Chapter 8
WATER UTILITY REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399
9-8-1: APPLICATIONS FOR WATER SERVICE:
9-8-2: HOUSE SERVICE CONNECTIONS:
9-8-3: INSTALLATION OF CONTROL VALVE:
9-8-4: EXTENSION OF MAINS; EASEMENTS, DEDICATION:
9-8-5: APPROVAL OF PLANS:
9-8-6: CONFORMANCE TO CITY STANDARDS:
9-8-7: OVER-SIZE EXTENSIONS:
9-8-8: MAIN EXTENSION COSTS:
9-8-9: DEFECTIVE MATERIAL OR WORKMANSHIP:
9-8-10: SERVICE EFFECTIVE DATE:
9-8-11: SERVICE FOR CONSTRUCTION NEEDS:
9-8-12: INTERPRETATION AND APPLICABILITY:
9-8-13: EFFECT OF PRIOR SALES OR PURCHASE AGREEMENTS:
9-8-14: FEES AND RATES:
9-8-15: HYDRANT PERMIT REQUIRED; CONSTRUCTION:
9-8-16: UNAUTHORIZED CONNECTION OR DISCONNECTION:
9-8-17: WASTE OF WATER PROHIBITED:
9-8-18: TURF LIMITATIONS:

9-8-1: APPLICATIONS FOR WATER SERVICE: linklink


A. Required: No person shall use water from the city water distribution system without first having made application for water service on forms provided by the city, and furnished the required deposits as guaranty for payment of such services. The applicant shall furnish such information as required by the city and agree to pay for the water service and/or fees in accordance with the rates established by the city council.


B. Delinquent Accounts: No application for water service shall be accepted from any applicant whose account is delinquent, at the same or any other location, until the delinquent account is paid in full, together with any applicable penalties, turn-on charge and required deposits.


C. Service: All service from the city water distribution system shall be turned on or off for service into any premises under the supervision of authorized city employees and shall be made at the expense of the applicant.


D. Special Requests: Special requests for water service, in lieu of actual turn off and turn on, and requests for special meter check or verification shall, be made at the expense of the applicant. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138116
9-8-2: HOUSE SERVICE CONNECTIONS: linklink


A. Connection Fee: The connection fee must be paid prior to obtaining a building and/or plumbing permit.


B. Availability; Distance Requirement: A public water supply main shall be deemed available to any premises if it shall be in a street, alley or easement within four hundred feet (400') of said premises.


C. No Existing Connection: Where no service connection exists to serve the property, or where an existing service connection is unsuitable, the city shall require the owner to apply for a service connection from the main to a point just back of the curb line, or probable curb line, of the street or to a point as close as practicable to the property line of the alley or easement in which the main is located. In certain cases where the sidewalk is immediately adjacent to the curb, without a parkway strip, the city may elect to have the service extend to the property side of the sidewalk.


D. Connection Size Determined By City: The city reserves the right to determine the size of the service connection to be installed, giving due consideration to the needs of the customer and the capacity of the main to which the service is connected. No service connection will be approved of a size larger than can be supplied by the main in question if such connection adversely affects service to other users.


E. One Building Per Connection; Exception: Not more than one building, nor more than one lot, tract or parcel of land shall be served by any service connection hereafter installed unless the circumstances are such that future separate ownership of the individual buildings or parcels of land is unlikely and a single customer shall be responsible for payment of city charges for such service.


F. Multiple Buildings With Single Connection: When more than one building, lot or tract of land is presently served by a single service connection and a single owner is responsible for payment of City charges, the single owner must continue to be responsible for payment.


G. Existing Connection; Additional Building: No additional building or tract of land shall be served from any existing service connection except where the original premises plus the addition would qualify for a single new service as set forth above.


H. House Piping: All necessary piping beyond the meter or property line, hereinafter referred to as "house piping," shall be installed, maintained and replaced by the owner.


I. Right Angle To Main: No service connection will be installed except at right angles to an existing main nor shall the point of connection to the main be within a street intersection.


J. Meter Installation: Upon application and payment of applicable fees, the City will make the tap for the standard service connection and install the meter box and meter for an individual lot; for connections in subdivisions or tracts, the City will only install the meter. When the meter is installed, the service connection will terminate in a meter box with a meter flange or union on the customer's side of the meter.


K. More Than One Service Connection: If more than one service to a single premises is desired by the owner, the City will issue a permit to install such additional service at the established charge for new services, providing that the various service connections are not interconnected. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138117
9-8-3: INSTALLATION OF CONTROL VALVE: linklink

Before water is furnished through any new service connection, the owner shall install a control valve in the house piping between the end of the service connection and the first outlet from said house piping, including branches for sprinkler system and/or hose bibs. Whenever it becomes necessary to shut off an existing service connection for repair of piping of the premises, a control valve as required above shall be installed before the service is turned on again. (Ord. 280, 9-12-1967, eff. 10-16-1967)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138118
9-8-4: EXTENSION OF MAINS; EASEMENTS, DEDICATION: linklink


A. Policy: Applicants desiring water service to property not contiguous to the portion of a street, alley or easement in which the City has a main must arrange for a main extension as herein provided or extend the house piping to a point from which it can be served as provided above. No such extension of house piping will be permitted along a designated street or alley or to its probable extension.


B. Sterilization; Connection Authority: Mains shall be sterilized to the satisfaction of the authorities having jurisdiction. Main extensions shall be connected only in the presence of an authorized City representative and at times specified by the City.


C. Location: No main shall be laid except in a designated street or alley. Locations of mains in easements will be approved only where no street or alley is available.

1. The easement shall be not less than twelve feet (12') in width and shall be obtained by and at the expense of the applicant.

2. The easement shall be perpetual, except as hereinafter provided; no buildings, structures or other improvements which would interfere with its use by the City shall be placed upon it;the City shall have the right to operate, maintain, repair, replace and/or change the size and/or number of pipe lines and appurtenances located therein; and, proper access by the City forces to all parts of the easement shall be provided.

3. Provision may be made for installation of other utility lines in said easement so long as they do not interfere with its use by the City.

4. The easement will be automatically terminated when and if it is included within the boundaries of a regularly designated and accepted street or alley.


D. Bill Of Sale: Upon completion of a main extension, the owner shall furnish the City a valid bill of sale conveying to the City title to such main and appurtenances, including service connections, together with grants of easements for any mains installed outside of designated streets or alleys. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138119
9-8-5: APPROVAL OF PLANS: linklink


A. Submission: If a main extension is to be made, the applicant shall submit four (4) prints of the plans, one of which will be returned approved subject to such corrections as may be noted thereon.

1. Subdivision plans shall include a service connection, meter box and meter for each lot. All other plans shall include such service connections as will be needed by the applicant proposing the extension.


B. Validity Of Approval: City approval of any main extension plans shall be valid for a limited time only as related to any commitment of existing capacity in a particular main.


C. Abandonment Of Project; New Application: In the event the installation of the mains covered by any approved plans is not under construction within one year from the date of approval of if active construction work is discontinued for a period of one year, the project shall be assumed to have been abandoned and a new application shall be required. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138120
9-8-6: CONFORMANCE TO CITY STANDARDS: linklink

All main extensions, house connections and appurtenant work by the applicant shall conform to the standard specifications of the City and the work shall be performed to the satisfaction of the City. Shutting down of mains for the purpose of making connections will not be permitted when wet taps are feasible. (Ord. 280, 9-12-1967, eff. 10-16-1967)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138121
9-8-7: OVER-SIZE EXTENSIONS: linklink

When, in the opinion of the City, orderly development of the water distribution system requires that the off-site main extension to reach a particular subdivision, tract or other development, hereinafter referred to as the "tract", be of a larger size than would be necessary for said tract, such large size being not less than six inches (6"), the City may require or permit installation of such larger size under an agreement providing for certain refunds to the applicant installing the main extension, as herein set forth. (Ord. 280, 9-12-1967, eff. 10-16-1967)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138122
9-8-8: MAIN EXTENSION COSTS: linklink


A. Borne By Applicant: The cost of all main extensions shall be borne and/or advanced by the applicant requesting the extension. Subdivisions and tract extensions shall be made by the subdivider or developer, and other extensions may be made either by the applicant or the City, as the City may elect.


B. City Extension; Deposit: If the extension is to be made by the City, the applicant shall enter into agreement with the City and deposit the amount of the estimated construction cost, plus ten percent (10%) for engineering and other expenses. The City will then proceed with the preparation of plans and construction as expeditiously as possible. Upon completion of the work, the actual construction cost plus ten percent (10%) shall be determined. If such amount exceeds the deposit, the applicant shall immediately pay the difference; if it is less than the deposit a refund of the difference will be made by the City.


C. Proportionate Share: The City may enter into an agreement to assume a proportionate share of the cost of capacity excess to the needs of an applicant on the basis that such proportionate share be in the same ratio to the total cost as the acreage to be supplied for future applicants is to the total usable acreage which, in the opinion of the City, can be supplied through said main. This shall apply where the supply is delivered through extensions and extensions of extensions from said main, so long as, in the opinion of the City, the principal supply is through said main and shall apply also to any part of a subdivision or other property developed for sale in smaller parcels served directly from said main, notwithstanding that service to such smaller parcels will be through service connections of two inch (2") size or smaller. The total cost shall be the amount of the lowest acceptable bid, plus ten percent (10%) for engineering and other expenses. Refunds will be made within sixty (60) days following final acceptance of the work.


D. Refunds: The City may enter into an agreement providing for refund of twenty percent (20%) of the gross revenue derived from services directly connected to the extension for a period of ten (10) years, or until the amount advanced by the applicant hasbeen refunded, whichever is earlier.


E. Collection, Repayment Contracts: Collection or repayment contracts shall be made by the applicant with the City in advance of connections to or extensions from said main and before any service connections to it are installed. No interest on the amount advanced will be paid by the City. In the event a change of ownership should transpire, liability for or refund credit on such contracts remains with the property. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138123
9-8-9: DEFECTIVE MATERIAL OR WORKMANSHIP: linklink

Should any defective material or workmanship affecting facilities installed by an applicant be discovered within one year following the date of completion and acceptance of the facilities by the City, the applicant shall immediately cause the defect to be corrected or shall reimburse the City for the cost of correction. (Ord. 280, 9-12-1967, eff. 10-16-1967)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138124
9-8-10: SERVICE EFFECTIVE DATE: linklink


A. Installation Date: All service connections shall be considered as in use and appropriate charges shall be made commencing with the date of installation unless the customer has requested in writing that the connection be shut off until needed, in which latter case, charges shall commence on the date the service is first turned on by the City.


B. Unauthorized Service: If a service left turned off by the City is later turned on by any person other than an authorized City employee, charges shall accrue from the date of installation.


C. Inaccessible Meter: If a meter is covered or otherwise inaccessible at the regular reading time, or if it is found to be stuck or damaged so that a reading cannot be obtained, the City reserves the right to estimate the water consumption for the billing period and to compute the charges on the basis of the estimated consumption. Should a succeeding reading indicate an error in the estimate, an appropriate adjustment will be made. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138125
9-8-11: SERVICE FOR CONSTRUCTION NEEDS: linklink


A. Application; Deposit: Prior to approval of the water distribution plan for a subdivision or the building plans for one or more units in a tract or previously developed subdivision, the applicant shall apply for water service as follows and pay the required deposit:

1. Water service for a subdivision or large tract and parcel improvements, including grading and excavation of streets andlots, and related improvements, may be provided from a fire hydrant, and the regulations of Section 9-8-15 of this Chapter as it now exists or may hereafter by amended shall be followed.

2. For construction of improvements on a lot where a standard service connection is possible, one service may be obtained for two (2) contiguous lots, providing the applicant has paid the required fee on fifty percent (50%) of the lots in the subdivision.


B. Application For Service: Upon final inspection and acceptance of the on-site improvements, the applicant or occupant shall apply for regular water service within a ten (10) day period. In absence of this application, the water service will be discontinued.


C. Construction Permit: A water construction permit shall be valid for a maximum period of six (6) months. Water needed for construction extending beyond this period shall be furnished only after application for regular service or upon approval of extension of time on the original permit. In the absence of this application or extension of time, the water service will be discontinued. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138126
9-8-12: INTERPRETATION AND APPLICABILITY: linklink


A. Interpretation: In interpreting and applying the foregoing provisions of this Chapter, the minimum requirements shall prevail. Where this Chapter imposes a greater restriction than is imposed or required by other rules or regulations or by other ordinances, the provisions of this Chapter shall control.


B. Applicability: The foregoing provisions of this Chapter are applicable not only to private persons and organizations, but also to all public agencies and organizations to the full extent that they may be, now or hereafter, enforceable in connection with the activities of any such public agency or organization, except that in the case of public agencies and organizations the provisions of this Chapter may be waived by approval of the City Council.


C. Variance: If a practical difficulty, unnecessary physical hardship or unforeseen condition results from a strict or literal interpretation and enforcement of the foregoing regulations prescribed by this Chapter, and except as stipulated for rates, fees and deposits, variation may be allowed by the City Manager as may be in harmony with its general purpose and intent, so that the spirit of this Chapter shall be observed; public safety and welfare secured; and substantial justice done. (Ord. 280, 9-12-1967, eff. 10-16-1967)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138127
9-8-13: EFFECT OF PRIOR SALES OR PURCHASE AGREEMENTS: linklink

In determining connection or hook-up charges under this chapter, due credit shall be given for all costs which may have been incurred or are required under any sales or purchase agreement heretofore entered into with the city for the purchase of any tract of property, or where water service lines have been previously installed to the property line for a developed lot. (Ord. 280, 9-12-1967, eff. 10-16-1967)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138128
9-8-14: FEES AND RATES: linklink


A. Miscellaneous Water Service Fees: Fees for all water connections, hook-ups, turn-ons and special meter checks shall be set by resolution of the city council. Such fees shall be due at the time service is provided except that where emergency service is provided, the fees shall be due and payable the first regular business day thereafter. (Ord. 611, 10-11-1977, eff. 11-2-1977)


B. Water Utility Rates: The water utility rates for the city shall be set by resolution of the city council following a public hearing.

Following the effective date hereof, the provisions of this chapter shall become effective on May 1, 1978, and the utility services which were accrued or used prior to this date but which are billed subsequent to this date shall be billed at the new rates as set by resolution of the city council. (Ord. 624, 3-14-1978, eff. 4-5-1978)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138129

The section below has been affected by a recently passed ordinance, 1830 - PUBLIC WAYS AND PROPERTY . Go to new ordinance.

9-8-15: HYDRANT PERMIT REQUIRED; CONSTRUCTION: linklink


A. Opening By Authorized Persons: No person excepting the superintendent of public works or any employee in his department directed by him so to do, or the fire chief and members of his department for fire purposes, shall open or attempt to open any fire hydrant or shall obtain water or attempt to obtain water therefrom, without first having obtained a permit in writing in accordance with the regulations established by the city manager pertaining thereto.


B. Permit; Deposit: No person shall be granted a hydrant permit without first having complied with all applicable rules and regulations. Upon obtaining the permit, such person shall deposit the sum of ten dollars ($10.00) with the finance department, and secure from the superintendent of public works the appropriate regulation key or hydrant wrench. Upon the return of the key or wrench to the superintendent, applicant shall be refunded said deposit; otherwise, the deposit shall be forfeited to the city.


C. Unauthorized Opening: No person shall open or attempt to open a fire hydrant with any tool or instrument other than the regulations key or wrench furnished by the city. (Ord. 222, 8-10-1965, eff. 9-13-1965)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138130
9-8-16: UNAUTHORIZED CONNECTION OR DISCONNECTION: linklink

It shall be unlawful for any person not authorized by the city to tamper with, alter, injure, connect or disconnect any part of the city water distribution system, including water shut-off or service boxes. If any person shall violate this section, such person shall be guilty of a misdemeanor and subject to penalty. (Ord. 280, 9-12-1967, eff. 10-16-1967)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138131
9-8-17: WASTE OF WATER PROHIBITED: linklink


A. Unlawful; Notice Of Violation: It shall be unlawful for any customer of the Boulder City water system to waste water within the city limits or those areas outside the corporate boundaries of Boulder City served by the Boulder City system, after being served a notice of violation for wasting water from the same location or premises. Draining a spa or swimming pool is not considered wasting of water.

It is unlawful for any owner, occupant or manager of real property in the areas served by the Boulder City water system to allow the waste of water from such property after there has been a service of a notice of violation for wasting water from the same premises.


B. Definitions:

CUSTOMER: Any person who is an owner, occupant, manager or user of real property to which water is supplied by Boulder City's water system, any person who uses water supplied by Boulder City's water system, or any person who otherwise has the right or permission to utilize water provided by Boulder City's water system, but does not include any firefighting department or agency.

NOTICE OF VIOLATION: A written warning which describes how water is being wasted and warns the customer that it is unlawful to waste water after service of the notice.

SERVICE OF A NOTICE OF VIOLATION: 1. Personal service upon a customer;

2. Service upon a person of suitable age and discretion residing at the customer's residence or working for the customer at the place where the waste of water initiates;

3. Posting such notice upon the premises where thewaste of water initiates; or

4. Mailing a copy of such notice to the customer at the address as shown on the records of the Boulder City water system.

TO WASTE WATER: The expenditure or application of water from Boulder City's water system that results in water:

1. Flowing into any gutter, street, sidewalk, swale, or storm drain, in a steady stream of flow for a period of twenty (20) or more continuous minutes; or

2. Collecting in pools or any depressed area in a public street, sidewalk, or right of way, to a depth of three inches (3") or more.


C. Second Notice Of Violation; Billing: If a customer continues to waste water, a customer will be served a second notice of violation. If two (2) notices of violation are served within any thirty (30) day period, the customer will be billed for the wasted water at a rate as established by the city council until such time that the waste of water violation is corrected. (Ord. 1145, 2-27-2001, eff. 3-21-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138132
9-8-18: TURF LIMITATIONS: linklink

The use of turf/grass (that which is maintained by mowing) shall be limited as follows:


A. Commercial/Industrial Districts: Limited to a maximum of twenty five percent (25%) of the total landscapable area.


B. Public Facilities Districts: Limited to a maximum of twenty five percent (25%) of the total landscapable area, except for schools, parks and cemeteries. Recreation area shall meet the twenty five percent (25%) criteria outside of the turf area required by the designated activity.


C. Golf Course Use: Limited to approximately five (5) acres per hole, with a maximum twenty (20) additional acres for driving range. The total turf area, including golf course and driving range, shall not exceed one hundred twenty (120) acres for an eighteen (18) hole golf course development.


D. Residential Districts: The area of turf/grass within the yard of single-family/two-family residential lots shall not exceed fifty percent (50%) of the total landscapable area of the front and rear yard.


E. Residential Districts (Multi-Family) Including Mobile Home/Manufactured Housing: Limited to a maximum of thirty percent (30%) of the total landscapable area.


F. Certificate Of Compliance: A certificate of compliance stating the owner/occupant shall install turf/grass per this section, shall be signed by the property owner/occupant or contractor and submitted to the Boulder City community development office prior to occupancy of any structure (all other provisions of title 11, of this code, pertaining to landscape remain in effect). (Ord. 1145, 2-27-2001, eff. 3-21-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16399#s138133