HomeMy WebLinkAbout2025-10-07; Municipal Water District; 04; Adoption of Ordinance No. 51 Amending Title 1 and Repealing and Replacing Title 2 of the Carlsbad Municipal Water District CodeCA Review CKM
Meeting Date: Oct. 7, 2025
To: President and Board Members
From: Geoff Patnoe, Executive Manager
Staff Contact: Morgen Fry, Assistant City Clerk
morgen.fry@carlsbadca.gov, 442-339-2808
Subject: Adoption of Ordinance No. 51 Amending Title 1 and Repealing and
Replacing Title 2 of the Carlsbad Municipal Water District Code
Districts: All
Recommended Actions
Adopt Ordinance No. 51 amending Title 1 and repealing and replacing Title 2 of the Carlsbad
Municipal Water District Code.
Executive Summary
The recommended action adopting Ordinance No. 51 amends Title 1 and repeals and replaces
Title 2 of the Carlsbad Municipal Water District Code to remove obsolete language, codify
current practices established by CMWD Board resolutions and the operating agreement
between the CMWD and the City of Carlsbad, and streamlines enforcement procedures to
mirror those provided in the Carlsbad Municipal Code. Title 1 guides how the CMWD is
administered as a subsidiary district of the city and addresses finance and enforcement
mechanisms.
Explanation & Analysis
Ordinance No. 51 was introduced and first read at the Board of Directors meeting held on
Sept. 30, 2025. On a motion by Board Member Bhat-Patel, seconded by Board Member Acosta,
the Board of Directors voted 5-0 to introduce Ordinance No. 51. The second reading allows the
Board of Directors to adopt the ordinance.
No changes are proposed for Section 2.32 of Title 2, the Cross-Connection Control Program,
because staff are coordinating those updates with the latest state guidance and development
of a CMWD cross-connection control plan. The CMWD Board will be asked to consider
proposed changes to Section 2.32 at future meetings.
Fiscal Analysis
There is no fiscal impact from the recommended action.
Next Steps
The City Clerk’s Office will have a summary of the ordinance published in the newspaper of
general circulation within 15 days following adoption of the ordinance. The ordinance will be
effective 30 days after its adoption.
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Environmental Evaluation
The proposed actions to repeal and replace Title 2 of the CMWD Code and amend Title 1 are
exempt from environmental review under the California Environmental Quality Act, or CEQA.
Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no
possibility the proposed actions may have a significant effect on the environment.
Exhibit
1.Ordinance No. 51
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ORDINANCE NO. 51 49
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 1 AND REPEALING AND REPLACING TITLE 2 OF THE
CARLSBAD MUNICIPAL WATER DISTRICT CODE
WHEREAS, the Carlsbad Municipal Water District, or CMWD, is organized under the Municipal
Water District Law of 1911, Division 20 (commencing with Section 71000) of the California Water Code;
and
WHEREAS, pursuant to California Water Code Section 71276, the board of a municipal water
district must act by ordinance, resolution, or motion; and
WHEREAS, on April 25, 1989, the Board of Directors of the Costa Real Municipal Water District
approved Resolution No. 1, consenting to the establishment of Costa Real Municipal Water District as
a subsidiary district of the City of Carlsbad, consistent with the approved proposal of the San Diego
County Local Agency Formation Commission, to integrate the planning and management of water
resources within the City of Carlsbad and revert the district’s name back to the Carlsbad Municipal
Water District; and
WHEREAS, on Jan. 1, 1990, the CMWD became a subsidiary district of the City of Carlsbad; and
WHEREAS, California Government Code Sections 50022.1 to 50022.10 provide authority for a
local public agency to codify existing ordinances; and
WHEREAS, on June 25, 2024, the Board of Directors of the CMWD introduced Ordinance No. 49
codifying, restating, and amending Ordinances No. 1 to No. 48, except for those ordinances previously
repealed, into a comprehensive code (“Code”); and
WHEREAS, on July 16, 2024, the Board of Directors of the CMWD adopted Ordinance No. 49,
codifying, restating, and amending Ordinances No. 1 to No. 48, except for those ordinances previously
repealed, into the Code and the Code became effective on Aug. 15, 2024; and
WHEREAS, on Nov. 12, 2024, the Board of Directors of the CMWD adopted Ordinance No. 50,
repealing and replacing Title 1 of the Code; and
WHEREAS, Title 2 of the Code has been reviewed, and it has been determined that amendments
to the Code are required to make Title 2 consistent with the amendments to Title 1 and the CMWD’s
operations practices; and
Exhibit 1
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WHEREAS, an amendment to Title 1 of the Code is needed to clarify and streamline the
proposed amendments to Title 2.
NOW, THEREFORE, be it ordained by the Board of Directors of the Carlsbad Municipal Water
District of the City of Carlsbad, California, as follows:
1. The above recitations are true and correct and are incorporated into this Ordinance.
2.That the proposed actions to repeal and replace Title 2 of the CMWD Code and amend
Title 1 are exempt from environmental review under the California Environmental
Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen
with certainty that there is no possibility the proposed actions may have a significant
effect on the environment.
3.Miscellaneous.
a.Existing Law Continued. The adoption of the provisions in this Ordinance that are
substantively the same as existing ordinances relating to the same subject are
restatements and continuations of existing ordinances and not new enactments or
amendments, except for formatting to codify the existing ordinances. The adoption
of this Ordinance is not intended to affect or disrupt the continuity of the CMWD’s
business or administration of its law, including but not limited to the following:
i. Actions and proceedings that began before the effective date of this
Ordinance;
ii.Prosecution for ordinance violations committed before the effective date of
this Ordinance; or
iii.Matters of record that refer to or are connected with a provision of the prior
Code, as amended, and which references shall be constructed to apply to the
corresponding provisions of the CMWD Code.
b.References to Prior Ordinances Apply to All Amendments. Whenever a reference is
made to this Code as the “Carlsbad Municipal Water District Code” or to any portion
of it, or to any ordinance by the Carlsbad Municipal Water District, the reference
shall apply to all amendments, corrections, and additions, made now or in the
future.
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c.Title, Chapter and Section Headings. Title, chapter and section headings contained
in this Code shall not be deemed to govern, limit, modify, or in any matter affect the
scope, meaning, or intent of the provisions of any title, chapter, or section of this
Code.
d.References to Specific Ordinances and Code Sections. The provisions of this
Ordinance do not affect matters of record which refer to, or are connected with
ordinances, titles, chapters, or section headings included within the CMWD Code.
Renumbering and relabeling of existing ordinances, title, chapter, and section
headings by this Ordinance does not affect the continuing validity of existing laws.
Any existing reference to an ordinance, title, chapter, or section heading which is
renumbered or relabeled by this Ordinance must be construed to apply to the
corresponding provisions contained within this Ordinance.
e.Effect of Ordinance on Past Actions, Obligations and Irregularities. All rights and
obligations existing under any ordinance in effect prior to the effective date of this
Ordinance continue in full force and effect. This Ordinance does not invalidate any
action taken prior to the effective date of this Ordinance if the action was proper
under the law governing the action at the time the action was taken. Adoption of
this Ordinance supersedes the incorporated ordinances, and to the extent there is a
conflict with them, this Ordinance takes precedence over the incorporated
ordinances. In the event of any irregularities in the restatement of any ordinances,
this Ordinance constitutes a readoption of any said ordinance with the intent of
curing any such adoption irregularity. Adoption of this Ordinance and the resulting
amendment of any ordinance or portion of any ordinance of the CMWD do not
revive any rights repealed or extinguished by any prior ordinance of the CMWD.
f.Effect of Ordinance on Period of Limitation. When a limitation or period of time
prescribed in any existing ordinance for acquiring a right or barring a remedy, or for
any other purpose, has begun to run before this Ordinance goes into effect, and the
same or any limitation is prescribed in this Ordinance, the time which has already
run is deemed part of the time prescribed as such limitation by this Ordinance.
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g.Successor Codes. All references in this Ordinance to California codes includes all
successor provisions to such codes. Where any of the provisions of this Ordinance
conflict with subsequent changes in the cited or successor codes or other applicable
California law, the provisions of those changed or successor codes or other
applicable law applies in place of the conflicting provisions in this Ordinance. Any
such changed or successor codes or other applicable law applies to allow imposition
of the maximum penalties, interest, charges, and damages and the strictest
compliance deadlines then allowed by law.
4.Section 1.08.030 “Officers designated – Duties” of Title 1 “Administration and
Personnel” is amended to read as follows:
1.08.030 Officers Designated -- Duties.
A.The Mayor of the City of Carlsbad shall serve as the President of the Board
of Directors. It shall be the duty of the President to preside over the meetings of
the Board of Directors, appoint committee members, appoint organization
representatives and perform such other duties and responsibilities as required
or imposed by law or a majority vote of the Board of Directors.
B.The Mayor Pro Tem of the City of Carlsbad shall serve as the Vice
President of the Board of Directors and shall exercise the powers and duties of
the President, if the President is absent or unable to act.
C.The City Manager of the City of Carlsbad shall be the Executive Manager
of the District. The Executive Manager shall be the administrative head of the
District under the direction and control of the Board of Directors. The Executive
Manager shall be responsible for the efficient administration of all affairs of the
District and shall report directly to the Board of Directors.
D.The City Attorney of the City of Carlsbad shall be the General Counsel of
the District.
E.The City Clerk of the City of Carlsbad shall be the Secretary to the Board
of Directors. In addition to the duties imposed on the Secretary by law, the
Secretary shall perform such duties as may be imposed by the Board of Directors.
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F.The Public Works Director means the Deputy City Manager, Public Works,
of the City of Carlsbad or designated representative who is responsible for the
engineering decisions required for the planning, design and construction of the
District’s water and recycled water facilities.
G.The General Manager shall be the administrative officer responsible
directly to the Executive Manager for the administration and operations of the
District. The Executive Manager shall delegate to the Deputy City Manager,
Public Works, and the Deputy City Manager, Public Works shall delegate to the
General Manager responsibility for day-to-day activities of the District.
H.Unless otherwise prohibited by state law or a provision of a resolution or
ordinance adopted by the Board of Directors, all duties and powers granted to
or imposed upon the Executive Manager may be delegated by the Executive
Manager to other officers, department heads or management employees of the
City of Carlsbad.
(Res. 743, 1991; Res. 648, 1990; Ord. 1 § 12, 1954; Ord. 50, 2024)
5.Title 2 Repealed and Replaced. Title 2 “Water Rates and System Facilities” of the CMWD
Code is repealed in its entirety and replaced as set forth in Attachment A to this
Ordinance, which Attachment A is incorporated by this reference as if set forth in full at
this point.
6.Parentheticals. Parenthetical references of a historical nature are not a substantive part
of this Ordinance and may be deleted and modified as necessary as part of the
codification of the Carlsbad Municipal Water District Code.
7.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part of it is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or
any part of it. The Board of Directors of the CMWD declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase of the
Ordinance, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrases be declared unconstitutional.
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8.Publication. The CMWD Board Secretary has caused notice of this Ordinance to be
advertised in a newspaper of general circulation as required by law.
EFFECTIVE DATE: This Ordinance shall be effective thirty days after its adoption and the CMWD
Board Secretary shall certify the adoption of this Ordinance and cause the full text of the Ordinance, or
a summary of the Ordinance prepared by the CMWD General Counsel to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council of the City of
Carlsbad, California and the Board of Directors of the Carlsbad Municipal Water District of the City of
Carlsbad, California on the 30th day of September, 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of
Carlsbad, California and the Board of Directors of the Carlsbad Municipal Water District of the City
of Carlsbad, California on the 7th day of October, 2025, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, General Counsel
_______________________________________
KEITH BLACKBURN, President
_______________________________________
SHERRY FREISINGER, Secretary
(SEAL)
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Attachment A
Title 2
WATER RATES AND SYSTEM FACILITIES
Chapters:
2.04 General Regulations
2.08 Retail and Recycled Water Rates
and Collection
2.12 Meters, Service Connections,
Connection Fees, and Payment
2.16 Connections and Installations of
Service
2.20 Extension of Pipelines and Other
Facilities
2.24 Engineering Services Fees
2.28 Fire Hydrants
2.32 Cross-Connection Control
Program
2.36 Procedures for Work in the District
Right-of-Way
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Chapter 2.04
GENERAL REGULATIONS
Sections: 2.04.010 Definitions. 2.04.020 Adoption of rules and regulations. 2.04.030 Failure to comply with rules and regulations or pay rates—Penalty. 2.04.040 Turning water or recycled water on and off from premises. 2.04.050 Persons not to interfere with District water system. 2.04.060 Entrance upon private property by employees of the District. 2.04.070 Right of District to enter premises, install meters and enforce collection of charges. 2.04.080 Interference with inspection—Stoppage of service—Notice required. 2.04.090 Water or recycled water services shut-off notice. 2.04.100 Length of water or recycled water service stoppage. 2.04.110 Liability of District to damage from break beyond meter. 2.04.120 Responsibility for damage resulting from shutting off water or recycled water. 2.04.130 Charges for replacement, repairs, or adjustment caused by customer. 2.04.140 Unlawful use of water, recycled water, facilities, and appurtenances. 2.04.150 Bills for labor, materials. 2.04.160 Settlement of disputes between customer and District . 2.04.170 Claims requirements and procedures.
2.04.010 Definitions.
The following terms are defined for purposes of this title:
“Applicant” means a person who applies for water or recycled water service.
“Backflow” means an unintended reversal of flow of water and/or other liquids, gases, or other sub-
stances into the public water distribution system or water supply.
“Backflow prevention assembly” means a mechanical assembly designed and constructed to pre-
vent backflow that, while installed, can be repaired and its ability to prevent backflow can be
field tested and inspected.
“Backflow prevention assembly tester” means a person who is certified as a backflow prevention
assembly tester by a California State Water Board-recognized certifying organization and pur-
suant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross-Connection Control Policy
Handbook.
“Board” means Board of Directors of the Carlsbad Municipal Water District.
“City” means the City of Carlsbad, a municipal corporation in the State of California.
“Connection” means the metered water or recycled water service connection from a District water
or recycled water pipeline facility, respectively.
“Cost” includes labor, material, transportation, expense, supervision, engineering, and other neces-
sary overhead expense.
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“Cross-connection” means any actual or potential connection or structural arrangement between a
public water system, including a piping system connected to the public water system and lo-
cated on the premises of a water user or available to the water user, and any source or distri-
bution system containing liquid, gas, or other substances not from an approved water supply.
“Cross-Connection Control Policy Handbook” means the standards for backflow protection and
cross-connection control adopted by the State Water Board pursuant to sections 116407 and
116555.5 of the California Health and Safety Code for the protection of a public drinking water
distribution system and public health.
“Cross-connection control specialist” means a person who is certified as a cross-connection control
specialist pursuant to Article 4, Sections 3.4.1 and 3.4.2 of the most recent Cross-Connection
Control Policy Handbook.
“Customer” means any person to whom the District supplies water or recycled water service under
contract, either expressed or implied, to make payment for such water or recycled water ser-
vice.
“Delivery charge” means the minimum monthly charge to a customer for availability of service, the
revenue from which enables the District to maintain and operate a water system and a separate
recycled water system ready to deliver to a customer. The delivery charge shall be based on
the size of the water meter that is appropriate to provide service for the customer.
“Double check valve backflow prevention assembly” or “DC” means an assembly consisting of two
independently acting, internally loaded check valves, with tightly closing shut-off valves located
at each end of the assembly (upstream and downstream of the two check valves) and fitted
with test cocks that enable accurate field testing of the assembly.
“Double check detector backflow prevention assembly” or “DCDA” means a DC that includes a by-
pass with a water meter for accurately registering flow rates up to two gallons per minute and
visually showing a registration for all flow rates.
“Engineering service fees” means plan checking and inspection service fees for review of water and
recycled water facility improvement plans submitted by applicant, customer, or their engineer
and subsequent inspection of the installation of water and recycled water facilities in conform-
ance with approved standard drawings and specifications.
“Extension” means water or recycled water pipeline extension beyond the limit of a subdivision or
beyond the street(s) immediately adjacent to the subdivision
“Fire service” means the connection to and the installation of a pipe between the public water main
and the backflow prevention assembly to be used exclusively for fire protection systems.
“Hazard Assessment” means an evaluation of a customer’s premises designed to evaluate the types
and degrees of hazard at a customer’s premises.
“High hazard cross-connection” means a cross-connection that poses a significant threat to public
health or the potability or safety of the public water supply.
“Low hazard cross-connection” means a cross-connection that has been found to not pose a signif-
icant threat to the potability or safety of the public water supply but may adversely affect the
aesthetic quality of the potable water supply.
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“Industrial or commercial” means any customer using water or recycled water for a building or land-
scape irrigation of a site other than a residential unit for the purpose of producing goods or
services other than the services of housing permanent or transient occupants.
“Legal or equitable owner” means any owner of record, mortgage trustee, or contract purchaser.
“Meter” means the device used to measure the amount of water or recycled water the customer
uses in units where one unit is 748 gallons.
“Public water system” or “PWS” has the same meaning as set forth in section 116275(h) of the
California Health and Safety Code.
“Pipeline” means an existing or proposed conduit for the conveyance of water or recycled water in
the water or recycled water distribution system, respectively, of the District.
“Public Works Director” means the Deputy City Manager of the Public Works Branch of the City of
Carlsbad with duties and powers as may be delegated by the Executive Manager.
“Recycled water,” sometimes referred to as “reclaimed water,” means water obtained from the treat-
ment of wastewater that is suitable for direct beneficial use or a controlled use that otherwise
would not occur and also meets the highest level in conformance with California Code of Reg-
ulations, Title 22, Division 4, Chapter 3, Sections 60304 and 60305 (Use of Recycled Water for
Irrigation and for Impoundments).
“Recycled water connection fee” means the fee paid for the planning, design, and construction of
capacity improvements and/or new facilities required for the delivery, distribution, and storage
of recycled water.
“Reduced pressure principle backflow prevention assembly” or “RP” means an assembly with two
independently acting, internally loaded check valves with a hydraulically operating, mechani-
cally independent, differential-pressure relief valve located between the check valves and be-
low the upstream check valve. The assembly shall have shut-off valves located upstream and
downstream of the two check valves and test cocks to enable accurate field testing of the as-
sembly.
“Reduced pressure principle detector backflow prevention assembly” or “RPDA” means a RP that
includes a bypass with a water meter for accurately registering flow rates up to two gallons per
minute and visually showing a registration for all flow rates.
“Residential unit” means any single-family or multifamily residential living unit, including houses,
duplexes, apartments, condominiums, and mobile homes.
“Risk Manager” means the Risk Manager of the City of Carlsbad.
“State Water Board,” unless otherwise specified, means the State Water Resources Control Board.
“Water Authority” means the San Diego County Water Authority, a wholesale water supplier in San
Diego County, California, of which the District is a member agency.
“Service connection" means the tapping of a District water or recycled water pipeline or the installa-
tion of a tee, and the laying of a service line from the connection on the pipeline to the meter
location.
“Water” means potable water fit for human consumption in accordance with applicable State of Cal-
ifornia and U.S. Federal Government standards.
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“Water connection fee” means the fee paid for the planning, design, and construction of capacity
improvements and/or new facilities required for the delivery, distribution, and storage of water.
“Water Meter Permit” means an authorization to install a water meter.
2.04.020 Adoption of rules and regulations.
A. The Board may, from time to time by resolution, adopt rules and regulations for the operation
and maintenance of the water and recycled water facilities of the District, and for furnishing
water or recycled water to customers, and may likewise by resolution modify the rates, charges,
fees, and penalties established and imposed by this title, and may from time to time by resolu-
tion prescribe rules for the extension of water or recycled water pipelines within the boundaries
and outside the boundaries of the District.
B. The Executive Manager may, from time to time, issue rules and regulations to carry out the
purposes of this title. (Ord. 47 § II.3, 2019; Ord. 45 § II.3, 2009)
2.04.030 Failure to comply with rules and regulations or pay rates—Penalty.
A. On failure to comply with the rules and regulations established by the District as a condition
precedent to the right to use potable water or recycled water, or to pay rates or any charges
imposed in the time and manner stated in this title, upon reasonable notice, the water and
recycled water may be shut off until payment of amount due, including a 10% late fee, is re-
ceived by the District.
B. Bills for water service are delinquent if they are not paid by the due date. Delinquent charges
are subject to additional fees. Charges will continue to accrue until the customer notifies the
District to discontinue service. The District may be notified in writing or by calling the City’s
Utility Billing Department. If the commercial potable water or the recycled water bill remains
unpaid after 44 days following the due date of such bill, the Executive Manager may cause the
commercial potable water or the recycled water service to be shut off from the premises where
the delinquency occurs, and the same meter shall remain shut off until all bills, plus any addi-
tional charges have been paid.
B. Residential Potable Water Service. Subject to the provisions in the District’s Residential Water
Service Shutoff Protection Policy for Nonpayment of Charges, if the residential potable water
bill remains unpaid after 60 days following the due date of such bill, the Executive Manager
may cause the residential potable water service to be shut off from the premises where the
delinquency occurs and the same meter shall remain shut off until any past due amount, plus
any additional charges have been paid. (Ord. 47 § II.4, 2019; Ord. 45 § II.4, 2009)
2.04.040 Turning water or recycled water on and off from premises.
No one except an authorized employee of the City shall turn the water or recycled water on or off at
a service gate valve, angle meter stop valve, or corporation stop valve located upstream of the
meter. (Ord. 47 § II.5, 2019; Ord. 45 § II.5, 2009)
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2.04.050 Persons not to interfere with District water system.
No person shall in any manner whatsoever meddle, tamper with, obstruct, or interfere with any part
of the water or recycled water system of the District. (Ord. 47 § II.6, 2019; Ord. 45 § II.6, 2009)
2.04.060 Entrance upon private property by employees of the District.
Any authorized employee of the City shall be admitted at all reasonable hours to all open areas of
the premises supplied by water or recycled water to verify facilities are in good operating condition,
to make any repairs, replacements or improvements, and to verify that rules and regulations are
adhered to by the customer. (Ord. 47 § II.7, 2019; Ord. 45 § II.7, 2009)
2.04.070 Right of the District to enter premises, install meters and enforce collection of
charges.
Any authorized employee of the City shall have the right at any time, and at any point where water
or recycled water is used, to install a water or recycled water meter of adequate size, and enforce
collection for the amount of water or recycled water that shall be used, in accordance with all the
ordinances, rules and regulations of the District governing the consumption of water or recycled
water, and for that purpose may at any time go upon the premises of the customer. (Ord. 47 § II.8,
2019; Ord. 45 § II.8, 2009)
2.04.080 Interference with inspection—Stoppage of service—Notice required.
In case an authorized City employee or agent of the District is refused admittance to any premises
supplied with water or recycled water by the District, or on being admitted is hindered or prevented
from making such examination or inspection by any person or by the maintenance on such premises
of an animal, or for any other reason, the Executive Manager may cause the service of water or
recycled water to such premises to be discontinued in accordance with Section 2.04.060 and subject
to additional enforcement as provided for in Carlsbad Municipal Code Chapters 1.08 and 1.10. (Ord.
47 § II.9, 2019; Ord. 45 § II.9, 2009)
2.04.090 Water or recycled water service shut-off notice.
Any notice of stoppage of water or recycled water service shall be served pursuant to the service of
notice requirements in Carlsbad Municipal Code Chapter 1.10.
2.04.100 Length of water or recycled water service stoppage.
Water or recycled water service may be discontinued until the customer or owner has given satis-
factory assurance to the Executive Manager that any such employee or agent will not be hindered
or prevented from making such examination or inspection. (Ord. 47 § II.11, 2019; Ord. 45 § II.11,
2009)
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2.04.110 Liability of the District to damage from break beyond meter.
The District will not be responsible for injuries to persons or damages to buildings or their contents
from any water leakage, damage, or earth movement originating from a break on the customer’s
side of the meter connection. (Ord. 47 § II.12, 2019; Ord. 45 § II.12, 2009)
2.04.120 Responsibility for damage resulting from shutting off water or recycled water.
The District shall not be responsible for any damage, such as bursting of boilers, damage to crops
or landscaping, the breaking of any pipe or fixture, stoppage or interruption of water or recycled
water supply, or any other damage resulting from shutting off water or recycled water. (Ord. 47 §
II.13, 2019; Ord. 45 § II.13, 2009)
2.04.130 Charges for replacement, repairs, or adjustment caused by customer.
Where the District incurs expenses for the replacement, repairs, or adjustments of any service con-
nection or meter resulting from the act, negligence, or carelessness of the customer, the expenses
shall be charged against and collected from the customer. If the customer fails to pay such charges,
water may be shut off until such charges are paid. (Ord. 47 § IV.4, 2019; Ord. 45 § IV.4, 2009)
2.04.140 Unlawful use of water, recycled water, facilities, and appurtenances.
It is unlawful for any person other than an authorized City employee or agent of the District to:
A. Open any fire hydrant, corporation stop valve, gate valve, or angle meter stop valve;
B. Interfere in any manner with any water service, water connection, or any water meter attached
to any service pipe connected to the water pipelines;
C. Turn on or off water or recycled water pipelines of the District;
D. Tap, break, or damage any water or recycled water pipeline of the District, or any reservoir,
pumping station or pressure reducing station of the District;
E. Tap any water or recycled water service pipe or take or draw water from any water pipe or fire
hydrant of the District without paying the established water rate and receiving permission for
such service after having made written application as provided by this Chapter;
F. In anyway trespass upon the public property of the District or conduct any work within a District
easement without written permission first being obtained from the District; or
G. Willfully or neglectfully waste water in any manner whatsoever, and any person having
knowledge of any condition whereby water is being wasted shall notify the District of such fact.
(Ord. 47 § II.14, 2019; Ord. 45 § II.14, 2009)
2.04.150 Bills for labor, materials.
All bills for labor and materials furnished, and other charges, shall become due and payable 30 days
from date of mailing unless otherwise indicated on the bill. (Ord. 47 § II.15, 2019; Ord. 45 § II.15,
2009)
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2.04.160 Settlement of disputes between customer and the District.
A. If a dispute arises between any water or recycled water customer and the District concerning
water or recycled water service or the amount of a water or recycled water bill to such customer,
the dispute may be settled, subject to the approval of the Board, or the delegated authority of
the Executive Manager or designee. The final decision and settlement approval of the Board
shall be recorded in the minutes of the Board.
B. The provisions and procedures provided for in this section in no way affect the other provisions
of this title and only apply to Chapter 2.04. (Ord. 47 § II.16, 2019; Ord. 45 § II.16, 2009)
2.04.170 Claims requirements and procedures.
A. No suit shall be brought against the District unless a claim has first been presented in writing
and filed with the Secretary to the Board and acted upon by the District following the procedures
prescribed by Title 1, Division 3.6 of the California Government Code (commencing with Sec-
tion 900). As permitted by California Government Code Section 935, the claim presentation
and filing requirement applies to claims excepted by Government Code Section 905 and not
governed by any other expressly related statutes or regulations.
B. Subject to Government Code Sections 945.6 and 946, a claim relating to a cause of action for
death or for injury to person, property, or growing crops shall be presented in the manner pro-
vided in Article 2 (commencing with Section 915) of the California Government Code not later
than six months after the accrual of the cause of action. A claim relating to any other cause of
action shall be presented in the same manner not later than one year after the accrual of the
cause of action. (Ord. 47 § II.18, 2019; Ord. 45 § II.18, 2009)
C. The functions of the District required to be performed in considering and rejecting, approving,
compromising, or settling claims provided for by this section are delegated to the Executive
Manager or a designee, subject to concurrence by the General Counsel or designee, provided
the amount of any allowed, compromised, or settled claim does not exceed $25,000 for claims
related to water service and $10,000 for all other claims, or such other amounts established by
resolution of the Board.
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Chapter 2.08
RETAIL AND RECYCLED WATER RATES AND COLLECTION
Sections: 2.08.010 New account fee. 2.08.020 Continuity of service fee (landlords only). 2.08.030 Delivery charge. 2.08.040 Delivery charge for residential automatic fire extinguishing system. 2.08.050 Delivery charge—Proration. 2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of service. 2.08.070 Rate structure. 2.08.080 Water rates, charges, and fees to be established by resolution. 2.08.090 Meter readings and billings. 2.08.100 Service charges to be a lien against property of consumer. 2.08.110 Shutting off water on supply side of meter. 2.08.120 Adjustment of bills for meter error.
2.08.010 New account fee.
A new account fee as determined by resolution of the Board will be assessed on a customer on the
first bill. The District requires at least 24 hours’ notice of water service turn on. If a customer contacts
the District the same day that the customer wants service turned on, then the customer will have an
additional charge assessed on the next water bill. If the customer requests service on holidays,
weekends, or after 5:00 p.m. on weekdays to have water turned on the same day, then a charge
must be paid to the District on the following normal working day. (Ord. 47 § III.1, 2019; Ord. 45 §
III.1, 2009)
2.08.020 Continuity of service fee (landlords only).
The District will provide a continuity of service fee option only for landlords who wish to retain water
service to rental properties during periods of vacancy. The continuity of service must be requested
by the landlord and a fee, as determined by a resolution of the Board, paid to the District. The water
bill will be sent to the landlord’s address and the landlord will be billed for the continuity of service
fee. (Ord. 47 § III.2, 2019; Ord. 45 § III.2, 2009)
2.08.030 Delivery charge.
The District shall charge each customer a monthly delivery charge for each service connection with
a meter in such amounts as provided by resolution of the Board as adopted from time to time. (Ord.
47 § III.3, 2019; Ord. 45 § III.3, 2009)
2.08.040 Delivery charge for residential automatic fire extinguishing system.
When a water meter for a residential unit is required to provide standby capacity for an automatic
fire extinguishing system, the delivery charge will be determined according to this section. In cases
where a meter that restricts the capacity of the connection and measures total water consumption
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is installed, the delivery charge will be based on the meter size. For fire extinguishing systems with
a meter that is in place only to inform the District when water is drawn through the service line, and
does not restrict water flow, the charge will be based on the service line size. The delivery charge
to provide water for an automatic fire extinguishing system is required when: (a) the automatic fire
extinguishing system is required by law, including any requirement imposed as a condition of devel-
opment, permit, or occupancy; and (b) the Fire Chief, Fire Marshal, or Building Official of the City
has provided a written statement verifying the requirement for additional meter size. The determina-
tion under this section shall be made at the time the meter is first obtained or at the time a meter is
replaced with one of greater size because of the later installation of the automatic fire extinguishing
system. (Ord. 47 § III.4, 2019; Ord. 45 § III.4, 2009)
2.08.050 Delivery charge—Proration.
The delivery charge will be prorated based on the normal date the meter is read for the month that
water service begins. (Ord. 47 § III.5, 2019; Ord. 45 § III.5, 2009)
2.08.060 Delivery charge where house becomes vacant—Request for discontinuance of
service.
If a residential unit becomes vacant, the regular monthly delivery charge shall be charged and col-
lected from the property owner, whether water is used or not, until the day upon which the District
is notified that the property is unoccupied and is requested to shut off water service to the property.
(Ord. 47 § III.6, 2019; Ord. 45 § III.6, 2009)
2.08.070 Rate structure.
The District rate structure shall be approved by the Board. Rates shall be set at a level sufficient to
pay for water purchases, maintenance and operations, debt service, replacement funding, adequate
reserves, and to meet objectives established by the Board.
A. Residential Water Rate. The residential water rate is a tier rate per unit of water used where
one unit equals 748 gallons.
B. Commercial/Nonresidential. The commercial/nonresidential water rate is a flat rate per unit of
water used where one unit equals 748 gallons.
C. Agricultural Water Rate. The agricultural water rate shall comply with the rate reduction and
rules and requirements adopted by the Metropolitan Water District of Southern California and
the San Diego County Water Authority in relation to cost and availability of imported water.
Once a customer is authorized to take water service on an Agricultural Water Rate, that cus-
tomer must comply with water supply reductions under Chapter 3.04 of this Code when the
Board declares Stage 2 or higher water conservation stages.
D. The Recycled Water Rate. The recycled water rate is a flat rate per unit of recycled water used
where one unit equals 748 gallons and applies only to the delivery of recycled water to the
customer. (Ord. 47 § III.7, 2019; Ord. 45 § III.7, 2009)
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2.08.080 Water rates, charges, and fees to be established by resolution.
The rates, charges, and fees for all water and recycled water delivered by the District shall be fixed,
and may be changed as necessary, by Resolution of the Board after following the provisions re-
quired by the California Constitution. All water and recycled water bills must be paid by the due date
printed on the water or recycled water bill. (Ord. 47 § III.8, 2019; Ord. 45 § III.8, 2009)
2.08.090 Meter readings and billings.
Meters shall be read and billings rendered monthly. The billing period is 30 days and is based on
the meter reading date. The date on which the bill is deemed delinquent shall be indicated on the
bill. (Ord. 47 § III.9, 2019; Ord. 45 § III.9, 2009)
2.08.100 Service charges to be a lien against property of consumer.
In addition to any other remedy provided for in this chapter for the enforcement and collection of any
water and recycled water rates, charge, fee or account, all rates provided for in this title shall be
charged against the property on which it is furnished and against the property owner, and shall be
a lien against the premises to which any water or recycled water may be supplied, and a charge
against the property owner and the property occupant using the water. Subject to the District’s Res-
idential Water Shutoff Protection Policy for Nonpayment of Charges, if charges, if for any cause any
sums owing for water service become delinquent, the water or recycled water shall be cut off and in
no case shall it be turned on to the same property until all such delinquencies shall have been paid
in full. Such property owner and occupant shall be severally responsible to the District in an action
brought by the District in any Court of competent jurisdiction for the amount of all such money as
may be due and unpaid, together with all applicable penalties and costs. No change of ownership
or occupation shall affect the application of this chapter. This section shall not apply to nonperma-
nent water service connections. (Ord. 47 § III.10, 2019; Ord. 45 § III.10, 2009)
2.08.110 Shutting off water on supply side of meter.
Upon the written request or call to the City’s Utility Billing Department, by the customer or occupant
of a building or premises to have the water shut off on the supply side of the meter, the District shall
have the water shut off and, at the time, record the reading of the meter and render a bill in a sum
which shall be the greater of the amount of water used according to the rates and charges provided
for, or for the monthly minimum charge due for the fractional part of the month. (Ord. 47 § III.11,
2019; Ord. 45 § III.11, 2009)
2.08.120 Adjustment of bills for meter error.
A. Fast Meters. When, upon test, a meter is found to be registering fast within the tolerances set
forth in Section 2.12.050(B), the District shall refund to the customer the amount of the over-
charge based upon corrected meter readings for the period the meter was in use, but not to
exceed a period of six months.
B. Slow Meters. When, upon test, a meter is found to be registering slow beyond the tolerances
set forth in Section 2.12.050(B), the District shall bill the customer for the amount of the
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undercharge based upon corrected meter readings for the period the meter was in service, but
not to exceed a period of six months.
C. Failed Meter Reads. In the event a water meter fails to register during any month, a charge will
be made based upon the three-month average amount of water used during the same period
for the previous year. In the event there was no meter at the location during the previous year,
a charge will be made upon an estimate fixed by the District, which shall be paid by the cus-
tomer.
D. General. When it is found that the error in a meter is due to some cause, the date of which can
be fixed, the overcharge or the undercharge shall be computed back to, but not beyond, such
date. (Ord. 47 § III.12, 2019; Ord. 45 § III.12, 2009)
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Chapter 2.12
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT
Sections: 2.12.010 Application of this Chapter to potable and recycled water. 2.12.020 Water meter permit. 2.12.030 Water and recycled water connection fee. 2.12.040 Meter installation charges. 2.12.050 Standards for service connections and meters. 2.12.060 Service connection and meter ownership. 2.12.070 Minimum water meter size for buildings. 2.12.080 Maximum water meter size. 2.12.090 Irrigation water meters. 2.12.100 Construction meters. 2.12.110 Fire service flow detector meters. 2.12.120 Repairs by the District. 2.12.130 Transportation of water across property line. 2.12.140 Connection—Liability for damage. 2.12.150 Examination of meter at customer’s request. 2.12.160 Cutting off or interfering with meter.
2.12.010 Application of this chapter to potable and recycled water
All processes and procedures described in this chapter shall apply to both potable and recycled
water, unless otherwise specified.
2.12.020 Water meter permit.
A. It is unlawful for any person to connect to or draw water from the District’s water or recycled
water system without first obtaining a Water Meter Permit. The District’s Executive Manager or
designee may authorize connection of a new structure to the water system. This authorization
may be concurrent with the issuance of a valid building permit for a new structure if the appli-
cant has filed the proper application and paid the required fees. Every Water Meter Permit
issued shall be returned if the building permit for the structure to which the connection is being
made expires or otherwise becomes null and void.
B. Every Water Meter Permit issued pursuant to this section shall expire by limitation and become
null and void if work on the connection authorized by such permit is not completed within 180
days from the date of issuance of such permit. Reasonable extensions may be granted by the
Executive Manager or designee in writing. (Ord. 47 § IV.7, 2019; Ord. 45 § IV.7, 2009)
C. If a Water Meter Permit has expired, then before the connection for such structure can be
made, a new Water Meter Permit shall be obtained at the fee in effect at the time of reapplica-
tion. A Water Meter Permit for the connection of an existing structure to the water system may
be issued by the Executive Manager or designee at any time upon proper application.
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2.12.030 Water and recycled water connection fee.
A. An applicant for installation of a service connection shall pay a water connection fee and, at
locations where recycled water is to be used, a recycled water connection fee in the amount
as set from time to time by a resolution of the Board. The recycled water connection fee shall
be equal to the water connection fee for the same size meter; however, a recycled water con-
nection is not required to pay the Water Authority system capacity charge. When a water meter
for a residential unit is required to provide standby capacity for an automatic fire extinguishing
system, the water connection fee will be determined according to the size of the meter neces-
sary to meet the water use requirements of the customer, as determined according to the rules
of the District, without consideration of additional size necessary to provide the delivery of water
for the automated fire extinguishing system. The water connection fee and recycled water con-
nection fee shall be adjusted annually by a resolution of the Board by the percentage change
in the Engineering News Record Construction Cost Index, Los Angeles with the base index in
effect in December 2003, or subsequent resolution of the Board.
B. For all residential units, and unless exempted by law, the water connection fee shall be paid at
the time of issuance of a building permit for the property. For commercial and industrial devel-
opment projects, the water connection fee shall be paid at the time of application for a Water
Meter Permit. The recycled water connection fee shall be paid after the recycled water irrigation
system, or other recycled water use system, has been tested by the District’s cross-connection
control specialist and achieved passing results and recycled water can be supplied. The District
shall install water or recycled water meters within 72 hours of payment of the connection fee,
subject to availability of meters.
C. A credit on a water or recycled water connection fee will be made for the exchange of an exist-
ing water or recycled meter for a new meter of larger size. The credit shall apply only to the
water or recycled water connection fee. The credit amount shall be based on the connection
fee amount in effect at the time the exchange is made. No credit shall be applied for an ex-
change for a smaller meter. (Ord. 47 § IV.8, 2019; Ord. 45 § IV.8, 2009)
2.12.040 Meter installation charges.
Applicants for installation of water meters shall pay installation charges as set from time to time by
the Board and reflected in the City’s Master Fee Schedule. In the event a customer has an installed
meter and wishes to relocate the meter or exchange the meter for a smaller or larger meter, the
customer shall pay the meter installation fee applicable to the relocated meter or the new meter in
effect at the time of the exchange. (Ord. 47 § IV.14, 2019; Ord. 45 § IV.14, 2009)
2.12.050 Standards for service connections and meters.
A. All service connections shall be located in public right-of-way or easements and shall conform
to District standard specifications and standard drawings in effect at the time the connection is
installed and all such connections must be inspected and approved by the Public Works Direc-
tor or designated representative before water is admitted through meters. (Ord. 47 § IV.1, 2019;
Ord. 45 § IV.1, 2009)
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B. All water and recycled water meters shall be new or certified for accuracy to meet standards of
the American Water Works Association through testing performed or approved by the District
before being installed. (Ord. 47 § IV.2, 2019; Ord. 45 § IV.2, 2009)
2.12.060 Service connection and meter ownership.
The Water Meter Permit shall note the permit issue date for all service connections. Upon the date
of initial acceptance of the service connection, the service connection will become the property of
the District and its responsibility to maintain. The meter is the property of the District and its respon-
sibility to maintain. (Ord. 47 § IV.3, 2019; Ord. 45 § IV.3, 2009)
2.12.070 Minimum water meter size for buildings.
A. Residential Unit. For residential units, the minimum size meter shall be five-eighths inch, except
where the residential unit is larger than 3,500 square feet or on a lot larger than one-quarter
acre where the meter size shall be three-fourths inch. Where there is a residential automatic
fire extinguishing system, the minimum meter size shall be one inch.
B. Commercial and Industrial. For a commercial building, office condominium, and industrial build-
ing, an estimate shall be made of the supply demand in gallons per minute (gpm) as determined
from the California Plumbing Code “Appendix A,” latest edition adopted by the City. For indus-
trial buildings, all process water demand, if applicable, shall be added to the supply demand
determined above in “Appendix A” to determine the peak supply demand. The estimated peak
supply demand shall be compared to the maximum rated capacity of each meter size. The
capacity of the selected meter size shall be capable of conveying the peak supply demand
calculated in gpm for the building. (Ord. 47 § IV.9, 2019; Ord. 45 § IV.9, 2009)
2.12.080 Maximum water meter size.
No water meter larger than a two-inch meter shall be installed on any lot, or to provide water or
recycled water to any customer, except upon approval and consent of the Executive Manager or
designee. (Ord. 47 § IV.11, 2019; Ord. 45 § IV.11, 2009)
2.12.090 Irrigation water meters.
A. A meter and service connection used for landscape irrigation exclusively shall be installed in
accordance with District standard specifications and drawings in effect at the time the connec-
tion is made. The size of the irrigation water meter(s) and service connection(s) shall be deter-
mined by the landscape architect as approved by the District based on the flow demand in
gallons per minute (gpm) for the area to be irrigated. The minimum size meter(s) shall be ca-
pable of supplying the peak irrigation water demand determined.
B. At locations where water is used for irrigation and in addition to account, service, and installa-
tion fees, the connection fees and charges shall be based on the District connection fee and
the Water Authority capacity charges applicable to the meter size. If recycled water is used,
then only the District connection fee shall apply. If a water meter is converted to recycled water
use, the San Diego County Water Authority will refund the capacity charges previously col-
lected for the meter. The customer must prepare and submit the San Diego County Water
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Authority “Capacity Charge Refund Request” form to the District for verification to request the
refund. The refund request must be submitted to the Water Authority within 180 days of con-
nection to the recycled water system. (Ord. 47 § IV.10, 2019; Ord. 45 § IV.10, 2009)
2.12.100 Construction meters.
A. Water or recycled water used for construction shall be metered. Recycled water shall be used
when it is available. A construction meter is obtained by applying for a Water Meter Permit. The
District may connect a construction meter to any fire hydrant, or a service connection if ap-
proved by the District, upon proper application. The cost for a construction meter shall be com-
prised of a deposit fee, installation fee, and consumption charge. The deposit fee will be re-
funded after the meter is returned in good working order, complete with fittings, and all bills
pertaining to the meter are paid. The meter will be installed and removed by authorized District
employees. Any damage caused to the meter by the negligence or carelessness of any person
to whom a meter is loaned must be paid on demand. Water delivered through a construction
meter will be charged at the commercial water rate, including delivery charges. An additional
fee will be charged upon each request to have a construction meter relocated. Construction
meters installed on a potable water supply shall have an approved backflow prevention device.
B. The use of “jumpers” in place of a meter shall not be allowed on a temporary basis to test water
pressure in the plumbing of a new building, residence, or other purpose. (Ord. 47 § IV.12, 2019;
Ord. 45 § IV.12, 2009)
2.12.110 Fire service flow detector meters.
Each fire service for commercial and industrial buildings and, when required by the City’s Fire Mar-
shal, residential buildings shall have a flow detector meter. The purpose of the meter is to monitor
water use through the fire service. The account, service, and meter installation fees apply to detector
meters. A water connection fee does not apply. (Ord. 47 § IV.13, 2019; Ord. 45 § IV.13, 2009)
2.12.120 Repairs by the District.
All water and recycled water meters are the property of the District and the District will maintain and
repair them when in its judgment such repairs are needed. (Ord. 47 § IV.15, 2019; Ord. 45 § IV.15,
2009)
2.12.130 Transportation of water across property line.
Water served through a meter shall not be transported through pipes or conduits across lot lines or
property lines. (Ord. 47 § IV.16, 2019; Ord. 45 § IV.16, 2009)
2.12.140 Connection—Liability for damage.
A. Liability for Damage. When any person connecting a water service pipe to the property side of
a meter uses water for testing the pipes, that person must leave the service box in as good
condition as found and shall leave the water shut off if found shut off, and shall in writing notify
the District or City at the time the connection is made. Any damage caused by the negligence
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or carelessness of any person to any part of the meter box or connection must be paid in
accordance with Section 2.04.130 .
B. Liability of Customer for Damages to Meter. After the water or recycled water meter is con-
nected to the service connection, any damage to the meter resulting from an intentional act,
carelessness or negligence of the customer, or anyone employed by the customer, and any
damage which may result from hot water or steam from a boiler, or otherwise, shall be paid in
accordance with Section 2.04.130. (Ord. 47 §§ IV.17, 18, 2019; Ord. 45 §§ IV.17, 18, 2009)
2.12.150 Examination of meter at customer’s request.
A. Examination Request. Any customer may request that the meter through which water or recy-
cled water is being delivered be examined and tested by the District or a representative of the
District for the purpose of determining whether the meter correctly registers the amount of water
delivered through it. Upon receipt of such request, the Executive Manager will cause the meter
to be examined and tested for the purpose of determining whether it is registering correctly the
water or recycled water being delivered through it.
B. Replacement of Defective Meter. The District shall provide a new meter to a customer if (1) an
examination and test reveals that the meter registers one percentage of more or less than the
amount that actually passes through it and (2) the amount that actually passes through the
meter exceeds the tolerances for such meter as established by the American Water Works
Association standards. (Ord. 47 §§ IV.5, 6, 2019; Ord. 45 §§ IV.5, 6, 2009)
2.12.160 Cutting off or interfering with meter.
It is unlawful for any person to interfere with, cut off, or remove a water or recycled water meter from
any service connection where it has been installed without first receiving written permission from
the District. A meter may only be removed by the District or a representative of the District for testing,
replacement, repair or readjustment to the meter or service pipe, or emergency. (Ord. 47 § IV.19,
2019; Ord. 45 § IV.19, 2009)
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Chapter 2.16
CONNECTIONS AND INSTALLATIONS OF SERVICE
Sections: 2.16.010 Shut off valve. 2.16.020 Distance of sewer, gas, or other service pipe from water service. 2.16.030 Repairs to water pipelines, meters, and service connections. 2.16.040 Shutting off water or recycled water for repairs. 2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus. 2.16.060 Right-of-way application for service—Form. 2.16.070 Connection to water pipelines upon compliance. 2.16.080 Multiple service connections and meters and multi-ownership building. 2.16.090 Discontinuance of service upon written notice. 2.16.100 Turning on of water or recycled water. 2.16.110 Temporary use of water for construction—Water meter permit. 2.16.120 Supplying to other than occupant of premises. 2.16.130 Customer to accept service conditions.
2.16.010 Shut off valve.
A. For District. An angle meter stop valve shall be installed on the immediate upstream side of the
meter which shall be paid for by the customer per the fee established by the Board. The angle
meter stop valve shall be the property of the District and the District shall have exclusive use
and control of the angle meter stop valve.
B. For Customer. Water customers shall be provided with a ball valve to be installed on the im-
mediate downstream side of the meter for the customer’s own protection. The ball valve de-
scribed in this subsection shall be installed at the customer’s own expense and must be acces-
sible to District employees. (Ord. 47 §§ V.1, 2, 2019; Ord. 45 §§ V.1, 2, 2009)
2.16.020 Distance of sewer, gas, or other service pipe from water service.
No sewer pipe, gas pipe, electrical conduit, or any other service pipe or storm drain shall be installed
or maintained nearer than 10 feet parallel to any District water service connection, meter, or water
pipeline without obtaining prior approval from the District. Under no circumstance shall a sewer pipe,
gas pipe, electrical conduit, or any other service pipe be installed closer than five feet clear from the
water service connection, meter, or water pipeline. (Ord. 47 § V.3, 2019; Ord. 45 § V.3, 2009)
2.16.030 Repairs to water pipelines, meters, and service connections.
The District shall, at its own expense, make all repairs necessary to water pipelines, service con-
nections, and meters. The District shall make no repair or do any work whatsoever on the service
connection beyond the meter. Any repair, including parts and labor, made necessary by any acts of
negligence or carelessness of the customer, or other persons, shall be charged to and collected
from the customer, or the person responsible for such work beyond the meter. (Ord. 47 § V.4, 2019;
Ord. 45 § V.4, 2009)
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2.16.040 Shutting off water or recycled water for repairs.
The District reserves the right to shut off the water or recycled water supply to any premises at any
time without notice for the purpose of making repairs, extensions or other necessary purposes, or
for any violation of this title. (Ord. 47 § V.5, 2019; Ord. 45 § V.5, 2009)
2.16.050 Steam boilers, hydraulic elevators, power pumps, and similar apparatus.
It is unlawful for any person to draw water from any pipeline or service connection of the District
directly into any stationary steam boiler, hydraulic elevator, power pump, or similar apparatus. If a
customer desires water from the District to be used in any stationary steam boiler, hydraulic elevator,
power pump, or similar apparatus, the customer must first apply in writing to the District for permis-
sion. If granted by the Executive Manager or designee, the customer must provide a tank or reservoir
of the capacity as required by any Code adopted by the City or District standards. No tank or reser-
voir shall be installed or used unless and until the plans and specifications have been examined and
approved in writing by the Public Works Director or designee. (Ord. 47 § V.6, 2019; Ord. 45 § V.6,
2009)
2.16.060 Right-of-way application for service—Form.
Before any water will be supplied by the District to any person which requires a connection from the
District water pipeline to any real property, the owner or occupant of the property shall make a written
application for service and service connection and a right-of-way permit to the City’s Engineering
Department. (Ord. 47 § V.7, 2019; Ord. 45 § V.7, 2009)
2.16.070 Connection to water pipelines upon compliance.
Upon the applicant for water service having complied with all requirements for written application for
service and right-of-way permit, the District will authorize the installation of the water service from
the pipeline to the property described in the written application and the City will issue the right-of-
way permit, subject to the provisions of this title and the rules and regulations of the Board. (Ord. 47
§ V.8, 2019; Ord. 45 § V.8, 2009)
2.16.080 Multiple service connections and meters and multi-ownership building.
A. No water shall be served to two or more parcels of property separately owned through a com-
mon service connection and meter.
B. When more than one building is placed on the same parcel of property, then each building shall
have at least one service connection and meter.
C. When a multi-ownership residential, commercial, or industrial building is placed on the same
parcel of property and each is conducting a separately established residence or business, a
separate service connection and meter shall be installed for each ownership unit in the building.
The cost of such service connection and meter installation shall be paid by the owner or party
receiving water service. For good cause shown, the Public Works Director may allow a single
service connection and meter to a multi-ownership building to provide service to more than one
residential, or commercial/office condominium on a case-by-case basis. However, the size of
the service connection and meter shall be determined based on the combined fixture units of
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all residential or commercial/office condominiums served by the meter. In cases where the
Public Works Director allows a single service connection and meter to a multi-ownership build-
ing, there shall be recorded a deed restriction or other such document as approved by the
Public Works Director and General Counsel. The recorded deed restriction shall inform future
unit owners that each and every residential or commercial/office unit in the building on the
property is served by a single service connection and meter. The recorded deed restriction
shall also state that if the water bill is not paid by the party or entity responsible for paying the
monthly water service charges to the District for the respective building, the District may, at its
discretion, shut off the water service to such multi-ownership building in accordance with Dis-
trict rules and regulations. In addition, a multi-ownership building with a single service connec-
tion and meter shall install a private sub-meter for each separately established residence or
business. (Ord. 47 § V.9, 2019; Ord. 45 § V.9, 2009)
2.16.090 Discontinuance of service upon written notice.
Service will be discontinued and water service shut off by the District within 48 hours of receiving a
written request to discontinue water service from the property owner or customer of record. (Ord. 47
§ V.10, 2019; Ord. 45 § V.10, 2009)
2.16.100 Turning on of water or recycled water.
It is unlawful for any person to turn on the water or recycled water after the same has been turned
off by District or City. (Ord. 47 § V.11, 2019; Ord. 45 § V.11, 2009)
2.16.110 Temporary use of water for construction—Water meter permit.
A. Any person or contractor who wishes to use water in construction work where connections
must be made, other than through an existing meter, shall file a written application for a Water
Meter Permit with the City’s Engineering Department. No person or contractor may connect to
any water pipeline, fire hydrant, or otherwise use water from these sources without a written
permit issued for such use. Before issuing such permit, the applicant for such connection shall
deposit an amount sufficient to cover the cost of the temporary construction meter.
B. If the deposit is later determined to be insufficient to cover the actual cost to replace the meter,
the applicant must pay any outstanding balance upon the applicant’s return of the meter to the
District.
(Ord. 47 § V.12, 2019; Ord. 45 § V.12, 2009)
2.16.120 Supplying to other than occupant of premises.
It is unlawful for any person to supply water to any other person other than the occupants of the
premises of the customer without written approval of the Public Works Director. (Ord. 47 § V.13,
2019; Ord. 45 § V.13, 2009)
2.16.130 Customer to accept service conditions.
All applicants for water service must accept the conditions of pressure and service as are provided
by the distribution system at the location of the water service connection and shall hold the District
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or City harmless from all damage arising from low pressure or high pressure conditions or interrup-
tions of service. (Ord. 47 § V.14, 2019; Ord. 45 § V.14, 2009)
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Chapter 2.20
EXTENSION OF PIPELINES AND OTHER FACILITIES
Sections: 2.20.010 Excess capacity. 2.20.020 Application. 2.20.030 Pipeline size. 2.20.040 Determination of adequacy of size and necessity by Executive Manager—Contract between applicant and District —Reimbursement for additional cost. 2.20.050 Determination of materials and additional cost of facilities. 2.20.060 Payment of proportionate cost prior to connection. 2.20.070 Reimbursement agreement. 2.20.080 Improvements constructed under the Improvement Act of 1911—District’s participation. 2.20.090 Payments—Time limit for recovery. 2.20.100 Water or recycled pipeline extensions.
2.20.010 Excess capacity.
As used in this chapter, excess capacity means only that capacity resulting from the construction of
pipelines or other facilities larger than those required by District standards to serve the water or
recycled water demands of a property use or development. (Ord. 47 § VI.1, 2019; Ord. 45 § VI.1,
2009)
2.20.020 Application.
A. Generally. Any person may apply to the Executive Manager or designee for the construction of
pipelines or other facilities in the public right-of-way or in utility easements upon private prop-
erty. However, nothing in this section shall be construed to modify any provision of subsection
B, which requires the subdivider to make and pay for certain improvements within a subdivision.
B. Contents. Applicants that will extend a water or recycled water pipeline or construct excess
capacity shall execute a reimbursement agreement with the District. Such reimbursement
agreement must, among other things, set forth:
1. a statement describing the facility that the applicant proposes to construct or have con-
structed;
2. a map that accurately depicts the proposed location, route, and size of such facility;
3. the estimated cost of construction of such facility;
4. bidding and contracting requirements;
5. a payment schedule;
6. auditing procedures;
7. complete specifications regarding the materials and sizes or capacities of facilities which
the applicant desires to construct or have constructed; and
8. all additional information requested by the Executive Manager.
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No water or recycled water facility shall be constructed if the applicant does not comply with
the standard plans and specifications of the District. (Ord. 47 §§ VI.2, 3, 2019; Ord. 45 §§ VI.2,
3, 2009)
2.20.030 Pipeline size.
A. All pipeline extensions will be constructed in sizes best suited to the requirements and full
development of the District water or recycled water system as determined by the General Man-
ager. In no event will a water pipeline be less than 8 inches in diameter or a recycled water
pipeline be less than 6 inches in diameter.
B. No property shall be connected to a District water or recycled water pipeline which is of inade-
quate size to meet the requirements and full development of the District water or recycled water
system as determined by the General Manager. (Ord. 47 § VI.4, 2019; Ord. 45 § VI.4, 2009)
2.20.040 Determination of adequacy of size and necessity by General Manager—Contract
between applicant and District—Reimbursement for additional cost.
The General Manager shall determine if the size of an existing or proposed pipeline or other facility
is adequate to serve the water or recycled water demands of the intended property use or develop-
ment. Further, the General Manager shall determine if there is other property within the District not
being served and which could be served by an existing or proposed water or recycled water pipeline
or facility, and the requirements for full development of the District’s water or recycled water system.
If the General Manager finds it necessary that a water or recycled water pipeline or facility should
be constructed with excess capacity so that other property in the District may be supplied with water
or recycled water, then the Executive Manager shall recommend to the Board that a reimbursement
agreement be entered into between the applicant and the District providing for the construction of
the water or recycled water pipeline or facility with excess capacity and establishing a reimburse-
ment procedure and schedule for the additional costs to be incurred for the excess capacity. (Ord.
47 § VI.5, 2019; Ord. 45 § VI.5, 2009)
2.20.050 Determination of materials and additional cost of facilities.
The materials for water pipelines and other facilities shall be determined by the General Manager,
who shall give due regard to the potential development in the territory that can reasonably be served
by District facilities. The General Manager shall approve the costs for construction of pipeline ex-
tensions and/or excess capacity as provided in this chapter, if any, over and above the cost of a
standard size pipeline or other facility sufficient to serve the applicant’s proposed use or develop-
ment. (Ord. 47 § VI.6, 2019; Ord. 45 § VI.6, 2009)
2.20.060 Payment of proportionate cost prior to connection.
The District shall only accept, process, or approve applications for water or recycled water pipelines
or facilities once the applicant has paid its proportionate share of the cost to the District according
to the terms, schedules, and conditions set forth in this chapter.
The District shall not accept, process, or approve an application for a connection to a water or recy-
cled water pipeline if:
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1. The pipeline or other facility has been installed in any manner other than by public improve-
ment proceedings for which an assessment has been levied or a connection fee established
by the Board, and
2. Neither the applicant, nor the applicant’s predecessor in interest, has paid the proportionate
share of the cost of the water or recycled water pipeline or facility for the property served.
(Ord. 47 § VI.7, 2019; Ord. 45 § VI.7, 2009)
2.20.070 Reimbursement agreement.
A. Cost Determination for Reimbursement Agreement. In determining pipeline extension and/or
excess capacity costs for a reimbursement agreement, the costs considered shall include the
actual construction cost and necessary right-of-way or easement acquisition, environmental
and engineering services, construction management, inspection, and directly related incidental
costs. The Executive Manager or designee shall make the final determination of the pro rata
cost share of the pipeline extension and/or excess capacity. In all cases, the minimum pipe
size for a distribution system pipeline shall be 8 inches or the diameter required to deliver the
water or recycled water demands for the proposed use or development in accordance with
District standards, whichever is greater. The cost of excess capacity shall be determined as
the difference in cost between the minimum pipe size or facility cost required to serve the pro-
posed use or development and the recommended size to meet District system requirements.
B. Easements to be Provided—Title Insurance Policy. If a reimbursement agreement is entered
into between applicant and the District, applicant shall grant easements to the District in the
event the water or recycled water pipeline or facilities lie outside of District property or ease-
ments or public right-of-way, and shall provide a Title Insurance Policy showing that grantor
has the valid title to grant such an easement. Such easement shall be subject to the approval
of the General Counsel for the District for legal adequacy and shall be subject to the approval
of the Public Works Director and Executive Manager in all other respects.
C. Construction Costs to be Deposited. If applicant desires that the water or recycled water pipe-
line extension and/or excess capacity and related facilities be constructed by the District, and
the Executive Manager recommends that the District construct such facilities, the applicant
shall deposit with the District the sum of money the Executive Manager determines necessary
to construct such improvements identified in the reimbursement agreement.
D. Source of Reimbursement. The District shall reimburse the applicant only from either the water
or recycled water connection fee fund or the water or recycled water replacement fund, subject
to availability of funds, and the District’s responsibility shall be no greater than as set forth in
this title.
E. Authority and Period for Reimbursement of Improvement. The Executive Manager is empow-
ered to prepare a reimbursement agreement to be entered into by the District and the applicant
who constructs water or recycled water pipeline extensions or excess capacity. Such agree-
ment shall provide that the District will reimburse the additional costs for water or recycled water
pipeline extensions or excess capacity. The agreement shall be limited to a seven-year period
from and after the date of signing or five years after the pipeline or facility has been accepted
by the District. Any right to reimbursement shall expire in accordance with the time specified in
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the reimbursement agreement. Payment shall only be made to the applicant, or designee, at
the address filed with the District by the applicant for that purpose. No interest shall accrue to
applicant pursuant to this section, or under any contract entered into pursuant to this section.
The District shall not be liable to the subdivider for such moneys if the collection of the charge
is prevented by judgment or order of court, or if such moneys are not collected due to inadvert-
ence or neglect of the officers or employees of the District or City of Carlsbad. In no event shall
the District be liable or in any way responsible for failure to collect such connecting fees, or for
failure to pay any money to applicant. (Ord. 47 §§ VI.8—10, 13, 2019; Ord. 45 §§ VI.8—10, 13,
2009)
2.20.080 Improvements constructed under the Improvement Act of 1911—District’s
participation.
If any of the improvements qualify for reimbursement under this chapter and are constructed through
a 1911 Act of Improvement District as defined in the Improvement Act of 1911, Division 7 of the
California Streets and Highways Code, the District will pay the owner or owners of the assessed
property the sums it would otherwise pay to an individual applicant under the terms of this chapter.
The payments will be made at the times mentioned in this chapter to the property owner or owners
at the time the payment is made. (Ord. 47 § VI.11, 2019; Ord. 45 § VI.11, 2009)
2.20.090 Payments—Time limit for recovery.
Any funds mailed to the applicant or other party to the reimbursement agreement which are returned,
or where the check, voucher, or other payment remains uncashed after expiration of the applicable
retention period, shall revert to the District’s water or recycled water connection fee fund or water or
recycled water replacement fee fund as appropriate, and shall not be recoverable by the payee.
(Ord. 47 § VI.12, 2019; Ord. 45 § VI.12, 2009)
2.20.100 Water or recycled pipeline extensions.
A. Within Subdivisions.
1. Subdividers shall install water or recycled water pipelines to all property within the subdi-
vision. When the water or recycled water pipelines are constructed by the subdivider, then
no reimbursement agreement shall be available to the subdivider for any portion of the
water or recycled water pipeline constructed within the limits of the subdivision or in streets
that are immediately adjacent to the external limits of the subdivision with the following
exception:
When a subdivider is required to install a water or recycled water pipeline extension in
excess of their requirements for continuity and full development of the District water sys-
tem, as determined by the General Manager, then the District will pay the additional costs
required to construct the water or recycled water pipeline in excess of 8 inches in diameter
or in excess of the diameter required to serve the subdivision, whichever is larger.
2. Subdividers shall extend to the external limits of the subdivision all water and recycled
water pipelines placed in and about the subdivision. The subdivider may enter into a
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reimbursement agreement with the District for off-site portions of water or recycled water
pipeline extensions they must install for the subdivision.
B. For Length of Property Frontage. An applicant, subdivider, or individual developer shall cause
the construction of water or recycled water pipeline to the external limits of the property line
along the entire property frontage abutting upon the water or recycled water pipeline. However,
for a large undeveloped frontage, the water or recycled water pipeline shall extend for a mini-
mum length of 75 feet along the frontage if all the following conditions apply:
1. That the portion of the property being connected to the water or recycled water pipeline
will totally contain the parcel or parcels served by the pipeline, together with sufficient side
yard setbacks as required by applicable zoning law; and
2. That sufficient area remains in the unconnected portion of the property in which to con-
struct one or more living units in accordance with the applicable zoning laws. (Ord. 47 §§
VI.14, 15, 2019; Ord. 45 §§ VI.14, 15, 2009)
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Chapter 2.24
ENGINEERING SERVICES FEES
Sections: 2.24.010 Established by resolution. 2.24.020 Adjustment of fees by resolution. 2.24.030 When paid.
2.24.010 Established by resolution.
The engineering service fees shall be established by resolution of the Board. The purpose of the
engineering services fees is to defray the costs associated with the District’s review and approval of
studies, maps, plans, specifications, and easements and quitclaims in connection with the City’s
development review process and inspection of potable water and recycled water facilities including,
but not limited to, the installation or relocation of pipelines, service connections, service lines, and
meters.
A. Policy. The District Engineer shall review plans and other required documents for potable and
recycled water facilities to be abandoned, replaced, or constructed and added to the systems
of the District at a charge of the estimated cost of providing those services.
B. Fees. The fees shall be fixed and established by resolution of the Board.
C. Private On-Site Irrigation System. The plans for the private, on-site, irrigation system for a pro-
posed development shall be reviewed by the City’s Planning Department and the District En-
gineer. A plan check fee shall be paid by the applicant to cover the City’s cost to review and
approve the irrigation system plans. The County of San Diego Department of Environmental
Health and Quality will also review all private on-site irrigation plans where recycled water is
proposed to be used for irrigation. A separate plan check fee shall be submitted to the County
of San Diego, together with the landscape and irrigation plans and the City’s application form.
(Ord. 47 § VII.1, 2019; Ord. 45 § VII.1, 2009)
2.24.020 Adjustment of fees by resolution.
The City’s Finance Department, on behalf of the District, shall periodically review the fees charged
for engineering services to ensure that the fixed fees do not exceed the estimated costs of providing
the services, and are fair and appropriate. Adjustments to the fixed fees may be made at any time
by resolution, but shall be adjusted annually by a ratio using the Engineering News Record Con-
struction Cost Index for Los Angeles. (Ord. 47 § VII.2, 2019; Ord. 45 § VII.2, 2009)
2.24.030 When paid.
A. All fees to review improvement plans, easements, quitclaims, or other documents required dur-
ing the development review process are paid upon initial submittal to the City based on the cost
estimate (valuation) submitted with the initial submittal. Near the end of the plan check process
and prior to the plan approval, the applicant must pay any balance of plan check fees or receive
a refund for excess fees paid.
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B. Prior to issuance of a right-of-way permit to construct the improvements, the applicant shall pay
inspection fees that cover the inspection of District improvements. (Ord. 47 § VII.3, 2019; Ord.
45 § VII.3, 2009)
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Chapter 2.28
FIRE HYDRANTS
Sections: 2.28.010 Use of fire hydrants—Generally. 2.28.020 Regulation of water supply from a fire hydrant. 2.28.030 Replacing cap after use. 2.28.040 Use of fire pipeline for other than fire purposes. 2.28.050 Private fire lines, etc.—Service connections.
2.28.010 Use of fire hydrants—Generally.
Fire hydrants are provided for the purpose of providing connections for the extinguishing of fires and
shall be opened and used only by the District and the City’s Fire Department or such persons as
shall be authorized to do so by the Executive Manager. (Ord. 47 § VIII.1, 2019; Ord. 45 § VIII.1,
2009)
2.28.020 Regulation of water supply from a fire hydrant.
Persons wishing to take a supply of water from a fire hydrant must make application to the City’s
Engineering Department for such service by applying for a Water Meter Permit to obtain a construc-
tion meter. The District will make the necessary connections and install a meter of the required size
upon payment of a deposit fee and an installation fee in effect at the time of issuance of the Water
Meter Permit. (Ord. 47 § VIII.2, 2019; Ord. 45 § VIII.2, 2009)
2.28.030 Replacing cap after use.
Every person authorized to open a fire hydrant shall replace the cap on the outlet when the same is
not in use and leave the hydrant in as good condition as when found, and such person shall report
to the District or the Fire Chief of the City any leaks or breaks or damage to the fire hydrant imme-
diately upon discovery. (Ord. 47 § VIII.3, 2019; Ord. 45 § VIII.3, 2009)
2.28.040 Use of fire pipeline for other than fire purposes.
No fire pipeline shall be used for any purpose other than for the extinguishment of fire, unless the
same is equipped with a construction meter, in which event there shall be a charge for the water
used, together with the cost of the construction meter. (Ord. 47 § VIII.4, 2019; Ord. 45 § VIII.4, 2009)
2.28.050 Private fire lines, etc.—Service connections.
Where a privately-owned fire line is used for fire purposes only and is connected to an automatic
fire extinguishing system or other standard fire hydrant, the owner shall pay for all service connec-
tions from the District water pipeline to the backflow prevention assembly. (Ord. 47 § VIII.5, 2019;
Ord. 45 § VIII.5, 2009)
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Chapter 2.32
CROSS-CONNECTION CONTROL PROGRAM
Sections: 2.32.010 Purpose of provisions. 2.32.020 Adopted by reference. 2.32.030 Backflow prevention assembly removal. 2.32.040 Site supervisor. 2.32.050 Water system survey. 2.32.060 Customer notification. 2.32.070 Retrofitting fire protection systems with backflow prevention assemblies. 2.32.080 Water service termination. 2.32.090 Requirements for backflow prevention assembly testers. 2.32.100 Recycled water use. 2.32.110 Fees. 2.32.120 Violations. 2.32.130 Severability.
2.32.010 Purpose of provisions.
The purpose of this chapter is to:
A. Protect the public water supply against actual or potential contamination through cross con-
nections by containing within the customer’s system, sources of contamination that may occur
within a customer’s premises because of some undiscovered or unauthorized cross-connection
on the premises;
B. To provide for the maintenance of a continuing program of cross-connection control which will
systematically and effectively prevent the contamination or pollution of the District’s water and
recycled water systems. (Ord. 47 § IX.1, 2019; Ord. 45 § IX.1, 2009)
2.32.020 Adopted by reference.
A. Article I of Group 4 of subchapter 1 of Chapter 5 of Title 17 of the California Administrative
Code entitled “Drinking Water Supplies” (17 CAC Section 7583 et seq.) relating to the imple-
mentation of the cross-connection control program and provisions for backflow protection, test-
ing and maintenance of records of locations, tests and repairs of backflow prevention devices
and its successor regulations within the code are adopted by reference and supplemented and
implemented by this chapter.
B. Backflow testing requirements and passing test criteria shall be determined in accordance with
the most recent requirements and/or recommendations of the California Department of Public
Health’s approved laboratory.
C. The California Regional Water Quality Control Board, San Diego Region, issues Orders that
regulate recycled water use site conditions and inspection requirements within the District. All
requirements of the current Order shall be deemed part of this chapter. (Ord. 47 § IX.2, 2019;
Ord. 45 § IX.2, 2009)
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2.32.030 Backflow prevention assembly removal.
Approval must be obtained from the District before a backflow prevention assembly is removed or
relocated.
A. The use of an assembly may be discontinued and the assembly removed from service upon
presentation of sufficient evidence to the District to verify that a hazard no longer exists or is
not likely to be created in the future. The District shall make the determination of whether a
hazard exists or may exist in the future.
B. An assembly may be relocated following confirmation by the District that the relocation will
continue to provide the required protection and satisfy installation requirements. A retest, per-
formed at the customer’s expense, will be required following relocation of the assembly.
C. An assembly may be removed for repair, provided the water use is either discontinued until the
repair is completed and the assembly is returned to service, or the service connection is
equipped with other backflow protection approved by the District. A retest, at the customer’s
expense, will be required following the repair of the assembly.
D. An assembly may be removed and replaced provided the water use is discontinued until the
replacement assembly is installed and retested at the customer’s cost. All replacement assem-
blies must be approved by the District. (Ord. 47 § IX.3, 2019; Ord. 45 § IX.3, 2009)
2.32.040 Site supervisor.
A. At each premise where recycled water is used or where it is necessary in the opinion of the
District, a site supervisor shall be designated by and at the expense of the customer. This site
supervisor shall be responsible for complying with applicable rules and regulations relating to
recycled water use, monitoring of backflow prevention assemblies and for avoidance of cross
connections.
B. The site supervisor shall attend District approved training in the use of recycled water. The site
supervisor shall be responsible for monthly tailgate trainings as well as training new employees
prior to their assignment to a recycled water use site. Documentation of these trainings must
be made available during the annual walk-through inspection.
C. In the event of the potential for contamination or pollution of either the public or the customer’s
potable water system due to a cross-connection on the premises, the District shall be immedi-
ately notified by the site supervisor so that appropriate measures may be taken to overcome
the potential contamination or pollution.
D. The customer shall inform the District of the site supervisor’s identity (name, address, and tel-
ephone number) on an annual basis and whenever a change occurs.
E. Failure to comply with site supervisor requirements may result in discontinuance of water ser-
vice. (Ord. 47 § IX.4, 2019; Ord. 45 § IX.4, 2009)
2.32.050 Water system survey.
A. Backflow prevention assemblies will be required per the current edition of the City’s Engineer-
ing Standards. These backflow assemblies shall be tested by a tester who meets the
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requirements for a backflow assembly tester per this chapter upon installation and at the cus-
tomer’s expense. The test must meet passing criteria as stated in Section 2.32.020.
B. The District may require an on-premises inspection to evaluate cross-connection hazards. The
Public Works Director will transmit a written notice requesting an inspection appointment to
each affected customer. Any customer who cannot or will not allow an on-premises inspection
of their piping system shall be required to install the backflow prevention assembly the District
considers necessary.
C. The Public Works Director may, at his or her discretion, require a re-inspection for cross-con-
nection hazards of any premises to which the District serves water. The District will transmit a
written notice requesting an inspection appointment to each affected customer.
D. Any customer who cannot or will not allow an on-premises inspection of the customer’s piping
system must install the backflow prevention assembly the Public Works Director considers
necessary. In addition, the District may use any lawful procedure to enter and inspect any
premises. (Ord. 47 § IX.5, 2019; Ord. 45 § IX.5, 2009)
2.32.060 Customer notification.
A. Assembly Installation.
1. The Public Works Director will notify the customer of the survey findings, listing the cor-
rective actions to be taken if any are required. A period of 30 days will be given to complete
all corrective actions required including the installation of backflow assemblies and pass-
ing test results submitted to the District. Backflow assembly installation standards will be
in accordance with the current edition of the City’s Engineering Standards.
2. A second notice will be sent to each customer who does not take the required corrective
actions prescribed in the first notice within the 30 calendar days allowed. The second
notice will give the customer a 2-week period to take the required corrective action.
3. A third and final notice shall be sent to each customer who does not take the required
corrective actions as prescribed in the first 2 notices. The final notice will give the customer
10 days to take the required action. If the customer fails to complete the corrective action
within the 10-day period, the District shall terminate water service to the affected customer
until the required corrective actions are taken and the customer has paid all applicable
fees associated with water service termination.
B. Testing and Maintenance.
1. The Public Works Director will notify each affected customer in writing 30 days prior to the
due date that the backflow prevention assembly installed on their service connection must
be tested, repaired if necessary and then retested. This written notice will include the form
the customer must complete and resubmit to the District. The customer shall have a cer-
tified tester perform the test and document the results of the testing on the prescribed
form. The customer is responsible for ensuring that the completed form is returned to the
District in the prescribed time frame. Tests that do not meet passing criteria will not be
accepted.
2. A second notice shall be sent to each customer who does not have the backflow preven-
tion assembly tested as prescribed in the first notice within the 30-calendar-day period
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allowed. The second notice will give the customer a 2-week period to have the backflow
prevention assembly tested with passing test criteria.
3. A third and final notice shall be sent to each customer who does not have the backflow
prevention assembly tested as prescribed in the first 2 notices. The final notice will give
the customer 10 days to have the backflow prevention assembly tested with passing cri-
teria. If no action is taken within the 10-day period, the District shall terminate water service
to the affected customer. Water service shall not be reactivated until the customer has
paid all applicable fees associated with water service termination and the District has been
notified by an approved tester that they have been contracted to perform the backflow
assembly test. The District will make an appointment with the tester to restore water ser-
vice so that the test may be performed. Any needed repairs and a passing re-test must be
completed within 5 business days or water service will be discontinued, with all applicable
fees being reapplied. (Ord. 47 §§ IX.6, 8, 2019; Ord. 45 §§ IX.6, 8, 2009)
2.32.070 Retrofitting fire protection systems with backflow prevention assemblies.
A. Upon modification to existing fire protection systems that are not currently protected by either
a reduced pressure principle detector assembly (RPDA) or a double check detector assembly
(DCDA), the District will require the fire service supply line be retrofitted with either a DCDA or
an RPDA when any of the following occurs:
1. Any change in the fire protection water supply that would require an upgraded increase in
the fire service supply line;
2. Any renovation work to a structure or structures involving changes and/or additions to the
fire sprinkler system, which require an increase in the minimum approved fire flow require-
ments from the underground fire service supply line;
3. When a leak is detected in the underground backflow swing-check valve, requiring re-
placement;
4. Any failure in the post indicator valve system, which would require more work than the
standard maintenance procedures;
5. Anytime a fire service supply line for an existing fire protection system fails, including
maintenance, testing, and seismic failures, and the fire protection system shall be retrofit-
ted with approved backflow prevention assemblies.
B. In all cases of a retrofit, the fire protection system shall be hydraulically calculated to meet the
minimum fire flow demand of the fire sprinkler system. This determination shall be based on
compliance with the National Fire Protections Association’s standard for minimum design and
water flow requirements for sprinkler systems.
C. The District shall determine the degree of hazard to determine whether the fire service must
be retrofitted with a DCDA or an RPDA.
D. Detector assemblies will be installed per the current edition of the City’s Engineering Standards.
(Ord. 47 § IX.7, 2019; Ord. 45 § IX.7, 2009)
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2.32.080 Water service termination.
A. When the District encounters water uses that represent a clear and immediate hazard to the
water supply that cannot be immediately abated, the District shall institute the procedure for
discontinuing the District water service.
B. Conditions or water uses that create a basis for water service termination shall include, but are
not limited to the following items:
1. Refusal to install a required backflow prevention assembly;
2. Refusal to test a backflow prevention assembly;
3. Refusal to repair a faulty backflow prevention assembly;
4. Refusal to replace a faulty backflow prevention assembly;
5. Direct or indirect connection between the public water system and a sewer line;
6. Unprotected direct or indirect connection between the public water system and a system
or equipment containing contaminants;
7. Unprotected direct or indirect connection between the public water system and an auxiliary
water system;
8. A situation which presents an immediate health hazard to the public water system.
C. For conditions 1, 2, 3 or 4, the District will terminate service to a customer’s premises after 3
written notices have been sent specifying the corrective action needed and the time period in
which it must be done. If no action is taken within the allowed time period, water service shall
be terminated. The water service will remain inactive until correction of violations has been
approved by the District and payment received for all applicable fees associated with water
service termination.
D. For conditions 5, 6, 7 or 8, the District will take the following steps:
1. Make reasonable effort to advise customer of intent to terminate water service;
2. Terminate water supply and lock service valve. The water service will remain inactive until
correction of violations has been approved by the District and payment received for all
applicable fees associated with water service termination. (Ord. 47 § IX.9, 2019; Ord. 45
§ IX.9, 2009)
2.32.090 Requirements for backflow prevention assembly testers.
A. Competency in all phases of backflow prevention assembly testing and repair must be demon-
strated by means of education and/or experience to obtain certification.
B. The following are minimum requirements:
1. Applicants shall hold and submit a copy to the District of a valid backflow prevention as-
sembly tester certificate from the American Water Works Association (AWWA) California-
Nevada Section, American Backflow Prevention Association (ABPA), or have equivalent
certification in the opinion of the District and the California Department of Public Health.
2. All backflow testers shall submit to the District current gauge calibration certificates for
test kits to be used within the District service area. Gauges must undergo an annual
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calibration check. The tester shall be responsible for the competency and accuracy of all
tests and reports prepared by him or her.
C. A tester may have his or her testing privileges revoked or suspended by the District for improper
testing, repairs and/or reporting. (Ord. 47 § IX.10, 2019; Ord. 45 § IX.10, 2009)
2.32.100 Recycled water use.
A. The inspection of recycled water use sites will be performed per the requirements of the State
of California Department of Public Health, County of San Diego Department of Environmental
Health, California Regional Water Quality Control Board, San Diego Region, or other regulatory
agency or as determined by the District.
B. The recycled water user shall provide the District with an accurate set of controller charts. Each
chart is to be a reduced drawing of the as-built system. The chart shall use a different color to
show the area of coverage for each station. (Ord. 47 § IX.11, 2019; Ord. 45 § IX.11, 2009)
2.32.110 Fees.
Fees to implement, maintain, administer, and enforce this chapter shall be established by resolution
of the Board. (Ord. 47 § IX.12, 2019; Ord. 45 § IX.12, 2009)
2.32.120 Violations.
It is unlawful for any person to violate any provision or fail to comply with any requirement of this
chapter. Any person violating any of the provisions or failing to comply with any of the provisions of
this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not more than
$1,000.00, or by imprisonment in the County Jail for a period not exceeding 6 months, or by both.
(Ord. 47 § IX.13, 2019; Ord. 45 § IX.13, 2009)
2.32.130 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter or
any part thereof, is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter or any part thereof. The Board declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause, or phrase, thereof, irrespective
of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses,
or phrases be declared invalid. (Ord. 47 § IX.14, 2019; Ord. 45 § IX.14, 2009)
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Chapter 2.36
PROCEDURES FOR WORK IN THEDISTRICT RIGHT-OF-WAY
Sections: 2.36.010 Title. 2.36.020 Definitions. 2.36.030 Public Works Director’s authority and responsibilities. 2.36.040 Permits—Required. 2.36.050 Application for right-of-way permit or encroachment permit. 2.36.060 Permits—Requirements of plans. 2.36.070 Commencement and completion of work. 2.36.080 Requirements for performance of work. 2.36.090 Acceptance of work. 2.36.100 Permit—Denial and revocation. 2.36.110 Appeal procedure. 2.36.120 Encroachment and right-of-way application and permit fees. 2.36.130 Performance deposits. 2.36.140 Placement of materials or obstruction of District right-of-way. 2.36.150 Relocation of structures—Removal of encroachment. 2.36.160 Holding District harmless—Insurance. 2.36.170 District not liable for damage to encroachment or encroachment area. 2.36.180 Exemptions.
2.36.010 Title.
This chapter may be cited as the “Right-of-Way Permit and Encroachment Agreement.” (Ord. 47 §
X.1, 2019; Ord. 45 § X.1, 2009)
2.36.020 Definitions.
The following words shall have the following meanings and set out in this chapter:
“Encroachment” means and includes any tower, pole, pole line, pipeline, fence, billboard, stand or
building, or any structure, or pavement of any kind or character whether it is particularly men-
tioned in this subsection, which is placed in, under, or over any portion of a District facility or
right-of-way.
“Plans” means the document developed and approved by the Public Works Director describing the
nature and extent of works proposed to be constructed or carried out in a District right-of-way.
“Right-of-way” means any District real property easement, District interest in real property, or public
utility easement used by the District.
“Specification” means the Standard Specifications used for public works construction (current edi-
tion including supplements) written and promulgated by the Southern California Chapter of
American Public Works Association and Southern California District Associated General Con-
tractors or California Joint Cooperative Committee and published by Building News Incorpo-
rated or other such specifications noted on approved plans including District standard drawings
and specifications.
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“Standard drawings” means the standard drawings of the District, adopted and revised by the Public
Works Director and most recently adopted San Diego Regional Standard Drawings. (Ord. 47 §
X.2, 2019; Ord. 45 § X.2, 2009)
2.36.030 Public Works Director’s authority and responsibilities.
This chapter shall be administered by the Public Works Director who shall have the responsibility
and authority to:
A. Establish the form and procedures for application for encroachment permits required pursuant
to this title including the certification of completed applications, the approval of plans, the es-
tablishment of files, collection of fees and security deposits;
B. Interpret provisions of this title and advise the public regarding requirements for plans, specifi-
cations, and special provisions for facilities or encroachments subject to the provisions of this
title;
C. Establish the format and content of plans and standards governing work on facilities or en-
croachments pursuant to the provisions of this chapter;
D. Issue permits upon such conditions as determined are reasonable and necessary to protect
the public health, safety, and welfare;
E. Amend any permit issued when determined that such amendment is necessary to provide for
the safe and efficient movement of traffic, or to protect District facilities, persons, or property.
(Ord. 47 § X.3, 2019; Ord. 45 § X.3, 2009)
2.36.040 Permits—Required.
No person shall do any of the following acts without first obtaining a valid right-of-way permit and
encroachment agreement:
A. Make, or cause to be made, an excavation or opening, fill or obstruction in, over, along, across,
or through any District right-of-way for any purpose whatsoever;
B. Construct or repair, or cause to be constructed or repaired, any fence, curb, sidewalk, gutter,
curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter,
wheelchair ramp, structure, planter, wire, pipe, conduit, cable, or vault over, along, across,
overhanging, or through any District facility or right-of-way;
C. Plant any tree, plant, shrub, or flower within any District right-of-way;
D. Construct or modify, or cause to be constructed or modified, any storm drain or conveyor of
drainage of waters and appurtenance items within a District right-of-way, except for drainage
by controlled surface flow;
E. Modify, alter or deface any block wall on or adjacent to a District right-of-way;
F. Enter into or exit from any District right-of-way at any location not approved and constructed as
a driveway. (Ord. 47 § X.4, 2019; Ord. 45 § X.4, 2009)
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2.36.050 Application for right-of-way permit or encroachment permit.
A. Any person proposing to do any of the acts described in Section 2.36.040 of this chapter shall
make an application for a: (1) right-of-way permit, and if required (2) encroachment agreement
to the Public Works Director.
B. The following information shall be included in the application:
1. The location, nature, and extent of work to be performed;
2. The proposed date when such work shall be commenced;
3. The proposed date when the work shall be completed;
4. Such other information as may be required by the Public Works Director.
C. The Public Works Director may require the application to contain an encroachment agreement
if deemed necessary due to the location, size, duration, and/or nature of the encroachment.
The encroachment agreement shall:
1. Require the encroachment to be placed and maintained in a safe and sanitary condition
and without hindering access for maintenance or operation of District facilities;
2. Require removal of the encroachment by the permittee upon reasonable demand by the
Public Works Director;
3. Allow the District to remove the encroachment and place a lien on the property if the per-
mittee does not remove the encroachment in a reasonable time period;
4. Allow for the removal of the encroachment by the District during the performance of any
emergency repairs without liability to the District for damages;
5. Require adequate security of performance of such promise;
6. Require indemnification of the District in accordance with Section 2.36.160;
7. Be in a form acceptable to the General Counsel. (Ord. 47 § X.5, 2019; Ord. 45 § X.5,
2009)
D. The applicant may be required to provide proof of liability insurance in an amount set by the
City’s Risk Manager and may be requested to name the District as an additional insured under
the insurance policy. The insurance shall be provided by a company satisfactory to the City’s
Risk Manager. Any deductible or self-insured retention under the insurance policy shall be in
an amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
2.36.060 Permits—Requirements of plans.
The Public Works Director may require the proposed work to be accompanied by plans if the Public
Works Director determines the proposed work requires the making of plans, setting of stakes, or
both. These plans shall be prepared by a competent engineer licensed by the California Department
of Consumer Affairs. These plans shall be reviewed by the Public Works Director or designee and
the applicant shall pay the necessary fees in accordance with Chapter 2.24. The applicant shall bear
all costs to prepare and process said plans. (Ord. 47 § X.6, 2019; Ord. 45 § X.6, 2009)
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2.36.070 Commencement and completion of work.
Every permittee shall commence work as stipulated in the permit application and diligently pursue
the work to completion without interruption within the time period specified in the permit. A permit
issued under this chapter may be limited to a period of time as specified in the permit. (Ord. 47 §
X.7, 2019; Ord. 45 § X.7, 2009)
2.36.080 Requirements for performance of work.
A. The permittee shall perform the work in a timely manner, in accordance with applicable plans,
specifications and District standards to the satisfaction of the Public Works Director.
B. No person shall cause any improvement or appurtenant work to be performed on any District
right-of-way by any person other than a licensed contractor or a public utility.
C. All work shall be inspected by the District representative as follows:
1. No person shall prevent or obstruct the District representative in making any inspection
authorized by this title or in taking any sample or in conducting any test.
2. Inspection requests must be made with 24-hour notice to the District.
3. All work not in conformance with approved plans and specifications is subject to rejection
by the District.
4. Request for final inspection shall be made in writing.
D. As the work progresses, the District right-of-way shall be thoroughly cleaned of all rubbish,
excess earth, rock and other debris resulting from such work. All construction and maintenance
work shall be done in a manner designed to leave the area clean of earth and debris and in a
condition as nearly as possible to that which existed before such work began. All cleanup op-
erations at the location of such work shall be accomplished at the expense of the permittee.
Upon failure of the permittee to clean the area, the District may proceed with cleanup and
removal of the material or obstruction in accordance with procedures identified in Section
2.36.140 of this chapter. (Ord. 47 § X.8, 2019; Ord. 45 § X.8, 2009)
2.36.090 Acceptance of work.
The Executive Manager or designee will issue a certificate of acceptance if the work has been com-
pleted according to the requirements of this chapter and the permit. This determination may be
reached by performing a survey, or by inspection, or by both methods. The certificate of acceptance
will contain a statement of the location, nature, and extent of the work performed under the permit.
(Ord. 47 § X.9, 2019; Ord. 45 § X.9, 2009)
2.36.100 Permit—Denial and revocation.
A. The District may deny the issuance of a right-of-way permit to any person who refuses or fails
to comply with the provisions of this chapter, who is indebted to the District for past permit
violations, or who, in the judgment of the Public Works Director, has repeatedly violated permit
procedures or failed to comply with conditions requiring protection of the public health and
safety.
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B. The Public Works Director may deny the issuance of a right-of-way permit to any person who
refuses to execute an encroachment agreement as required by Section 2.36.050.
C. Any permittee found in violation of the conditions of the permittee’s permit or the provisions of
this chapter shall be given a written notice to comply, explaining the violation and corrective
actions required. Upon receipt of the notice to comply, the permittee shall take action to correct
the condition of violation within the period provided in the notice. If, within that period, appro-
priate measures have not been implemented, the District may revoke the permit, pursue en-
forcement remedies under Carlsbad Municipal Code Chapters 1.08 and 1.10, and take any
measures required to secure the work site or return the work site to its original condition. The
District may charge the permittee for all costs of such corrective work.
D. A revoked permit may be reinstated if the permittee demonstrates, to the satisfaction of the
Public Works Director, that work will be continued in conformance with the permit and the pro-
visions of this chapter.
E. The Public Works Director shall require, as a condition of the permit, payment of all charges
incurred by the District as a result of permit revocation including any penalties for violation of
the provisions of this chapter as provided in Section 1.20.010. (Ord. 47 § X.10, 2019; Ord. 45
§ X.10, 2009)
2.36.110 Appeal procedure.
A. Any person aggrieved by any decision of the Public Works Director with respect to the issu-
ance, revocation, or refusal to issue a right-of-way or encroachment permit may appeal to the
Board by filing a notice of appeal with the Secretary of the Board within 10 calendar days after
the date of mailing of the decision of the Public Works Director. Appeals shall be in writing and
shall state the basis for the appeal. Fees for filing an appeal shall be in an amount established
by resolution of the Board. The decision of the Board shall be final.
B. Upon filing a written appeal, the Secretary shall fix a time and place for hearing such appeal.
The Secretary shall give notice to the appellant and applicant/permittee of the time and place
of hearing by serving the notice personally or by depositing it in the United States Post Office
postage prepaid, addressed to such persons at their last known address unless otherwise re-
quested in the notice of appeal.
C. The Board shall have the authority to determine all questions raised on such appeal. (Ord. 47
§ X.11, 2019; Ord. 45 § X.11, 2009)
2.36.120 Encroachment and right-of-way application and permit fees.
Encroachment application and right-of-way permit fees shall be charged by the District for the pro-
cessing of an encroachment application and the issuance of a right-of-way permit. The fees shall be
established by resolution of the Board for the purpose of defraying the cost of processing an appli-
cation, issuing the requested permit, inspection of works completed under the permit, and other
costs of administrating this title. The fees shall be paid at the time of application. (Ord. 47 § X.12,
2019; Ord. 45 § X.12, 2009)
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2.36.130 Performance deposits.
A. As a condition of issuance of a right-of-way permit, the Public Works Director may require
posting of a cash deposit or an equivalent security in a form acceptable to the General Counsel.
The applicant shall post a security for 100% of the bond amount for performance and 50% of
the bond amount for labor and materials, totaling 150% of the bond amount. The cash deposit
may be used at the discretion of the Public Works Director to provide for restoration of District
facilities or removal from the right-of-way of work, materials or equipment when permittee or
the permittee’s agent fails to act in a timely manner to provide for the public health, safety, or
welfare. The deposit shall otherwise be for the purpose of guaranteeing performance of work
contemplated under the permit.
B. The amount of the deposit shall be established by the Public Works Director.
C. Upon completion and acceptance of work under permit, any funds unused shall be refunded to
the applicant and any other bonds or security instruments shall be released.
D. If, in the opinion of the Public Works Director, any deposit or security is not sufficient for the
protection of the public interest in the public places, the Public Works Director may require an
additional deposit or an increase in the security in such amount as he or she determines nec-
essary. The permittee shall, upon demand, deposit the additional cash or security.
E. Upon failure or refusal to pay, the Public Works Director may revoke the permit and/or recover
the deficiency by appropriate action in any court of competent jurisdiction, and until such defi-
ciency is paid in full, no other permit shall be issued to such permittee. (Ord. 47 § X.13, 2019;
Ord. 45 § X.13, 2009)
2.36.140 Placement of materials or obstruction of District right-of-way.
A. No person shall place or maintain any material or any obstruction or impediment to travel in or
upon any District right-of-way or access to any District facility without a permit to do so.
B. Persons violating provisions of Sections 2.36.080(D), 2.36.140(A), or 2.36.150(A) shall be is-
sued a notice of removal and given a specified time to remove such material, obstruction or
impediment. Any failure to comply with the notice is unlawful and a public nuisance endanger-
ing the health, safety, and general welfare of the public. In addition to any other remedy pro-
vided by law for the abatement of such public nuisance, the Public Works Director may, after
giving notice, cause the work necessary to accomplish the removal. The costs of removal may
be assessed against the owner or owners of the project creating the obstruction.
C. Notice of removal shall be in writing and mailed to all persons whose names appear on the last
equalized assessment roll as owners of real property creating the obstruction at the address
shown on the assessment roll. Notice shall also be sent to any person known to the Public
Works Director to be responsible for the nuisance. The Public Works Director shall also cause
at least one copy of such notice to be posted in a conspicuous place on the premises. No
assessment shall be held invalid for failure to post or mail or correctly address any notice. The
notice shall particularly specify the work required to be done and shall state that if the work is
not commenced within 24 hours after receipt of such notice and diligently prosecuted (without
interruption) to completion, the District shall cause such work to be done, in which case the
cost and expense of such work, including incidental expenses incurred by the District, will be
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assessed against the property or against each separate lot and become a lien upon such prop-
erty.
D. If upon the expiration of the 24-hour period provided for in subsection C of this section, the
work has not commenced or is not being performed with diligence, the Public Works Director
shall proceed to do such work or cause such work to be done. However, the District may pro-
ceed to remove the encroachment immediately and without notice to the owner if removal of
the encroachment is necessary to make emergency repairs to District facilities.
E. Upon completion of such work, the Public Works Director shall file written report with the Board
setting forth the fact that the work has been completed and the cost of the work, together with
a legal description of the property against which cost is to be assessed. The Board shall there-
upon fix a time and place for hearing protest against the assessment of the cost of such work.
The Public Works Director or the Secretary of the Board, if so directed by the Board, shall
thereafter give notice in writing to the owners of the project in the manner provided in subsec-
tion C of the hour and place that the Board will pass upon the Public Works Director’s report
and will hear protests against the assessments. Such notice shall also set forth the amount of
the proposed assessment.
F. Upon the date and hour set for the hearing of protests, the Board shall hear and consider the
Public Works Director’s report and all protests, if there are any, and then proceed to confirm,
modify, or reject the assessments.
G. A list of assessments as confirmed by the Board shall be sent to the City’s Finance Department
for collection. If any assessment is not paid within 10 days after its confirmation by the Board,
the Secretary shall cause to be filed in the office of the County Recorder a notice of lien, sub-
stantially in the following form:
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District Code, the Carlsbad Municipal Water District did
cause maintenance and repair work to be done on the _____ day of _______, 20__, in the
District right-of-way for the purpose of abating a public nuisance caused by activities related to
construction at the property described below. The Board of Directors of the Carlsbad Municipal
Water District, by Resolution No. ___ dated the _____ day of _______ 20__, did assess the
cost or portion of the cost of the work upon the real property described below, and the same
has not been paid in whole or part, and the Carlsbad Municipal Water District claims a lien
upon said real properly until the same sum with interest at the maximum rate allowed by law
from the date of the recordation of this instrument has been paid in full and discharged of rec-
ord. The real property upon which a lien is claimed is that certain parcel of land in the City of
Carlsbad, County of San Diego, State of California, particularly described as follows:
(Description of property)
_____________________________________________
Dated this ___ day of _______, 20__
_____________________________________________
Secretary of the Board, Carlsbad Municipal Water District
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H. From and after the date of recordation of such notice of lien, the amount of the unpaid assess-
ment shall be a lien on the property against which the assessment is made, and such assess-
ment shall bear interest at the maximum rate allowed by law until paid in full. The lien shall
continue until the amount of the assessment and all interest on the assessment has been paid.
The lien shall be subordinate to tax liens and all fixed special assessment items previously
imposed upon the same property, but shall have priority over all contractual liens and all fixed
special assessment liens, which may subsequently be created against the property, to the
maximum extent permissible by law. From and after the date of recordation of such notice of
lien, all persons shall be deemed to have notice of the contents of the lien. (Ord. 47 § X.14,
2019; Ord. 45 § X.14, 2009)
2.36.150 Relocation of structures—Removal of encroachment.
A. The Public Works Director may require any permittee, who pursuant to a duly issued right-of-
way permit under this title, has performed construction work or placed and maintained any
encroachment, to remove or move the encroachment at the permittee’s own cost and expense
to such different location as is specified in a written demand of the Public Works Director,
whenever such move is necessary to ensure the safety and convenience of the public or the
operation, maintenance, reconstruction or replacement of District facilities. The Public Works
Director shall specify in the demand a reasonable time within which the work of relocation must
be commenced, and the permittee must commence the relocation within the time specified in
the demand and diligently prosecute the same to completion. If permittee fails to diligently re-
move the encroachment, the Public Works Director may proceed under Section 2.36.140.
B. The District shall have the right to relocate or remove any encroachment in response to an
emergency condition requiring immediate repair, without the notification of the permittee or the
owner of any encroachment into a District right-of-way. (Ord. 47 § X.15, 2019; Ord. 45 § X.15,
2009)
2.36.160 Holding District harmless—Insurance.
The applicant for a permit, as a condition to receiving a permit shall sign a statement agreeing to
indemnify, defend, and hold harmless the District and its officers and employees, from any liability
or responsibility for death or injury to persons and loss or damage to property happening or occurring
as a result of the design or performance of any work undertaken under any permit granted pursuant
to the application. The applicant may be required to provide proof of liability insurance in an amount
set by a resolution of the Board and may be requested to name the District as an additional insured
under the insurance policy. The insurance shall be provided by a company satisfactory to the City’s
Risk Manager. Any deductible or self-insured retention under the insurance policy shall be in an
amount acceptable to the City’s Risk Manager. (Ord. 47 § X.16, 2019; Ord. 45 § X.16, 2009)
2.36.170 District not liable for damage to encroachment or encroachment area.
The District shall not be liable for any damages whatsoever to the encroachment facilities or en-
croachment area when the damages are related in any way to the District’s continued use of the
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right-of-way, or are as a result of the District’s construction, use, repair, replacement or relocation
of any District facilities within the right-of-way. (Ord. 47 § X.17, 2019; Ord. 45 § X.17, 2009)
2.36.180 Exemptions.
The District, the District’s agents, and the City’s employees, acting in their official capacity, are ex-
empt from the requirements set forth in this title. (Ord. 47 § X.18, 2019; Ord. 45 § X.18, 2009
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