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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 Arroyo Grande Municipal Code Chapter 13.04 is hereby repealed and replaced in its entirety as follows: CHAPTER 13.04 - WATER SERVICE SYSTEM 13.04.010 - Adoption of rules and change of rates.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-