HomeMy Public PortalAboutOrd. 1670ORDINANCE NO. 1670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING
SECTIONS 14 -1, 14 -2, 14 -3, 14 -4, 14 -5, 14 -8, 14 -10 OF CHAPTER 14 OF THE
LYNWOOD MUNICIPAL CODE AND ENACTING ARTICLE 14 CHAPTER 1 OF THE
LYNWOOD MUNICIPAL CODE RELATING TO WATER SERVICE
WHEREAS, a reliable supply of potable water is essential to the public health,
safety and welfare of the people and economy of the City of Lynwood; and
WHEREAS, the City Council wishes to establish rules,, regulations, policies and
procedures for the efficient provision of water services and the extension of water service
in the City of Lynwood; and
WHEREAS, the City Council wishes to establish the duties, obligations and
responsibilities of the City and its water customers; and
WHEREAS, the City Council wishes to promote the elimination or control of
existing and potential water cross connections between systems, plumbing fixtures, and
industrial piping; and
WHEREAS, the standards and requirements set forth herein are intended to
benefit the public by ensuring that property owners enjoy a reasonable, beneficial, and
economic use of their property; and
WHEREAS, the City Council of the City of Lynwood wishes to adopt a new Water
Service Ordinance to protect the public health and safety of its citizens and to promote the
general welfare of the people of the City of Lynwood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Sections 14 -1, 14 -2, 14 -3, 14 -4, 14 -5, 14 -8 and 14 -10 of Chapter
14 of the Lynwood Municipal Code are hereby repealed.
Section 2. Article 14 Chapter 1 Section 14 -1.1 through Section 14 -1.72 (Water
Service) of the Lynwood Municipal Code is hereby enacted to read as follows:
ARTICLE 14
PUBLIC UTILITIES AND CITY SERVICES
CHAPTER 1
WATER SERVICE
14 -1.1 General Definitions
The following words, terms and phrases, when used in this Chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A. "Approved Water Supply" means a water supply whose potability is regulated by the
Federal Government, State of California or City of Lynwood.
B. "Air -Gap" Separation (AG) means the physical break between the supply line and a
receiving vessel.
C. "Auxiliary Water Supply" means any water supply other than that received from the
City of Lynwood. These auxiliary waters may include water from another purveyor's
public water supply or any natural source(s), such as a well, spring, river, stream, harbor,
recaptured stormwater and so forth; used waters; or industrial fluids. These waters may
be contaminated or polluted, or they may be objectionable and constitute an
unacceptable water source over which the City of Lynwood does not have sanitary
control.
D. "AWWA Standard" means the official standard developed and approved by the
American Water Works Association (AWWA).
E. "Backflow" means the undesirable reversal of flow in a potable water distribution
system as a result of a cross connection or the unwanted flow of used or non - potable
water, foreign liquids or gases or any other substance from any domestic, industrial or
institutional piping system into the pure, potable water distribution system.
F. "Backflow Preventer or Backflow Prevention Device" means a safety device used to
prevent pollution or contamination of the water supply due to the reserves flow of water
or other substance into the public potable water supply.
G. "Backpressure" means a pressure, higher than the supply pressure, caused by a
pump; elevated tank, boiler, or any other means that may cause backflow.
H. "Backsiphonage" means backflow caused by negative or reduced pressure in the
supply piping.
I. "Base Rate or Fixed Component" means the minimum fixed charge per billing period
for water service to a user as set by the City Council by Resolution.
J. "Billing Period" means the calendar accounting unit for which charges are assessed
and imposed for water service.
K. "Billing Unit" means the unit of water used to apply water rates for the purposes of
calculating water charges for a person's water usage and equals one hundred (100)
cubic feet or seven hundred forty -eight (748) gallons of water.
L. "City" means the City of Lynwood, California.
M. "City Council' means the City Council of the City of Lynwood.
N. "Connection" refers to the act of linking the service pipe of a house, building, or other
property to the City water system, and also to the physical apparatus by which such
linking is accomplished.
O. "Construction Meter" means a temporary meter attached to a fire hydrant at a
construction site to measure water usage at the site.
P. "Contamination" means an impairment of a potable water supply by the introduction
or admission of any foreign substance that degrades the quality and creates a health
hazard.
Q. "Cross Connection" means the unprotected actual connection or potential connection
between a potable water system used to supply water for drinking purposes and any
source or system, sewer drain, conduit, pool storage reservoir, plumbing fixture or other
device containing unapproved water or a substance that is not or cannot be approved as
safe, wholesome, and potable. By -pass arrangements, jumper connections, removable
sections, swivel or changeover devices, or other devices through which backflow could
occur, shall be considered cross - connections.
R. "Customer" or "Consumer" means all persons obtaining water service from the water
supply system of the City of Lynwood.
S. "Developer" means a person, natural or otherwise, who divides a tract of land into
lots for sale as residential property or who makes improvements to residential,
commercial, office or industrial properties.
T. "Double Check Valve Assembly (DC) Backflow Prevention Device" means an
assembly of at least two independently acting check valves including tightly closed shut-
off valves on each side of the check valve assembly and test cocks available for testing
the water tightness of each check valve.
U. "Hazardous Materials" means any material that, because of its quantity,
concentration, or physical or chemical characteristics, poses a significant present or
potential hazard to human health and safety or to the environment if released into the
workplace or the environment. "Hazardous materials" include, but are not limited to,
hazardous substances, hazardous waste, and any material that a handler or the
administering agency has a reasonable basis for believing that it would be injurious to
the health and safety of persons or harmful to the environment if released into the
workplace or the environment.
V. "Hazardous Substance" includes, but is not limited to, any "hazardous substance" as
that term is defined under California Health and Safety Code Sections 25281(g),
25501(o) and 25501.1, and pursuant to Title 42, Section 9601(14) of the United States
Code; any "hazardous waste" as that term is defined under Title 42 Sections 6903(5) of
the United States Code, and under California Health & Safety Code Section 25550(p);
any "hazardous material," as that term is defined under California Health & Safety Code
Section 25501(n); any chemical which the Governor of California has identified as a
chemical known to cause cancer or reproductive toxicity, pursuant to California Health &
Safety Code Section 25249.8; and any crude oil or refined or unrefined petroleum
product, or any fraction or derivative thereof, and any asbestos or asbestos - containing
material. The term "hazardous substance" includes any amendments to the above -
referenced statutes and regulations.
W. "Health Agency" means the California Department of Health Services, or the local
health officer with respect to a small water system.
X. "House Line" means that portion of the water service pipe from the discharge side of
the meter to the structure serviced.
Y. "Industrial Fluids System" means any system containing a fluid or solution that may
be chemically, biologically, or otherwise contaminated or polluted in a form or
concentrate, such as would constitute a health, system, pollution, or plumbing hazard, if
introduced into the City of Lynwood's water supply.
Z. "Local Health Agency" means the County or City health authority.
AA. "Main" means a water line designed or used to serve more than one premise.
BB. "Meter Tampering" means cutting water meter locks or alteration or damage of any
water meter or any of , its components or unauthorized connections to the City water
system or the use of "straight lines," "cheater pipes" or "bypass hoses" or any other
means to take water by bypassing the City water meter or prevent water from being
properly metered by the City.
CC. "Person" means any person, firm, association of persons or corporation, including
public, private or municipal corporation.
DD. "Potable water" means water which is suitable for drinking.
EE. "Premises" means a private home, building apartment house, condominium, trailer
court, mobile home park, a group of adjacent buildings or property utilized under one
ownership and under a single control with respect to use of water and the responsibility
for payment thereof.
FF. "Potential Cross - Connection" means a fixture or appurtenance with threaded hose
connection, tapered spout, or other connection which would facilitate extension of the
water supply line beyond its legal termination point.
GG. "Private Fire Hydrant" means a discharge pipe with a valve and spout located on
private property at which water may be drawn.
HH. "Private Fire Service Main" means a.pipe and its appurtenances on private property
that is (1) between a source of water and the base of the riser for water- based fire
protection systems; or (2) between a source of water and inlets to fire foam making
systems; or (3) between a source of water and base elbow of private fire hydrants or
monitor nozzles; or (4) used a fire pump suction and discharge piping; or (5) beginning at
the inlet side of the check valve on a gravity or pressure tank.
II. "Processing Fluids" means any fluid or solution which may be chemically or
biologically or otherwise contaminated or polluted in a form or concentration such as
would constitute a health, pollution, or system hazard if introduced into the public water
system or a consumer's potable water system. This includes, but is not limited to,
polluted or contaminated waters; processed waters; used waters originating from the
public water supply system which may have deteriorated in sanitary quality; cooling
waters; questionable or contaminated natural waters taken from wells, lakes, streams, or
irrigation systems; chemicals in solution or suspension; oils, gases, acids, alkalis and
other liquid and gaseous fluids used in industrial or other processes, or for firefighting
purposes.
JJ. "Public Fire Hydrant" means a discharge pipe with a valve and spout located on
public property for use primarily by fire service personnel at which water may be drawn
from the water main.
KK. "Reclaimed Water" means wastewater which as a result of treatment is suitable for
uses other than potable use.
LL. "Recycled Water" means the reclamation and reuse of nonportale water for
beneficial use.
MM. "Reduced Pressure Principle (RP) Backflow Prevention Device" means a backflow
preventer incorporating not less than two check valves, an automatically operated
differential relief valve located between the two check valves, a tightly closed shut -off
valve on each side of the- check valve assembly, and equipped with necessary test
cocks for testing.
NN. "Roving Meter" means a meter attached to a movable vehicle to measure water
drawn from a fire hydrant into a tank attached to the vehicle.
00. "Service Line" means that portion of water service pipe from the main line up to
and including the discharge side of the water meter.
PP. "Straight Line or Cheater Pipe" means any type of device installed in lieu of a water
meter, connecting to the City's water service line to a private service line for the purpose
of obtaining unmetered water.
QQ. "Subdivision" is a tract of land divided by.a subdivider, or any lot or lots or tract of
real property on which any building is or will be built.
RR. "Survey" means the collection of information pertaining to a customer's piping
system regarding the location of all connections to the public water supply system and
must include the location, type and most recent inspection and testing date of all cross -
connection control devices and methods located within that customer's piping system.
The survey must be in written form, and should not be an actual plumbing inspection.
SS. "System" means all water source and supply, facilities, transmission pipelines, and
storage facilities, pumping stations, distribution mains and appurtenances, vehicles and
materials storage facilities.
TT. "Usage Charge or Variable Component" means the charge per 1,000 gallons of
water used by a water user established by the City Council by Resolution.
UU. "User" means a person, natural or otherwise, who utilizes the water system of the
City for any purpose.
RR. "User Connection" means the point of connection of a user's piping to the City of
Lynwood's water facilities.
SS. "Water Main" means the water pipe owned by the City from which water service
lines lead.
TT. "Water Meter" means the instrument which measures and records the amount of
water which flows through it.
UU. "Water Service" means the provision of potable or non - potable water from various
sources, including, but not limited to, groundwater or other native water, imported water,
recycled water, reclaimed water, and re- captured stormwater, such that water flows
through a system connected to the City water system.
VV. "Water System" includes pipes, water mains, meters, valves, reservoirs, tanks,
wells, springs, hydrants, sources, pumps and all other property and equipment owned by
the City of Lynwood and through or from which water flows.
WW. "Water User" means any person obtaining water from the City of Lynwood's water
supply.
XX. "Well" means an opening in the surface of the earth for the purpose of removing
water through non- mechanical or mechanical means for any purpose.
14 -1.2 Purpose.
The purpose of this Chapter is to (1) establish rules, regulations, policies, and
procedures for the service and the extension of service from the water system of the City
of Lynwood and (2) to promote the public health, safety and general welfare of the users
of the water system in accordance with standards established by the City, County, State
and Federal Governments.
14 -1.3 Provisions of Chapter Deemed Incorporated into Water Service
Agreements.
All provisions of this Chapter shall be deemed to be incorporated into every service
agreement between the City and its water service customer. Each customer shall be
charged with knowledge of the provisions of this Chapter and, by applying for and
accepting water service from the City, to have assented to the provisions of this Chapter.
14 -1.4 Authority to Establish Administrative Procedures.
The City Manager, or City Engineer or their designees, shall have the authority to adopt
administrative procedures necessary to effectively implement the provisions of this
Chapter.
14-1.5 City is Sole Source of Water Service.
To protect the health, safety and welfare of the community and provide efficiency in the
delivery of municipal services, the City of Lynwood shall be the only allowed source of
municipal, commercial, industrial and domestic water supply within the incorporated
boundaries of the City with the exception of the area currently served by the Park Water
District and bottled water purchased for consumption from licensed vendors or retail
store.
14 -1.6 Right to Refuse, Limit, or Discontinue Water Service.
The City may not be required to provide water services to any customer unless said
customer agrees to the terms and conditions of service, and meets the requirements of
the City as set forth herein. Water resources are limited, and the City strives to provide
water in an efficient way and to conserve where necessary. As such, the City reserves
the right pursuant to California law to limit water service when necessary in the interest
of the public health and safety.
14 -1.7 Private Water Wells Prohibited.
No person; firm, association, corporation, or any other entity shall drill, install, sink,
construct, maintain or use a water well within the City limits of Lynwood, without the prior
written approval of the City Council.
14 -1.8 Public Works Department Provides Water Service.
The Public Works Department shall have authority to operate and maintain the City of
Lynwood's water system and furnish water service to the residents of the City of
Lynwood for fees set by the City Council by Resolution or Ordinance. To accomplish
these purposes, the Public Works Department is empowered to employ persons, acquire
equipment and perform all other acts necessary or incidental to the accomplishment of
the above described purposes, subject to all applicable ordinances, resolutions, rules,
regulations, policies and directions of the City Manager and the City Council.
14 -1.9 Public Works Department Duties.
The Public Works Department shall administer and enforce this Chapter under the
direction of the City Manager or his or her designees, _and manage the City's water
system pursuant to the provisions of this ordinance and pursuant to the resolutions,
rules, regulations and directives issued by the City Manager or adopted by the City
Council prescribing their powers and duties.
14 -1.10 Duty to Treat Water.
The Public Works Department shall treat or cause to be treated the water furnished to
the water users hereunder using current water treatment methods if such treatment is,
necessary for the water to conform to ordinary and contemporary standards of purity and
fitness for potable use.
14 -1.11 Duty to Maintain Water System.
The Public Works Department shall keep the water system in good repair. Any leaks,
breaks, or equipment failures shall be promptly repaired.
14 -1.12 Compliance with California Code and Lynwood Municipal Code.
All new buildings or structures located within or outside the corporate City limits, and
any additions, modifications, alterations or repairs of existing buildings that use the water
facilities of the City shall comply with the requirements of the Lynwood Municipal Code
and the California Building Code as amended, including securing of all permits and
inspections required by such code.
14 -1.13 Connection Authorized.
The Public Works Department shall cause to be connected with the City's water system
the service line of any property abutting on a City water main after the property owner or
his or her agent complies with all of the following provisions of this section:
A. Water Service Agreement. The property owner other than a developer, fills out, signs
and files with the City Finance Department a water service agreement approved by the
City Manager and the City Attorney.
B. Service Line. The property owner or his /her agents shall install a service line to the
property location designated by the City Public Works Department which meets the
following requirements:
1. The service line is of material and quality approved by the Public Works
Department.
2. The service line, when used, be buried at a location, depth and grade approved
by the Public Works Department.
3. The service line does not cross property owned by a person other than the
property owner who applied for the connection, unless written permission is
obtained from the Public Works Department.
4. The service line, when connected, will supply water to no more than one building,
except where written permission is obtained from the Public Works Department.
Connection of such a service line may be added, if the property owner applying
for the connection is the owner of all buildings located to such service line. For
the purposes of payment of fees under this ordinance, however, each building
which shall receive water service through a common service line shall be deemed
to receive said water service through a separate service line for the payment of
charges set forth in subsection (F).
C. Illegal Use of Water Pressure. The water provided through the connection will not be
used for the purpose of driving any motor, siphon, turbine, or other wheel, or any
hydraulic engine, or elevator, or for driving or propelling machinery of any kind
whatsoever, or for any other purpose which the City Engineer, City Manager or City
Council have not approved in writing.
D. Inspection. The service line of the building to be connected has been inspected by
an authorized employee of the City and found to conform to these ordinances and to the
provisions of the Lynwood Building Code. The service line and all other underground
water lines or connections shall be open and visible to the inspector at the time of the
inspection.
E. Charges Current. The user requesting connection has no unpaid delinquent water
charge assessed against him or her by the City of Lynwood for any location within the
City's utility services boundary.
F. Fees Due at Connection. The user shall pay at the time he or she files his or her
application for connection all of the following applicable fees:
1. The connection charge specified by the City Council by Resolution.
2. Water impact fees adopted by the City Council by Resolution.
3. Any other fees adopted by the City Council by Resolution or included in any
development agreement approved by the City Manager or City Council.
14 -1.14 Water Service Assigned to One Premise.
No person shall supply or furnish water in any way for use outside of the premises to
which the service is assigned or appurtenant.
14.1 -15 New Meter Sets.
The City Engineer or City Manager or their designees shall have the authority to
establish rules, regulations, and specifications regarding new meter sets and meter
vaults. Meters may be purchased from the Public Works Department. Installation of
new meters and construction of meter vaults for new construction shall be at the
expense of the contractor or customer. Approval by the Public Works Department shall
be required before the water meter set is constructed and service begins.
14.1 -16 Extension of Water System.
In addition to the immediate preceding section, the following provisions shall apply to
anyone seeking to connect to the City water system where said system does not extend
to such property.
A. Agreement. Whenever a developer or builder desires or is required to install water
connections and extensions for a subdivision or other development, the developer shall
enter into a written water extension agreement with the City which shall constitute an
application for permission to make said extensions and connections that shall be made
and the payments that shall be required.
B. Sizing of Main Line Extensions. The City reserves the right to determine the size of
the pipe necessary in making any extension, but in no case shall pipe smaller than six -
inches in diameter be installed.
C. Dedication. Any extension of the City water system granted in accordance with the
provisions of the immediate preceding paragraph including, all easements necessary to
accommodate its installation and maintenance, shall upon completion and acceptance
become the property of the City of Lynwood.
D. Limitation of Extension Rules. Nothing contained in this ordinance shall limit or
prevent the City from extending its distribution system whenever it may determine that
circumstances so warrant.
E. Service Outside City Limits. The City of Lynwood is under no obligation to supply
water outside the City limits. However, the City of Lynwood may enter into an agreement
to furnish water service from its water system to persons outside the City in accordance
with the provisions of this Section, the terms and conditions of any assessment district,
in accordance with City Council policies or action, or as otherwise permissible under
California law. In addition, any person or persons located outside the City limits that
desires to be supplied with water service from the City water system must be willing to
(1) pay in advance the whole expenses of extending the water system to his or her
property and (2) be annexed to the City.
1. If, at the time of the initial request for annexation is submitted, the area upon
which the facility is located is not contiguous with the City limits or otherwise not
legally available for annexation, the owner of the property shall enter into a
contract with the City to be approved by the City Council, which contract shall
provide that the property owner shall not withdraw the written request for
annexation, that the written request for annexation shall be kept in full force and
effect until such time as the area becomes legally available for annexation. If the
annexation request is withdrawn the facility shall be disconnected from City
water. The contract shall run with the land and will be filed at the County
Recorder's office.
2. In addition to the water requirements set forth in this section, any agreement shall
contain a certified acknowledgement that the petitioner understands that the City
in granting the petition need only supply such water to the petitioner which from
time to time shall be deemed by the City Council to be beyond the requirements
of water use within the City limits and the provision of water service may be
curtailed or terminated by the City, subject to Section 144.6 above. If the City
Council grants the petition or any portion thereof, the petitioner and the City of
Lynwood shall enter into a written water system extension agreement, which
agreement shall be executed prior to the commencement of any work upon said
water extension.
3. If the property is acquired by a new owner, the new owner shall, within ninety (90)
days of acquiring the property, submit a written request for the annexation of the
area to the City and execute a contract as specified in this section to be approved
by the City Council. If no such request or contract is received within the time
specified, the property shall be disconnected from City water service.
14 -1.17 Responsibility of Service Lines and House Lines.
The City's responsibility for all water service lines is from the connection at the City's
main water line to the water meter box. From the water meter box to the customer's
premises is the sole responsibility of the customer to install, own, maintain, and /or
replace.
14 -1.18 Replacement of Existing Service Line.
The replacement of a previously used service line shall be deemed a connection and the
provision of sections 14 -1.16 and 14 -1.17 herein shall apply to said replacement.
14 -1.19 Installation and Maintenance of Meters and Property Stops.
In connecting to a water main, the customer or contractor shall install or cause to be
installed a service line of suitable quality under the street and a meter box, meter, and
property stop at a location determined by the Public Works Department. Said connection
pipe, meter box, meter and property stop are and shall be the property of the City, which
retains the sole right to maintain, repair and service said facilities.
14 -1.20 Permit for Service Line Repair, Alternation or Connection.
It shall be unlawful for any person, to open, alter, repair or connect to any existing water
main or service line without it first having received a permit from the Public Works
Department or other authorized City department. No permit authorizing such alteration,
repair, connection or opening shall be issued if said alteration or connection results in
water service to a building to which such service was not previously furnished, unless
such building is owned by the owner of all other buildings connected to said service line.
Any connection from an existing service line to a building to which water service was not
furnished before the connection is made shall need to be a new, original service line
connection and the property owner shall pay the fees set by Resolution or Ordinance of
the City Council before receiving the permit referred to above.
14 -1.21 Unauthorized Water Connection or Restoration of Service.
A. Prohibited. It shall be unlawful for any person by himself or herself to directly or
indirectly through family, servants or agents to connect to, disconnect, repair or alter the
City water system or any part thereof, including, but not limited to, any water line or
water meter, or to open any fire hydrant, property stop, valve, or other fixtures attached
to the system of water supply unless it is done pursuant to a City- approved application;
agreement, permit or resolution.
B. Licensed Utility Contractor. A licensed utility contractor approved by the City or a
licensed utility contractor under contract with the City may tap a City water line or water
main in accordance with the following:
The utility contractor shall be responsible for any damage to the water main or
water line where the tap is being made. All repairs to the water main or water line
where damage has occurred shall be made by an authorized employee of the
Public Works Department or authorized licensed utility contractor. The utility
contractor shall be responsible for the cost of the tap to an existing water main or
water line.
2. The licensed utility contractor shall be responsible for any repairs to the tap or
service line extension due to any defects of materials or workmanship for one
year after the tap has been completed.
3. The licensed utility contractor shall use all his or her professional skills to ensure
that there is no contamination of City water mains. Any contamination of City
water mains shall be reported immediately to the Public Works Department.
Employees of the department will take corrective measures and fees will be
assessed to the person responsible for the damage for all repair work
accomplished.
14 -1.22 Tampering with Meters.
A. Inspection and Adjustment. Meters may be checked, inspected or adjusted at the
discretion of the City, and they shall not be adjusted or tampered with in any manner or
removed by the user or any other person.
B. Opening Boxes. Meter boxes shall not be opened for the purpose of turning on or off
the water except by an authorized representative of the City unless special permission is
given by the Public Works Department, except in an emergency.
C. Meter Interference. No person shall:
1. Prevent water from passing through any meter connected directly or indirectly
with the public water mains.
2. Prevent any meter from accurately registering the amount of water passing
through such meter.
3. Prevent or obstruct a meter from accurately registering the quantity of water
supplied, or in any way interfere with the purpose, action or just registration of a
meter.
D. Responsibility to Prevent. A user shall prevent any damage to the water meter used
by such user and shall pay the cost of repairing any damage to the water meter other
than normal wear and tear. Any amounts due by reason of this subsection may be
added to a user's bill for water service, and any amount received from such user
thereafter shall be applied first against the amount due pursuant to this subsection and
thereafter to any other amount(s) due from such user for other purposes.
14 -1.23 Misrepresentation in Application or Service Agreement.
It shall be unlawful to misrepresent a material fact in applying for a water connection or
in a water service agreement. Material facts shall include the identity of the applicant as
the owner of the property to be connected, and the purpose for which the water service
provided will be used.
14 -1.24 Customer Responsibility.
Customers are responsible for furnishing the City with their correct address. Failure to
receive bills will not be considered a reason for nonpayment, nor permit an extension of
the date at which time the account will be considered delinquent.
14 -1.25 Forwarding Water Balances.
Should a customer have an unpaid balance from a previous location, a forwarding
balance will be added to the customer's present account. The City reserves the right to
disconnect the customer's present service for unpaid forwarding balances.
14 -1.26 Discontinuance of Service by Water Service User.
Any user desiring to discontinue water service shall notify the Finance Department. Any
credit balance in favor of the user, as a result of a deposit or advance payment, shall be
refunded promptly after receipt of the notice of discontinuance, except that an amount to
be set by the City Council by Resolution or Ordinance shall be retained by the Finance
Department as a fee for turning off water service.
14 -1.27 Charges for Water Service.
A. Water Fees. The City Council shall by Resolution or Ordinance set the amount of
charges, fees, and assessments that include, but are not limited to the following:
1. Base rate or fixed component (Readiness to Serve) service charge.
2. Usage charge or variable component charges based upon billing units used by the
customer. A billing unit equals one hundred (100) cubic feet or seven hundred -and-
forty -eight (748) gallons of water.
3. Service charges other than the base rate.
4. Late fees.
5. Return -check fees.
6. Development water impact fees.
7. Water connection fees.
8. Reconnection fees during regular business hours after water shut off.
9. Fire hydrant water use fees from construction or roving meters.
10. Fire line fee.
11. Fee for water used by contractors in new construction.
12. Meter tampering fee.
13. Missed appointment fee after second missed appointment.
14. Penalty fee for unauthorized water connections and use of City water by the use
of "cheater pipes, "straight lines" "hoses" or other means.
15. Other fees as determined by the City Council.
B. Water Billing Duration. The City shall determine the duration of the billing period and
may change the duration of the billing period from time to time. If the due date is a
Saturday, Sunday or legal holiday, charges shall become delinquent at the close of
business on the next business day after said Saturday, Sunday or legal holiday.
Postmarks will not be accepted as the date the payment was received.
C. Unified Billing. Municipal utility services shall be billed under a unified bill which
includes water, sewer, garbage collection charges and other charges as the City Council
designates.
D. Unpaid Water Bills are Liens. All unpaid accounts for water delivered at any
premises shall constitute a lien against the same and shall be subject to collection all as
provided by the Revenue Bond Law of 1941 as found in Title 5, Division 2, Part 1,
Chapter 6 of the California Government Code.
E. Disputed Bills. If a Water Bill's accuracy is questioned or disputed by a customer,
the customer shall request an explanation from the City within the current billing period
or as soon as possible thereafter. Any amounts withheld by the customer pending
resolution of said dispute shall be considered delinquent to the extent said amounts are
withheld after they have become due. After reviewing the disputed bill, the City will:
a. Issue a corrected bill or reflect the corrections on the bill in a subsequent billing
period; or
b. Advise the customer that the bill is correct as presented, in which case the
customer may choose to have the Meter removed for testing at the customer's
own expense.
14 -1.28 Free Service Prohibited.
There shall be no free service rendered by the City and, if any local, state or federal
government, or any department, agency or instrumentality thereof, or any other public
body shall desire service to be rendered by the City, it shall apply for and receive such
service pursuant to the City's ordinances, resolutions, policies, rules and regulations and
shall pay for the same as established by Resolution or Ordinance of the City Council.
14 -1.29 Application of Utility Bill Payments.
Any payments received by the City for the payment of utility bills shall be applied to the
outstanding balances of service charges in the following order: (1) fines, penalties,
assessments or delinquencies, (2) deposit, (3) utility tax, (4) garbage, (5) street
sweeping, (6) livable environmental fee, (7) sewer, (8) fire line, (9) readiness to serve
water fee, (10) water service billable units.
14 -1.30 Payment Delinquency.
Penalties and interest shall be charged on all delinquencies as established by
Resolution of the City Council. All delinquent charges are considered liens against the
property and the City Manager, Finance Director or their designees are empowered to
file liens against the appropriate premises as set forth in Section 14 -1.27. Moneys paid
where any portion of an account is delinquent shall first be credited to the delinquent
portion of the bill and then to the current billing.
For the purposes of this Chapter, a Water Bill will be delinquent if a user is withholding all or
portions of said Water Bill pending resolution of a dispute regarding said Water Bill.
The City reserves the right to refer accounts to a collection agency when past -due balances
exceed 120 calendar days.
14 -1.31 Water Shut -Off Notice.
If a service charge remains unpaid for one (1) complete billing period, the Finance
Department shall notify in writing by mail the occupant of the premises at least nineteen
(19) days after the bill is sent, that the water service will be discontinued if payment is not
made within fifteen (15) calendar days after the date on the notice. A shut -off notice -
processing fee as determined by Resolution of the City Council shall be charged at the
time that the notice is sent.
14 -1.32 Water Service Shut -Off.
Except for shut -down of services related to those violations set forth in 14 -1.33 below,
for which no notice is required, notice must be provided to customers prior to a shut-
down of services in accordance with 14 -1.31 above. In addition to the fifteen (15) day
termination notice, a final forty -eight (48) hour termination notice shall be given to the
property owner if a water service charge remains unpaid. No service shall be
disconnected on a Thursday, Friday or the day before a holiday.
However, notwithstanding the foregoing provisions of this section, Finance Department
authorized personnel under the direction of the City Manager may,, at their discretion,
agree to forbear discontinuance of water service for a limited period of time and by
special, written agreement with the water ,user in arrears. Failure of the water recipient
to keep future charges current and fulfill all the terms of the agreement may make the
agreement null and void and make all charges in arrears due immediately. Failure to pay
immediately all charges in arrears will result in discontinuance of water service.
Water services shall be restored at such time as the financial cause for termination or
discontinuance has been rectified and payment has been made of all proper charges
due, including any reconnection charges. If water service has been shut -down due to
some physical cause, water service shall be restored upon such cause being rectified.
14 -1.33 Unauthorized Water Service --Theft of Services.
A. Prohibited. It shall be unlawful to provide oneself or others with (or make use of)
water service from the City water system without authorization from the City. When
water service has been discontinued by the Public Works Department for non- payment
of water charges, noncompliance with these ordinances, or for any other reason, it shall
be unlawful to restore water service or receive water service by any means without
authorization by the City. The presence at any time on or about any meter, water line or
water main of the City (whether such meter is owned or operated by the City or others)
of a pipe or any other device which diverts water or results in taking of any water except
through an authorized meter shall constitute prima facie evidence on the part of the
person owning or having custody or control of the premises (where such a device or pipe
is located) of the knowledge of the existence thereof. The knowledge of such existence
by the person who would benefit by the failure of the water to be accurately metered,
and shall further constitute prima facie evidence of intention on the part of such person
to violate this Section.
B. Meter Removal. If water service has been discontinued by the Public Works
Department due to nonpayment or for any other reason, and the customer turns the
service back on or otherwise restores service without approval, the Public Works
Department may remove the meter and plug the service.
C. Unauthorized Water Use Charges. In addition to any criminal penalties, the City may
assess charges and fees established by Resolution or Ordinance for meter tampering,
meter removal or unauthorized use of the City water service. Such charges may be
collected as provided by this Chapter.
14 -1.34 Appeals.
The City Manager is hereby authorized to hear appeals regarding water service and
make any corrections of any assessments or charges that he or she believes is just and
appropriate under the circumstances.
14 -1.35 Legal Action.
The Finance Director, City Attorney or City Manager or their designees are hereby
authorized and empowered to enforce the payment of all delinquent water charges
whether for water connection or for water service, by any action at law in the corporate
name of the City if the amount paid in advance or in deposit, if any, by the defaulting
water user is not sufficient to fully extinguish the liability of said user to the City for the
water connection or water service.
14 -1.36 Responsibility for Water Leakage.
All property owners, or their agents and tenants, shall be held responsible as consumers
for loss of water due to leakage in the pipe or plumbing beyond the discharge side of the
meter or on the property. If lost water is not paid in accordance with the provisions of
this Chapter and in accordance with rates established by Resolution or Ordinance by the
City Council, the water service maybe discontinued until all amounts due are paid.
Water service will not be restored until all leaks have been repaired to the satisfaction of
the Public Works Department.
14 -1.37 Water Meters.
A. Water Metering Required. All water delivered by the City to its customers shall be
metered through water meters owned by the City. However, the City Manager or his or
her designees may authorize unmetered water use for temporary special purposes, and
enter into agreements for the assessment of charges thereof.
B. Sub - metering. It shall be unlawful for any person to construct, occupy or allow to be
occupied any structure in which the construction plan provides for a master meter and
sub - metering of water consumption of one or more owners or tenants, unless the plan
has been approved by the City Manager or his or her designees. Each occupied
structure and any unimproved parcel shall be served water through a separate metered
connection, except that structures located on a single parcel and under the same
ownership, office buildings, hotels, motels, apartment houses, courts and multifamily
dwellings may be served by a single metered connection.
C. Meters to be Approved by City. The size, type, location and right to own and control
all meters installed or used by consumers of its water shall be determined by the Public
Works Department.
D. Ownership and Installation. All meters installed on water service connections shall
be and remain the property of the City and shall be removed only by the City. Consistent
with Section 14 -1.14, installation of new meters and construction of meter vaults for new
construction shall be at the expense of the contractor or customer.
E. Maintenance and Repair. The City shall maintain and repair all domestic, commercial
and industrial service water meters and shall replace meters periodically, when
necessary, if rendered unserviceable by ordinary use. When replacement or repairs to
any meter are made necessary by the willful act, neglect or carelessness of the owner or
occupant of the premises serviced, all expenses of such replacement shall be borne by
the owner or occupant of the premises.
F. Testing. If a user submits a written request for a test of his or her water meter, the
Public Works Department may, if the circumstances deem. it advisable, order a test of
the meter measuring the water delivered to such user. If such request to test the meter
is made within twelve (12) months after the date of the last previous test, the user will be
required to pay the costs of such test if the meter is found in such test to record from
97% to 103% of accuracy under testing methods satisfactory to the Public Works
Department. In the event that the meter is found to be recording less than 97% or more
than 103% of accuracy, the City shall make such adjustments in the user's bill as are
just and fair under the circumstances.
G. Stopped Meters: If meters fail to register at any time, the water delivered during this
period shall be estimated on the basis of previous consumption. If the user has no
previous consumption then a reasonable estimate may be made by the Finance
Department and Public Works Department based on historical information maintained by
the City.
H. Construction Meters and Roving Meters. Construction meters are to be installed or
moved by the contractor under the supervision of City personnel. Roving meters are to
be installed on equipment by the contractor. A deposit may be required for construction
or roving meters owned by the City and will be forfeited if the meter is lost, damaged or
stolen. Meter readings are to be reported by the user to the Public Works Department or
Finance Department monthly. Failure to provide a monthly meter reading will cause the
Public Works Department to estimate usage and bill accordingly. A minimum charge
will be assessed if no usage is recorded on the meter.
I. Loaned Meters. No person shall refuse to deliver any meter or other appliance
loaned to him or her by the Public Works Department for the purpose of furnishing water
through the meter and registering the quantity thereof.
J. Access to Meters. Access to water meters by City personnel must be provided at all
times.
K. Plumbers. Notwithstanding any other provision of this Chapter, in the case of leaks
or other accidents damaging service lines or other apparatus connected with the water
system, plumbers or other qualified persons may shut off the water at the water box to
make necessary repairs and turn on the water upon completion of such repairs without
obtaining authorization.
14 -1.38 Interruption of Water Service.
A. Water Service May be Interrupted. The City will undertake to use reasonable care
and diligence in order to prevent and avoid interruptions and fluctuations in water
service, but it cannot and does not guarantee that such will not occur.
B. Repairs, Connections, Extensions and Maintenance. The City reserves the right to
temporarily discontinue and to reconnect water service without notice to all users for the
purpose of making repairs, connections, extensions and cleaning of mains, machinery,
storage reservoirs or any other appurtenances to the water, supply and distribution
system. All users having boilers, air conditioning equipment or other water - consuming
devices which may become damaged due to interruption of water service, and which are
supplied directly with City water, need to take action to avoid or minimize their risk. The
City shall not be liable for any damage that may occur on account of the water being cut
off for any purpose.
C. Water Pressure. The City shall not be liable for any damage to plumbing, pipes or
fixtures on premises caused by pressure from the City water system.
D. Notice. While it is the intention of the City to give notice in advance of any work
(which is not considered an emergency) which must be done that will necessitate any
interruption of the supply, such notice is to be considered a courtesy, and not a
requirement on the part of the City. Property owners must so regulate their installations
connected with the water supply system that damage will not occur if water is shut off or
turned back on without notice.
14 -1.39 Water Supply and Pressure.
A. Water Supply and Pressure. The City does not guarantee a uniform pressure, or an
uninterrupted supply of water, and customers are cautioned to provide appropriate
devices to satisfy specific pressure requirements and sufficient storage of water where
absolutely uninterrupted water supply and pressure must be assured.
B. Minimum Water Pressure. Based on the California Department of Health Services
(DHS) regulations, the City provides each customer with a minimum of twenty (20)
pounds per square inch (psi) water pressure as measured at the water main in the
street.
14 -1.40 Disconnection of Service— Condemned Buildings.
Whenever a premise supplied with water has been found by the proper authorities to be
dangerous to human life and unfit for human habitation, and notice of such findings has
been issued by the proper authority, the City shall cause the water service to such
premise to be turned off. Water service to such premise shall not be restored until the
owner and /or his or her agent has secured a release or clearance from the proper
authorities.
14 -1.41 Repair and Replacement of House Lines.
It shall be the responsibility of the owner of the property to make all repairs and
replacements of house lines from the discharge side of the water meter to the structure.
A permit is required for the replacement of a house line.
14 -1.42 Authorized City Representatives Have Free Access.
A. Service Access. Free access at ordinary hours shall be granted to the City and its
authorized representatives to any place supplied with water service from the municipal
system for the purpose of examining the apparatus, the amounts of water used, manner
of its use, to make any and all necessary adjustments to said system, and to assure
conformity to all City water ordinances, resolutions, policies and regulations.
B. No Service Without Access. Whenever the owner or the occupant of any premises
provided service by the City restrains authorized City employees from making such
necessary inspections, water service may be refused or discontinued.
14 -1.43 Abandonment of Service Lines and House Lines.
A. Permanent Abandonment. All service lines and house lines which permanently
abandoned shall be securely capped or plugged at a location designated by the City
Public Works Department.
B. Temporary Abandonment. Water service lines which will be abandoned temporarily
shall be cut and plugged at the property line leaving the meter installation and meter box
intact.
C. Inspection. Any water service pipe temporarily abandoned for more than two years
must be inspected by the Public Works Department before that pipe can be placed into
operation. If the service line or house line does not conform to minimum standards, the
service pipe shall not be used and shall be abandoned permanently by the owner.
14 -1.44 Outdoor Water Sprinklers.
A. Water Pressure. It shall be unlawful for any person to use such number of outdoor
water sprinkler outlets simultaneously or to use such sprinklers or combinations of
sprinklers or outlets as will, in the opinion of the Public Works Department, materially
affect the pressure or water supply of the City water system or any part thereof. The
Public Works Department may specify by regulation combinations or number of sprinkler
and outlets which may have such effect.
B. Notice. The Public Works Department shall, after determination that such improper
sprinkler use exists, notify the offending water user, or the owner of the premises
whereon such use occurs, of such determination in writing and order such use
discontinued.
14 -1.45 Water Use Curtailment.
In time of water scarcity, whenever it shall in the judgment of the City Council by
Resolution be necessary to limit the use of water, it shall be unlawful for any person by
himself or herself, family, servants or agents to violate any resolution made by the City
Council pursuant to this section. If any violation shall occur, then in addition to any other
penalty, the water service to the premises upon which such violation occurs may be shut
off. If shut off for this reason, it shall not be turned on again until the payment of an
amount set by the City Council for each violation of the said resolution is received.
14 -1.16 Trespass and Damage to Water System.
A. Prohibited. It shall be unlawful for any person to destroy, deface, damage, injure,
tamper or interfere with the operation of any part, pipe, fixture, appliance, appurtenance
or property of the City of Lynwood water system, or shall place or cause to be placed, or
induced into the City of Lynwood water system or any source of water supplying said
system, any substance poisonous to human life or harmful to human health or
detrimentally affecting the taste, smell, color, odor, or other aesthetic characteristic of the
water.
B. Trespassing Upon Water Works. It shall be unlawful to trespass inside the fenced
enclosure of any City -owned water or Public Works Department facility or in any other
manner to interfere with or prevent the operation of such systems and the water supply
therefore, or any portion thereof.
C. Clear Access. It shall be unlawful for any person to store, maintain or keep any
goods, merchandise, materials or rubbish within a distance of five (5) feet of, or to
interfere with, the access or operation of any water meter, gate valve, fire hydrant, or
other apparatus in use on any water service, connection, water main or fire protection
service.
D. Restitution. All damages or injury to the lines, meters or other materials of the City
on or near a user's premises caused by any act or neglect of the user or his or her
agents shall, in the discretion of the City, be repaired by or at the expense of the user.
The user shall pay all costs and expenses, including reasonable attorneys' fees, which
may arise or accrue to the City through its efforts to repair or recover expenses for the
repair of the damage to the lines, meters or other equipment of the City water system or
Public Works Department.
14 -1.47 Water Use by Contractors.
The Public Works Department may permit use of water from fire hydrants by contractors
of public work, or by public utilities that are engaged in work on public streets, subject to
the conditions of this chapter. A charge shall be paid in advance for use of water from
fire hydrants which shall be set by the City Council by Resolution.
14 -1.48 Maintenance and Control of Public Fire Hydrants.
Public fire hydrants are the property of the City of Lynwood and are under the control of
and shall be kept in repair by the Public Works Department. Private fire hydrants on
private property shall be kept in repair by the private property owner.
14 -1.49 Drawing of Water from Fire Hydrants.
A. Unauthorized Use. It shall be unlawful for any person, except a member of the Fire
Department, Public Works Department or other authorized City employee in the scope of
employment, to open or use water from a fire hydrant, or to take off the cap without
permission from the Public Works Department, or to remove the cap by using any
wrench other than the wrench made specifically for that purpose.
B. Permit Required. No person other than a duly authorized employee of the City shall
use water from, or connect any apparatus to, a fire hydrant, nor shall any person
remove, obliterate, deface, or obstruct any permit. Any permit, wrench, connecting
apparatus, valve, hose, or other apparatus attached to a fire hydrant in violation of this
section shall be subject to confiscation by the City.
14 -1.50 Use of Water Service During Fire.
In the event of a fire within the City, a fireman or employee of the Public Works
Department may order that all valves, taps and property stops connected to the plumbing
systems of any property supplied with water service be closed and remain closed until
the fire is extinguished.
14 -1.51 Fire Sprinkler System Inspections.
Every customer receiving water from the Public Works Department through a fire
sprinkler system for the purpose of fire protection which is not metered shall at all
reasonable times permit the Public Works Department, Fire Department or other
authorized employee to enter the premises and building for examination of pipes and
fixtures to ensure that the system is maintained only for fire protection. Refusal by such
customer shall result in refusal of water supply from the Public Works Department until
such permission is granted.
14 -1.52 Private Fire Service Water Mains, Sprinkler Systems and Fire Service
Storage Tanks.
A. Sprinkler and Fire Service Connections. No connection for a sprinkler or private fire
service main shall be permitted unless application therefore has been made to and
granted by the Public Works Department and approved by the Fire Department and City
Building Official. In no instance shall any connection be made with any sprinkler or
private fire service main without the written consent of the Public Works Department.
Should it be found that any unauthorized connection has been made, or that any water
has been used from a sprinkler or private fire service main for any other purpose than
extinguishing a fire, or that a waste of water is permitted from such connection through
leaks in the pipes or fixtures, the water service may be discontinued until a meter
prescribed by the Public Works Department has been installed at the expense of the
customer. Fire sprinkler systems and fire service connections shall be installed with a
detection meter of a size and type approved by the City Engineer.
B. Financial Responsibility. The furnishing, installation, maintenance and inspection
of all meters and services, checks, bypasses, valves, piping, etc., necessary for the
installation and operation of sprinkler systems and fire services shall be at the expense
of the customer.
C. Insurance Services Office Guidelines. Fire protection systems shall be provided in
accordance with Insurance Services Office (ISO) guidelines.
D. Ground Storage Reservoirs or Fire Pumps. When ground storage reservoirs or fire
pumps are installed on private property, such pumps shall discharge into a fire system
approved by the Public Works Department, Fire Department and City Building Official.
An approved check valve shall be installed in the owner's fire service between the point
where the pump discharges into such service and the connection of such fire service to
the City water mains to prevent backflow from the fire pump into the City distribution
system. The water in such fire storage tanks will be maintained in a potable condition
and subject to periodic inspection by Public Works Department personnel. Such tanks
and water quality shall be maintained in compliance with the standards and
requirements of the State Department of Health and the City. Such tanks shall not be of
the pressure type. The delivery of City water to the tank shall be above the tank flow line
with a one foot air gap. The supply line to this tank shall not be controlled by a quick -
acting valve which will cause water hammer in the distribution system. Water tanks shall
be equipped with an overflow pipe at least twelve (12) inches below the City inlet pipe.
The overflow pipe shall be protected as to prevent access of insects, birds, or animal life
into the reservoir. The pipe shall be at least two (2) inches in diameter larger than the
inlet supply line from the City distribution system. Such storage tank shall be provided
with a drainpipe and valve for easy drainage of the tank. The drain pipe may not be
connected to the City sanitary sewer system.
14 -1.53 Purpose of City Water Backflow Prevention and Cross - Connection
Program.
The purpose of the City's water backflow prevention and cross connection program is to:
A. Protect City Water System. Protect the public potable water supply of the City of
Lynwood from the possibility of contamination or pollution by isolating within the
customer's internal distribution system(s) or customer's private water system(s) such
contaminants or pollutants that could backflow into the public water system.
B. Eliminate Water Cross Connections or Potential Water Cross Connections. Promote
the elimination or control of existing water cross connections, actual or potential,
between the customer's in -plant potable water system(s) and non - potable water
systems, plumbing fixtures, and industrial piping systems.
C. Cross - Connection Program. Provide for the maintenance of a continuing program
of cross - connection control that will systematically and effectively prevent the
contamination or pollution of all potable water systems.
14 -1.54 Water Cross Connections and Potential Water Cross Connections
Prohibited.
The installation or maintenance of a water cross connection or potential water cross
connection is prohibited. Any such cross connection or potential cross connection now
existing or hereafter installed is hereby declared a public health hazard and a public
nuisance and shall be abated immediately. Water service will be discontinued to any
premises upon failure to comply with the provisions of this chapter. For protection of the
City's water supply from backflow, furnishing of water service shall be contingent upon
the customer providing cross connection control approved by the City of Lynwood.
14 -1.55 Responsibility for City Backflow Prevention and Cross Connection
Program.
The City Engineer and Public Works Department shall be responsible for the protection
of the public water system from contamination or pollution due to the backflow of
contaminants or pollutants through any water service connection. The City Engineer and
Public Works Department shall determine the type, design, layout and location of
backflow prevention devices required at each premises.
14 -1.56 Responsibility of Owner and Customer for Water Cross Connections,
Potential Cross Connections and Backflow Prevention.
The owner or customer shall be responsible for protection of the public water supply
system from contamination due to backflow or back - siphonage of contaminants through
the owner's or customer's water service connection. If, in the judgment of the City
Engineer or Public Works Department or their authorized representatives, an approved
backflow prevention device is necessary for the safety of the public water supply system,
the City Engineer or the Public Works Department shall give notice to the owner or
customer to install such approved backflow prevention device at each service connection
to the premises. The owner or customer shall immediately install such approved device
or devices at his or her own expense. Failure, refusal or inability on the part of the
consumer to install such device or devices immediately shall constitute grounds for
discontinuing water service to the premises until such device or devices have been
installed. The City Engineer or Public Works Department may require the consumer to
submit a cross - connection inspection report to the City to assist in determining whether
or not service line protection will be required.
14 -1.57 Water Backflow Prevention and Cross - Connection Program.
The City of Lynwood shall protect the public water supply from contamination by
implementation of a backflow prevention and cross - connection control program. The
program, or any portion thereof, may be implemented (1) directly by the City of
Lynwood, (2) by contract with a private firm or organization, (3) by means of a contract
with the local health agency, or (4) with another agency approved by the local health
agency. Lynwood's cross - connection control program shall be for the purpose of
addressing the requirements of Sections 7585 through 7605 of the California Code of
Regulations, Title 17, Division 1, Chapter 5, Group 4. It includes, but is not limited to, the
following:
A. Rules and Regulations. The adoption of operating rules, regulations, ordinances and
resolutions to implement the cross - connection program.
B. Surveys. The conducting of surveys to identify water user premises where cross
connections or potential cross connections are likely to occur.
C. Backflow Protection. The provision of backflow protection by the water user at the
user's connection or within the user's premises or both.
D. Cross - Connection Specialist. The provision of at least one person trained in cross -
connection control to carry out the cross - connection program.
E. Testing. The establishment of a procedure or system for testing backflow
preventers.
F. Records. The maintenance of records of locations, tests, and repairs of backflow
preventers.
14 -1.58 Investigations by Public Works Department.
It shall be the duty of the Public Works Department and its authorized representatives to
cause surveys and investigations to be made of residential, commercial and industrial
and other properties served by the public water supply to determine whether actual or
potential hazards to the public water supply may exist. Such surveys and investigations
shall be made a matter of public record and shall be repeated at least every two (2)
years or as often as the inspector shall deem necessary. Records of such surveys shall
be maintained and available for review for a period of at least five (5) years.
14 -1.59 Right to Enter Premises.
The approved cross - connection control device inspector shall have the right to enter at
any reasonable time any property served by a connection to the public water supply or
distribution system for the purpose of verifying the presence or absence of cross -
connections and that the inspector or his or her authorized agent shall have the right to
enter at any reasonable time any property served by a connection to the public water
supply or distribution system for the purpose of verifying information submitted by the
customer regarding the required cross - connection control inspection. On demand, the
owner, lessee or occupants of any property so served shall furnish-to the inspector any
information which he or she may request regarding the piping system or systems or
water use on such property. The refusal of such information when demanded shall,
within the discretion of the inspector, be evidence of the presence of improper
connections as provided in this Chapter.
14 -1.60 Evaluation of Water User Health Hazards.
The City of Lynwood shall evaluate the degree of potential health hazard to the public
water supply which may be created as a result of conditions existing on a user's
premises. The City of Lynwood, however, shall not be responsible for abatement of
cross- connections which may exist within a water user's premises. As a minimum, the
evaluation should consider (1) the existence of cross - connections, (2) the nature of
materials handled on the property, (3) the probability of backflow occurring, (4) the
degree of piping system complexity and (5) the potential for piping system modification.
Special consideration shall be given to the premises of the following types of users:
A. Hazardous Substances, Hazardous Materials, Biological Wastes, Biological By-
Products, Processing Fluids or Industrial Fluids. Premises where hazardous
substances, hazardous materials, biological wastes, biological by- products, processing
fluids or industrial fluids harmful to health are handled under pressure or in a manner
which could permit their entry into the public water system. This includes chemical or
biological processing waters and water from public water supplies which have
deteriorated in sanitary quality.
B. Auxiliary Water Supply. Premises having an auxiliary water supply, unless the
auxiliary supply is accepted as an additional source by the City of Lynwood and is
approved by the local health agency.
C. Internal Cross Connections. Premises that have internal cross - connections that are
not abated to the satisfaction of the City of Lynwood or health agency.
D. Restricted Entry Areas. Premises where cross - connections are likely to occur and
entry is restricted so that cross - connection inspections cannot be made with sufficient
frequency or on sufficiently short notice to assure that cross - connections do not exist.
E. History of Cross Connections. Premises having a repeated history of cross -
connections being established or re- established.
14 -1.61 User Supervisor.
The health agency and the City of Lynwood, may at their discretion, require an industrial
water user to designate a user supervisor when the water user's premises have a multi -
piping system that conveys various types of fluids, some of which may be hazardous
and where changes in the piping system are frequently made. The user supervisor shall
be responsible for the avoidance of cross - connections during the installation, operation
and maintenance of the water user's pipelines and equipment.
14 -1.62 Approval of Backflow Prevention Devices.
Backflow prevention devices required by this Chapter shall have passed laboratory and
field evaluation tests performed by a recognized testing organization which have
demonstrated their competency to perform such tests to the Department of Health
Services (DHS).
14 -1.63 Type and Construction of Backflow Prevention Devices.
A. Air -Gap Separation (AG) Backflow Prevention Device. An air -gap separation (AG)
backflow prevention device shall be at least double the diameter of the supply pipe,
measured vertically from the flood rim of the receiving vessel to the supply pipe;
however, in no case shall this separation be less than one (1) inch.
B. Reduced Pressure Principle (RP) Backflow Prevention Device. A required reduced
pressure principle (RP) backflow prevention device shall, as a minimum, conform to the
AWWA Standard C506 -78 (R83) adopted on January 28, 1978 for Reduced Pressure
Principle Type Backflow Prevention Devices which is herein incorporated by reference.
C. Double Check Valve Assembly (DC) Backflow Prevention Device. A required double
check valve assembly (DC) backflow prevention device shall, as a minimum conform to
the AWWA Standard C506 -78 (R83) adopted on January 28, 1978 for Double Check
Valve Type Backflow Prevention Devices which is herein incorporated by reference.
14 -1.64 Determination and Inspection of Backflow Prevention Devices.
The Public Works Department or City Engineer or their authorized representatives shall
determine the type, design and layout of backflow prevention devices required at each
premises. All devices shall be installed at the expense of the customer. The backflow
prevention devices shall be inspected, tested and approved by the City Engineer or the
Public Works Department or their authorized representatives as a condition of water
service to the premises. The backflow prevention devices shall be inspected, tested and
approved by the City Engineer or Public Works Department as a condition of service to
the premises. If in the judgment of the Public Works Department or City Engineer, an
approved backflow prevention device is required at the water service connection for the
protection of the water system, the Public Works Department or City Engineer or their
authorized representative shall give notice in writing to the consumer, and the notice
shall direct the consumer to install an approved backflow assembly at specific locations
on his or her premises. Failure, refusal or inability on the part of the customer to install
the backflow prevention assembly, shall constitute grounds for discontinuing water
service to the premises until such requirements have been met.
14 -1.65 Location of Backflow Prevention Devices.
A. Air Gap Separation Backflow (AG) Prevention Device. An air gap separation (AG)
backflow prevention device shall be located as close as practical to the user's
connection and all piping between the user's connection and the receiving tank shall be
entirely visible unless otherwise approved in writing by the City of Lynwood and the
health agency.
B. Reduced Pressure Principle (RP) Backflow Prevention Device. A reduced pressure
principle (RP) backflow prevention device shall be located as close as practical to the
user's connection and shall be installed a minimum of twelve inches (12 ") above grade
and not more than thirty -six inches (36 ") above grade as measured from the bottom of
the device and with a minimum of twelve inches (12 ") side clearance.
C. Double Check Valve Assembly (DC) Backflow Prevention Device. A double check
valve assembly backflow prevention device shall be located as close as practical to the
user's connection and shall be installed above grade, if possible, and in a manner where
it is readily accessible for testing and maintenance.
14 -1.66 Minimum Backflow Prevention Protection Required.
The type of protection that shall be provided to prevent backflow into the public water
supply shall be determined by the City of Lynwood and be commensurate with the
degree of hazard that exists on the consumer's premises. The type of protective device
that may be required (listed in an increasing level of protection) includes: Double Check
Valve Assembly (DC) Backflow Prevention Device, Reduced Pressure Principle
Backflow Prevention Device (RP) and an Air Gap Separation (AG) Backflow Prevention
Device. The water user may choose a higher level of protection than required by the
City of Lynwood. The minimum types of backflow protection required to protect the
public water supply, at the water user's connection with various degrees of hazard, are
given below. Situations not covered below shall be evaluated on a case -by -case basis
and the appropriate backflow protection shall be determined by the City of Lynwood.
A. Sewage, Hazardous Substances, Hazardous Materials, Biological Wastes, Biological
By- Products, Processing Fluids, or Industrial Fluids.
1. Minimum Protection: Air -Gap Separation (AG) Backflow Prevention Device.
Premises where hazardous substances, biological wastes or biological by- products,
processing fluids or industrial fluids or any other objectionable or toxic substances
are handled in a fashion as to create an actual or potential hazard to the public
water system. This does not include a single - family residence that has a sewage lift
pump.
2. Minimum Protection: Reduced Pressure Principle (RP) Backflow Prevention
Device. Premises where there are irrigation systems into which fertilizers,
herbicides, or pesticides are, or can be, injected.
B. Auxiliary Water Supplies.
1. Minimum Protection: Air -Gap Separation (AG) Backflow Prevention Device.
Premises where there is an unapproved auxiliary water supply which is
interconnected with the public water system. An RP or DC may be, provided in
lieu of an AG if approved by the City of Lynwood.
2. Minimum Protection: Reduced Pressure Principal (RP) Backflow Prevention
Device. Premises where there is an unapproved auxiliary water supply and there
are no interconnections with the public water system. A DC may be provided in
lieu of an RP if approved by the City of Lynwood.
C. Recycled Water.
1. Minimum Protection: Air -Gap Separation (AG) Backflow Prevention Device.
Premises where the public water system is used to supplement the recycled
water supply.
2. Minimum Protection: Reduced Pressure Principal (RP) Backflow Prevention
Device. Premises where recycled water is used other than as allowed in
paragraph Section 14- 1.66(C)(3), and there is no interconnection with the potable
water system.
3. Minimum Protection: Double Check Valve Assembly (DC) Backflow Prevention
Device. Residences using recycled water for landscape irrigation as part of an
approved dual plumbed -use area.
D. Fire Protection Systems.
1. Minimum Protection: Double Check Valve Assembly (DC) Backflow Prevention
Device. Premises where the fire system is directly supplied from the public water
system and there is an unapproved auxiliary water supply on or to the premises
(not interconnected).
2. Minimum Protection: Air -Gap Separation (AG) Backflow Prevention Device.
Premises where the fire system is supplied from the public water system and
interconnected with an unapproved auxiliary water supply. A RP may be provided
in lieu of an AG if approved by the City of Lynwood.
3. Minimum Protection: Double Check Valve Assembly (DC) Backflow Prevention
Device. Premises where the fire system is supplied from the public water system
and where either elevated storage tanks or fire pumps 'which take suction from
private reservoirs or tanks are used.
4. Minimum Protection: Double Check Valve Assembly (DC) Backflow Prevention
Device. Premises where the fire system is supplied from the public water supply
and where recycled water is used in a separate piping system within the same
building.
E. Restricted Entry Areas. Minimum Protection: Reduced Pressure Principal (RP)
Backflow Prevention Device., Premises where entry is restricted so that inspections for
cross- connections cannot be made with sufficient frequency or at sufficiently short
notice to assure that water cross connections do not exist.
F. History of Water Cross Connections. Minimum Protection: Reduced Pressure
Principal (RP) Backflow Prevention Device. Premises where there is a repeated history
of cross connections being established or re- established.
G. Substances Objectionable, but Not Hazardous to Health. Minimum Protection:
Double Check Valve Assembly (DC) Backflow Prevention Device. Premises where
there is water or a substance that would be objectionable, but not hazardous to health, if
introduced into the water system.
14 -1.67 Contamination Costs and the Consumer.
The water customer or consumer shall be responsible for backsiphoned material or
contamination through backflow, if contamination of the potable water supply system
occurs through an illegal cross - connection or an improperly installed, maintained or
repaired device, or a device which has been bypassed, shall bear the cost of clean -up of
the potable water supply system.
14 -1.68 Lawn Sprinkler Backflow Prevention Specifications.
A. Backflow Prevention Device Required. A lawn sprinkler system connected to a
residential, commercial or industrial premise shall be equipped with an approved
backflow prevention device placed between the sprinkler stop and waste valve and the
first sprinkler outlet. The approved backflow prevention device shall be placed at a
height as provided in the applicable City plumbing code. The stop and waste valve and
approved backflow prevention device shall be in the sprinkler line after it branches from
the water service pipe or building plumbing.
B. Installation. The stop and waste valve for a lawn sprinkler shall be at the same depth
as the water service pipe. However, the lawn sprinkler system may be laid to a lesser
depth at the option of the owner. Such additional stop and waste valves, as are required
to properly drain the sprinkler piping shall also be installed. All backflow prevention
devices shall be inspected by an authorized City employee prior to utilization of the
system. Water service may be refused on existing lawn sprinkler systems which are not
equipped with a stop and waste valve and an approved backflow prevention device.
14 -1.69 Testing and Maintenance of Backflow Prevention Devices.
A. Responsibility. It shall be the duty of the water user at any premises on which
backflow prevention devices are installed to have these devices maintained, inspected,
tested and repaired in accordance with the directives of the Public Works Department or
City Engineer.
B. Maintenance. The City of Lynwood shall assure that adequate maintenance and
periodic testing are provided by the water user to ensure their proper operation.
C. Tester Competency. Backflow prevention devices shall be tested by persons who
have demonstrated their competency in testing of these devices to the City of Lynwood
or health agency.
D. Inspection and Testing. Backflow preventers shall be inspected and tested at
least annually or more frequently if determined to be necessary by the health agency or
the City of Lynwood. When devices are found to be defective, they shall be repaired or
replaced in accordance with the provisions of this chapter. Any defects found in any
backflow device shall be corrected by the customer within three (3) days. Failure to
correct such defects is cause for discontinuance of water service.
E. Testing Timing. Backflow prevention devices shall be tested immediately after they
are installed, relocated, or repaired and not placed in service unless they are functioning
as required.
F. Testing Notification. The City of Lynwood shall notify the water user when testing of
backflow preventers is needed. The notice shall contain the date when the test must be
completed.
G. Testing Reports. Reports of testing and maintenance shall be maintained by the City
of Lynwood for a minimum of three (3) years.
14 -1.70 Violations and Penalties for Water Cross Connections, Potential Cross
Connections and Backflow Prevention Regulations.
A. Deny or Discontinue Service. The City shall deny or discontinue, after reasonable
notice to the occupants thereof, the water service to any premises wherein any backflow
prevention device required by the City is not installed, tested, maintained and repaired in
a manner acceptable to the City, or if it is found that the backflow prevention device has
been removed or bypassed, or if an unprotected cross - connection exists on the
premises, or if a low pressure cut -off required by these regulations is not installed and
maintained in working order.
B. Compliance Required. Water service to such premises shall not be restored until the
consumer has corrected or eliminated such conditions or defects in conformance with
these regulations and to the satisfaction of the City, and the required reconnection fee is
paid.
C. No Liability. Neither the City nor its agents or assigns, shall be liable to any
customers of the City for any injury, damages or lost revenues which may result from
termination of said customer's water supply in accordance with the terms of this
ordinance, whether or not said termination of the water supply was with or without
notice.
D. Cleanup Costs. The water customer or consumer responsible for back - siphoned
material or contamination through backflow, if contamination of the potable water supply
system occurs through an illegal cross - connection or an improperly installed, maintained
or repaired device, or a device which has been bypassed, must bear the cost of clean-
up of the potable water supply system.
E. Notice. Any person found to be violating any provision of this chapter shall be served
with written notice stating the notice of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within the period of time stated
in such notice, permanently cease all violation.
F. Fines and Penalties. Any person violating any of the provisions of this chapter in
addition to the fine provided, shall become liable to the City for any expense, loss or
damage occasioned by the City by reason of such violation, whether the same was
caused before or after notice.
14 -1.71 Enforcement.
It shall be the duty of the Police, Fire and all other departments and employees to give
vigilant aid to the Public Works Department in the enforcement of the provisions of this
Chapter.
14 -1.72 Severability.
If any section, subsection, sentence or clause or phrase of this chapter is, for any reason
held to be unconstitutional, void or unlawful, such decision shall not affect the validity of
the remaining portions of this Chapter.
Section 3. Except as expressly modified pursuant to this Ordinance, all
provisions of the Lynwood Municipal Code shall remain unmodified and in full force and
effect.
Section 4. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of the proceedings of the City Council at which the same is passed and adopted. This
ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it
to be published in a newspaper of general circulation.
First read at a regular meeting of the City Council held on the 4h day of February, 2014
and adopted and ordered published at a regular meeting of said Council on the 18th day
of February, 2014.
PASSED, APPROVED and ADOPTED this 18th day of February, 2014.
ATTEST:
APPROVED AS FOR FORM:
� ��/ +
David A. Garcia, City Attorney
lihide WCastro, :Mlayor
APPROVED AS TO CONTENT:
Sarah M. Withbrs, City Manager
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above
and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at
its regular meeting held on the 18th day of February, 2014.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE
HERNANDEZ AND CASTRO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, 6fy, Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and foregoing is a full, true and correct copy
of Ordinance No. 1670 in my office and that said Ordinance was adopted on the date
and by the vote therein stated. Dated this 18th day of February, 2014.