of the owner or tenant of the premises supplied with water. section 15. on Metered Services, Water Shall Pass Through Meters. Where metered services are installed, the water shall pass through the meter and no bypass or con~eetion between the main and the:property shall be made, maintained or permitted except as may be installed by permission of the Superintendent of the Water Department for sprinkler or fire service. Section 16. Keeping Meters Uncovered.. It shall be the duty of eao'h consumer to keep the space about the meter or shut off box"serving his property, free and clean of trash, garbage, barrels, or boxes, dirt, oil, building material, or other obstructions that may in any way interfere with the free access to s8me by the employees of the Water Department at any time, and upon failure to do so, the Superintendent of the Water Department may cause notice either in writing or in person to the owner or occupant of the property to ·remove such obstruotion within twenty-four hours and on failure so to do, the said .obstruction may be removed by the water depar~mttand'jthe cost thereof, plus ten per cent charged against the property owner .thereof, and Shall become a lien against the property and shall be due and payable at the same time and in the samemammer as other charges provided for in Section 7. Section 17. More ~ham One Building on Single Lot. Ail water furnished by the City of ~rroyo Grande to any structure, buildin6, house, flat, tenament, ground floor, business room or store in said City having a street frontage, shall be through a separate service comnection with ~he water system of said 0ity; except as otherwise herein provided. In the case of motels and/or auto courts therein i~dividual umits or cabins are provided with kitchen facilities in addition to the regular toilet a~d bathing facilities, served by a single Service compaction, there shall be charged to the owner or person having the management and control of the same, in addition to the prescribed monthly meter minimum charge, the sum of each month for e~ch and every cabin or u~it within said 0ity a-~t-~ sum of $ . .~_. each month for each and every cabin or u~it outside of said 0~t~ which will entitle the cons,,mer to an additional allowance of 200 cubic feet of water for each additional minimum charge. In the case of an apartment house or apartment hotel, that is to say, a building or portion thereof used or designed as a residence for three or more fsm~lies living independently of each other a~d doing their own cooking in said buildingS, and being furnished water through a single comaection and meter, there shall be charged to the owner or the person havi~g the m~nagemen~t and control of the same, the sum of $2.00 for the first occupancy unit a~d the sum of $1.00 for each additional occupancy umit for such establishments inside the 0ity and the sum of $2.50 for each first occupancy u~it and the sum of $1~2~ for each additional occupancy umit for such establishments outside of the 0ity; these rules shall entitled the customer to 1000 cubic feet of waterfor the first occupancy and 500 cubic feet of water for each additional occupaaCyo Section 18. Vacating Property. Whenever a consumer shall vacate any premises, he shall ~mmediately give written notice thereof to the water department. Upon the receipt of such notice, said department shall shut off the water from sa~rPremises, and ~mmediately present to said consumer all unpaid bills water furnished by the City to him up to that time, and said consumer shall thereupon pay said bills, la the event that~.sai~ ~sumer ~hall have made a deposit with said department, the balance, if any, of such deposit shall be returned to the consumer, a~d payment shall have been made, said premises shall be de~med occupied by such consumer a~d his liability, continued, as well as that of the property owner for u~paid water bills. Section 19. Proper~y Not on ~ater Mains. V~en property to ~e served is a part'or subdivision of a lot or lots originally abutting on a water main but because of the sub-division has been separated from said ~ain by another p:oPerty, .the service shall be laid to the nearest curb line, if there be a curb and if no curb exists it shall be laid to the property line of the abutting street. · -5- Section 20. Check Valves ~nenever the SUperintendent of the Water Department shall consider it necessary for the safety of the water system to have an approved check valve placed on the property line of any consumer's service, due notice shall be given to said consumer so to do, ~aid. valve shall thereupon be ~mmediately installed at the expense of said 0 ons~lsr. Section 21. Restricting Use of Water. i Upon notice published in the weekly newspaper of Arroyo Grande, the Superintendent of the Water Department shall have the right of restricting the ~se of the water for Sprinkling, wetting, irrigation~ or construction purposes to such hours and for such time as may be deemed advisable for the best interests of all concerned. Section 22~ Approved Plumbing. Ail persons sUpplied with water shall keep their water servi~e pipes and fixtures on the~premiees end up to the property line in good repair at their own expense; and every person allowing his service pipes and fixtures to get out of repair, resulting in a willful waste or o~$er~i~se causing or permitting a willful waste of water shall be guilty of a misdemeamor. Section 23. Shutting Off Mains. The Oity of Arroyo Grande reserves the right to shut off the water from any premises or from any part of the distributing system as long as necessary without notice to consumers at any time when the exigencies of the occasion may require it; but in~ all cases of extensions or connections, said department will notify consumers of the necessity of shutting off water and the probable length of the time the water shall be shut off, before taking such action, if at all possible. Section 2~. Street Work. All contractors, persons, firms or corporations who open, grade, regrade, fill, excavate, or work a street shall give ten days' written notice to the Superintendent of the Water Department for the removal or displacement of any water mains, pipes, fittings, meters, or other water works material that may interfere with such street work, and on failure to furnishsuch notice, any damage re- sulting from such failure shall be charge, against the firm, person or co~poration responsible. Section 25. Permit to'Use Water. 0ontractors or any person desiring to use water in construction work where connection must be made with City hydrants, shall in each and every instance obtain a written permit from the Superintendent of the Water Department, before connecting with any such fire hydrant or using water therefrom. Section 26. Permit to Furnish Water. poretions for Consumers may supply water to persons, firms and cor- use in the performance of any contract for the improvement -6- of any street or other public place after having given notice to and r, eceiving permission from the Superintendent of the ~ater Department; but such Department will issue no permit to or for any person, firm, or corporation whose indebtedness to the 0ity for water or damage to. hydrants are delinquent or who has on one or more occasions taken water from th-~~distribution system' of the City or from pipes or consumers connected with the distributing system of the City until such indebtedness for same has been paid. Section 27. Fire Hydrants. Fire hydrants shall be furnished and installed by the Water Department. All persons, firms, corporations and contractors using water through fire hydrants or other hydrants owned or controlled by the City shall obtain a permit so to do from the Superintenden~ of the Water Department. No such permit shall be issued to any person, firm, corporation or contractor who has violated any of the provisions of this ordinance or who is indebted to the City forwater used or ~damage to hydrants. Section 28. Extension of Mains. Applicants who are owners of a single lot, subdivision or tract of land who desire service therein and where there is no dedicated street or water main in front of or thereon, may make application to have water mains laid in same. Such mains shall be of such size and kind as the Superintendent of the Water Department shall determine will proper~y supply said tract, having due regard to the requirements of adjacent lands and the growth of the City. The applicants shall be required to pay cash in advance i~to the Water Department for the total estimated cost of such mains and for such fire hydrants and fittings aa may be required and estimated by the Superintendent of the Water Department, who shall thereupon install such mains, fire hydrants and fittings, provided, however, that said applicant or applicants have complied with other requirements of said Water Department; said mains and fire hydrants and fittings shall become the property of the City when attached to the City water system. Section 29. Refunds on Extensions. Applicants who are owners of a lot, lots, sub- division or tract where there are dedicated streets which have.no water mains thereon may make application to have the mains laid in same, such mains to ~be of such size and kind as the Superintendent of the Water Department shall determine will properly supply said tract, having due regard to the requirements of adjacent lands and the growth of the City. The applicants will be required to pay the total estimated cost of such mains and fire hydrants and fittings as may be required by the Superintendent of the Water Department. Said mains and fire hydrants and fittings shall become the property of the City when attached to the City Water System; the City, however, will refund to such applicants in cash, as herein provided, tke advance payments for the installation of such mains, fire Hydrants, and fittings. A record will be kept of the total cost of mains, fire hydrants and fittings in- stalled in pursuance ~f said cash payment. For every bona fide permanent water user who has been connected directly to saidmains, but not including any extension thereof, the City will refund in cash in the manner hereinafter provided', the cost of installing said mains as estimated. -7- The applicant or applicants as well,as all other users on said mains or' main will be required to pay the water bills rendered. The Water Department will refund payments on said construction as follows: Said refund shall be for a period of eight years and shall be an amount equal to the ~total cost of the.installation of said maims or pipe lines divided by a sum equal to eighty per cent of the number of lots of standard size, as provided in the zoning ordinance of the City of Arroyo Grande, to be served and shall pay only on those lots served with a connection to the City Water mains or pipelines, said refund may be paid in full at the time said services or connections are installed, or i~ equal annual installments up to a maximum of eight years, at the option of the Oity. No refunds will be made for comaections made after eight years from the installation by the City of the Main or Mains. No total refund will be greater in any event than the total amount contributed. Section 30. Extensions Outside City. On extensions located outside the City, Maps of the area to be served must be furnished at the time of the application for service, and'the right of inspection must be granted to the City Engineer of the City of Arroyo Grande Or his duly accredited representative, and all installations must be in accordance with such requirements as he may feel are necessary and desirable in the best interests of the City of Arroyo Grande. Section 31. Size and Kind of Mains. No mains will be connected to the City Water System unless laid in accordance with ~he specifications of the Superintendent of the Water Department. Pipes smaller thee four inches in diameter shall not be laid as a main. Section 32. Unlawful to Meddle With Water Department's Property. It shall be unlawful for any person to open any street hydrant, stop cock or gate valve or to meddle with any street service, water connection, or any water meter attached to any service pipe connected with the 0ity mains or water pipes or hydrants of said City, or to turn on and. off water mains or water pipes of Said City or to tap, break or injure any water main, water pipe, meter, or other fittings of said City laid~in any street, avenue, alley or other public place, or to temper with, deposit, or cause to be deposited in any water main or pipe of said City, any fluid or' solid matter or substance of any kind, or to do any act that might cause water to become polluted, or to take, pump, or draw any water from any water main, pipe or hydrant, or said City without first arranging with the Water Department for same, and paying the established rate therefor. Section 33. Repeal of 0rdihanees in Conflict. All ordinances Or parts of ordinances in conflict here- with are, to the extent to ~ich they are in conflict herewith, repealed. Section 35. Penalties. In addition to the penalties prescribed in the ordinance, any person, firm or corporation violating any of its provisions.shall be misdemeanor, . guilty of a and shall be punished by a fine of not more than One Hundred Dollars ($100.00), or by imprisonment for not more tha~ Thirty (30) days, or by both such fine and imprisonment. Section 35. Publication of Ord'inance. This ordinance shall take effect and be in full force thirty days after its passage, and within fifteen days from its passage shall be published once in the Herald-Recorder, a newspaper printed and published in the City of Arroyo Grande, together with the names of the Councilmen voting thereon. On motio~ of Councilman and seconded by Councilma~ ~d~ , and on the fol- lowing roll call vote, - 0 -