O 576
ORDINAN.CE NO. 576
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING. TITLE 13 (PUBLIC WORKS) RELATING TO
WATER AND SEWER SERVICE PROVISIONS
NOW, THEREFORE BE IT RESOLVED, by ,the City Council of the City of Arroyo
Grande as follows:
SECTION 1. Arroyo Grande Municipal Code Chapter 13.04 is hereby repealed and
replaced in its entirety as follows:
CHAPTER 13.04 - WATER SERVICE SYSTEM
13.04.010 - Adoption of rules and change of rates.
. The council may, by ordinance, adopt r~les and regulations for the improvement
operation and maintenance of the water department and for furnishing water to
customers and may, by resolution, establish the rates, charges, deposits, and penalties
pursuant to this chapter. .
13.04.020 - Applications for service.
No person shall be entitled to have a water connection until the owner of the
property obtains a building permit from the City Building Department.
13.04.030 - Rates and charges.
The following rates, fees, and charges shall be set forth by City Council
resolution:
A. Basic Monthly charge. Whenever w~ter is supplied and meters are used or
installed, as provided in this chapter, a basic monthly charge shall be made to
each customer.
B. Lopez Contract charge. In addition to the monthly water charges set forth in
this chapter, each city water customer shall be charged an additional sum each
month, to be designated "Lopez Contract charges."
C. Service connection charge. Upon the approval of an application for a service
connection, an order for service may be issued subject to payment of a service
connection charge.
D. Service main or front foot charge. In all cases where there is not an
agreement for the reimbursement of the developer, a service main or front foot
charge shall be imposed.
E. Water service late charge.
F. Turn off, turn on charge.
G. Fire hydrant use permit fee, and water charges.
13.04.040 - Special charges~ Water availability charge.
A charge referred to in this subsection as a "water supply charge" or "water
availability charge." Pursuant to the provisions of Section 38743 of the Government
ORDINANCE NO. 576
PAGE 2
Code, water availability charges shall be levied in accordance with the following
schedule:
A. Water availability charges shall be imposed upon each parcel of property not
served with city water.
B. The city shall collect the water availability charge, as provided for in this
subsection, by billing the charged land on an annual basis. In the event such
availability charges have not been paid at the time a water service connection
application is made for such parcel, all accumulated water availability charges,
continuing at one thousand dollars ($1,000.00), effective July 1, 1991, and
increasing annually by fifty dollars ($50.00) on July 1st each succeeding year,
per dwelling unit, hotel, motel or hospital room, or commercial unit developed,
shall be paid.
C. In the event the plumbing or structures are modified by an existing water user,
an additional water supply charge shall .be assessed with the building permit for
each additional dwelling unit; hotel, motel, or hospital room, or commercial unit.
Failure to 'pay additional water supply. charges with such improvements may
result in discontinuance of water service to the entire property.
13.04.050 - Special charges- Main- Installation or extension.
The charge for the installation of a main or extension of an existing main shall be
based on the public works department field division fee and service fees.
13.04.060 - Billing.
A. Proration for Portions of Months. When a water bill is rendered for any period
of time less than the regular period for water furnished, the regular minimum
monthly charge shall be prorated, based upon actual consumption. Such
consumption shall be charged at minimum rates; but consumption at a rate in
excess of the regular period allowance shall be billed at the excess rates.
B. Lopez Contract Charges--Billings. Billing for such Lopez contract charges shall
be prepared and deposited in the mail on or about the first day of each month
that the bills provided for are sent, pursuant to the provisions of Section
13.04.100A of this chapter.
13.04.070 - Delinquent bills- Discontinuance of services.
A. All meters shall be read by the water department as provided in Section
13.04100 of this chapter, and all bills for water or service shall be due and payable at
the City Hall upon presentation. All water bills remaining unpaid for a period of thirty (30)
days shall thereupon become past due. Where water bills so become past due,
notification will be delivered of such status and a late fee levied. All water bills remaining
unpaid for a period of forty-one (41) days since issuance shall become delinquent.
Where water bills so become delinquent, service may be shut off at any time after a ten
(10) day written notice; and such accounts shall be subject to the water turn-off and
turn-on charge provided for in this section. The director of financial services or director
of public works, at his or her discretion, may cause a meter reading to be made at any
time; and thereupon the bill for water used sipce the previous reading shall become
immediately due and payable and shall become past due on the thirtieth day following
ORDINANCE NO. 576
PAGE 3
the mailing or presentation of such bill; and such accounts shall be subject to the late-
fee charge, water turn-off and turn-on charge provided for in section 13.04.030 in this
I
chapter.
B. Discontinuance of service for violations.
1. The water rates, charges, and penalties set forth in this chapter shall be charged
against the property upon which such water or service is furnished and against the
owner thereof. If for any cause any of such sunis owing become delinquent and unpaid,
. or if any of the other terms of this chapter or the rules and regulations established as a
condition to the use of water are not complied ~ith, the water may be shut off. If there
has been no bona fide change in ownership, the water shall not be turned on to the
same property until all such charges, delinquenc;:ies and penalties have been paid in full,
including the additional amount as described in,Section 13.04.030 of this chapter for the
expense of turning water off and on.
2. The finance director or director of public works may, at his or her discretion, shut off
the water, for a period not exceeding three months, upon the written request of the
owner of any premises upon which such water or service is furnished, provided no
delinquency exists in the payment of charges and penalties for water service.
,
13.04.080 - Termination of service by owner-Reinstatement.
No allowance or rebate shall be made:ifrom the regular rates specified in this
chapter, whether water has been actually used 'or not, unless the water department has
been notified in writing by the owner of the premises to remove the meter installed for
such premises; and thereupon, after the expiration of the current billing period
subsequent to the last meter reading by the water department of such meter, no further
minimum charge shall be made against such premises; and the water department shall
charge and collect for reinstalling a meter for such premises, upon receiving written
application of the owner thereof, and full payment of the turn on charge as described in
section 13.04.030 of this chapter. !
13.04.090 - Right of entry.
Any duly authorized agent of the city s,hall be allowed free access to make a
personal examination of the premises of any! applicant or customer of water for the
inspection of water pipes and equipment conneded thereto.
13.04.100 - Meters- General. \
A. Reading meters. All water furnished 0tithin the city shall be delivered through
meters. All meters shall be read on a bi~onthly basis. The Financial Services
Department shall'cause to be prepared water bills from such readings and shall deposit
such bills in the mail.
B. Failure of meters. When a meter fails to register or registers inaccurately, the
charge for the period in question shall be bas~d upon an estimate made by the public
works department for the amount of water used through such service.
C. Testing meters. Upon written notice by the customer a meter may be
examined and tested for the purpose of ascertaining whether or not it is registering
correctly. If the meter is found to register more water than actually passes through it, in
accordance with the American Water Works Association standards, a new meter will be
ORDINANCE NO. 576
PAGE 4
installed. The Public Works Department shall determine the amount to be refunded
which is deemed fair and just. If the meter is found to meet AWWA standards, the
customer shall be charged an amount equal to the time and materials used to perform
the test.
13.04.110 - Joint use of service. ,
A. The director of public works may p~rmit more than one place of business,
using small quantities of water mainly for lavatory and drinking purposes, to be served
through the same meter when, in his or her opinion, special conditions justify such
service; and in all such cases, a minimum established meter rate shall be charged for
each separate place of business so served of not less than the established minimum
rate.
B. If any meter readings for such places of business show any excess over the
amount of accumulated minimums, a prorated! charge shall be made of such excess to
each place of business served through such meter.
C. The. director of public works may permit more than one condominium or
planned unit development (P.U.D.) unit to c~mnect to a common meter, subject to
improvement standards adopted by the city. In such cases connection fees and service
charges shall conform to this chapter as described in ,section 13.04.030. Furthermore,
the director may require appropriate conditions to such an approval to become a part of
the codes, covenants, and restrictions for the subdivision.
13.04.120 - Water shut off for repairs or emergencies
The City 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 consumer, at any
time when the exigencies of the occasion may require it, but in all cases of extensions
of connections, said department shall notify consumers of the necessity of shutting off
water and the probable length of time the w~ter shall be shut off, before taking such
action, unless the emergency requires the water to be immediately shutoff whereas
notice shall be similarly provided after shutoff.
13.04.130 - Fire hydrants-Use.
A. Damage. Public fire hydrants shall be placed, maintained and repaired by the
public works department. Any damage thereto by persons or agency other than
,
representatives of the fire or public works departments, shall be a claim against the
person or agency committing such damage, and the director of public works shall take
such action as may be necessary to collect the!same.
B. Purpose. Fire hydrants are provided for the sole purpose of extinguishing fires
and shall be used otherwise only as herein provided for, and shall be opened and used
only by the public works and fire departments or such person as may be authorized to
do so by the chief of the fire department or the director of public works as herein
provided.
C. Permit. All persons, firms or corporations desiring to use water through fire
hydrants, or other hydrants owned or controlled by the city, shall be required to obtain a
permit, first, from the director of public works, and upon permission from the director of
building and fire, who shall issue no such permit to any person who has violated any of
ORDINANCE NO. 576
PAGE 5
the provisions of this chapter or whose indebtedness to the city for water used or
damage to hydrants or equipment is delinquent. And all such persons having permit for
use of water from fire hydrants must provide hydrant wrenches for the operation of such
fire hydrants.
D. Cancellation. Permit for use of water through the fire hydrants of the city may
be cancelled at the will of the director of public works on evidence that the holder
thereof, is or has violated the privileges conveyed thereunder. Such notice of
cancellation shall be in writing officially delivered to the persons to be notified and shall
be immediately effective and enforced.
E. Permit fee and water charges. The permit fee and water charges shall be
established by resolution as described in section 13.04.030 of this chapter.
13.04.140 - Unlawful acts.
It shall be unlawful for persons to do any of the following:
A. Interfere with or any manner tamper with any water meter, pipe line, or water
service facility of the city, and in the event that any person shall interfere with or tamper
with any of the same so that repairs or adjustments are necessary, water service to
such person shall be discontinued until the cost of making the necessary repairs or
adjustments shall have been paid in advance, and in addition, such person shall be
subject to the penal provisions of this chapter; .
B. No by-pass or connection between a water meter and a water main shall be
made or maintained, except in the case of fire protection, without the written permission
of the director of public works or his or her designee and/or the director of building and
fire, accordingly;
C. To turn on water after the same has been turned off by city at any meter or
connection. or for any reason to take or use water without notifying the director of public
works. or his or her designee, or to cut in or make connection with the water mains
without permission in writing from the director of public works or his or her designee;
a~ i
D. All owners or occupants of property supplied with water are prohibited from
furnishing water to others without the written permission of the director of public works
or his or her designee.
E. No person shall violate any other provision within this chapter.
13.04.150 - Maintenance of equipment.
All water meters shall be furnished by the public works department, shall remain
the property of the city. 'and shall be maintained, repaired and renewed when
unserviceable. Whenever replacements. repairs. or adjustments of any meter, box. lid,
stopcock, gate valve, backflow device, or connections are rendered necessary by any
act, negligence or carelessness of the consumer, a charge will be collected in
accordance with the public works department field division fee and service charges.
13.04.160 - Installation of equipment.
The installation of all. new water mains, valves and fire hydrants which will
ultimately become part of the regular water system shall require the prior approval of the
ORDINANCE NO. 576
PAGE 6
director of public works. Service lines may be installed by the public works department
in conjunction therewith.
13.04.170 - Extension of mains outside city.
Any requests for water main extensions outside the city shall only be granted by
the city council. Any applicant for such water service shall pay all cost associated with
such a request. '
13.04.180 - Subdivision of property.
In the event of a division or subdivision of property, any existing service may be
used to serve one of the individual parcels or credited to the overall development.
13.04.190 - Reimbursement.
A charge referred to in this subsection as a "service main charge" or "front foot
charge," which shall be as follows:
A. Where a developer, other than the city, has installed the service main and
there is an agreement between the city and the developer that the developer shall be
reimbursed upon a connection to the service main, the city shall collect the amount
agreed to be paid to the developer pursuant to the agreement. '
S. In all cases where there is not an agreement for the reimbursement of the
developer, there shall be a charge as described in section 13.04.030 of this chapter.
13.04.200 - Liability.
There shall be no liability on the part of the city for damage, loss or inconvenience
resulting from sand, gravel, rust, sediment, foreign matter, air, excessive pressure, Or
hydraulic water hammer in the water system.
SECTION 2. Arroyo Grande Municipal Code Section 13.05.010 is hereby amended as
follows:
13.05.010 - Water supply conditions.
A. The city council Sh311 from timo to timo may adopt resolutions declaring
I
the level of the city water supply condition, which in turn will would determine the
mandatorv water conservation measures in effect at any particular time within the city.
The four levels of water supply conditions are: .
'. 1. Normal Water Supply Condition. lDefined as consuming zero to ninety (90)
percent of the annually available water supply; ·
2. Moderately. Restricted Water Supply Condition. Defined as consuming
ninety (90) to ninety-five (95) percent of the annually available water supply;
3. Severely Restricted Water Supply Condition. Defined as consuming
ninety-five (95) to ninety-nine (99) percent of the annually available water supply; and
4. Critical Water Supply Condition. Defined as consuming one hundred (100)
percent of the annually available water supply.
S, Upon adoption of the required resolution, the restrictions and measures
identified in this chapter shall take effect immediately.
ORDINANCE NO. 576
PAGE 7
C. The city council may from time to timo adopt resolutions designed to
implement the provisions of this chapter.
SECTION 3. Arroyo Grande Municipal Code Subsections 13.05.040.C.1. and
13.05.040.E. are hereby amended as follows:
13.05.040.C. Outdoor Irrigation.
1. Outdoor irrigation is prohibited between the hours of ten (10:00) a.m. and
four p.m.
13.05.040.E. Use of potable water for soil compaction or dust control purposes in
construction activities is prohibited.
SECTION 4. Arroyo Grande Municipal Code Section 13.05.060 is hereby amended as
follows:
13.05.060A Penalties for noncompliance.
A. Violation of any provision of this chapter may result in termination of water
service until such violation is corrected, and until nil :Jpproprinte foes and penalties are
, paid in full and will be subject to the following :Jdministrntion administrative procedure:
1. Written notice to the alleged' offender, including the furnishing of
informational material and advice where appropriate:
2. Recovery of all city staff costs, including overhead, for any second or
greater offense within anyone-year period:
3. Additional civil administrative penalties for any third or greater offense within
anyone-year period;
4. The right to appeal first to the utility billing adjustment committee and then
to the city council.
SECTION 5. The definition of "Health Officer" in Arroyo Grande Municipal Code Section
13.08.020 is hereby amended as follows:
"Health officer" means the health officer of the sHy county, his or her medicnl deputies,
his or her s:Jnitnrians, and or his or her duly authorized representatives.
SECTION 6. Arroyo Grande Municipal Code Section 13.08.040 is hereby repealed and
replaced in its entirety as follows:
13.08.040 - Permits.
A. Application. Prior to the issuance of any permit, the application and
recommendations of the health officer for a new well shall be submitted to the council.
The council may approve the application if, in its discretion, the drilling and the
operation of the well will not deplete nor contaminate the city water supply and service
from the city water system is neither practical nor feasible. If the council approves the
granting of a permit, it may be issued subjeCt to such reasonable conditions as the
. council imposes to prevent the depletion and contamination of the city water supply and
!
ORDINANCE NO. 576
PAGE 8
subject to compliance with the standards provided by the County of San Luis Obispo. In
the event the council refuses to approved the permit, the health officer shall not grant it.
B. Term--Completion of Work. The permittee shall complete the work authorized
by the permit prior to the expiration date set forth in the permit The permittee shall notify
the health officer in writing upon the completion of the work; and such work shall not be
deemed to have been completed until such written notification has been received.
C. Reports. A copy of the well-driller rerJort required by the provisions of Section
13751 of the Water Code of the state shall be submitted to the health officer and the
public works department upon the completion of the construction of each well.
SECTION 7. Arroyo Grande Municipal Code Section 13.08.050 is hereby amended as
follows: .
13.08.050 - Inspection.
The health officer and his or hor inspoctors a representative of the city may at
any all reasonable times enter any and all places, property, enclosures and structures
for the purpose of making examinations and investigations to determine whether any
provision of this chapter is being violated. The health officer may require that each
completion, modification, ~ or destructiol1 operation be inspected prior to any
further work.
SECTION 8. Arroyo Grande Municipal Code Section 13.08.060 is hereby repealed in
its entirety.
SECTION 9. Arroyo Grande Municipal Code.. Sectiofls 13.08.070 and 13.08.080 are
hereby renumbered and amended as follows:
13.08.Q.7G060 - Public nuisances.
In the event the health officer and/or a city representative determines that a well
constitutes a public nuisance, he or she shall abate such nuisance in accordance with
the provisions of Section 3494 of the Civil Code of the state and/or city ordinance.
13.08.00Q070 - Immediate abatement.
If the health officer and/or a city representative finds that immediate action is
necessary to prevent the impairment of the ground water or a threat to the health or
safety of the public. he or she may summarily abate such nuisance in any manner
permissible under the law.
SECTION 10. The following definitions in Arroyo Grande Municipal Code Section
13.12.010 are hereby repealed and/or amended as follows:
"Aroa ohargo" moans a ohargo to lots within tho city for capacity in tho collootor
systom.
"Assessment district" means g special district formed for the purpose of sewer
facilitv line construction, operation and/or maintenance with costs and expenses
distributed among benefited properties. as set forth by law.
ORDINANCE NO. 576
PAGE 9
"Lot" means any piece or parcel of land, bounded, defined or shown upon a plot
or deed recorded in the office of the county recorder and lawfully created; proYided,
however, in the event any structure is located: upon more than one parcel of land, all
under the ownership and as defined in this section, "lot" shall include all such parcels of
land.
SECTION 11. Arroyo Grande Municipal Code ~ection 13.12.020 is hereby amended as
follows:
,13.12.020 - Purpose.
The purpose of this chapter is to provide for the maximum possible beneficial
public use of the district's city's facilities thr9ugh the adequate regulation of sewer
construction, sewer use, and wastewater discharges; to provide for the equitable
distribution of the district's city's costs" by est3blishing charges and to establish a
dopository into '",hich sucR fllnds shall be deposited; and to provide procedures for
complying with the requirements placed upon the district city by other regulatory
agencies.
SECTION 12. Arroyo Grande Municipal Code ~ection 13.12.060 is hereby amended as
follows:
13.12.060 - Availability to new buildings--Connections required.
Any newly construction building to which a public sewer is available shall be
connected to such public sewer prior to its use ,for hum3n occupancy, unless approval is
granted by the council for a private sewerage disposal system.
SECTION 13. Arroyo Grande Municipal Code Section 13.12.070 is hereby amended as
follows:
13.12.070 Private systems~-ApproYal--Applications--Granting.
The approvals for private sewage di~posal systems referred to in Sections
13.12.050 and 13.12.060 may be granted upon a written application to the council by
the applicant setting forth the basis for such a request. Approval may be granted only
upon an affirmative showing that no health hazard, public nuisance, or inequity to other
property owners will result therefrom. Approval may also be granted to allow a private
sewage disposal system when it is shown to the satisfaction of the airoction director of
public works to be unfeasible to connect to the public sewer, and the lot in question is
approved by the county health department as to suitability for such private sewage
system.
,SECTION 14. Arroyo Grande Municipal Code Section 13.12.100 is hereby amended as
follows:
13.12.100 - Swimming pool wastes or spa water.
Swimming pool 'Naste or spa water and wastewater shall be disposed of as set
forth in the currently adopted Uniform Plumbing Code.
:1
,
'i
I:
II
:!
I
"
ORDINANCE NO. 576
PAGE 10
SECTION 15, Arroyo Grande Municipal Code Section 13.12.110 is hereby amended as
follows:
13.12.110 - Groups of houses or buildinqs on one lot--Connections to main sewers.
No group of four or more houses or buildinqs on one lot shall be connected to a
main sewer without first having the plan of the sewers to such houses approved by the
director of public works. The size of the proposed building sewer and lateral serving
such houses shall not be less than six inches diameter or of a size determined by the
director of public works. A manhole shall be provided at its junction with the existing
main sewer. The director of public works may permit more than one condominium or
planned unit development unit to connect to a common building sewer subject to
improvement standards adopted by the city. The director may require appropriate
conditions to such an approval to become a part of the codes, covenants and
restrictions for the subdivision.
In conformance '....ith Section 13.12.160, nAIl maintenance of building sewers
discussed in this cection are the responsibility of the lot owners or appropriate owner's
association exclusive of the citv main line.
SECTION 16. Arroyo Grande Municipal Code Section 13.12.120 is hereby amended as
follows:
13.12.120 - Sewer connections--Applications.
An applicant for sewer service shall sign an application and furnish a legal
description of the property to be served. It shall be the applicant's responsibility to
deliver sewage to the service point selected by the city. at the gnQ elevotien selected by
the city. Service will be granted only where adequate collection lines have been
installed. Lateral sewers shall be installed by a contractor licensed to do sewer work
and shall be maintained by the property owner~ pursuont to the provisions of Sections
13.12.140 through 13.12.250 of this chapter.
SECTION 17. Arroyo Grande Municipal Code Section 13.12.130 is hereby amended as
follows:
13.12.130 - Private systems--Construction--Inspections.
Where a property is within two hundred fifty (250) feet of the public sewer, but
pursuant to the provisions of Section 13.12.070 a private sewage disposal system is
approved. the property owner shall apply for and obtain all permits required by the city
and supply all plans, specifications, or other information deemed necessary by the
director of public works citv buildinq official before construction of such private sewage
disposal system can begin. The construction and inspection of such system shall be in
conformance with the currently adopted Uniform Plumbing Code and shall meet any
other requirements of the council, the director of public works citv buildinq official, and
the county health department. The owner shall operate and maintain such private
sewage disposal facilities in a sanitary manner at all times at no expense to the city.
ORDINANCE NO. 576
PAGE 11
SECTION 18. Arroyo Grande Municipal Code Section 13.12.160 is hereby amended as
follows:
13.12.160 - Approval--Exceptions.
Nothing contained in Sections 13.12.140 through 13.12.240 shall be deemed to
require the application for, or the issuance of, a permit for the purpose of removing
stoppages or repairing leaks in a building or residential sewer, except when it is
necessary to replace any part of such sewer. For the purpose of this chapter, building
sewer is defined as all sewerage exclusive of city main line including, but not limited to,
the wyes, tees, saddles, laterals and plumbing.
SECTION 19. Arroyo Grande Municipal Code Section 13.12.170 is hereby amended as
follows:
'-
13.12.170 - Permittees--Liability.
The person applicant to whom a permit for construction has been issued and the
person performing the work under such permit shall be liable for all damageso of
'....hatsoever nature occm:ioned by or resulting from the performance of E:uch work, and s
Such perwnE: applicant shall hold the city and.its employees and agents harmless from
all loss, including expenses incurred in defending any action against the city arising out
of such construction work. The applicant shall be liable for defects in the work and for
any failure which may develop in the facilities because of defective work or materials.
SECTION 20. Arroyo Grande Municipal Code Section 13.12.180 is hereby amended as
follows:
13.12.180 South San Luis Obispo County sSanitation aDistrict fees.
Each connection to the sewer system shall be charged a fee as adopted by the
Governing Board of the South San Luis Obispo County s~anitation aDistric( for E:3id
sanitation district.
SECTION 21. Arroyo Grande Municipal Code Section 13.12.200 is hereby amended as
follows:
13.12.200 - Sewer connections outside the city. limits. .
Sewer connections to an area outside the city limits shall be subject to the
following conditions:
A. The applicant shall provide detailed calculations that demonstrate that the
proposed sewage flow, plus the projected sewage flow from the areas within the city
limits at buildout can be conveyed by the city sewer system. The analysis shall be
reviewed and approved by the director of public works.
B. The applicant shall provide a will serve letter demonstrating that the South
San Luis Obispo County sSanitation aDistrict ~ill accept the additional sewage.
C. Pay connection fees as described in Sections 13.12.14~0 through
13.12.240, plus an additional twenty (20) percent of the city connection fee amount
established bv the city for Gity overhead fef and administration of the outside sewer
ORDINANCE NO. 576
PAGE 12
connection. In addition, the applicant shall be responsible for all costs associated with
tho o\,!tsido Gower connoction for connectinq tothe citv's sewer svstem.
D. For sewer connections of a single residence unit, the director of public
works may approve the outside connection. For connections of more than a single
residence unit, the outside connection shall be approved by the city council.
E. Provide evidence of approval of all necessary government bodies,
including, but not limited to, the local agency formation commission.
SECTION 22. Arroyo Grande Municipal Code Section 13.12.210 is hereby amended as
follows:
13.12.210 Connections--Fees--Disposition.
All moneys derived from sewer connection fees shall be deposited in a special
fund known as the "sewer facility fund." The money in said fund shall be used to pay for
sewer improvements and future sewer capacity as necessary to meet the needs of the
city resulting from growth and expansion. Tho fund shall not 130 usod to P:JY for
opor3tion and maintonance.
SECTION 23. Arroyo Grande Municipal Code Section 13.12.250 is hereby amended as
follows:
13.12.250 Applications--Installations--Costs--Reimbursement.
Any person extending a public sewer to the benefit of other properties may
request a reimbursement agreement to be approved bv the citv council. The city council
shall approve or disapprove of any reimbursement agreement. The reimbursement
agreement shall not reduce the connection fees to be paid to the city. The maximum
term of a reimbursement agreement shall be ten (10) years.
SECTION 24. Arroyo Grande Municipal Code Section 13.12.280 is hereby repealed in
its entirety.
SECTION 25. Arroyo Grande Municipal Code Section 13.12.290 is hereby renumbered
and amended as follows:
I
"
13.12.200270 - Inspection required.
All sewer construction work, including taps into sewer mains, within the city shall
be done in strict compliance with the sHy citv's public works department plans and
specifications therefore and the currant Uniform Plumbing Code. Such work shall be
.inspected by a city inGpootor the public works director.
SECTION 26. Arroyo Grande Municipal Code Section 13.12.300 is hereby amended as
follows:
13.12.300 - Inspection notices--Preparation of work--Defects.
All work done pursuant to the provisions of this chapter shall be subject to
inspection by the city. Notices roquosting such inspoctions shall 80 givon in writing to
ORDINANCE NO. 576
PAGE 13
tho city by tho porson. firm or corpor:Jtion doing such work. or c:Jusing such "'.'ark to bo
dono. one working day. .....ithin tho normal working hours. in advanco of the timo tho
inspoction is to bo dono. Up to the time of the inspection all work shall remain
uncovered and convenient for the inspector's e'xamination. If any pipes are enclosed or
covered in any way whatsoever so as to tend "to obstruct a thorough inspection of the
drainago pipinq system. such obstruction shall be removed before an inspector shall be
required to inspect the work. When, upon an ~xamination by the inspector. the work is
found to be defective. either in its construction or materials. such work shall be made to
conform to the requirements of this chapter. in default of which the permit for such work
shall be revoked by the city. and such work shall be discontinued immediately.
SECTION 27. Arroyo Grande Municipal Code ,Sections 13.12.310 (Completion of work
- Certificates); 13.12.320 (Building sewers - Connections); 13.12.330 (Building sewers
- Requirements); 13.12.340 (Building sewer - minimum pipe size); 13.12.350 (Building
sewers _ Inspections and approval); and 13.~2.360 (Building sewers - Testing) are
hereby repealed in their entirety.
SECTION 28. Arroyo Grande Municipal Code Section 13.12.370 is hereby amended as
follows:
13.12.370 - Lifting dovicosSewer pumps--Backwatefflow valves.
In all buildings in which there are plun)bing fixtures at an elevation too low to
permit drainage by gravity from such fixtures to the public sewer. the sewage from such
fixtures shall be Iiftod by artificial moans pump'ed and discharged to the main sewer at
the owner's expense. In all buildings where floor elevation is below the rim elevation of
the nearest upgrade manhole. there shall be installed in the sitIe sewer lateral an
approved type of backwatefflow valve. Backwatefflow valves shall also be installed if!
sido so'....ers whorover and whonovor tho city. may doom ad'/isablo. per the uniform
plumbinq code.
SECTION 29. Arroyo Grande Municipal Code Subsections 13.16.050.0 and'
13.16.050.E. are hereby amended as follows:
O. Notwithstanding any other provisions of this section. at the service
connection to any sewage treatment plant. sewage pumping station. or stormwater
pumping station. the public water supply shall be protected by an air-gap separation.
The air-gap shall be located as close as practicable to the meter. and all piping between'
the meter and receiving tank shall be entirely visible. If these conditions cannot be
reasonably met. the public water supply shall be protected with an approved reduced
pressure principle back-flow prevention device providing this alternative is acceptable to
the dopartmontcountv. The final decision. in' this matter shall' rest with the State
Department of Public Health. of tho stato Services.
E. Notwithstanding any other provisions of this section. on any premises
where the department determines that a special hazard exists. the public water supply
shall be protected by such approved back-flowiprevention devices as designated by the
dopartmontcountv. '
ORDINANCE NO. 576
PAGE 14
SECTION 30. Arroyo Grande Municipal Code Section 13.16.070 is hereby amended as
follows:
13.16.070 Qualification and certification of persons to inspect and maintain back-flow
prevention devices.
A. No person shall be qualified to inspect and maintain back-flow prevention
devices unless his or her qualifications have been established to the satisfaction of the
department Countv of San Luis Obispo Environmental Health Services Division as set
forth in this section. To determine the qualifications of any person to inspect and
maintain back-flow prevention devices, the department shall have the authority to
. conduct examinations as necessary. Upon the successful completion of such
examination and such training as the departmpnt county shall prescribe, the person so
examined shall receive from the dep3rtment county a certificate of competence. Any
limitations or conditions imposed by the depar;tment on the examinee in the inspection
and maintenance of back-flow prevention devices shall be stated upon the face of the
certificate of competence issued to the examinee. The department shall make available
to consumers a list of persons qualified to in~pect and maintain back-flow prevention
devices. Every person, after receiving a certificate of competence from the
dep3rtmentcounty, shall be issued such identification as the department shall deem
appropriate, and such identification shall be kept in the immediate possession of every
person holding a certificate of competence while such person is inspecting or
maintaining any back-flow prevention device in the city.
B. Every person desiring to qualify to inspect or maintain back-flow
prevention devices shall make an application. to the departmentcounty. .^.t the time of
making the application, every person sh311 P3Y 3 fee of ten dollmc ($10.00) which fee
Sh311 not be refundable. The fee ch311 cover the exponcoc of the dep3rtment in
prococcing the 3pplications, certificates oT. competence, aRd any documentc of
identification required BY the department.
C. Every person holding a certificate of. competence issued by the
department county pursuant to the provisions bf this chapter shall be required to renew
the certificate every three years. The requirem~nts for re-examination may be waived at
the discretion of the department county. .
D. Every person receiving a certificate of competence pursuant to the
provisions of this chapter shall be responsible for the competency and accuracy of all
inspections and the maintenance performed by him or her on any back-flow prevention
device.
E. Any person issued a certificate of competency who violates or fails to
comply with any of the provisions of this chapter or who willingly falsifies inspection or
maintenance reports submitted to the department shall have the certificate of
competence immediately revoked and shall not be considered for recertification for a
period of two years.
SECTION 31. Arroyo Grande Municipal Code Section 13.16.090A is hereby amended
as follows:
ORDINANCE NO. 576
PAGE 15
A. Whenever the department countv determines that drinking water systems
on a premises cannot be protected against the entry of water from any piping system,
equipment, or other source not safe or potable for human use, an entirely separate
drinking water system shall be installed to supply water at convenient points.
SECTION 32. Arroyo Grande Municipal Code Section 13.16.100 is hereby repealed in
its entirety.
SECTION 33. Arroyo Grande Municipal Code Section 13.16.110 is hereby amended as
follows:
13.16.110 - Violations--Penalties.
The 'Natar purveyor citv shall have the authority to immediately discontinue
service to any premises where cross-connections or other hazards to the water system
are found to exist and shall not again render service to the premises until such
conditions are eliminated in accordance with the provisions of this chapter. Any
consumer who willfully violates any of the provisions of this chapter or alters, bypasses
or renders inoperative any back-flow prevention device installed pursuant to the
provisions of this chapter shall, in addition to immediate discontinuance of water
service, be subject to the penalties prescribed in Chapter 1.16 of this code. Service
shall not again be rendered until such violation of noncompliance has been corrected.
SECTION 34. Arroyo Grande Municipal Code Chapter 13.20 (Construction Regulations
and Standards) is hereby repealed in its entirety.
SECTION 35. Arroyo Grande Municipal Code Chapter 13.26 (Encroachment Permits)
is hereby added as follows:
CHAPTER 13.26 ENCROACHMENT PERMITS
13.26.010 - Application.
Any person desiring to encroach upon, or to cause, allow or make any encroachment
into the public right-of-way must first obtain a permit to do so. Applicants shall file a
written application with the director of public works to obtain a permit. The application
shall be in the form prescribed by the city, and shall have the following information (as
applicable):
1. Location of the encroachment:
2. The reason or necessity for encroachment;
3. Estimated time to begin and complete the work or placement of an encroachment;
4. Plans and specifications covering the encroachment as may be required by the
city.
5. Estimated cost of repairing damage to the road or other public property caused by
the encroachment;
6. Length of time encroachment will be kept in place;
ORDINANCE NO. 576
PAGE 16
7. Each permit shall expressly provide that any personal property placed upon the
sidewalk pursuant to the permit shall exterd no further along the sidewalk than the
exterior limits of the merchant's place of business;
8. Each permit shall expressly state, and the permittee shall agree, that in all cases a
minimum sidewalk width of five feet shall be kept clear of any obstruction at all
times;
9. Name, address and phone number of the person responsible for maintaining the
encroachment during the term of the encroachment; v
10. Other information as may be required by the director of public works.
All terms and conditions of this chapter shall be incorporated by reference into any
permit issued by the city.
13.26.020 - Approval/conditional approval.
Upon receiving an application to encroach upon the public right-of-way, the
director of public works shall issue, conditionally issue or deny it. If the application is
approved, or conditionally approved, the director shall cause the deposit, if any, to be.
paid into the city treasury and/or such surety' bond, if any, to be deposited with the
, financial services director, and shall issue a written permit authorizing the
. encroachment. The permit shall include all of the conditions required by this code and
any conditions set by the director. In the event that application is denied, any deposit
made or bond submitted in connection therewith shall be forthwith returned to the
applicant. An applicant, if dissatisfied with the, denial or with any condition attached to
an approval, may appeal the decision pursuant to Section 1.12.010 of this Code.
13.26.030 - Fee.
A fee for encroachment permits shall be established by resolution of the city
council and shall be paid to the city at the time of issuance or renewal of any
encroachment permit. Public utility companies operating under franchise agreement
with the city may pay annually for permit fees, or provide a deposit in advance of the
estimated amount of permit applications subject to an agreement approved by the
director of public works.
13.26.040 - Length of Time Valid.
Encroachment permits shall be issued for a. specific length of time, which shall
not exceed a reasonable time necessary as determined by the director of public works.
In the absence of any prior agreemenUo the c;ontrary, no cause Shall be necessary to
be shown or proven for the city council to modify, revise or revoke any encroachment
permit or deny an original or renewal request. ,Utility companies will not be required to
. I
have a current permit to conduct any maintenance that does not require any cutting of
concrete or asphalt and/or excavation.
13.26.050 - Cleaning/Sweeping.
Permittees shall be required to clean/sweep that portion of the right-of-way
encroached upon. . Unless authorized by the director of public works. no material or
debris shall be allowed to remain in the right-of-way.
ORDINANCE NO. 576
PAGE 17
13.26.060 - Security Deposit.
Unless waived by the director of public works, a deposit shall be required prior to
the issuance of an encroachment permit involving construction in the street right-of-way.
The deposit shall be either cash, cashier's check, certified check, certificate of deposit,
surety bond issued by a company authorized to do business in the state, or other form
acceptable to the director. The director of pyblic works shall set the amount of the
deposit based on potential damage to public' property which may be caused by the
project or which will result if the project is not "completed. All deposits shall remain in
force for a period of one year from the date of expiration of the encroachment permit, at
which time the financial services director shall be authorized and directed to return the
cash deposit or bond or other security posted by the permittee to the permittee. The
amount returned will no include any interest, unless required by prior agreement or law.
13.26.070 - Other Permits.
It shall be the duty of any person causing, allowing, making or maintaining any
encroachment in any road or other public place in the city, to procure all permits and
licenses, pay all charges and fees, and give all notices necessary and incidental to the
due and lawful prosecution of the work as required by other agencies.
SECTION 36. If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or
more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 37. A summary of this Ordinance shall be published in a newspaper
published and circulated in the City of Arroyo Grande at least five (5) days prior to the
City Council meeting at which the proposed Ordinance is to be adopted. A certified
copy of the full text of the proposed Ordinance shall be posted in the office of the
Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of
the Ordinance, the summary with the names of those City Council Members voting for
and against the Ordinance shall be published again, and the Director of Administrative
Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 38: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member' Costello, seconded by Council Member Guthrie, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
Council Members Costello, Guthrie, Dickens, Arnold, and Mayor Ferrara
None
None
the foregoing Ordinance was adopted this 22nd day of November, 2005.
ORDINANCE No.5 '7 f.R
PAGE 18
Il
ATTEST:
~!U-
ORE, CITY CLERK
APPROVED AS TO CONTENT:
~~~TYMANAGER
APPROVED AS TO FORM:
n
qtJt;~ATTORN~
;l
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of. the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 576 which was
introduced at a regular meeting of the City Council on November 8,2005; was
passed and adopted at a regular meeting of the City Council of the City of Arroyo
Grande on the 22nd day of November 2005: and was duly published in
accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23rd
day of November 2005.
7fLL-