Chapter
33
WATER
Art. I. In General, §§ 33-1—33-15
Art. II. Domestic Water Service, §§ 33-16—33-70
Div.
1. Generally, §§ 33-16—33-35
Div.
2. Meters and Service Connections, §§ 33-36—33-55
Div.
3. Rates and Charges, §§ 33-56—33-70
Art. III. Water for Irrigation, §§ 33-71—33-90
Art. IV. Water Development Fees, §§ 33-91—33-99
Art. V. Cross-Connection Control, §§
33-100—33-119
Art. VI. Water Wasting, §§ 33-120—33-139
Div.
1. General, §§ 33-120—33-123
Div.
2. Appeals and Exceptions, § 33-124
Div.
3. Enforcement, §§ 33-125—33-129
Div.
4. Notice, §§ 33-130—33-131
Div.
5. Hearing, §§ 33-132—33-133
Art. VII. Water Conservation, §§ 33-140—33-142
ARTICLE
I. IN GENERAL
Secs.
33-1—33-15. Reserved.
ARTICLE
II. DOMESTIC WATER SERVICE[1]
DIVISION 1. GENERALLY
Sec.
33-16. Definitions.
For the purposes of this article, the
following words and phrases shall have the meanings respectively ascribed to
them by this section; unless the context clearly indicates a different meaning:
Domestic
water means water
supplied through the pipes of the city's water system.
Unit
of service means each
separate occupancy, house, store or building so situated upon any lot within
the city that the same might be or is now served by the city's water system, or
in the opinion of the financial services manager could be served separately
from any other occupancy, residence, house, store or building upon the same
lot, irrespective of the number of residences, houses, stores or buildings upon
such lot, even though two (2) or more of such occupancies, residences, houses,
stores or buildings are held or owned by the same person.
(Code 1967, § 35-1; Ord. No. 2001.17, 7-26-01)
Sec.
33-17. Applicability; conditions for
service.
(a) Domestic
water may be supplied by the city to consumers upon the terms and conditions
prescribed in this article, and not otherwise.
(b) The
determination of the financial services manager as to whether any house,
occupancy, residence, store or building comes within the meaning of this
article so as to require a separate service connection, meter box and turn-off
valve shall be final; provided, that the owner or occupant of such premises
shall have the right to appeal from such decision to the city council at its
next regular meeting. In the event of any such appeal, the determination of the
city council shall be final.
(Code
1967, § 35-2; Ord. No. 2001.17, 7-26-01)
Sec.
33-18. Applications for service;
deposits.
(a) Before
the city turns on water to any premises or property, the owner, occupant,
renter or lessee shall make formal application for water service with the
office of the financial services manager.
Every person applying for city water service shall pay to the financial
services manager the sum of five dollars ($5) toward the cost of initiating
such service and shall comply with all provisions of this section. If any water
consumer fails or neglects to make such application, an additional charge of
five dollars ($5) shall be assessed.
(b) All
consumers, other than property owners, before domestic water shall be furnished
them, shall place a deposit with the financial services manager sufficient to
ensure the payment of water billed to them and to protect the city against loss
occasioned by nonpayment of water bills. Such deposit shall be a minimum of
thirty dollars ($30) for a single unit of residential service and twice the
average monthly charges against the premises for the past six (6) months or one
hundred fifty dollars ($150) for a single unit of commercial service. The total
amount of the deposit shall be determined by the financial services manager,
taking into consideration the nature of the premises to be served, the expected
consumption of water, the past payment record, if any, of the consumer and such
other information as is necessary to provide an adequate deposit. Such deposit
in no event shall exceed an amount equal to the estimate of the average charges
against the premises for a period of three (3) consecutive months, or the
applicable minimum, whichever is greater.
(c) Property
owners, upon submitting satisfactory proof of ownership and upon completing and
signing an approved application for water service, will not be required to
place a deposit at time of application for water service. However, upon default
of payment by the property owner for water consumed or other city services
received, the financial services manager may require the placement of a
deposit, the amount of such deposit above for consumers other than property
owners, before continuation or resumption of city services to the premises
against which a default or delinquency of city services to the premises exists
or to any other premises or property owned by such property owner.
(d) If
the consumer has faithfully made payment to the city for water consumed,
refuse, garbage and sewer services, the deposit shall be returned to him at the
expiration of thirteen (13) calendar months of such faithful performance.
Deposits unclaimed after twenty-four (24) months from initial deposit shall
escheat and revert to the city.
(Code
1967, § 35-3; Ord. No. 624.10A, 2-23-84; Ord. No. 624.11, § I, 1-10-85; Ord.
No. 2001.17, 7-26-01)
Sec.
33-19. Turn-off valves.
All water supply pipes to buildings
shall be properly supplied by the consumer with a suitable turn-off valve,
inside the property line, to ensure against the danger of frost or bursts which
may result in property damage. Such
turn-off valve shall be kept in good order and shall be under the control of
the consumer, whereas the turn-off valve and box on the curb shall be in charge
of the city. If domestic water service
is turned off by the city for any reason and the service so turned off does not
have a turn-off valve installed as required above on the property owner's
premises for the turning off of such domestic water, such person shall, prior
to the city again turning on such service, install in accordance with the
provisions above a proper turn-off valve on such premises.
(Code
1967, § 35-4)
Sec.
33-20. Branches, extensions, etc.
Whenever a water service enters upon
any private property by a route other than within an easement held by the city,
and the branches and extensions pass through the bounds of such property for
the purpose of furnishing a supply of water to any adjoining private property,
the property upon which service first enters shall be charged for the water
furnished by any branches, extensions, etc., of the service. If a meter is installed upon such service,
the rate for water shall be assessed to the property first named unless such
adjoining property owners make written application to the city to install a
meter within their property line on the branches, extensions, etc., and give
the city written rights of ingress and egress over their property for the
purpose of maintaining, repairing and reading such meter, and unless such
adjoining property owners have in all respects complied with the provisions of
this article. (Code 1967, § 35-5)
Sec.
33-21. Discontinuance of service.
(a) Any
person wishing to discontinue the use of domestic water shall give notice
thereof at the office of the financial services manager. When the water is ordered turned off from any
premises, all service charges and commodity charges for water supplied to such
premises shall be immediately due and payable to the city and the water will
not be turned on again until all such charges are paid.
(b) Until
such notice and payments shall have been made, such premises shall be deemed
occupied by such consumer and his liability continued.
(c) If
such consumer shall have made a deposit with the city, the balance, if any, of
such deposit shall be returned to the consumer, after deducting the amount of
such bills.
(d) A
consumer's water service may be discontinued for nonpayment of a bill for
services rendered by the city at a previous location, provided such bill is not
paid within twenty (20) days after the unpaid bill has been presented to the
consumer at his new location.
(e) When
the consumer has been notified of the amount of billing remaining due after
deduction of his deposit, the financial services manager may assign the account
to a collection agency.
(f) Every
person who shall request of the city that their domestic water be turned off
for making repairs, etc., to their system shall pay to the financial services
manager the sum of fifteen dollars ($15) for such service.
(Code
1967, § 35-6; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec.
33-22. City not liable for damages.
The
city shall not be held liable for any damage that may result from the shutting
off or turning on of any water supply pipe or main for any purpose whatever,
even should no notice have been given, nor for damages caused by any break or
leak in any water pipe inside the curb. (Code 1967, § 35-7)
Secs.
33-23—33-35. Reserved.
DIVISION 2. METERS
AND SERVICE CONNECTIONS
Sec.
33-36. Generally.
The city water mains may be tapped by
either city forces or a contractor licensed with the state to perform such
work. All bronze service clamps and tapping couplings will be required for
tapped connections to asbestos cement pipe.
(Code
1967, § 35-8)
Sec.
33-37. Fees.
Charges for tapping water mains,
installing water connections, water meters and water meter boxes shall be
established by council resolution (see Appendix A).
(Code
1967, § 35-9; Ord. No. 624.11, § I, 1-10-85; Ord. No. 86.31, § 1, 6-19-86; Ord.
No. 92.09, 6-18-92)
Sec.
33-38. Maintenance of meters and
connection; right of entry for inspection.
(a) Except
as provided in this chapter, the water consumer shall maintain all water lines
and connections within this property.
(b) All
meters, except in cases where they are wilfully injured by the consumer, shall
be maintained and repaired by the city at its expense.
(c) In
case any authorized city employee is refused admittance to any premises or
being admitted, shall be hindered or prevented from inspecting the water system
upon such premises, the financial services manager may cause the water to be
turned off from such premises after giving twenty-four (24) hours' notice to
the owner or occupant of such premises of his intention to do so.
(Code
1967, § 35-10; Ord. No. 2001.17, 7-26-01)
Sec.
33-39. Accessibility of water meter.
Water meter boxes shall be installed
such that the access cover is exposed and not lower than the finished grade.
The development services department shall deny final approval and certificate
of occupancy of any building until the requirements of this section are
complied with.
(Code
1967, § 35-10.1; Ord. No. 97.20, 4-10-97)
Sec.
33-40. Changes or alterations.
Any
person receiving domestic water from the city desiring to make any changes or
alterations in the existing water connection shall be required to furnish the
financial services manager a statement of the changes or alterations to be
made, and receive the financial services manager's written permission before
any such changes or alterations are made.
(Code
1967, § 35-11; Ord. No. 2001.17, 7-26-01)
Sec.
33-41. Multiple services through single
meter.
(a) The
city may furnish a meter for each unit of service that has a separate tap in
the city main, and the city may at its option elect to allow more than one unit
of service to be served by a single meter. This permission may be given in any
one of the following cases:
(1) Extreme cases which the city has allowed to previously exist;
(2) Apartment houses;
(3) Hotels;
(4) Motels;
(5) Mobile home and trailer developments;
(6) Multiple family dwellings;
(7) Townhouses, condominiums and buildings or
dwelling groups containing individual units of individual ownership.
(b) Permission
allowing the single-meter service pursuant to subsection (a) shall be
contingent upon the following conditions being met:
(1) The person having actual supervision over
the units affected shall guarantee to pay for all water used through the meter.
(2) Cash or a certificate of deposit shall be
placed in a federally insured financial institution of the consumer's choice in
an amount equal to the estimate of twice the average monthly charges against
the units or premises for the past six (6) months or fifteen dollars ($15) per
unit, whichever is greater. The cash or certificate of deposit shall be
deposited with and be negotiable by the financial services manager in the event
of default on any payment to the city.
If the consumer has faithfully made payment to the city for water
consumed, refuse, garbage and sewer service, the cash or certificate of deposit
shall be returned to the consumer at the expiration of thirteen (13) calendar
months of such faithful performance; except, that the city shall have an option
to require the cash or certificate of deposit to remain with the financial
services manager for an additional twelve (12) months. In the event payments
for water consumed, refuse, garbage and sewer service shall be thirty (30) days
delinquent, the financial services manager may deduct from the cash deposit or
negotiate such certificate of deposit and use the proceeds for such delinquent
accounts, returning the balance to the consumer less reasonable charge for discontinuance
or resumption of water service.
(3) If the units comprising the premises served
by the single meter have multiple ownership, the covenants, conditions and
restrictions on the respective units of property deeds shall clearly state that
the individual lots or units are jointly and severally liable for any and all
delinquent water consumed, refuse, garbage and sewer services received from the
city.
(4) Upon default of payment by the consumer for
water consumed, or other city services received, the financial services manager
may require the placement of a cash or a certificate of deposit, the amount of
such cash or certificate of deposit to be the average charges against the units
or premises for a period of six (6) consecutive months, or thirty dollars ($30)
per unit, whichever is greater, before resumption of city services to the
premises against which a default or delinquency of city services to the
premises exist or to any other premises or property owned by such property
owner. If the consumer thereafter makes faithful payment to the city for water
consumed, refuse, garbage and sewer service, the cash or certificate of deposit
shall be returned to the consumer at the expiration of twelve (12) calendar
months of such faithful performance; except, that the city shall have the
option to require the cash or certification of deposit to remain with the
financial services manager for an additional twelve (12) months. In the event
payments for water consumed, refuse, garbage and sewer service shall be thirty
(30) days delinquent, the financial services manager may deduct from the cash
deposit or negotiate such certificate of deposit and use the proceeds for such
delinquent accounts, returning the balance to the consumer less reasonable
charges for discontinuance or resumption of water service.
(Code
1967, § 35-12; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec.
33-42. Testing of meters.
It shall be the privilege of each water
consumer of the city to insist upon a meter test. After the meter has been
field tested by the city and if such meter is found incorrect, it shall be
immediately replaced by the city. If the field test indicates that the meter is
registering correctly, the water consumer may insist that the meter be removed
and subjected to a shop test. If the shop test indicates that the meter is
registering correctly, a charge of twenty-five dollars ($25) will be levied
against the consumer requesting such test.
(Code
1967, § 35-13; Ord. No. 624.11, § I, 1-10-85)
Sec.
33-43. Defective meters.
When
a meter in service less than thirteen (13) months is proven defective, the
charge for any month affected shall be equal to an average based upon the
charges for the three (3) preceding months or length of service, whichever is
lesser. In instances where water service has been supplied for a period in
excess of thirteen (13) months, the charge for any month affected shall be equal
to an average based upon the charges for that month in the previous year
together with one month next preceding and next following the previous year
month in question.
(Code
1967, § 35-14)
Sec.
33-44. Tampering with, injuring
meters; unlawful possession of equipment or reinstatement of service.
(a) It
shall be unlawful for any unauthorized person to knowingly have and keep in his
possession or under his control any turn-off valve key or hydrant wrench to the
city water supply system and no person shall, without authority from the
financial services manager or the water utilities manager, make, construct,
buy, sell or in any way dispose of to any person any turn-off valve key or
hydrant wrench for use on the city water supply system.
(b) It
shall be unlawful to remove unmetered water from city mains without express
approval of the financial services manager or his designee.
(c) Water
meters shall be sealed by the proper city officials in such a manner as to
prevent all tampering with or injury to the mechanism thereof, without breaking
the seal, and no person shall break or remove a seal, or wilfully injure or
destroy a meter.
(d) No
person shall destroy, obstruct or injure any meter box; or remove such box
except for the purpose of inspecting meter readings; or destroy the lid or
cover belonging thereto; or place refuse or debris therein.
(e) No
person, whose water service has been discontinued and rendered inoperable by
the city placing a seal on the turn-off valve of the water meter shall break or
remove such seal in an effort to reinstate water service. Any person who breaks
or removes such seal, in addition to other penalties provided by laws, shall
pay an additional seventy-five dollars ($75) administrative charge prior to the
city reinstating such water service.
(Code
1967, § 35-15; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Secs.
33-45—33-55. Reserved.
DIVISION 3. RATES AND
CHARGES
Sec.
33-56. Schedules.
The charges for providing domestic
water service shall be established by city council resolution (see Appendix A).
(Code
1967, § 35-16; Ord. No. 624.10A, 2-23-84; Ord. No. 624.13, 9-26-85)
Sec.
33-57. When payable; disconnection for
delinquent charges; resumption of service.
(a) All flat rates, service charges and charges
for metered water used during the previous month shall be due and payable at
the office of the financial services manager when rendered and shall be
delinquent ten (10) days thereafter. The financial services manager may
designate certain private establishments as authorized city water payment
stations, in the capacity of limited agents, for the purpose of collecting any
such charges. These payment stations so designated shall be required to perform
pay station functions in accordance with rules and instructions issued by the
financial services department and shall be paid a collection fee for the
faithful performance of these functions in accordance with a schedule of fees
previously authorized by the city council.
(b) If
the total bill for any such charges is not paid within five (5) days after the
date of delinquency, the water shall be shut off from the premises of the
delinquent consumer whereupon service shall not be resumed until all charges
due plus applicable penalties have been paid. If the consumer necessitates,
because of the delinquent status of his account, a personal call by a water
service representative, whether or not service is turned off as a result of the
personal call, a customer service charge of fifteen dollars ($15) will be
assessed to the consumer's account. In addition, the delinquent consumer will
be required to place a deposit equal to four-thirds of the applicable deposit
set forth in § 33-18 with the financial services department.
(c) No
person other than an official or employee of the city shall turn on water from
the city mains without written permission from the financial services manager
or the water utilities manager.
(d) Should
the water be turned on to the premises by anyone except an employee of the
department, after it has been turned off at the city's turn-off valve, it will
be turned off at the main and will not be turned on again until a flat charge
covering the expense of excavation and replacing of the paving, as established
by the financial services manager, subject to approval of the city manager,
shall have been paid.
(e) Anyone
violating this section shall be guilty of a misdemeanor.
(Code
1967, § 35-17; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec.
33-58. Creation of lien for unpaid
charges.
(a) Delinquent
water charges shall constitute a lien against the property upon which such lien
may be imposed. In order to impress and secure such lien, which shall be at the
discretion of the financial services manager, the following procedure shall be
utilized:
(1) The
financial services manager shall give written notice to the owner, occupant or
lessee of the property within thirty (30) days after the statement is rendered
by either personally serving or mailing to such owner, occupant or lessee, at
his last-known address by certified or registered mail, or the address to which
the water charges billing was sent. This written notice shall indicate that the
city may impress and secure a lien on the subject property unless the owner,
occupant or lessee brings his delinquent bill current within thirty (30) days
from service or receipt of the letter, and in addition, pays any penalties that
may be due pursuant to § 33-57. The notice shall also contain a statement that
the owner, occupant or lessee may appeal the delinquency to the city council by
filing such appeal within the thirty-day time period after receipt of such
notice.
(2) If the owner, occupant or lessee of the
property does not bring his delinquency current or successfully prosecute his
appeal to the city council within the thirty (30) days from service or receipt
of the registered or certified letter, the financial services manager may
prepare duplicate copies of a notice and claim of lien and file one copy with
the county recorder and within a reasonable time thereafter service or mail by
registered or certified mail the remaining copy with the owner, occupant or
lessee of the property. The notice and claim of lien shall be made under oath
by the financial services manager or his duly authorized representative and
shall contain the following:
a. A description of the property sufficient
for its identification;
b. The name of the owner or reputed owner of
the property if known, otherwise the name of the occupant of lessee to whom
service was rendered;
c. The amount of the delinquent bill.
(b) From
and after the date of its recording in the office of the county recorder, the
lien shall attach to the property until paid. A sale of the property to satisfy
the lien shall be made upon judgment of foreclosure and order of sale. The city
shall have the right to bring an action to enforce the lien in the county
superior court at any time after its recording, but failure to enforce the lien
by such action shall not affect its validity. The recorded notice and claim of
lien shall be prima facie evidence of the truth of all matter recited therein
and of the regularity of all proceedings prior to the recording therein.
(c) A
prior recording for the purposes provided in this section shall not be a bar to
a subsequent recording of a lien for such purposes, and any number of liens on
the same lot or tract of land may be enforced in the same action.
(Code
1967, § 35-19; Ord. No. 2001.17, 7-26-01)
Secs.
33-59—33-70. Reserved.
ARTICLE
III. WATER FOR IRRIGATION
Sec.
33-71. Definitions.
For the purposes of this article, the
following words and phrases shall have the meaning respectively ascribed to
them by this section, unless the context clearly indicates a different meaning:
Association
means the Salt River
Valley Water Users' Association, a corporation.
Kent
Decree means the
decision and decree dated March 1, 1910, entered by the District Court of the
Third Judicial District of the Territory of Arizona, in and for the County of
Maricopa, in the case of Patrick T. Hurley, plaintiff, vs. Charles F. Abbott,
et al., defendant, being Civil Cause No. 4564, and all supplemental decrees
subsequent thereto.
Turnout
means the place at and
the gate or structure by which water may be diverted from a ditch or conduit
and delivered into the control of the owner or occupant of a lot or tract. The
turnout may be either upon or immediately contiguous to the lot or tract or at
the intake of the private ditch or conduit under the control or subject to the
use of the owner or occupant of the lot or tract.
Water
means only that water
which may be delivered from time to time by the association to the city for
distribution to land to which water has been decreed by the Kent Decree, and
which may from time to time be agreed upon between the association and the city
council.
(Code
1967, § 35-20)
Sec.
33-72. Applicability.
The
only lands to which the provisions of the article shall be applicable are those
within the city; and if any lot or tract shall at any time be served directly
by the association, then during the time such service shall continue the
provisions of this article shall not be applicable to such lot or tract.
(Code
1967, § 35-21)
Sec.
33-73. Application for water service.
Before water will be distributed by the
city to any lot or tract under this article, the owner or occupant thereof
shall pay a five-dollar application fee and execute and file in the office of
the financial services manager an application for water service on a form to be
furnished by the financial services manager.
(Code
1967, § 35-22; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec.
33-74. Charges.
Charges for providing the irrigation
service shall be established by council resolution. (See Appendix A).
(Code
1967, § 35-23)
Sec.
33-75. Delinquent charges;
discontinuance of service.
Whenever any person has failed to pay
the cost of irrigation water in accordance with the provisions of this article,
and the same has become delinquent, a notice shall be mailed stating that
fifteen (15) days from date of mailing the city shall seal such person's
irrigation valve, and no irrigation water shall be delivered therefrom until
the lot owner or person desiring the irrigation service reinstated has paid, in
addition to all other charges, the sum of ten dollars ($10) for the reinstating
services. Such sum of ten dollars ($10) shall be paid to the financial services
manager prior to such time irrigation water service is reinstated.
(Code
1967, § 35-24; Ord. No. 624.11, § I, 1-10-85; Ord. No. 2001.17, 7-26-01)
Sec.
33-76. Conditions for distribution.
(a) Water for any lot or tract under this
article will be delivered at the turnout selected by the city, and the city
shall be in no way responsible for, and will exercise no control over, such
water beyond the turnout. The acceptance of an application by the city shall in
no way obligate it to provide the means of the conveyance of the water or the
distribution thereof beyond the turnout.
(b) The
failure of the owner or user of any ditch or conduit beyond a turnout to keep
such ditch or conduit in a suitable condition for the carriage and distribution
of water shall be sufficient cause for the city to refuse to distribute or
deliver water at such turnout until such ditch or conduit shall be put in a
condition acceptable to the city.
(Code
1967, § 35-25)
Sec.
33-77. Manner of use.
Water distributed to any lot or tract
under this article shall be used on such lot or tract and not elsewhere; and if
any such water is used or permitted to escape outside such property, or if such
water is wasted wilfully or by gross carelessness, the application under which
such water is being distributed will be cancelled by the city and all rights of
the applicant under such application shall thereupon cease and terminate.
(Code
1967, § 35-26)
Sec.
33-78. Breaking valve seal.
No person shall disturb or break the
irrigation valve seal after the same has been placed thereon by the city.
(Code
1967, § 35-27)
Secs. 33-79—33-90. Reserved