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Rules and Regulations

Excerpts from East Valley Water District
Ordinance #358
Rules and Regulations for Water Service.

6.01 Application for Water Service – The property owner, or his agent designated in writing, shall make application for regular water service by personally signing an Application for Water Service Form provided by the District and pay the necessary fee for connection to the District’s facilities as prescribed in the latest Resolution on Fees adopted by the Board of Directors.

6.02 Water Service to Customers Other Than Property Owners – Water Service to other than property owners shall be made as follows:

6.02.01 Property Owner’s Signature – If the property owner rents the premises to a tenant, the tenant may have water service and other services instituted in the tenant’s name, provided that reasonable efforts are made to secure the property’s owner’s signature on the application for service and the tenant provides the District with a copy of the rental agreement. In any event, the tenant must provide the District with the property owner’s name, mailing address and telephone number.

6.02.02 Owner Responsibility – Whether or not a property owner signs the District’s Application For Service Form, the property owner is not relieved of his or her responsibility for unpaid water charges for the subject property, as provided in this ordinance and pursuant to California Water Code Section 31701.5, et.seq.

6.03 Payment of Delinquent Charges – As a precondition to receiving water service from the District, the Applicant For Service shall pay any and all unpaid charges that have accrued on any closed accounts previously held by the applicant with the District, as well as pay any and all delinquent charges that have accrued on any open accounts currently held by the applicant with the District.

6.04 Security Deposit – A security deposit for each single family residential unit, commercial or retail unit, or multi-unit complex shall be deposited at the time application for water service is made. The District may, at its sole election, include the required security deposit on the customer’s first billing invoice.

6.04.01 Single Family Residential – A security deposit for a single-family residential unit may not be required if the person requesting service is a new residential applicant who is determined by the District to be creditworthy. The determination of an applicant’s creditworthiness shall be based solely upon criteria developed by the District and may be appealed in the manner set forth in Section 11 herein. However, during the life of the account, the District may, in its sole discretion, require any customer, regardless of whether he or she was previously found to be creditworthy, to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six-months period or as a precondition to reinstatement of service any time after being locked off for nonpayment.

6.04.02 Security Deposit Refund – Refunds of security deposits will be preformed in the manner set forth below. Such refunds will be credited to any account held by the customer with the District in lieu of a refund check. Interest on the security deposits shall remain the sole property of the District and will not be included in any refund.

6.04.02.01 Single Family Residential – The District shall refund each security deposit to a residential customer as follows:

1. However, the District may, at its sole option, require any customer to post a full security deposit with the District any time there are three (3) delinquencies within any consecutive six (6) month period, or as a precondition to reinstatement of service anytime after being locked off for non payment.

a. Where funds have been on deposit for one year in a customer’s account and there have been no delinquency payments on any of the customer’s accounts with the District during that year.

b. Within thirty (30) days after the applicant provides written notice to terminate water services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with the District before the remaining sum, if any, is refunded to the customer.

6.04.02.02 Commercial, Retail or Industrial – The District shall refund the security deposit for commercial, retail or industrial connections as follows:

a. Where funds have been on deposit for one year in a customer’s account and there has been no delinquent payment on any of the customer’s accounts with the District during that year. Upon the customer’s request, one-half of the deposit will be refunded to the customer by means of a credit on the account. However, if the customer is delinquent on any payment thereafter. The District may, at its sole option, charge back the credited amount.

b. Within thirty (30) days after the applicant provides written notice to terminate water services, or when a new property owner tenders a full deposit for the same property, in which case the refunded deposit shall first be applied toward the unpaid balances in any account held by the customer with District before the remaining sum is refunded to the customer.

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Section 10 - Customer Billing Procedures

10.01 Establish Rates and Charges - The Board of Directors shall from time-to-time by resolution, establish rates and charges for water and other service provided by the East Valley Water District.

10.02 Charges – Water charges shall begin when a water service connection is installed and the meter is set, or an existing service is requested to be turned on, unless the water is otherwise ordered to be left shut off when the service connection is ordered or installed. Thereafter, the District may transfer to the account which is established for such service any delinquent and/or unpaid charges from other closed or open accounts which are held by the customer and/or property owner with the District.

10.03 Liability for Water Used – The property owner shall be held liable for water used until the District is notified in writing to discontinue service or to transfer the account to another property owner.

10.04 Liens for Unpaid Bills - A lien will be made for all unpaid bills against the property pursuant to these rules and regulations and the California Water Code Section 31701.5, et seq.

10.05 Owner Liability – The property owner remains responsible for all charges owed to the District, whether or not the property owner actually lives on the premises or signs the application for water service form.

10.06 Billing Period - The regular billing period will be monthly.

10.07 Billing of Separate Meters Not Combined – Separate bills will be rendered for each meter installation. The District may, for its own convenience, consider each register of compound meters as a separate service and bill each as provided for herein. For its own convince the District may combine multiple services on one bill.

10.08 Opening and Closing Bills - Opening and closing bills for less than the normal billing period shall consist of charges for actual water consumption and a peroration of the availability charge.

10.09 Payment of Bills - Bills for metered water service shall be rendered at the end of each billing period and are due and payable upon presentation. If full payment is not received at the business office of the District on or before the due date, the bill shall become past due and delinquent.

10.10 Delinquency Notice - A delinquency notice shall be mailed to customers whose accounts are delinquent, warning that service is subject to disconnection unless payment is received within fifteen (15) calendar days from the date of mailing of the delinquent notice. The delinquency notice shall indicate the amount which must be paid. Notice of any delinquency in a tenant’s account shall also be sent to the owner of the property.

10.11 Removal of Delinquency - At the end of each year the District shall remove one delinquency from the record of each account that has one or more delinquencies.

10.12 Suit - All unpaid rates, charges and penalties herein provided may be collected by suit.

10.13 Costs – Defendant shall pay all costs of suit in any judgment rendered in favor of District including reasonable attorney’s fees.

10.14 Upon Vacating Premises – Customers desiring to discontinue service should notify the District in writing three (3) business days prior to vacating the premises. Unless discontinuance of service is ordered, the customer shall be liable for on-going charges whether or not any water is used up until time of requested discontinuance of service.

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Section 11 Complaints and Disputed Bills

11.01 Right to Meet – Should a customer have a complaint with regard to water service, District rules, regulations, resolutions and ordinances, or a dispute regarding the accuracy of a bill for water service or other charges, for any reason whatsoever, the customer has the right to meet with the Financial Officer or General Manager to discuss the dispute and present any evidence the customer has to support their position.

11.02 Arrangement of Meeting – To arrange such a meeting the customer shall contact the District office, either in writing or by telephone, during normal business hours.

11.03 Presentation of Evidence – The customer may be accompanied by a friend, attorney, or other representative to meet with the financial Officer or General Manager, and may present any evidence they may have to support their position.

11.04 Unresolved Disputes – If the customer is unable to resolve his dispute with the Financial Officer or General Manager, he may submit the complaint in writing, along with a full and detailed explanation to the Board of Directors for resolution.

11.05 Appearance Before the Board of Directors – The customer may appear before the Board of Directors at the next regularly scheduled Board meeting by notifying the District Secretary prior to the Board meeting either by telephone, or in writing, of the date he wishes to attend and what the dispute regards. The customer may then present the complaint and any evidence in support of his position and ask for a decision by the Board.

11.06 Delays on Action – The Board shall act promptly to resolve the dispute, but may delay a resolution of the dispute to the time of its next regular meeting in order to investigate the dispute or receive special reports related to the dispute.

11.07 Further Delays – Any further delays must be freely and willingly agreed to by the customer.

11.08 Decision of the Board – The decisions of the Board of Directors shall be final. Should the Board not render a decision within sixty (60) days of application to the Board, this failure to act shall be deemed a denial of the requested action unless both parties have agreed to extend the resolution period.

11.09 Discontinuance of Service – No water or other service shall be discontinued pending the final resolution of a dispute.

11.10 Adjustment for Fast Meter Errors – If a meter tested at the request of a customer is found to be more than five percent (5%) fast, the excess charges for the time service was rendered the customer requesting the test, or for a period of six months, whichever shall be the lesser, shall be refunded to the customer.

11.11 Adjustment for Slow Meter Errors – If a meter tested at the request of a customer is found to be more than ten percent (10%) slow and shows evidence of tampering the District may bill the customer for the amount of the undercharge based upon corrected meter readings for the period not exceeding six months, that the meter was in use.

11.12 Non-Registering Meters – If a meter is found to be not registering the charges for service shall be based on the estimated consumption, such estimates shall be made from previous consumption for a comparable period, or by such other method as is determined by the District, and its decision shall be final.

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Section 12 - Disconnection for Non Payment

12.01 Disconnection for Non-Payment – Water service shall be discontinued if payment for water service is not made within fifteen (15) calendar days of the date of mailing the delinquent notice. At least forty-eight (48) hours prior to termination, the District will make a reasonable attempt to notify the resident of the affected property by leaving a notification tag at the property. At no time shall the District discontinue water service at a time when the District offices are closed.

12.02 Complaint Procedures for Disconnection – Service disconnection for non-payment of bills or for violation of any of the District’s rules, regulations, ordinances or resolutions is subject to the complaint procedures specified in Section 11 herein.

12.03 Refusal or Neglect to Pay Debt – Any amount due is a debt to the District, and any person firm or corporation failing, neglecting or refusing to pay this debt may be subject to a civil action for the amount due in a court of competent jurisdiction.

12.04 Lien Against Property for Non-Payment – Any unpaid debt will be deemed a lien against the real property to which service is rendered as specified herein and in the California Water Code Section 31701.5 et seq.

12.05 Service Charges for Violations – If water service is discontinued for violation of any of the District’s rules, regulations, resolutions or ordinances, service shall not be re-instituted until the violations have been corrected and all applicable service charges and fees as provided for herein paid.

12.06 Partial Payments – A partial payment of a delinquent account may be accepted and credited to a customer’s account, but such partial payment shall not be cause for removing the account from a delinquent status and shall not preclude the meter from being turned off for delinquency.

12.07 Authorization for Continuance of Service for Delinquent Accounts – The General Manager or his designee may authorize continuation of service to a delinquent account if financial arrangements satisfactory to the District have been established.

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Section 13. Adding Delinquent Charges to Tax Roll

13.01 Report of Delinquent and Unpaid Charges – A report of delinquent and unpaid charges for water and other services which have been liened for thirty (30) days or more on July 1st of each year shall be prepared and submitted to the Board for consideration as tax liens. The unpaid liened charges listed in said report for each parcel of property shall be fixed at the amount listed in said report.

13.02 Adoption and Filing of Report – The Secretary shall file with the County Assessor of the County of San Bernardino and the Board of Supervisors of the County of San Bernardino, in the time and manner specified by the county Assessors and Board of Supervisors, a copy of such written report with a statement endorsed thereon over the signature of the Secretary, that such a report has been adopted and approved by the Board of Directors and that the County Assessor shall enter the amount of such charges against the respective lots or parcels of land as they appear on the current assessment roll.

13.03 Collection of Delinquent and Unpaid Charges – The County Assessor shall include the amount of charges on bills for taxes levied against their respective lots and parcels of land and thereafter, the amount of such unpaid and delinquent charges shall be collected at the same time and in the same manner by the same person as, together with and not separately from the general taxes, if any, for the District or the County of San Bernardino, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

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Section 14 Charges

14.01 Adoption – All charges described herein shall be adopted by Board Resolution.

14.02 Consumption Charges – The Consumption charge is the charge per hundred cubic feet for all water registered by the water service meter.

14.03 Delinquency Charges – A delinquent charge shall be added to each delinquent account at the time any amount becomes delinquent provided that no delinquent charge shall be made on any account which at the time has no delinquencies of record. When a delinquent charge is made, such charge shall be added to the delinquent account as of the date the account becomes delinquent and the charge shall become an inseparable part of the amount due as of that time.

14.04 Disconnect/Reconnect Charge – The disconnect/reconnect charge is the charge which covers the reasonable District costs for disconnection and reconnection of service connections which are in violation of the provisions contained herein.

14.05 Fire Hydrant Installation Charge – The charge for installation of fire hydrants as may be required.

14.06 Fire Service Installation Charge – The charge for installation of fire services as may be required.

14.07 Fire Service Standby Charge – The fire service standby charge is the monthly standby charge per inch diameter of the District fire service meter. Water use through this service is limited to emergency fire requirements only.

14.08 Inspection Charge – Where a customer service connection or facility requires inspection by District personnel, the customer shall be charged for such inspection.

14.09 Meter Test Charge – The meter test charge is the charge, which covers the District costs for removing, bench testing and reinstalling the water meter to be tested.

14.10 Security Deposit Charge – The security deposit ensures payment of minimum District charges. Upon discontinuance of service the security deposit shall be applied to reduce any outstanding charges on any accounts held by the customer with the District. The amount of deposit required shall be established by the Board of Directors in the resolution on fees. The security deposit shall be refunded to the customer as provided in Section 6.04.02 herein.

14.11 Special Facility Charge – A special facility charge shall be required for development of limited service area whenever special facilities, including, but not limited to booster stations, hydropneumatic stations and pressure regulators are required. The charge to be made to a developer or owner of land that is considered by the District to be within a limited service area shall be based upon the developer or landowner’s proportionate share of the cost of the installation of such special facility. Such proportionate share to be borne by the developer or landowner shall be based on the percentage of such development to the entire limited service area to be served by the special facilities; and the difference between the cost of facilities to serve the same number of acres or area under normal conditions and the cost of facilities to serve the acreage or area under special conditions at a higher cost.

14.12 System Charge – The system charge is the monthly availability charge applicable to all metered services.

14.13 Unauthorized Use of Water Charge – The unauthorized use of water charge shall be charged to any person, organization or agency for each unauthorized use of District water, or for tampering in any manner with any meter belonging to the District, in which tampering shall affect the accuracy of such meter. Where the unauthorized use of water or tampering results in the District’s action to remove the meter, there shall be a charge for the removal and reinstallation.

14.14 Front Footage Charge – The front footage charge is a one-time reimbursement to the District for previously constructed water mains adjacent to all sides of an unimproved property to be served.

14.15 Water Main Extension Charge – The water main extension charge is for the construction of a water main extending to the far side of the property to be served. This charge shall be based on the prevailing rates of the time and material per District approved plans. The customer shall be responsible to provide the plans and for all applicable Engineering Service charges described in Section 14.18.

14.16 Water Service Connection Charge - The water service connection charge is the charge for the type and size of water service connection desired. Such regular charge shall be paid in advance by the applicant. The water service connection charge shall consist of an installation charge and a capacity charge. Where there is no regular charge, the District reserves the right to require the applicant to deposit an amount equal to the estimated cost of such service connection.

14.16.01 Installation Charge – The installation charge shall represent the District’s cost to furnish and install the specified service.

14.16.02 Capacity Charge – The capacity charge is a fee for that incremental portion of the entire water system and District facilities that will be used by a new service.

14.17 Water Design Charge – A non-refundable water system design charge shall be required for all main extensions, service connections and/or special facilities requiring the preparation of engineering plans and drawings.

14.18 Engineering Service Charge- The Engineering Service charge is a fee for the District’s time and effort spent on assisting customers who have a requirement to construct water main extensions, or other water facilities, that must met District needs and conform to District standards. This fee includes time and all other related work. Before submission of a documents requiring work by the Distinct, a non-refundable minimum charge in the amount of 7.5% of the engineer’s estimated cost for the project shall be submitted to the District. The work will be accomplished on a time and effort basis, Should the District use more funds than the original charge, the additional billed costs must be paid prior to allowing water service for the project.

14.19 Construction Water Charge – The construction water charge is a temporary flat rate water charge. It is only available during the construction phase of a new building for services 1” in diameter or less. It is available for a period not exceeding six months in length.

14.20 Fire Flow Test Charge – The fire flow test charge is a flat rate to cover the District’s time and effort for testing parts of the water system to obtain fire flow test data and calculate results as requested.

14.21 Valve Deposit – The valve deposit is a refundable charge that is used to ensure all valve cans and caps are constructed to final grade before a water system construction project is complete. The fee will be returned when valve cans and caps are constructed to final grade by the developer’s contractor and verified by the District.

14.22 Service Initiation Charge – The service initiation charge is a non-refundable charge, which covers the reasonable District costs for initiating water service.

14.23 Returned Check Charge – A returned check charge is a charge, which covers the reasonable administrative cost and banking charges for processing a returned check.

14.24 Temporary Service Charge – A temporary service is available with a fire hydrant. A customer deposit for the temporary service will be required. All other applicable service charges shall apply.

East Valley Water District
3654 E. Highland Avenue, Suite 18
Highland, California 92346-2607

(909) 889-9501

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