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Ordinance No. 977 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON CODIFYING AND AMENDING THE RULES AND REGULATIONS OF THE WATER DEPARTMENT CONTAINED IN APPENDIX III TO THE VERNON CITY CODE. 3 4 5 WHEREAS, the City Council of the City of Vernon 6 7 adopted Ordinance No. 872 on November 16, 1976, entitled, "An Ordinance of the City Council of the City of Vernon Amending the Code of the City of Vernon, California, 1959, by Amending the Rules and Regulations of the Water Department of the City 8 of Vernon," which rules and regulations were further amended by Section 12 of Ordinance No. 933, on December 12, 1982, all of which have been incorporated as Appendix III to the Vernon City Code; and WHEREAS, Articles I, II and III of Chapter 25 of the Vernon City Code, entitled, "Water," contain additional regulations pertaining to water rates and control of water wells; and WHEREAS, A new billing procedure and system is being instituted effective February 1, 1989, which will require an amendment to the time schedule for payment of bills; and other minor adjustments to the Water Department's rules and regulations, are necessary. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: Findinas. The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: Repeal. Ordinance No. 872 of the City of Vernon, Section 12 of Ordinance No. 933 of the City of Vernon, and Appendix III to the Vernon City Code, are hereby repealed. SECTION 3: Enactment. Article IV of Chapter 25 of the Vernon City Code, entitled, "Water Department Rules and Regulations," attached hereto and made a part hereof by reference, is hereby enacted. SECTION 4: Violation. Violation of this Ordinance or any part hereof, is punishable by a find of not more than Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and im- prisonment. Each day or any portion thereof during which any violation of any provision of this Ordinance is committed, continued or permitted, constituted a separate and individual offense. SECTION 5: Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be carried out without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. III III -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: Notice. There being no newspaper printed, published or cir- culated in the City of Vernon, the City Clerk is hereby directed to certify to the passage of this Ordinance and shall post the same, or cause the same to be posted within fifteen (15) days after its passage, in three (3) of the most public places in the city of Vernon, to wit: The Northwest corner of 38th Street and Santa Fe Avenue, the Northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los An- geles, the State of California. This ordinance shall be in full force and effect, thirty (30) days from and after the final passage of the same. SECTION 7: Conflicts. Any ordinance or resolution or parts thereof that are found to be in conflict with this ordinance are hereby superseded and shall have no further force or effect. III III III III III 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 -+11. APPROVED AND ADOPTED THIS ~~ day of January, 2 1989. 3 4 ~, EONIS C. MALBUR , Mayor 5 6 7 ATTEST: t/A(/~ 8 /Z-- BRUCE V. MALKENHORST, City Clerk 9 4 9 10 11 12 13 14 15 16 17 18 1 2 3 STATE OF CALIFORNIA ) )ss. COUNTY OF LOS ANGELES) 4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 977, was duly and regularly introduced at a ad- 5 6 7 j ourned regular meeting of the City Council of the City of 8 Vernon, adopted Tuesday, 19 20 (SEAL) 21 22 23 24 25 26 27 28 held on January 10, a..dj.i)~ at aI\ regular meeting ~.f~:. J cfJS, rrr 1989, and thereafter, finally of said City Council held on , 1989. AYES: Councilmen: Ybarra, Gonzales, Davis, McCormick, Malburg Councilmen: None NOES: ABSENT: Councilmen: None /f -0~~ BRUCE V. MALKENHORST, City Clerk 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERNON CITY CODE CHAPTER 25 Article IV. Water Department Rules and Regulations Sec. 25.60. Purpose. The Water Department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure, and to avoid any shortage or interruption in delivery. The Water Department will endeavor to supply a safe and potable water at all times. Where the use of water on a customer's premises requires water for specific uses demanding a better quality of water than that served by the Water Department, the customer shall provide water treatment facilities capable of producing water of the desired quality. Sec. 25.61. Definition of Terms. Domestic Service. household purposes. provision of water for customary Commercial Service. provision of water to property where the customer is engaged in trade. Industrial Service. provision of water to a customer for use in manufacturing or processing activities. III III 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Fire Protection Service. provision of water to property for automatic fire protection by means of an automatic fire sprinkler system andlor fire hydrants. Temporary Service. A service on a fire hydrant for construction work; irrigation of vacant property and similar uses, that because of its nature will not be used permanently. Standby Service. City water service to property which is supplied in part with water from some source of supply other than the Water Department. Water Service. A water service consists of all piping, valves, meters and appurtenances installed by the Water Department for the purpose of furnishing water to public or private property from the Municipal Water Distribution System. Sec. 25.62. Classes of Service. All services installed by the Water Department will be classified as follows: 1. Domestic 2. Commercial 3. Industrial 4. Fire protection 5. Standby 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 25.63. Types of Service. The types of service available from the Water Depart- ment are: 1. Metered rate 2. Standby rate 3. Fire protection rate 4. Temporary service rate The Water Department will serve water from the City's water distribution system to the customer's property. When installed, all components of the water service, up to and in- cluding the water meter, whether located on public or private property shall become the property of the City of Vernon and the City reserves the right to repair, replace and maintain the water service. Sec. 25.64. Application for New Water Service. Before water shall be supplied to any property for domestic, commercial, industrial and fire protection service, the owner or customer shall make application to the Water Department. The Water Department, as a condition to approving such application and furnishing water to said property, is authorized to and shall require a payment in advance equal to the cost of water service installation and any applicable deposit. The cost estimated by the Water Department must be 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 deposited in advance, with final adjustment of charges to be made upon completion of installation and prior to turn-on of water. Sec. 25.65. upgrading of Services. When an existing service must be upgraded due to new health, fire, safety, andlor plumbing regulations, an applica- tion shall be filed pursuant to section 25.64. Said applica- tion shall be considered as applying for a new service. Sec. 25.66. Temporary Fire Hydrant Connection. No person except authorized City of Vernon personnel shall operate or cause to be operated a fire hydrant. Water for private use from a fire hydrant can be obtained only through a temporary hydrant connection. Application for a temporary hydrant connection shall be made in the same manner as application for regular service, and all charges and deposits shall be at the applicable rates. The Water Department will install a water service on a fire hydrant in such a manner as not to interfere with the free use of such hydrant for fire purposes, and the applicant shall pay for all water passing through such service at applicable rates. III III 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The applicant shall be held responsible for loss or damage to the water service or services from the time of in- stallation until the removal, or until forty-eight hours after notice in writing has been given the Water Department that termination of the service is desired. Sec. 25.67. Standby Service. Application for a standby water service shall be made in the same manner as application for regular service, and all charges shall be determined in the manner set forth in Section 25.68. The Water Department reserves the right to refuse to furnish water and may discontinue standby service to any premises where such service may be detrimental or injurious to the service furnished to other customers. Sec. 25.68. Extension of Distribution system. a. Application. Any applicant who as owner or sub- divider of a single lot, subdivision or tract of land, desires the extension of water mains and services to such lot, sub- division or tract of land, shall file a written application with the Water Department. b. Deposit. In the event such application is ap- proved, said applicant shall deposit with the Water Depart- ment, cash or other method of payment satisfactory to the City in an amount determined by the Water Department to be the to- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tal estimated cost of such mains and services, including all labor, pipe, valves, fittings, fire hydrants and all appur- tenances necessary for a complete system exclusive of customer services. Customer services shall be paid for as provided in these rules and regulations. c. Installation. Engineering and construction of all new distribution systems shall be done by the City of Vernon or by private contract, approved by the City of Vernon. If after completion of construction, the estimated cost is found to be greater than the actual cost, the difference will be refunded, and if a deficit exists, the difference will be col- lected before the turn-on of water. Mains and services in- stalled shall become and remain the property of the City of Vernon. Sec. 25.69. Payment of Bills. Bills are due and payable on the date rendered and be- come delinquent twenty (20) days thereafter. If not paid within this time, service may be discontinued. A reconnect ion charge in the amount of twenty-five dollars ($25.00), a deposit equal to twice the average monthly bill, and the en- tire delinquent bill shall be paid in full before service will be re-established. If a meter fails to register during any period, the customer shall be charged with the average daily consumption 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as shown by the City's records when the meter was operating correctly. Sec. 25.70. Meter Testing. A customer may demand that the meter through which water is being furnished be examined and tested to determine if it is registering correctly the amount of water delivered. Such demand shall be made in writing to the Water Department, and shall be accompanied by a deposit of one hundred dollars ($100.00) for one, one and one-half, and two inch meters, and one hundred fifty dollars ($150.00) for three, four, and six inch meters. Upon receipt of such demand, the Water Depart- ment shall examine and test the meter. If the meter is found to register over two percent more water than actually delivered, another meter will be substituted and the deposit shall be repaid to the customer making the application, and the water bill for the current period adjusted in such manner as the Water Department may consider fair and just. If the meter is found to register not more than two percent in excess, the deposit shall be forfeited and the water bill paid as rendered. Sec. 25.71. Unsafe Apparatus. The Water Department may refuse to furnish water and discontinue service to any premises where apparatus, ap- pliance, or equipment using water are dangerous, unsafe, or 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not in conformity with any applicable laws or ordinances, and where such service may be detrimental or injurious to the service furnished to other customers. Sec. 25.72. Customer's Control Valves. The customer shall install a suitable valve for his use on his property as close to the meter location as practicable, the operation of which will control the entire water supply from the service. No person except authorized City of Vernon personnel shall enter the meter vault or operate or cause to be operated the curb stop or valve in the meter box installed by the Water Department. Sec. 25.73. Interruption in service. The Water Department reserves the right to shut off the water to any premises or portion of the distribution system as long as necessary, without notice to the customer, if an emer- gency so dictates. In cases other than an emergency, the Water Department shall attempt to notify all customers of the forthcoming interruption of service and the probable length of time for which the water will be shut off. Sec. 25.74. Fire Hydrants. City fire Hydrants are installed adjacent to the curb, unless otherwise approved by the Fire Chief. The Water 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department will upon request, subject to approval by the Fire Department, change the location along the curb, provided the labor and material costs are paid for by the person or persons requesting the change. The Water Department shall estimate the cost of the required installation. The estimated cost shall be paid to the Water Department in cash or certified check payable to the City of Vernon. If after the completion of the change of location, the estimated cost is found to be greater than the actual cost, the difference will be refunded; and if a deficit exists, the difference will be collected. Sec. 25.75. Right of Access and Inspection. Any officer, inspector, foreman or other authorized employee of the City of Vernon shall have free access to any premises supplied City water for the purpose of making an in- spection of the entire water system upon said premises. Sec. 25.76. Liability. All customers shall, upon application for water serv- ice, consent to and hold the Water Department and the City of Vernon harmless for any damages caused by fluctuation of water pressures or interruption of service. a. Customers' Property. The City of Vernon and/or the Water Department shall in no way be responsible for any damage to person or property because of any leakage, breakage 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or seepage from any pipe, val ve, appurtenance, or equipment situated on any private property, nor shall they be respon- sible for any leakage, breakage or seepage from any pipe situated between the meter installed at the curb and private property served thereby. b. Servicing. The City of Vernon andlor the Water Department shall not be responsible for damage to property caused by defective piping on the customer's premises and by spigots, faucets, valves and other equipment that are open when water is turned on originally or when turned on after a temporary shutdown. c. Damaae of Water Department Property. The customer shall be held responsible for damage incurred to City property caused by an act of the customer or his agents and any damage to a meter that may result from hot water or steam backing up to the meter from the customer's premises. The customer shall correct the plumbing condition causing the damage and shall be charged for the cost of repairs to the meter. Sec. 25.77. Cross-Connections. To comply with the regulations of the state of Califor- nia, Code of Regulations, Title 17 Public Health, "Regulations Relating to Cross-Connections," and with the Ver- non City Code sections on the water supply which prohibit unprotected cross-connections between the public water supply 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II and any unapproved source of water, a back-flow protection device shall be installed and maintained by and at the expense of the customer. 11 1 AFFIDAVIT OF POSTING 2 STATE OF CALIFORNIA ) ) 3 COUNTY OF LOS ANGELES) SS ) 4 CITY OF VERNON ) 5 I, BRUCE V. MALKENHORST, City Clerk of the City 6 of Vernon, do hereby certify that I did, on the 25th day of have 7 January , 19~, posted three (3) copies of --------------- 8 Ordinance No. 977 9 one in each of the following places, to wit: At the northwest 10 corner of 38th Street and Santa Fe Avenue, at the northeast cor- 11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin 12 board in the lobby of the City Hall of the City of Vernon, locat- 13 ed at 4305 Santa Fe Avenue, all in said City, there being no 14 newspaper of general circulation printed and published in the City 15 of Vernon. 16 Signed this 25th day of January , 19~. 17 B<! v. ~~4~k 18 19 20 21 22 23 and sworn to before me day 0 f January, 19 J!.2... . OFFICIAL SEAL . ...... GLORIA J. OROSCO .. , Notary Public-californla LOS ANGELES COUNTY ." I My Comm. Exp. May 26. 1990 24 25 26 27 28