Summary of an Ordinance

11/23/2011

 

BEAR VALLEY COMMUNITY SERVICES DISTRICT
SUMMARY OF ORDINANCE AMENDING SECTION 1-5-6 AND TITLE 7 CHAPTER 1 OF THE BEAR VALLEY CSD MUNICIPAL CODE AS IT AFFECTS BOARD OFFICERS AND ORGANIZATION OF THE
WATER DEPARTMENT
 
 
The Bear Valley Community Services District Board of Directors unanimously approved the Ordinance 11-237 revising the district code language to include the succession of board directors to the office of president and vice president to cover such circumstances as resignations. It also changes the language regarding the organization and manning of the water department which was substantially out of date. (Vote: Ayes: Zanutto, Romano, Mason, Morgan, Shea).
 
The ordinance was introduced for its first reading at a regular meeting of the Board of Directors held on October 6, 2011. The second reading for adoption of the ordinance was held at a regular meeting of the Board of Directors on November 10, 2011.
 
Copies of the ordinance are available at the District’s office located at 28999 South Lower Valley Road, Tehachapi, California, or you may call (661) 821-4428 during normal business hours. It is also posted on the District’s website at www.bvcsd.com.
 
Sandy Janzen, Assistant General Manager and Secretary to the Board of Directors of the Bear Valley Community Services District

 

ORDINANCE NO. 11-237  
 
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE BEAR VALLEY COMMUNITY SERVICES DISTRICT
AMENDING SECTION 1-5-6 AND TITLE 7 CHAPTER 1 OF THE BEAR VALLEY CSD MUNICIPAL CODE AS IT AFFECTS BOARD OFFICERS AND ORGANIZATION OF THE WATER DEPARTMENT
 
            WHEREAS, Sections 1-5-6 of the district code has been determined to insufficiently address accession to the board offices of president and vice-president; and
 
            WHEREAS, Section 7-1-2 of the district code does not accurately describe the organization of the water department; and
 
            WHEREAS, the Board of Directors desires the reorganization of Title 7, Chapter 1 to provide better clarification;
            NOW, THEREFORE, the Board of Directors does ordain as follows:
 
Section 1. Section 1-5-6 and 7-1 of the Bear Valley Community Services District Ordinance Code are hereby amended as follows:
1-5-6: BOARD OFFICERS:
 A. Officers Elected: The following board officers are hereby established: president, vice president, treasurer and secretary.
B. Time of Election: All board officers shall be elected by the board of directors and shall assume office annually at the first meeting in December of each year, which, when occurring after a general election, shall occur within forty five (45) days of the general election. In the event that a board officer permanently leaves office (death, disability, resignation, etc) the board may either schedule an additional election or fill the vacancy by appointment.
C. President: The president shall be the chairman of all meetings of the board and shall execute all resolutions and contracts adopted by the board and perform all other acts required by law. If questions arise from the press or public, the board president will decide who answers.
D. Vice President: The vice president of the board shall serve as chairman at board meetings in the absence of the president. He shall execute all resolutions and contracts adopted by the board in the president's absence and shall perform all other acts required by law. In the event that the president leaves the board permanently (death, disability, resignation, etc) the vice president shall assume the office and title of president for the remainder of the term. A new vice president will be appointed by the board at the next regular or special board meetings.
 
E.   Secretary: The secretary of the board shall record accurate minutes of all board meetings reflecting the roll call, all motions, all actions taken and attest to the signature of the president on all district documents required to be executed by the president. The secretary shall not be a member of the board. (Ord. 09-230, 1-8-2009)
F.   Treasurer: The treasurer shall maintain accurate records of the financial condition of the district and annually report thereon in writing to the board. The treasurer shall install and maintain a system of accounting which shall at all times show the financial condition of the district. The treasurer shall recommend appropriate action to be taken regarding the investment of district funds. The treasurer shall not be a member of the board.
7-1-1: SHORT TITLE:
This Chapter shall be known and may be cited as the BEAR VALLEY COMMUNITY SERVICES DISTRICT WATER SERVICE ORDINANCE. (Ord. 09-230, 1-8-2009)
7-1-2: WATER DEPARTMENT:
A.    Creation: A water department is hereby created.for the purpose of distributing water for public and private use.
 
B.     Performance of Duties: The duties of the water department may be performed by existing district employees in addition to their other duties, or by any additional employee(s).
 
     1. Inspections: The general manager or his designee shall periodically inspect the district to see that all users within the district are in compliance with the provisions of this chapter, to note any violations of any of the provisions of this chapter and to promptly address any violations of any of the provisions of this chapter.
     2. Billing: District office personnel shall compute, prepare, and mail bills as hereinafter described, make and deposit collections, maintain proper books of account, collect, account for and refund deposits, do whatever else is necessary to set up and maintain an efficient and economical bookkeeping system, and perform any other duties now or hereafter prescribed by the board of directors. (Ord. 04-208, 9-11-2004)
7-1-3: APPLICATION FOR WATER SERVICE; MAIN EXTENSION NOT REQUIRED:
A.    Application for Water Service: Applications for regular water service, where no main extension is required, shall be made upon a form provided by the district. (Ord. 4, 11-12-1970)
 
B.    Compliance by Applicant; Service Deposit Required:
 
1. Application for service signifies the applicant's willingness to comply with the terms and conditions of service.
 
2. The district shall require a deposit prior to furnishing water service for any applicant who has a history of nonpayment. The amount of the deposit shall be established from time to time by resolution of the board. A deposit shall also be required to continue service to any customer who has been delinquent for more than one billing period and whose service has been discontinued for nonpayment.
 
3. The deposit shall be returned to the customer, without interest, upon discontinuance of water service or when the customer has paid all bills in a timely manner for twelve (12) consecutive months. (Ord. 92-82, 5-15-1992)
 
C.    Payment for Previous Service: An application will not be honored unless payment in full has been made for water service previously rendered to the applicant by the district.
 
D.   Installation of Service: Regular water services will be installed at the location desired by the applicant of the size determined by the water department. Service installations will be made only to property abutting on such distribution mains as may be constructed in public streets, alleys or easements, at the convenience of the water department. Services installed in new subdivisions prior to the construction of streets or in advance of street improvement must be accepted by the customer in the installed location. All pipes and fixtures extending or lying beyond the service connection shall be installed and maintained by the customer.
 
E.    Size and Location: The district reserves the right to determine the size of service connections and their location with respect to the boundaries of the premises to be served. The laying of customer's pipeline to the curb should not be done until the location of the service connection has been approved by the water supervisor.
 
F.    Changes in Customer's Equipment: Customers making any material change in the size, character or extent of the equipment or operations utilizing water service, or whose change in operations results in a large increase in the use of water, shall immediately give the district written notice of the nature of the change and, if necessary, amend their application.
 
G.   Connection Charges: Charges for connections shall be paid to the district at the time of making application.
 
H.   Deposit Required For Certain Connections: Where applicant desires a connection for which the service lateral, curb stop and meter box have not previously been installed, an amount equal to the estimated cost of such facilities plus ten percent (10%) thereof, shall be deposited, and the balance, if any, refunded upon connection being made.
 
I.     Authorized Installers: Only duly authorized employees or agents of the district will be authorized to install service connections.
 
J.     Domestic, Commercial And Industrial Service Connection: It shall be unlawful to maintain a connection excepting in conformity with the following rules:
 
1. Separate Building: Each building under separate ownership must be provided with a separate service connection. Two (2) or more buildings under one ownership and on the same premises may be supplied through the same service connection; provided, that an additional minimum may be applied to the single meter serving said buildings, or a separate service connection may be provided for each building. The board reserves the right to limit the number of buildings or the area of land under one ownership to be supplied by one service connection.
 
2. Single Connection: Not more than one service connection for domestic or commercial supply shall be installed for one building, except under special conditions.
 
3. Different Owners: A service connection shall not be used to supply adjoining premises of a different owner or to supply premises of the same owner across a street or alley.
 
4. Divided Property: When property provided with a service connection is divided, each service connection shall be considered as belonging to the closest resulting lot or parcel. (Ord. 4, 11-12-1970)
 
K.   Building Prohibited without Water Service: No dwelling or other building may be constructed on any lot or parcel without a water meter installed at the site. All application fees, including connection and capacity fees, must be paid before construction commences. (Ord. 99-145, 2-10-1999)
 
L.    Metered Service: Water service shall not be supplied except through a water meter      installed pursuant to this chapter. Any premises receiving water in violation of this section shall be subject to immediate disconnection. Reconnection shall not be made until receipt of application pursuant to this chapter and all applicable costs and charges have been paid. (Ord. 4, 11-12-1970)
7-1-4: APPLICATION FOR SERVICE; MAIN EXTENSION REQUIRED: 
A.   Main Extensions: The following rules are established:
 
1. Determination: Upon receipt of any application for water service or request for an application form, the general manager shall determine whether in his judgment a main extension is necessary to provide service. A main extension shall be installed in the manner provided in this section whenever, in the judgment of the general manager and the board, such main extension is necessary to provide regular water service to property described in such application or request.
 
2. Application: Any owner of one or more lots or parcels or sub-divider of a tract of land where, in the opinion the general manager, one or more main extensions is required, desiring regular water service to serve such property, shall make a written application therefore to the district, said application to contain the legal description of the property to be served and tract number thereof, and any additional information which may be required by the district, and be accompanied by a map showing the desired location of the proposed connections.
 
3. Investigation: Upon receipt of the application, the general manager shall make an investigation and survey of the proposed extension and shall submit his opinion and the estimated cost thereof to the board.
 
4. Ruling: The board shall thereupon consider such application and report, and after such consideration, reject, amend or approve the application.
 
5. District Lines: All extensions thus provided for, in accordance with these regulations, shall be and remain the property of the district.
 
6. Dead-End Lines: No dead-end lines shall be permitted, except as recommended by the general manager and approved by the board. In cases where, subsequent to the approval of a dead-end line by the board, another dead-end line is planned in sufficient proximity to make connection feasible, and such connection is recommended by the engineer and approved by the board, the dead-end lines shall be connected. In cases where circulation lines are necessary, they shall be designed and installed by the water department as a part of the cost of extension.
 
7. Extent and Design: All main extensions shall extend to the far property line of developed property. If additional property is developed on the same lot after installation of a main extension, the main extension shall be extended to the far property line of the additionally developed property. All main extensions shall be subject to design approval by the general manager and the board.
 
8. Assessment District: At the discretion of the board, all necessary facilities for providing water service when a main extension is required may be installed by special assessment proceedings and issuance of assessment bonds.
 
B.    General: The district will provide all main extensions upon application for service and approval thereof by the board; except however, that the board may authorize the construction of the extension by the owner upon terms satisfactory to the district, including the provision of acceptable plans, and authorize the payment of an appropriate portion of the cost of such extension.
 
C.    Determination: If, in the opinion of the board, the cost thereof is in excess of what it is prepared to advance, or it questions the economic advantage to the district of making such advance, it shall determine the cost of such extension including all engineering, inspection and other expenses necessary or desirable in connection therewith.
 
D.   Advance Cost: When the board so determines, the applicant shall advance the amount of the estimated cost of such extension including all engineering, inspection and other expenses necessary or desirable in connection therewith together with connection charges provided for by ordinance, and the line shall be installed by the district. If the amount of the advance deposit exceeds the actual cost of construction, engineering, legal, inspection and other charges attributable to the extension, the balance shall be refunded. If the amount of the deposit is insufficient to pay all the costs of construction, engineering, legal, inspection and other charges attributable to the extension, the applicant shall advance a sum sufficient to pay all such costs to the district prior to the acceptance of the extension by the district.
 
E.    Refund Agreement: Refunds will be made to the property owner or owners who have paid for an extension either from the proceeds of bonds issued therefore or as follows: where the cost of the extension has been deposited or paid for, the district shall thereafter, but not for longer than fifteen (15) years after the date such extension is originally connected to the district's water system, collect from any water user connecting to such main extension, a share of the cost contributed for such extension, as approved by the district, to the extent that the district's right-of-service charges collected from such water users exceed the cost of the main extension and other facilities necessary to serve such water users. The district does not hereby agree to have a right-of-service charge or that said charge shall be calculated to be sufficient for refund purposes. Such sums as are thus actually received by the district shall be paid or credited by the district in favor of the persons entitled thereto. Where different owners contributed towards the making of the extension, such sums shall be refunded to such owners or their successors in interest pro rata according to the amounts which they severally contributed toward the cost of the extension. The district shall in no way be obligated to assure that the owner or owners making such extension are paid the total or any costs thereof nor to initiate any action nor incur any expense to collect any sum to be paid such owner or owners; nor shall refund be made from any revenues derived from water service or connection charges, but solely from right-of-service charges or from the proceeds of bonds issued for such purposes. (Ord. 4, 11-12-1970)
 
7-1-5: GENERAL RESTRICTIONS; REQUIREMENTS:
 
A.   Water System: The district will furnish a system, plant, works and undertaking used for and useful in obtaining, conserving, and distributing water for public and private uses, including all parts of said system, all appurtenances to it, and lands, easements, rights in land, water rights, contract rights, franchises, and other water supply, storage and distribution facilities and equipment.
 
B.    Pressure Conditions: All applicants for water service connections, and all water service users shall accept such conditions of pressure and service "as is" as are provided by the distribution system. All applicants and users shall hold the district harmless for any damages arising out of unusual or changed pressure conditions. The district assumes no responsibility for any loss or damage due to lack of water, lack of pressure, or any high or low water pressure.
 
C.    Maintenance of Water Pressure and Shutting Down for Emergency Repairs: The district shall not accept any responsibility for the maintenance of pressure and it reserves the right to discontinue or reduce service while making emergency repairs or for any other purposes that the district deems necessary. Users dependent upon a continuous supply of water or water pressure should store an emergency supply of water.
 
D.   Minimum System Pressure:
 
1. The district's goal for minimum satisfactory static pressure for water service is twenty (20) pounds per square inch (psi). Applicants for water service to areas where the goal of minimum satisfactory pressure cannot be obtained under normal working conditions may obtain service only if appropriate additional facilities are installed to the satisfaction of the district or if the applicant executes an elevation agreement with the district.
 
2. If the applicant proposes to install additional facilities in order to achieve minimum satisfactory pressure, the design and operation of such facilities shall be reviewed and approved by the superintendent of public works. Construction shall not begin on any additional facilities until the applicant has received the district engineer's approval.
 
3. If the applicant proposes to enter into an elevation agreement with the district, said agreement shall be in the form which may be recorded in the county recorder's office. Consistent with all relevant laws, the district has the discretion to enter into, modify or reject any proposed elevation agreement.
 
E.    Tampering with District Property: No one except an employee or representative of the board shall, at any time, in any manner, operate the curb cocks or valves, main cocks, gates or valves of the district's system; or interfere with meters or their connections, street mains or other parts of the water system. Violation of this subsection shall constitute a misdemeanor pursuant to California Government Code section 61064.
 
F.    Responsibility to Protect Customer Water System: All applicants for water service and all water service users shall be responsible to protect his/her entire water system against any circumstance described in this section. The "water system of an applicant or user" is defined as all pipelines and appurtenant facilities from (but not including) the meter used to extend water service from a distribution main to the customer's premises, at or near the property line. All applicants and users are required to install on the applicant's/user's side of the water system a water pressure regulator to maintain the water pressure.
 
G.   Relief on Application: When any person by reason of special circumstances is of the opinion that any provision of this chapter is unjust or inequitable as applied to his or her premises, he or she may make written application to the board, stating the special circumstances, citing the provision complained of, and requesting suspension or modification of that provision as applied to his or her premises. If such application be approved, the board may, by resolution, suspend or modify the provision complained of, as applied to such premises, to be effective as of the date of the application.
 
H.   Relief on Own Motion: The board may, on its own motion, find that, by reason of special circumstances, any provision of this regulation and chapter should be suspended or modified as applied to a particular premises and may, by resolution, order such suspension or modification for such premises.
 
I.     Ruling Final: All rulings of the board shall be final. All rulings of the general manager shall be final unless appealed in writing to the board within five (5) days. When appealed, the board's ruling shall be final. (Ord. 09-230, 1-8-2009)
7-1-6: USE REGULATIONS:
A.   Number of Services per Premises: The applicant may apply for as many services as may be reasonably required for his premises; provided, that the pipeline system from each service be independent of the others and that they not be interconnected.
 
B.    Water Waste: No customer shall knowingly permit leaks or waste of water. Where water is wastefully or negligently used on a customer's premises seriously affecting the general service, the district may discontinue the service if such conditions are not corrected within five (5) days after giving the customer written notice.
 
C.       Responsibility for Equipment on Customer Premises: All facilities installed by the district on private property for the purpose of rendering water service shall remain the property of the district and may be maintained, repaired or replaced by the water department without consent or interference of the owner or occupant of the property. The property owner shall use reasonable care in the protection of the facilities. No payment shall be made for placing or maintaining said facilities on private property. No person shall place or permit the placement of any object in a manner which will interfere with the free access to a meter box or will interfere with the reading of a meter. Easements and rights of way are to be kept free of encroachment of any kind, and the district shall have full access thereto, and any obstructions shall be removed at the expense of the owner.
 
D.   Damage To Water System Facilities: The customer shall be liable for any damage to the water service facilities when such damage is from causes originating on the premises by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of locks by the customer or others on or near a meter, and any damage to a meter that may result from hot water or steam from a boiler or heater on the customer's premises. The district shall be reimbursed by the customer for the actual costs, including, but not limited to, labor and materials, for any damage on presentation of a bill.
 
E.    Ground Wire Attachments: All persons are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the district; the district will hold the customer liable for any damage to its property occasioned by such ground wire attachments; and neither the district nor its officers, agents, or employees shall incur any liability of any nature whatsoever by reason of the use of any facility for grounding purposes which is or may be connected to the district's system.
 
F.    Control Valve on Customer Property: The customer shall provide a valve on his side of the service installation as close as is practicable to the meter location, street, highway, alley, or easement in which the water main serving the customer's property is located, to control the flow of water to the piping on his premises. The customer shall not use the service curb stop to turn water on and off for his conveniences. If the customer requests that the district provide and install the control valve, the customer shall pay the fee set forth in subsection 7-2-3C of this title before installation of the control valve.
G.   Cross Connections:
 
1. Purpose: This subsection is adopted to protect the public water supply against actual or potential cross connection by isolating contamination which may occur because of undiscovered or unauthorized cross connections. This subsection is also adopted to eliminate existing cross connections between drinking water systems and other sources of water supply which are not approved as safe and potable for human consumption. These regulations are adopted pursuant to the California Administrative Code, title 17.
 
2. Definitions: The following terms have been defined in the California regulations relating to cross connections as set forth in title 17 of the California Administrative Code. The definitions for these terms as set forth in the administrative code are hereby adopted:
a. Air gap separation;
b. Approved backflow prevention device;
c. Approved water supply;
d. Auxiliary supply;
e. AWWA standard;
f. Backflow;
g. Contamination;
h. Cross connection;
i. Double check valve assembly;
j. Health agency;
k. Local health agency;
l. Person; (only for this section)
m. Premises;
n. Public water supply;
o. Reclaimed water;
p. Reduced pressure principle backflow prevention device;
q. Service connection;
r. Water supplier; and
s. Water user.
 
3. Prohibition: It is unlawful for any person at any time to make or maintain or cause to be made or maintained, temporarily or permanently, any cross connection between the water system served with water by the district and any other source of water supply, or to maintain any sanitary fixture or other appurtenance or fixture which, by reason of their construction, may cause or allow backflow of water or other substances into the water supply system of the district or the water supply system of any customer of the district.
 
4. Cross-Connection Protection:
a. Installation at Owner's Expense: Whenever backflow protection has been found necessary to protect against cross-connections, the district will require the water user to install an approved backflow prevention device at the customer's expense as a condition of continued service or before new service will be rendered. Whenever backflow prevention has been found necessary on a water supply line entering a water user's premises, any and all water supply lines from the district's mains entering such premises shall be protected by an approved backflow prevention device installed in accordance with the requirements of this subsection.
 
b. Backflow Protection Devices Required: Backflow protection devices are required when the district supplies water to premises under the following circumstances:
 
(1) The premises have an auxiliary water supply unless the auxiliary water supply is accepted as an additional source by the district and is approved by the public health agency with jurisdiction by law.
 
(2) Substances are handled on the premises in such a fashion as may allow its entry into the water system, including the handling of process waters and waters originating from the district water system which have been subjected to deterioration in sanitary quality.
 
(3) The premises have internal cross-connections that cannot be permanently corrected or controlled to the satisfaction of the health agency with jurisdiction by law, or intricate plumbing or piping arrangements exist, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not cross-connections exist.
 
c. Type of Protection Required: The type of protection that shall be provided to prevent backflow shall be commensurate with the degree of hazard that exists on the customer's premises. Title 17 of the California Administrative Code specifies the types of systems to be installed under varying circumstances.
 
5. Backflow Prevention Devices:
 
a. Approval by District: Only backflow prevention devices which have been approved by the district shall be installed by the water user. The district will provide a list of approved backflow prevention devices to customers upon request.
 
b. Installation: Backflow prevention devices shall be installed as required by title 22 of the California Administrative Code. The devices shall be located as close as practicable to the user's connection. The district shall determine the required location of the backflow prevention device.
 
c. Testing Devices: The owner of any premises on which a backflow prevention device is installed shall have the devices tested by a qualified person immediately after installation, relocation or repair and at least annually thereafter. The district may require more frequent testing. A report in a form acceptable to the district shall be filed with the district each time a device is tested. The devices shall be serviced, overhauled and replaced whenever found to be defective. All cost of testing, repair and maintenance shall be borne by the water user. The district will supply water users with a list of persons qualified to test backflow prevention devices.
 
d. Removal, Relocation of Devices: No device shall be removed, relocated or replaced without District approval. Devices shall be removed only upon the presentation of satisfactory evidence showing that a hazard no longer exists and is not likely to be created in the future.
 
6. User Supervision: The District may require the water user to designate a supervisor responsible for monitoring compliance with this Chapter when water is supplied to property owned or occupied by several residents. If a supervisor is required, the supervisor shall be the responsible agent of the water user with respect to compliance with this subsection.
 
7. Administrative Procedures:
 
a. System Survey:
 
(1) Requests for New Service: The district shall review all requests for new service to determine if backflow prevention is required. Plans and specifications shall be submitted upon request for review of possible cross-connection hazards. If it is determined that a backflow prevention device is necessary to protect the public water system, the required device shall be installed before service commences.
 
(2) Inspection: The district may require on-premises inspection and re-inspection to evaluate cross-connection hazards. Such inspection shall be preceded by adequate notice to the property owner. If the property owner refuses to permit the district to inspect the property, the district shall either: obtain an inspection warrant and inspect the property or, refer the matter to appropriate health officials.
 
b. Customer Notification:
 
(1) Corrective Action: The district shall notify the water user of its findings and corrective action to be taken under this chapter. If no action is taken by the water user within sixty (60) days of this notice, a second notice will be given to the water user. If corrective action still is not taken within two (2) weeks of the second notice, the district shall commence proceedings to terminate water service.
 
(2) Notice Of Device Testing: The district shall also notify each affected water user when backflow prevention devices shall be tested. If the backflow devices are not tested within thirty (30) days of the notice, the district will provide the water user with a second notice of the required work. If the devices are not tested within two (2) weeks after the second notice, the district will commence proceedings to terminate service.
 
8. Termination:
 
a. Notification of Termination: If the district determines that a violation of this subsection exists, and that such violation poses an immediate threat to the public health, the district shall attempt to notify the water user of the district's intention to terminate service. The district shall make every effort to provide the water user with twenty four (24) hours' prior notice of termination. However, service shall be terminated whether or not the notice is successful.
 
b. Violations: If the district determines that this subsection has been violated but the violation does not constitute an immediate threat to the public health, service shall be terminated in accordance with district procedures dealing with other types of violations of the district's water rules and regulations. (Ord. 74, 5-14-1988)
 
9. Compliance with State and Federal Laws: The customer must comply with the State and Federal laws governing the separation of dual water systems or installation of backflow protective devices to protect the public water supply from the danger of cross-connections. Backflow protective devices must be installed as near the service as possible and shall be open to test and inspection by the water department. Plans for installation of backflow protective devices must be approved by the water department prior to installation.
 
10. Dangerous Liquids or Industrial Waters: In special circumstances, when the customer is engaged in the handling of especially dangerous or corrosive liquids or industrial or process waters, the district may require the customer to eliminate certain plumbing or piping connections as an additional precaution and as a protection of the backflow preventive devices.
 
H.   Relief Valves: As a protection for the customer's plumbing system (as well as a requirement of the Kern County Building Department), 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.
 
I.     Backflow Devices:
 
1. Protection Required: Whenever backflow protection has been found necessary on a water supply line entering a customer's premises, then any and all water supply lines from the district'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.
 
2. Inspection: The double check valve or other approved backflow protection devices may be inspected and tested periodically for water tightness by the district. 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 customer.
 
3. Discontinued Service: The service of water to any premises may be discontinued by the district, with twenty four (24) hours' prior notice, if any defect is found in the check valve installation or other protective devices, or if it is found that dangerous unprotected cross connections exist. Service will not be restored until such defects are corrected.
 
J.     Interruptions in Service: The district shall not be liable for damage which may result from an interruption in service from a cause beyond the control of the water department. Temporary shutdowns may be made by the water department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns. The district will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby, if caused by accident, force majeur, fire, strikes, riots, war or any other cause not within its control.
 
K.   Ingress, Egress: Representatives from the water department shall have the right of ingress and egress to the customer's premises at reasonable hours for any purpose reasonably connected with the furnishing of water service.
7-1-7: NOTICES:
A.   Notices to Customers:
 
1. Notices from the district to a customer will normally be given in writing, and either delivered or mailed to him at his last known address.
 
2. Where conditions warrant and in emergencies, the district may resort to notification either by telephone or messenger.
 
B.    Notice from Customers: Notice from the customer to the district may be given by him or his authorized representative in writing: 1) at the district's operating office,
       2) to the general manager of the district, or 3) to an officer or agent duly authorized by the board to receive notices or complaints. (Ord. 4, 11-12-1970)
7-1-8: METERS:
A.   Installation: All services shall be metered. The connection and capacity charges set forth in chapters 2 and 3 of this title shall be paid to the district prior to installation of the meter facilities to pay all of the cost of said installation when said installation is made at the request of the customer. The service connection, whether located on public or private property, is the property of the district, unless specifically otherwise provided, and the district reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.
 
B.    Meter Installation or Removal: Meters will be installed at the curb or within the right of way (or easement), and shall be owned by the district and installed and removed at the customer's expense. No rent or other charge will be paid by the district for a meter or other facilities, including housing and connections, located on a customer's premises. All meters will be sealed by the district at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents.
 
C.    Change in Location of Meters: Meters moved for the convenience of the customer will be relocated at the customer's expense. A meter may be moved only within the boundaries of the subject property and shall not be moved to any other property. Meters moved to protect the district's property will be moved at its expense. Customers shall pay the district's actual cost for labor and materials to change the location of a meter.
 
D.   Meter Reading: Meters will be read as nearly as possible on the same day, monthly or bimonthly, at the option of the district. Billing periods containing less than twenty seven (27) days or more than thirty three (33) days for bills rendered monthly or less than fifty four (54) days and more than sixty six (66) days for bills rendered bimonthly, will be prorated.
 
E.    Meter Tests, Deposits: All meters will be tested prior to installation and no meter will be installed which registers more than two percent (2%) fast or slow. If a customer desires to have the meter serving his premises tested, he shall first pay to the district a deposit in an amount to be established by resolution of the board of directors. Should the meter register accurate, the customer will be returned the difference between the deposit and the actual costs incurred to remove, replace, ship and test the meter. If the meter is defective, the entire deposit will be returned to the customer. A meter shall register accurate for purposes of this section if it tests within two percent (2%) fast or slow when tested.
 
F.    Adjustment For Meter Errors, Fast Meters: If a meter tested at the request of a customer is found to be more than two percent (2%) fast, the excess charges for the time service was rendered the customer requesting the test or for a period of six (6) months, whichever shall be the lesser, shall be refunded to the customer.
 
G.   Errors, Slow Meters: If a meter tested at the request of a customer is found to be more than two percent (2%) slow, the district may bill the customer for the amount of the undercharge based upon the corrected meter readings for the period, not exceeding six (6) months, that the meter was in use.
 
H.   Non-registering Meters: If a meter is found to be not registering, the charges for service shall be at the minimum monthly rate or based on the estimated consumption, whichever is greater. Such estimates shall be made from previous consumption for a comparable period or by such other method as is determined by the water department, and its decision shall be final. (Ord. 06-221, 5-13-2006)
7-1-9: NONADJACENT WATER METERS:
In the case of water customers who receive water through a meter which is not adjacent to their property and who require delivery of the water through easements against other properties and who experience a high water bill due to the failure of some portion of their system may apply for relief of the high bill, subject to the following. A one-time bill reduction will be made if the customer uses the funds to repair his water supply system. To be eligible for reimbursement, repairs must be designed (if a design is required) by a professional engineer. Any actual work must be performed by a licensed plumbing contractor. The district in no way warrants any design, repair or modification, and assumes no responsibility for future satisfactory operation of the system. Upon presentation of valid receipts for the repair (including any design), the billing will be reduced by the actual amount of the expenditure. In no case will the district allow a credit greater than the amount of the high billing. The one-time reimbursement refers to the life of the property, not the tenure of the present owner. Selling the property will not entitle the new owner to another one-time reimbursement, if one was previously made to a prior owner. (1999 Code)
7-1-10: PUBLIC FIRE PROTECTION:
A.   Use of Fire Hydrants: Fire hydrants are for use by organized fire protection agencies. Other parties desiring to use fire hydrants for any purpose must first obtain written permission from the water department prior to use and shall operate the hydrant in accordance with instructions issued by the water department. Unauthorized use of hydrants will be prosecuted according to law.
 
B.    Hydrant Rental: The district may, by ordinance, establish a charge for hydrant maintenance and water used for public fire protection.
 
C.    Moving of Fire Hydrants: When a fire hydrant has been installed in the location specified by the proper authority, the district has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the proper authority. (Ord. 4, 11-12-1970)
7-1-11: PRIVATE FIRE PROTECTION SERVICE:
A.   Payment of Cost: The applicant for private fire protection service not now installed shall pay the total actual cost of installation of the service from the distribution main to the customer's premises including the cost of a detector check meter or other suitable and equivalent device, valve and meter box, said installation to become the property of the District.
 
B.    No Connection to Other System: There shall be no connections between this fire protection system and any other water distribution system on the premises.
 
C.    Use: There shall be no water used through the fire protection service except to extinguish accidental fires and for testing the firefighting equipment.
 
D.   Meter Rates: Any consumption recorded on the meter will be charged for at double the regular service rates except that no charge will be made for water used to extinguish accidental fires where such fires have been reported to the fire protection agency, and only the regular service rates shall be applicable when water is used for testing firefighting equipment; provided, that the district is first notified of said test.
 
E.    Water for Fire Storage Tanks: Occasionally water may be obtained for a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the district in advance and an approved means of measurement is available. The regular water rates will be applied.
 
F.    Violation of Agreement: If water is used from a private fire service in violation of the agreement or of these regulations, the district may, at its option, discontinue and remove the service.
 
G.   Water Pressure and Supply: The district assumes no responsibility for loss or damage due to lack of water or pressure and merely agrees to furnish such quantities and pressures as are available in its general distribution system at the time. The service is subject to shutdowns and variations required by the operation of the system. (Ord. 4, 11-12-1970)
7-1-12: TEMPORARY SERVICE:
A.   Duration of Service: Temporary service connections shall be disconnected and terminated within six (6) months after installation unless an extension of time is granted in writing by the district.
 
B.    Deposit: The applicant shall deposit, in advance, the estimated cost of installing and removing the facilities required to furnish said service. Upon discontinuance of service, the actual cost shall be determined and an adjustment made as an additional charge, refund or credit.
 
C.    Installation and Operation: All facilities for temporary service to the customer connection shall be made by the water department and shall be operated in accordance with its instructions.
 
D.   Responsibility for Meters and Installation: The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the district which are involved in furnishing the temporary service from the time they are installed until they are removed, or until forty eight (48) hours' notice, in writing, has been given to the district that the contractor or other person is through with the meter or meters and the installation. If the meter or other facilities are damaged, the cost of making repairs shall be paid by the customer.
 
E.    Temporary Service from Fire Hydrant: If temporary service is supplied through a fire hydrant, a permit for the use of the hydrant shall be obtained from the proper authority and the district. It is specifically prohibited to operate the valve of any fire hydrant other than by the use of a spanner wrench designed for this purpose.
 
F.    Unauthorized Use of Hydrants: Tampering with any fire hydrant for the unauthorized use of water there from, or for any other purpose, is a misdemeanor, punishable by law.
 
G.   Rates: The rates for temporary service shall be as prescribed by the Board.
 
H.   Credit: The applicant shall pay the estimat

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