HomeMy WebLinkAboutOrdinances - No. 1917ORDINANCE NO. 1917
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING
LODI MUNICIPAL CODE TITLE 13'PUBLIC SERVICES'
BY REPEAL¡NG AND REENACTING CHAPTER 13.04 -
"SERVICE GENERALLY'AND CHAPTER 13.08 -.WATER SERVICE' IN THEIR ENTIRETY
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS
SECTION 1. Lodi Municipal Code Chapter 13.04 "Service Generally" is hereby repealed and
reenacted to read as follows:
CHAPTER 13,04. SERVICE GENERALLY
Sections
13.04.010
13.04.020
13.04.025
13.04.030
13.04.040
13.04.050
13.04.060
13.04.O70
13.04.080
13.04.090
13.04.100
13.04.1 10
13.04.120
13.04.130
13.04.140
Definitions
Application for Service or Discontinuance.
Deposits.
Bill Payment and Delinquency.
Connections Generally.
Connection Charges.
Apartments, Condominiums and Flats.
Restriction or I nterruption.
Connection or Reconnection by Plumbers.
Right of Access for lnspection.
Pipe and Facility Maintenance.
Service Only to Contracted Premises.
BillAdjustment.
Low lncome Adjustments.
Tampering with or Destruction of Utility Systems or Equipment.
13.04.010 Definitions.
For the purposes of this chapter, the following words and phrases when used in this chapter
shall have the meanings respectively ascribed to them by this section:
A. "Delinquent bills" means all accounts that have not been paid to the city within twenty-six
days after the issue date of the bill for the services provided for by this chapter.
B. "Director of Finance" means the person named from time to time by the City Manager to
be in charge of the financial records and accounts of the city.
C. "Electric connection" means all wires, insulators, conduits, fuse blocks, fuses, and
switches up to and including the meter used to connect the consumer's electric wiring to the
city's electrical distribution system.
D. "Refuse collection service" means that service described in Chapter 13.16 relating to
garbage.
E. "Sanitary sewer tap" means all connections, valves, pipes, and fittings used to connect
the customer's sewer system to the city sewer mains.
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F. "Service" means the supplying of water, electrical energy, the collection of solid waste
refuse, and the disposal of sewage.
G. "sewage disposal service" means that service provided for in Chapter 13.12 relating to
sewers.
H. 'Water tap" means the connection valves, pipes, and fittings used to connect the
customer's water system to the city water mains.
13.04.020 Application for service or discontinuance
All applications for service or discontinuance of service shall be made to, and on forms provided
by, the Director of Finance. The Director of Finance shall issue all orders for services, changes,
or discontinuances.
13.A4.025 Deposits.
1. Services. A deposit for the furnishing or continuance of service may be required by the
Director of Finance. Such deposit shall not exceed the estimated amount of charges for two
months'service.
2. No United States lssued ldentification. ln addition to a deposit for services, the Director
of Finance may require a deposit not to exceed the estimated amount of charges for two
months' services of a customer who is unable to provide a United States issued identification.
3. Length of Deposit.
Deposits for services shall remain on the account until twelve consecutive billing
periods have passed without late charges being assessed, unless the account is
discontinued prior to such event. Return of deposit amounts shall be in the form
of credit to the account, unless the account is discontinued, in which case the
deposit shall be applied to the final billing and any excess shall be returned to the
customer by check.
Deposits for no United States issued identification shall remain on the account
until the account is discontinued, or until valid United States issued identification
is provided. Return of deposit amounts shall be in the form of a credit to the
account, unless the account is discontinued, in which case the deposit shall be
applied to the final billing and any excess shall be returned to the customer by
check. A non-U.S. identification deposit will not be required where at least one
U.S. ldentification exists on the account.
13.04.030 Bill payment and delinquency
A. Payment. All bills for the services enumerated in this chapter are due and payable upon
receipt thereof, at the finance division, Lodi, California, and become delinquent twenty-six days
after the issue date of the bill.
B. Delinquency and Termination of Services. The Director of Finance shall send notice of
delinquent bills, and if all delinquent charges for services are not paid within ten days after
mailing this notice, then the Director of Finance may discontinue all service furnished to the
customer by the city. Within this ten-day notice period, the Director of Finance shall provide a
notice forty-eight hours prior to discontinuance of services. Termination of utility services shall
be in accordance with Government Code section 54346,
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a.
b.
1. ln no event will water service be terminated for non-payment soonerthan 120-days
after the issue date of the bill or the accrual of delinquent utility charges in excess of
$3,000, whichever occurs first. Forty-eight (48) hours prior to termination of water
service, the account holder shall receive personal notification of the city's intent to
terminate service; in the event the account holder cannot be located the property where
service is provided will be posted with a notice of termination.
C, Appeal. Prior to any discontinuance of service furnished to the customer by the city, the
customer may request the opportunity to be heard as to any adjustment or cancellation of any
bill. The hearing shall be held before the Director of Finance or designee. ln the event of a
discontinuance of service, as provided in this subsection, the Director of Finance may require as
a condition precedent to the resumption of service that the customer pay:
All amounts due and owing;
A disconnection/reconnection charge as determined by City Council Resolution,
for each occasion that the city has to disconnect and/or reconnect service
discontinued for nonpayment of utility services; and
A deposit in an amount not exceeding the estimated amount of charges for two
months'service,
The Director of Finance or designee may waive delinquent amounts and negotiate a repayment
schedule for up to three months (within any twelve-month period) when in the opinion of the
Director of Finance or designee the customer can demonstrate financial hardship. No more than
two repayment schedules may be allowed in any twelve-month period.
D. Closing Bills. Closing bills are due on the date on which service is discontinued.
E. Penalties. Delinquent bills shall be assessed penalties which will be set from time to time
by City Council Resolution. The penalties may be waived by the Director of Finance when the
customer can present evidence of financial hardship or convincing information that timely
payment could not have been reasonably expected.
13.04.040 Connectionsgenerally
No person except a duly authorized employee of the city shall make any water, electrical, or
sewer service connection to the city supply lines. Alternatively, an Encroachment Permit may be
issued for water and sewer connections to the city supply lines if the work is to be performed by
a state licensed contractor under contract wiih the property owner. Water and sewer tapping
includes bringing the supply lines to a point six inches inside the property line. Electrical
connection includes the service drop and necessary meter. On all new and reconstructed
buildings where water, sewer, and electrical conneciions are involved, the equipment and
equipment locations must be approved by the inspecting authority.
A service charge will be charged to the applicant when trouble calls involve customer caused
service interruptions. All costs of water tapping and sewer connections shall be borne by the
applicant and shall be charged at actual cost to the city. However, a flat rate may be established
by the provisions of Section 13.04.050 of ihis chapter,
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13.04.050 Connectioncharges
The Public Works Director may, with the approval of the Director of Finance, establish or
change rates charged for water and sewer connections based on the average cost to the city for
such connections made within the preceding six-month period.
13.04.060 Apartments and flats.
When more than one flat, apartment, building, or premises is supplied through one water tap,
each occupant may pay his own water and sewage bill if flat rates apply. However, if at any time
the water is used by an occupant and such fact is not reported to the city, the Director of
Finance may require that the owner or the owners' agent-in-charge pây all the water and
sewage charges applying to the flats, apartments, buildings, or premises being supplied through
one tap.
13.04.070 Restrictionorinterruption.
The city reserves the right to limit the amount of water supplied to any customer or to different
parts of the city should it appear necessary to do so, and shall not be liable for temporary
discontinuance of any service while making repairs or replacements.
13.04.080 Connection or reconnection by plumbers
No plumber shall leave water turned on at any newly erected building unless it is by consent of
the city, nor shall he connect or reconnect any service found shut off at the service stop.
13.04.090 Right of access for inspection
Authorized employees of the city shall have the right of access to any premises receiving any
service named in this chapter at reasonable hours for the purposes of inspection.
13.04.100 Pipe and facility maintenance
The owner or occupant of premises where city services are supplied shall keep all service
pipes, valves, connections or other facilities used in connection with such supply in good repair
at all times, and the city shall not be liable for damage sustained by reason of such owner or
occupant's neglect.
ß.A4i10 Service only to contracted premises.
No person shall supply service to any premises other than the one to which the service contract
applies.
13.A4120 Bill adjustment.
Application for the adjustment or cancellation of a bill any consumer believes to be inconsistent
with the provisions of this code or other ordinances of this city relating to water, electric, refuse
collection, and sewage services shall be made to the Director of Finance. Appeal from the
decision of the Director of Finance may be made to the City Manager whose decision may,
upon request, be subject to a final review by the City Council. Decisions of the City Council are
final.
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13.04.130 Low income adjustments.
The rates for residential refuse collection service, as they now exist or may hereafter be
modified under this chapter, shall be reduced as established by Resolution for those residential
accounts in the names of persons meeting the eligibility criteria for applicable electric service
discounts as provided in this title. Proof of eligibility will be required by the city to qualify for the
rate adjustments provided herein.
ß.A4l4A Tampering with or Destruction of Utility Systems or Equipment.
Damage or destruction to city utility equipment or systems, including water meters, water or
sewer lines, electric meters, or electric lines or connections, in addition to the diversion of water
to bypass a meter or energy theft diversion, are each punishable as a misdemeanor, in addition
to any administrative fee or penalty which may be imposed under this code.
SECT¡ON 2. Lodi Municipal Code Chapter 13.08 "Water Service" is hereby repealed and
reenacted to read as follows:
CHAPTER 13.08. WATER SERVICE
Sections:
Article l. Generally
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
13.08.055
13.08.060
13.08.070
13.08.080
13.08.090
Article ll. Main Extensions
Setting of Rates.
Rates Outside City.
Rates by Contract.
Commencement and End of Charges.
Metered Service.
Testing Water Meters.
Oversized Meter Development lmpact Fee.
Tampering with City froperty - Bypassing Meters.
Turning Off During Fires.
Billing Adjustments.
13.08
13.08
13.08
13.08
13.08
13.08
13.08
100
110
120
130
140
150
160
Policy.
Application - Determination of Necessity
Applicant's Obligation.
Mains to Extend Full Frontage.
Minímum Size.
Fire Hydrants.
Oversized Mains.
Testing of Approved Backflow Prevention Assemblies.
Maintenance and Repair of Approved Backflow Prevention Assemblies
Article lll. Water Conservation
13.08.170
13.08.180
13.08.220
13.08.230
13.08.240
13.08.250
Waste.
Defined.
Watering Days/Hours.
Enforcement Procedures.
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13.08.260
13.08.270
13.08.280
13.08.290
Strict Application.
Appeals.
Violation-l nfraction.
Emergency Water Conservation-Purpose.
Article l. - Generally
13.08.010 Setting of rates
The schedule of water rates will be those established and adopted by the City Council from time
to time by Resolution.
13.08.020 Rates outside city
The city will not normally serve water outside the city limits. ln those cases where it is
authorized by the City Council, the rate shall be one hundred fifty percent of the rate for service
inside the city limits.
13.08.030 Rates by contract.
ln cases not provided for by this chapter, the rate may be fixed by special contract, as agreed
upon by the Director of Finance and the Public Works Director on behalf of the city, and the
water user involved. lf such rates cannot be agreed upon, the city council shall fix and
determine proper rates, and such determination shall be final.
13.08.040 Commencement and end of charges
Water charges shall in all cases commence to accrue when water is turned on, at rates
proportioned for the period from that date until the following last day of the billing period, as may
be established by the city.
13.08.050 Meteredservice.
A. Meters will be required on all new residential, commercial, and industrial water
services covered by the following conditions:
All new property annexations to the city requesting city water service;
All existing parcels which have had no previous city water service and city
water service is requested;
When a parcel is split; water services to all parcels will be metered;
All parcels at which a single family dwelling(s) is being replaced by multiple
family units or a nonresidential use;
At all parcels where off-site improvements are required;
When any water customer requests water service upsizing or relocating.
Meters and appurtenânt facilities are the property of the city.
The city shall have the right of access to the customer's premises at all
reasonable hours for any purpose related to the furnishing of water service
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including, but not limited to, meter reading, testing, inspection construction,
maintenance and repair of meter. Service may be refused or disconnected if
permanent safe accessibility is not provided by the customer or property
owner. Upon termination of service the city shall have the right of access to
the service premises to shut off or remove the water meter and service.
Water meters shall only be installed on water services connected to the city
owned water main, unless othenruise approved by the City Council.
B. Metered water service shall be installed on all existing residential, commercial, and
industrial users when the Public Works Director determines the installation of metered water
service to be in the best interest of the city. The property owner is required to pay the meter
purchase charge based upon size as determined from time to time by City Council
Resolution. City facilities are exempt from meter purchase charges.
C. Meters on existing commercial and industrial water services not covered under
subsection A of this section shall be installed by the city at the city's expense. Meters and
installation costs on all new water services and those covered in subsection A of this section
shall be installed by the city, but shall be paid for by the property owner as determined by City
Council Resolution.
13.08.55 Testing Water Meters
A. Any metered customer may request in writing that the meter through which water is
being furnished be examined and tested by the Public Works Department to determine
whether the meter is registering accurately the amount of water that is being delivered
through it. Upon receipt of such request, the department shall examine and test the meter. lf
the meter is found to register over three percent more water than actually passes through it,
the customer's water bill will be adjusted accordingly. lf the meter is found to register a
variance of three perceni or less, no bill adjustment will be made. Meter testing will be
performed at customer's request, at no charge to the customer, not more than once every
twelve months, if the variance is over three percent. lf the variance is less than three percent,
the customer will be charged a meter test fee, in an amount determined by City Council
Resolution, on the customer's utility bill.
B. lf a customer requests more frequent meter testing, the customer's request shall be
accompanied by a deposit of an amount equal to the meter testing fee. Upon receipt of such
request, the department shall examine and test the meter. lf the meter is found to register
over three percent more water than actually passes through it, the customer's water bill will
be adjusted accordingly and the meter test fee shall be returned, without interest. lf the meter
is found to register a variance of three percent or less, no billing adjustment will be made and
the meter test fee will be retained by the city.
13.08.60 Oversized Meter Developrnent lmpact Fee.
A. For single family residential services that require automatic fire protection systems
pursuant to state law, Lodi Municipal Code Chapters 15.04 or 15.40, the increased
connection and meter size will not be assessed an additional fee associated with the fire
protection system requirement. Connection fees and monthly service fees shall be based on
the required service size as determined by the Uniform Plumbing Code without consideration
for any fire protection system requirement.
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B. For non-residential and multi-family water services that include or require automatic
fire protection systems pursuantto Lodi Municipal Code section 15.20.160 or Chapter 15,40,
the increased connection and meter size will not be assessed an additional fee associated
with the fire protection system requiiement. Connection fees and monthly service fees shall
be based on the required service size as determined by the Uniform Plumbing Code without
consideration for any fire protection system requirement.
13.08.70 Tampering with City Property - Bypassing Meters.
A. lt is unlawful for any person not authorized by the city to do so to tamper with any
gates, valves, service cocks, fire hydrants, meters or any of the city's property accessory or
appurtenant to ihe water distribution system, to break the seal on any water meter, or to
cause water to bypass any water meter.
B. lf city confirms an illegal tampering, bypass or diversion of water at or from city
facilities has occurred, the customer will be charged a tampering/bypass inspection fee in an
amount to be determined from time to time by City Council Resolution. ln addition to the
tampering/bypass fee, violation of this section is punishable as a misdemeanor.
13,08.080 Turning off during fires.
ln the case of fire or other emergency, when directed by the city all faucets, iaps or other means
of letting water run shall be turned off immediately by every owner or occupant and not opened
until the fire is extinguished or the emergency resolved.
13.08.090 Billingadjustments.
When it is found that any charges for water service, meters, connections, installations,
abandonments, tampering/bypass etc., have been incorrectly billed or that no billing has
occurred, the cíty has the right to make adjustments as determined by the Public Works
Director. Billings for undercharges or credits for overcharges shall be subject to the three-year
limitation period found in the California Code of Civil Procedure, section 338.
Article ll. Main Extensions
1 3.08.100 Policy.
The City Council is desirous of adopting a water main extension policy that is fair and equitable
to all developing properties and that provides that the cost of extensions shall be distributed
among subsequently developing properties connecting thereto.
13.08.110 Application-Determination of necessity.
A. Whenever a property owner is desirous of obtaining water service, an application shall
be made to the Public Works Director for water service.
B. The Public Works Director shall determine the closest adequate water main and, if an
extension is necessary, indicate the size of the main to be extended, and the limits of the
extension.
13.08.120 Applicant'sobligation.
Whenever the Public Works Director determines that a water main extension is necessary, the
applicant will be required to install at his own expense the water main extension in accordance
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with engineering plans furnished by applicant and approved by the Public Works Director. The
plans shall be prepared in accordance with the current city design standards and this article.
13.08.130 Mains to extend fullfrontage.
ln every case where a water main is to be tapped to serve a parcel, the same shall be extended
the full frontage of the parcel, including any crossings required in the city master water plan.
13.08.140 Minimum size
The minimum size water main shall have a nominal inside diameter of six inches except as
approved by the Public Works Director in accordance with the city public improvement design
standards. ln areas zoned or master planned for commercial and industrial uses, the minimum
size shall be eight inches in diameter. Larger size mains may be required as determined by the
Public Works Director from the city master water plan.
13.08.150 Fire hydrants
The installation of fire hydrants or provisions for fire hydrants shall be included in any main
extension and the cost of such hydrants shall be paid for by the applicant. Fire hydrant location
and type shall be as approved by the Fire Chief.
13.08.160 Oversized mains.
Whenever the city requires that a water main larger than eight inches in diameter be installed in
order to serve additional property or to conform to the water master plan, the applicant may
apply for reimbursement from the benefiting properties that are served by the oversized pipe. A
reimbursement application for the difference in cost between the actual water main to be
construcied and an eight-inch diameter water main may be obtained through the city. The
reimbursement shall be made in accordance with section 17.62.A5A of this code.
13.08.170 Testing of approved backflow prevention assemblies
A. The customer is responsible for the cost of and scheduling arrangements for an annual
testing and inspection of the approved backflow prevention assembly by the following method:
Testing by certified tester. Customers shall use a certified tester to inspect and
test an approved backflow prevention assembly at least once per year. The
results of the test shall be reported to the City within thirty (30) days of the
completion of the test. Annual test results shall be due no later than
September 30th of each calendar year.
B. Should a customer fail to comply with the annual testing procedure by September 30th,
the City may arrange for testing of the assembly by a licensed contractor and the customer will
be billed for ihe cost of such testing plus a fifteen (15%) percent administrative fee with his
regular monthly water bill, which shall be due and payable in fullwithin th¡rty (30) days of receipt
of bill.
C. Assemblies which fail to pass inspection and testing by private certified testers shall be
repaired and maintained in accordance with section 13.08.180 of this article. The customer shall
bear the cost of repairs and additional testing if his device fails a test. The City reserves the right
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to require more frequent testing or to perform additional testing þy City personnel when, in the
opinion of the Ðirector, it is necessary for the protection of public health and safety.
13.08.180 Maintenance and repair of approved backflow prevention assemblies
A. The customer shall be responsible for the maintenance and repair of the approved
backflow prevention assembly. The customer shall at all times maintain the assembly in proper
working order as a condition of continued water service. lf an approved backflow prevention
assembly should fail to pass inspection and testing pursuant to section 13.08.170 of this article,
the customer shall within thirty (30) days after written notification of results provide for the repair
of the assembly by the following method:
Repair by private personnel. Backflow prevention assemblies shall be repaired
by private personnel. Repairs and satisfactory re-testing of the assemblies by a
certified tester shall be documented and submitted on an approved form to the
City. Failure by the customer to repair an approved backflow prevention
assembly within thirty (30) days of being notified by the City in writing shall result
in the termination of water service.
B. Water service will be restored upon presentation of the approved form showing that
the necessary repairs and successful re-testing have been done.
Article lll. - Water Conservation
13.08.220 Waste
The waste of water is prohibited and any waste shall make the person subject to the provisions
of this article.
13.08.230 Defined
"Waste of water" includes but is not limited to any of the following acts or omissions, whether
willful or negligent:
A. Failure to repair or correct a controllable leak or discharge of water, excessive
overspray, and/or low head fixture leakage that results in the flow of water to an impervious
surface;
B. The watering of lawns, flower beds, landscaping, ornamental plants or gardens on days
or at times other than those allowed in-Section 13.08.240 of this article;
C. Washing of sidewalks, driveways, parking areas, tennis courts, patios, streets or other
exterior paved areas or buildings except when required to remove any spillage of substances
that may be a danger to public health or safety;
D. Washing with water any motor vehicles, trailers or movable equipment other than with a
bucket and rinsing the vehicle or equipment by use of a hose for not more than three minutes;
Use of a hose without a positive shut off nozzle.
The excess watering of any area so that water flows into a gutter or any drainage area;
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G, The unnecessary running of water in any residential, commercial or industrial
establishment onto the floor, pavement, ground or into any drain or drainage area, with any
equipment or in any way;
H. Watering of lawns or landscapes during or within 48 hours following a measurable rain.
l. Operation of a water fountaín or other decorative water feature that does not use
recirculated water.
13.08.240 Wateringdays/hours.
A. Days. The watering of lawns, flower beds, landscaping, ornamental plants or gardens
throughout the year shall be allowed as follows:
1. Premises having odd numbered sireet addresses on Wednesday, Friday and
SundaY;
2. Premises having even numbered street addresses on Tuesday, Thursday, and
Saturday.
3. No watering will be allowed on Mondays.
B. Hours. Watering of lawns, flower beds, landscaping, ornamental plants or gardens shall
not be allowed at any hour between the hours of ten a.m. and six p.m.
C. City owned Parks, due to their size and use patterns, are exempt only from the
provisions of Section 13.08.240(A) and 13.08.240(8) of this code.
D. Upon city declaration of a local water shortage or a State of Emergency declared by the
Governor concerning California's water supplies, the Public Works Director or designee may
impose revised and/or additional water conservation measures on residential, commercial, and
industrial water users. No person shall use, or cause to be used, city water in violation of such
limitations. Violations of revised and/or additional conservation measures imposed under this
section are punishable as a misdemeanor.
13.08.250 Enforcementprocedures.
A. Whenever the city becomes aware of a waste of water, the city shall notify the person at
the premises where the waste of water occurred by delivering an information sheet. The
information sheet shall describe the waste of water in order that it be corrected, cured or abated
immediately or within 72 hours. ln addition, the information sheet may be given to any other
person known to the city who is responsible for that waste of water or the correction thereof and
may be delivered to the premises every time a waste of water occur$. Additionally, a written
notice stating the date(s), time(s) and type(s) of water waste shall be delivered to the person
who regularly receives the utility bill for the premises where the wasting occurred.
B. ln the event of a second waste of water within a consecutive twelve month period, the
city will send a written notice assessing a surcharge in an amount determined from time to time
by City Council Resolution, and the surcharge shall be added to the next monthly utility bill for
the property on which the waste of water occurred.
C. ln the event of a third waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a surcharge in an amount determined from time
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to time by City Council Resolution and the surcharge shall be added to the next monthly utility
bill for the property on which the waste of water occurred'.
D. ln the event of a fourth waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a surcharge in an amount determined from time
to time by City Council Resolution, and the surcharge shall be added to the next monthly utility
bill for the property on which the waste of water occurred'
E. ln the event of a fifth waste of water within twelve months of any previous waste of
water, a written notice will be mailed assessing a surcharge in an amount determined from time
to time by City Council Resolution, and the surcharge shall be added to the next monthly utility
bill for thé property on which the waste of water occurred. lf the property is not already metered,
the city may also require the owner or user to pay for the cost of installation of a water meter
service as a prerequisite to continuing water service. The city may also install a flow restriction
device on the water service and require the owner or user io pay for the costs of installation
and/or removal.
F. ln the event of any subsequent waste of water within twelve months of any previous
waste of water, the city may disconnect a customer's water service for willful violations of
restrictions in this chapter, in addition to assessing a surcharge in an amount io be determined
from time to time by City Council Resolution. The property owner or user will be required to pay
all outstanding utility charges, fees, penalties and surcharges, in addition to a reconnection
charge in an àmount to be determined from time to time by City Council Resolution, prior to
reconnection of water services.
13.08.260 Strictapplication.
lf the Public Works Director or designee determines the strict application of any of the provisions
of this article may cause undue hardship or public health and safety risk, or if other special
circumstances exist, the strict application of this article may be waived. Requests for relief
under this article must be received by the city at least 24 hours prior to special circumstances.
Special circumstances would include, but not be limited to: newly planted areas, newly seeded
aieas, washing down after cement work and pressure washing a building before painting, The
decision of the Public Works Director may be appealed to the City Council as described in
Section 13.08.270 of this article.
13.08.279 Appeals.
lf the ruling made by the Public Works Director or designee is unsatisfactory to the person
requesting consideration, the person may, file an appeal directed to the City Manager or
designee, whose decision may, upon request be subject to final review by the City Council. The
Public Works Director or designee's decision, action or determination shall remain in effect
during such period of reconsideration except that any surcharges assessed under this article will
be stãyed until the City Council has made its decision. Decisions of the City Council are final.
13.08.280 Violation-lnfraction.
ln addition to the administrative enforcement procedures and surcharges set forth in this article,
each violation of this article may be punishable as an infraction.
13.08.290 Emergencywaterconservation-Purpose.
The purpose of emergency water .conservation is to assist meeting water pressure and/or
supply demands when the water system cannot or may not be adequate and the failure to meet
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such demands may result in harm to the water system and/or jeopardize the health and safety
of the public. ln addition, emergency water conservation serves to protect water supplies during
drought conditions. The Public Works Director or designee shall determine the degree of
emergency and determine what additional restrictions of water use or other appropriate actions
must be taken to protect the water system, supply demands, and the citizens of Lodi.
SECTION 3. No Mandatorv Dutv of Care. This ordinance is not intended to and shall not be
construed or given effect in a manner which imposes upon the City, or any officer or employee
thereof, a mandatory duty of care towards persons or property within the City or outside of the
City so as to provide a basis of civil liability for damages, except as othenryise imposed by law.
SECTION 4. Severabilitv. lf any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application. To this end, the provisions of this ordinance are severable. The City Council
hereby declares that it would have adopted this ordinance irrespective of the invalidity of any
particular portion thereof.
SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar
as such conflict may exist.
SECTION 6. Effe Date and Pubfication.This Ordinance shall take effect thirty (30) days
after its adoption. ln lieu of publication of the full text of the ordinance wíthin fifteen (15) days
after its passage, a summary of the ordinance may be published at least five (5) days prior to
and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in
the office of the City Clerk pursuant to Government Code section 36933(cX1).
Approved s 18th day of November, 2015
BOB HNSON
ATTEST:MA
-ü"Y\,
NIFER
Clerk
FERRAIOLO
State of California
County of San Joaquin, ss
13
l, Jennifer M. Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1917
was introduced at a regular meeting of the City Council of the City of Lodi held
November 4,2015, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held November 18, 2015, by the following vote:
AYES: COUNCIL MEMBERS - Chandler, Kuehne, Nakanishi, and Mayor Johnson
NOES: COUNCIL MEMBERS - Mounce
ABSENT: COUNCIL MEMBERS - NONE
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1917 was approved and signed by the Mayor on the date of
its passage and the same has been published pursuant to law.
^fv\,lpr^n*$
IFER FERRAIOLO
Clerk
as to Form:
D. MAGDICH
City Attorney
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