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Home My WebLink AboutAgenda Report - November 18, 2015 J-01TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM J-01 Ordinance No. 1917 Entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 — Public Services — by Repealing and Re -Enacting Chapter 13.04, 'Service Generally,' and Chapter 13.08, 'Water Service,' in Their Entirety" November 18, 2015 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1917. BACKGROUND INFORMATION: Ordinance No. 1917 entitled, "An Ordinance of the Lodi City Council Amending Lodi Municipal Code Title 13 — Public Services — by Repealing and Re -Enacting Chapter 13.04, `Service Generally,' and Chapter 13.08, 'Water Service,' in Their Entirety" was introduced at the regular City Council meeting of November 4, 2015. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/PMF Attachment J nifer M.r erraiolo City Clerk APPROVED: N:\Administration\CLERK\Council\COUNCOM\Ordinance) .DOC City Manager ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 "PUBLIC SERVICES" BY REPEALING AND REENACTING CHAPTER 13.04 — "SERVICE GENERALLY" AND CHAPTER 13.08 — "WATER SERVICE" IN THEIR ENTIRETY 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 Lodi Municipal Code Chapter 13.04 "Service Generally" is hereby repealed and reenacted to read as follows: CHAPTER 13.04 - SERVICE GENERALLY Sections: 13.04.010 Definitions 13.04.020 Application for Service or Discontinuance. 13.04.025 Deposits. 13.04.030 Bill Payment and Delinquency. 13.04.040 Connections Generally. 13.04.050 Connection Charges. 13.04.060 Apartments, Condominiums and Flats. 13.04.070 Restriction or Interruption. 13.04.080 Connection or Reconnection by Plumbers. 13.04.090 Right of Access for Inspection. 13.04.100 Pipe and Facility Maintenance. 13.04.110 Service Only to Contracted Premises. 13.04.120 Bill Adjustment. 13.04.130 Low Income Adjustments. 13.04.140 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. 1 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. 13.04.025 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 Issued Identification. In 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. a. 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. b. 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. Identification 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. 2 1. In no event will water service be terminated for non-payment sooner than 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. In 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: 1 All amounts due and owing; 2. 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 3. 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 Connections generally. 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 with 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 connections 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 this chapter. 3 13.04.050 Connection charges. 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 pay all the water and sewage charges applying to the flats, apartments, buildings, or premises being supplied through one tap. 13.04.070 Restriction or interruption. 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. 13.04.110 Service only to contracted premises. No person shall supply service to any premises other than the one to which the service contract applies. 13.04.120 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. 4 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. 13.04.140 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. SECTION 2. Lodi Municipal Code Chapter 13.08 "Water Service" is hereby repealed and reenacted to read as follows: Sections: Article I. 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 CHAPTER 13.08 - WATER SERVICE Setting of Rates. Rates Outside City. Rates by Contract. Commencement and End of Charges. Metered Service. Testing Water Meters. Oversized Meter Development Impact Fee. Tampering with City Property - Bypassing Meters. Turning Off During Fires. Billing Adjustments. Article II. Main Extensions 13.08.100 Policy. 13.08.110 Application — Determination of Necessity. 13.08.120 Applicant's Obligation. 13.08.130 Mains to Extend Full Frontage. 13.08.140 Minimum Size. 13.08.150 Fire Hydrants. 13.08.160 Oversized Mains. 13.08.170 Testing of Approved Backflow Prevention Assemblies. 13.08.180 Maintenance and Repair of Approved Backflow Prevention Assemblies. Article III. Water Conservation 13.08.220 Waste. 13.08.230 Defined. 13.08.240 Watering Days/Hours. 13.08.250 Enforcement Procedures. 5 13.08.260 Strict Application. 13.08.270 Appeals. 13.08.280 Violation—Infraction. 13.08.290 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. In 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. In 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. If 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 Metered service. A. Meters will be required on all new residential, commercial, and industrial water services covered by the following conditions: 1. All new property annexations to the city requesting city water service; 2. All existing parcels which have had no previous city water service and city water service is requested; 3. When a parcel is split, water services to all parcels will be metered; 4. All parcels at which a single family dwelling(s) is being replaced by multiple family units or a nonresidential use; 5. At all parcels where off-site improvements are required; 6. When any water customer requests water service upsizing or relocating. 7. Meters and appurtenant facilities are the property of the city. 8. 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 6 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 otherwise 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. If 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. If the meter is found to register a variance of three percent 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. If 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. If 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. If 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. If the meter is found to register a variance of three percent or Tess, no billing adjustment will be made and the meter test fee will be retained by the city. 13.08.60 Oversized Meter Development Impact 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. 7 B. For non-residential and multi -family water services that include or require automatic fire protection systems pursuant to 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 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. 13.08.70 Tampering with City Property – Bypassing Meters. A. It 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 the water distribution system, to break the seal on any water meter, or to cause water to bypass any water meter. B. If 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. In addition to the tampering/bypass fee, violation of this section is punishable as a misdemeanor. 13.08.080 Turning off during fires. In the case of fire or other emergency, when directed by the city all faucets, taps 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 Billing adjustments. 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 city 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 II. Main Extensions 13.08.100 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's obligation. 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 8 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 full frontage. In 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. In 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 constructed and an eight -inch diameter water main may be obtained through the city. The reimbursement shall be made in accordance with section 17.62.050 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: 1. 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 the cost of such testing plus a fifteen (15%) percent administrative fee with his regular monthly water bill, which shall be due and payable in full within thirty (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 9 to require more frequent testing or to perform additional testing by City personnel when, in the opinion of the Director, 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. If 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: 1. 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 III. - 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; E. Use of a hose without a positive shut off nozzle; F. The excess watering of any area so that water flows into a gutter or any drainage area; 10 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. Operation of a water fountain or other decorative water feature that does not use recirculated water. 13.08.240 Watering days/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 street addresses on Wednesday, Friday and Sunday; 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(B) 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 Enforcement procedures. 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. In 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 occurs. 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. In 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. In 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 11 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. In 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. In 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 the property on which the waste of water occurred. If 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 to pay for the costs of installation and/or removal. F. In 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 to 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 amount to be determined from time to time by City Council Resolution, prior to reconnection of water services. 13.08.260 Strict application. If 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 areas, 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. 13.08.270 Appeals. If 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 stayed until the City Council has made its decision. Decisions of the City Council are final. 13.08.280 Violation—Infraction. In 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 Emergency water conservation—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 12 such demands may result in harm to the water system and/or jeopardize the health and safety of the public. In 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 Mandatory Duty 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 otherwise imposed by law. SECTION 4. Severability. If 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. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within 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(c)(1). ATTEST: —ars. Ts2Ait-orAhkr Jul NIFER T`. FERRAIOLO City Clerk State of California County of San Joaquin, ss. Approved this 18th day of November, 2015 BOB JOHNSON MAYDR 13 I, 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. Approved as to Form: JANICE D. MAGDICH City Attorney 14 NIFER n FERRAIOLO y Clerk J -i Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Tuesday, November 17, 2015 12:01 PM To: 'Mike Lusk' Cc: City Council; Steve Schwabauer; Janice Magdich; Jordan Ayers; Wally Sandelin Subject: RE: Item J-1 Nov. 18, 2015 Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Public Works Department for information, response, and/or handling. In addition, your correspondence will be made a part of the City Council meeting record as a "Blue Sheet" item. Jennifer M. Ferraiolo, CMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX From: Mike Lusk [mailto:mdusk©softcom.net] Sent: Tuesday, November 17, 2015 11:53 AM To: City Council; JoAnne Mounce - External; Steve Schwabauer Subject: Item 3-1 Nov. 18, 2015 Lodi City Coucil City Manager Nov. 17, 2015 I would like the following item as previously discussed added to the agenda Item J-1 Ordinance on the Nov. 18, 2015 regular meeting. Respectfully Mike Lusk, Lodi Lodi City Council Oct. 23, 2015 City Manager RE: Proposed changes to Public Works Policies item B-1 on Shirtsleeve meeting of Oct. 27, 2015. I would like to see an addition to the proposed changes in the Lodi Municipal Code on the Shirtsleeve meeting of Oct. 27, 2015 item B-1. The additional wording requested would read something like this: 1 All revenues, rents, charges, penalties and fees administered by the City of Lodi directly for each Utility,( LEU, Wastewater, and Water) or on their behave through Public Works or any other department for installations or services provided, be directly applied to each Utility respectively and not be transferred to the General Fund. It would be understood that any services performed by any department other than the specific utility would be back charged in the normal process for in lieu of services rendered for each utility. Respectfully Mike Lusk, Lodi 2 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1916 and 1917 PUBLISH DATE: SATURDAY, NOVEMBER 7, 2015 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: ORDERED BY: JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 THURSDAY, NOVEMBER 5, 2015 JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper - Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!! Emailed to the Sentinel at dianer@lodinews.com at 7'55 (time) on (date) (pages) LNS Phoned to confirm receipt of all pages at (time) P F ES (initials) N:\Administration\CLERK\OrdSummaries\Advins. doc CITY OF LODI ORDINANCE NO. 1916 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 17, ARTICLE 6 — DEVELOPMENT CODE ADMINISTRATION — BY ADDING CHAPTER 17.67, "REASONABLE ACCOMMODATION." The purpose of this ordinance is to include a procedure in the Zoning Code to allow a reasonable accommodation request for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act in the application of Zoning laws and other land use regulations. Introduced October 21, 2015. Adopted November 4, 2015, and effective December 4, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY. The purpose of this ordinance is to update code sections to reflect current practice related to implementation of the Water Meter Program and to clean up language as appropriate. Introduced November 4, 2015. Adoption to be considered November 18, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: Mayor Johnson; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 4, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY On Thursday, November 5, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1917 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 5, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ords ummari es\aaDecPost. d oc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 "PUBLIC SERVICES" BY REPEALING AND REENACTING CHAPTER 13.04 — "SE RVFEEGENERAL--LY" AND -CHAPTER -1-&08 "WATER SERVICE" IN THEIR ENTIRETY EXfiiBiT A 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 Definitions 13.04.020 Application for Service or Discontinuance. 13.04.025 Deposits. 13.04.030 Bill Payment and Delinquency. 13.04.040 Connections Generally. 13.04.050 Connection Charges. 13.04.060 Apartments, Condominiums and Flats. 13.04.070 Restriction or Interruption. 13.04.080 Connection or Reconnection by Plumbers. 13.04.090 Right of Access for Inspection. 13.04.100 Pipe and Facility Maintenance. 13.04.110 Service Only to Contracted Premises. 13.04.120 Bill Adjustment. 13.04.130 Low Income Adjustments. 13.04.140 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. 1 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. 13.04.025 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 Issued Identification. In 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. a. 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. b. 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. Identification 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. 2 1. In no event will water service be terminated for non-payment sooner than 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. In 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: 1. All amounts due and owing; 2 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 3. 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 Connections generally. 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 with 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 connections 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 this chapter. 3 13.04.050 Connection charges. 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 pay all the water and sewage charges applying to the flats, apartments, buildings, or premises being supplied through one tap. 13.04.070 Restriction or interruption. 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. 13.04.110 Service only to contracted premises. No person shall supply service to any premises other than the one to which the service contract applies. 13.04.120 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. 4 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-eligibilit will-be-required-by--the-city to -qualify -for -the - rate adjustments provided herein. 13.04.140 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. SECTION 2. Lodi Municipal Code Chapter 13.08 "Water Service" is hereby repealed and reenacted to read as follows: Sections: Article I. 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 CHAPTER 13.08 - WATER SERVICE Setting of Rates. Rates Outside City. Rates by Contract. Commencement and End of Charges. Metered Service. Testing Water Meters. Oversized Meter Development Impact Fee. Tampering with City Property - Bypassing Meters. Turning Off During Fires. Billing Adjustments. Article II. Main Extensions 13.08.100 Policy. 13.08.110 Application — Determination of Necessity. 13.08.120 Applicant's Obligation. 13.08.130 Mains to Extend Full Frontage. 13.08.140 Minimum Size. 13.08.150 Fire Hydrants. 13.08.160 Oversized Mains. 13.08.170 Testing of Approved Backflow Prevention Assemblies. 13.08.180 Maintenance and Repair of Approved Backflow Prevention Assemblies. Article III. Water Conservation 13.08.220 Waste. 13.08.230 Defined. 13.08.240 Watering Days/Hours. 13.08.250 Enforcement Procedures. 5 13.08.260 Strict Application. 13.08.270 Appeals. 13.08.280 Violation—Infraction. 13.08.290 Emergency Water Conservation—Purpose. Article I. – 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. In 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. In 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. If 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 Metered service. A. Meters will be required on all new residential, commercial, and industrial water services covered by the following conditions: 1 All new property annexations to the city requesting city water service; 2. All existing parcels which have had no previous city water service and city water service is requested; 3. When a parcel is split, water services to all parcels will be metered; 4. All parcels at which a single family dwelling(s) is being replaced by multiple family units or a nonresidential use; 5. At all parcels where off-site improvements are required; 6. When any water customer requests water service upsizing or relocating. 7. Meters and appurtenant facilities are the property of the city. 8. 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 6 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. 9. Water meters shall only be installed on water services connected to the city owned water main, unless otherwise 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. If 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. If the meter is found to register a variance of three percent or Tess, 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. If 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. If 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. If 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. If 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 Development Impact 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. 7 B. For non-residential and multi -family water services that include or require automatic fire protection systems pursuant to 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 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: 13.08.70 Tampering with City Property – Bypassing Meters. A. It 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 the water distribution system, to break the seal on any water meter, or to cause water to bypass any water meter. B. If 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. In addition to the tampering/bypass fee, violation of this section is punishable as a misdemeanor. 13.08.080 Turning off during fires. In the case of fire or other emergency, when directed by the city all faucets, taps 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 Billing adjustments. 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 city 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 II. Main Extensions 13.08.100 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's obligation. 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 8 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 full frontage. In--every-case-where a -water -main -is -to be tapped-to-serve-a-p-arcel, 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. In 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 constructed and an eight -inch diameter water main may be obtained through the city. The reimbursement shall be made in accordance with section 17.62.050 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: 1. 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 the cost of such testing plus a fifteen (15%) percent administrative fee with his regular monthly water bill, which shall be due and payable in full within thirty (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 9 to require more frequent testing or to perform additional testing by City personnel when, in the opinion of the Director, 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. If 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 III. - 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, 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; E. Use of a hose without a positive shut off nozzle; F. The excess watering of any area so that water flows into a gutter or any drainage area; 10 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. !. Operation of a water fountain or other decorative water feature that does not use recirculated water. 13.08.240 Watering days/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 street addresses on Wednesday, Friday and Sunday; 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(B) 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 Enforcement procedures. 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. In 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 occurs. 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. In 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. In 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 11 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. In 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. In 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 the property on which the waste of water occurred. If 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 to pay for the costs of installation and/or removal. F. In 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 to 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 amount to be determined from time to time by City Council Resolution, prior to reconnection of water services. 13.08.260 Strict application, If 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 areas, 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. 13.08.270 Appeals. If 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 stayed until the City Council has made its decision. Decisions of the City Council are final. 13.08.280 Violation—Infraction. In 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 Emergency water conservation—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 12 such demands may result in harm to the water system and/or jeopardize the health and safety of the public. In 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 Mandatory Duty 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 otherwise imposed by law. SECTION 4. Severability. If 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. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within 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(c)(1). Approved this day of , 2015 BOB JOHNSON ATTEST: MAYOR JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. 13 I, 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 , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — 1 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. Approved as to Form: JANICE D. MAGDICH City Attorney 14 JENNIFER M. FERRAIOLO City Clerk Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NOS. 1917 and 1918 PUBLISH DATE: SATURDAY, NOVEMBER 21, 2015 LEGAL AD TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 JENNIFER M. FERRAIOLO, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, NOVEMBER 19, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THANK YOU!: Emailed to the Sentinel at dianer@lodinews.com at 1°,910 (time) on 11/1471.5 (date) (pages) LNS Phoned to confirm receipt of all pages at (time) .PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY. The purpose of this ordinance is to update code sections to reflect current practice related to implementation of the Water Meter Program and to clean up language as appropriate. Introduced November 4, 2015. Adopted November 18, 2015, and effective December 18, 2015. AYES: Chandler, Kuehne, Nakanishi and Mayor Johnson; NOES: Mounce; ABSENT: None. ORDINANCE NO. 1918 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING A SPECIAL TAX IN ZONE 1 OF THE CITY OF LODI COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) AS PROVIDED IN RESOLUTION NO. 2015-89. The purpose of this ordinance is to reduce the special taxes and annual index for Community Facilities District No. 2007-1. Introduced November 18, 2015. Adoption to be considered December 2, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi November 18, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND RE-ENACTING CHAPTER 13.04, "SERVICE GENERALLY," AND CHAPTER 13.08, "WATER SERVICE," IN THEIR ENTIRETY On Thursday, November 19, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1917 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 19, 2015, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Pamela M. Farris Elena Stoddard Deputy City Clerk Administrative Clerk ordsummaries\aaDecPost. doc ORDINANCE NO. 1917 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 "PUBLIC SERVICES" BY REPEALING AND REENACTING CHAPTER 13.04 — "SERVICE-GENERALLYND-CHAP-T-E-R-13,08 "WATER SERVICE" IN THEIR ENTIRETY jIt A 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 Definitions 13.04.020 Application for Service or Discontinuance. 13.04.025 Deposits. 13.04.030 Bill Payment and Delinquency. 13.04.040 Connections Generally. 13.04.050 Connection Charges. 13.04.060 Apartments, Condominiums and Flats. 13.04.070 Restriction or Interruption. 13.04.080 Connection or Reconnection by Plumbers. 13.04.090 Right of Access for Inspection. 13.04.100 Pipe and Facility Maintenance. 13.04.110 Service Only to Contracted Premises. 13.04.120 Bill Adjustment. 13.04.130 Low Income Adjustments. 13.04.140 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. 1 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. 13.04.025 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 Issued Identification. In 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. a. 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. Identification 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. 2 1. In no event will water service be terminated for non-payment sooner than 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-rrotFFce of-termiination. 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. In 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: 1. All amounts due and owing; 2. 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 3. 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 Connections generally. 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 with 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 connections 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 this chapter. 3 13.04.050 Connection charges. 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 pay all the water and sewage charges applying to the flats, apartments, buildings, or premises being supplied through one tap. 13.04.070 Restriction or interruption. 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. 13.04.110 Service only to contracted premises. No person shall supply service to any premises other than the one to which the service contract applies. 13.04.120 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. 4 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 -tine. Proof of -el rgibiFity wii0 be -required by the city to -qualify for the rate adjustments provided herein. 13.04.140 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. SECTION 2. Lodi Municipal Code Chapter 13.08 "Water Service" is hereby repealed and reenacted to read as follows: Sections: Article I. 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 CHAPTER 13.08 - WATER SERVICE Setting of Rates. Rates Outside City. Rates by Contract. Commencement and End of Charges. Metered Service. Testing Water Meters. Oversized Meter Development Impact Fee. Tampering with City Property - Bypassing Meters. Turning Off During Fires. Billing Adjustments. Article II. Main Extensions 13.08.100 Policy. 13.08.110 Application — Determination of Necessity. 13.08.120 Applicant's Obligation. 13.08.130 Mains to Extend Full Frontage. 13.08.140 Minimum Size. 13.08.150 Fire Hydrants. 13.08.160 Oversized Mains. 13.08.170 Testing of Approved Backflow Prevention Assemblies. 13.08.180 Maintenance and Repair of Approved Backflow Prevention Assemblies. Article III. Water Conservation 13.08.220 Waste. 13.08.230 Defined. 13.08.240 Watering Days/Hours. 13.08.250 Enforcement Procedures. 5 13.08.260 Strict Application. 13.08.270 Appeals. 13.08.280 Violation—Infraction. 13.08.290 Emergency Water Conservation—Purpose. Article I. – 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. In 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. In 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. If 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 Metered service. A. Meters will be required on all new residential, commercial, and industrial water services covered by the following conditions: 1. All new property annexations to the city requesting city water service; 2. All existing parcels which have had no previous city water service and city water service is requested; 3. When a parcel is split, water services to all parcels will be metered; 4. All parcels at which a single family dwelling(s) is being replaced by multiple family units or a nonresidential use; 5. At all parcels where off-site improvements are required; 6. When any water customer requests water service upsizing or relocating. 7. Meters and appurtenant facilities are the property of the city. 8. 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 6 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. 9. Water meters shall only be installed on water services connected to the city owned water main, unless otherwise 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. If 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. If the meter is found to register a variance of three percent 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. If 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. If 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. If 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. If 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 Development Impact 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. 7 B. For non-residential and multi -family water services that include or require automatic fire protection systems pursuant to 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 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. 13.08.70 Tampering with City Property – Bypassing Meters. A. It 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 the water distribution system, to break the seal on any water meter, or to cause water to bypass any water meter. B. If 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. In addition to the tampering/bypass fee, violation of this section is punishable as a misdemeanor. 13.08.080 Turning off during fires. In the case of fire or other emergency, when directed by the city all faucets, taps 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 Billing adjustments. 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 city 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 II. Main Extensions 13.08.100 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's obligation. 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 8 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 full frontage. In 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. In 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 constructed and an eight -inch diameter water main may be obtained through the city. The reimbursement shall be made in accordance with section 17.62.050 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: 1. 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 the cost of such testing plus a fifteen (15%) percent administrative fee with his regular monthly water bill, which shall be due and payable in full within thirty (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 9 to require more frequent testing or to perform additional testing by City personnel when, in the opinion of the Director, 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. If 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 III. - 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; E. Use of a hose without a positive shut off nozzle; F. The excess watering of any area so that water flows into a gutter or any drainage area; 10 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. Operation of a water fountain or other decorative water feature that does not use recirculated water. 13.08.240 Watering days/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 street 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(B) 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 Enforcement procedures. 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. In 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 occurs. 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. In 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. In 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 11 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. In 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. In 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 the property on which the waste of water occurred. If 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 to pay for the costs of installation and/or removal. F. In 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 to 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 amount to be determined from time to time by City Council Resolution, prior to reconnection of water services. 13.08.260 Strict application. If 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 areas, 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. 13.08.270 Appeals. If 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 stayed until the City Council has made its decision. Decisions of the City Council are final. 13.08.280 Violation—Infraction. In 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 Emergency water conservation—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 12 such demands may result in harm to the water system and/or jeopardize the health and safety of the public. In 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 Mandatory Duty 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 otherwise imposed by law. SECTION 4. Severability. If 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. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within 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(c)(1). Approved this 18th day of November, 2015 BOB JOHNSON ATTEST: MAYOR JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. 13 I, 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. Approved as to Form: JANICE D. MAGDICH City Attorney 14 JENNIFER M. FERRAIOLO City Clerk