HomeMy WebLinkAbout92-31 - Amending Chapters 14.04, 14.08, 14.12, 14.16 and 14.20 of the Newport Beach Municipal Code Pertaining to Basic Water Rate and Water Charges•
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NO. 92 -31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING CHAPTERS 14.04,
14.08, 14.12, 14.16 AND 14.20 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO BASIC WATER
RATE AND WATER CHARGES.
The City Council of the City of Newport Beach does hereby
ordain as follows:
SECTION 1: Chapter 14.04 of the Newport Beach Municipal
Code is amended to read:
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Sections:
14.04.010
14.04.020
14.04.030
14.04.040
14.04.050
14.04.060
14.04.070
14.04.080
14.04.090
14.04.100
14.04.110
14.04.120
14.04.130
14.04.140
14.04.150
14.04.160
14.04.170
14.04.180
14.04.190
Chapter 14.04
-- GENERAL REGULATIONS
Department Established.
Utilities Director Defined.
Employment Authority Of Utilities Director
Interference With Employees Prohibited.
Tampering With Pipes -- Altering Water Flow.
Disclaimer Of Liability.
Maintenance And Use Of Fire Hydrants.
Permit To Use Fire Hydrants.
Cancellation Of Fire Hydrant Use Permit.
Obstructing Fire Hydrants.
Water Shut -off For Repairs Or Extension.
Right Of Inspection.
Enforcement -- Report Of Violations.
Sale Of Water Outside City.
Contractual Agreement To Supply Water Outside
City.
Sale Of Excess Water Outside City.
Sale To Service Area Of Acquired Agency.
Conditions Of Service.
City Relieved Of Liability.
Section 14.04.010 Department Established. The Utilities
Department is hereby declared to embrace and include all property
of every character, real, personal and mixed, now used in or
incident to the production, storage, conveyance and delivery of
water to the consumers thereof in the City, together with all other
property of every character that may hereafter from time to time be
added to it for such purposes.
Section 14.04.020 Utilities Director Defined. The term
"Utilities Director" wherever used in this Chapter shall be held
and construed to mean the Utilities Director of the Utilities
Department of the City and any act in this Chapter required or
authorized to be done by the Utilities Director may be done on
behalf of the Utilities Director by an authorized officer or
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employee of the Utilities Department.
Section 14.04.030 Employment Authority Of Utilities
Director. The Utilities Director of the Utilities Department shall
have full authority to employ such persons as are necessary to be
employed in the maintenance and operation of the Utilities
Department, and as are provided for by the City Council.
Section 14.04.040 Interference With Employees Prohibited.
No person shall interfere with, or obstruct the Utilities Director,
or any of his duly appointed agents or employees, in the execution
of any lawful order, or the provisions of this Chapter in the
maintenance and operation of the Utilities Department.
Section 14.04.050 Tampering With Pipes -- Altering Water Flow.
No person, other than the Utilities Director, or his duly appointed
agents or employees, shall remove, change, disturb, or in any way
tamper or interfere with any of the facilities, apparatus,
appliances, or property used or maintained for the production,
storage or supply of water by the City to consumers thereof, or
without prior permission of the Utilities Director, turn the water
• on or off from the premises or place.
Section 14.04.060 Disclaimer Of Liability. The City shall
in no way whatsoever be responsible for any damage to person or
property because of any leakage, breakage or seepage from, or
accident or damage to any meter or pipe situated within any private
premises, and the City shall not be responsible for any leakage,
breakage or seepage from any pipe situated between any meter
properly installed at the curb and the private premises or loss
occasioned directly or indirectly by the existence of any meter or
pipe situated upon private property.
Section 14.04.070 Maintenance And Use Of Fire Hydrants.
Public fire hydrants shall be placed, maintained and repaired by
• the Utilities Department. Any damage thereto by persons or agency
other than representatives of the Fire or Utilities Departments,
shall be a claim against the person or agency committing such
damage, and the Utilities Director shall take such action as may be
necessary to collect the same.
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Fire hydrants are provided for the sole purpose of
extinguishing fires and shall be used otherwise only as herein
provided for, and shall be opened and used only by the Utilities
and Fire Departments for such persons as may be authorized to do so
by the Chief of the Fire Department, or the Utilities Director of
• the Utilities Department as herein provided.
Section 14.04.080 Permit To Use Fire Hydrants. All persons
desiring to use water through fire hydrants, or other hydrants
owned or controlled by the City, shall be required to obtain a
permit, first, from the Chief of the Fire Department, and second
from the Utilities Director of the Utilities Department, who shall
issue no such permit to any person who has violated any of the
provisions of this Chapter or whose indebtedness to the City for
water used or damage to hydrants or equipment is delinquent. All
such persons having permit for use of water from the fire hydrants
must provide hydrant wrenches for the operation of such fire
hydrants.
•Section 14.04.090 Cancellation Of Fire Hydrant Use Permit.
Permit for the use of water through the fire hydrants of the City
may be canceled at the will of the Utilities Director on evidence
that the holder thereof is or has violated the privileges conveyed
thereunder. Such notice of cancellation shall be in writing
delivered or mailed to the persons to be notified and shall be
immediately effective and enforced.
Section 14.04.100 Obstructing Fire Hydrants. No person
shall obstruct the access to any fire hydrant by placing around or
thereon any stone, brick, lumber, dirt or other material, or
wilfully or carelessly injure the same, or open or operate any fire
hydrant, or draw or attempt to draw water therefrom, except as
provided in Section 14.04.080.
Section 14.04.110 Water Shut -off For Repairs Or Extension.
The City reserves the right to shut off the water from any
premises, or from any part of the distributing system, as long as
necessary, without notice to consumers, at any time of emergency;
but in all cases of extensions or connections, the departments
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shall notify occupants of the premises of the necessity of shutting
off water and the probable length of time the water shall be so
shut off before taking such action.
Section 14.04.120 Right Of Inspection. Any officer,
employee or duly authorized representative of the Utilities
Department shall at all times have the right of ingress and egress
• to the consumer's premises at all reasonable hours for any purpose
reasonable connected with the furnishing and conservation of water,
for the inspection of the entire water system upon the premises.
Section 14.04.130 Enforcement -- Report Of Violations. It
shall be the duty of the employees of the City to give vigilant aid
to the Utilities Director in the enforcement of the provisions of
this chapter, and to this end they shall report all violations
thereof which come to their knowledge, to the Utilities Department;
and it shall be the duty of the Chief of the Fire Department to
report immediately to the Utilities Director in case of fire in
premises having metered service for fire protection purposes that
fire has occurred there.
• Section 14.04.140 Sale Of Water Outside City. Water may be
sold by the City to consumers outside the City in the manner
hereinafter provided.
Section 14.04.150 Contractual Agreement To Supply Water
Outside
City.
Subject to
all
restrictions
on the City's
power to
do so,
water
may be sold
by
the City for
use outside
the City
within the boundaries of either Coastal Municipal Water District or
Orange County Municipal Water District, or both, to persons or
public agencies, or the assigns of either, who own contractual
rights or interests in any City transmission main or mains or to
whom the City has an obligation, pursuant to any contract
heretofore or hereafter approved by the voters of the City, to
• supply water for such use. Except when the provision of contracts
heretofore made require otherwise, such sales shall be made and
subject to the same rules and regulations as sales of water are
made to inhabitants of the City. A written contract authorized by
the City Council setting out the terms and conditions of the sale
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and any special circumstances applicable thereto shall be required
with each such person or agency who desires to purchase water for
use outside the City.
Section 14.04.160 Bale Of Excess Water Outside City.
Subject to all restrictions on the City's power to do so, the City
•may sell water, to the extent it has a supply in excess of that
required to adequately serve the inhabitants of the City and the
persons and agencies described in Section 14.04.150, to other
persons or agencies for use outside the City within the boundaries
of either the Coastal Municipal Water District or Orange County
Municipal Water District, or both, but only so long as the excess
supply continues. The City may sell on a month -to -month basis or
may require a contract with each purchaser where the City
determines it to be in the best interests of the City to do so.
Such sales shall be subject to the same rules and regulations as
for water used inside the City. The City is under no obligation to
continue any such service, and no purchaser receiving such service
shall acquire any right to have the service continued.
• Section 14.04.170 Sale To Serve Area Of Acquired Agency.
Water may be sold by the City for use outside the City within the
boundaries of either Coastal Municipal Water District or Municipal
Water District of Orange County, or both, and within the service
area of any water distributing agency, the assets of which have
been acquired by the City from such agency. Such sales shall be
subject to the same rules and regulations as for water sold within
the City.
Section 14.04.180 Conditions of Service. All persons
applying for or receiving water service either within or outside
the City shall be required to accept and shall be deemed to have
consented to such conditions of pressure and service as are
• provided at the location served, and as a condition of service
shall be and are hereby required to hold the City harmless from any
damages arising out of low pressure or high pressure conditions or
interruptions of service.
Section 14.04.190 City Relieved Of Liability. The City
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shall not be liable for any damage to persons or property caused in
any manner by the use of water beyond its meters nor for any damage
resulting from its failure or inability to deliver water for any
length of time.
SECTION 2: Chapter 14.08 of the Newport Beach Municipal
• Code is amended to read:
Chapter 14.08
WATER CONNECTIO
sections:
14.08.010
Water Connection Authority.
14.08.020
Application To Connect.
14.08.030
Connection Method.
14.08.040
Separate Service Connections Required.
14.08.050
Flow Protection Devices Required.
14.08.060
Precautionary Conditions For Dangerous Or
Corrosive Liquids.
14.08.070
Pressure Relief Valve.
14.08.080
Protection On Additional Supply Lines.
14.08.090
Protection For Two Or More Supply Services.
14.08.100
Inspection Of Protection Devices For Water
Tightness.
14.08.110
Owners Inspection And Maintenance Of
Protective Devices
Section 14.08.010 Water Connection Authority. No person is,
• or shall be authorized to install any pipe, apparatus, appliance or
connection with the Utilities Department, except the Utilities
Director thereof or his duly appointed agents or employees.
Section 14.08.020 Application To Connect. Every owner, or
tenant of the premises, who shall desire to connect his property to
the public water system for the purpose of having water furnished
to such premises shall make a written application to the City,
describing the premises to be connected therewith, the size of the
pipe by which the connection is desired to be made; setting forth
the address of the owner and the person to whom all notices are to
be mailed; the application shall contain an express agreement on
behalf of applicant that the water to be used on the premises shall
in all respects be used subject and subordinate to the provisions
• of this Code and subsequent amendments and the order of the City
Council, and lawful regulations of the City.
Section 14.08.030 Connection Method. Upon presentation at
the office of the Utilities Department of the receipt for
installation of fees and execution of the agreement hereinbefore
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provided for, the Utilities Director shall cause the premises
described in the application, if the same abut upon the street or
alley upon which there is a City water main, to be connected with
the City's water main by a service pipe extending from the main to
the curb line on the front of the property or to the side or rear,
• and including a stop -cock placed, which service pipe and stop -cock
shall thereafter be maintained by and kept within the exclusive
control of the City. In cases of application for water service on
premises not abutting upon a street or alley upon which there is a
City water main, the City will lay its service pipe from the main
toward the premises for a distance not to exceed one hundred feet,
and permit connection by means of a union and pipes laid at the
expense of and maintained by the owner of the service, or may in
the discretion of the Utilities Director, upon the payment of the
actual costs thereof, extend the service to the premises of the
applicant along and beneath any public street of the City, but not
otherwise. No service connection less than one inch in size shall
be installed.
• Section 14.08.040 Separate Service Connections Required.
Two or more houses or buildings under the same ownership and on a
single lot or on a single parcel of land may be supplied through
the same service connection, or a separate service connection may
be provided for each house or building. The City shall have the
right, as necessary to assure efficient service and reduce
practical difficulties, to limit the number of houses or buildings,
or the area of land under one ownership to be supplied by one
service connection. The same service connection shall not be used
to supply water to property in a single ownership which is
separated by a public street, alley or right -of -way or which is
non - adjoining. The same service connection shall not be used to
supply water
to
adjoining property of a
different
ownership. The
restrictions
of
this subsection shall not
apply to
services already
lawfully installed, unless in the judgment of the City compliance
is necessary to settle disputes or for the protection or
improvement of the particular service or the City water system.
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In making application for a water service connection, the
applicant shall specify the property to be served by such service
connection and only the property so specified shall receive water
through such service connection.
Section 14.08.050 Flow Protection Devices Required. An
approved double- checked valve or other approved back flow
protection devices shall be installed in all existing water systems
of all consumers, at the expense of the consumer, before service
will be continued or granted when any one of the following
conditions apply:
(a) Where an unapproved fresh water supply is already
available from a well, spring, reservoir or other source, the
installation of backflow protective devices may not be required.
If the consumer agrees to abandon this other supply and agrees to
remove all pumps and piping necessary for the utilization of this
supply.
(b) Where salt water, or water otherwise polluted, is
available for industrial or fire protection purposes, or where
• fresh water hydrants are or may be installed on docks.
(c) Where the premises are or may be engaged in industrial
processes using or producing process waters or liquid industrial
wastes, or where the premises are or may be engaged in handling
sewage or any other dangerous substance.
(d) Where the circumstances are such that there is special
danger of backflow of sewage or other contaminated liquids through
plumbing fixtures or water -using or treating equipment, or storage
tanks and reservoirs.
(e) Where an approved water supply line terminates as a pier
head outlet which is used to supply vessels at piers or
waterfronts. These installations shall be located where they will
prevent the return of any water from a vessel or any other source
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into the City water supply system.
(f) Where the premises are used for a trailer park.
Section 14.08.060 Precautionary Conditions For Dangerous or
Corrosive Liquids. Under special circumstances, when the consumer
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is engaged in the handling of especially dangerous or corrosive
liquids or industrial or process waters, the City may require the
consumer to eliminate certain plumbing or piping connection as an
additional precaution and as a protection to the backflow
preventive devices.
•Section 14.08.070 Pressure Relief Valve. As a protection to
the consumer's plumbing system, a suitable pressure relief valve
must be installed and maintained by him, at his expense, when check
valves or other protective devices are used. The relief valve
shall be installed between the check valves and the water heater.
Section 14.08.080 Protection On Additional Supply Lines.
Whenever backflow protection has been found necessary on a water
supply line entering a customer's premises, any and all water
supply lines from the City's mains entering such premises,
buildings or structures shall be protected by an approved backflow
device, regardless of the use of the additional water supply lines.
Section 14.08.090 Protection For Two Or More Supply
Services. Two or more services supplying water from different
• street mains to the same building structure or premises through
which an inter - street main flow may occur, shall have an
appropriate backflow prevention device installed on each water
service to be located adjacent to and on the property side of the
respective meters.
Section 14.08.100 Inspection Of Protection Devices For Water
Tightness. The double check valve or other approved backflow
protection devices may be inspected and tested periodically for
water tightness by the City.
Section 14.08.110 Owners Inspection And Maintenance Of
Protection Devices. The owner of any premises on which or on
account of which check valves or other protective devices are
• installed shall inspect these devices for water tightness and
reliability at least every three months. The devices shall be
serviced, overhauled, or replaced whenever they are found defective
and all costs of repair and maintenance shall be borne by the
consumer. Certified records of such inspection and operations will
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be required by the City.
SECTION 3: Chapter 14.12 of the Newport Beach Municipal
Code is amended to read:
Chapter 14.12
WATER RATES AND CHARGES
sections:
14.12.010
Service Fees.
14.12.020
Water Rates Established.
14.12.030
Readiness To Serve Charges.
14.12.035
Surcharge.
14.12.040
Quantity Charges.
14.12.050
Meter Installation.
14.12.060
Building Construction Purposes.
14.12.070
Nonspecified Uses.
14.12.080
Private Fire Lines.
14.12.090
Turn -on Charges.
14.12.100
Due Date.
14.12.110
Unpaid Charges.
14.12.120
Discontinuance Of Water Service Procedure.
14.12.130
Deposit.
14.12.140
Vacating Premises.
14.12.150
Change Of Address.
14.12.160
Renewing Service.
Section 14.12.010 Service Fees. The fees for the
installation of water services, water meters, or water services
including meters, or for enlarging those already in place, shall be
paid in advance.
The installation fee shall be the cost to the City, including
all labor and materials, plus twenty -five percent (25 %) of such
cost for overhead. In addition, there shall be collected the sum
of Fifty Dollars ($50) for the first one inch of meter diameter, or
fractional portion thereof, plus Twenty -Five Dollars ($25) for each
additional one -half inch of meter diameter, or fractional portion
thereof.
The installation fee shall be as established by the Utilities
Department, and the cost shall be paid to the Finance Department by
the person applying for such installation before the work of
connecting the main with the property is begun.
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The cost as established by the Utilities Department shall be
the estimated average cost of doing the work, plus twenty -five
percent (25 %), and shall be revised from time to time to reflect
experience and changes in the actual cost of performing the work.
Section 14.12.020 Water Rates Established. The following
• rates, fees and charges are hereby established and shall be charged
and collected in accordance with the provisions of this Chapter.
Section 14.12.030 Readiness To Serve Charges. There shall
be charged and collected a monthly readiness to serve charge from
each customer for each meter on the basis of the following
schedule:
For 3/4 -inch meter or less . . . . . . . . . $ 2.00
For 1 -inch meter . . . . . . . . . . . . . . 2.50
For 1 1/2 -inch meter . . . . . . . . . . . . 4.00
For 2 -inch meter . . . . . . . . . . . . . 5.00
For 2 1/2 -inch meter . . . . . . . . . . . . 8.00
For 3 -inch meter . . . . . . . . . . . . . . 10.00
For 4 -inch meter . . . . . . . . . . . . . . 15.00
For 6 -inch meter . . . . . . . . . . . . . . 20.00
For 8 -inch meter . . . . . . . . . . . . . . 25.00
For 10 -inch meter . . . . . . . . . . . . . 30.00
Readiness to serve charges shall not be subject to refund or
• proration if service to any customer is terminated during any
bimonthly period.
Section 14.12.035 Surcharge. In addition to the readiness
to serve charges set for in this Chapter, the following surcharges
shall be collected:
For each living unit in excess of one
per water meter, per month . . . . . . . . $1.00
For each hotel or motel unit and each
hospital or convalescent home
bedroom in excess of one per
water meter, per month . . . . . . . . . . . . .50
Section 14.12.040 Quantity Charges. (a) In addition to the
readiness to serve charges set forth in this Chapter, the rate for
water supplied to consumers through a meter, other than pursuant to
a written contract approved by the City Council, shall be $1.34 per
• 100 cubic feet, per month, per meter.
(b) City water rates shall be adjusted to reflect
Metropolitan Water District rate changes.
(c) Should the automatic adjustments require a water rate
increase, the amount of the increase shall be added to the quantity
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charges and shall be equal to the Metropolitan Water District
increase, raised to the next highest whole penny for each 100 cubic
feet used.
Section 14.12.050 Meter Installation. The City shall have
the right to install water meters on any and all water services,
•and the charges for water used through the meter shall be in
accordance with the meter rates applicable.
Section 14.12.060 Building Construction Purposes. Service
may be made to a lot or parcel of land on which a building is being
constructed for construction purposes only from the time the
building permit is issued until the building is completed or until
the time a water meter is installed to serve such lot or parcel,
whichever first occurs, for a flat rate of Twenty -Five Dollars
($25) per month for each 2000 square feet of floor space or
fraction thereof of such building.
Section 14.12.070 Nonspecified Uses. Water used for all
other purposes not hereinbefore enumerated shall be furnished and
charged for either at meter rates or at a special rate to be fixed
• by the City Council under separate agreement with the consumer.
Section 14.12.080 Private Fire Lines. Fees for private fire
line service shall be charged at a rate of Five Dollars ($5) per
inch diameter per month per service.
If such line is found tapped for domestic use, a meter shall
be installed on such service at the expense of such consumer and
the regular meter rates shall be charged thereafter. The right
shall be reserved to disconnect such fire service from the City's
main by the direction of the City Council on recommendation of the
City Manager.
Section 14.12.090 Turn -on Charges. When water service to
any premises has been turned off because of nonpayment of a bill or
• violation of any of the provisions of this Chapter, or ordered
turned off by the owner or tenant, a turn -on charge in an amount
established by Resolution of the City Council shall be collected in
advance.
Section 14.12.100 Due Date. All consumers whose premises
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are connected to the municipal water system shall be billed on a
bimonthly basis and all charges for water service shall be payable
on the due date shown on the water bill.
Section 14.12.110 Unpaid Charges. The procedures for
collection of unpaid charges shall be set by Resolution of the City
• Council of the City of
Section 14.12.120
The procedures for disc
Resolution of the City
Section 14.12.130
Newport Beach.
Discontinuance Of Water Service Procedure.
:ontinuance of water service shall be set by
Council of the City of Newport Beach.
Deposit. (a) In the event that the
applicant for water service is not the owner in fee of the property
to be supplied with water, or does not own the improvements
thereon, a deposit shall be required equivalent to one and one -half
times the average bimonthly billing for the user classification
applicable to the property, as determined by the Finance Director.
(b) In the event that the water service customer has had
his /her water service terminated twice, a deposit shall be required
equivalent to two (2) times the average bimonthly billing for the
• user classification applicable to the property, as determined by
the Finance Director or the turn-on charge set forth in Section
14.12.090, whichever is greater.
(c) When the deposit has been made and all other conditions
of serving water have been met, water shall be supplied.
Section 14.12.140 Vacating Premises. Whenever a consumer
shall vacate any premises, he shall immediately give written notice
thereof to the Water Billing Division of the Finance Department.
Upon the receipt of such notice, the City shall read the water
meter, shut off the water from the premises and immediately present
to the consumer all unpaid bills for water furnished by the City to
him up to that time. Thereupon, the consumer shall pay the bills
• to the Finance Department. In the event that the consumer shall
have made a deposit with the City, as required in Section
14.12.130, the balance, if any, of such deposit shall be returned
to the consumer, after deducting therefrom the amount of the bills.
Until such notice and payments shall have been made, the premises
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shall be deemed occupied by such consumer and his liability
continued.
Section 14.12.150 Change Of Address. Failure to receive
mail will not be recognized as a valid excuse for failure to pay
water rates when due. Change in occupancy of property supplied
•with City water and changes in mailing addresses of consumers of
City water must be filed in writing at the Water Department on
forms provided for that purpose.
Section 14.12.160 Renewing Service. Each owner or occupant
of any premises previously connected with the City water system
desiring to renew the use of water shall make application for
renewal of water service and upon payment of all unpaid charges, if
any, together with a turn -on charge as specified in Section
14.12.090, the water will be turned on.
SECTION 4: Chapter 14.16 of the Newport Beach Municipal
Code is amended to read:
Chapter 14.16
• WATER CONSERVAT]
Sections:
14.16.010
Findings and Purpose.
14.16.020
Definitions.
14.16.030
Prohibitions.
14.16.040
Conservation Phase Implementation.
14.16.045
Permanent Water Usage Restrictions.
14.16.050
Water Conservation Phases.
14.16.060
Surcharges.
14.16.070
Exemptions.
14.16.080
Relief From Compliance.
14.16.090
Failure To Comply.
14.16.100
Applicability.
Section 14.16.010 Findings and Purpose.
A. The City of Newport Beach delivers water to its residents
through a comprehensive system of reservoirs, water mains, and
pipes. The water sold to Newport Beach residents comes exclusively
• from sources outside of the City of Newport Beach. The City relies
heavily on Metropolitan Water District ( "MWD ") for its supply of
water. MWD supplies water to many agencies, including large
purveyors such as the Los Angeles Department of Water and Power.
MWD's primary source of water is the Colorado River and related
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storage facilities. MWD's ability to supply water is contingent
upon many factors, including the extent of Colorado River flows,
water taken from the Colorado River by those with prior rights, the
amount of water available to major purveyors such as DWP from the
Los Angeles Aqueduct and the State Water Project, the amount of
•water available to smaller purveyors from these same sources or
wells, and the demand for water from agricultural, industrial, and
residential users. Southern California's demand for water is such
that short term drought may result in significant reductions in
MWD's allocations of water to the City of Newport Beach and
extended drought will result in drastic allocation reductions,
which, in turn, require imposition of stringent measures to insure
reduced consumption. This Ordinance provides a mechanism for
quickly imposing mandatory water conservation measures ranging from
voluntary consumption reductions to measures which restrict water
usage to the minimum necessary for basic human health and
sanitation.
B. Continued population growth in California and Arizona
• will, over time, dramatically reduce the amount of water available
to MWD and other major water purveyors. The ability of Newport
Beach to provide its residents with adequate supplies of water is
contingent upon implementation of a comprehensive program,
including development and implementation of plans to tap new
sources of water, implementation of drastic restrictions on
consumption during periods of drought, and implementation of water
conservation measures during periods of normal rainfall to insure
the highest beneficial use of the resource.
C. The mandatory restrictions on water use, the prohibition
of activities that waste water as well as the penalties and
surcharges provided by this Ordinance are the minimum controls
• necessary to insure adequate supplies of water now and in the
future. The surcharges for water consumption in excess of the
limits specified in the various conservation phases reflect, and
will reimburse the City for, surcharges imposed by MWD for
deliveries in excess of allocations. These surcharges combined
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with penalties for excess consumption and activities which waste
water are necessary to insure the maximum beneficial use of an
extremely limited resource. Restrictions on the use of revenue
derived from surcharges and penalties will insure the lowest
feasible basic water rate and the development of new sources of
water to supplement MWD allocations in the future.
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Section 14.16.020 Definitions.
A. "Base" means the amount of water, expressed in Billing
Units, used by a Customer during one of the six (6) Base Periods.
B. "Basic Water Rate" shall mean the charge for water,
expressed in terms of billing units, established pursuant to
Section 14.12.040 of the Newport Beach Municipal Code.
C. "Base Period" means one of six (6) billing periods used
for calculating compliance with the water conservation requirements
of this ordinance. The Base Periods for the four billing groups
within the City of Newport Beach are as specified below:
Group I: June 8, 1989 to August 10, 1989
August 10, 1989 to October 10, 1989
October 10, 1989 to December 7, 1989
• December 7, 1989 to February 8, 1990
February 8, 1990 to April 6, 1990
April 6, 1990 to June 7, 1990
Group II: June 15, 1989 to August 15, 1989
August 15, 1989 to October 19, 1989
October 19, 1989 to December 14, 1989
December 14, 1989 to February 15, 1990
February 15, 1990 to April 12, 1990
April 12, 1990 to June 20, 1990
Group III: July 13, 1989 to September 13, 1989
September 13, 1989 to November 9, 1989
November 9, 1989 to January 11, 1990
January 11, 1990 to March 13, 1990
March 13, 1990 to May 10, 1990
May 10, 1990 to July 15, 1990
Group IV: July 19, 1989 to September 19, 1989
September 19, 1989 to November 13, 1989
November 13, 1989 to January 15, 1990
January 15, 1990 to March 19, 1990
March 19, 1990 to May 16, 1990
May 16, 1990 to July 20, 1990
• D. "Billing Period" means the time interval between two
consecutive water meter readings taken for billing purposes.
E. "Billing Unit" means 100 cubic feet of water (748
gallons).
F. "Corresponding Base Period" shall mean the Base Period
-16-
that best corresponds, in terms of number of days, to a Billing
Period that occurs during any conservation phase described in
Section 14.16.050.
G. Customer" shall mean any person, group of two or more
persons, partnership, corporation, trust, association, or entity,
receiving water service from the City of Newport Beach.
• H. "MWD" shall mean Metropolitan Water District.
I. "Person" shall mean any person, group of persons,
corporation, partnership, trust, or business entity not receiving
water service from the City of Newport Beach.
J. "Surcharge" shall mean the additional charges (over and
above the Basic Water Rate) imposed for consumption in excess of
that permitted during any conservation phase and as specified in
Section 14.16.060.
K. "Water Consumption Restrictions" shall mean those
provisions of Section 14.16.050 which require Customers to reduce
the amount of water consumed during current Billing Periods in
relation to the corresponding Base Period.
• L. "Water Usage Restrictions" shall mean those provisions of
Section 14.16.045 and 14.16.050 which prohibit certain uses of
water.
M. "Water" shall mean potable water.
Section 14.16.030 Prohibitions.
A. No Customer shall use, or permit the use of, water
supplied by the City of Newport Beach in a manner contrary to the
restrictions imposed by any conservation phase then in effect.
B. For the purpose of this Ordinance, the use of water by a
tenant, employee, agent, contractor, representative, or person
acting on behalf of a customer, shall be imputed to the Customer.
Section 14.16.040 Conservation Phase Implementation.
•A. The Utilities Director shall periodically monitor and
evaluate the projected supply and demand for water by Customers
and shall recommend to the City Council implementation of a
conservation phase appropriate under then current circumstances.
The City Council shall consider the recommendation at a regularly
-17-
scheduled public meeting and, after hearing such testimony as may
be relevant, implement the appropriate conservation phase by
resolution. The provisions of the conservation phase shall become
effective upon publication of the resolution in a daily newspaper
of general circulation provided, however, the consumption reduction
provisions shall take effect as of the first full billing period
• commencing on or after the effective date of the resolution.
B. In the event MWD publicly expresses the intention to
reduce water allocations in a manner that would effect the amount
supplied to the City of Newport Beach, the City Manager may
implement a conservation phase by publication of a notice to that
effect in a daily newspaper of general circulation. The order of
the City Manager shall become effective upon publication and shall
terminate in thirty (30) days or the publication of a resolution of
the City Council implementing the same or different conservation
phase, whichever shall first occur.
C. Except for the automatic termination provisions in the
case of implementation by the City Manager, a resolution
• implementing a water conservation phase shall remain in full force
and effect until repealed by the City Council, or until a
subsequent resolution implementing a different conservation phase
becomes effective.
D. The Utilities Director shall, subsequent to the adoption
of a resolution implementing any water conservation phase, provide
periodic reports to the City Council regarding compliance with the
requirements of the water conservation phase, current and
anticipated allocations of water from MWD, and any change in
circumstances that could warrant a position of more stringent
measures or relaxation of measures then in effect.
Section 14.16.045 Permanent Water Usage Restrictions.
• 1. No Person or Customer shall use water to wash any
sidewalk, walkway, driveway, parking area or any other hard
surface.
2. No Person or Customer shall use water to clean, fill, or
maintain levels in decorative fountains, ponds, lakes, or other
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purely aesthetic facilities, however, water may be used to fill or
maintain levels if all liquid is recirculated.
3. No restaurant, hotel, cafe, cafeteria or other public
place where food is sold, served or offered for sale shall serve
drinking water to any person unless pursuant to an express request.
4. No Person or Customer shall permit water to leak from any
• pipe or facility connected to the meter or meters which measures
the amount of water for which a Customer is obligated to pay the
City.
5. No Person or Customer shall water or irrigate any lawn,
landscaping or other vegetation in a manner that causes or allows
excess water to flow or run off onto an adjoining sidewalk,
driveway, street, gutter or ditch.
6. No Person shall use water for construction purposes with
respect to any project that requires a grading permit without first
having submitted a construction water plan to, and obtaining
approval from, the Utilities Director.
Section 14.16.050 Water Conservation Phases.
• A. Phase 1. Voluntary Ten Percent (102) Reduction. Each
Customer shall use their best efforts, without mandatory
restrictions, to use ninety percent (900) or less of the water
consumed during the Base Period for that Customer's group.
B. Phase 2. Mandatory Ten Percent (102) Cut -Back. No
Customer shall, during any Billing Period, consume more than ninety
percent (902) of the water consumed during the corresponding Base
Period.
C. Phase 3. Mandatory Fifteen Percent (152) Cut -Back. No
Customer shall, during any Billing Period, consume more than
Eighty -five percent (852) of the water consumed during the
corresponding Base Period.
• D. Phase 4. Mandatory Twenty Percent (202) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than Eighty percent (802) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
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portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except with a hand -held bucket with a capacity of five
gallons or less, or a hose equipped with a positive shut -off
nozzle.
3. No Customer shall use water to wash any sidewalk,
• walkway, driveway, parking area or other hard surface.
4. No person shall water or irrigate any lawn, soil,
landscaping or vegetation between the hours of 10:00 a.m. and
4:00 p.m.
E. Phase 5. Mandatory Twenty -Five Percent (25 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than seventy -five percent (75 %) of the water consumed during
the corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
• with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3.. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on Tuesdays, Thursdays, and Saturdays.
(b) Customers with even numbered addresses shall water
only on Mondays, Wednesdays, and Fridays.
(c) Watering is permitted only between the hours of 4:00
p.m. and 10:00 a.m. No watering or irrigation is permitted between
• the hours of 10:00 a.m. and 4:00 p.m.
F. Phase 6. Mandatory Thirty Percent (30 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than seventy percent (70 %) of the water consumed during the
corresponding Base Period.
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2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
0 with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on Tuesdays and Fridays.
(b) Customers with even numbered addresses shall water
only on Mondays and Thursdays.
(c) Watering is permitted only between the hours of 4:00
p.m. and 10:00 a.m. Watering or irrigation is prohibited between
the hours of 10:00 a.m. and 4:00 p.m.
• G. Phase 7. Mandatory Thirty -Five Percent (35 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than sixty -five percent (65 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on Tuesdays.
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(b) Customers with even numbered addresses shall water
only on Wednesdays.
(c) Watering is permitted only between the hours of 6:00
p.m. and 6:00 a.m. Watering or irrigation is prohibited between
the hours of 6:00 a.m. and 6:00 p.m.
(d) Trees
may also
be watered on
Sundays.
H. Phase 8.
•
Mandatory
Forty Percent
(40 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than sixty percent (60 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
watering or irrigation of lawns and landscaping as specified in
• Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on 1st and 3rd Tuesdays.
(b) Customers with even numbered addresses shall water
only on 1st and 3rd Wednesdays.
(c) Watering is permitted only between the hours of 6:00
p.m. and 6:00 a.m. Watering or irrigation is prohibited between
the hours of 6:00 a.m. and 6:00 p.m.
(d) Trees may also be watered On Sundays, but only by
use of a hand -held bucket.
• I. Phase 9. Mandatory Forty -Five Percent (45 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than fifty -five percent (55 %) of the water consumed during the
corresponding Base Period.
2. No Customer shall use water to wash all or any
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portion of a structure, motor vehicle, trailer, boat, facility or
equipment, except in accordance with the following:
(a) Washing shall be done only with a hand -held bucket
with a capacity of five (5) gallons or less, or a hose equipped
with a positive shut -off nozzle; and
(b) Washing is permitted only on the days specified for
• watering or irrigation of lawns and landscaping as specified in
Subsection 3.
3. No person shall water or irrigate any lawn, soil,
landscaping or vegetation, except in accordance with the following:
(a) Customers with odd numbered addresses shall water
only on 1st Tuesday.
(b) Customers with even numbered addresses shall water
only on 1st Wednesday.
(c) Watering is permitted only between the hours of
10:00 p.m. and 6:00 a.m. Watering or irrigation is prohibited
between the hours of 6:00 a.m. and 10:00 p.m.
(d) Trees may also be watered on Sundays, but only by
• use of a hand -held bucket.
J. Phase 10. Mandatory Fifty Percent (50 %) Cut -Back.
1. No Customer shall, during any Billing Period, consume
more than fifty percent (50 %) of the water consumed during the
corresponding Base Period.
2. Watering or irrigation of plants, landscaping,
vegetation or soil is prohibited, provided, however, plants, trees
and shrubs may be watered by means of a hand -held bucket.
3. No person shall fill any pool, spa, decorative
fountain, pond, lake or any body of water.
Section 14.16.060 Surcharges.
A. The surcharges imposed by this Section reflect, in part,
• additional charges imposed by MWD on the City of Newport Beach for
the purchase of water in excess of permitted allocations. The
surcharges are also intended to supplement penalties for violating
water consumption restrictions by dramatically increasing the cost
of water as consumption extends permitted thresholds.
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B. Customer shall pay the surcharges specified in this
Section for all water consumed in excess of the water consumption
restrictions (Phases 2 through 10, inclusive), specified in Section
14.16.050. The surcharge shall be One Dollar and Twenty -four Cents
($1.24) per Billing Unit for the first Ten Percent (10 %) increment
in excess of the ration level and an additional One Dollar and
• Twenty -four Cents ($1.24) for each subsequent Ten Percent (10 %)
increment above the ration level. For example, Phase 6 requires
Customers to use no more than 70% of the water consumed during the
corresponding Base Period. A Customer using 45 Billing Units when
assigned a ration level of 32 Billing Units would pay the
following:
32 Units @ $1.34 (Basic Water Rate) $42.88
4 Units @ $2.58 ($1.34 + $1.24) $10.32
4 Units @ $3.82 ($1.34 + $2.48) $15.28
4 Units @ $5.06 ($1.34 + $3.72) $20.24
1 Unit @ $6.30 ($1.34 + $4.96) $ 6.30
45 Units Total $95.02
The following surcharge shall be imposed on the Customer's
next water bill and shall be in addition to the Basic Water Rate.
• Section 14.16.070 Exemptions.
A. The provisions of this Ordinance shall not apply to the
following activities of a public entity:
1. The filling, operation and maintenance of a swimming
pool open to the public.
2. The washing of refuse, sanitation and service
vehicles owned and operated by a public entity to the extent
necessary to insure public health, safety and welfare.
B. The provisions of this Ordinance which restrict the
watering or irrigation of landscaping vegetation, and soil, and
those provisions which require the reduction of consumption shall
not be applicable to customers who have participated in a Fuel Load
• Modification Program and have received an exemption from the
Utilities Director. The Utilities Director shall grant only that
exemption necessary to mitigate the impacts of participation in the
Fuel Load Modification Program such as, the need to irrigate
replacement vegetation.
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C. The provisions of this Ordinance which restrict the
watering or irrigation of lawns, landscaping, vegetation and soil
shall not apply to commercial nurseries or other businesses whose
main stock and trade consists of plants and vegetation. Provided,
however, this exemption is applicable only to those businesses
•which submit a water conservation plan to, and obtain the approval
of, the Utilities Director. The Utilities Director shall approve
a water conservation plan submitted pursuant to this Subsection
only if the plan proposes the maximum feasible reduction in
consumption.
D. The provisions of this Ordinance that restrict the
washing of vehicles, boats, and mobile equipment shall not apply to
any car wash, auto detailer, or similar business that has applied
for and received approval of, an exemption from the Utilities
Director. The Utilities Director shall grant an exemption only if
the plan provides for recirculation or recycling of water or
otherwise proposes the maximum feasible reduction in consumption.
E. The provisions of this Ordinance that require Customers
• to reduce their consumption by specified percentages shall not
apply to reduce consumption below levels necessary to maintain
health, safety and sanitation as determined by the Utilities
Director.
Section 14.16.080 Relief from Compliance.
A. Intent and Purpose. The City Council recognizes that
water consumption can increase or decrease because of factors
unrelated to wasteful water use practices. Many customers have
installed water- saving devices and adopted water conservation
practices that make it difficult to achieve the additional
reductions required by this Ordinance. This Section recognizes
that base adjustments may be necessary to insure that application
• of this Ordinance to any particular Customer does not produce
unjust or inequitable results. As a general rule, the Utilities
Director should not grant relief to any Customer for any reason in
the absence of a showing that the Customer has achieved the maximum
practical reduction in water consumption other than in the specific
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area or areas for which relief is requested.
B. Procedures. An application for relief from the
provisions of this Ordinance may be filed by any Customer with the
Utilities Director. The application shall be submitted on a form
supplied by the Utilities Department. The application must be
•filed within ninety (90) days after the effective date of this
Ordinance or ninety (90) days after implementation of the then
current conservation phase, whichever shall occur last. The
Utilities Director shall approve or disapprove the application for
relief within fifteen (15) days after it is filed and deemed
complete.
C. Factors. In determining whether relief should be
granted, the Utilities Director shall consider all relevant factors
including, but not limited to, the following:
1. Whether compliance with the consumption and
reduction provisions then in effect would result in unemployment or
layoff of workers;
2. Whether additional persons are living or working in
• the structure or structures served by the meter or meters for which
Customer is responsible;
3. Whether Customer had, during all or a portion of the
Base Period, reduced consumption from prior years through the use
of water conservation practices;
4. Whether any current or anticipated increase in
production or manufacturing will require additional water;
S. The extent to which irrigation or watering of
landscaping has been made necessary by compliance with Fuel Load
Modification Programs;
6. The extent to which Customer needs to use water to
mitigate any emergency health or safety hazards;
• 7. The absence of one or more persons from the
structure or structures served by the meter during all or a portion
of the Base Period;
8. The special needs and characteristics of hospitals,
clinics and other medical care facilities.
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D. Agreement. The Utilities Director is empowered to enter
into an agreement with any Customer to resolve the application for
relief. The agreement shall be memorialized in a writing signed by
the Customer. The agreement shall fix the rights of the Customer
and the City. The Customer shall have no further right to seek
• relief pursuant to the provisions of this Section.
E. Final Decision. The Utilities Director shall notify the
Customer of the decision on the application for relief by mailing
notice of the decision to the Customer, first class, postage pre-
paid, to the address specified on the application. The decision of
the Utilities Director shall be final.
F. Willful Misrepresentation. Notwithstanding any other
provision of law, no person shall make any willful
misrepresentation of a material fact with respect to any
application for relief submitted pursuant to this Section. Any
violation of the provisions of this Subsection shall be considered
a misdemeanor, punishable as otherwise provided in this Code.
Section 14.16.090 Failure to comply.
• A. Penalties. The penalties specified in this Section are
exclusive and the other penalty provisions of this Code are
inapplicable.
1. The following penalties shall be imposed for each
violation of the General Water Usage Restrictions contained in
Section 14.16.045:
(a) For the first and second violations, the Utilities
Director shall issue a written notice of violation to the Customer
or person.
(b) For a third violation by any Customer within any
twelve (12) month period, a penalty in the sum of Fifty Dollars
($50.00) shall be added to the Customer's water bill. The third
violation
by
any person within a twelve
(12) month
period shall
constitute
•
an
infraction, punishable by
a fine of
Fifty Dollars
($50.00).
(c) For a fourth and any subsequent violation by any
Customer within any twelve (12) month period, a penalty in the sum
�&M
of One Hundred and Fifty Dollars ($150.00) shall be added to the
Customer's water bill. The fourth and any subsequent violation by
a person during any twelve (12) month period shall constitute an
infraction, punishable by a fine of One Hundred and Fifty Dollars
($150.00).
•(d) In addition to the penalties specified in Subsection
(c) , upon a fourth violation, the Utilities Director may install a
flow restrictor on the meter or meters for which a Customer is
responsible and which are connected to the facility from which
water was discharged in violation of Section 14.16.045.
2. Consumption Restrictions. The following penalties
shall be imposed for each violation of the conservation phase
restrictions then in effect:
(a) For the first and second violations by any Customer,
the Utilities Director shall send a written notice of violation to
the Customer.
(b) For the third violation, a penalty shall be added to
the Customer's next water bill in accordance with the schedule
• specified below. The third violation by any person shall
constitute an infraction with a fine imposed in accordance with the
schedule specified below:
1. Meter with 3/4 inch service - $50.00
2. Meter with 1 inch service - a $100.00
3. Meter with 1 -1/2 inch service - $150.00
4. Meter with 2 inch service - $200.00
5. Meter with 4 inch service - $350.00
6. Meter with service larger than 4 inches - $500.00
(c) For a fourth violation by any Customer, the
penalties specified in Subsection (b) shall be doubled and added to
the Customer's next water bill.
(d) The Utilities Director may install a flow restrictor
upon or after the fourth violation by any Customer. The flow
restrictor shall be placed on Customer's meter or meters that
• registered the excessive consumption or which were connected to the
facility used to illegally discharge water. Customer may apply to
the Utilities Director for removal of the flow restrictor within
sixty (60) days after installation, provided the Customer pays
Fifty Dollars ($50.00) for removal.
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B. Notice. Prior to the imposition of any penalties or
surcharge pursuant to this Section and a right to a hearing to
contest the validity of any such penalty and surcharge. Notice
shall be deemed given when personally delivered to the Customer or
when deposited in the United States mail, first class postage pre-
paid, and addressed in the same manner as normal water billings.
Notices relative to the violation of water consumption reduction
requirements imposed by conservation phases may be given by
specifying the violation, the facts supporting the violation, and
the Customer's right to a hearing in a conspicuous place on the
first water bill sent to the Customer for the Billing Period during
which the violation occurred. If the penalty assessed is, or
includes, the installation of a flow restrictor or the termination
of water service, notice of the violation shall, in addition to
that specified above, be posted in a conspicuous place on the
property served by the meter or meters which recorded the excessive
consumption or were connected to the facility from which water was
illegally discharged.
• C. Hearing. Any Customer against whom a penalty is levied
pursuant to this Section shall have a right to hearing. The
Customer shall be entitled to be represented by an individual of
their choice, to present oral and documentary evidence in support
of their appeal, and to review and comment on all evidence offered
to establish the violation.
Section 14.16.100 Applicability.
The provisions of this ordinance shall be applicable to
persons who receive water from agencies or entities other than the
City of Newport Beach, and any water agency or water district
serving residents of the City of Newport Beach shall enforce the
provisions of this Chapter.
•SECTION 5: Chapter 14.20 of the Newport Beach Municipal
Code is amended to read:
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V
Chapter 14.20
WATER METERS
Sections:
14.20.010 Property Of City -- Damaged Or Lost Meters
14.20.020 Meter Tests.
14.20.030 Meter Test Deposit.
14.20.040 Tampering.With Meters Prohibited.
• 14.20.050 Meter Placement.
14.20.060 Meters Inside Premises.
Section 14.20.010 Property Of City -- Damaged Or Lost Meters.
All meters, unless otherwise authorized by the Utilities Director,
shall be and remain the property of the City and will not be
removed unless the use of water on the premises is to be entirely
stopped, or the service connection discontinued or abandoned. In
all cases where meters or meter boxes are lost, injured or broken
by carelessness, or by the negligence of the owners or occupants of
premises, they shall be replaced or repaired by the Utilities
Department and the cost charged against the owner or occupant; and
in the case of nonpayment, the water shall be shut off as provided
in Section 14.12.110. In the event the meter is out of order, or
•fails to register properly, the consumer shall be charged on an
estimate made by the Utilities Department on the average monthly
consumption during the last three months that the meter was in good
order, or from what he may consider to be the most reliable data at
his command.
Section 14.20.020 Meter Tests. Where the accuracy of record
of a water meter is questioned, it shall be removed at the
consumer's request and shall in his present be tested in the shops
of the Utilities Department by means of the apparatus there
provided, and a report thereon duly made. Both parties to the test
must accept the findings so made. If the test discloses an error
against the consumer of more than three percent (3 %) of the meter's
registry, the excess of the consumption on the three previous
• readings shall be credited to the consumer's meter account, and the
Utilities Department will bear the entire expense of the test, and
the deposit required as hereinafter prescribed shall be returned.
On the other hand, where no such error is found, the person who has
requested the test shall pay the charges fixed for such test.
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Section 14.20.030 Meter Test Deposit. Before the test of
any meter is made, the person requesting the test shall at the time
of filing his request therefor deposit with the City an amount as
established by Resolution of the City Council.
Section 14.20.040 Tampering With Meters Prohibited. No
meter shall be removed, or in any way disturbed, nor the seal
• broken except in the present of and under the direction of a duly
authorized agent or employee of the City.
Section 14.20.050 Meter Placement. All meters of the City
shall be placed at the curbline of the street or near the property
line in alleys, whenever and wherever practicable, and be protected
and maintained as a part of the operation of the Department.
Section 14.20.060 Meters Inside Premises. When a water
meter is placed inside the premises of a consumer, for the
convenience of the consumer, provisions shall be made for a
convenient meter reading and repairing by representatives of the
Department. Failure to make such provisions by the consumer shall
be sufficient cause for removal of such meter at the option of the
• Director of the Department and the withholding of service until
connection is made at the curbline as herein provided.
SECTION 6: That if any section, subsection, sentence,
clause or phrase of this Ordinance is for any reason, held to be
invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this
Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subsection, clause or
phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared
unconstitutional.
SECTION 7: The Mayor shall sign and the City Clerk shall
attest
to
the
passage of this
Ordinance.
The City
Clerk shall
cause
0
the
same
to be published
once in the
official
newspaper of
the City, and it shall be effective thirty (30) days after its
adoption.
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SECTION 8: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach, held on
the 8th day of June , 1992, and adopted on the 22nd day of
June , 1992, by the following vote, to wit:
AYES, COUNCILMEMBERS HEDGES, WATT,
• TURNER, SANSONE, HART, COX, PLUMMER
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
i • IMM
CITY CLERK--
•
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