HomeMy WebLinkAbout2011-30 - Amending Sections 14.12.010, 14.12.090, 14.12.125, 14.20.010, 14.20.020, 14.20.050, 14.20.060, 14.20.070 and Deleting Section 14.20.030ORDINANCE RIO. 2011 -30
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 14.12.010, 14.12.090,
14.12.125, 14.20.010, 14.20.020, 14.20.050,
14.20.060, 14.20.070 AND DELETING
SECTION 14.20.030
WHEREAS, water service installation fees for the installation of a new meter or a
change in meter size to an existing water service, delinquent water service
discontinuance fees and delinquent water service restoration fees are cost -of- services
fees identified in the Master Fee Schedule, which updates are approved by the City
Council; and
WHEREAS, Sections 14.12.010, 14.12.090. 14.12.125 did not previously
specifically reference the Master Fee Schedule for fees; and
WHEREAS, City Council now desire to revise Sections 14.12.010, 14.12.090 and
14.12.125 to reflect the cost of those services, as updated by the Master Fee Schedule;
and
WHEREAS, the 2011 MGT of America, Inc. ( "MGT ") cost -of- services study
separated the charges for water service discontinuance and restoring water service,
and for purposes of restoring water service, identified two separate charges for regular
and non - regular work hours; and
WHEREAS, the City Council desires to revise Sections 14.12.090 and 14.12.125
to separate the charges for water service discontinuance and water service restoration,
and revise Section 14.12.125 to reflect two separate fees for regular and non - regular
work hours for water service restoration; and
WHEREAS, City Council desires to change all references from Public Works to
Municipal Operations Department in Section 14; and
WHEREAS, a consumer's presence is no longer required for meter testing,
meter testing shall be conducted by a contractor selected by the City, and a meter test
deposit is no longer required, Council desires to revise Section14.20.020 to reflect these
items; and
WHEREAS, a meter deposit is no longer required, therefore Council desires to
delete Section 14.20.030; and
WHEREAS, MGT identified a new fee for the Construction Water Meter, and City
Council desires to add Section 14.20.070 to NBMC.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Section 14.12.010, Service Fees, is hereby amended to read as
follows:
A. The fees for the installation of water services, water meters or water services
including meters, or changing the size of those services already in place, shall be paid
in advance.
B. The installation fee for a water service shall be the city's costs including all
labor and materials, plus twenty -five (25) percent of such cost for overhead. The
installation fee shall be as established by the Municipal Operations 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.
C. The installation fee for a new meter or change in meter size to an existing
water service is identified by City Council resolution.
(Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993)
SECTION 2: Section 14.12.090, Delinquent Water Service Discontinuance and
Fees, is hereby amended to read as follows:
14.12.090 Delinquent Water Service Discontinuance and Fees.
A. Water service to any premises may be discontinued 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, or for failure to establish a water service agreement
with the City.
B. The City is not responsible or liable for damage done to the customer's
premises that may result from the discontinuance or restoration of water service
pursuant to this chapter.
C. Service may not be discontinued for nonpayment on any Saturday,
Sunday, legal holiday or at any time during which the business offices of the City are not
open to the public or in any of the following situations:
1. During the pendency of an investigation by the City of a customer
dispute or complaint.
2. When a customer has been granted an extension of the period for
payment of a bill.
3. When such discontinuance would be especially dangerous to the health
of the customer or a full -time resident of the customer's household. Certification from a
licensed physician, public health nurse or social worker may be required by the City.
4. When the customer or full -time resident of the customer's household is
temporarily unable to pay for such service and is willing to arrange installment payments
satisfactory to the City, including arrangements for prompt payment of subsequent bills.
D. The fee for discontinuance shall be the city's costs including all labor and
materials and is identified by Council resolution.
(Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993)
SECTION 3: Section 14.12.125, Delinquent Water Service Restoration
(Delinquent Account Water Turn -On Charge) is hereby amended to read as follows:
A. Service that has been discontinued may not be restored until payment of all
delinquent water service charges, including the restoration charge and $100.00 fine has
been received by the Finance Department.
1. Upon payment, service shall be restored during regular or non - regular
working hours.
2. The restoration charge for meter turn on during regular and non - regular
work hours is identified by Council resolution.
3. Regular work hours are Monday through Thursday 7:00 a.m. to
4:30 p.m. and Friday 7:00 a.m. to 3:30 p.m.
B. Any service wrongfully discontinued shall be restored without charge for the
restoration of service, and a notation thereof shall be mailed to the customer at the
customer's billing address. A credit shall be applied to the customer's next municipal
services bill. The credit shall be set by Council ordinance.
(Ord. 2011 -11 § 2, 2011; Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993)
SECTION 4: Section 14.20.010, Property of City — Damaged or Lost Meters is
hereby amended to read as follows:
A. All meters, unless otherwise authorized by the Utilities Manager, 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.
B. 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 Division 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 14.12.090.
C. 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 city 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.
(Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 2, 1993: Ord. 92 -31 § 15 (part), 1992)
SECTION 5: Section 14.20.020, Meter Tests, is hereby amended to read as
follows:
Where the accuracy of record of a water meter is questioned, it shall be
removed at the consumer's request and shall be tested by a contractor
selected by the city. A report will be provided to the customer. 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 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 city will bear the entire
expense of the test. On the other hand, where no such error is found, the
person who has requested the test can be charged the full fixed costs of
the test.
(Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 5 (part), 1992)
SECTION 6: Section 14.20.030, Meter Test Deposit, is hereby deleted in its
entirety.
SECTION 7: Section 14.20.050, Meter Placement, is hereby amended to read
as follows:
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 City.
SECTION 8: Section 14.20.060, Meters Inside Premises, is hereby amended to
read as follows:
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 city. Failure to make such provisions by the
consumer shall be sufficient cause for removal of such meter at the option of the Utilities
Manager and the withholding of service until connection is made at the curbline as
herein provided.
(Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 5 (part), 1992)
SECTION 9: Section 14.20.070, Construction Water Meter, is hereby added to
the Code:
All persons requesting water from a city owned fire hydrant for the purposes of
construction or other uses shall obtain a construction meter. Individuals who request a
construction meter shall complete an application and pay the appropriate related fees
identified by Council resolution. Applications are available at the Revenue Division
located at City Hall. Once the application and fees have been accepted, a hydrant meter
will be delivered and installed at the site.
SECTION 10: 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 11: The City Council finds that this ordinance is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
SECTION 12: The Mayor shall sign and the City Clerk shall attest to the
passage of this ordinance. The City Clerk shall cause the same to be published once in
the official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 22nd day of November, 2011, and adopted on the 13`h
day of December 2011, by the following vote, to wit:
AYES, COUNCILMEMBERS Hill, xosansky,Gardner,
Selich, Curry, Mayor Henn
NOES, COUNCILMEMBERS Da
ABSENT, COUNCILMEVBERS None
MICHAEL F. HENN, MAYOR
ATTEST:
APPROVED AS TO FORM:
OFFICE OF THE CITY A
1-1� C (/
HARP, CITY A
LEGISLATIVE DRAFT
Sections 14.12.010, 14.12.090, 14.12.125, 14.20.010, 14.20.020, 14.20.030,
14.20.050, 14.20.060, 14.20.070
14.12.010 Service Fees.
A. The fees for the installation of water services, water meters or water services including meters, or
for enlarg ng changing the size of those services already in place, shall be paid in advance.
B. The installation fee for a water service shall be the city's costs, including all labor and materials,
plus twenty -five (25) percent of such cost for overhead.
The installation fee shall be as established by the P+ hl a Wepks Municipal Operations 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.
C The installation fee for a new meter or chance in meter size to an existing water service is identified
by City Council resolution. The anst AR estahUhsd by the Public WaFks DapaptmeRt shall be the
eel FRated ayeF@ge GGSt af deiRg the weFlk, plus twenty five (25) peFGeAt, and shall be FAv Red fpmFn tiMe tq
(Ord. 96 -22 § 1 (part),
1996: Ord. 92 -56 § 1 (part), 1993)
14.12.090 Delinquent Water Service Discontinuance and Fees.
A. Water service to any premises may be discontinued 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, or for failure to
establish a water service agreement with the City.
B. The City is not responsible or liable for damage done to the customer's premises that may result from
the discontinuance or restoration of water service pursuant to this chapter.
C. Service may not be discontinued for nonpayment on any Saturday, Sunday, legal holiday or at any
time during which the business offices of the City are not open to the public or in any of the following
situations:
1. During the pendency of an investigation by the City of a customer dispute or complaint.
2. When a customer has been granted an extension of the period for payment of a bill.
3. When such discontinuance would be especially dangerous to the health of the customer or a
full -time resident of the customer's household. Certification from a licensed physician, public health
nurse or social worker may be required by the City.
4. When the customer or full -time resident of the customer's household is temporarily unable to
pay for such service and is willing to arrange installment payments satisfactory to the City, including
arrangements for prompt payment of subsequent bills.
D. The fee for discontinuance shall be the city's costs including all labor and materials and is identified
by Council resolution.
(Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993)
14.12.125 Delinquent Water Service Restoration (Delinquent Account Water Turn -on ChargJe .
A. Service that has been discontinued may not be restored until payment of all delinquent water service
charges, including the restoration charge and $100.00 fine, has been received by the ACIPR aistratfva
Services Finance Department.
1. Upon payment, service shall be restored during regular or non - reaular working hours.
2. The restoration charge for meter turn on during regular and non - regular work hours is
identified by Council resolution.
3. Regular work hours are Monday through Thursday 7 00 a.m. to 4:30 p.m, and Friday 7 00 a.m.
to 3:30 p.m.
B. Any service wrongfully discontinued shall be restored without charge for the restoration of service,
and a notation thereof shall be mailed to the customer at the customer's billing address. A credit shall be
applied to the customer's next municipal services bill. The credit shall be set by Council ordinance. (Ord.
2011 -11 § 2, 2011; Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 1 (part), 1993)
14.20.010 Property of City— Damaged or Lost Meters.
A. All meters, unless otherwise authorized by the Utilities Manager, 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.
B. 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
Division 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 14.12.090.
C. 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 I It lit Ps v sion ci�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. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -56 § 2, 1993: Ord. 92 -31 § 15 (part), 1992)
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 R h s pFeS8RGe be tested by _a contractor selected by the citV IR the 9110e9 Af thR
A report will be Provided to the
customer. thsFeen- dale- aaade- 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 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 ✓ Itilit es Dv sea ci�will bear the entire expense of the test,
On the other hand, where no such error is found, the person who has
requested the test can be charged the full Shall pay the chaFgas fixed costs fec -saskt of the test. (Ord. 96-
22 § 1 (part), 1996: Ord. 92 -31 § 5 (part), 1992)
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
city Divis err. (Ord. 96 -22 § 1 (part), 1996: Ord. 92 -31 § 5 (part), 1992)
14.20.070 Construction Water Meters.
All persons requesting water from a city owned fire hydrant for the purposes of construction or other uses
shall obtain a construction meter. Individuals who request a construction meter shall complete an
application and pay the appropriate related fees identified by Council resolution Applications are
available at the Revenue Division located at City Hall Once the application and fees have been accepted
a hydrant meter will be delivered and installed at the site
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordnance No. 2011 -30 was duly and regularly introduced on the 22nd day of November, 2011,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 13Lh day of December, 2011, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn
Noes: Daigle
Absent: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
nffirial seal of said City this 14th day of nerember. 2011. . ^^�II
V W��/IIW �- 6wr—/- Cit Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2011 -30 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
Introduced Ordinance: November 26, 2011
Adopted Ordinance: December 17, 2011
In witness whereof, I have hereunto subscribed my name this 01 day of °LLUJI
2011. J
A�j - -
City Clerk
City of Newport Beach, California