HomeMy WebLinkAbout2019-12-17; Municipal Water District; 47; AN ORDINANCE TO DEFINE AND ESTABLISH PRICES AND CONDITIONS OF WATER DELIVERY...ORDINANCE NO. 47
AN ORDINANCE OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL
WATER DISTRICT (CMWD), CARLSBAD, CALIFORNIA, TO DEFINE AND ESTABLISH
PRICES AND CONDITIONS OF WATER DELIVERY; TO PROVIDE METHOD OF
ESTABLISHING AND FIXING RATES AND CHARGES FOR WATER DELIVERED; TO
PROVIDE METHOD FOR EXTENSION OF CMWD FACILITIES; REGULATING THE
ISSUANCE OF WATER METERS; ESTABLISHING PROCESS AND FEES FOR
ENGINEERING SERVICES RELATED TO LAND DEVELOPMENT; DEFINING METERS
AND FIRE HYDRANTS, WATER EFFICIENT LANDSCAPING; CROSS CONNECTION
CONTROL PROGRAM; ESTABLISHING PROCEDURES FOR WORK IN CMWD RIGHT-
OF-WAY; AND REPEALING ORDINANCES 26, 29, 37, 39, 40, AND 42.
WHEREAS, Carlsbad Municipal Water District, hereinafter called CMWD, is organized
under the Municipal Water District Law of 1911, Division 20 (commencing with Section 71000)
of the California Water Code; and
WHEREAS, on April 25, 1989, the City of Carlsbad adopted Resolution No. 89-126 which
established the CMWD as a subsidiary district to the City of Carlsbad effective January 1, 1990,
where the responsibilities for the City's water system were transferred to the CMWD; and
WHEREAS, the City of Carlsbad's water system was operated under its Municipal Code
Title 14 "Water" which does not apply to CMWD, but specific provisions from Title 14
concerning improvement plan review, water or recycled water meters, water or recycled water
service connections, service charges, water or recycled water pipeline extensions and facilities,
and cross connection control program need to be addressed in a new CMWD Ordinance; and
WHEREAS, the Municipal Water District Law of 1911 provides the method by which
CMWD shall establish types and conditions of service, fix rates and charges, provide a method
of extension of facilities and repeal existing Ordinances as necessary; and
WHEREAS, on June 4, 1996, by adoption of Resolution No. 939, the Board revised the
Delivery Charge basis retained the "Commodity Charge" basis, revised the Connection fee basis,
established the reclaimed water Commodity charge, and reclaimed water Connection fee; and
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WHEREAS, on August 13, 1996, by adoption of Resolution No. 954, the Board of
Directors of CMWD eliminated the "New Demand Charge" applicable to Metropolitan Water
District of Southern California; and
WHEREAS, on November 18, 2003, by adoption of Resolution No. 1194, the Board of
Directors of CMWD approved the 2003 CMWD Water Master Plan Update and changed the
CMWD Water Service Connection fee; and
WHEREAS, on November 18, 2003, by adoption of Ordinance No. NS-682, the City
Council for the City of Carlsbad approved CMWD Water Connection Fee annual adjustment
using Engineering News Record percentage change with the base index in effect in December
2003, and modified Title 14 ofthe Municipal Code Chapter 14.16.120 Service Connection
Charges; and
WHEREAS, on June 14, 2005, by adoption of Ordinance No. 43, the Board of Directors of
CMWD mandated the use of recycled water and rescinded Ordinance No. 31; and
WHEREAS, present conditions render provisions in existing Ordinances No. 26, 29, 37,
39, 40 and 42 unnecessary; and
WHEREAS, the Board of Directors of CMWD deem it expedient, proper and necessary to
establish and define types and conditions of water delivery, provide method of fixing rates and
charges, provide for extension of facilities, establish procedure for work in CMWD right of way,
and repeal certain existing Ordinances.
NOW, THEREFORE, the Board of Directors of the CMWD of the City of Carlsbad,
California, hereby ordains as follows:
ARTICLE I -REPEAL
That Ordinances Nos. 26, 29, 37, 39, 40 and 42 are hereby repealed in their entirety.
ARTICLE II -GENERAL REGULATIONS
SECTION 1: Definitions
The following terms are defined for purposes of this ordinance:
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1.1 "Applicant" means a person who applies for water or recycled water service.
1.2. "Board" means Board of Directors of the Carlsbad Municipal Water District.
1.3. "City of Carlsbad" means a municipal corporation in the State of California.
1.4. "CMWD" means Carlsbad Municipal Water District.
1.5. "Connection" means the metered water or recycled water service connection from a
CMWD water or recycled water pipeline facility, respectively.
1.6. "Cost" includes labor, material, transportation, expense, supervision, engineering
and other necessary overhead expense.
1.7. "Customer" means any person to whom the CMWD supplies water or recycled water
service under a contract, either expressed or implied, to make payment therefore.
1.8. "Delivery Charge" means the minimum monthly charge to a customer for availability
of service, the revenue from which enables the CMWD 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.
1.9. "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 conformance with approved standard
drawings and specifications.
1.10. "Extension" means water or recycled water pipeline extension.
1.11. "Executive Manager" shall mean the position that reports to the Board of Directors
of the Carlsbad Municipal Water District.
1.12. "General Counsel" means the position that has been appointed by the Board of
Directors to advise on legal matters.
1.13. "General Manager" means the position that reports to the Executive Manager of the
Carlsbad Municipal Water District and is responsible for the operation and
maintenance of the water system and recycled water system.
1.14. "Industrial or commercial" means any customer using water or recycled water for a
building or landscape irrigation of the site that is not a residential unit for the
purpose of producing goods or services other than the services of housing,
permanent or transient occupants.
1.15. "Legal or equitable owner" means any owner of record, mortgage trustee or
contract purchaser.
1.16. "Meter" means device to measure the amount of water or recycled water the
customer uses in units where one unit is 748 gallons.
1.17. "Pipeline" means an existing or proposed water or recycled water pipeline in the
water or recycled water distribution system, respectively of the CMWD.
1.18. "Public Works Director" means the Public Works Director ofthe City of Carlsbad or
his designated representative. The Public Works Director is responsible for the
engineering decisions required for the planning, design, and construction of
CMWD's water and recycled water facilities.
1.19. "Recycled water", sometimes referred to as reclaimed water, means water obtained
from the treatment of domestic waste water which is suitable for direct beneficial
use or a controlled use that otherwise would not occur and also meets the highest
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level in conformance with California Code of Regulations, Title 22, Division 4,
Chapter 3 (use of recycled water for irrigation and for impoundments), currently
section 60304 and section 60305.
1.20. "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.
1.21. "Residential Unit" means any single family residential living unit which includes but
is not limited to the following: houses, duplexes, apartments, condominiums, and
mobile homes.
1.22. "Risk Manager" means the Risk Manager of the City of Carlsbad.
1.23. "Service Connection" includes the tapping of a CMWD water or recycled water
pipeline and the laying·of a service line from the tapped connection on the pipeline
to the meter location.
1.24. "Water" means potable water fit for human consumption in accordance with
applicable State of California Department of Public Health (CDPH) standards.
1.25. "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.
SECTION 2: Wasting Water; Report to CMWD
No person shall 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 CMWD of
such fact by contacting the Executive Manager.
SECTION 3: Adoption of Rules and Regulations
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 CMWD, 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 Ordinance, and may from time to
time by resolution prescribe rules for the extension of water or recycled water pipelines within
the boundaries and outside the boundaries of the CMWD.
The Executive Manager may, from time to time, issue rules and regulations to carry out the
purposes of this Ordinance.
SECTION 4: Failure to Comply with Rules and Regulations or Pay Rates; Penalty
On failure to comply with the rules and regulations established by the CMWD as a condition
precedent to the right to use the water or recycled water, or to pay rates or any charges
imposed, in the time and manner stated in this Ordinance, upon reasonable notice, the water
and recycled water will be shut off until payment of amount due including a ten percent (10%)
late fee is received by CMWD. Charges not paid after 44 days are considered delinquent and are
subject to additional fees. Charges will continue to accrue until customer notifies the CMWD to
discontinue service. CMWD may be notified in writing or by calling the City of Carlsbad's Billing
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Division of the Finance Department. If the commercial potable water or the recycled water bill
remains unpaid after forty-four (44) days following the mailing date of such bill, then 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 additional charges shall have been paid.
Subject to the provisions in CMWD's Residential Potable Water Service Shutoff Protection
Policy for Nonpayment of Charges, if the residential potable water bill remains unpaid after
sixty (60) days following the mailing date of such bill, then 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 all bills, plus any additional charges shall
have been paid.
SECTION 5: Turning Water or Recycled Water On and Off from Premises
No one except an authorized employee of the CMWD or City of Carlsbad shall turn the water or
recycled water on or off from any building or premises at a service gate valve, angle meter stop
valve, or corporation stop valve located upstream of the meter.
SECTION 6: Persons Not to Interfere with CMWD Water System
No person shall in any manner whatsoever meddle, tamper with, or interfere with any part of
the water or recycled water system of the CMWD.
SECTION 7: Entrance Upon Private Property by Employees of CMWD
Any authorized employee of the CMWD or City of Carlsbad 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 observed by the customer.
SECTION 8: Right of CMWD to Enter Premises, Install Meters and Enforce Collection of
Charges
Any authorized employee of CMWD or City of Carlsbad 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 CMWD governing the
consumption of water or recycled water, and for that purpose may at any time go upon the
premises of the customer of water or recycled water.
SECTION 9: Interference with Inspection; Stoppage of Service; Notice Required
In case any authorized employee or agent of the CMWD or City of Carlsbad be refused
admittance to any premises supplied with water or recycled water by the CMWD, or on being
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admitted he or she shall be hindered or prevented from making such examination or inspection
by any person, or for any reason thereto, the maintenance on such premises of a vicious dog or
animal, or for any other reason, the Executive Manager of the CMWD may cause the service of
water or recycled water of such premises to be discontinued, after giving written notice to the
owner or occupant thereof of his/her intention to do so.
SECTION 10: Service of Notice of Stoppage of Water or Recycled Water Service
Such notice as is provided for in Section 9 shall be deemed served upon the legal owner or
occupant thereof if it is mailed to his/her last known address, and a copy thereof mailed to such
premises if his/her mailing address is not at such premises, or a door hanger may be placed at
the premises by CMWD or City of Carlsbad employee notifying legal owner or customer of
water or recycled water service being shut off, or other method that the Executive Manager
determines to be legally sufficient to ensure adequate notification is received by the legal
owner or occupant.
SECTION 11: Length of Water or Recycled Water Service Stoppage
Water or recycled water service may be discontinued until the customer or owner has given
satisfactory assurance to the Executive Manager that any such employee will not be hindered
or prevented from making such examination or inspection.
SECTION 12: Liability of CMWD to Damage from Break Beyond Meter
The CMWD will not be responsible for injuries or damages to buildings or their contents from
any water leakage, damage or earth movement originating from a break beyond the meter
connection.
SECTION 13: Responsibility for Damage Resulting from Turning Off Water or Recycled
Water
The CMWD 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 the shutting off of water or recycled
water.
SECTION 14: Unlawful Use of Water, Recycled Water, Facilities and Appurtenances
It is unlawful for any person to open any fire hydrant, corporation stop valve, gate valve, angle
meter stop valve or to interfere in any manner with any water service, water connection, or any
water meter attached to any service pipe connected to the water pipelines, or to turn on or off
water or recycled water pipelines of the CMWD, or to tap, break, or injure any water or
recycled water pipeline of the CMWD, or any reservoir, pumping station or pressure reducing
station of the CMWD, or to tap any water or recycled water service pipe, or take or draw water
from any water pipe or fire hydrant of the CMWD without paying the established water rate
therefor, after having made written application and received permission therefore as provided
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by this ordinance or in anywise to trespass upon the public property of the CMWD without
written permission first being obtained from the CMWD.
SECTION 15: Bills for Labor, Materials
All bills for labor and materials furnished, or other charges not provided for otherwise, shall
become due and payable thirty days from date of mailing.
SECTION 16: Settlement of Disputes between Customer and CMWD
If a dispute arises between any water or recycled water customer and the CMWD 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, by the Executive
Manager. The final decision and settlement of any such dispute shall be recorded in the
minutes of the Board.
The provisions and procedures provided for in this section are permissive only and shall in no
way affect the other provisions of this Ordinance.
SECTION 17: No Mandatory Duty
Nothing in this Ordinance is intended to create a mandatory duty on behalf of CMWD or the
City of Carlsbad and/or its employees under the Government Tort Claims Act and no cause of
action against CMWD or the City of Carlsbad and/or its employees is created by this chapter
that would not arise independently of the provisions of this ordinance.
SECTION 18: Claims for Damage.
(a) No claim for injuries or damages against the CMWD shall ever be allowed or paid
unless there has been first filed with the Secretary to the Board a claim therefor within the
time periods required by subsection (b) ofthis section. All such claims for damages shall
be first verified by the claimant before an officer authorized to administer oaths.
(b) A claim relating to a cause of action for death or for injury to person or to personal
property or growing crops shall be filed not later than six months after the accrual of the
cause of action. A claim relating to any other cause of action shall be filed not later than
one year after the accrual of the cause of action.
ARTICLE Ill
RETAIL WATER AND RECYCLED WATER RATES, AND
COLLECTION THEREOF
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SECTION 1: New Account Fee
A new account fee as determined by resolution of the Board will be assessed on a customer on
their first bill. The CMWD requires at least 24 hours notice of water service turn-on. If customer
contacts the CMWD the same day that customer wants service turned on, then the customer
will have an additional charge assessed on their next water bill. If 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 CMWD on the following normal working day.
SECTION 2: Continuity of Service Fee (Landlords Only)
The CMWD will provide a continuity of service fee option for landlords only 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
CMWD. The water bill will be sent to the Landlord's address and the Landlord will be billed for
the Continuity of Service fee.
SECTION 3: Delivery Charge
The CMWD 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.
SECTION 4: Delivery Charge for Residential Automatic Fire Extinguishing System
When a water meter for a single family residential unit is required to provide standby capacity
for a automatic fire extinguishing system, the Delivery Charge will be determined according to
the size of the meter necessary to meet the water use requirements for the customer, as
determined according to the rules of the CMWD, without consideration of additional size
necessary to provide the Delivery Charge. The Delivery Charge to provide water for a automatic
fire extinguishing system is required when (1) the automatic fire extinguishing system is
required by law, including any requirement imposed as a condition of development, permit, or
occupancy, and (2) the fire chief, fire marshal or building official of the City of Carlsbad has
provided a written statement verifying the requirement for additional meter size. The
determination 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. This provision shall not apply to meters greater than one
inch in size.
SECTION 5: Delivery Charge -Proration
The delivery charge will be prorated based on the normal date the meter is read for the month
that water service is started.
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SECTION 6: Delivery Charge Where House Becomes Vacant; Request for Discontinuance
of Service
If a single family residence becomes vacant, the regular monthly Delivery Charge shall be
charged and collected from the owner thereof; whether water is used or not; until the day
upon which the office of the CMWD is notified of the fact that the property is unoccupied and is
requested to shut off water therefrom.
SECTION 7: Rate Structure
The CMWD 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 the objectives established by the Board.
Residential Water Rate -The Residential water rate is a tier rate per unit of water used where
one unit equals 748 gallons.
Commercial/Non-Residential -The Commercial/non-residential water rate is a flat rate per unit
of water used where one unit equals 748 gallons.
Agricultural Water Rate -The Agricultural water rate shall be in compliance 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 an Agricultural Water Rate, that customer must
comply with water supply reductions under CMWD's Ordinance 30 when the Board declares
Stage 2 or higher water conservation stages.
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.
SECTION 8: Water Rates, Charges, and Fees to be Established by Resolution
The rates, charges, and fees for all water and recycled water delivered by CMWD shall be fixed,
and may be changed as necessary, by Resolution of the Board after following the provisions
required by the California Constitution. All water and recycled water bills shall be due on
mailing and must be paid by the due date printed on the water or recycled water bill.
SECTION 9: Meter Readings and Billings
Meters shall be read and billings rendered on a monthly basis. 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.
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SECTION 10: Service Charges to be a Lien Against Property of Consumer
In addition to any other remedy provided for in this Article for the enforcement and collection
of any water and recycled water rates, charge, fee or account, all rates provided for in this
Ordinance shall be charged against the property on which it is furnished, and against the owner
thereof, and shall be a lien against the premises to which any water or recycled water may be
supplied, and a charge against the owner thereof and the occupant thereof using the water. If
for any cause any sums owing therefore 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 CMWD in an action brought by the CMWD in any Court of competent jurisdiction for the
amount of all such money as may be due and unpaid, together with all penalties provided
herein and costs. No change of ownership or occupation shall affect the application of this
Article. This section shall not apply to non-permanent connections.
SECTION 11: Shutting Off Water on Supply Side of Meter
Upon the written request or call to the City's Billing Division of the Finance Department, of the
customer or occupant of a building or premises to have the water shut off on the supply side of
the meter, the CMWD 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.
SECTION 12: Adjustment of Bills for Meter Error
(a) Fast Meters: When upon test, a meter is found to be registering fast within the
tolerances above set forth in Article IV, Section 6, the CMWD shall refund to the customer the
amount of the overcharge, 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 above set forth in Article IV, Section 6, the CMWD shall bill the customer for the
amount of the 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 three month average amount of water used during the same
period for the previous year. In the event there was no meter at this place during the previous
year, a charge will be made upon an estimate fixed by the CMWD, which shall be paid by the
customer.
(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.
ARTICLE IV
METERS, SERVICE CONNECTIONS, CONNECTION FEES AND PAYMENT THEREOF
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SECTION 1: Service Connections in Public Right-of-Way or Easements
All water service connections shall be in conformance with CMWD standard specifications and
standard drawings in affect at the time the connection is installed; and all such connections
must be inspected and approved by the Public Works Director or his designated representative
before water is admitted through meters.
SECTION 2: Meter Installation
All water and recycled water meters shall be new or be certified for accuracy to meet standards
of the American Water Works Association through testing performed or approved by the
CMWD before being installed.
SECTION 3: Service Connection and Meter Ownership
The "Water/Sewer Connection Permit" shall note the date of connection for all service
connections, and upon this date the service connection will become the property of the CMWD
and the CMWD's responsibility to maintain. The meter will become the property of the CMWD
and the CMWD's responsibility to maintain upon its installation by CMWD or its authorized
agent.
SECTION 4: Charges for Replacement, Repairs or Adjustment Caused by Negligence, Etc.,
of Customer, Non-Payment
Where replacement, repairs or adjustments of any service connection or meter are deemed
necessary by the act, negligence or carelessness of the customer, any expense caused the
CMWD thereby, 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.
SECTION 5: Examination of Meters at Customer's Request -Deposit
Any customer may request that the meter, through which water or recycled water is being
delivered, be examined and tested by the CMWD or Maintenance and Operations Department
of the City of Carlsbad for the purpose of ascertaining whether or not it is registering correctly
the amount of water which is being delivered to it. Such request shall be accompanied by
payment of a deposit fee as established by resolution of the Board. Upon receipt of such
request, the Executive Manager will cause the meter to be examined and tested for the
purpose of ascertaining whether or not it is registering correctly the water or recycled water
being delivered through it.
SECTION 6: Examination of Meters at Customer's Request -Replacement of Defective
Meter; Forfeiture of Deposit
If, on examination and test, the meter shall be found to register a percentage of more or less
than actually passes through it, than allowed by the tolerances for such a meter as established
by the American Waterworks Association standards, another meter shall be substituted
therefore. If the meter is determined to be registering more water than actually passes through
it within the tolerances above set forth, the above deposit will be refunded to the customer,
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but in the event the meter shall be found to be accurate or registering less water than actually
passes through it, the fee so deposited shall be forfeited to the CMWD.
SECTION 7: Water Meter Permit
It is unlawful for any person to connect to or use the CMWD's water system without first
obtaining a Water Meter Permit. That concurrently with issuance of a valid building permit for a
new structure or for a mobile home, upon application and payment of the required fees, the
CMWD's Executive Manager may authorize connection of the structure for which the building
permit has been issued or the mobile home has been issued, to the water system. Every Water
Meter Permit issued shall be returned if the building permit for the structure to which the
connection is being made or for the mobile home to be connected, expires by limitation or
otherwise becomes null and void. If a Water Meter Permit has expired, then before the
connection for such structure or mobile home can be made, a new Water Meter Permit shall be
obtained and the fee shall be one-half of the required fee for the original Water Meter Permit
unless one year has passed since the expiration in which case the fee shall be the same as a
new Water Meter Permit. Water Meter Permits for the connection of an existing structure to
the water system may be issued by the Executive Manager at any time upon proper application.
Every Water Meter Permit issued pursuant to this subsection shall expire by limitation and
become null and void if work on the connection authorized by such permit is not completed
within one hundred eighty {180) days from the date of issuance of such permit. Reasonable
extensions may be granted by the Executive Manager in writing.
SECTION 8: Water and Recycled Water Connection Fee
Applicants for installation of a service connection(s) 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
connection is not required to pay San Diego County Water Authority's water connection fee.
When a water meter for a single family residential unit is required to provide standby capacity
for a automatic fire extinguishing system, the water connection fee will be determined
according to the size of the meter necessary to meet the water use requirements for the
customer, as determined according to the rules of the CMWD, 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 connection fee shall be adjusted annually
by a resolution of the Board by the percentage change in the Engineering News Record Los
Angeles Construction Cost Index with the base index in effect in December 2003, or subsequent
resolution of the Board.
For all residential units, the water connection fee shall be paid at the time of issuance of a
building permit for the property. For commercial and industrial development 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 at the time the recycled water irrigation system has
been tested by the City of Carlsbad's Cross connection specialist and recycled water can be
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supplied to the irrigation system. Customer shall provide CMWD a 24-hour notice for the
recycled water irrigation meter.
A credit on a water or recycled water connection fee will be made for the exchange of an
existing meter service for a new meter service, or relocation of a meter service. The credit shall
only apply to the water or recycled water connection fee. The credit amount shall be based on
the connection fee amount in affect at the time the exchange is made. No credit shall be
applied for exchange to a smaller meter.
SECTION 9: Minimum Water Meter Size for Buildings
(a) Residential Unit -For residential units the minimum size meter shall be 5/8", except where
the residential unit is larger than 3,500 square feet or on a lot larger than one quarter {1/4) acre
where the meter size shall be 3/4". Where there is a residential automatic fire extinguishing
system the minimum meter size shall be 1".
(b) Commercial and Industrial -For a commercial building, office condominium, and industrial
building an estimate shall be made of the supply demand in gallons per minute (gpm) as
determined from the California Plumbing Code "Appendix A", latest adopted edition by the City
of Carlsbad. In addition, for industrial 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 and the capacity of the selected meter size shall be capable of conveying the
peak supply demand calculated in gpm for the building.
SECTION 10: Irrigation Water Meters
A meter and service connection used for landscape irrigation exclusively shall be installed in
accordance with CMWD standard specifications and drawings in affect at the time the
connection is made. The size of the irrigation water meter(s) and service connection shall be
determined by the landscape architect based on the flow demand in gallons per minute (gpm)
for the area to be irrigated. The minimum size meter(s) shall be capable of supplying the peak
irrigation water demand determined.
At locations where water is used for irrigation, then the water connection fees shall be based
on the CMWD connection fee and charges, and also include the San Diego County Water
Authority's connection fee applicable to the meter size. If recycled water is used, then only the
CMWD connection fee and charges shall apply. The San Diego County Water Authority will
refund their connection fee amount to the customer if recycled water is eventually supplied to
the service connection and meter within one year of the original application for Water Meter
Permit. The customer must prepare and submit the San Diego County Water Authority' s
"Capacity Charge Refund Request" form to CMWD for verification to request the connection
fee refund.
Dec. 17, 2019 Item #17 Page 15 of 39
SECTION 11: Maximum Water Meter Size
No water meter larger than a two-inch (2") meter shall be installed on any lot, or to any
customer, except upon approval and consent of the Public Works Director.
SECTION 12: Construction Meters
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
CMWD may connect a construction meter to any fire hydrant, service connection upon proper
application. The cost for a construction meter shall be comprised of a deposit fee and a rental
fee. The deposit fee will be refunded after the meter is returned in good working order
complete with fittings, and all bills pertaining thereto are paid. The meter will be installed and
removed by authorized CMWD or City of Carlsbad 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 Standard Water
Rate, including delivery charges. An additional fee will be charged upon each request to have a
construction meter relocated.
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.
SECTION 13: Fire Protection Meters
A fire protection meter shall be installed on commercial and industrial buildings and when
required by the City's Fire Marshall on residential units. The purpose of the fire protection
meter is to monitor if any water has been used from the fire protection line. The fire protection
meter is only charged a meter fee. No connection fees apply.
SECTION 14: Meter Installation Charges
Applicants for installation of water meters shall pay installation charges as set from time to
time by a resolution of the Board. In the event a customer has an installed meter but wishes to
exchange it for another smaller size meter, he shall receive a rebate of the difference between
the charges for the larger and smaller meter in effect at the time the original meter was
installed; but, if he substitutes a larger meter for a smaller meter, he shall pay the difference
between the current charges for the smaller meter and the larger meter.
SECTION 15: Repairs by CMWD
All water and recycled water meters are the property of the CMWD and the CMWD will
maintain and repair them when in its judgment such repairs are needed.
Dec. 17, 2019 Item #17 Page 16 of 39
SECTION 16: 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.
SECTION 17: Connection -Liability for Damage
When any person connecting a water service pipe to the property side of a meter uses water
for testing the pipes, he or she 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 CMWD or City of
Carlsbad at the time the connection is made. Any damage caused by the negligence or
carelessness of any person to any part of the meter box or connection, must be paid by the
person to the CMWD on demand.
SECTION 18: Liability of Customer for Damages to Meter
After the water or recycled water meter is so connected to the service connection, any damage
to such meter resulting from an intentional act, carelessness or negligence of the customer, or
anyone employed by him, and any damage which may result from hot water or steam from a
boiler, or otherwise, shall be paid for by such customer to the CMWD on presentation of a bill
therefore; and in case such bill is not paid, the water shall be shut off from the premises
without further notice, and the same shall not be turned on until all charges are paid.
SECTION 19: Cutting Off or Interfering with Meter
It is unlawful for any person to interfere with or 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 CMWD or City of Carlsbad's Maintenance and Operation Department. Such
permission shall be granted only for the purpose of tests, replacements, repairs to meter or
service pipes, readjustments of service, or similar emergency.
ARTICLE V
CONNECTIONS AND INSTALLATIONS OF SERVICE
SECTION 1: Shut Off Valve for CMWD
There shall be an angle meter stop valve installed on the immediate upstream side of the meter
which angle meter stop valve shall be paid for by the customer but shall be the property of the
CMWD, and shall be for exclusive use and under its exclusive control.
SECTION 2: Shut Off Valve for Customer
The water customer is hereby required, for their own protection, to provide, at their own
expense, a shut off valve consisting of a ball valve to be connected to the meter immediately
downstream of the meter and accessible to the employees of the CMWD or City of Carlsbad.
Dec. 17, 2019 Item #17 Page 17 of 39
SECTION 3: Distance of Sewer, Gas, or Other Service Pipe from Water Service
No sewer pipe, gas pipe or any other service pipe shall be installed or maintained nearer than
ten feet parallel to any service connection, water pipeline or meter of the CMWD without
obtaining prior approval from CMWD. Under no circumstance shall a sewer pipe or gas pipe or
any other service pipe be installed closer than two feet clear from the service connection, water
pipeline or meter.
SECTION 4: Repairs to Water Pipelines, Meters, and Service Connections
The CMWD shall, at its own expense, make all repairs necessary to water pipelines, meters and
service connections. The CMWD 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 therefore.
SECTION 5: Shutting Off Water or Recycled Water for Repairs
The CMWD reserves the right to shut off the water or recycled water supply from any premises
at any time without notice, for the purpose of making repairs, extensions or other necessary
purposes, or for any infraction of this ordinance.
SECTION 6: Steam Boilers, Hydraulic Elevators, Power Pumps, and Similar Apparatus
It is unlawful for any person to draw any water from any water pipeline or service connection of
the CMWD, directly into any stationary steam boiler, hydraulic elevator, power pump or similar
apparatus. If a customer desires water from the CMWD to be used in any stationary steam
boiler, hydraulic elevator, power pump or similar apparatus, the customer must first apply
therefore in writing to the CMWD, and if granted by the Board, such customer must provide a
tank or reservoir of such capacity as is required by standard practice. No such tank or reservoir
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 his/her designee.
SECTION 7: Right-of-Way Application for Service--Form
Before any water will be supplied by the CMWD to any person which requires a connection
from the CMWD water pipeline on any real property, the owner or occupant of the property
shall make a written application for such service and service connection, upon submittal of a
"Right of Way" permit application provided by the CMWD at the City of Carlsbad's Engineering
Department.
SECTION 8: Connection to Water Pipelines Upon Compliance
Upon the applicant for water service having complied with all the requirements relating to
written application for service, the CMWD will cause the property described to be connected
with the water pipeline, subject to the provisions of this ordinance and the rules and
regulations of the Board.
Dec. 17, 2019 Item #17 Page 18 of 39
SECTION 9: Multiple Service Connection and Meter and Multi-Ownership Building
No water shall be served to two or more parcels of property separately owned through a
common service connection and meter.
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.
When a multi-ownership residential, commercial and industrial unit building is placed on the
same parcel of property and each is conducting a separately established residence or business,
a separate service connection and m~ter shall be required and 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 one 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 provided,
however, that the size of the service connection and meter shall be determined based on the
combined fixture units of all residential or commercial/office condominiums served by the
meter, within the building. In cases where the Public Works Director allows one service
connection and meter to a multi-ownership building, there shall be recorded a deed restriction
or other such document as approved by the Public Works Director and General Counsel placing
future unit owner's on notice that each and every residential or commercial/office unit in the
building on the property is served by a single service connection and meter, and in the event
that the water bill is not paid by the party or entity responsible for paying the monthly water
service charges to the CMWD for the respective building occupied by the multi-ownership, the
CMWD may at its discretion shut off the water service to such multi-ownership building in
accordance with CMWD adopted rules and regulations. In addition, a multi-ownership building
with a single service line and meter is required to install a private sub-meter for each separately
established residence or business.
SECTION 10: Discontinuance of Service Upon Written Notice
Service will be discontinued and water service shut off by the CMWD within forty-eight hours of
receiving written notice to discontinue water service.
SECTION 11: 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 CMWD or City of Carlsbad.
SECTION 12: Use of Water by Construction Workers -Water Meter Permit
Contractors or any person, desiring to use water in construction work where connections must
be made other than through a meter, shall in each and every case make written application for,
and obtain a written permit for the same from the City of Carlsbad's Engineering Department
before connecting to any water pipeline, fire hydrant or using water therefrom, and shall make
the deposit required by the CMWD sufficient in its opinion to cover the estimated cost of the
water to be used. Such Water Meter Permit shall be exhibited upon the work for which it has
been issued during the full-time the water is being used pursuant to such permit.
Dec. 17, 2019 Item #17 Page 19 of 39
SECTION 13: 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 such customer without written approval of the Public Works Director.
SECTION 14: Customer to Accept Service Conditions
All applicants for service connections or water service shall be required to accept such
conditions of pressure and service as are provided by the distributing system at the location of
the proposed service connection, and to hold the CMWD or City of Carlsbad harmless from all
damage arising from low pressure or high pressure conditions or interruptions of service.
SECTION 15: Violations
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person violating any of the provisions or failing to comply with
any of the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a
fine of not more than one thousand dollars or by imprisonment in the county jail for a period
not exceeding six months, or by both.
SECTION 16: Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article 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 Article 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.
ARTICLE VI
EXTENSION OF WATER OR RECYCLED WATER PIPELINE AND OTHER CMWD FACILITIES
SECTION 1: Excess Capacity
Excess capacity for the purpose of this Ordinance, is defined to mean only that excess capacity
resulting from the construction of pipelines or facilities larger than those required by the
applicant for extension under existing CMWD standards now or hereafter adopted.
SECTION 2: Application -Generally
Any person may apply to the Executive Manager of the CMWD for the installation of water
pipelines and fire hydrants and other appurtenant facilities to be constructed either in public
streets, alleys or private property; however, nothing herein contained shall be construed to
modify any provision of the subdivision section hereinafter set forth, which requires the
subdivider to make certain improvements within a subdivision and bear the cost thereof.
Dec. 17, 2019 Item #17 Page 20 of 39
SECTION 3: Application -Contents
Prior to the applicant extending a water or recycled water pipeline or constructing a water or
recycled water pipeline of excess capacity shall enter into a reimbursement agreement with
CMWD, setting forth, among other things, a statement describing that which the applicant
wishes to construct or have constructed, a map showing accurately the proposed route and size
of such facility, the estimated cost of construction of such facility, payment schedule, auditing
procedures, complete specifications as to the type of pipe and other appurtenances which the
applicant desires to construct or have constructed, and applicant shall provide any and all
additional information requested by the Executive Manager of the CMWD. In no event shall any
water or recycled water facility be constructed unless the standard plans and specifications of
the CMWD are observed and complied with.
SECTION 4: Size of Water Pipeline Extension
All water pipeline extensions will be installed in sizes best suited to the requirements and full
development of the CMWD water system as determined by the Public Works Director. In no
event will a water pipeline or recycled water pipeline extension be less than six inches in
diameter.
No property shall be connected to a CMWD water or recycled water pipeline which is of
inadequate size to meet the requirements and full development of the CMWD water system as
determined by the Public Works Director.
SECTION 5: Determination of Adequacy of Size and Necessity by Executive Manager;
Contract between Applicant and CMWD; Reimbursement of Applicant for
Additional Cost
The Public Works Director for the CMWD shall determine if the size of such proposed water
pipeline is adequate to serve the intended use of applicant; further, the Public Works Director
shall determine if there is other property within the CMWD not being served with water or
recycled water which could be served by the proposed water or recycled water pipeline, and if
it appears to the Public Works Director that it is necessary that the proposed water or recycled
water pipeline and appurtenant facilities should be constructed to a greater capacity than the
immediate needs of the applicant so that other property in the CMWD may be supplied with
water or recycled water through such pipeline, then the Executive Manager shall recommend
to the Board that a reimbursement agreement be entered into between applicant and the
CMWD providing for the construction of such water or recycled water pipeline with excess
capacity and establishing a reimbursement procedure and schedule for the additional costs
incurred by building such water or recycled water pipeline with such excess capacity.
SECTION 6: Determination of Materials to be Used and of Additional Cost of Pipelines
The quality of the materials of the water pipeline, hydrants, and other facilities in connection
therewith shall be determined by the Public Works Director, who shall give due regard to the
Dec. 17, 2019 Item #17 Page 21 of 39
potential water service development in the territory that can reasonably be served by the
extended water pipeline. The Executive Manager shall determine the amount of money
necessary to cover the cost of construction of such water pipeline and shall determine the
excess cost as herein below provided, if any, over and above the cost of a standard size water
pipeline facility sufficient to serve applicant's immediate need and use.
SECTION 7: Payment of Proportionate Cost of Water or Recycled Water Pipeline Prior to
Connection
Whenever any person applies for a connection to a water or recycled water pipeline which has
been installed in any manner other than by public improvement proceedings for which an
assessment has been levied, and neither the person nor his predecessor in interest has paid the
proportionate share of the cost of the water or recycled water pipeline, with respect to the
property served, no application shall be acted upon, allowed, or approved by the CMWD, or any
of its administrative employees until such person has paid to the CMWD his proportionate
share of the cost of the water or recycled water pipeline according to the terms, schedules, and
conditions hereinafter set forth.
SECTION 8: Method of Determining Excess Cost for Reimbursement Agreement
In determining excess cost for a reimbursement agreement, the actual cost of construction,
including necessary easement acquisitions, engineering and directly related incidental costs,
shall be included plus any overhead for managing the construction contract. The Executive
Manager shall make the final decision, subject to Board approval of the reimbursement
agreement, in determining the pro-rata cost share of the excess capacity. In all cases the
minimum pipeline size for any property shall be at least 8-inches in diameter, and excess
capacity shall be considered the difference in cost between the minimum pipe size or facility
cost required for the property and the recommended size to meet CMWD system
requirements. Any right to reimbursement hereunder, or pursuant to contract, shall expire in
accordance with the time specified in the reimbursement agreement or ten years after the
pipeline or facility has been accepted by the CMWD; provided, however, payment shall only be
made to the applicant, or designee, at such address as shall have been filed with the CMWD, by
the applicant for such purpose. No interest shall accrue to applicant pursuant to this Section, or
under any contract entered into pursuant thereto. In no event shall the CMWD be liable or in
any way responsible for failure to collect such connecting fees, or for failure to pay any money
to applicant.
SECTION 9: Easements to be Provided; Title Insurance Policy; Construction Costs to be
Deposited
If a reimbursement agreement is entered into between applicant and the CMWD, applicant
shall provide easements in the event the water or recycled water pipeline or facilities lie
outside public property, and shall provide a Title Insurance Policy showing that granter has the
valid title to grant such an easement. Such easement shall be subject to the approval of the
General Council for the CMWD for legal adequacy and shall be subject to the approval of the
Public Works Director and Executive Manager in all other respects. If applicant desires that such
water or recycled water pipeline be extended or such water or recycled water pipeline and
facilities be constructed by the CMWD and the Executive Manager recommends that the
CMWD construct such facilities, which recommendation is approved by the Board, then, in that
event, applicant shall deposit with the CMWD such sum of money as the Executive Manager
Dec. 17, 2019 Item #17 Page 22 of 39
shall determine to be necessary in order to construct the improvements specified in the
reimbursement agreement.
SECTION 10: Source of Reimbursement
The CMWD shall reimburse the applicant only from either the water connection fee fund or the
water replacement fund, subject to availability of funds, and the CMWD's responsibility shall be
no greater than as set forth in this Ordinance.
SECTION 11: Improvements Constructed Under the Improvement Act of 1911-CMWD's
Participation
If any of the improvements, which would otherwise qualify as above set forth, are constructed
through a 1911 Act of Improvement District as defined in the Improvement Act of 1911,
Division 7 of the Streets and Highways Code, the CMWD will agree to pay to the owner or
owners of the property assessed within the CMWD, said payments running with the land at all
times mentioned herein, the sums it would otherwise pay to an individual applicant under the
terms of this Ordinance.
SECTION 12: Time Limit for Recovery
Any funds mailed to applicant or designee which are returned, or where the check, voucher or
other payment remains uncashed for one year after such mailing, shall revert to the CMWD's
water connection fee fund or water replacement fee fund as appropriate, and shall not be
recoverable by applicant.
SECTION 13: Agreement between CMWD and Contributor for Repayment of Off-Site
Improvement
The Executive Manager is empowered to prepare a reimbursement agreement to be entered
into by the person who constructs off-site water or recycled water pipeline extensions and the
CMWD. Such agreement shall provide that the CMWD will refund to the persons who paid for
the cost of the water or recycled water pipeline extension all pipeline fees. The agreement shall
be limited to a fifteen-year period from and after the date of signing. The CMWD shall not be
liable to the subdivider for such moneys in the event that the collection of the charge is
prevented by judgment or order of court, or in the event that such moneys are not collected
due to inadvertence or neglect of the officers or employees of the CMWD or City of Carlsbad.
SECTION 14: Water or Recycled Pipeline Extensions within Subdivisions
Subdividers shall be required to install water or recycled water pipeline extensions to all
property within the subdivision. When such water or recycled water pipeline extensions are
constructed by the subdivider, then no refund 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 such subdivision
with the following exception:
When a subdivider is required to install a water or recycled water pipeline extension in excess
of his requirements for continuity and full development of the CMWD water system, as
determined by the Public Works Director, then the CMWD will contribute for the additional
Dec. 17, 2019 Item #17 Page 23 of 39
costs required to construct the water or recycled water pipeline in excess of eight inches in
diameter.
Subdividers shall be required to extend to the external limits of the subdivision all water and
recycled water pipelines placed in and about the subdivision by the subdivider. The subdividers
may enter into a reimbursement agreement with the CMWD as outlined heretofore for such
other off-site portions of the water or recycled water pipeline extensions they must install for
the subdivision.
SECTION 15: Water or Recycled Water Pipeline Extensions for Length of Property Frontage
A subdivider, contractor, or individual developer shall be required to install a water or recycled
water pipeline extension to the external limits of his property line along the entire front of his
property abutting upon the water or recycled water pipeline extension; except, when such
person is the owner of a large undeveloped frontage, then in that event, the owner shall be
required to install the water or recycled water pipeline extension for a minimum frontage of
seventy-five feet; provided, that all of the following conditions prevail:
(1) That the portion of the property being connected to the water or recycled water
pipeline shall totally contain the residence of the owner, together with sufficient side yard
setbacks as required by applicable zoning law;
(2) That sufficient area remains in the unconnected portion of the property in which to
construct one or more living units in accordance with the applicable zoning laws.
ARTICLE VII
ESTABLISHING FEES FOR ENGINEERING SERVICES
SECTION 1: The Engineering Service Fees shall be established by resolution of the Board of
Directors of the CMWD and are for the purpose of defraying the cost of processing review,
approval, and inspection of potable water and recycled water facilities, including pipeline and
service line installation, replacement and relocation, easements and quitclaims in connection
with the development review process of the City of Carlsbad:
1. Policy. The City of Carlsbad's Engineering Department shall provide plan checking
services for potable and recycled water facilities to be constructed and added to the systems of
the CMWD at a charge of estimated cost of providing such services.
2. Fees. The fees to review improvement plans related to CMWD facilities shall be
charged based upon the estimated construction costs of the potable water and recycled water
improvements, and all appurtenances only plus fifteen percent (15%) contingency based on
current City of San Diego Bond Unit Prices, as determined by the Public Works Director or
his/her designee upon review of the plans submitted in connection with any type of
development within the CMWD. The fees shall be fixed and established by resolution of the
Board of Directors of the CMWD.
3. Private Onsite Irrigation System. The private onsite irrigation system for a proposed
development shall be plan checked by the City's Planning Department and Engineering
Dec. 17, 2019 Item #17 Page 24 of 39
Department. A plan check fee shall be paid to cover the City's cost to review and approve the
plans of the private on site irrigation system. The County of San Diego Environmental Health
Department also will review all private onsite 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 construction drawings and City's application form.
SECTION 2: Adjustment of Fees by Resolution
The City of Carlsbad's Finance Department, on behalf of CMWD, 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 construction cost index for Los Angeles.
SECTION 3: When Paid
All fees to review improvement plans, easements or quitclaims are paid upon initial submittal
to the City of Carlsbad. For improvement plans, the Applicant is responsible to pay an initial
plan check fee that is based on the cost estimate submitted (Valuation) with the initial
submittal. By the end of the plan check process of improvement plans, this Valuation may
increase or decrease from the initial Valuation, thereby changing the plan check fee that would
be due. Near the end of the plan check process and prior to the plan approval, the Applicant is
responsible to pay the balance of plan check fees or receive a refund for excess fee paid,
depending on the Valuation change.
Prior to issuance of a right-of-way permit to construct the improvements, the Applicant shall
pay inspection fees that cover the inspection of CMWD improvements.
ARTICLE VIII
FIRE HYDRANTS
SECTION 1: Use of Fire Hydrants -Generally
Fire hydrants are provided for the sole purpose of providing connections for the extinguishing
of fires, and shall be opened and used only by the CMWD and City of Carlsbad Fire Department
or such persons as shall be authorized to do so by the Executive Manager of the CMWD.
SECTION 2: 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
construction meter. The CMWD will make the necessary connections and install a meter of
required size upon payment of a deposit fee and a rental fee in effect at the time of issuance of
water meter permit.
Dec. 17, 2019 Item #17 Page 25 of 39
SECTION 3: 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 officer
or person shall report to the CMWD or the Fire Chief of the City of Carlsbad any leaks or breaks
or damage to the fire hydrant immediately upon discovery.
SECTION 4: 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.
SECTION 5: 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 connections from the CMWD water pipeline to the above ground double check valve
assembly or approved check valve and backflow preventer assembly.
ARTICLE IX
CROSS-CONNECTION CONTROL PROGRAM
SECTION 1: Purpose of Provisions
The purpose of this Article is to:
(1) Protect the public water supply against actual or potential contamination through cross-
connections 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;
(2) 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 potable and recycled systems.
SECTION 2: Adopted by Reference
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
implementation of the cross-connection program and provisions for backflow protection,
testing 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.
Dec. 17, 2019 Item #17 Page 26 of 39
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.
The California Regional Water Quality Control Board, San Diego Region, issues Orders that
regulate recycled water use site conditions and inspection requirements within CMWD. All
requirements of the current Order shall be deemed part of this Article.
SECTION 3: Backflow Prevention Assembly Removal
Approval must be obtained from the CMWD before a backflow prevention assembly is removed
or relocated.
(1) The use of an assembly may be discontinued and the assembly removed from service
upon presentation of sufficient evidence to the CMWD to verify that a hazard no longer
exists or is not likely to be created in the future. The CMWD shall make the
determination of whether a hazard exists.
(2) An assembly may be relocated following confirmation by the CMWD that the relocation
will continue to provide the required protection and satisfy installation requirements. A
retest, performed at the customer's cost, will be required following the relocation of the
assembly.
(3) 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 CMWD. A
retest, at the customer's cost, will be required following the repair of the assembly.
(4) 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 assemblies must be approved by the CMWD.
SECTION 4: Site Supervisor
(1) At each premise where recycled water is used or where it is necessary in the opinion of
the CMWD, 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.
(2) The site supervisor shall attend CMWD approved training in the use of recycled water.
The site supervisor shall be responsible for monthly tailgate trainings as well as training
of new employees prior to their assignment to a recycled water use site.
Documentation of these trainings will be required to be available during the annual walk
through inspection.
(3) In the event of the potential for contamination or pollution of the either the public or
the customer's potable water system due to a cross-connection on the premises, the
CMWD shall be immediately notified by the site supervisor so that appropriate
measures may be taken to overcome the contamination.
Dec. 17, 2019 Item #17 Page 27 of 39
(4) The customer shall inform the CMWD ofthe site supervisor's identity (name, address
and telephone number) on an annual basis and whenever a change occurs.
(5) Failure to comply with site supervisor requirements may result in discontinuance of
water service.
SECTION 5: Water System Survey
(1) Backflow prevention assemblies will be required per the current edition of the City of
Carlsbad Engineering Standards. These backflow assemblies shall be tested by a tester
who meets the requirements for a backflow assembly tester per this ordinance upon
installation at the customer's cost. The test must meet passing criteria as stated in
Section II of this ordinance.
(2) The CMWD may require an on-premise 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-premise inspection of his piping system shall be required to install the backflow
prevention assembly the CMWD considers necessary.
(3) The Public Works Director may, at his/her discretion, require a re-inspection for cross-
connection hazards of any premise to which it serves water. The CMWD will transmit a
written notice requesting an inspection appointment to each affected customer. Any
customer who cannot or will not allow an on-premise inspection of their piping system
shall be required to install the backflow prevention assembly the Public Works Director
considers necessary. In addition, the CMWD may use any lawful procedure to enter and
inspect any premises.
SECTION 6: Customer Notification-Assembly Installation
(1) The Public Works Director will notify the customer of the survey findings, listing the
corrective actions to be taken if any are required. A period of thirty days will be given to
complete all corrective actions required including the installation of backflow
assemblies and passing test results submitted to the CMWD. Backflow assembly
installation standards will be in accordance with the current edition of the City of
Carlsbad 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 thirty calendar days allowed.
The second notice will give the customer a two-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 action as prescribed in the first two notices. The final notice will give the
customer ten days to take the required action. If the customer fails to complete the
corrective action within the ten-day period, the CMWD 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.
Dec. 17, 2019 Item #17 Page 28 of 39
SECTION 7: Retrofitting Fire Protection Systems with Backflow Prevention Assemblies
Upon any 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 CMWD 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
requirements from the underground fire service supply line;
(3) When a leak is detected in the underground backflow swing-check valve, requiring
replacement;
(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
retrofitted with approved backflow prevention assemblies.
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.
The CMWD shall determine the degree of hazard to determine whether the fire service is
retrofitted with a DCDA or an RPDA.
Detector assemblies will be installed per the current edition of the City of Carlsbad Engineering
Standards.
SECTION 8: Customer Notification-Testing and Maintenance
(1) The Public Works Director will notify each affected customer in writing thirty 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
provides the customer with the necessary form to be completed and resubmitted to the
CMWD. The customer shall have a certified tester perform the test and document the
results of the testing on the prescribed form. The customer is responsible to ensure
that the completed form is returned to the CMWD 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
prevention assembly tested as prescribed in the first notice within the thirty-calendar
day period allowed. The second notice will give the customer a two-week period to have
the backflow prevention assembly tested with passing test criteria.
Dec. 17, 2019 Item #17 Page 29 of 39
(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 two notices. The final notice will
give the customer ten days to have the backflow prevention assembly tested with
passing criteria. If no action is taken within the ten-day period, the CMWD 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 until the CMWD has been notified by an approved tester that they have
been contracted to perform the backflow assembly test. The CMWD will make an
appointment with the tester to restore water service so that the test may be performed.
Any needed repairs and a passing re-test must be performed within 5 business days or
water service will be discontinued, with all applicable fees being reapplied.
SECTION 9: Water Service Termination
(1) When the CMWD encounters water uses that represent a clear and immediate hazard
to the potable water supply that cannot be immediately abated, the District shall
institute the procedure for discontinuing the CMWD water service.
(2) Conditions or water uses that create a basis for water service termination shall include,
but are not limited to the following items:
(a) Refusal to install a required backflow prevention assembly;
(b) Refusal to test a backflow prevention assembly;
(c) Refusal to repair a faulty backflow prevention assembly;
(d) Refusal to replace a faulty backflow prevention assembly;
(e) Direct or indirect connection between the public water system and a sewer line;
(f) Unprotected direct or indirect connection between the public water system and
a system or equipment containing contaminants;
(g) Unprotected direct or indirect connection between the public water system and
an auxiliary water system;
(h) A situation which presents an immediate health hazard to the public water
system.
(3) For conditions (a), (b), (c) or (d), the CMWD will terminate service to a customer's
premise after three 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 CMWD and payment
received for all applicable fees associated with water service termination.
(4) For conditions (e), (f), (g) or (h), the CMWD 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 CMWD and
payment received for all applicable fees associated with water service
termination.
SECTION 10: Requirements for Backflow Prevention Assembly Testers
(1) Competency in all phases of backflow prevention assembly testing and repair must be
demonstrated by means of education and/or experience in order to obtain certification.
(2) The following are minimum requirements:
Dec. 17, 2019 Item #17 Page 30 of 39
a. Applicants shall hold and submit a copy to the CMWD of a valid backflow
prevention assembly 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 CMWD
and the California Department of Public Health.
b. All backflow testers shall submit to the CMWD current gauge calibration
certificates for test kits to be used within the CMWD service area. Gauges must
undergo an annual calibration check. The tester shall be responsible for the
competency and accuracy of all tests and reports prepared by him/her.
(3) A tester may have his/her testing privileges revoked or suspended by the CMWD for
improper testing, repairs and/or reporting.
SECTION 11: Recycled Water Use
(1) Recycled water use sites inspections 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 CMWD.
(2) The recycled water user shall provide the CMWD with an accurate set of controller
charts. The 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.
SECTION 12: Fees
Fees to implement, maintain, administer and enforce this chapter shall be established by
resolution of the CMWD Board.
SECTION 13: Violations
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. Any person violating any of the provisions or failing to comply with
any of the provisions of this Article shall be guilty of a misdemeanor and shall be punished by a
fine of not more than one thousand dollars or by imprisonment in the county jail for a period
not exceeding six months, or by both.
SECTION 14: Severability
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article 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.
ARTICLE X
ESTABLISHING PROCEDURES FOR WORK IN THE CMWD RIGHT-OF-WAY
Dec. 17, 2019 Item #17 Page 31 of 39
SECTION 1: Title
This article may be cited as the "Right-of-Way Permit" and "Encroachment Agreement."
SECTION 2: Definitions
The following words shall have the following meanings and set out in this article
(a) "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 or
not it is particularly mentioned in this subsection, which is placed in under or over any portion
of a CMWD right-of-way.
(b) "Right-of-Way" means any CMWD real property easement, CMWD interest in
real property or public utility easement used by the CMWD.
(c) "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
on a CMWD right-of-way.
(d) "Specification" means the Standard Specifications used for public works
construction (current edition including supplements) written and promulgated by the Southern
California Chapter of American Public Works Association and Southern California District
Associated General Contractors or California Joint Cooperative Committee and published by
Building News Incorporated or other such specifications noted on approved plans including
CMWD standard drawings and specifications.
(e) "Standard Drawings" means the standard drawings of the Carlsbad Municipal
Water District, adopted and revised by the Public Works Director and most recently adopted
San Diego Regional Standard Drawings.
SECTION 3: Public Works Director's Authority and Responsibilities
This article shall be administered by the City of Carlsbad's 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 article including the certification of completed applications, the
approval of plans, the establishment of files, collection of fees and security deposits;
(b) Interpret provisions ofthis article and advise the public regarding requirements
for plans, specifications, and special provisions for facilities or encroachments subject to the
provisions of this article;
(c) Establish the format and content of plans and standards governing work on
facilities or encroachments pursuant to the provision of this article;
(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 protect CMWD facilities, persons or
property.
Dec. 17, 2019 Item #17 Page 32 of 39
SECTION 4: 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 excavation or opening, fill or obstruction in, over,
along, across, or through any CMWD right-of-way for any purpose whatsoever;
(b) Construct or repair or cause to be constructed or repaired any curb, sidewalk,
gutter, curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross
gutter, wheelchair ramp, structure, planter, wire, pipe, or vault over, along, across, overhanging
or through any CMWD right-of-way;
(c) Plant, any tree, plant shrub or flower within any CMWD 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 CMWD right-of-way, except
for drainage by controlled surface flow.
(e) Modify, alter or deface any block wall on or adjacent to a CMWD right-of-way.
(f) Enter into or exit from any CMWD right-of-way at any location not approved and
constructed as a driveway.
SECTION 5: Application for Right-of-Way Permit or Encroachment Permit
(a) Any person proposing to do any of the acts described in Section 4 of this article
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 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;
(2) Require removal of the encroachment by the permittee upon reasonable
demand by the Public Works Director;
(3) Allow the CMWD to remove the encroachment and place a lien on the
property if the permittee does not remove the encroachment in a reasonable time period;
(5) Allow for the removal of the encroachment by the CMWD during the
performance of any emergency repairs without liability to the CMWD for damages;
(6) Require adequate security of performance of such promise;
(7) Require indemnification of the CMWD in accordance with Section 16 of
this ordinance;
(8) Be in a form acceptable to the General Counsel.
Dec. 17, 2019 Item #17 Page 33 of 39
SECTION 6: Permits--Requirements of Plans
If, in the opinion of the Public Works Director, the work proposed to be done requires
the making of plans or setting of stakes, or both, the Public Works Director may require the
application to be accompanied by the necessary plans, which plans shall be prepared by a
competent engineer licensed by the California Department of Consumer Affairs. The plans shall
be reviewed by the Public Works Director or designee and shall pay the necessary fees in
accordance with Article VIII. The Applicant shall bear all costs to prepare and process said plans.
SECTION 7: Permits-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 ordinance may be limited to a period of time as
specified in the permit.
SECTION 8: Permits-Requirements for Performance of Work
(a) The permittee shall perform the work in a timely manner, in accordance with
applicable plans, specification and CMWD standards and to the satisfaction of the Public Works
Director.
(b) No person shall cause any improvement or appurtenant work to be performed
on any CMWD right-of-way by any person other than a licensed contractor or a public utility.
(c) All work shall be inspected by the representative as follows:
(1) No person shall prevent or obstruct the CMWD representative in making
any inspection authorized by this ordinance or in taking any sample or in making any test;
(2) Inspection requests must be made with twenty-four hour notice to the
CMWD.
(3) All work not in conformance with approved plans and specifications is
subject to rejection by the CMWD.
(4) Request for final inspection shall be made in writing.
(d) As the work progresses, the CMWD 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 existing before such work began.
All cleanup operations 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 CMWD may proceed with
cleanup and removal of the material or obstruction in accordance with procedures identified in
Section 14 of this article.
SECTION 9: Permits-Acceptance of Work
If the Public Works Director, by survey or by inspection or by both, determines that the work
has been completed according to the requirements of this ordinance and the permit, he shall
issue a certificate of acceptance, which shall contain a statement of the location, nature, and
extent of the work performed under the permit.
Dec. 17, 2019 Item #17 Page 34 of 39
SECTION 10: Permits-Denial and Revocation
(a) The CMWD may deny the issuance of a right-of-way permit to any person who
refuses or fails to comply with the provision of this ordinance, who is indebted to the CMWD
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.
(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 5.
(c) Any permittee found in violation of the conditions of permit or the provisions of
this ordinance shall be given a written notice to comply, stipulating the violation. Upon receipt
of the notice to comply, the permittee shall take action to correct the condition of violation
within the period stipulated in the notice. If, within the period, appropriate measures have not
been implemented, the CMWD may revoke the permit and take any measures required to
secure the work site or return the work site to its original condition. The cost of such work may
be collected from the permittee.
(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 provisions of this ordinance.
(e) The Public Works Director shall require, as a condition of the permit,
reinstatement of payment of all charges incurred by the CMWD as a result of permit revocation
including a five hundred dollar ($500) penalty for violation of the provisions of this article.
SECTION 11: Appeal Procedure
(a) Any person aggrieved by any decision of the Public Works Director with respect
to the issuance, revocation, or refusal to issue a right-of-way permit may appeal to the Board of
Directors by filing a notice of appeal with the Secretary of the Board within ten calendar days
after the date 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 amount established by
resolution of the Board of Directors. The decision of the Board of Directors shall be final.
(b) The Secretary shall thereupon 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
requested in the notice of appeal.
(c) The Board of Directors shall have the authority to determine all questions raised
on such appeal.
SECTION 12: Encroachment and Right-of-Way Application and Permit Fees
Encroachment application and right-of-way permit fees shall be charged by the CMWD for the
processing of an encroachment application and the issuance of a right-of-way permit. The fees
shall be established by resolution of the Board of Directors for the CMWD, for the purpose of
defraying the cost of processing an application, issuing the requested permit, inspection of
Dec. 17, 2019 Item #17 Page 35 of 39
works completed under the permit and other costs of administrating this ordinance. The fees
shall be paid at the time of application.
SECTION 13: 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 bond
amount. The cash deposit may be used at the discretion of the Public Works Director to provide
for restoration of CMWD 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 ofthe 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
determines necessary. 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, until
such deficiency is paid in full, no other permit shall be issued to such permittee.
SECTION 14: Placement of Materials or Obstruction of CMWD Right-of-Way
(a) No person shall place or maintain any material or any obstruction or impediment to
travel in or upon any CMWD Right-of-Way without a permit to do so.
(b) Persons violating provisions of this Section 8(d), or Section lS(a) shall be issued 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
endangering the health, safety and general welfare of the public. In addition to any other
remedy provided 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 thereof
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 twenty-four hours after receipt of such notice and diligently prosecuted
(without interruption) to completion, the CMWD shall cause such work to be done, in which
case the cost and expense of such work, including incidental expenses incurred by the CMWD,
will be assessed against the property or against each separate lot and become a lien upon such
property.
Dec. 17, 2019 Item #17 Page 36 of 39
(d) If upon the expiration ofthe twenty-four 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 CMWD may proceed to remove the encroachment immediately and without notice to the
owner if removal of the encroachment is necessary to make emergency repairs to CMWD
facilities.
(e) Upon completion of such work, the Public Works Director shall file written report
with the Board of Directors setting forth the fact that the work has been completed and the
cost thereof, together with a legal description of the property against which cost is to be
assessed. The Board of Directors shall thereupon 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 subsection (c) of the hour and place that the Board of
Directors 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 of Directors 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 finally confirmed by the Board of Directors shall be sent to
the City of Carlsbad Finance Department for collection. If any assessment is not paid within ten
days after its confirmation by the Board of Directors, the secretary shall cause to be filed in the
office of the county recorder a notice of lien, substantially in the following form:
NOTICE OF LIEN
Pursuant to Carlsbad Municipal Water District (Ordinance No. __ ), the Carlsbad Municipal
Water District did on the _____ day of ____ _, 20_, cause maintenance and
report work to be done in the CMWD 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 did on the _____ day of ____ ~
20 _, by its Resolution No. ___ assess the cost or portion of the cost thereof upon the
real property hereinafter described, and the same has not been paid nor any part thereof, and
the Carlsbad Municipal Water District does hereby claim a lien upon said real properly until the
same sum with interest thereon at the maximum rate allowed by law from the date of the
recordation of this instrument has been paid in full and discharged of record. The real property
herein before mentioned and upon which a lien is hereby 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
*
(h). From and after the date of record at ion of such notice of lien, the amount of the
unpaid assessment shall be a lien on the property against which the assessment is made, and
Dec. 17, 2019 Item #17 Page 37 of 39
such assessment 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 thereon 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 thereafter be created against the property. From and after
the date of recordation of such notice of lien, all persons shall be deemed to have notice of the
contents thereof
SECTION 15: 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 ordinance, 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 facilitate construction . 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 such relocation within the time specified in the demand and thereafter
diligently prosecute the same to completion. If permittee fails to diligently remove the
encroachment, the Public Works Director may proceed under Section 14 of this Article.
(b) The CMWD 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 CMWD right-of-way.
SECTION 16: Holding CMWD Harmless--lnsurance
The applicant for a permit, as a condition to receiving a permit shall sign a statement that he
agrees to indemnify and hold harmless the CMWD and each officer and employee thereof, 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 CMWD as an additional insured under the insurance policy. The insurance shall be
provided by a company satisfactory to the Risk Manager. Any deductible or self-insured
retention under the insurance policy shall be in amount acceptable to the Risk Manager.
SECTION 17: CMWD Not Liable for Damage to Encroachment or Encroachment Area
The CMWD shall not be liable for any damages whatsoever to the encroachment facilities or
encroachment area when the damages are related in any way to the District's continued use of
the right-of-way, or are as a result of the CMWD's construction, use, repair, replacement or
relocation of any CMWD facilities within the right-of-way.
SECTION 18: Exemptions
The CMWD and its employees, acting in their official capacity, are exempt from the
requirements set forth in the ordinance.
Dec. 17, 2019 Item #17 Page 38 of 39
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the
district secretary shall certify to the adoption of this ordinance and cause it or a summary of the
ordinance prepared by the city attorney 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 Special Meeting of the Carlsbad Municipal
Water District Board of Directors on the 10th day of December 2019, and thereafter;
PASSED AND ADOPTED at a Special Meeting of the Board of Directors of the Carlsbad
Municipal Water District, on the 17th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
~/
General Counsel
ATTEST:
/?tff,,.~ /-kcltit Gome 21 f)e uf. J
1uf Barbara Engleson, Secretary _ · 'P '[j C tJ CINK'
(SEAL)
Dec. 17, 2019 Item #17 Page 39 of 39