| Effective Date | Oct 1, 2023 | Jul 1, 2024 | Jul 1, 2025 | Jul 1, 2026 | Jul 1, 2027 |
|---|---|---|---|---|---|
| Volumetric Rate per 1,000 Gallons (kgal) | |||||
| All Meter Sizes | $4.50 | $4.64 | $4.78 | $4.92 | $5.07 |
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.207 - Water use rates for construction water.#
It is recognized that the costs of administering construction water meters, for taking readings on construction water consumption and for billing is higher for construction water services. The charge for each 1,000 gallons of construction water use shall be $4.74.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.209 - Water use rates—Outside the city.#
The monthly charge for water use outside the city shall be the same rates for customers by meter size within the city.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.210 - Billing—Meter reading.#
(a) Flat-rate accounts for each month are due and payable the first of the month and are payable at the office of the utility billing department.
(b) Metered accounts shall be billed monthly and meters shall be read as nearly as possible at regular intervals for billing purposes, and service bills are due and payable for the preceding period for which the meter has been read. Meters will be read as required for closing bills. Each meter on a customer's premises will be billed separately and the readings of two or more meters will not be combined unless for water system operating convenience or necessity two or more meters are installed in place of one.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.220 - Payment responsibility—Property owner defined.#
(a) The customer shall be responsible for prompt payment of all fees and charges. However, the property owner shall bear the final responsibility for payment in the event the customer fails to make prompt payment.
(b) As used in this article and Article IV, "property owner" means the person(s) or business entity(ies) to which the property was assessed on the last equalized assessment roll of the county.
(c) The owner(s) of the property as identified by the Placer County Clerk-Recorder's Office, or their designated property manager, shall be the customer named on all service accounts established after September 30, 2018. Tenants will not be added as customers after September 30, 2018, unless requested in writing by the property owner.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 1002B, § 5, 1-14-2020; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.225 - Due date.#
Charges for service shall be due and payable on the first day following the month or other established billing period such services were used unless otherwise provided.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.230 - Delinquency.#
All fees or charges which are not paid on or before the 30th day following the date such charges were due and payable are delinquent and a penalty of ten percent of the charge shall be imposed on the 30th day following the date such charge was due and payable. In addition, a penalty of one-half of one percent per month of the basic charge plus the ten percent penalty shall be imposed on the 60th day following the date such charge was due and payable and on each 30th day thereafter until there is payment in full of the charge plus all penalties. Penalties imposed pursuant to this section shall be billed and collected in the same manner as other fees and charges imposed pursuant to this chapter.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.232 - Delinquent fees or charges.#
Delinquent fees or charges which remain unpaid for a period of 60 or more days after the date upon which they were billed may become a special assessment or lien upon the property and may be subject to collection pursuant to the procedures set forth in Article IV of this chapter. In addition, water service and other city utility services at the service location may be terminated for nonpayment pursuant to Section 13.04.240 and Section 13.14.020. If a customer receives service at more than one service location and the bill for any one of that customer's accounts becomes delinquent, charges for services at all other locations may also be collected pursuant to the procedures set forth in Article IV.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.235 - Reserved.#
Editor's note: Ord. No. 974B, § 2, adopted August 28, 2018, repealed § 13.04.235, which pertained to billings adjustment and derived from Ord. No. 917B, § 1(Exh. A), Sept. 13, 2016.
13.04.240 - Shutoff for nonpayment.#
(a) In addition to all other remedies which the city may have for the collection of delinquent water service charges, the city may terminate water service for nonpayment of an account that is delinquent for at least 60 days.
(b) At least seven business days prior to the proposed termination, the city shall give notice of the delinquency and the impending termination by telephone or written notice to the customer to whom the water service is billed, the address served by the water service, and the property owner. Notice to the property owner shall be sent to the address shown on the last equalized assessment roll of the county.
(c) Notice to customer named on the account of proposed termination shall include the city's policy on discontinuation of residential service for nonpayment, to include options to avert discontinuation of residential service for nonpayment, including, but not limited to, alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal. The notice shall include, but is not limited to, all of the following information in a clear and legible format:
i. The customer's name and address.
ii. The amount of the delinquency.
iii. The date by which payment or arrangement for payment is required in order to avoid discontinuation of residential service.
iv. A description of the process to apply for an extension of time to pay the delinquent charges.
v. A description of the procedure to petition for bill review and appeal.
vi. A description of the procedure by which the customer may request a deferred, reduced or alternative payment, consistent with the city's policy on discontinuation of residential service for nonpayment.
(d) City policy on discontinuation of residential service for nonpayment shall be approved administratively by the city manager and shall comply with the provisions SB998: Discontinuation of residential water service: urban and community water systems, commencing with Section 116900 of the California Health and Safety Code, and any other relevant state or federal regulations and statutes that may also apply.
(e) Any customer who has initiated an appeal or requested a hearing prior to water service being terminated for nonpayment shall be given an opportunity for review of such appeal by the city manager or the city manager's designated representative.
(f) The city shall not terminate water service during the pendency of an investigation or review of a customer appeal, dispute or complaint or prior to any hearing initiated pursuant to this section.
(g) The city manager is authorized to resolve complaints or disputes initiated pursuant to this section.
(Ord. No. 1002B, § 5, 1-14-2020; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.242 - Exceptions to shutoff for nonpayment of residential service.#
(a) City shall not discontinue residential service for nonpayment if all of the following conditions are met:
(1) The customer, or a tenant of the customer, submits to the city the certification of a primary care provider, as term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the California Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
(2) The customer demonstrates that they are financially unable to pay for residential service within the city's normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the city's normal billing cycle if any member of the customer's household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level.
(3) Customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906 of the California Health and Safety Code, with respect to all delinquent charges.
(b)(1) If the conditions listed in subdivision (a) are met, the city shall offer the alternative payment options specified in the city policy on discontinuation of residential service for nonpayment.
(2) Residential service may be discontinued no sooner than 5 business days after the city posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
(A) The customer fails to comply the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment for delinquent charges of 60 days or more. While undertaking the alternative payment option specified in the city policy on discontinuation of residential service for nonpayment, the customer does not pay his or her residential service charges for 60 days or more.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 1002B, § 5, 1-14-2020)
13.04.245 - Tennant landlord relationship.#
(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.
(b) If the city furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobile home park, or permanent residential structure in a labor camp as defined in Section 17008 of the California Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the city shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least seven business days prior to the termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account.
(c) The city is not required to make service available to the residential occupants unless each residential occupant agrees to the terms and conditions of service and meets the requirements of the law and the city's rules and tariffs. However, if one or more of the residential occupants are willing and able to assume responsibility for the subsequent charges to the account to the satisfaction of the city, or if there is a physical means legally available to the city's water system shall make service available to those residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the city's water system, residence and proof of prompt payment of rent or other credit obligation actable to the city for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the city's water system pursuant to this section whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the city's water system for those services during the preceding payment period.
(f) In the case of a detached single-family dwelling, the city water system may do any of the following:
(1) Give notice of termination at least seven business days prior to the proposed termination.
(2) In order for the amount due on the delinquent account to be waived, require an occupant who becomes a customer to verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 1002B, § 5, 1-14-2020)
13.04.250 - Reestablishing service after shutoff.#
(a) If residential service is shutoff for nonpayment, city shall provide customer with information on how to restore residential service.
(b) Water services discontinued because of delinquency in payment or upon the customer's request shall not be reestablished until all fees and charges, together with a service charge, have been paid. In case of delinquent payment, a cash deposit may be required by the city as a condition to reestablishment of service.
(1) Reconnection of service fee for reconnection during normal operating hours shall $50.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours shall be $150.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the purpose of this section, normal operating hours shall be from 8:00 a.m. to 2:00 p.m. Monday through Friday, excluding holidays. Nonoperational hours shall be all times outside of normal operating hours.
(c) In the event service is discontinued for delinquency in payment and service is resumed without authorization, the city may discontinue the water service and may charge and collect a penalty for each occurrence in addition to such other amount which may be due from the customer. Such charges shall be paid before service is reestablished.
(d) For a residential customer who demonstrates to the city household income below 200 percent of the federal poverty line, the city shall do both of the following:
(1) Reconnection of service fee for reconnection during normal operating hours shall $50.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the reconnection of residential service during nonoperational hours shall be $150.00, but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. For the purpose of this section, normal operating hours shall be from 8:00 a.m. to 2:00 p.m. Monday through Friday, excluding holidays. Nonoperational hours shall be all times outside of normal operating hours.
(e) City shall deem a residential customer to have a household income below 200 percent of the federal poverty line if any member of the household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household's annual income is less than 200 percent of the federal poverty level.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 1002B, § 5, 1-14-2020; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.255 - Billing with other utilities.#
The city council may provide that fees and charges for water service pursuant to this chapter shall be billed with other city utility services.
Chapter 13.04 - Water Service#
Article V. - Collection of Delinquent Charges (Continued)#
13.04.250 - Billing with other utility charges.#
The charges provided for in this chapter shall be collected with the rates and charges for any other utility services furnished by the city and that any or all such charges may be itemized and billed with the same bill and collected as one item.
(Ord. No. 888B, § 2, 11-12-2013; Ord. No. 974B, § 2(Exh. 1), 8-28-2018)
13.04.257 - Unauthorized actions.#
This article does not apply to the termination of a service connection by the city due to an unauthorized action of the customer.
(Ord. No. 1002B, § 5, 1-14-2020)
13.04.260 - General taxes collection authorized.#
All delinquent water-service charges which have accrued, together with interest or penalties thereon, and service charges at other locations as provided in Section 13.04.230 may be collected on a secured tax roll, in the same manner and at the same time as general property taxes, provided that this section shall not be construed to prohibit the city from collecting any and all of the charges in any other manner provided by ordinance or law.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.270 - Report to city clerk.#
A written report containing a description of each parcel of real property receiving services and facilities and the amount of the delinquent water service charges for each parcel computed in conformity with the provisions of this chapter shall be prepared and filed with the city clerk. The real property may be described by reference to the county assessor's maps or by such other reference sufficient to identify the property affected.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.280 - Notice of hearing.#
The city clerk shall cause notice of the filing of the report and notice of the time and place of the hearing thereon by the city council to be published once a week for two successive weeks prior to the date set for hearing in a newspaper of general circulation within the geographical area of the city. Prior to collection of charges on the tax roll, the city clerk shall mail written notice of the filing of the report and of the time and place of hearing thereon to each person to whom any part or parcel of real property described in the report was assessed on the last equalized assessment roll. Notice shall be mailed to the address shown on the roll.
(Ord. No. 1064B, § 5(Att. A), 8-22-2023; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. 408B §4 (part), 1982: Ord. 364B §3.7, 1979)
13.04.290 - Hearing.#
At the hearing provided for in Section 13.04.280, the city council shall hear any objections or protests by landowners liable to be assessed for delinquent fees. The council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.300 - Report to county auditor.#
On or before August 10 in each year following the final determination and confirmation of the report by the city council, the city clerk shall file with the county auditor a copy of the report with a statement endorsed thereon over the city clerk's signature that it has been finally adopted by the city council, and the auditor shall enter the amounts of the delinquent fees as special assessments against the respective lots or parcels of land as they appear on the current assessment roll. Where any such lots are outside the boundaries of the city, they shall be added to the assessment roll of the city for the purpose of collecting such charges.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.310 - Parcels not on assessment roll.#
If the property is not described on the roll, the auditor shall enter the description thereon together with the amounts of the delinquent charges, as shown on the report.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.320 - Attachment of lien.#
The amount of the charges as set forth in the confirmed report shall constitute special assessments against the respective parcels of property and are a lien against the lot or parcel of land against which the water service has been supplied. The lien shall attach upon recordation in the Office of the Placer County Recorder of a certified copy of the report and the resolution confirming the report. The tax collector shall include the amount of the delinquent charge on bills for taxes levied against the respective lots and parcels of land.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.330 - Collection with general taxes.#
After the attachment of the lien, as provided in Section 13.04.320, the amount of the delinquent water charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter by subject to the same penalties for delinquency as other taxes and assessments.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.340 - Applicable laws generally—Transfer or conveyance—Lien of encumbrancer.#
All laws applicable to the levy, collection and enforcement of general taxes of the city, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, are applicable to such water service charges, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this article shall not attach to such real property and the delinquent fees, as confirmed, relating to such property, shall be transferred to the unsecured roll for collection.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.350 - Compensation to county.#
The county shall be compensated for services rendered in connection with the levy, collection and enforcement of such charges for the city in an amount fixed by agreement between the board of supervisors and the city council.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.355 - Civil action.#
In addition to any other remedy that the city may have for the collection of delinquent fees or charges, all fees, charges, penalties and interest imposed by this chapter shall constitute a debt of the city and the city may institute a civil action to recover delinquent fees, charges, penalties and interest. In such action, reasonable attorneys' fees shall be awarded to the city.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.360 - Established—Apportionment—Purpose.#
(a) There shall be a charge for a new service connection or for a change in size or location for the customer's benefit which shall be paid before work is started. Water connection fees shall include the city's water connection charge pursuant to Section 13.04.160 and
(b) Rate of charge for source water capacity for regulated capacity shall be as set forth in the Lincoln Nexus Study Report—Water Connection Charge Study, adopted by Ord. 1003B on January 28, 2020 of the peak day demand. The water connection charge set forth herein shall be subject to an annual adjustment up to the change in the San Francisco Construction Cost Index (CCI) as reported by the Engineering News Record (ENR). The annual adjustments shall be effective each July 1.
(c) Rate of charge for source water capacity for Unregulated Capacity of the peak day demand shall be in accordance with the cost to the city in accordance with service connections for Regulated Capacity by Placer County Water Agency for Zone 6—City of Lincoln. Annual adjustments to the source water capacity charges by Placer County Water Agency shall be effective each January 1 or as soon as feasible thereafter.
(d) Connection fees for every service connection to the city water system are established for the purpose of providing funds for the payment of the costs for design and construction of the city's water system, to purchase source water capacity from wholesale water providers, and for those purposes authorized by Resolution 78-77.
(e) Source water capacity shall be based on the peak day demand for non-residential facilities by the methods for calculation of required connection specified in Section 13.04.160 and shall be based on gallons per day.
(f) Source water capacity for residential facilities shall be on the basis of gallons per day as follows:
| Lot Size (sq ft) | Source Water Connection (gpd) |
|---|---|
| MDU (1) | 214 |
| ≤2,900.99 | 214 |
| 2,901≤4,400.99 | 442 |
| 4,401≤5,500.99 | 576 |
| 5,501≤7,000.99 | 679 |
| 7,001≤10,000.99 | 862 |
| 10,001≤17,000.99 | 1,201 |
| 17,001≤35,000.99 | 2,407 |
| >35,001 | 5,155 |
(1) Multi-Dwelling Unit (MDU) source water connection assessment is per unit and for indoor water use only. A separate metering for outdoor water use is required.
(Ord. No. 1095B, § 5, 8-12-2025; Ord. No. 1046B, § 5, 6-28-2022; Ord. No. 1003B, § 6, 1-28-2020; Ord. No. 981B, § 2, 1-8-2019; Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.362 - Indoor fire sprinkler requirement.#
The water connection fees for customers required to install indoor fire sprinklers shall be based upon the size meter that would otherwise be used to serve the customer but for the requirement of a larger meter for the sprinklers.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.370 - Use of revenues.#
Amounts collected shall be set aside in separate funds and used for the purposes enumerated in Section 13.04.360.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.380 - Other costs—Indemnification of city.#
In addition to the connection charge, all costs and expenses incident to the installation of a water connection shall be borne by the owner. The owner shall indemnify the city against any loss or damage that may result directly or indirectly from the performance of the construction and installation of the water connection.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.390 - Oversized capacity reimbursement.#
The city may require, pursuant to the Subdivision Map Act and the subdivision regulations of the city, oversized capacity, in which case the city shall reimburse the applicant pursuant to the provisions of the law then in effect for such oversized capacity based on the prevailing costs of material and labor for such work.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.400 - Temporary connection charges.#
(a) An applicant for a temporary connection shall make a nonrefundable cash deposit and shall supply all materials and labor necessary for connection.
(b) Upon request for disconnection, an applicant shall make a refundable cash deposit. This fee shall be refunded, less unpaid charges, upon dismantling and removal of the connection.
(c) Monthly charges for water usage shall be assessed in accordance with the water use rates for construction water as provided in Section 13.04.207.
(d) Temporary connections shall be one-inch metered connections unless otherwise approved by the city. Fees for any other type or size of temporary connection shall be determined by the city.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.405 - Connection fee due for reapplication.#
If a reapplication is made pursuant to Section 13.04.075, the person desiring water service must pay the new water connection fee due at the time reapplication is made with credit being given for any previously paid connection fees.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
Article VI. - Conservation#
Footnotes: --- (1) --- Editor's note— Ord. No. 1037B, § 5, adopted June 22, 2021, repealed the former Article VI, §§ 13.04.410—13.04.440, and § 6 of said ordinance, enacted a new Article VI as set out herein. The former Article VI pertained to similar subject matter and derived from Ord. No. 888B, § 2, November 12, 2013; Ord. No. 974B, § 2(Exh. 1), August 28, 2018.
13.04.410 - Condition of plumbing.#
All consumers, whether owners or not, shall maintain and keep in good repair the water pipes on the interior and exterior of the property served. Such persons shall not allow faucets or water closets to leak, and such fixtures must not be left running.
(Ord. No. 1037B, § 6, 6-22-2021)
13.04.420 - Watering spray or nozzle required.#
Watering of lawns and gardens from an open hose is prohibited. A spray or nozzle must, in all cases, be used.
(Ord. No. 1037B, § 6, 6-22-2021)
13.04.430 - Irrigation hours.#
The city reserves the right to limit irrigation hours in the case of water shortages or emergencies.
(Ord. No. 1037B, § 6, 6-22-2021)
13.04.440 - Gross waste.#
It is unlawful and an infraction for any person to cause or allow any water received by such person to flow away in unreasonable amounts, from property owned or occupied by such persons, in any gutter, ditch or other manner over the surface of the ground.
(Ord. No. 1037B, § 6, 6-22-2021)
13.04.445 - Water shortage contingency plan.#
Upon declaration of a water shortage emergency, the City shall implement the conservation regulations associated with the declared water shortage emergency stage as set forth in Table 4 of section 4.1 of the most recently city council approved City of Lincoln Water Shortage Contingency Plan, in its entirety. It is unlawful and an infraction for any person to fail to comply with the associated demand reduction actions for the water shortage emergency stage associated with the city council's water shortage emergency declaration.
(Ord. No. 1037B, § 6, 6-22-2021)
13.04.450 - Permit requirements.#
No person shall drill for water without first obtaining a permit from the director and from the county health officer. The director may deny the issuance of a permit if, in his opinion, the premises where the well is to be located can be served by the city water system. If a permit for a potable drinking water well is issued, it shall be conditioned upon connection to the city water system and discontinuance of the use of such will be conditioned upon notice from the director that the premises may be served by the city water system. The health officer may deny the issuance of a permit if, in his opinion, the proposed well will contaminate existing water sources or be a health menace to the community. The applicant for the permit may appeal to the city council from the decision of the health officer or the director by filing a notice of appeal, in writing, with the city clerk within 15 days of the date of the decision, and the city clerk shall place the appeal on the agenda for the next regular meeting of the city council.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.460 - Workman qualifications.#
Wells shall be constructed, reconstructed or destroyed by persons licensed in accordance with the provisions of the Contractor's License Law (Chapter 9, Division 3 of the Business and Professions Code), unless such persons are exempted from licensing by that Act.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.470 - Inspections.#
Inspections may be made by the county health officer or the department of public services during the process of well construction. A final inspection shall be made when the well construction is completed.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.480 - Protection from contamination—Surface water diversion.#
In cases where the area adjacent to the well is susceptible to contamination, the well shall be properly protected. Drainage shall be away from the well. No well shall be located any closer than the distances specified in the permit. All surface water shall be properly diverted away from a well site during construction or repairs. Disposal of this water shall be made in such a manner so as not to flood adjacent property or constitute a public nuisance. No waste discharge from well-drilling operations shall be allowed to enter a sanitary sewer.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.490 - Forced abandonment—Filling holes.#
(a) Upon determination that a well is polluted or contaminated and reasonable efforts to clear the pollution or contamination have been unsuccessful, the county health officer shall have the authority to enforce the permanent abandonment of such wells. Wells must be abandoned according to health department rules and regulations.
(b) Abandoned wells or test holes shall be filled with selected material to protect the water-bearing formation against possible contamination or pollution and to eliminate a potential hazard to public health and safety.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.499 - Potable wells prohibited; exceptions.#
Except as otherwise authorized by the city council, connection to the city water system is required for all drinking water. Potable water wells are prohibited within the city unless owned and operated by the city and incorporated as part of the city's water system, or unless otherwise authorized by the city council.
(Ord. No. 901B, § 2, 6-23-2015; Ord. No. 974B, § 2(Exh. 1), 8-28-2018)
13.04.500 - Use in violation.#
It is unlawful for any person to use, turn on or tap water except in accord with this chapter.
Article VI - Water Conservation; Penalties (continued)#
13.04.510 - Heating and cooling devices.#
It is unlawful for any heating or cooling device to use water that is not re-circulated. The only water added to such systems shall be limited to the purposes of making up losses in the process. Under no circumstances shall water be returned to the distribution system of the city. This prohibition shall apply to all devices for heating or cooling, whether used for residential, commercial, industrial or manufacturing purposes.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.530 - Fluoridation.#
It is unlawful for any agent or employee of the city or any person, firm or corporation acting in behalf of the city under a contract with the city or otherwise, to mingle or combine any fluorides in any form or in any quantity or in any manner with the public water supply of the city.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
13.04.540 - Penalties for violation.#
(a) A first violation of any provision of Article VI is an infraction punishable as provided in the general state law for infractions. A second or subsequent violation of a provision of Article VI during any calendar year is a misdemeanor as provided in subsection (b) of this section.
(b) Any violation of this chapter, except as provided in subsection (a) of this section, is a misdemeanor. Each day that a violation exists constitutes a separate and distinct offense.
(c) In addition to a prosecution for a violation of this chapter, a consumer or occupant, or owner of property served by the city with water may have such service discontinued if, after a noticed hearing, the director determines that such person willfully wastes water on a continuing basis. The determination of the director may be appealed to the city council if a notice of appeal has been filed with the city clerk within ten days after the determination of the director to discontinue service has been delivered in writing to the person whose service is being discontinued. During the pendency of an appeal to the council, whose decision shall be final, water service shall be maintained in effect.
(Ord. No. 974B, § 2(Exh. 1), 8-28-2018; Ord. No. 888B, § 2, 11-12-2013)
Article IX. - Water Conservation; Penalties#
Footnotes: --- (2) ---
Editor's note— Ord. No. 1037B, § 5, adopted June 22, 2021, repealed the former Article IX, §§ 13.04.600—13.04.620, and § 7 of said ordinance, enacted a new Article IX as set out herein. The former Article IX pertained to similar subject matter and derived from Ord. No. 899B, § 3, May 26, 2015; Ord. No. 900B, § 2, June 9, 2015; Ord. No. 974B, § 2(Exh. 1), August 28, 2018.
13.04.600 - City manager authority to implement the city's water shortage contingency plan.#
The city manager is authorized to enact, impose, implement, and modify water conservation restrictions in order to meet the state or local water conservation standards, as described in the city's adopted water shortage contingency plan.
(Ord. No. 1037B, § 7, 6-22-2021)
13.04.605 - City council authority to declare a water shortage emergency and impose water conservation restrictions.#
The city council shall declare a water shortage emergency condition to prevail within the city whenever it finds and determines that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the city's water supply to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. Declaration of a water shortage emergency shall trigger communication protocols described in Section 5 of the water shortage contingency plan and compliance and enforcement actions within Chapter 13, Article VI. Conservation and Chapter 13, Article IX, Section 13.04.160. Penalties for violation of water conservation restrictions, of the Lincoln Municipal Code described in Section 6 of the Water Shortage Contingency Plan.
(Ord. No. 1037B, § 7, 6-22-2021)
13.04.610 - Penalties for violation of water conservation restrictions.#
Notwithstanding any other provision of law, any person who violates any ordinance, resolution, standard, or other restriction relating to water conservation shall be subject to the following penalties:
(1) The first and second violations within a one-year period shall be subject to an oral or written warning.
(2) The third violation within a one-year period shall be punishable by a fine not to exceed $51.00 per occurrence. The city manager or his appointee may waive these fines if the violating party participates in a water conservation education course provided or approved by the city.
(3) The fourth and following violations within a one-year period shall be punishable by a fine not to exceed $500.00 per occurrence.
(4) For purposes of this article, each day that a violation occurs shall be considered a separate occurrence.
(5) The city manager or his/her designee(s) shall be authorized to enforce the provisions of this article.
(Ord. No. 1037B, § 7, 6-22-2021)
13.04.620 - Appeals.#
Penalties imposed pursuant to Section 13.04.610 may be appealed to a hearing officer or hearing body appointed by the city manager. Any such appeal shall be submitted in writing to the city clerk within ten days of the notice of the violation. The decision of the hearing officer or hearing body shall be final and subject to no further administrative appeals. To the extent that is not inconsistent with the provisions of this article, the provisions of Chapter 1.20 shall govern the administrative citation and appeal process for fines imposed hereunder.
(Ord. No. 1037B, § 7, 6-22-2021)