§ 11-1.14. Rules and Regulations.

In addition to all other provisions and requirements of this chapter, the Council may, from time to time by resolution, establish additional rules and regulations concerning the operation of the municipal water system, the use of water, and water conservation. These provisions shall apply to all property owners, customers and water users regardless of whether the property owner, customer, or water user shall have a contract for water service with the City or not. Failure to comply with any provision, requirement, rule, or regulation under this chapter shall be unlawful and may be punishable as an infraction.

(a)

Should the Director of Utilities, or his/her designee, determine that any water user has committed acts which violate the regulations of the drought contingency plan, as provided by resolution, the water user and property owner shall be notified in the following manner:

(1)

Shall be served with a notice of violation either personally, by mail, or by posting such notice at the water user's, customer's or property owner's business or place of residence. Such notice shall:

(i)

Identify the date, time, and circumstances of violation.

(ii)

Notify that further violations may result in penalty fees being assessed.

(2)

Should a water user violate the regulations of the drought contingency plan after being served with a notice of violation, that water user and property owner shall be served with a notice of intention to impose a penalty. Said notice shall:

(i)

Identify the date, time, and circumstances of violation;

(ii)

State the amount of penalty to be imposed;

(iii)

Advise the water user, customer or property owner of his/her appeal rights as provided herein.

The notice of intention to impose a penalty shall be served in the same manner as the notice of violation.

(3)

After a notice of intention to impose a penalty is served, a penalty shall be assessed to the utility account of the water user in an amount as set by Council resolution from time to time. Penalties will be assessed for violations occurring within a one (1) year time period and will be progressive in nature. The penalty may be collected in the same manner as any unpaid water service charges.

(4)

A water user, customer, or property owner shall have the right to appeal either the notice of violation or the imposition of the penalty assessed to his/her utility account. The water user or property owner must request an appeal hearing in writing within fifteen (15) days from the date of service of the notice of violation; or within fifteen (15) days of the service of the notice of intention to impose a penalty. The request for hearing shall be addressed to the Director of Utilities and shall be deemed served only when received by the City. Failure to properly serve the request for hearing within the fifteen (15) day period shall be deemed a waiver of the right to appeal the matter, and the penalty will be assessed against the property owner's, customer's or water user's account.

(5)

The appeal hearing shall be held before the Director of Utilities, or his/her designee, who shall make a factual finding on the existence of a violation in this matter. The water user, customer, or property owner shall be allowed to present such witnesses and evidence as he/she may desire and may be represented by an attorney or other representative of his/her choosing. The hearing officer shall give written notice by mail to the property owner, customer or water user of the date and time of the appeal hearing. Said hearing shall not be held sooner than ten (10) days from receipt of the request for hearing and not longer than thirty (30) days. The decision of the hearing officer shall be final. If a violation is found the penalty shall be assessed to the property owner's, customer's or water user's account.

(6)

The City Council hereby designates the Water Division personnel as the persons authorized to investigate violations and to serve any notices required by the provisions of this subsection.

(b)

All water services installed shall have a wheel valve where the service pipe enters the house and/or structure.

(c)

No person shall supply water in any way for use outside of the premises to which the service is assigned or appurtenant except by permission from the Director of Utilities.

(d)

Access to service connections and water meters must be provided at all times.

(e)

All water users, customers and property owners must keep the service pipes in good order at their own expense and may be held liable for damages which may result from their failure to do so. When leaky faucets or fixtures are discovered and not immediately repaired, the water service may be disconnected. Authorized employees of the City of Modesto shall be admitted at all reasonable hours to all parts of any premises supplied with water, except the interior of dwellings, but including the meter box, to see that the regulations contained in this chapter are observed and complied with.

(f)

It shall be unlawful for any person to interfere with the City service lines, valves or meters or to construct a bypass around a meter or service.

(g)

In making plumbing connections, the water user, customer and property owner shall comply with the regulations of the State and County Department of Public Health and the State Water Resources Control Board. Such regulations prohibit (1) unprotected cross-connections between a public supply and any unapproved source of water and (2) water service to premises where there is a possibility of contaminated water backflowing into the public water system. In addition, approved backflow assemblies shall be installed on water services when (1) another source of water, whether cross-connected or not, is in use or is available for use; or (2) contaminating liquid substances of any kind are used, produced or processed. The City's Cross Connection Specialist or designee shall determine the type, design and layout of backflow prevention assemblies required at each premises; and the assemblies shall be installed at the expense of the water user, customer and property owner. The control assemblies shall be inspected, tested and approved by the City's Cross Connection Specialist or designee as a condition of service to the premises.

(h)

Regulations of the State Water Resources Control Board require the water user and property owner at premises on or for which backflow prevention assemblies are installed to inspect these assemblies for water tightness and tested for reliability at least once per year or more often depending on conditions and to take corrective actions as required to maintain the integrity of the domestic water system.

(1)

As a condition of connection to the municipal water system, the City reserves the right at all time to inspect and test all backflow prevention assemblies maintained by water users and property owners and to undertake corrective actions up to and including termination of water service to a non-compliant water user and/or property owner until the corrective action is taken. All costs incurred by the City performing such tests and taking such corrective action shall be a cost of the water user and property owner as set forth below. If a City inspection cannot be made without undue difficulty because of an obstruction or other interference, the property owner and/or water user will be notified and requested either to correct the condition or have the inspection made at his/her own expense and witnessed by the City.

(2)

Annually, the City will provide customers or property owners of any premises on or for which backflow prevention assemblies are installed with a "Notification of Annual Compliance Testing" which shall require that the backflow assembly be tested within thirty (30) days of the notice. Inspections and testing shall be done by persons certified with the State of California as a Backflow Prevention Assembly Tester and on the City's certified testers list. City will be notified of the results of the test and any corrective action taken by the Tester.

(3)

If testing indicates that the assembly(s) fail, the City shall notify the property owner, customer or water user of the inspection findings, listing the corrective actions to be taken. Within thirty (30) days of this inspection findings notice, property owner, customer or water user must complete all corrective actions including the installation of backflow assemblies and provide notice to the City of such corrective action taken.

(4)

If no inspection or testing is arranged to be performed by the property owner and/or water user within thirty (30) days of Notification of Annual Compliance Testing, the City will arrange testing, necessary repairs and if necessary order that the property owner, customer or water user replace a failed backflow assembly(s) with all costs and fees incurred to be charged as provided in subsection (6).

(5)

Whenever after providing the notices set forth above, the City is required to undertake inspection, testing or corrective action of a backflow prevention assembly due to the failure of the property owner, customer or water user to arrange to have such inspection, testing and or corrective action taken, the property owner, customer or water user shall incur a processing fee charge and shall be required to reimburse all costs incurred by the City.

(6)

All processing fees, any other fees and all costs incurred by the City for the corrective actions required to be made in order to be in compliance and costs incurred by the City enforcing and/or implementing the provisions of this subsection (h) shall be invoiced to the property owner, customer or water user separate from the water user's utility billing account and shall become a civil debt of the owner and water user to the City. After invoice, any amount unpaid shall be collected pursuant to the provisions of Chapter 6 of Title 11 of the Municipal Code.

(i)

When the City finds water uses that represent a clear and immediate hazard to the potable water supply that cannot be immediately abated, the City shall institute the procedure for discontinuing water service. Conditions or water uses that create a basis for water service termination shall include, but are not limited to, the following items:

(1)

Property owner, customer or water user refusal to install a required backflow assembly device,

(2)

Property owner, customer or water user refusal to test a backflow assembly device,

(3)

Property owner, customer or water user refusal to repair a faulty backflow assembly device,

(4)

Property owner, customer or water user refusal to replace a faulty backflow assembly device,

(5)

Direct or indirect connection between the public water system and a sewer line,

(6)

Unprotected direct or indirect connection between the public water system and a system or equipment containing contaminants,

(7)

Unprotected direct or indirect connection between the public water system and an auxiliary water system,

(8)

A situation which presents an immediate health hazard to the public water system.

For conditions 1-4, The City will take corrective actions at the customer, water user or property owner's expense including applicable fees. The City shall reserve the right to terminate water services to the affected property owner, customer or water user until the corrective action is taken.

For conditions 5-8, the City will take the following steps: (1) make reasonable effort to advise property owner, customer or water user of intent to terminate water service; and (2) terminate water supply and lock service valve. The water service will remain inactive until correction of violations has been approved by the City's Cross Connection Specialist or designee.

(j)

Independent fire sprinkler systems and private fire hydrant systems shall have a "double-check detector backflow assembly" installed in the service. If the City's Cross Connection Specialist or designee determines that an independent fire sprinkler system or private fire hydrant system is being used for other than fire prevention and suppression purposes, he/she may install an appropriate backflow assembly. The cost of such installation shall be paid by the property owner, customer or water user.

(k)

When a water connection fee is paid for a particular parcel, it shall be credited to subsequent owners of that parcel. Refunds shall be made for duplicate payments. Additional fees will be required where there are zoning, use or density changes that will increase the fees.

(l)

If a property owner, customer or water user refuses or fails to eliminate a cross-connection and disconnecting water service would cause significant disruption to building occupants and/or emergency response agencies, the Director of Utilities may test, repair and/or replace a Backflow Prevention Assembly, or take other required action to eliminate the cross-connection. The property owner, customer or water user shall be required to pay for all costs of such action.

(m)

Whenever the Director of Utilities determines that an existing or potential unprotected cross-connection poses an imminent risk of hazard to the Public Water System and requires immediate abatement, the Director of Utilities may immediately shut off water service to the property at the meter until the cross-connection has been eliminated and necessary payments have been made for turn-on services as specified under regulations adopted by the Director of Utilities.

(Ord. 1069-N.S., amended by Ord. 430-C.S., Ord. 850-C.S., Ord. 1050-C.S., Ord. 1443-C.S., Ord. 1619-C.S., Ord. 1620-C.S., Ord. 1971-C.S., § 1, Ord. 2088-C.S., § 1, Ord. 2440-C.S., § 1, Ord. 2607-C.S., § 1, Ord. 2656-C.S., § 1, Ord. 2704-C.S., § 1, Ord. 2711-C.S., § 1, Ord. 2725-C.S., § 1, Ord. 2734-C.S., § 1, Ord. 2763-C.S., § 1, Ord. 2877-C.S., § 1, Ord. 3133-C.S., § 1, Ord. 3280-C.S., § 1, and Ord. 3368-C.S., § 1, effective 12-9-04; Ord. 3678-C.S., § 1, effective 10-26-17)