O1836
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CA:f:atty\muni\laws\jl\water2
City council Meeting 12-12-95
santa Monica, California
ORDINANCE NUMBER 1836 (ecs)
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE SECTIONS
7.04.460, 7.04.480, 7.04.500, 7.04.510,
7.04.520, 7.04.600, 7.12.010, 7.12.060, 7.12.090,
7.12.110, 7.12.130, 7.12.140, 7.12.160, 7.12.190,
7.12.200, 7.12.230, 7.12.240, 7.12.250, 7.12.260,
7.12.280, 7.12.290, 7.12.310, 7.12.330, 7.12.340,
7.12.350, 7.12.360, 7.12.370 AND 7.18.040
AND ADDING SECTIONS 7.12.111, 7.12.112 AND 7.12.070
TO THE SANTA MONICA MUNICIPAL CODE
RELATING TO WATER AND WASTEWATER SERVICES
AND WATER CONSERVATION PLUMBING STANDARDS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 7.04.460 of the santa Monica Municipal
Code is amended to read as follows:
7.04.460. wastewater capital Facility Fee.
(a) The owner or developer of a building
in the City shall pay a wastewater capital
facility fee to the city. This fee shall be
paid before the issuance of the next permit or
certificate required in the course of
development or occupancy of the building. No
City permit or certificate of occupancy shall
be issued in connection with a building until
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payment of the prescribed fee has been
received.
(b) The fee shall be established and from
time to time be amended or revised by
Resolution of the city Council. The utilities
Manager may increase the fee for any building
if in his or her judgment the sewage flow will
be greater than average.
(c) If the use of property subject to
this Section is changed so that its sewage flow
warrants the payment of a higher fee, as shown
on the city council resolution setting the fee,
the owner or developer of the property shall
pay an additional fee, as determined by the
Utilities Manager.
(d) This fee shall be supplementary to
all other permit and fee requirements of this
Chapter.
SECTION 2. Santa Monica Municipal Code Section 7.04.480 shall
be amended to read as follows:
7.04.480. House Connection Sewer.
Not more than two lots shall be connected
to anyone house connection sewer, and not more
than one lot per connection will be allowed
during new construction or remodels.
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SECTION 3. Santa Monica Municipal Code section 7.04.500 is
amended to read as follows:
7.04.500. Duration of Permits.
(a) If the work authorized by a permit
issued pursuant to sections 7.04.490 to
7.04.600 inclusive, is not commenced within
thirty ( 30) days from the date of issuance
thereof, then such permit shall be canceled,
and the city shall retain a service fee from
the permit fee paid at the time such permit
was issued. The city council may establish or
amend from time to time, by resolution, the
service fee to be retained of the permit fee
paid at the time the permit was issued.
SECTION 4. Santa Monica Municipal Code section 7.04.510 is
amended to read as follows:
7.04.510. Permit and Inspection Fees.
(a) Before granting any permit pursuant
to the provisions of Section 7.04.490, except
applications filed by a department of the city,
the utilities Manager shall require the payment
by the applicant therefor of a fee for each
permit issued, which fee shall include the
payment of one inspection only. A fee shall
be charged for each additional inspection
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required. If connection to the city sewer is
made prior to the securing of the sewer permit
required in section 7.04.490, all applicable
fees, deposits and charges shall be in an
amount that is twice the amount that is
established by resolution. The fees authorized
in this Section shall be established or amended
by the City council from time to time by
resolution.
SECTION 5. Santa Monica Municipal Code section 7.04.520 is
amended to read as follows:
7.04.520. Sewer Connection Requlations.
No person having obtained a permit as
prescribed herein shall construct, alter or
repair any house connection sewer or any
portion of any house connection sewer, or make
a connection to any public sewer, or house
connection sewer, pursuant to any such permit,
at any place other than that designated
thereon, or fail, refuse or neglect to comply
with any requirement contained or referred to
in this section.
At all times while the work under any
such permit is in progress, the original of
such permit must be kept at the site of the
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work.
All work done pursuant to the provisions
of sections 7.04.490 to 7.04.600 inclusive,
shall be performed by a contractor bonded with
the ci ty under terms and condi tions
established by the Director of Environmental
and Public Works, except that persons holding
a valid permit issued by the City Plumbing
Inspector and, after obtaining permission from
the utilities Manager as prescribed under
section 7.04.600, may connect a house
connection sewer to a public sewer where a Y-
Branch is available and when such public sewer
is located in the street area between the
parameters of the property line of the property
to be connected or in any easement adjacent to
said property.
(a) Upon proper application to the
utilities Manager, permission may be granted to
increase the internal diameter of house
connection sewers to not more than two inches
less than the internal diameter of the public
sewer to which it is connected, if such
increased diameter is in accordance with
recognized engineering practice.
No person shall connect a four-inch house
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connection sewer to a six-inch house connection
sewer without first installing a six-inch by
four-inch by four-inch increaser tee on the end
of the six-inch house connection sewer, or a
six-inch by four-inch increaser followed by a
four-inch by four-inch by four-inch tee branch.
The quality of the pipe, the type of
joint, and all other materials used, and the
manner of constructing house connection sewers
and backfilling the trench, except where
specifically provided for herein, shall be as
required by the latest specifications and
standard details for the construction of
sanitary sewers, on file in the office of the
City Engineer.
(b) The minimum grade for any house
connection sewer constructed under the
provisions of this Article shall be in
conformance with the currently adopted edition
of the Uniform Plumbing Code.
(c) In streets or sidewalks where the
abutting property to be served is zoned for
buildings other than single residences, the
depth of the upper end of any house connection
sewer shall be in the maximum obtainable by a
connection laid on an even grade of two
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percent. The invert of the upper end of such
house connection sewers need not be laid deeper
than 10 feet below the nearest point on the
existing curb or proposed curb grade, or if
there is no existing or proposed curb, then to
the nearest point on the street, walk or alley
grade at the property line, unless a greater
depth is required to serve such property.
(d) In streets or sidewalks where the
abutting property to be served is zoned for
single residences, the depth at the property
1 ine of the invert of the upper end of the
house connection sewer, when laid on an even
grade of not less than two percent where
possible, shall be a 5 feet below the nearest
point on the existing curb or proposed curb
grade or, if there is no existing or proposed
curb, then to the nearest point on the street,
walk or alley grade at the property line.
(e) When a building is on or
immediately adjacent to a property line, and a
sewer connection must be constructed, and an
existing house sewer from said building ends at
such property line at a depth of less than the
depth required in this section for the upper
end of a house connection sewer to be
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constructed to such property line; or where an
earth bank over four feet in height exists
adjacent to the curb line or property line, the
utilities Manager shall determine the
requirements for the construction of that
portion of the house connection sewer between
the curb line and property line, if in a
street, and between the main sewer and the
property line, if in an alley, walk or other
public place improved or to be improved without
a curb, which will meet such conditions better
than the method of construction herein
prescribed.
When a main sewer exceeds 14 feet in
depth the manner of constructing a house
connection sewer from such a sewer shall be
regulated by the utilities Manager.
(f) In the event the public records of
main line sewers or house connection sewers do
not represent correctly the existing conditions
of such sewers, or the provisions of sections
7.04.490 to 7.04.600 inclusive, do not apply
wholly to the construction of any particular
house connection sewer, the utilities Manager
shall determine the procedure to be followed
and his or her decision shall be final.
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SECTION 6. Santa Monica Municipal Code section 7.04.600
shall be amended to read as follows:
7.04.600.
Tappinq
Sewers,
Basins
or Saddlinq Sanitary
Storm Drains or Catch
an4 Connections to
Manholes.
A. When in the judgment of the
utilities Manager it becomes necessary to
construct any connection to a sanitary sewer
or storm drain less than 12 inches in
diameter, or other structural opening exists,
a tapping or saddling fee in addition to that
provided for in section 7.04.510 shall be
paid. The contractor or person doing such
work shall excavate to the sewer or storm
drain at the point where the connection is to
be made, and wastewater maintenance forces of
the utilities Division shall then cut the
required hole in the sewer or storm drain and
install the sewer saddle furnished by the
ci ty , or make the proper connection to the
storm drain. A fee shall be charged for such
work, as established or amended from time to
time by resolution of the City Council.
B. Tap connections made to sewers or
storm drains by City forces over 12 inches
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shall be made as stated in subsection (A)
hereof, except that a separate fee for such
work shall be charged, which fee is
established or amended from time to time by
resolution of the City Council.
C. Saddles only shall be used when
the internal diameter of the public sewer
exceeds the internal diameter of the house
connection sewer by two or more inches.
D. When the internal diameter of the
public sewer does not exceed the internal
diameter of the house connection sewer by two
or more inches, the contractor or person doing
such work shall excavate to the sewer and
Wastewater
Maintenance
forces
of
the
utilities Division of the Department of
Environmental and Public Works Management
shall make the connection by installing in the
public sewer, a Y-branch connection which Y-
branch shall be furnished by the city. A fee
shall be charged for such work, which fee is
establ ished or may be amended from time to
time by resolution of the City Council.
E. Tap connections made to
interceptor or outfall sewers constructed of
brick and concrete, concrete, or any sewer
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with a protective lining, shall be made as
stated in subsection (A) hereof except that a
deposit shall be taken in the amount estimated
by the utilities Manager, and the charges will
be the actual cost to the city.
F. Tap connections made to catch
basins and connections made to the manholes
shall be made as stated in subsection (A)
hereof, except that a fee shall be taken in
the amount as set from time to time by city
Council.
G. The excavation for the connection
made by the contractor or such person holding
a permit to make such connection, shall
conform to all applicable provisions of the
"Tunnel Safety Rules" and UTrench Excavation
Rules" and "General Construction safety
Orders" of CAL-OSHA and be of such size as to
permit the easy installation of such
connection, before such contractor or person
shall request that city forces make the
required connection.
SECTION 7. Santa Monica Municipal Code section 7.12.010 is
amended to read as follows:
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7.12.010. Rate. and charqe..
The rate for water furnished through
water meters and any service charge therefor
shall be established, and may be amended or
revised, from time to time, by resolution of
the city council, and such rates and charges
shall constitute the charges for supplying
water service to any consumer and shall be
collected by the utilities Division of the
city.
SECTION 8. Santa Monica Municipal Code section 7.12.060 is
amended to read as follows:
7.12.060. Temporary Water service.
(a) From Fire Hydrants. Metered
service from fire hydrants may be provided for
limited periods upon proper application
therefor, subject to the approval of the
utilities Manager and to all permit
requirements of Article VII of the Code.
Applicants shall be required to pay for
service the actual cost of installing,
maintaining, repairing, and removing the meter
and appurtenant piping; the actual cost of
making any changes in location; the regular
established bi-monthly service charge for the
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installed meter; water used at two times the
highest rate established pursuant to Section
7.12.010 herein; and overhead costs as
determined by the Finance Director.
Prior to installation of the temporary
meter and service, the applicant shall pay a
fee to the city. The amount of the fee shall
be established and amended from time to time
by resolution of the city council.
All flow of water from the fire hydrant
shall be controlled by means of the approved
auxiliary valve, unless otherwise specifically
authorized by the utilities Manager. When
such authorization has been granted, the
hydrant shall only be operated with an
approved spanner wrench.
Any person using a fire hydrant without
authorization shall pay to the City a fee set
by resolution, in addi tion to the estimated
cost of water that was used.
(b) other. Whenever it is not possible
or practical to provide temporary metered
service from a fire hydrant, a temporary
metered connection may be made to any existing
water facility at the discretion of the
Utilities Manager. The conditions of service,
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application procedures and charges shall be
determined by the utilities Manager.
(c) UDmetere4. For temporary service,
where in the opinion of the utilities Manager,
it is not practical to meter, then the
utilities Manager shall estimate by any
feasible method the quantity of water served
and shall determine a fair and equitable
charge therefor. For all unmetered service,
however, a minimum charge shall be required.
Such minimum charge shall be set by resolution
of the City Council.
SECTION 9. section 7.12.090 of the Santa Monica Municipal
Code is amended to read as follows:
7.12.090. Water capital Facility Fee.
(a) The owner or developer of a
building in the City shall pay a water
capital facility fee to the City. This fee
shall be paid before the issuance of the next
permit or certificate required in the course
of development or occupancy of the building.
This fee shall be payable regardless of
whether or not an actual connection to the
water system has been made. No city permit or
certificate of occupancy shall be issued in
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connection with a building until the payment
of the fees prescribed in this section.
(b) The fee shall be established and
from time to time amended or revised by
resolution of the City Council.
(c) This fee shall be supplementary to
all other fees and charges required by this
Chapter.
(d) Specific improvements necessary to
adequately supply water services to a building
may be required by the utilities Manager in
lieu of or in addition to this fee.
(e) Fire service installations are
subject to this fee and, if necessary,
specific off-site improvements may be required
by the utilities Manager to provide the
necessary fire service water flow capacity to
the building.
SECTION 10. Santa Monica Municipal Code section 7.12.110 is
amended to read as follows:
7.12.110. Meter Reading, Billing and
Collection.
Water meters shall be read approximately
every sixty-one (61) days subject to
fluctuations due to holidays and weekends.
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Special meter readings may be taken because of
change of customer, changes of meter size, or
at other times as determined necessary by the
utilities Manager. In the event a meter cannot
be read or in the event a meter has not
registered or has registered incorrectly, the
quantity of water used shall be estimated based
on the average consumption at the property or
similar property during a like period of time.
Water statements shall be due and payable
upon presentation and shall become delinquent
if not paid before the thirtieth poth) day
after mailing. If any customer is delinquent
in the payment of his or her statement, the
utilities Manager may discontinue all water
service to the premises concerned. Delinquent
accounts will be assessed a late charge as
provided for in Section 7.12.110 of this
Chapter.
The utilities Division may charge a fee
for each trip made to the customer's property
for the purpose of collecting a delinquent
bill, discontinuing service, or re-establishing
service for a delinquent account. Water
service may not be continued unless all
deposits, delinquent charges and this fee are
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paid.
The utilities Division may charge a
service fee for any check which is returned to
the utilities Division as unpayable for any
reason.
The amount of the fees described in this
Section shall be set from time to time by
resolution of the City Council.
SECTION 11. santa Monica Municipal Code section 7.12.130 is
amended to read as follows:
7.12.130. Deposit Guaranteeinq payment.
Each applicant for service who has not
had an account for service in Santa Monica for
a period of at least six (6 ) consecutive
billing periods, part of which has been within
the preceding twelve (12) months, or whose
payment record at another address has been
unsatisfactory in the judgment of the
utilities Manager shall be required to place
a deposit with the City to guarantee the
payment of all water service, sewer service,
and refuse collection charges. However, if a
customer can show proof of prompt payment of
rent or other utilities, such deposit shall
not be required. A deposit shall also be
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required of any customer who allows his or her
payment record to become unsatisfactory during
the period in which water service, sewer
service or refuse collection is received from
the City. The amount of this deposit shall be
approximately equal to an estimated three (3)
months billing for water service, sewer
service and refuse collection charges,
provided, however, that the minimum deposit
shall be set by resolution of the City
Council.
Public agencies shall not be required to
place deposits.
Should any required deposit exceed two
hundred and fifty dollars ($250.00), a
corporate surety bond in a form satisfactory
to the city may be deposited in lieu of cash.
After the deposit has been held for six
(6) consecutive billing periods following July
1, 1986, during which time the customer's
record has been satisfactory, said deposit
shall be refunded or credited to the
customer's account either upon request by the
customer or when initiated by the city. If
the deposit is credited to the customer's
account, interest at a rate of one percent
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(1%) less than the average interest received
by the City on invested funds for the
preceding year determined quarterly shall be
also credited to the customer's account.
Deposits refunded to the customer shall be
without interest.
Upon the discontinuance of any service,
the deposit may be applied to any outstanding
water service, sewer service or refuse
collection charges in the customer's name, and
any balance of deposit then remaining in the
hands of the City shall be returned to the
person by whom such deposit was made, without
interest.
SECTION 12. Santa Monica Municipal Code Section 7.12.140 is
amended to read as follows:
7.12.140. Service Connections and Meters.
(a) New Services and Xeters. Each
person desiring the installation of a new
service and meter shall make application
therefor in the form and manner prescribed by
the utilities Manager. The size of the
service and meter shall be subject to approval
by the City. If a water distribution main is
available adjacent to the property, the
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utilities Division shall install a service and
meter at any reasonable location selected by
the applicant. If a water distribution main
is not available adjacent to the property,
then the utilities Division may either require
the installation of a water main at the
applicant's expense or may install a service
and meter adj acent to the nearest available
main, in which case it shall be the
responsibility of the applicant to obtain
easements and install necessary service lines
to the property.
The charges for installing each new
service and meter, which amount shall be paid
in advance by the applicant, shall be as set
from time to time by resolution of the city
council.
(b) changes in Location and/or Size.
When a change in location of an existing
service and meter is requested by a property
owner, or when a change in location is
required by the City because of some act or
omission of a property owner or customer, the
charge, payable in advance, shall be the
charge for installing a new service and meter.
When a decrease in size of an existing
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meter at the same location is requested by a
property owner, the smaller meter shall be
installed, provided that the requested meter
is determined by the City to be of adequate
size. The property owner shall pay a fee for
this service which shall be established or
amended by the city Council from time to time
by resolution.
When a decrease in size of an existing
meter at a different location is requested by
a property owner, or when an increase in size
of an existing meter at the same or a
different location is requested or is required
by the City, the charge, payable in advance,
shall be the total installation and capital
facility fee for the new size. In addition,
with an increase in meter size, a capital
facility fee of the difference between the new
meter and old meter will be charged. With a
decrease in meter size, no capital facility
fee will be charged or credited to the fees
payable.
(e) OWnership of services aDd xeters.
All services and meters shall be owned by the
utilities Division. The expense of
maintenance repair and renewal due to normal
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wear and tear shall be borne by the utilities
Division except that expenses incurred by any
act or omission on the part of the customer,
or the customer's family, employees, agents,
or tenants shall be charged to the customer.
All meters will be sealed by the utilities
Division at the time of installation and no
seal should be altered or broken except by one
of its authorized employees.
All connections to services and meters
shall be in a manner prescribed by the
utili ties Manager. Substandard connections or
the installation of any private or non-
utilities Division materials within meter
boxes or vaults shall be corrected or removed
within thirty (30) days of mailing of notice
by registered mail to the owner of record of
the water service. Failure to comply may
result in discontinued service.
Cd) Removal or Abandonment. or services
and/or Meters. The utilities Division reserves
the right to remove or abandon any service
and/or meter for which no person has made
application and through which no water has
legally passed during the preceding eighteen
(18) months. If the meter only is removed and
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the service left intact, and application is
subsequently made for a meter of the same
size, then the utilities Division shall reset
a meter. The charge, payable in advance, shall
be the installation cost for that size meter.
If the meter is removed and the service
abandoned, and application is subsequently
made for a meter of the same or different
size, then the charge payable in advance,
shall be the total installation cost and
capital facility fees for the requested size.
(e) Location of Water Xeters. Water
meters shall be located in the public right of
way. Existing meters not so located shall be
relocated at the option of the utilities
Division which shall bear all costs for such
relocations except those associated with the
consumer's connection to the relocated meters.
SECTION 13. Santa Monica Municipal Code section 7.12.160 is
amended to read as follows:
7.12.160. Automatic ~ire Services.
(a) Application and Installation.
Each person desiring service from a new or
existing automatic fire line shall make
application and pay a fee to the city as
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provided elsewhere in this Chapter. Existing
buildings required to comply with the
requirements for Automatic Fire Extinguishing
and Protection Systems established by
ordinance Number 1334 (CCS), shall be exempt
from the fees established in Section 7.12.090.
The applicant shall agree that no water shall
be used through the fire service except that
which is reasonably related to fire protection
and shall agree to permit employees of the
city upon proper identification to enter the
premises to make inspections and tests of the
fire system.
The Utilities Division assumes no
responsibility for loss or damage because of
lack of water or pressure and shall merely
furnish such quantities and pressure as are
available in its distribution system. The
service is subject to shutdown and variations
required by the operation of the system.
Applicants for new fire service
installations shall pay the appropriate
installation and capital facility fee as
required under Section 7.12.090. Prior to
commencing such work, the utilities Manager
shall estimate the charge and the applicant
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shall advance to the City said estimated
charge. Upon completion of the work, the
actual charge shall be determined by the
utilities Manager. The City shall refund to
the applicant any portion of the amount paid
which is in excess of the actual charge. In
the event that the estimated charge paid by
the applicant is less than the actual charge,
the applicant shall pay to the City the
difference between the estimated charge and
the actual charge. All fire service
connections and bypass meters shall be the
property of the utilities Division. Detector
checks, water valves and piping after the
service connection to the water main shall be
the property of the applicant.
All connections to automatic fire
services shall be in a manner prescribed by
the utilities Manager. Substandard
connections or the installation of any private
non-utilities Division materials within the
appurtenant fire service facilities shall be
corrected or removed within thirty (30) days
of mailing of notice by registered mail to the
owner of record of the Automatic Fire Service.
Failure to comply may result in discontinued
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service.
All new and existing automatic fire
service installation connections must be
inspected and approved by the utilities
Division prior to commencement of service.
(b) charqe. for service. The standby
charge for automatic fire service shall be set
from time to time by resolution of the city
Council. No additional charge shall be made
for water used when in the opinion of the
utilities Manager such usage is reasonably
related to fire protection.
(e) Misuse of Fire service. When in
the opinion of the utilities Manager, water is
used which is not reasonably related to fire
protection, double the established bimonthly
charges shall apply until such usage is
abated. Should any customer fail to abate the
usage of water not related to fire protection
within a reasonable period, the utilities
oi vision may discontinue the f ire service.
The customer shall be notified of such
discontinuance and the City shall be held free
from liability for loss or damage as a result
of such shutoff. Services shall not be
resumed until the customer has established to
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the satisfaction of the utilities Manager that
adequate provisions have been made to prevent
further unauthorized use of water and has paid
all outstanding standby charges, plus a turn
on charge as described in Section 7.12.110.
In case of fire services which do not have
approved detector check valves, the utilities
Manager may also require the installation of
such a check valve at the customer's expense
prior to resuming service.
SECTION 14. Santa Monica Municipal Code section 7.12.190 is
amended to read as follows:
7.12.190. New Subdivisions.
At the time of the laying out and the
subdividing or resubdividing of tracts of
parcels of land within the City, the owner of
the said tracts or parcels of land shall lay,
at the expense of said owner in streets or
along rights-of-way dedicated to public use,
all water mains, sub-mains and laterals
necessary to serve water to the said lands and
to each and every lot and parcel thereof and
the same shall thereupon become the property
of the city and dedicated to the public use
for the purpose of distributing water.
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Before the work of installing such
mains, sub-mains and laterals shall be
commenced, the said owner proposing to install
the same shall submit a detailed plan or plans
of the work to be done, showing upon a map or
maps drawn to a suitable scale, the streets or
public ways within which said mains, sub-mains
and laterals are to be laid. There shall also
accompany said map specifications showing the
size and grade of pipe and fittings to be used
including valves and hydrants. Such plans
must be in conformity with this Code and with
all the ordinances and rules existing in the
City at the time of said contemplated
installation, including the current
construction standards of the Utilities
Division and none of the actual work of said
installation shall be proceeded with until the
said map or maps and specifications shall have
been officially approved by the utilities
Manager.
SECTION 15. Santa Monica Municipal Code section 7.12.200 is
amended to read as follows:
7.12.200. New subdivisions-city installation
of lines.
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The owner of said lands may apply to the
utilities Division to have the utilities
Division furnish the necessary materials and
labor to install the pipe lines. Upon payment
of a sufficient amount to defray expenses of
such lines and the availability of city
forces as determined by the utilities Manager,
the Water utility Division shall proceed with
the work of installing said lines, keeping all
cost data for labor and materials. Any excess
remaining on deposit at the Finance
Department, over and above said costs, plus
overhead costs as determined by the Finance
Director, shall be returned to said owner. In
the event that the amount deposited with the
utilities Manager is insufficient to meet the
cost of said materials and labor, plus
overhead costs thereof, the owner shall pay
the difference between such costs and the
amount previously deposited.
SECTION 16. Santa Monica Municipal Code Section 7.12.230 is
amended to read as follows:
7.12.230. Inspection of Work.
All work and materials used, incident to
the installation of water distributing pipe
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within such subdivision, shall be inspected by
the utilities Division and said Division may
reject any work done or any materials used and
require new or for other work to be done or
other materials used.
SECTION 17. Santa Monica Municipal Code section 7.12.240 is
amended to read as follows:
7.12.240. Testing Meters.
Any consumer shall have the right to
demand that the meter through which water is
being furnished be examined and tested by the
utilities Division for the purpose of
ascertaining whether or not it is registering
correctly the amount of water which is being
delivered through it by the said utilities
Division to such consumer.
Upon said application being
shall be the duty of the said
made, it
utilities
Division to cause said meter to be examined
and tested in the presence of the consumer
during normal business hours for the purpose
of ascertaining whether or not it is
registering correctly the water being
delivered through it.
Prior to such examination, a meter
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testing deposit shall be collected from the
consumer. The deposit based on meter size
shall be established, and from time to time
amended, by resolution of the City Council.
For any size meter, if the test proves
the meter is not within plus or minus three
percent (3%) of the American Water Works
standards, the meter testing fee will be
refunded to the consumer and adjustments will
be made to the water and sewer charges on the
consumer's most current utilities bill.
If the consumer is not satisfied with
tests performed by the utilities Division, the
meter shall be tested by the manufacturer.
The consumer must agree to pay all costs of
such further tests if the manufacturer's
results verify the utilities Division results.
If the manufacturer's test results do not
verify the utilities Division results, the
utilities Division will bear all costs of said
meter testing.
SECTION 18. Santa Monica Municipal Code Section 7.12.250 is
amended to read as follows:
7.12.250. Turning On and Using Water.
No person, other than the authorized
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agents or employees of the utilities Division
shall turn on water or operate the shut-off
valve at meters, fire hydrants, or any other
Santa Monica water facilities without the
consent of the utilities Division. A fee set
by resolution of the City Council shall be
charged to any customer who causes or allows
the meter shut-off valve or appurtenant piping
to be damaged by unauthorized operation of the
meter. This fee shall be doubled if the
repair cannot be completed during normal
business hours. Any negligent damage to the
meter shut-off val ve or appurtenant piping
during authorized operation by the customer or
the customer's agent shall be repaired at the
expense of the customer.
SECTION 19. Santa Monica Municipal Code Section 7.12.260 is
amended to read as follows:
7.12.260. Sub-xeters.
The utilities Division shall not be
required to maintain or read sub-meters in any
building for the purpose of giving information
to the owner of said building as to the use of
water by individual tenants. This provision
shall not prevent any property owner from
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applying for and having installed at the
regular rate, as many meters as may be desired
to measure water to individual tenants.
SECTION 20. Santa Monica Municipal Code Section 7.12.280 is
amended to read as follows:
7.12.280. supplying of Water by Consumers.
No consumers shall supply water to any
person other than the occupant of the premises
of said consumer, except that water may be
supplied to any contractor for construction
use for the consumer. The consumer shall be
solely responsible for all bills accruing and
the utilities Division shall not be required
to make collections for water from said
contractor or to enter into any agreement
between contractor and consumer.
SECTION 21. Santa Monica Municipal Code Section 7.12.290 is
amended to read as follows:
7.12.290. Emergency Shut-Offs.
Consumers shall install an appropriate
shut-off inside of property lines at a
location accessible in case of emergency. If
the utilities Division is required to shut-off
the water for an on-property leak due to the
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failure to use, lack of, or inoperability of
the emergency shut-offs, then charges as
described in Section 7.~2.~~O of this chapter
shall apply to each trip to the property.
SECTION 22. Santa Monica Municipal Code section 7.12.310 is
amended to read as follows:
7.12.310. shutting Off Water.
The utilities Division may at any time
order the water shut off from any premises
connected with the city mains without notice
for repairs, extensions or other necessary
purposes.
SECTION 23. Santa Monica Municipal Code section 7.12.330 is
amended to read as follows:
7.12.330. Leaks in Plumbing.
Consumers shall be required to pay for
all water lost through failure to keep
plumbing in repair, and the utilities Division
shall not be required to adjust excessive
statements incurred by consumers in such a
way.
SECTION 24. Santa Monica Municipal Code section 7.12.340 is
amended to read as follows:
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7.12.340. Fire Hydrants.
Fire hydrants are provided for the sole
purpose of extinguishing fires and are to be
opened and used only by the utilities Division
or the Fire Department of the city, or by such
persons as may be authorized by the utilities
Manager in accordance with section 7.12.060 of
this Chapter.
SECTION 25. Santa Monica Municipal Code Section 7.12.350 is
amended to read as follows:
7.12.350. unauthorized Use of Water.
No person shall use water from any
service, fire hydrant, automatic fire service,
blowoff valve, or other utilities Division
facility without first obtaining permission of
the utilities Division. Any unauthorized use
of water shall be charged at the rates
described in section 7.12.060 or fifty dollars
($50.00), whichever is greater.
SECTION 26. Santa Monica Municipal Code section 7.12.360 is
amended to read as follows:
7.12.360. Water Reserves Fund.
A fund for accumulating excess water
revenues is hereby created, to be known as the
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"Water Reserves Fund.n
Such fund shall
consist of excess water revenue and shall be
used solely and exclusively for funding
expenses of the Enterprise.
SECTION 27. Santa Monica Municipal Code Section 7.12.370 is
amended to read as follows:
7.12.370.
Cross Connection control.
(a) Guidelines. Cross-connection control
guidelines
shall
be maintained
in
the
utilities Division office and shall list the
situations
requiring backflow prevention
devices and the appropriate types of approved
backflow prevention devices in conformance
with Title 17 of the California Administrative
Code.
(b)
Right
of
Examination.
The
.
utilities Division shall have the right to
enter all property in the presence of the
owner or the owner's agent for the purpose of
examining
the
plumbing
and
plumbing
connections to determine the existence of
actual or potential cross-connections.
(c) Compliance. Customers required to
install
backflow
prevention
devices
on
existing water services shall install the type
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of equipment specified in the utilities
Division guidelines under section 7.12.370.
Failure to comply with this Section may result
in discontinuance of water service. New
customers shall install backflow prevention
devices, when required, prior to commencement
of service.
SECTION 28. Santa Monica Municipal Code Section 7.18.040 is
amended to read as follows:
Section 7.18.040. Definitions.
(a) Bay Saver Fixture Retrofit Program.
A program sponsored by the City of Santa
Monica which offers a financial incentive to
water customers who replace an existing
non-ultra-low flush toilet with an ultra-low
flush toilet.
(b) Existinq Pl'Ulllbinq Fixture. Any
toilet using more than 1.6 gallons of water
per flush, urinal using more than 1.0 gallons
of water per flush, showerhead with a flow
capacity of more than 2.5 gallons of water per
minute, faucet that emits more than 2.5
gallons of water per minute, or residential
reverse osmosis system not equipped with
automatic shutoff valves.
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(c) Existinq structure. A structure
currently available for use or occupancy which
is equipped with one or more existing plumbing
fixtures.
(d) Purchase or chanqe of ownership. A
purchase or change in ownership of real
property includes any purchase or change in
ownership, except as follows:
(1) The purchase or transfer of
real property between spouses, including, but
not limited to transfers to a trustee for the
beneficial use of a spouse, or the surviving
spouse of a deceased transferor, or by a
trustee of such a trust to the spouse of the
trustor; transfers to a spouse which take
effect upon the death of a spouse; transfers
to a spouse or former spouse in connection
with a property settlement agreement or decree
of dissolution of a marriage or legal
separation; the creation, transfer, or
termination, solely between spouses, of any
co-owner's interest; and the distribution of a
legal entity's property to a spouse or former
spouse in exchange for the interest of the
spouse in the legal entity in connection with
a property settlement agreement or a decree of
38
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dissolution of a marriage or legal separation.
(2) The purchase or transfer of
real property between parents and their
children (as defined by Probate Code Section
26), including both voluntary transfers and
transfers resul ting from a court order or
judicial decree.
(3) The purchase or transfer of
real property pursuant to foreclosure
proceedings under civil Code Section 2924 et
seq. or Code of Civil Procedure Section 725a
et seq.
(e) Retrofit or Retrofittinq.
Replacement of existing plumbing fixtures with
water-conserving plumbing fixtures.
(f) Water Conservation certificate. A
form provided by the City verifying that
installation of water-conserving plumbing
fixtures has been completed.
(g) Water-conservinq P1UJDbinq Fixtures.
Any toilet using a maximum of 1.6 gallons of
water per flush, urinals that use a maximum of
1.0 gallon of water per flush, showerheads
with a maximum flow capacity of 2.5 gallons of
water per minute, faucets that emit a maximum
of 2.5 gallons of water per minute, and
39
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automatic shutoff valves for residential
reverse osmosis systems.
SECTION 29. Section 7.12.111 is added to the Santa Monica
Municipal Code section to read as follows:
7.12.111. Penalty for Late Payment of
utility Bills.
A late charge will be assessed against
any current or cumulative past due balances
(30 days or over) appearing on a customer's
bi-monthly utility bill. This charge shall be
due and payable immediately upon accrual. The
late charge for utility bills shall be set by
resolution of the Ci ty Council and may be
amended by the City Council from time to time.
SECTION 30. Section 7.12.112 is added to the Santa Monica
Municipal Code Section to read as follows:
7.12.112. Time Limits for credits and Back
Charges.
Retroactive adjustments will be provided
to a customer's utility bill when the customer
has been mischarged. The maximum period for
retroactive adjustments is two years from the
date that the utility Division is first
notified of, or otherwise discovers, the
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error. Any overpayment or underbilling
adjustments will be included as a credit or
charge on the customer's future utility
bill{s), unless other arrangements are
requested by the customer and approved by the
utilities Manager, in his or her sole
discretion.
SECTION 31. Section 7.12.070 is added to the Santa Monica
Municipal Code Section to read as follows:
7.12.070. Hydrant Plow Tests.
The utilities Division shall conduct
tests of available water flows and pressures
at various fire hydrant locations in the City
if requested to do so by a developer or
current or prospective customer. The fee for
performing such tests shall be set by
resolution, which may be amended from time to
time, of the City Council.
SECTION 32. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent wi th the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
41
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SECTION 33. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The ci ty Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 34. 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
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
l'rtAA...L.:JU4 ~fc-<J
MARSHA JON~OUTRIE
City Attorney
42
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4Y~
Mayor
State of Cahforrua )
County of Los Angeles) ss
City of Santa Momca )
I, Mana!-vi Stewart, City Clerk of the City of Santa Momca, do hereby certlfy that the foregomg
Ordmance No 1836 (CCS) had Its fIrst readmg on November 28. 1995 and had Its second
readmg on December 12. 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstein
Noes
Council members
None
Abstam
CouncIl members
None
Absent
Council members
None
ATTEST
~~h~\' 6:.~
\
City Clerk
PROOF OF PU.tA liON
(20'5.5 C.C. PJ
STATE OF CALIFORNIA.
County of Los Angeles.
I am a citizen of the United States and a
resldentofthe County aforesaid; I am over
the age of eighteen years, and not a pitrty to
or Interested in the above-entltled matter, I
am the principal clerk of the printer of the
......................................................
THE OUTLOOK
.~. ~.~~~~~;~ '~f '~;;~~i ~i;~~.I~t.I~~: 'p~'I;;;~
and published .J).~\J..X.~M~t:.~.f?~1mhX.
in the City of .M>>:rA.M9JiJ!;^.........,..
County of Los Angeles. and which
newspaper has been adjudged a newspaper
of general circulation by the SuperIor Court
of the County of Los Angeles, State of
California. underthedateot)~!'!~~~ 19 .~~..
Case Number ..~lMHL...; tha1 the notice.
of which the annexed 15 a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not In any
supplement thereof on the following dates,
to-wit:
DEe 23
..... .......... .11-.........,............. ............ ............ ... ,.,t
This space Is for thfounty Clerk's Filing Stamp
Proof of Publication of
............................................ I.............................. ...... .........
EO 111-148
CIty of s..,ta Monica
OrdInance Number 1836 (CCS)
(ClIy Counc~ Son..)
Alii ORDINANCE OF THE CITY COUNCIL OF THE CITY Of SANTA MONICA .u.mNriiN
SANTA MONICA MUNICIPAL CODE SECTIONS 7 04 460. 7 04480. 7 04 500, 704510,
704520,704600,712010,712060,712090,712110,712130,712140,7 12 150,712 19<
712200.7 12230,712240,112 2S0, 7 12260,712280,7 12290,7 12310,7 12330,7 U 341
7 12 350, 7 12360,7 12 37(j AND 7 18040 AND o\DDING SECTIONS 7 12 1 J 1. 7 12 112M'!
7 )2070 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO W ATl?R AND
WASTBWA TER SE\I,.VlCES ANn WATER CONSERV AllON PLUMBING ST Ah'DARIis
The follOWIng IS uunun8IY of Ordonan"" Number 1836 (eCS) prepared by rhe Qffi"" or
rhe CIty Attorney
Ordm..,ce Number 1 836 (eeS) (!lie 'Orchllallce") amends vanous SecllOIll of tile Sam(
Momca MUmclpal Code and adds lllree Sections to Ibe MWIIClpaI Code telallDS to waler and _
waslewalet servlOes Many revISIOns life houseIceepID8 chong.. wblch are summUlzed as follqw.
In many of the above Sect,,,,,", the pIrraK 'Deponmem of Geaoral ServIces" bas been changeil to
"Env\lonlll"'~ and Pubhc Work.< ~ent Department,' the _ name of rhe o.p.rtln~t
In additiOn, the Utlhtles MlIIlI8.... not the D,r8CtOr of General SeNt... <II' the Street Supennt.i"I..,1
assumes mternal acImlDJstratlv. authonty for CII'JYIng out lb. provISions of IIl1s Ordmance
References to tile 'Water DIVJSlon' have been changed to 'Ubhty DIVlllOn," rdlec:tlng Ils new'lIe
Also, the '.sewer connection feo' has been renamed the 'WllSCewlter capItal foe.' ..,d the "wa~
conslr\lctlon and COnnectIon fee' has bm renamed the "water ~IIII flcility fee" The Ordinance
also amends several 5<<!Ions to delete llI1gu'lle referencIDS .peaflc f'" and 10 pfllvlCle that thl
City Council \VI1l establISh by reaolu!lon the fees provllled Kir lD the OrdIOlllte
PROOF Of PU.tA rlON
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Los Angeles,
I am a citizen of the United States and a
resIdent of the County aforesaid; I am over
the age of eighteen years. and not a party to
or interested in the above-enfltled matter. I
am the principal clerk of the printer of the
THE OUTLOOK
.....................................................
a newspaper of general circulation. printed
and published .Q~I)..:O~;~~:t:.Jr,I: .f?~ff~/}X.
In the City of .~:r^'.M9tfJr;A.........,..
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
---........ -~
e
This space is for the-County Clerk's Filing Stamp
Proof of Publication of
EO 12-148
C,ly of Santa MonIca
Ord,nance Number 1836 (CCS)
(City CouncIl Ser,es)
AN {)RDINANCE OF mE CITY COUNCIL OF TIlE CITY OF SANTA MONtCA AMEND-lN'
SANTA MONICA MUNICIPAl. CODE SECTIONS 704 460, 104480, 1 04 500, 104510,
704 520. 704 600, 7 12010,712 060,7 12090,712 110,712 130,112 140, 7 12 160,112 191
7 \2200.712 230,112240,112250,712260,712280,712290,712310,712 330, 11'l341
712 lSO, 712 360,712370 AND 718 040 AND ADDING SECTIONS 7 12 III, 712 112J',M
7 12070 TO THE SAN1' A MONICA MUNICIPAL CODE RELATING TO WATER ANJ1
WASTEWATER SERVICES AND WATER CONSERVATION PLUMBING Sf ANDARDS
lIThe ~I~~" """'l ofOlBc NumblII36ICt~~ ~. W~i