2017/09/26 City Council Ordinance 910ORDINANCE NO. 910
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, REPEALING
RESOLUTION 2005-86 AND CHAPTERS 13.04, 13.44, 13.62 AND 13.66 OF TITLE 13
OF THE ROHNERT PARK MUNICIPAL CODE AND ADDING CHAPTERS 13.02,
13.03, 13.04, 13.05, 13.06 AND 13.44 TO TITLE 13 OF THE ROHNERT PARK
MUNICIPAL CODE RELATING TO THE CITY'S POTABLE WATER, RECYCLED
WATER AND SEWER SYSTEMS
WHEREAS, the City owns and operates potable water and sewer systems and has recently
accepted ownership of and operational responsibility for a recycled water system from the City of
Santa Rosa; and
WHEREAS, the City is responsible for ensuring compliance with state and federal laws
with respect to these systems for the preservation of public health and environmental quality; and
WHEREAS, in accordance with state law, the City establishes and administers rates, fees,
and charges and bills customers for potable water, recycled water and sewer service; and
WHEREAS, the City's rules and regulations for its potable water system are currently set
forth in Resolution 2005-86 and Chapters 13.04, 13.62 and 13.66 of the Title 13 of the Rohnert
Park Municipal Code; and
WHEREAS, the City currently administers the recycled water system through various user
agreements; and
WHEREAS, the City's policy for billing and collections for water and sewer bills is set
forth in Chapter 13.44 of Title 13 of the Rohnert Park Municipal Code and billing for recycled
water service is administered through various user agreements; and
WHEREAS, the City desires to better consolidate its policies and regulations for its water
and sewer systems in order to facilitate compliance with state and federal laws and streamline
administration of its potable water, recycled water and sewer systems; and
WHEREAS, nothing in this ordinance is intended to duplicate, contradict, or enter a field
which has been fully occupied by state and federal law, including the Articles XIII C and D of the
California State Constitution, the California Waterworks Standards and the Porter Cologne Water
Quality Law.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, does hereby ordain as follows:
SECTION 1. FINDINGS
The City Council finds that:
A. A public meeting introducing the proposed amendments to the Municipal Code was held
by the City Council on September 12, 2017.
B. In accordance with CEQA Guidelines, Section 15061(b)(3), this is not a project subject to
CEQA in that there is no possibility that the activity in question may have a significant
effect on the environment.
Ord. 910 Page 1 of 3
SECTION 2. I.1-I'I:AI- OF R1 SO1:.Lr'[-I(_)N ?(1115-86
Resolution 2005-86, a Resolution Adopting Rules and Regulations Regulating the Sale of Water
in the City of Rohnert Park, is hereby repealed.
SECTION 3. REPEAL 01= C'HAPTE16 13.04, 13.44. 13.62 AND 13.64 OF T111 E 13 OF
THE; ROI INE1� 1_ PARK MUNICIPAL CO 1)
Chapter 13.04 — City Water System, Chapter 13.44 — Billing and Payment of Water and Sewer
Charges, Chapter 13.62 — Water Waste Regulations, and Chapter 13.66 Water Shortage
Contingency Plan, are hereby repealed.
SECTION 4. ADOPTION OF CHAPTERS 13.02. 13.43, 13.04, 1105, 13.06 AND 13.44 OI--'
TITLE 13 OF TI IE ROHNERT PARK MUNICIPAL CODE
The City hereby adopts Section 13.02 — City Water System, Section 13.03 — City Recycled
Water System, Section 13.04 — Cross Connection Control, Section 13.05 — Water Waste and
Water Shortage Contingency Plan, Section 13.06 — Water and Recycled Water System —
Violation and Enforcement and Section 13.44 — Water, Sewer and Recycled Water System —
Service Charges, Billing and Collection, in substantially similar form as attached hereto and
incorporated herein as Exhibit A.
SECTION 5. ACTIONS TO EFFECTUATE AND CODIFICATION
The City Manager is hereby authorized and directed to take other actions on behalf of City, which
are not expressly and specifically reserved for the City Council, to implement and effectuate this
ordinance. The City Clerk is directed to codify this ordinance in a manner which best reflects the
legislative intent of the City Council in enacting this ordinance. The City Clerk is directed to
resolve any numbering conflicts accordingly.
SECTION 6. SEVERABILITY
The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of
this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance
is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality
shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences,
clauses, or phrases.
SECTION 7. 1.11 h i .('" I I V I.:- DATE.
This ordinance shall go into effect thirty (30) days after its adoption and shall be published or
posted as required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
Ord. 910 Page 2 of
This ordinance was introduced by the Council of the City of Rohnert Park on September 12, 2017
and adopted on September 26, 2017 by the following roll call vote:
AYES: Four (4) Councilmembers Ahanotu, Belforte, Callinan and
Mayor Mackenzie
NOES: None (0 )
ABSENT: One (1) Vice Mayor Stafford
ABSTAIN: None (0 )
CITY OF ROHNERT PARK
t
R;alc-�s
Jake M4 kenzie, Mayor
ATTEST:
'A" I,-
Caitlin
'Caitlin Saldanha, Deputy City Clerk
ED roti TO FORM:
le M` lzetta .Keiiyo'iT:-City Attorney
Ord. 910 Page 3 of 3
Exhibit A to Ordinance
Contents
Chapter13.02
— City Water System..............................................................................................................4
Sections. ................................
............ .......................................................................................................
4
13.02.0 10 -
Established........................................................................................................... .............4
13.02.020 —
Purpose.............................................................................................................................. 4
13.02.030 —
General Provisions................................................................................................................
4
13.02.040 —
Ownership, Responsibility & Maintenance.... ........................................................... ..........
5
13.02.050 —
Extension of Distribution Mains............................................................................................
5
13.02.060 —
Installation of Service Connections . ......................................... ,...:;,:............................... .....
6
13.02.070 —
Meters...................................................................................................................................
6
13.02.080 —
Control Valve on the Customer Property ............................ ....................................... ...........
7
13.02.090 —
Groundwire Attachments...............................................................................................•......
7
13.02.110 —
Temporary Service................................................................................................................
7
Chapter 13.03
- City Recycled Water System..............................................................................................
9
Sections: ......................
........................ ........ - ........................... .........................................................
9
13.03.0 10 —
Established.................................................................................... ............................... ,........
9
13.03.020 —
Purpose ................................... ..................... ,................................................................. ,.......
9
13.03.030 —
General Provisions................................................................................................................
9
13.03.040 —
Definitions ...................... .............................. .................................... .....................................
9
13.03.050 —
Regulatory Authority and Requirement to Connect............................................................
10
13.03.060 —
Recycled Water Users Guide . ........... ...................................... .......... ........................... ....—
10
13.03.070 —
Recycled Water Agreement . ...... ........................ .............................................................. —
10
13.03.080 —
Designation of Site Supervisor...........................................................................................
10
13.03.090 —
Operation and Maintenance of Customer Equipment.........................................................
10
13.03. 100 —
Backflow Prevention on Recycled Water Systems.............................................................
11
Chapter 13.04
- Cross Connection Regulations ........ ....................................................... .,.........................
12
Sections: ......................................
......... ................................... ......... ............ .......................................
12
13.04.0 10 —
Purpose................................................................................................................................
12
13.04.020 -
General Provisions..........................................,.....................................................................
12
13.04.030 —
Definitions ......................................... ............................ ...... .............. .................................
12
13.040.040
- Requirements for Backflow Prevention Devices...............................................................
14
13.04.050 - Ownership of Backflow Devices........................................................................................
15
13.04.060 - Type of Protection Required............... ..................... ....................................................... .....
15
13.04.070 — Installation of Backflow Devices........................................................................................
22
13.04.080 - Testing, Maintenance and Repair of Backflow Devices......................................................
22
Chapter 13.05 - Water Waste and Water Shortage Contingency Plan........................................................23
Sections: ........ ..................................................... .............. .................................... .........................
23
13.05.010 - Purpose................................................................................................................................23
13.05.020 - Nonessential uses.................................................................................................................
23
13.05.030 - Water Shortage Contingency Plan.......................................................................................23
13.05.040 - Exempt Water Uses.............................................................................................................
24
13.05.050 — Exceptions...................................... ....... .................... ...........................................................
24
Chapter 13.06 - Water and Recycled Water Systems - Violations and Enforcement.................................
25
Sections: ...................................................................................................................................... ........
25
13.06.0 10 — Violation — General Provisions...........................................................................................
25
13.06.020 — Violation - Tampering with City Property..........................................................................
25
13.06.030 - Violation — Termination of Service.....................................................................................
25
13.06.040 — Violation — Additional Remedy......................................... ....... :... ........................ ..............
26
13.06.050 — Violation — Appeal..............................................................................................................
26
Chapter 13.44 — Water, Sewer and Recycled Water Service Charges, Billing and Collection ..................27
Sections: .............................. ................... . ................ ...... .................. ..............................................
27
13.44.0 10 - Purpose and Authority.........................................................................................................
27
13.44.020 —Definitions............................................................................................................................
27
13.44.030 - Water, Recycled Water and Sewer- - Rates for Service.......................................................
28
13.44.040 - Charges for New Installations, Meters and Special Charges...............................................28
13.44.050 — Charges when Meter Is Inoperative.................................................................................... 28
13.44.060 — Charges for Vacant Premises.......................................... ....... .............................................
28
13.44.070 — Application for Service and Deposit Required...................................................................
28
13.44.080 — Application for Service — Person with Outstanding Bills ...................................................
29
13.44.090 — Bills - Generally...................................................................................................................
29
13.44. 100 —Bills - Refunds....................................................................................................................
29
13.44.110 - Delinquent Bills — Courtesy Notice.....................................................................................
30
13.44.120 - Delinquent Bills — Service Disconnections.........................................................................
30
13.44.130 — Delinquent Bills — Authority to Assess Penalties...............................................................
30
2
13.44.140 — Delinquent Bills — Collection Agency Charges..................................................................30
13.44.150- Delinquent Bills — Property Owner Liability and Lien .............. ....................................... 30
13.44.160 Delinquent Bills — Formal Notice and Hearing........................ ............... ........................ -..... 30
13.44.170 — Charges as Lien......... ................................. ........................................... .............. ........ ......... 31
13.44.180 - Recordation of lien..............................................................................................................31
13.44.190 - Separate remedies................................................................................................................31
Chapter 13.02 - City Water System
Sections:
13.02.010 - Established.
There is established in the city a public water supply system to be known as the Rohnert Park
potable water system which shall include all facilities for the production and distribution of water
and all improvements, additions, extensions thereto.
13.02.020 — Purpose.
The purpose of the Rohnert Park potable water system is to provide a source of water for the
inhabitants of the city. Extension of water service beyond city limits shall only be permitted upon
approval of the city council. The city council shall not approve the extension of water service
unless it finds the city has sufficient water supply and sewer treatment capacity to accommodate
its current customers and the growth anticipated per the General Plan.
13.02.030 — General Provisions.
A. The city has the sole right supply water within its city limits. No person, firm,
corporation or institution shall drill, construct or cause to be constructed any well
within the city of Rohnert Park.
B. The city council shall by resolution establish rates for the sale of water, connection
fees, and any other such other fees, standards, rules and regulations as may be
necessary for the administration and operation of the Rohnert Park city water system.
C. The city will not be liable for interruption, shortage, or insufficiency of supply, or
for any loss or damage occasioned thereby caused by accidents, or acts of God,
fire, strikes, riots, war, power outages or any other causes.
D. The city, whenever it shall find it necessary or convenient for the purpose of
making repairs or improvements to its system, shall have the right to
temporarily suspend delivery of water and it shall not be liable for any loss or
damage occasioned thereby.
E. Applications for water service will be made. Such application will signify the
applicant's willingness and intention to comply with all regulations or rates duly
adopted by the city, and to make payment for services rendered.
F. All applicants for service connections or water service shall be required to accept
such conditions of pressure and service as are provided by the distribution
system at the location of the proposed service connection, and to hold the city
harmless for any damages arising out of low pressure or high pressure conditions
or interruptions in service.
G. If application is made for service to property where no service connection has been
installed, but a distribution main is adjacent to the property, the applicant, in addition
to making application for service, shall comply with the regulations and standards
governing the installation of service connections.
H. No customer shall permit the use or resale of any of the water received.
I. Representatives of the city shall carry proper identification upon exhibition of which,
they shall have the right of ingress and egress to the customer premises as necessary
to ensure the provision of water service and the protection of public health and safety.
13.02.040 — Ownership, Responsibility & Maintenance.
A. The city owns all water distribution pipelines located in streets, highways, public
ways, alleys, right-of-ways or easements which are used to serve the general
public. When water distribution pipelines are planned to be extended, in
accordance with Section 13.02.050, the owner of the lands upon which future
pipelines are to be located, shall as a prerequisite to service grant easements unto
the city for said purposes.
B. The service connection including the meter and the meter box, whether located on
public or private property, is the property of the city and no part of the cost thereof
will be refunded to the applicant. The city reserves the right to repair, replace and
maintain said service connections, as well as to remove them upon discontinuance
of service.
C. Water lines beyond the city's service connections belong to the property owner
and must be maintained in proper condition by the property owner.
D. The property owner, or designee, shall, at its own risk and expense, furnish, install
and keep in good and safe condition all equipment that may be required for
receiving, controlling, applying and utilizingwater beyond the service connection.
E. The city shall not be responsible for any loss or damage caused by the improper
installation of such equipment beyond the service connection, or the negligence or
wrongful act of the customer or of any of his tenants, agents, employees,
contractors, licensees, or permitees in installing, maintaining, operating or
interfering with such equipment installed beyond the service connection.
F. The city shall not be responsible for damage to property caused by faucets, valves
and other equipment that are open when water is turned on at the meter, either
originally or when turned on after a temporary shutdown.
G. The customer shall use all reasonable care to prevent damage to the meter or
any other facilities loaned by the city that are used in furnishing the service
from the time they are installed until they are removed. If meters or other
facilities are damaged by the customer, the cost of making repairs shall be
paid by the customer, except to the extent that the city caused or contributed
to the damage.
H. The customer shall be liable for any damage to the city -owned customer water
service facilities when such damage is from causes originating on the premises
by an act of the customer or his tenants, agents, employees, contractors,
licensees or permitees, including the breaking or destruction of locks by the
customer or others on or near a meter, and any damage to a meter that may
result from hot water or steam from a boiler or heater on the customer's
premises. The city shall be reimbursed by the customer for any such damage.
13.02.050 — Extension of Distribution Mains.
A. Applications for extension of distribution mains shall be made. Such application
will signify the applicant's willingness and intention to comply with all
regulations or rates duly adopted by the city, and to make payment for services
rendered.
B. The extension of distribution mains maybe accomplished by either the applicant
or the city, but in all cases must be approved as to design and location by the city
Engineer prior to installation. Where installation is made by the applicant, plans
must be prepared by a licensed professional only, and the city will provide
inspection services to assure installation according to approved plans. The cost of
the extension shall be borne by the applicant. The cost of city inspection shall be
borne by the applicant.
C. When the city requires the installation of a water main which is larger than that
necessary to serve the applicant, the city may, in its sole discretion, enter into an
agreement with the applicant whereby the applicant shall recover the excess cost
through a reimbursement arrangement. The reimbursement may be by way of
credits against connection or capacity charges, to the extent allowed by state
law, or from other persons at the time of connection to said main. The city may,
at its sole discretion, contribute a portion of the costs of main extensions.
D. Applicant shall guarantee all costs and charges specified herein prior to
commencement of work. Such deposit or security shall be in an amount equal to
the estimated cost together with any appropriate contingency, approved by the
city engineer. If the applicant's guarantee is in cash, any cash balance remaining
upon completion of the work shall be refunded to the applicant.
13.02.060 — Installation of Service Connections.
A. Water service connections will be installed in the size and at the location specified
by the city. Service connections will be made only to property abutting on public
streets, alleys, right-of-ways, or easements.
B. Installation charges shall be in accordance with the rates established by the city's
fee schedule.
C. For multifamily residential and non-residential services connections, the applicant
shall arrange for the installation of the water service connections by an approved
contractor. Said installation will be in accordance with the standards set forth by
the city and will be subject to city approval.
13.02.070 — Meters.
A. Meters are required for all users.
B. For commercial and industrial development, separate meters shall be
installed for each portion of the property that is or could be used or
occupied by a different customer class.
C. For all development, except single family residential development, irrigation
water shall be separately metered.
D. Meters will be installed at accessible locations at the curb, or at the property
line, in accordance with the city's adopted standards. Owners shall be
responsible for maintaining area around meter to provide adequate access.
E. Upon installation, meters will become the property of the city. No rents or
other charges will be paid by the city for a meter or other facilities, including
housing and connections, located on a customer's premises.
F. All meters may be sealed by the city at the time of installation, and no seal shall
be altered or broken except by an authorized city employee.
G. Meters or services moved for the convenience of the customer will be relocated at
the customer's expense. Meters or services moved to protect the city's property
will be moved at the city's expense.
H. The cost of a change in the size of a meter on an existing service will be paid for
by the customer.
I. All meters will be tested prior to installation by the water meter manufacturer and
no meter will be installed unless the accuracy is within one and one-half percent
(1.5%) of being one hundred percent (100%) accurate.
J. If a customer desires to have the meter serving their premises tested, the customer
shall pay a meter check fee, as established by the city's fees schedule.
K. If a meter tested at the request of a customer is found to be more than five percent
(5%) slow, the city may bill the customer for estimated consumption. Such estimates
will be made in Section 13.44.050 and will take into account the payments the
customer has made.
L. If a meter is found to be non -registering due to any cause, except the non-use of
water, the charges for service will be based on the estimated consumption. Such
estimates will be made in Section 13.44.050.
13.02.080 — Control Valve on the Customer Property.
The customer shall provide a valve on its side of the service installation as close as is
practical to the meter location, street, highway, alley or easement in which the water main
serving the customer's property is located, to control the flow of water to the piping on his
premises. The customer shall not use the service curb stop to turn the water on and off for
his convenience.
13.02.090 — Groundwire Attachments.
All persons are forbidden to attach any ground wire or wires to any plumbing which is
or may be connected to a service connection or main belonging to the city. The city
will hold the customer liable for any damage to its property occasioned by such ground
wire attachments.
13.02.110 — Temporary Service.
A. Temporary service may be provided from the potable water system through an
approved hydrant meter, unless an alternative method is specifically approved by
the city engineer.
B. Applications for temporary water service will be made. Such application will
signify the applicant's willingness and intention to comply with all regulations or
rates duly adopted by the city, and to make payment for services rendered.
C. The rates and meter rental fees for temporary water service, including any applicable
deposits, shall be established as part of the city's rate schedule.
D. All hydrant meters, or other forms of temporary connection, shall be installed by
the city or a licensed contractor and shall be operated in accordance with
instructions.
E. The customer shall use all possible care to prevent loss or damage to the hydrant
meter or to any other loaned facilities of the city which are involved in furnishing
the temporary service from the time they are installed until they are removed.
F. If the meter or any other equipment is lost, damaged or stolen, the meter rental fee,
including any applicable deposit, shall be forfeited.
G. Tampering with any fire hydrant for the unauthorized use of water there from, or for any
other purpose is a misdemeanor, punishable by law and subject to the penalties outlined
in Section 13.06.
Chapter 13.03 - City Recycled Water System
Sections:
13.03.010 — Established.
There is established in the city a public recycled water supply system to be known as the Rohnert
Park city Recycled Water System which shall include all facilities for the distribution of recycled
water including all improvements, additions, extensions thereto.
13.03.020 — Purpose.
The purpose of the Rohnert Park recycled water system to provide an alternative water supply
source for the inhabitants of the city, in accordance with the city's agreement with its wholesale
suppliers. The city shall not permit the extension of recycled water service beyond its limits.
13.03.030 — General Provisions.
The Rohnert Park recycled water system shall be operated under the provisions of Section 13.02,
which govern the Rohnert Park potable water system, except that the city council shall set
applicable recycled water rates and connection fees through an approved form of a Recycled
Water Agreement.
13.03.040 — Definitions.
For the purposes of this chapter, the following words and phrases will have the meanings
respectively ascribed to them in this section:
A. "Approved uses" means the uses defined in the city's Recycled Water User's Guide or by
state law as being approved for use of tertiary treated recycled water.
B. "Customer," "Consumer," or "User" means a person or entity having a connection into
the recycled water system or potable water system owned and operated by the city.
C. "On-site recycled water system" means that portion of the recycled water system on the
consumer's premises which begins at the coupling on the consumer's side of the water
meter.
D. "Potable water" means water which meets the federal, state and local standards for
human consumption and is approved for human consumption.
E. "Recycled water" means tertiary treated water which results from the treatment of
wastewater, is suitable for direct beneficial use, and conforms to the definition of
disinfected tertiary recycled water in accordance with state law.
F. "Recycled Water Agreement" means the agreement between the city and the customer
which grants permission to use recycled water and requires the customer to use recycled
water in accordance with the rules, regulations and standards of the Recycled Water
User's Guide and all applicable state and local rules and regulations.
G. "Recycled Water User's Guide" means city's document which details the requirements of
the state and local rules and regulations that apply to the design, installation, and
operations and maintenance of the on-site recycled water system, including but not
limited to the requirements of the California Code of Regulations, Title 22.
13.03.050 —Regulatory Authority and Requirement to Connect.
A. The State of California has declared that the use of potable water for non -potable uses is a
waste or unreasonable use of water if recycled water is available.
B. All new applicants for water service whose properties may be served by recycled water,
shall connect their property to recycled water service for those uses for which the use of
potable domestic water would be deemed a waste or unreasonable use of water as
specified in Division 7, Chapter 7, of the California Water Code (Section 13550 et. seq.)
and the state and local regulations promulgated pursuant thereto.
C. All customers are liable for the cost of connecting plumbing at the point of connection as
determined by the city and any costs of making private plumbing and irrigation systems
conform to state health standards.
D. Failure of a new customer to accept service of recycled water when it is made available,
where use of potable water would otherwise be deemed a waste or unreasonable use of
water, shall be grounds for termination of the customer's potable water service.
E. Failure of a recycled water customer to comply with the conditions specified for its use
shall be deemed a violation and shall be subject to enforcement as outlined in Section
13.06.
13.03.060 — Recycled Water Users Guide.
The city will at all times have a Recycled Water User's Guide which will be prepared,
maintained and updated by the city engineer, or designee. The purpose of the Recycled Water
User's Guide is to detail the requirements of the following rules and regulations as they apply to
the city Recycled Water System, this chapter, the California Code of Regulations Title 22, and
other State and local rules and regulations related to the use of recycled water as they may be
adopted or changed from time to time.
13.03.070 — Recycled Water Agreement.
The city will enter into Recycled Water Agreement with each recycled water customer, which
grants permission to use recycled water and requires the customer to use recycled water in
accordance with the rules, regulations and standards of the Recycled Water User's Guide and all
applicable State and local rules and regulations.
13.03.080 — Designation of Site Supervisor.
Each customer shall designate a Site Supervisor for each site covered by a Recycled Water
Agreement. The Site Supervisor must serve as a liaison with the city, and must have the authority
to carry out the requirements of the Recycled Water User's Guide and Recycled Water
Agreement including the operations and maintenance of the on-site recycled water system and
prevention of potential hazards.
13.03.090 — Operation and Maintenance of Customer Equipment.
Each customer is required to operate and maintain the on-site recycled water system in
accordance with the Recycled Water User's Guide and Recycled Water Agreement.
Notwithstanding compliance with this section, the city reserves the right to take any action
necessary with respect to the operation of the customer's recycled water system to safeguard
public health.
10
13.03.100 — Backflow Prevention on Recycled Water Systems.
The city reserves the right to require a backflow prevention device on the customer's recycled
water system if it is determined that there is a backflow hazard on-site. If a backflow device is
required, it must be properly maintained by the customer, inspected quarterly and tested at least
annually. All required tests must be submitted to the city in accordance with the city backflow
prevention program.
11
Chapter 13.04 - Cross Connection Regulations
Sections:
13.04.010 — Purpose.
This chapter provides for a reasonable and effective means of protecting the city potable water
system, and where appropriate its recycled water system, from backflow, in compliance with the
California Code of Regulations, Title 17, Division 1, Chapter 5.
13.04.020 - General Provisions.
A. It is the customer's responsibility to protect the water quality in its system when
the city requires a backflow prevention assembly to protect the public system.
B. New potable water service connections shall be installed and existing potable water
service connections shall be upgraded to conform to these requirements.
C. Wherever backflow protection has been found necessary on a water supply line
entering a customer's premises, then any and all water supply lines from the city's
mains entering such premises, buildings, or structures shall be protected by an approved
backflow prevention assembly.
D. The provisions and requirements of this chapter are the minimum requirements. Where
this chapter imposes a greater restriction than is imposed or required by other laws, rules,
regulations, standards or ordinances, of or applicable to the city, the provisions of this
chapter shall control and be applied; where such other laws, rules, regulations, standards
or ordinances are more restrictive, they shall control and be applied.
13.04.030 — Definitions.
A. "Approved" means accepted by the city as meeting applicable specifications or as
suitable for the proposed use.
B. "Approved Device" means a backflow -prevention device which is manufactured in full
conformance with the standards established by the American Water Works Association
(AWWA) and has completely met the laboratory and field performance specifications of
the Foundation for Cross -Connection Control and Hydraulic Research (FCCC&HR) of
the University of Southern California.
C. "Auxiliary Water Supply" means any water supply on or available to premises
other than potable water supplied by the city potable water system.
D. "AWWA Standard" means a standard developed and approved by the American Water
Works Association.
E. "Backflow" means the flow of water or other liquids, mixtures or substances, under
positive or reduced pressure from the customer's system into the city potable water
system.
F. "Backflow Prevention Assembly" means an assembly or means designed to prevent
backflow or back -siphonage. Backflow prevention assemblies included the
following devices:
a. "Air Gap Separation (AG)" which is a physical break between the service
connection and a receiving vessel on the customer's system, where all piping
between the service connection and the receiving vessel is entirely visible and
the air -gap separation is greater than one -inch and at least double the diameter
of the supply pipe, measured vertically from the flood rim of the customer's
12
receiving vessel to the supply pipe from the service connection.
b. "Reduced Pressure Principle Backflow Prevention Assembly (RP)" is an
assembly consisting of two independently operating check valves with an
automatically operating differential relief valve located between the two checks,
a tightly closing shut-off valve on each side of the check valve assembly, and
properly located test cocks for the testing of each check valve and the relief
valve.
c. "Double Check Valve Assembly (DC)" is an assembly of two independently
operating, spring loaded check valves with tightly closing shut-off valves on
each side of the check valve assembly and properly located test cocks for the
testing of each check valve.
G. "Backpressure" means a condition in which the owner's system pressure is
greater than the city water system pressure.
H. "Back-Siphonage" means the flow of water or other liquids, mixtures or substances
from the customer's system into the city potable water system caused by a
reduction or loss of pressure within the city potable water system.
1. "Certified tester" means:
a. A person who is certified by the city to perform testing of backflow prevention
devices, who has completed training and received certification by an AWWA
sponsored backflow device testing certification program or the University of Southern
California Backflow Prevention Device Testing School and who possesses a valid
city business license.
b. A service representative of the manufacturer of the backflow-prevention device
approved by the Engineer and possessing a valid city business license.
c. All City personnel, as authorized by the Engineer.
J. "City": means the city of Rohnert Park, California.
K. "City Potable Water System" means the potable water distribution system owned and
operated by the city, including the service connection to a potable water maid.
L. "Contamination" means an impairment of the quality of the water supply of the city
potable water system by sewage, industrial fluids or waste liquids, compounds or other
materials to a degree which creates an actual hazard to the public health through
poisoning or through the spread of disease.
M. Cross-connection" means an unprotected actual or potential connection between the city
potable water system and any source or system within a customer's premises and/or
customer's system which contains water or any substance that is not or cannot be
approved as a potable water supply. Bypass arrangements, jumper connections,
removable sections, swivel and changeover devices, or other devices through which
backflow or back-siphonage could occur, shall be considered to be cross-connections.
N. "Customer" or "User" means any person obtaining water from the city water supply
system.
O."Customer's System" means the potable water piping system located immediately
downstream from a meter.
P. "Degree of Hazard" means the potential risk to public health and the adverse effect
of the hazard upon the potable water system.
Q. "Engineer" means the city engineer of the city, or a designee.
R. "Health Agency" means the California Division of Drinking Water.
13
S. "Local Health Agency" means the Sonoma County Department of Health.
T. "Owner" means any person, who has legal title to, or a right to the use or
occupancy of, a property.
U. "Nonpotable Water" means water which is not safe for human consumption.
V. "Person" means any individual, partnership, company, public or private
corporation, political subdivision or agency of the United States State of California
or other governmental entity.
W. "Pollutant" means a foreign substance that, if permitted to get in the public water system,
will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or
quality of the water to a degree which does not create an actual hazard to the public health
but which does adversely and unreasonable affect such water for domestic use..
X. "Potable water supply: means a water supply which, according to recognized standards
and the public health authority having jurisdiction, is safe for human consumption.
Y. "Pollution" means an impairment of the quality of the potable water supply of the city.
Z. "Premises" means a piece of land together with such buildings and
appurtenances located thereon.
AA. "Recycled Water" means water which, as a result of treatment of waste, is suitable
for uses other than potable use.
BB. "Service Connection" or "User Connection" means the water piping system and/or
meter connecting the city potable water system to the customer's system.
13.040.040 - Requirements for Backflow Prevention Devices.
A. To comply with the California Code of Regulations, the city requires the installation of
approved backflow prevention assemblies or air gaps, by and at the expense of the
Owner, when the degree of hazard in the customer's system so warrants, as solely
determined by the city.
B. Backflow prevention devices or air -gaps of a type, manufacture and design approved by
the Engineer shall be installed by the customer on the customer's system in a location
approved by the Engineer in the following described categories:
a. Premises having an auxiliary water supply;
b. Premises and/or customer's systems within which any substance is handled under
pressure or any other fashion that, in the opinion of the Engineer, could
potentially permit backflow or back -siphonage into the city potable water system,
including water that originated from the city water system;
c. Premises and/or customer's systems which have more than one service connection
and which, in the opinion of the Engineer, contain cross -connections or the
potential for cross -connections which could result in the pollution or the
contamination of the city potable water system in the event of backflow or back -
siphonage;
d. Premises and/or customer's systems which, in the opinion of the Engineer, contain
cross -connections or the potential for cross -connections which could result in the
pollution or contamination of the potable city water system in the event of
backflow or back -siphonage;
e. Premises and/or customer's systems where, in the opinion of the Engineer, the
potential for contamination is such as to require an air -gap separation system;
f. Premises having a gray water use system as defined by California Code of
14
Regulations, Title 24, Part 5; and
g. Premises having a recycled water system as defined by the State of California
Code of Regulations, Title 22, Division 4, Chapter 3.
h. On tank trucks and spray tanks of 49 gallons or more, that will connect to the
city's system.
i. All temporary water cross connections, including but not limited to the use
of fire hydrants or blow -offs for construction water, flushing lines, or
similar purposes.
13.04.050 - Ownership of Backflow Devices.
Backflow -prevention devices and air -gaps shall be and remain the property of the
customer.
13.04.060 - Type of Protection Required.
The type of backflow protection required shall be commensurate with the degree of hazard that
exists on the customer's premises. The minimum types of backflow protection required to protect
the public water supply, at the customer's water connection to premises with varying degrees of
hazard are given in Table 1. The Owner may choose a higher level of protection than required by
the city. Situations which are not covered in Table 1 shall be evaluated on a case by case basis
and the appropriate backflow protection shall be determined by the Engineer.
15
TABLE I
TYPE OF PROTECTION REQUIRED
Degree of Hazard
Minimum Level
of Backflow
Prevention
A
Sewage and Hazardous Substances
Premises wherethe publicwater system is used to supplementthe recycled
AG
water su 1
Premises where there are wastewater pumping and/or treatment plants and
AG'
there is no inter- connection with the potable water system. This does not
include a sin le famil residence that has a sewa e lift pump.
Premises where recycled water is used and there is no interconnection with the
AG'
otable waters stem.
Premises where hazardous substances are handled in any manner in which the
AG'
substances may enter a potable water system. This does not include a single
family residence that has a sewage lift pump_
Premises where there are irrigation systems into which fertilizers, herbicides,
RP
or pesticides are, or can be, injected
B
Auxiliary Water Supplies
Premises where there is an unapproved auxiliary water supply which is
AG 2
interconnected with the public waters stem.
Premises where there is an unapproved auxiliary water supply and there are
RP3
no interconnections with the public waters stem _
C
Fire Protection Systems
Premises where the fire system is directly supplied fi-om the public water
DC
system and there is an approved auxiliary water supply on or to the
premises (not interconnected).
Premises where the fire system is supplied from the public water system
_
AG'
and interconnected with an unapproved auxiliary water supply
Premises where the fire system is supplied from the public water system
DC
and where either elevated storage tanks or fire pumps which take suction
from the private reservoirs or tanks are used. __
Premises where entry is restricted so that inspections for cross-
D
RP
connections cannot be made with sufficient frequency or at sufficiently
short notice to assure that cross -connections do not exist.
Premises where there is a repeated history of cross- connections being
E
RP
established or re-established
In the case of tankers and spray tanks of 49 gallons or more, including
F
AG/RP
but not limited to fire.
`
An RP may be provided in lieu of an AG if approved by the city and the health agency
`
A RP or DC may be provided in lieu of an AG if approved by the city and the health agency.
A DC may be provided in lieu of a RP if approved by the city and the health agency.
16
1.3.04.070 - Installation of Backflow Devices.
A. New Service Connections.
a. At the time of application for potable water service, the Engineer will review
said application to determine the need for a backflow -prevention device or air -
gap. If the Engineer determines that a backflow -prevention device or air -gap is
required, it shall be the customer's responsibility at customer's expense to
provide for installation of an approved backflow -prevention device or air -gap
in accordance with city standards and at a location approved by the Engineer.
b. Installation of a backflow -prevention device or air -gap, where required by the
city, shall be a condition of city potable water service and meter installation.
B. Existing Service Connections without Backflow- Prevention Devices or Air -Gaps. The
city may inspect the premises of existing customers which, in the opinion of the
Engineer, may require a backflow -prevention device or air -gap. If the Engineer
determines that a backflow -prevention device or air -gap is required, the installation of
an approved device or air -gap shall be a condition of continued potable water service
from the city potable water system to the premises and/or customer's systems.
C. Upgrading of Existing Backflow -Prevention Devices or Air -Gaps. An existing
backflow -prevention device or air -gap which, in the opinion of the Engineer, is a non -
approved device or air -gap that does not provide adequate protection for the degree of
potential hazard from the backflow or back -siphonage from a premises and/or
customer's systems, shall be upgraded at the customer's expense.
13.04.080 - Testing, Maintenance and Repair of Backflow Devices.
A. The customer on any premises where backflow -prevention devices are installed shall be
responsible for maintenance and repair of the devices. The customer shall at all times
maintain the devices in proper working order as a condition of continued city potable
water service.
B. Customers' backflow -prevention devices shall be inspected and tested by a certified
tester at least once a year. Where the Engineer determines that there is a potential for
backflow or back -siphonage, the Engineer may require inspection and testing of the
backflow -prevention devices at more frequent intervals. Inspections and tests shall be at
the customers' expense.
C. Backflow -prevention devices which fail to pass inspection or testing by a certified tester
shall be repaired within 30 days after notification of test results.
D. Repairs and satisfactory retest of devices by a private certified tester shall be documented
and submitted on a form provided by the city.
22
Chapter 13.05 - Water Waste and Water Shortage Contingency Plan
Sections:
13.05.010 - Purpose.
The purpose of this chapter is to promote the efficient use of the water and recycled water
supply provided by the city; to eliminate the intentional or unintentional waste of water when a
reasonable alternative solution is available; to prohibit the use of equipment that is wasteful
and to outline the city's policy with respect to water shortages.
The provisions of this chapter shall apply to all persons, customers, and property served by the
city.
13.05.020 - Nonessential uses.
No customer of the city shall use or permit the use of city potable or recycled water supply for
the following nonessential uses:
A. The washing of sidewalks, walkways, driveways, parking lots and other hard -surfaced
areas by direct hosing, except as may be necessary to properly dispose of flammable or
other dangerous liquids or substances, wash away spills that present a trip and fall
hazard, or to reduce or eliminate materials dangerous to the public health and safety.
B. The escape of water through breaks or leaks within the customer's plumbing or private
distribution system for a period of time greater than seventy-two hours after discovery
of the break or leak or receipt of notice from the city.
C. Irrigation in a manner or to an extent which allows excessive runoff of water or
unreasonable over -spray of the areas being watered.
D. Washing cars, boats, trailers or other vehicles and machinery directly with a hose not
equipped with a shutoff nozzle.
E. Water for non -recycling decorative water fountains.
F. Water for single pass evaporative cooling systems for air conditioning in all connections
installed after the effective date of this chapter, unless required for health or safety
reasons.
G. Water for new non -recirculating conveyor car wash systems.
H. Water for new non -recirculating industrial clothes washing systems.
13.05.030 - Water Shortage Contingency Plan.
The city will at all times have a Water Shortage Contingency Plan which will be prepared,
maintained and updated by the city engineer, or designee. The Water Shortage Contingency Plan
shall, at a minimum, be reviewed every five years in association with the approval of the city's
Urban Water Management Plan.
The purpose of the Water Shortage Contingency Plan is to detail the voluntary and mandatory
actions that the city will require to respond to water shortages caused by drought or other natural
or manmade disaster. The Water Shortage Contingency Plan shall comply with State and local
rules and regulations related to drought and water shortages as they may be adopted or changed
23
from time to time.
13.05.040 - Exempt Water Uses.
All water use associated with the operation and maintenance of fire suppression equipment or
employed by the city for water quality flushing and sanitation purposes shall be exempt from
the provisions of this chapter.
13.05.050 — Exceptions.
Any customer of the city may make written application for an exception to the requirements of
this chapter. Said application shall describe in detail why applicant believes an exception is
justified based on unique hardship or circumstances. Generalized economic hardship alleged to
result from the provisions of this chapter shall not be a reason for granting an exception.
A. The city manager may grant exceptions for use of water otherwise prohibited by this
section, upon finding and determining that failure to do so would cause an emergency
condition affecting the health, sanitation, fire protection or safety of the applicant or
public; or, cause a unique, unnecessary and undue hardship on applicant or the public.
B. The decision of the city manager may be appealed to the city council by submitting a
written appeal to the city clerk within fifteen calendar days of the date of the decision.
If the exception is granted by the city council on appeal, the city council may impose
any conditions it determines to be just and proper. Exceptions granted by the city
council shall be prepared in writing and the city council may require the exception be
recorded at applicant's expense.
24
Chapter 13.06 - Water and Recycled Water Systems - Violations and
Enforcement
Sections:
13.06.010 — Violation — General Provisions.
It is unlawful for any person, firm, corporation or institution to make or cause to refuse to
comply with the provisions of Chapters 13.02 through 13.05 of this Municipal Code, governing
the operation and use of the Rohnert Park city potable and recycled water systems.
13.06.020 — Violation - Tampering with City Property.
A. It is unlawful for any person, firm, corporation or institution to make or cause to be made
any connection with or to the city water system or recycled water system unless
authorized by the city.
B. No one except an employee or representative of the city shall at any time in any manner
operate the curb or main valves, or remove and/or tamper with locking devices of the
city's system; or interfere with meters or their connections, street mains or other parts of
the water system.
C. Penalty for tampering:
i. First Offense: $ 500.00
ii. Second Offense: $1,000.00
iii. Third Offense: $1,000.00
iv. Subsequent Offenses: $1,000.00
13.06.030 - Violation — Termination of Service.
A. The city may terminate water and/or recycled water service to a customer for
noncompliance with Section 13.02 through 13.05 of this Municipal Code and any other
adopted ordinances, rules and regulations of the city, if the customer fails to comply
within five (5) days after receiving written notice of the city's intention to discontinue
service.
B. The city may terminate water and/or recycled water service immediately and
without notice to the customer when the customer's noncompliance constitutes an
immediate danger to the health, safety and welfare of the public and/or to the
operation, maintenance, or costs of operation and maintenance of the city's water
or recycled water systems.
C. The city may refuse to furnish water and/or recycled water and may terminate water
and/or recycled water service to any premise where apparatus, appliances, or equipment
using water and/or recycled water furnished by the city are dangerous, unsafe, or not in
conformity with any laws, ordinances and/or rules of the city, county, state or federal
government.
D. The city may refuse to furnish water and/or recycled water and may terminate water
and/or recycled water service to any customer whose current demand greatly exceeds past
averages or seasonal use, and where such current demand threatens the public health,
safety of welfare and the city's ability to provide service to one or more other customers.
25
13.06.040 - Violation - Additional Remedy.
A. Any violation of Sections 13.02 through 13.05 of this Municipal Code and any other
adopted ordinances, rules and regulations of the city shall be enforced as an infraction
in accordance with k, ? : � Cp i:. ! i '_'s_ of this Code. Every day any violation of this chapter
continues is a separate offense.
B. As an additional remedy, the violation of any provision of this chapter by any person
who has received more than one written warning to refrain from the same or any other
violation under this chapter in one calendar year shall be deemed and is declared to be a
public nuisance and may be subject to abatement in accordance with !. r:; .' ! of
this Code.
13.06.050 - Violation - Appeal.
Any person or customer of the city may make a written appeal of any alleged violation of
Chapters 13.02 through 13.05 of this Municipal Code in accordance with procedures outlined
in Chapter 1. 25 of this Code.
26
Chapter 13.44 - Water, Sewer and Recycled Water Service Charges,
Billing and Collection
Sections:
13.44.0 10 - Purpose and Authority.
This chapter establishes the rules and regulations for billing and collection of water, sewer and
recycled water service charges including, but not limited to, requirements for security deposits,
and maintenance of service, customer responsibilities, prohibited acts and penalties, adjustments
of billings, and service discontinuance.
13.44.020 —Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings
respectively ascribed to them in this section.
A. "Billing period" means the period of time between meter readings for which a customer
is billed.
B. "Charge" or "rate" means the amount of money to be paid by the person liable to the city
for potable, recycled water, and sewer services.
C. "Customer" or "consumer" means any persons liable for a connection into the potable
water, recycled water or sewer systems.
D. "Permanent water service" means the installation of a permanent (non -temporary) city
water meter in an approved water meter box accompanied by a request to the city by the
property owner, agent, or tenant to establish a permanent connection for service by the
potable water system or recycled water system.
E. "Potable water system" means the system of pipelines, pump stations and appurtenances
owned and operated by the city and which delivers water for human consumption.
F. "Recycled water system" means the system of pipelines, pump stations and
appurtenances owned and operated by the city and which delivers, for approved uses,
non -potable tertiary treated recycled water as defined by State law.
G. "Fixed monthly service charge" means the fixed charge to be paid by persons liable for
each and every connection to and/or use of the city recycled water, potable water and/or
sewer system based upon the size of the water meter. This includes both fixed charges
dedicated to system operations and fixed charges dedicated to capital replacement or
reserves.
H. "Service or water service" means a connection through which potable or recycled water
is supplied or is available to a person from and out of the potable or recycled water
system owned and operated by the city.
I. "Service lateral" means that portion of the potable or recycled water system which
extends from the city water main to the coupling immediately beyond the meter box on
the consumer's premises.
J. "Sewer cap" means sewer charges for customers based on metered consumption of water
as determined by averaging usage during winter billing periods occurring during the
months of December through February and in accordance with policies, rules, or
regulations approved by the city council.
27
13.44.030 - Water, Recycled Water and Sewer - Rates for Service.
A. The city council shall adopt water and sewer rates by Resolution. Water and sewer rates
may include both fixed and variable components in order to allow the city to recover its
costs for the provision of service. Water and sewer service charges are separately stated
and billed upon the same bill.
A. The city council shall impose recycled water rates through agreement. Recycled water
rates shall generally conform to the policies of the Santa Rosa Subregional System, the
city's recycled water producer. Recycled water services charges may be billed with water
and sewer service charges or may be separately billed.
B. Water Shortage Charges - At any time the city council declares a water shortage
emergency and implements water rationing stages 2, 3 or 4 pursuant to its current,
adopted urban water shortage contingency plan, any water shortage rates structure,
adopted by the city council will be applied to all potable water accounts.
13.44.040 - Charges for New Installations, Meters and Special Charges.
In addition to its rates for service, the city council, by Resolution, may adopt uniform installation
charges for all new services and connections, including the cost of meters and special charges for
special services rendered. Such charges may be amended and varied from time to time; provided,
that all such charges shall reasonably reflect the total actual cost and expense of the service
performed or materials supplied.
13.44.050 — Charges when Meter Is Inoperative.
If a meter fails to register due to any cause except the nonuse of potable or recycled water, the
charge for potable or recycled water will be estimated based on previous consumption for a
comparable period or by such other method as is determined by the city. In the preparation of
such averaged bills, due consideration will be given to fluctuations caused by seasonal changes
or any interruption to the service known to have occurred.
13.44.060 — Charges for Vacant Premises.
If a property is vacant, the fixed component of the water and sewer service charge will be billed
to the property owner.
13.44.070 — Application for Service and Deposit Required.
A. All customers must apply for service in order to establish a water, recycled water or
sewer service account. Applications may be made in person, over, the phone, by email,
through an online system or by any other method designated and approved by the city.
B. Applications may be made by either property owners or tenants and all applicants are
liable for the city's charges for service.
C. As part of the application, property owners and occupants are required to provide a
deposit in the amount set by the city manager. The deposit required of tenants shall not
exceed that allowed under Public Utilities Code Section 10009.6.
D. Deposits made by property owners are refundable after the expiration of one year if
the property owners' account has not been in arrears during the first year of said
deposit. if the service is discontinued in less than one year, the deposit will be
applied to the account to offset any outstanding amount due. Credit balances after all
charges have been invoiced will be refunded.
28
E. Deposits made by other than property owners shall be applied on account upon
termination of service. Credit balances, of more than ten (10) dollars, after all
charges have been invoiced will be refunded. Credit balances of less than ten
dollars will be retained by the city.
F. Regardless of the customers' payment history, the city may require a new deposit
before rendering service to the same customer at a new service address.
G. Any deposit eligible for refunding and uncalled for within five (5) years from the
date when made will become the property of and be retained by the city.
13.44.080 — Application for Service — Person with Outstanding Bills
When an application for potable, recycled water or sewer service is made by an applicant who
was responsible for and failed to pay all bills for service previously rendered, regardless of
location or when incurred, the city may refuse to furnish service to such applicant until the
outstanding bills are paid and may require additional deposit, in an amount set by the city
Manager.
13.44.090 — Bills - Generally
A. Bills for water and sewer service to residential, commercial, institutional and industrial
accounts will be rendered bi-monthly in arrears unless otherwise provided by
agreement.
B. Bills for recycled water service will be rendered in accordance with the Recycled Water
Agreement.
C. If the total period of service is less than the billing period, the period of service will
be prorated and the service charge adjusted accordingly.
D. Bills for service to all accounts are due and payable upon presentation. Payments
may be made in any manner designated and approved by the city.
E. Bills become delinquent twenty days after they have been presented to the customer.
F. A fee of twenty-five dollars ($25.00) will be charged to customers for bill
payments returned, from any method of payment.
13.44.100 — Bills - Refunds
A. Whenever the amount of any water, recycled water or sewer service charge has been
overpaid, or paid more than once, or has been erroneously or illegally collected or
received by the city, it may be refunded as provided in this section.
B. The claimant or his or her guardian, conservator, executor or administrator must
submit a written application to the city's finance director, on a form provided by the
city, within six months of the alleged overpayment or erroneous or illegal collection.
The application must clearly establish claimant's right to the refund by written
records.
C. Upon receipt of the claim, the city will evaluate the request and provide a written
evaluation of its analysis, including any refund due, within sixty days.
D. Any customer aggrieved by the city's decision with respect to its refund request, may
appeal to the city manager by filing a notice of appeal with the city clerk, within
fifteen days of the finance director's decision. The city manager will render a written
decision within sixty days of the filing of the appeal. The findings of the city
manager shall be final. Any amount found to be due shall be immediately due and
payable upon the service of notice.
29
E. The submission of a written claim as set forth in Chapter 2.44 shall be a prerequisite
to a suit challenging a city decision made Pursuant to this chapter.
F. The filing of a claim on behalf of a class or group of property owners is not
permitted.
13.44.110 - Delinquent Bills — Courtesy Notice
A. Courtesy notices will be sent out to those accounts whose balance is past due. If
payment is not received within ten (10) days from the date of the courtesy notice, a
shut-off notice will be mailed.
13.44.120 - Delinquent Bills — Service Disconnections
A. Five (5) days will be allowed after the shut-off notice is mailed before service is
disconnected for non-payment.
B. When water, recycled water or sewer service is disconnected for nonpayment, the
city may demand the full amount of both delinquent and current bills be paid in
full, and the same shall be paid in full before service is restored.
C. To re-establish credit, a. customer may be required to pay all back bills up to the
time service was discontinued. The customer will also be required to pay reconnection
charges as established by the city council.
13.44.130 — Delinquent Bills — Authority to Assess Penalties
The city council may by resolution prescribe penalties or charges to be assessed against
delinquent accounts and shall have the power and authority to enforce collection thereof.
13.44.140 — Delinquent Bills — Collection Agency Charges
If, in an effort to collect a delinquent bill, the city uses the services of a collection agency, any
and all collection agency fees shall be passed on to the delinquent customer.
13.44.150- Delinquent Bills -_ Property Owner Liability and Lien
Regardless of the whether the customer is the property owner or a tenant, by the adoption of a
resolution, the city council may declare that delinquent charges and penalties for water,
recycled water or sewer service, when recorded shall constitute a lien upon real property
served after notice and hearing as in Section 13.44.150
13.44.160 Delinquent Bills — Formal Notice and Hearing
A. On or before the fifteenth day of June of each year the city council shall hold a
hearing to determine the amount of the delinquent charges and penalties for sewer
and water service. Notice of hearing shall be given by the city clerk and shall
contain a copy of the proposed resolution, state the time and place for a hearing on
the proposed resolution, and provide that any person interested may appear at the
hearing and be heard as to the charges and penalties.
B. The notice shall be published at least once each week for two weeks prior to the
hearing in a newspaper published in the city. The first publication shall be at least
fifteen days prior to the date of the hearing.
C. At the time and place fixed in the notice of hearing, the city council shall hold the
hearing. At the hearing, any person interested may appear and be heard on the
matters set forth in the notice. At the hearing the city council may change or modify
IM
the charges and penalties; provided, however, that no charge or penalty shall be
increased from that set forth in the proposed resolution unless notice of intention to
make said increase shall be published at least once or posted at least ten days prior
to the hearing on the proposed charge.
D. At the conclusion of the hearing, the city council may determine that the charges
and penalties are not discriminatory or excessive, comply with the law, and adopt
said resolution as proposed or modified.
E. One of the modifications of the resolution may be the finding and determination by
the city council that the amount of the charge and penalty shall be placed on the tax
roll. If such finding and determination is made by the city council, the city clerk
shall forward the amount fixed by the city council to the Sonoma County tax
collector for placement on the tax roll next succeeding the hearing.
13.44.170 — Charges as Lien
Charges for potable or recycled water service and all penalties thereon, when confirmed by the
city as provided in this chapter, shall constitute a lien upon the real property served and such lien
shall continue until the charge and all penalties are fully paid or the property is sold therefore.
The lien shall be prior to all other liens recorded after the lien for potable or recycled water
charges is recorded as herein provided. In addition, the city council may authorize the Finance
Director to place the lien on the tax roll of the property served.
13.44.180 - Recordation of lien.
The lien provided for in this chapter shall attach and be entitled to priority as of the time the
finance director records the list of delinquent unpaid charges and penalties with the county
recorder. Each recorded lien shall state the amount of each charge and the penalty, a
description of the real property upon which the same is a lien, and the name of the city of
Rohnert Park to which the same is payable. A list of all delinquent charges shall be recorded
annually, but no delay or informality in recording them shall invalidate the lien or any unpaid
charge or any subsequent act or proceeding.
13.44.190 Separate remedies.
As separate, distinct, and cumulative remedies for the collection of said charges and penalties,
the city shall use a collection agency or bring an action in court to collect the unpaid charge
and all penalties. In the event of court action, reasonable attorney's fees may be awarded the
city. In the event a collection agency is used, reasonable collection agency fees may be added
to the unpaid charge.
31
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 910.
SUMMARY OF ORDINANCE NO. 910 OF THE CITY OF ROHNERT PARK,
CALIFORNIA, REPEALING RESOLUTION 2005-86 AND CHAPTERS 13.04, 13.44,
13.62 AND 13.66 OF TITLE 13 OF THE ROHNHERT PARK MUNICIPAL CODE AND
ADDING CHAPTERS 13.02, 13.03, 13.04, 13.05, 13.06 AND 13.44 TO TITLE 13 OF THE
ROHNERT PARK MUNICIPAL CODE
was published on September 15, 2017 and September 29, 2017, as required by law, and
posted in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on September 13, 2017 and September 27, 2017.
v, r k1/7 !N) « 9' (r
ned
Sub ribe_d and sworn t before me his day of �"1-v e/✓
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.910
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Ordinance No.910"of which the annexed is a printed copy,was published in said newspaper at least_i
consecutive time(s),commencing on the 15 day of September,2017 and ending on the 15 day of September,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 15 day of September,2017 at Rohnert Park,California
Signed
SUMMARY OF ORDINANCE NO.910 OF THE CITY OF ROHNERT PARK, t
CALIFORNIA,REPEALING RESOLUTION 200586 AND CHAPTERS 13.04, I
13.44,13.62 AND 13.66 OF TITLE 13 OF THE ROHNHERT PARK MUNICIPAL
CODE AND ADDING CHAPTERS 13.02,13.03,13.04,13.05,13.06 AND 13.44
TO TITLE 13 OF THE ROHNERT PARK MUNICIPAL CODE
�s
Claudia Smith Chief Clerk Pursuant to Government Code section 36933(c),the following constitutes a summary of
Ordinance No.910 introduced by the Rohnert Park City Council on September 12,2017,
and scheduled for consideration of adoption on September 26,2017,at its meeting to be
held in the City Council Chamber,at 130 Avram Avenue,Rohnert Park,California.
The purpose of Ordinance No.910 is to:clarify the City's potable water system rules and
regulations including its cross connection control regulations;promulgate rules and reg-
ulations for the City's recycled water system;update the City's water waste and water
shortage contingency regulations to comply with state law;and clarify the City's prac-
tices with respect to billing and collection of water,recycled water and sewer rates and
charges.The City's water system rules and regulations have evolved over time and Or-
dinance No.910 reduces duplicative provisions within the Municipal Code and existing
Resolution 2005-86.
A certified copy of the full text of Ordinance No.910 is posted and available for review in
the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.
This ordinance was introduced by the City Council of the City of Rohnert Park on Sep-
tember 12,2017.
DATED: September 13,2017JoAnne Buergler
PUBLISHED:September 15,2017 1r„ 4 City Clerk
The Community Voice