SEC. 9-700. REGULATIONS AND RATES:
The City Council shall, by resolution or ordinance, adopt regulations for the management, control and use of the City Water System and rates to be charged for water and services furnished to consumers.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-701. METHOD OF BILLING:
Water service customers shall be billed once monthly, or such other periods as required to effectively and efficiently implement a billing system. The method of billing shall be determined by the Director of Finance, with concurrence of the City Manager. Notification of billing period changes shall be provided to all water customers.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-701.1. CHARGES PAYABLE TO DIRECTOR OF FINANCE OR DESIGNATED AGENCY:
All water service charges shall be payable to the office of the Director of Finance or a firm or agency designated to act on behalf of the City of Stockton.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-701.2. WHAT CONSTITUTES DELINQUENCY:
An account shall be deemed delinquent twenty-five (25) days after the billing date if the bill has not been paid in full for the period for which service has been rendered. In order for an account to be considered paid, the payment must have been received by the City of Stockton on or before the twenty-fifth (25th) day following the billing date. A postmark date is not considered proof of payment.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-702. DISCONNECTION:
When accounts are delinquent, the City may disconnect service until such time as all charges and penalties, including the cost of disconnection and reconnection, have been paid. No service address shall receive water service until such time as all delinquent charges have been paid.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-702.1. REMEDIES OF CITY FOR NON-PAYMENT OR OTHER VIOLATIONS:
Upon failure of the owner of any premises to pay any water service charges which are delinquent, or if the owner or occupant of any premises shall violate any other provisions of the Stockton Municipal Code governing water accounts, any one or more of the following actions authorized by the Stockton Municipal Code, or where required hereby must be taken by the City to enforce such payment or correct such violation:
(1) In each case where all or any part of any bill remains unpaid twenty-five (25) days after billing date, a basic penalty of ten percent (10%) of the total amount of such bill shall be added to such bill for the first month delinquent in addition to any amount equal to one percent (1%) per month of the total amount of such bill for each month during the time that said bill shall remain unpaid after its delinquent date and the account remains in an open status. A postmark date is not considered proof of payment.
(2) Water service to said premise(s) may be disconnected as provided by law.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-703. FORM OF COLLECTOR'S BILL:
The bill presented to the owner shall a warning notice that if bill is not paid within twenty-five (25) days of billing date, it may render the owner responsible for penalties and interest and may result in the recording of a lien or assessment against the property to which service was rendered, or any other form of collection as authorized by resolution or ordinance.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-704. COLLECTION OF DELINQUENT CHARGES ON TAX ROLL:
The City of Stockton may elect as a procedure for the collection of delinquent charges or other assessed charges for water service imposed by the provisions of the City of Stockton Municipal Code, resolutions or ordinances, to have all such delinquent charges for each fiscal year collected on the tax roll.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-705. ENFORCEMENT OF LIEN ASSESSMENT AND CHARGES:
All City officers, employees, and agents having duties relating to the collection of delinquent water bills shall take all prompt and reasonable actions for the collection of such charges and penalties, including resort to all remedies provided by law, in addition to the lien assessment provided for herein.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-705.1. WRITTEN REPORT OF DELINQUENCY:
The Director of Finance of the City of Stockton is hereby directed to prepare and file with the City Clerk on or before the fifth day of July of each year or such other dates as the City Council may specify by resolution, a written report containing a description of each and every parcel or real property upon which a delinquency charge is pending for receiving water service and the amount of the delinquency charge for each parcel computed in conformity with the charges prescribed by the provisions of the Code.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-706. UNLAWFUL ACTS:
It shall be unlawful for any person, firm or corporation not authorized by the City, to do, commit or assist in committing any of the following things or acts:
A. To open or close any fire hydrant or stopcock connected with the water system of the City of Stockton, or lift or remove the cover of any gate, valve or shutoffs thereof.
B. To interfere with, destroy, deface, injure or force open any gate or door, or destroy, injure or deface any part of any engine house, reservoir, standpipe, tank, building, appurtenances, fences, trees, shrubs, fixtures or property pertaining to the water system.
C. To go upon or ascend the stairway or steps of any elevated water storage tank, reservoir, or standpipe of the water system.
D. To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the City regulations or ordinances.
E. To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the water system, or to turn on or off the water in any street hydrant or other public water fixture.
F. To make or permit to be made any connection with the main or service pipes of the water system, or to turn on or use the water of said system without first obtaining a permit therefor.
G. To cover or conceal from view any water valve box, service or meter box.
H. To remove any water meter that has been placed by the City, or to in any manner change, interfere with or tamper with any water meter.
I. To turn on the water supply to any building or to any supply pipe where the supply has been turned off because of the nonpayment of any charge or because of the violation of any rule, regulation or ordinance of the City of Stockton.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-707. NOTICE OF HEARING:
The Director of Finance or a designated appointee is authorized by these provisions to declare that delinquency charges and penalties of water accounts, as set forth in the Report of Delinquent Accounts by the Director of Finance, when recorded shall, after notice and hearing provided herein, be collected on the tax roll, together with an administrative fee of twenty dollars ($20.00).
A. The City Clerk shall cause notice of the filing of said report and of the time and place of hearing thereon to be published, prior to the date for the hearing, in a newspaper of general circulation printed and published within the City of Stockton. Said publication of said notice shall be once a week for two (2) consecutive weeks. Two publications in the newspaper published once a week or more with at least five (5) days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice commences on the first day of publication and termination at the end of the fourteenth day, including therein the first day.
B. At the time stated in the above mentioned notice the Director of Finance or a designated appointee, shall hear and consider all objections and protests, if any to said report referred to in said notice, and may continue the hearing from time to time.
C. Upon the conclusion of the hearing, the Director may adopt, revise, change, reduce or modify any charge or charges or overrule any or all objections and shall make a determination upon charge or charges as described in said report.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-708. REPORT TO TAX COLLECTOR—PLACING DELINQUENCY ON TAX ROLL:
On or before the tenth (10th) day of August of each year following such final determination, the City Clerk shall file with the Department of Finance a copy of said report with a statement endorsed thereon over the Director of Finance's signature, that it has been finally adopted by the Director. The Director of Finance shall thereupon cause said charge together with additional charges for administrative expenses (as determined by City Council Resolution) to be placed on the property tax roll and collected by the County of San Joaquin for the City of Stockton as hereinafter provided. The County Tax Collector shall enter the amount of all charges against the respective lot or parcel of land as they appear on the current assessment roll. Any such parcel outside the boundaries of the City of Stockton shall be added to the assessment roll of the City of Stockton for the purpose of collecting such charge. If the property is not described in the roll, the County Tax Collector may enter the description thereon, together with the amount of charges as shown on the report.
The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except to those for state, county, and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessment.
The Tax Collector may at Collector's discretion issue separate bills for such charges and separate receipts for the collection and accounting of said charges. The County of San Joaquin shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges in an amount to be fixed by agreement between the Board of Supervisors of San Joaquin County and the City Council of the City of Stockton.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709. COLLECTION OF ASSESSMENT:
Upon confirmation of the report by the Director of Finance, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedures of sale as provided for delinquent, ordinary municipal taxes.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.1. WAIVER OF CERTAIN CHARGES:
The Director of Finance with the approval of the City Attorney may adjust or refund such charges that are deemed to be inequitable in the presentation of any amount billed, penalty charges under extenuating circumstances, cancellation of duplicate billings, refund of duplicate payments and refunds of amounts due to customers on closed accounts. Refunds on closed accounts of five dollars ($5.00) or less will not be made unless a specific request is received from the party to whom the refund is to be made. The Director of Finance with the approval of the City Attorney may cancel all closed accounts with a balance due the City of ten dollars ($10.00) or less.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.2. ADJUSTMENT OF CHARGES AND REFUNDS:
The Director of Municipal Utilities may make such adjustments as are deemed necessary. All adjustments will require a specific request by the customer for whom the adjustment is being made and such adjustments shall be approved by the Director of Municipal Utilities, and forwarded in writing to the Director of Finance for processing. All adjustments may be credited to customer's account or refunded directly to the customer upon request by the customer. All direct refunds shall require the approvals of the Director of Municipal Utilities, City Attorney and the Director of Finance.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.3. MAINTENANCE OF RECORDS:
The Director of Finance is in charge of maintaining adequate records of bills tendered, payments received, delinquencies recorded, cash deposited and charges incurred. The Finance Director shall maintain all required records in accordance with sound accounting principles to depict the status of all accounts and a record of all receipts and disbursements. Original records to support each payment made shall be retained for six (6) months after which they may be destroyed provided a microfilm record is substituted. Provided the microfilm record is not maintained, original records of receipts and disbursements must be retained for three (3) years.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.4. THE COLLECTION AS PART OF TAX ROLL:
The Tax Collector shall include the amount of the charges on bills for taxes levied against the respective lots or parcels of lands. Thereafter the amount of charges shall be collected for the City of Stockton, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties, as provided in the collection of general taxes.
All laws applicable to levy collection and enforcement of the general taxes of the City of Stockton including, but not limited to those pertaining to matters of delinquency, collection, cancellation, refund or redemption, are applicable to such charges. (Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.5. PREMISES OMITTED FROM REPORT:
If any premises connected to the City of Stockton Water System are omitted from the above-mentioned report or said tax roll, either because the charge thereof shall not have yet been ascertained by the City as of the date of said report or for any other reason, the water service charge for such premises shall be collected in the manner provided elsewhere in this Division.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.6. PAYMENT OF FEES RESPONSIBLE PARTY:
No facility or service of the City water system shall be furnished to any premises or to any owner or other person free of charge.
The owner of any premises is and shall be responsible for the payments of any and all water service charges applicable to the premises owned by said person, although payments may be accepted from tenants. It shall be and is hereby made the duty of each such owner to ascertain from the City of Stockton Finance Department the amount and due date of any such charge applicable. It shall also be and is hereby made the duty of each such owner of all premises to inform the City's Finance Department immediately of all circumstances, and of any change(s) in any circumstance which will in any way affect the applicability of any charge to premises owned by said person or in the amount of any such charge. In particular, but not by way of limitations, an owner of any premises shall immediately inform the City's Finance Department of any sale or transfer of any such premises by or to such owner, prior to the finalization of any such sale or transfer.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.7. APPEAL OF ASSESSMENT ON TAX ROLL AND RECALL OF ASSESSMENT:
Any subsequent purchaser of property upon which a previous delinquency, lien or assessment under this Part has been incurred before such purchaser acquired the property, may appeal such delinquency or lien assessment by filing a notice of appeal with the Director of Finance. Such appeal must be filed not later than thirty (30) days after the mailing of the first tax bill following the date on which such person first acquired an interest in the property.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.8. APPEAL PROCESS TO CITY COUNCIL:
The owner of any premises whose delinquent charges, after a hearing before the Director of Finance or a designated appointee, have been approved for collection on the tax roll, may appeal directly to the City Council of the City of Stockton. This appeal shall be in writing, and such appeal must be filed no later than thirty (30) days after the decision is rendered by the Director of Finance or a designated appointee.
The City Council shall fix a time and place for hearing such appeal and the City of Stockton shall give notice in writing to such owner at owner's last known address. Upon conclusion of the hearing, the City Council may adopt, revise, change, reduce, or modify any charge or charges or overrule any or all objections, and shall make by resolution its determination upon said charge or charges, and which determination shall be final.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.9. VALIDITY:
(Intentionally left blank.)
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.10. SEVERABILITY:
If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, section and chapters shall not be affected and shall remain in full force and effect.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
SEC. 9-709.11. CONFLICT:
All other Ordinances and parts of Ordinances inconsistent or conflicting with any part of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
(Repealed and Added by Ordinance 044-89C.S. — Effective August 10, 1989)
WATER CONSERVATION
SEC. 9-710. DEFINITIONS:
Unless the context requires otherwise, the following definitions shall be used in the interpretation and construction of this Part. Words used in the present tense include the future; the singular number includes the plural and the plural the singular.
1. "Director" is the Director of Municipal Utilities of the City of Stockton.
2. "Person" means any individual, firm, organization, partnership, association, trust, company, business, corporation, public entity, political entity, or any agent thereof.
3. "Reclaimed" and "Reclaimed Water" refer to the process of reusing the soap/water solution and to that portion of the soap/water solution which is recaptured, processed, and reused at a non-self service commercial car wash facility.
4. "Waste" means any inefficient or unreasonable use of or unreasonable method of use of water.
5. "Water" means any water used in the City of Stockton.
6. "Alternate Water Source" means water from sloughs, canals, streams, rivers or nonpotable wells which is acquired with permission from the responsible owner or agency with jurisdiction.
7. "Recycled Water" means water from the City of Stockton Regional Wastewater Control Facility supplied from designated hydrants under permit from the State Regional Water Quality Control Board.
(Amended by Urgency Ordinance 012-93C.S. — Effective May 3, 1993) (Amended by Urgency Ordinance 048-88C.S — Effective June 13, 1988) (Added by Urgency Ordinance 2688-C.S. — Effective April 18, 1988)
SEC. 9-711. APPLICATION OF REGULATIONS:
The provisions of this Part shall apply to all persons using water in the City regardless of whether any person using water shall have a contract for water service with the City. Notwithstanding other provisions of this Code inconsistent with the Part, the provisions of this Part shall supersede and prevail until termination of this Part, except during a declared water shortage emergency, Stage 2, 3, 4 or 5, in which event the provisions of Sections 9-730 et seq. shall prevail.
(Amended by Urgency Ordinance 021-91C.S. — Effective March 18, 1991) (Added by Urgency Ordinance 2688-C.S. — Effective April 18, 1988)
SEC. 9-712. REGULATIONS:
It shall be unlawful during the period May 1 to November 1 of each year for any person to use, permit or allow the use of water in any of the following manners:
(a) Any use of potable water from any fire hydrant is prohibited except by regularly constituted fire protection agencies for fire suppression purposes or by the responsible water agency, when alternate water sources or reclaimed water sources are available. In the absence of alternate water sources or recycled water sources, potable water from any fire hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
(b) For exterior irrigation except as follows:
(1) These provisions shall apply to all exterior irrigation including but not limited to public, private and commercial locations.
(2) Irrigation shall be prohibited between the hours of 11:00 a.m. to 6:00 p.m.
(3) To conduct exterior irrigation in such a manner or extent that allows water to run off or escape from the premises or to be wasted.
(4) Exceptions to the above regulations:
(i) Drip and/or mist irrigation systems.
(ii) During the initial twenty-one (21) day period of establishment for new plantings the above regulations shall not apply.
(iii) Other uses which cannot reasonably comply with the above regulations due to the large size, normal hours of use or type of use of the area to be irrigated may be excepted upon approval by the Director of a water conservation plan which meets the goals of reduction and conservation.
(c) To allow the escape of water through leaks, breaks, or malfunction within the water user's plumbing or distribution system for any period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of twenty-four (24) hours after the water user discovers such break, leak, or malfunction, or receives notice from the City, any water provider or enforcement authority of such condition, whichever occurs first, is a reasonable time within which to correct such condition or to make arrangements for correction.
(d) The use of water for washing cars or boats is permitted only with the use of a quick-acting positive shut-off nozzle on the hose.
(e) The operation of any non-self service commercial car wash unless the soap/water solution for such use is reclaimed. If a reclaimed water system cannot be installed, the car wash operator shall submit a plan satisfactory to the Director to modify operation of the facility to reduce its usage of water by at least twenty percent (20%) of its usage during the same month of the prior year for comparable business volume. If there is no history of prior use, the operator shall provide to the Director data comparable to such history to establish its base monthly usage.
(f) Restaurants shall serve water to customers only upon request.
(g) Use of water for cleaning building or mobile home exteriors shall be prohibited except as follows:
(1) With the use of a bucket and sponge; or
(2) For the preparation of such exterior surfaces for the purpose of repair or repainting with the use of a pressurized washing device equipped with a quick acting positive shut off.
(h) Use of water in publicly displayed ornamental fountains in public and commercial establishments shall be prohibited unless the water is recirculated.
(i) Use of water to wash driveways, sidewalks, patios, parking lots, aprons and other similar exterior surfaces is prohibited except with the use of pressurized sidewalk cleaning equipment or for sanitation, public health and safety and fire protection purposes.
(j) The draining and/or refilling of all existing swimming pools, whether public, private or commercial, shall be prohibited between June 1 and October 1 except for protection of public health and safety.
(k) Use of potable water for dust control purposes except for public health or safety purposes. Reclaimed, recycled or other nonpotable water may be used for such purposes so long as such water is not wasted.
(l) The indiscriminate running of water or washing with water not otherwise prohibited above which is wasteful and without reasonable purpose.
(m) EXCEPTION: The above regulations shall not apply to users or uses when the source of water is other than
(i) a public water system as defined in California Code of Regulations, Section 64555(a) (23); or
(ii) a ground water aquifer used by a public water system.
(Amended by Urgency Ordinance 012-93C.S.— Effective May 3, 1993) (Amended by Ordinance 017-92C.S. — Effective May 28, 1992) (Amended by Ordinance 062-91C.S. — Effective December 13, 1991) (Amended by Ordinance 054-90C.S. — Effective Sept. 4, 1990) (Amended by Ordinance 028-90C.S. — Effective May 21, 1990) (Amended by Ordinance 021-90C.S. — Effective May 17, 1990) (Amended by Ordinance 019-90C.S. — Effective April 9, 1990) (Amended by Urgency Ordinance 048-88C.S. — Effective June 13, 1988) (Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-712.1. REGULATIONS:
During the period of November 1 through April 30, it shall be unlawful for any person to use, permit to allow the use of water as set out in Section 9-712 except that no restriction as to the hours of irrigation shall be imposed.
(Amended by Ordinance 061-90C.S. — Effective Nov. 28, 1990) (Added by Ordinance 060-90C.S. — Effective Oct. 15, 1990)
SEC. 9-713. WATER RATES AND SURCHARGES:
(a) Whenever the City becomes aware of a person violating, causing or permitting a violation of the provisions of this Part, a written notice stating the nature of the violation shall be delivered to the person at the premises by personal service or by first class mail and by posting in a conspicuous location at said premises. A copy of the notice shall be mailed to the person who is regularly billed for use of water at said premises.
(b) All notices provided for by this Section may be served as an addendum to the regular water service bill. All such notices may be given to any other person known to the City who is responsible for the violation or the correction thereof.
(c) The notice shall describe the nature of the violation and order that said violation be corrected, cured or abated immediately or within such specified period as the City believes is reasonable under the circumstances.
(d) Upon occurrence of a second violation or failure to immediately correct, cure or abate a violation, a second notice shall be served, as provided above, ordering the immediate correction, cure or abatement of the violation and imposing a surcharge of one hundred dollars ($100.00) per day for each day the violation continues. The surcharge may be added to the next regular billing for water service.
(Amended by Ordinance 028-90C.S. — Effective May 21, 1990) (Amended by Ordinance 021-90C.S. — Effective May 17, 1990) (Amended by Ordinance 019-90C.S. — Effective May 17, 1990) (Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-714. DISCONTINUANCE OF SERVICE:
Upon a determination by the Director that a person has consumed water in violation of any of the provisions of this Part, the Director may issue an order to cease and desist from such violation, and further order such person to comply forthwith with such provisions or otherwise to take appropriate remedial or preventive action. If, after the issuance of a cease and desist order, such person continues to consume or use, or again consumes or uses water in violation of any such provisions, the Director may, subject to the provisions for notification and hearing hereafter set forth, discontinue water service to the premises of such person.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988).
SEC. 9-714.1. PROCEDURE FOR DISCONTINUANCE OF SERVICE:
Prior to the discontinuance of water service to any premises, the Director shall give written notice of intention to discontinue such service, and of hearing to be held by the Director upon the question of termination, not less than ten (10) days prior to such hearing. A person determined to be in violation of the provisions of this Part, the owner of the premises (if not such person), and such other persons as the Director may deem appropriate, shall be heard at the hearing on the question of termination. If, upon completion of the hearing, the Director finds that no violation has occurred, the Director shall order that the service shall not be terminated. If, upon completion of the hearing, the Director determines that such violation has occurred, or is occurring, the Director may order the water service to be terminated, or may order that service be terminated within a specified period of time unless such violation or the conditions or activities causing such violations cease forthwith or within a specified period of time, or the Director may make such other order as deemed appropriate under the circumstances and in furtherance of the purposes and intent of this Part.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-715. APPEAL:
Any person aggrieved by a determination, order, or directive of the Director made pursuant to the provisions of Sections 9-714 and 9-714.1 may appeal such determination, order, or directive to the City Manager. Written notification of such appeal shall be filed with the City Clerk within ten (10) days after notification of the determination, order, or directive of the Director, and shall set forth in detail the facts and reasons supporting the appeal. Hearing on the appeal shall be held by the City Manager or the designee within ten (10) days from the date of filing the notice of appeal. The appellant, the Director, and such other persons as the City Manager or the City Manager's designee may deem appropriate, shall be heard at the hearing on appeal. Upon conclusion of hearing the appeal, the City Manager or the designee may affirm, reverse or modify the determination, order or directive of the Director as deemed just and equitable, and in furtherance of the provisions, purposes, and intent of this Part. During the pendency of any such appeal, the determination, order or directive of the Director shall remain in full force and effect. The City Manager's or the designee's action on the appeal shall be final.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-716. VIOLATION AN INFRACTION:
Any person violating any of the provisions of this Part shall be deemed guilty of an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Said violation shall be in addition to the surcharges and disconnection procedure established hereinabove.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-717. POWERS AND DUTIES OF THE DIRECTOR:
The Director of Municipal Utilities is hereby authorized to and may enforce all the provisions of this Part. For such purposes, the Director shall have the powers and discretion of a law enforcement officer. The Director, and duly delegated representatives, pursuant to the provisions of Section 836.5 of the Penal Code of the State of California, are hereby authorized to arrest a person without a warrant whenever there exists reasonable cause to believe the person has in his or her presence violated any provision of this Part which is an infraction. Upon making such arrest, the Director or the delegated representative shall prepare a citation and release the person arrested pursuant to Section 853.6 of the Penal Code of the State of California. The provisions of Sections 836.5 and 853.6 of the Penal Code are hereby adopted by reference as part of this Section.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-718. SEVERABILITY:
If any provisions of this Part are held to be unconstitutional, it is the intent of the City Council that such portion of such Part be severable from the remainder, and that the remainder be given full force and effect.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
SEC. 9-719. REMEDIES CUMULATIVE:
The remedies and penalties provided for in this Part shall be cumulative and shall be in addition to any or all other remedies available to the City.
(Added by Urgency Ordinance 26-88C.S. — Effective April 18, 1988)
WATER SHORTAGE EMERGENCIES
SEC. 9-730. PURPOSE AND SCOPE:
This Ordinance adopts regulations to deal with water shortage emergency conditions which exist within the City and the City's water service areas, as declared by resolution of this City Council. These regulations shall become effective with the effective date of this Ordinance. A water shortage emergency declaration shall be in effect upon proper findings made by the City Council after a public hearing and shall remain in effect until the City Council finds and declares by resolution that the water shortage emergency condition has abated, has changed in degree or no longer exists.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-731. FINDINGS:
The City Council finds, determines, and declares that the following shall occur prior to enforcement of the provisions of this Ordinance:
(a) The City Council shall conduct duly noticed public hearings for the purpose of determining whether a water shortage emergency condition exists and, if so, the degree of the emergency and what regulations and restrictions should be enforced in response to the shortage.
(b) The City Council shall adopt a resolution which declares that a water shortage emergency condition exists, the facts and conclusions which support such a declaration and that the ordinary water demands and requirements of water consumers within the City cannot be satisfied.
(c) The regulations set forth herein are necessary and proper to protect and conserve the water supply for human consumption, sanitation, and fire protection during the duration of the water shortage emergency condition.
(d) The regulations set forth herein shall remain enforceable to the extent declared by the City Council and until such time as the City Council finds that the water shortage emergency no longer exists.
(e) During the existence of a declared water shortage emergency, the provisions of this Ordinance shall take precedence over the provisions of the City's Water Conservation Ordinance, Stockton Municipal Code Section 9-710 et seq., as now enacted or hereafter amended. The provisions of the Water Conservation Ordinance shall continue in effect except where provisions of this Ordinance are different. Within areas of the City where water service is provided by any other water provider, the provisions of this Ordinance as to prohibited uses and waste shall be applicable. The Water Conservation Ordinance shall remain in effect except where more stringent requirements are set out herein.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-732. DEFINITIONS:
The following terms are defined for the purposes of this Ordinance:
(a) "Customer" shall mean any person, firm, partnership, business, corporation, district, or governmental agency that receives water from the City of Stockton ("City") Water Utility.
(b) "Applicant" shall mean a person, firm, partnership, business, corporation, district or governmental agency that requests or receives water service from the City.
(c) "Allocation" shall mean the calculated percentage of the amount of water delivered to each customer's property during the corresponding monthly billing period of the base year for which no penalty or surplus use charge shall be imposed.
(d) "Base year" shall mean the calendar year of 1987 or any other period established by resolution of the City Council.
(e) "Director" shall mean the Director of the Municipal Utilities Department of the City of Stockton.
(f) "Process water" means water used to manufacture, alter, convert, clean, grow, heat or cool a product, including water used in laundries and car wash facilities.
(g) "Water" means water used in or supplied by the City.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-733. ADDITIONAL LIMITS ON WATER USE AVAILABLE TO ALL WATER USERS:
(a) During Stage 2, 3, 4 and 5 emergencies, the following wasteful uses shall be prohibited in addition to the prohibitions and limitations stated in the Water Conservation Ordinance, Stockton Municipal Code Section 9-710 et seq. During said stages Section 9-712.1 and Subsections (a), (b)(3) and (b)(4) of Section 9-712 shall not be applicable. In the event the provisions of the Section are inconsistent with the Water Conservation Ordinance, this Section shall prevail.
(1) Any use of potable water from any fire hydrant is prohibited, except by regularly constituted fire protection agencies for fire suppression purposes or by the responsible water agency, when alternate water sources or recycled water sources are available. In the absence of alternate water sources or reclaimed water sources, use of potable water from a hydrant may be used provided a permit for such use is approved by the Fire Department and the responsible water agency.
(2) Use of potable water for dust control purposes except for public health or safety purposes. Reclaimed, recycled or other non-potable water may be used for such purposes so long as such water is not wasted.
(3) Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings between the hours of 11:00 a.m. and 6:00 p.m. except irrigation by drip or mist irrigation systems shall not be restricted as to hours.
(4) Irrigation of exterior landscaping, turf areas, open ground, crops, trees, grass, lawn, groundcover, shrubbery, or decorative plantings in such a manner or extent that allows water to run off or escape from the premises or to be wasted.
(5) Violation of the above stated provisions shall be unlawful and an infraction.
(Amended by Urgency Ordinance 012-93C.S. — Effective May 3, 1993) (Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-734. WATER ALLOCATIONS — CITY WATER UTILITY:
(a) The following classes of water use are established:
(1) "Residential" which shall consist of water service to land improved with structures designed to serve as a residence for human habitation.
(2) "Multiple-family residential" which shall consist of water service to land improved with structures designed to serve as a residence for more than a single family, including apartments, condominiums, townhouses, mobile home parks, and the like where more than one unit is served by a single meter.
(3) "Nonresidential" which shall consist of water service to land improved with structures designed to serve for uses other than residential uses and land without structures but used for agricultural purposes. The following kinds of water use are, without limitation, designated as nonresidential: Commercial, industrial, agricultural, municipal, schools, and churches.
(4) "Process water users" which shall consist of nonresidential users which utilize water primarily to manufacture, alter, convert, clean, grow, heat, or cool a product, including laundries and vehicle wash facilities.
(b) No customer shall use City water for permitted uses in excess of the respective allocation for each class of service within each stage of water shortage emergency.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-735. STAGES OF WATER SHORTAGE EMERGENCY:
The following stages of water shortage emergency are established. Upon declaration of the City Council that an emergency condition exists, as provided in Sections 9-730 and 9-731 above, the City Council shall declare the degree of emergency and identify the applicable stage and the regulations which shall be enforceable for each respective stage. During Stages 2, 3, 4 and 5 additional restrictions on water use shall be enforceable as stated in Section 9-733.
(a) Stage 1 — Mandatory Water Conservation: Upon a finding made by the City Council that a Stage 1 Water Shortage Emergency exists, the regulations set out in the Water Conservation Ordinance, Stockton Municipal Code Section 9-710 et seq., as presently enacted or amended shall be enforceable as to all water users.
(b) Stage 2 — Water Shortage Emergency: Upon declaration of the City Council that a Stage 2 Water Shortage Emergency exists, the following regulations shall be applicable to all customers of the City's water system:
(1) Residential accounts: Residential accounts shall use no more than ninety percent (90%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6 CCF) of water per billing period.
(2) Multiple-family residential accounts: Multiple family residences which are served by a single meter shall use no more than ninety percent (90%) of the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4 CCF) of water per unit served on a single meter.
(3) Nonresidential accounts: Nonresidential accounts shall use no more than ninety percent (90%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
(4) Process-water user accounts: Process-water users shall use no more than one hundred percent (100%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.
(c) Stage 3 — Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system:
(1) Residential accounts: Residential accounts shall use no more than eighty percent (80%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6 CCF) of water per billing period.
(2) Multiple-family residential accounts: Multiple family residences which are served by a single meter shall use no more than eighty percent (80%) of the total quantity of water delivered to the customer's property as recorded by the meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4 CCF) of water per unit served on a single meter.
(3) Nonresidential accounts: Nonresidential accounts shall use no more than eighty percent (80%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
(4) Process-water user accounts: Process-water users shall use no more than ninety percent (90%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.
(d) Stage 4 — Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system.
(1) Residential accounts: Residential accounts shall use no more than seventy percent (70%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6 CCF) of water per billing period.
(2) Multiple-family residential accounts: Multiple-family residences which are served by a single meter shall use no more than seventy percent (70%) of the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4 CCF) of water per unit served on a single meter.
(3) Nonresidential accounts: Nonresidential accounts shall use no more than seventy percent (70%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
(4) Process-water user accounts: Process-water users shall use no more than ninety percent (90%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.
(e) Stage 5 — Water Shortage Emergency. The following regulations shall be applicable to all customers of the City's water system.
(1) Residential accounts: Residential accounts shall use no more than sixty percent (60%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year. Notwithstanding this provision, no residential account shall receive an allocation of less than six hundred (600) cubic feet (6 CCF) of water per billing period.
(2) Multiple-family residential accounts: Multiple family residences which are served by a single meter shall use no more than sixty percent (60%) of the total quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period during the base year. Notwithstanding this provision, no multiple-family residential account shall receive a monthly allocation of less than four hundred (400) cubic feet (4 CCF) of water per unit served on a single meter.
(3) Nonresidential accounts: Nonresidential accounts shall use no more than sixty percent (60%) of the quantity of water delivered to the customer's property as recorded by meter during the corresponding billing period of the base year.
(4) Process-water user accounts: Process-water users shall use no more than eighty percent (80%) of the quantity of water as recorded by meter during the corresponding billing period during the base year.
(Amended by Ordinance 016-92C.S. — Effective May 28, 1992) (Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-736. ESTABLISHMENT OF CUSTOMER ALLOCATION:
(a) The Director shall classify each customer and calculate each customer's allocation. Each Customer shall be notified of the Director's determination by mail deposited in the United States Postal Service.
(b) Establishment of allocations with no customer use history:
(1) Residential: All residential customers with no water use history at the current property address shall be assigned an allocation for single- or multiple-family residential accounts, as determined by the Director, on the basis of usage by similarly situated customers or on such other basis as may be fair and equitable under all the circumstances.
(2) Other use classifications: In order to determine water use allocations for a new nonresidential use customer, for a change in property use, or for a customer with no water use history at the current property address, an application by the customer shall be submitted to the Director designating the intended use of the property, the square footage, and number of employees. An allocation will be determined by the Director after reviewing the above factors as well as comparing water use for similar types of construction and property uses, averaging the water use and applying the appropriate percentage reduction to this amount.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-737. REQUEST FOR INCREASE IN ALLOCATION:
(a) All applicants for an increase in allocation must submit an application in writing to the City Department of Municipal Utilities on an application form provided by the City.
(b) Requests for increased allocations will be reviewed by the Water Conservation Officer for recommendation to the Director for approval, modified approval, or denial. Requests for increased allocations in excess of the historical use may be recommended for approval for reasons outlined in subsection (d), below.
(c) All residential applicants for an additional allocation based on additional persons residing at a residence shall show proof of residency for all residents at that property.
(d) Water allocations may be adjusted by the Director upon written application where the requested adjustment is found to be reasonably necessary. Factors for consideration shall include without limitation:
(1) Additional people residing full time at that residence.
(2) Unusual medical needs.
(3) Change of property use.
(4) Where a City audit of nonresidential customer's water-using appliances and usage shows that all reasonable conservation measures are being employed and the applicant provides a conservation plan demonstrating the measures employed and compliance with the plan.
(5) Where a nonresidential customer has demonstrated growth in business volume over the base year in providing a water-related service to the public, the allocation may be based upon 1990 annual water use.
(6) Hospitals, health care facilities, nursing care facilities, health clinics, and similar users may be excepted from the percentage reductions providing that a water conservation plan demonstrating reductions in consumption to the maximum extent feasible without jeopardizing patient care is prepared and approved by the Director.
(e) A decision in writing shall be mailed to the applicant within fifteen (15) days of receipt of the application.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-738. APPEALS:
(a) Procedure. Any customer may appeal for reconsideration of the Director's classification of use, allocation or determination of a request for an increase in allocation on the basis of hardship or incorrect calculation. Appeals for reconsideration shall be processed as set forth below.
(1) Any customer appealing for reconsideration of the classification or allocation shall do so in writing to the Director by either using forms provided by the City or by letter setting forth in detail the reasons for the appeal.
(2) The appeal for reconsideration shall be reviewed by the City Department of Municipal Utilities and a site visit scheduled if required.
(3) If an appeal for reconsideration is sustained, a condition of approval may include a requirement for the installation of water efficient plumbing fixtures and/or irrigation systems.
(4) A staff committee or designee of the Director and the Director shall review all appeals for reconsideration and make decisions on the appeal.
(5) If an applicant disagrees with the Director's decision, the decision may be appealed in the same procedural manner as specified in Subsection (a) above to the City Manager or a designee, whose decision shall be final. If an appeal to the City Manager is requested, the customer shall be notified of a hearing date by mail. Such hearing shall be scheduled within ten (10) days of filing the appeal. A decision shall be forwarded to the applicant within fifteen (15) days of the date of the hearing.
(b) Each appeal to the City Manager shall be accompanied by an appeal fee in an amount to be set by resolution of the City Council from time to time to defray the additional costs to the City.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-739. ENFORCEMENT AND PENALTIES:
(a) The first billing period after the effective date of the Council's declaration of a water shortage emergency or the effective date stated in said resolution shall be considered an adjustment period during which no penalties will be imposed for water usage in excess of the allocation.
(b) Beginning with the second billing period after the effective date and except as provided in subsection (c) below, any customer who exceeds the established allocation in any monthly billing cycle shall pay an excess use charge in addition to all other charges. The excess use charge shall be based on a rate schedule as specified from time to time by resolution of the City Council.
(c) No excess use charge shall be imposed in the following circumstances:
(1) Multiple-family residential customers whose consumption is four hundred (400) cubic feet (4 CCF) per unit or less during any billing period;
(2) All other customers whose consumption is six hundred (600) cubic feet (6 CCF) or less during any billing period.
(d) Installation of Flow Restrictor.
(1) After the issuance of one (1) written warning for violation of the provisions of this ordinance, or for any use of water which is prohibited, the City may install a flow restricting device on the customer's water service which shall remain in place for a period of not less than forty-eight (48) hours and until the customer has paid the removal charges set forth below. The device shall not be removed except by the City.
(2) If the customer, after removal of a flow restricting device by the City, shall again violate the provisions of this ordinance or the Water Conservation Ordinance, the City may install a flow restricting device which shall remain for a period of at least two (2) weeks and until payment for removal by the City.
(3) Further violations, removal of or by-passing the flow restricting device may result in termination of water service. Upon a determination by the Director that service shall be terminated, written notice of intent to disconnect shall be mailed to the customer. Said notice shall be mailed to the resident and any other person or entity known to the City who is responsible for the violation or correction of the violation, including the property owner in the case of rentals. A request for hearing on the discontinuance of service shall be requested within five (5) days of mailing the notice. A hearing before the Director shall be held within three (3) days of expiration of the period for requesting a hearing. The Director's final decision shall be mailed to the responsible parties within three (3) days of the hearing. If the final decision is to discontinue service, the discontinuance shall not occur less than three (3) days after mailing of the Director's final decision.
(4) Removal charges. The charge for removal of a flow restricting device shall be based on a rate schedule as established from time to time by resolution of the City Council. In the case of rentals, the person or entity occupying the premises and the owner shall be jointly and severally responsible for payment of said costs.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
SEC. 9-740. INCOMPATIBLE PROVISIONS — SEVERABILITY:
To the extent any provision of this ordinance is incompatible with or at variance with any prior adopted ordinance or resolution, the provisions of this ordinance shall take precedence, and all prior ordinances shall be interpreted to harmonize with and not change the provisions of this ordinance. If any section, subsection, paragraph, sentence, clause, phrase, or word of this ordinance is declared by a court of competent jurisdiction, adjudicated to a final determination, to be void, this City Council finds that said voided part is severable, and that this City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this Ordinance shall remain in full force and effect.
(Added by Urgency Ordinance 020-91C.S. — Effective March 18, 1991)
Stockton, CA 
