Ord 697
ORDINANCE NO. 697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
DELETING CHAPTER 13.11 OF THE POWA Y MUNICIPAL CODE,
ENTITLED "WATER SERVICE CHARGES" AND ADDING A
NEW CHAPTER 1311 ENTITLED "WATER SERVICE."
WHEREAS, on June 14, 1977, the Poway Municipal Water District ("District")
adopted a document entitled "Rules and Regulations Governing Water Service," which
contained that agency's rules and regulations related to water service, water rates, and
construction of new facilities; and
WHEREAS, on January 27,1981, following the City of Poway's incorporation, the
City Council of the City of Poway passed Ordinance No. 15, adopting, by reference, the
ordinances, resolutions, and operating policies of the District, including the Rules and
Regulations Governing Water Service, and declaring that those ordinances, resolutions,
and policies should remain in effect until the enactment of a City ordinance superceding
them; and
WHEREAS, the District's Rules and Regulations Governing Water Service have
been in effect in Poway from 1981 to the present; and
WHEREAS, it has been determined that there is a need to update the Rules and
Regulations Governing Water Service, so that those rules accurately reflect the City's
current practices and procedures regarding water service, and to codify the rules and
regulations pertaining to water service in the Poway Municipal Code, so that they are
more accessible to the public; and
WHEREAS, this ordinance adopting a new Chapter 13.11 in the Poway
Municipal Code entitled "Water Service," is intended to supercede the Rules and
Regulations Governing Water Service that was adopted by Ordinance No. 15.
NOW, THEREFORE, the City Council does hereby ordain as follows:
Section 1. Chapter 13.11 of the Poway Municipal Code is repealed in its
entirety.
Section 2 There is hereby added to the Poway Municipal Code as Chapter
13.11 the following provisions entitled "Water Service":
Ordinance No. 697
Page 2
Chapter 13.11
WATER SERVICE
Sections:
1311010 Definitions
13.11.020 Conditions and Limitations of Service
13.11.030 Refusal or Discontinuance of Service
13.11.040 Application for Service Connection
13.11.050 Bills and Payment
13.11.060 Reestablishment of Service and Deposits
13.11.070 Meter Testing
13.11.080 Automatic Fire Service
13.11.090 Fire Hydrant Meters
13.11.100 Installation of Service Connections and Meters
13.11.110 New Facilities
13.11.120 Schedule of Water Rates
13.11.130 Prohibited Acts
13.11.010 Definitions.
As used in this Chapter:
1. "Applicant" means an individual or agency applying for City water service.
2. "City Council" or "Council" means the City Council of the City of Poway.
3 "Customer" means an individual or agency of record receiving water service
from the City of Poway.
4. "Customer Handle" means the point of connection where the City-maintained
water system ends and the customer connection begins.
5. "Fire Service" means provision of water to Premises for automatic fire
protection
6 "Main" means distribution pipelines located in streets, highways, public ways,
or private rights-of-way that are used to serve the general public.
7. "Main Extension" means extension of distribution pipelines, exclusive of
Service Connections, beyond existing facilities.
8. "Meter Size" means the standard classification by which water meters are
identified, according to the size of orifice.
9. "Parcel" means a fee ownership Parcel as shown on the roll of the San Diego
County Assessor or a subsequent division of land into a separate Parcel or lot as shown
Ordinance No. 697
Page 3
on a County-approved Division of Land Map thereof, or for which an un-revoked
Certificate of Compliance has been issued by the City or County. See "lot" as defined in
PMC Section 17.04.440.
10. "Premises" means the integral property or area, including improvements
thereon, to which water service is or will be provided.
11. "Residential" means the provision of water for household purposes, including
water for sprinkling lawns, gardens, and shrubbery; watering livestock; washing
vehicles, and other similar and customary purposes.
12. "Service Connection" means the pipe, valves, and other facilities used by the
City to convey water from its distribution Mains to the meter.
13. "Water Unit" means 100 cubic feet of water, which is equivalent to
approximately 748 gallons of water.
13.11.020 Conditions and Limitations of Service.
As a condition of connection to the City's water system, and continued water
service, all Customers agree to the following conditions and limitations of City water
service, for which the City shall incur no liability or damages:
A No Guarantee of Continual Service. The City is not a guarantor of continual
water service in any quantity, or at any pressure for any purpose, including fire
protection.
B. Shutdowns and Variations in Water Service. All water service is subject to
shutdowns and variations in water service as required for the operation of the system,
and resulting from causes within and outside the City's control.
C. Malfunctioning of Water System. The City shall incur no liability or damages
as a result of the failure or malfunctioning of any portion of its water system, or from
inadequate water quantity or pressure.
D. Water Pressure. The City shall incur no liability or damages as a result of City
water system pressures exceeding the pressure limitations of a Customer's system, and
the Customer may be required to install and maintain a pressure regulator to protect the
Customer's system.
E. Water System Rules, Regulations and Charges. All Customers agree to abide
by and be subject to all rules and regulations, fees, rates, and charges pertaining to
water service that are adopted by the City Council.
F. Responsibility for Maintenance of Customer's Equipment. The City's
jurisdiction and responsibility ends at the Customer Handle connected to the meter. All
Ordinance No. 697
Page 4
equipment, including the service line, on the Customer's side of the Customer Handle, is
the Customer's sole responsibility to furnish, install, and maintain. The City shall not be
responsible for damage to property caused by spigots, faucets, valves, pumps, and
other equipment that are open when water is turned on at the meter, either when the
water is turned on originally, or when turned on after a temporary shutdown. All
Customers are required, as a condition of receiving water service, to maintain their
service line and other equipment in good repair and free from leakage at the Customer's
own expense.
G. Recommendations As To Customer Facilities. Recommendations made to a
Customer by the City or its agents regarding matters such as the Customer's plumbing
or appliances, use of water on the Customer's Premises, or the location of the
Customer's facilities, will be made or offered without charge, except as otherwise
provided, and shall result in no liability or damages to the City.
H. Ownership of Meters. The City shall retain ownership of all meters installed
within the City Payment by a Customer of installation fees, capacity fees, meter
charges, connection charges, or any other fees and charges shall not transfer
ownership of a meter from the City to a Customer.
I. Temporary Suspension and Restoration of Water Service. The City shall have
the right to temporarily suspend delivery of water when necessary or convenient for the
purpose of making repairs or improvements to its system, or in the case of an
emergency, and shall incur no liability or damages for interruption in service. The City
shall not be responsible for damage to property caused by spigots, faucets, valves,
pumps, and other equipment that are open when water is turned on at the meter, either
when the water is turned on originally, or when turned on after a temporary shutdown.
J. Water Quality. When furnishing water for human consumption, the City will
endeavor to supply safe and potable water at all times, but shall have no liability or
damages resulting from variations in water quality or variations in the chemical
composition of the water it furnishes.
K. Access to Premises and Use. The City or its duly authorized agents shall at
all reasonable times have the right to enter a Customer's Premises for any purpose
related to the service of water to a Customer. The City shall also have the right to use,
without cost or obligation to contribute to the maintenance thereof, any easement of a
Customer necessary to service or maintain any part of the City's water system that
benefits the Customer.
L. Resale of Water. Except by special agreement with the City, no Customer
shall resell any of the water received from the City, nor shall such water be delivered to
Premises other than those specified in the application for service.
Ordinance No. 697
Page 5
M. Unsafe Apparatus. The City may refuse to furnish water and may
discontinue service to any Premises where apparatus, appliances, or equipment using
water is dangerous, unsafe, or not in conformity with any laws or ordinances. The City
does not assume liability for inspecting apparatus on the Customer's property. The City
reserves the right to inspect the Premises if there is reason to believe that unsafe
apparatus is in use.
N. Installation of Service Connections and Meters. Only duly authorized
employees, contractors, or agents of the City will be permitted to install or remove any
Service Connection, meter, or backflow prevention device.
O. Damage to City's Property. The Customer shall be liable to the City for the
cost of repairing any damage to a meter or other equipment or property owned by the
City, if the damage is caused by an act of a Customer or Customer's tenants, agents,
employees, contractors, licensees, or permittees.
P. Construction of Facilities All facilities that are a part of the City's system,
including Mains and fire hydrants, must be of a design and size and shall be
engineered, constructed, and installed in accordance with the City's standards and
requirements.
Q. Notices to Customers. Notices from the City to a Customer will normally be
given in writing, and either delivered or mailed to the Customer's last known address,
except in the case of an emergency.
13.11.030 Refusal or Discontinuance of Water Service.
A. The City may refuse to furnish water service or may discontinue water service
to any Premises in the following circumstances:
1. A Customer's water usage is detrimental or injurious to other
Customers or to public health and safety, or results in inadequate service to other
Customers.
2. A Customer has engaged in fraud in obtaining water service, or is
engaged in theft of water service.
3. A Customer has failed to comply with any of the provisions of this
Chapter 13.11, including but not limited to, the provisions set forth in Section
13.11.130, and after receiving written notice of the violation and the City's
intention to discontinue service has failed to correct the violation within the time
frame set forth in the written notice. In the event of a violation that presents a
threat to public health and safety, the City may discontinue water service
immediately and without notice.
Ordinance No. 697
Page 6
4. A Customer has failed to pay all rates, fees, deposits, and charges and
other amounts payable to the City for water service when due.
B. Restoration of Service. The City may charge a fee, as adopted by the City
Council from time to time, for restoring water service which has been discontinued
because of noncompliance with these rules, or discontinued at the Customer's request.
An additional fee may be charged by the City for a request to restore service outside of
normal business hours.
13.11.040 Application for Service Connection.
A Each Applicant for a Service Connection will be required to sign a form
provided by the City.
B. The application shall be accompanied by a payment of all required deposits,
fees, and charges then in effect.
C. Changes in Customer's Equipment or Use of Service. Any Customer making
a material change in the size, character, or extent of the Customer's equipment or
operations related to water service, resulting in an increase in the Customer's use of
water or a change in the character of the Customer's water usage, shall immediately
give the City notice of the change. The City may require that the Customer's service or
Meter Size be increased at the Customer's expense, if the City deems it necessary due
to the Customer's change in equipment or operations.
D. Meter Installation. The City has sole authority to determine the meter size
and type installed based upon the amount and character of the Customer's water use.
13.11.050 Bills and Payment.
A. Billing Period. Bills for water service and special charges will be rendered
monthly or bimonthly.
B. Bills for Less than Billing Cycle. For periods of service of less than a full
billing cycle, fixed charges, such as capacity charges, shall be applied on a pro rata
basis, and commodity charges shall be charged in full.
C. Payment of Bills.
1. Periodic bills are due and payable by the due date stated on the bill.
2. Closing bills are due and payable immediately upon closing of the
account.
Ordinance No. 697
Page 7
3. Mailed payments will not be credited until received by the City at the
designated place of payment. If paid by a check that is not honored, payments
will not be credited until the check or substitute therefore is honored.
4. When bills are delinquent, the City may demand that the full amount of
both delinquent and current charges be paid in full.
5 A delinquent charge and any other applicable charges, as adopted by
the City Council, shall be added to the amount of any bill not paid in full within
thirty (30) days of the original statement date A Customer's water service may
be discontinued for non-payment of any delinquency charge.
D. Billing for Service to Multiple Units. Billing for service to multiple units through
a single service is the responsibility of the Applicant.
E. Customer's Request for Service Discontinuance.
1. A Customer may have water service discontinued by notifying the City
at least one (1) day in advance of the desired date of discontinuance except
Saturday, Sunday, and holidays, and the Customer will be required to pay all
water charges accrued until the date of such discontinuance.
2. If notice of discontinuance is not given, the Customer will be required to
pay for water service until such time that the City has learned that the Customer
has vacated the Premises or otherwise has discontinued service.
F. Payment of Bills - Multiple Service Locations.
1. A Customer's water service may be discontinued for failure to pay for
water service previously furnished to the Customer, regardless of the location at
which the Customer received the previous service. The City may refuse to furnish
water at any location to such Customer until all outstanding bills are paid, plus
any applicable penalties and deposits.
2. If a Customer receives water service at more than one location and the
bill for service at anyone location becomes delinquent, water service at all
locations may be discontinued. Residential service, however, will not be
discontinued for non-payment of bills for other classes of service, such as
commercial/industrial service.
13.11.060 Re-establishment of Service and Deposits.
A Re-establishment of Service. To re-establish service after service has been
discontinued for non-payment, a Customer will be required to pay all amounts due from
the Customer, and any applicable deposits, as well as compliance with all terms and
conditions of this Chapter 13.11.
Ordinance No. 697
Page 8
B. Deposits. The City may require a deposit as a condition of receiving water
service, in an amount established by the City Manager or City Manager's designee, In
the following circumstances:
1. Metered Service. The amount required to establish credit for metered
service, including any minimum, shall be determined by the City Manager or City
Manager's designee. Unless otherwise determined, the deposit amount shall be
equal to twice the estimated average of the periodic charges, but not less than
$25.00
2. Temporary Service.
3. Restoration of Service after Discontinuance of Service.
4. Meter Testing.
C. Unpaid Accounts. Deposits prescribed herein may be applied to unpaid bills
for water service when such service has been discontinued. The City may require the
Customer to deposit a specified amount before providing water service again.
D. Refund or Disposition of Deposits. All deposits, less the amount of any unpaid
water bills, will be refunded without interest, upon discontinuance of service.
13.11.070 Meter Testing.
A Customer Requestfor Meter Testing.
1. A Customer may submit a request for the City to test the Customer's
meter, by giving not less than one week's notice in writing of the request.
2. The City may require the Customer to deposit an amount to cover the
cost of the test.
3. This deposit will be returned to the Customer if the meter is found to be
registering fast, in excess of American Water Works Association Standards. The
Customer will be notified, not less. than five (5) days in advance, of the time and
place of the test.
B. Adjustment of Bills for Meter Error.
1. Fast Meters. When a meter is tested and found to be registering in
excess of American Water Works Association Standards, under conditions of
normal operation, the City will refund to the Customer the full amount of the
overcharge based on corrected meter readings for the period that the meter was
in use, not to exceed six (6) months.
Ordinance No. 697
Page 9
2. Slow Meters. When a meter used for Residential or Commercial
service is tested and found to be registering slow, according to American Water
Works Standards, the City may bill the Customer for the amount of the
undercharge based upon corrected meter readings for the period that the meter
was in use, not to exceed six (6) months.
3. Non-registering Meters. The City may bill a Customer for water
consumed while the Customer's meter was not registering. The bill will include
the fixed water capacity fee as well as an estimate of the Customer's
consumption. Consumption will be estimated using an average of up to three (3)
years of the Customer's consumption during the same billing period, if available.
4. Undersized Meters. The City, in its sole discretion, and at the
Customer's sole expense, may increase the size of a Customer's meter, or
reduce the flow of water service to the Customer, when the City determines that
the Customer's meter is of insufficient size to accurately register the Customer's
water usage, or to provide adequate water flow for approved residential fire
sprinkler systems, as provided in PMC section 15.24.070.
13.11.080 Automatic Fire Service.
A. Purpose. An automatic Fire Service connection will be furnished for fire
protection purposes only, and no other use shall be permitted from such a system. A
Fire Service connection will only be permitted on Premises receiving City water service.
Connection size will be determined by the City, in accordance with applicable
engineering standards.
B. Application. Applicant will be required to submit plans to Safety Services for
approval prior to obtaining a Fire Service connection.
C Installation Charges for Work by the City. The Applicant will be required to
provide a deposit in advance of the estimated cost of installing the Service Connection.
Actual cost of the installation will be charged and the deposit credited to the Applicant
when installation is completed.
D. Fire Sprinkler Lateral Standards. A fire sprinkler lateral shall be constructed in
accordance with the City's Standard Specifications and Drawings. The gate valve at the
main is the point at which the City's maintenance responsibility ends.
E. Pressure and Supply. The service is subject to the same conditions and
limitations applicable to all City water service.
Ordinance No. 697
Page 10
13.11.090 Fire Hydrant Meters.
A. Installation Charge and Deposits. An Applicant for a fire hydrant meter will be
required to comply with all of the following conditions:
1. Completion of all applicable forms and agreements.
2. Payment to City for all applicable charges for installing and removing all
facilities necessary to furnish such service.
3. Payment of a deposit, in an amount as established by the City Manager
or City Manager's designee, to be held by the City during the entire period such
temporary service is used. Refund, without interest, will be the total amount of
deposit less charges for meter loss or damage, closing water bill, and/or
installation or removal of facilities.
B Responsibility for Damages. The Applicant shall be responsible for the cost
of any damage or loss to the facilities, meter, meter fittings, or surrounding public
improvements as a result of the Applicant's use of a fire hydrant meter.
C It is unlawful for any person to operate the valve of any fire hydrant without
City authorization, and compliance with all of the following requirements: 1) use of a
City-issued hydrant meter; 2) use of an appropriate backflow device supplied by the
Customer; and 3) use of a spanner wrench designed for that purpose.
13.11.100 Installation of Service Connections and Meters.
A. General Rule. Services and meters shall be installed on a Main fronting the
Parcel to be served. If there is more than one (1) such Main, installation must be on the
Main closest to the nearest boundary of the Parcel, unless otherwise approved by the
City.
B. Temporary Service. In the case of a Parcel not fronting an existing Main, an
application for temporary service at the nearest existing Main to the Parcel may be
approved by the City Council, in its discretion. As a condition of receiving temporary
service from a Main not fronting the Parcel, the owner of the Parcel, in addition to
payment of all fees and charges applicable to regular service, must execute and
acknowledge a recorded agreement providing for:
1. Installation and maintenance of a pipeline and other required facilities
from the temporary meter to the owner's Parcel and acquisition of any required
easements, all at owner's expense;
2. Discontinuance of temporary service and application for regular
service at an appropriate point closer to the owner's Parcel upon installation of a
Ordinance No. 697
Page 11
Main that the City determines is the Main from which the Parcel should receive
regular service;
3. Payment by the owner of the entire cost of relocation and any
applicable connection charges, including a pro rata share of the cost of
installation of such Main and any service area charge, the total of which shall not
be less than the City's then established connection fee and service area charge
to others for such regular service; and
4. Such other matters as the City may reasonably require.
C. Location and size. Upon receiving an application for any Service Connection,
the City will furnish or authorize installation of a Service Connection, the size and
location of which, are within the City's sole discretion. The Service Connection will be
installed from the Main to the curb line or property line of the Parcel that abuts on a
street, or other thoroughfare, or on a City right-of-way.
D. Separate Service Required. All separate Parcels requiring City water service
shall have separate service.
E. Multiple Units.
1. Number of Services to Separate Premises. Separate Premises will be
supplied through separate Service Connections except as otherwise authorized
by the City
2. Service to Multiple Units. Separate houses, buildings, living, or
business quarters on the same Parcel or adjoining Parcels, under single
ownership, or management and control, may be served at the option of the City
by either of the following methods:
a. Through separate service to each or any unit provided that
the pipeline system to each service is independent of the others, and it is
not interconnected.
b. Through a single service to the entire Premises. In the event
of the sale or separation of management and control of a portion of
property subsequent to application for water service, the portion sold or
separated will no longer be considered as Premises entitled to water from
this Service Connection.
F. Meters.
1. Water Service Required to be Metered. All City water service is
required to pass through a meter. It shall be unlawful for any person to use City
water in any manner in which the water does not pass through a meter, or in
Ordinance No. 697
Page 12
circumstances where the meter is not functioning properly due to tampering or
alteration
2. Change in Location of Meters or Service Connections. Meters or
Service Connections relocated for the convenience of the Customer will be
relocated at the Customer's expense. Meters or Service Connections relocated
to protect the City's property will be moved at City expense, except in the case of
temporary Service Connections.
3. Changes in Size of Meter.
a. Reductions. The City will approve a reduction in Meter Size only
when the Customer's water demand does not exceed the capacity of the
reduced size meter. A reduction in Meter Size is subject to all applicable
fee payments and credits in effect at the time of the reduction.
b. Increases. The City reserves the right and has the sole authority
to replace any undersized meter with a larger meter, when the Customer's
water demand exceeds the capacity of the existing meter, or based on a
change in the Customer's type of water use. The City's determination
regarding appropriate meter size shall be based on American Water
Works Association standards. Replacement of an undersized meter shall
be at the Customer's sole expense. Any increase in Meter Size shall be
subject to full payment of all applicable fees and charges, including City
capacity charges and San Diego County Water Authority connections
fees, if any. Credit shall be given for any capacity or connection fees and
charges previously paid.
13.11.110 New Facilities.
A. General Policy. Except for facilities constructed by the City with the proceeds
of bond funds or general funds, it is the policy of the City to require that new facilities be
constructed at the expense of property owners or developers requesting service.
B. Extensions of Mains. All water Main Extensions within the public right-of-way
shall be extended fully across the frontage of all Parcels to be served. Where the
boundary of the property or subdivision shall also be the boundary of the City, the
pipeline may be terminated approximately five feet inside the last Parcel.
C. Looping of Water Mains. Looping of water Mains to eliminate dead-end water
Mains may be required as a condition of development, when the City Engineer
determines that the looping is necessary for the purpose of improving water quality.
D. City Participation - Excess Sizing. Where the City requires construction of a
pipeline greater in size than that required for service to the development, either within
the development or off-site, the City shall participate in the cost thereof in the following
Ordinance No. 697
Page 13
manner: The entire cost of such line must be initially provided by the developer,
including the cost of survey, engineering, and right-of-way. The City will agree with the
developer to refund to the developer, without interest and within five (5) years from the
City Council's acceptance of such line, such amount as may be approved by the City
Council. If the City participates in the cost of the line, the applicable connection fees
shall be divided proportionately between the City and the installer.
E. Reimbursement Agreement. A property owner or developer constructing
water system improvements that benefit other properties may be eligible to enter into a
reimbursement agreement pursuant to PMC Chapter 13.24.
F. Construction Agreement. All facilities shall be constructed under agreements
containing such standard and special conditions, including the payment of City
expenses and charges, as approved by the City Council.
G. Other Fees and Charges. By constructing facilities, the developer shall not
be relieved of the obligation to pay all applicable connection, meter, and service
installation, expansion, or other fees or charges approved by the City Council.
13.11.120 Water Rates.
The water rate schedule is hereby established as follows for all water billed
beginning on the September/October 2009 bills:
A. Water Capacity. Every water Customer pays a bimonthly water service
charge regardless of Customer class. The fee is based upon meter size. Most
residential water Customers pay the 5/8-inch, 3/4-inch charge.
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Charge Effective Charge Effective
Meter Size Current Sept/Oct 2009 Bills Mar/April 2010 Bills
5/8" and 3/4" $22.38 $24.00 $26.00
1" $43.23 $46.36 $50.22
11/2 " $78.04 $83.69 $90.66
2" $119.75 $128.42 $139.12
3" $230.61 $247.30 $267.91
4" $348.23 $373.44 $404.56
6" $840.99 $901.87 $977.03
8" $1,119.45 $1,200.48 $1,300.52
B. Water Commodity. In addition to a water capacity fee, every Customer pays
for each unit of water registered through his or her meter (commodity). Each unit is
approximately 748 gallons.
Ordinance No. 697
Page 14
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Block l' 0" 15 Units $2.64 $3.04
Block 2: 16"40 Units $297 $342
Single Family Residential $2.61 per unit Block 3 41"80 Units $330 $3.80
Block 4.81"120 Units $3.96 $456
Block 5: 121 Units & up $462 $5.32
Multi-Family $2.61 per unit Per Unit $3.30 $3.80
Landscape Imgat!on $2.61 per unit Per Unit $3.30 $3.80
Non-residential $2.61 per unit Per Unit $3.30 $3.80
Includin Commerclal/lndustnal
C. Special Water Rates.
1. Raw Water. The basic raw water rate will be the raw water cost
from the County Water Authority, associated fixed charges, as well as a
surcharge as established by separate agreement.
2. Reclaimed Water. At this time, reclaimed water is only available in
the City's Business Park. The reclaimed water rate is 90 percent of the Block 3
water commodity rate then in effect.
D. Pumping Charges. Some water Customers are in areas that require water
pumping. Customers within one of these areas are required to pay a per-unit pumping
charge to offset actual electricity costs. This charge may be adjusted no more than
once bimonthly.
Ordinance No. 697
Page 15
E. Other Fees (Water and Sewer).
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:,1:, :..t,.'1:~" II,~ ,'l1'l11fl\ ~ '.1'1' j ,-,..,,,;,_,"l1:llI~::-it,.,,,sT:tL._".'I~."J.,~\i!"t!-, J!rriJh.,jll('I".',i,.I!f.t~il~ iij"' "'urr~n R.1>~ ;__ar ei\"",;,jlt!gj,
Shut-off notice (door hanger, for nonpayment) $31.00
Restoration of service (during normal working hours) $5200
Restoration of service (outside normal weekday working
hours and Saturdays) $68.00
Restoration of service (Sundays and holidays) $83.00
Delinquency (past due) 1 0% of unpaid
balance or $50.00,
whichever is less
Hydrant meter administration fee $93.00
Meter test $67.00
Returned check/payment $25.00
Agricultural rebate (qualified users) $0.3237
as set by
MWD/SDCWA
*Will increase four percent effective 01/01/10
F. Environmental Review. That the setting of such charges and rates is
categorically exempt from the requirements of CEQA, pursuant to Section 21080(b)(8)
of the Public Resources Code, and Title 14 of the California Code of Regulations,
Section 15273 and 15307.
G. Wholesale Rate Increases. Future unanticipated increases to wholesale
water rates or reclaimed water rates imposed upon the City from 2009 to 2014, as
authorized by Assembly Bill 3030 (Government Code section 53736) will be passed
through to water Customers.
13.11.130 Prohibited Acts.
A. It is unlawful for any person, firm, or corporation to:
1. Make any unauthorized connection with any City water Main or lateral
for the purpose of obtaining water without authorization from the City.
2. Tamper with a meter so that water may be obtained without passing
through the meter, or otherwise use City water in any manner in which the water
does not pass through a meter.
3. Tamper with, alter, interfere with, or damage any meter so that it does
not register correctly.
Ordinance No. 697
Page 16
4. Break any lock or seal that has been placed over a shutoff valve, or
restore water service without authorization from the City following discontinuance
of service.
5. Damage or deface any meter or other apparatus or property of the City
water system.
6. Place on, about, or around any water meter or hydrant any building
material, rubbish, vegetation, or other obstruction so as to prevent free access to
the same. For purposes of this section, free access to a water meter means the
maintenance of two (2) feet of clearance on all sides of the meter, and no
obstructions above the meter. For purposes of this section, free access to a
hydrant means the maintenance of three (3) feet of clearance on all sides of the
hydrant, and no obstructions above the hydrant.
7. Place any encroachment, including but not limited to any buildings,
walls, fences, improvements, wells, pools, sewage treatment systems or leach
fields, trees, shrubs, rubbish, vehicles, or other obstructions, on a City easement
used for purposes of the water system or the provision of water service, without
written City authorization.
8. Keep any dangerous dog or other animal at large in any enclosure
containing a meter box or shutoff valve.
9. Interfere in any manner with any employee of the City in the
performance of official duties.
10. Failor refuse to admit, during reasonable hours, any authorized
employee or agent of the City to any Premises supplied with City water for a
purpose related to the service of water to the Premises.
11. Supply water to a person whose water service has been discontinued
for nonpayment of bills, or for violation of any of the provisions of Chapter 13.11.
12. Open a hydrant or draw water from a hydrant or other water facility
owned by the City without City authorization.
13. Obtain water from the City's water system by theft or fraud.
14. Sale of City water to another person, except pursuant to a written
agreement with the City.
Ordinance No. 697
Page 17
B. Penalties.
1. Liability for Damage or Costs. Any damage to property of the City
resulting from a violation of any of the provisions of this Chapter 13.11 shall be
charged to the person responsible for such damage as a part of the regular water
bilL Any cost incurred by the City for removal of any obstructions or
encroachments upon City equipment or City easements shall be charged to the
person responsible for placement of the obstruction or encroachment.
2. Liability for Water Taken Without Payment. In the case of any water
taken without payment, it shall be presumed that a minimum of $1,000 worth of
water was used. The City Manager or the City Manager's designee, shall have
the discretion to increase or decrease the estimate of unauthorized use, based
on the available evidence
3. Discontinuance of Water Service. In the event of a violation of any of
the provisions of this Chapter 13.11, the City may discontinue the water service
to the Premises of the person, firm, or corporation responsible for the violation.
4. A violation of any of the provisions of this Chapter 13.11 shall
constitute a misdemeanor, as set forth in Chapter 1.08 PMC, and, in the
alternative, shall be subject to civil and administrative penalties, as set forth in
Chapters 1.08 and 1.10 PMC.
Section 3. This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and before the expiration of fifteen (15) days after its
passage, it shall be published once with the names of members voting for and against
the same in the Po way News Chieftain, a newspaper of general circulation published in
the City of Poway.
Introduced and first read at a Regular Meeting of the City Council of the City of
Poway held the 1st day of September 2009, and thereafter PASSED AND ADOPTED at
a regular meeting of said City Council held the 6th da October 2009.
ATTEST:
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Ordinance No. 697
Page 18
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify that the
foregoing Ordinance No. 697, was duly adopted by the City Council at a meeting of said
Ci,ty Council held on the 6th day of October 2009, and that it was so adopted by the
following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD
NOES: NONE
ABSENT: KRUSE, HIGGINSON
DISQUALIFIED: NONE
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a . Troyan, MMC
City Clerk
City of Poway